Official Nepali title: विश्वविद्यालय सम्बन्धी केही नेपाल ऐनलाई संशोधन गर्ने अध्यादेश, २०८३
Ordinance No. 06 of 2083 | Nepal Gazette, Part 2, Volume 76, Extraordinary Issue 8, dated Baisakh 19, 2083 B.S. (certified 2083-01-19) | Ministry of Law, Justice and Parliamentary Affairs
Introduction
On 2083-01-19 B.S., Nepal published in an extraordinary Gazette an ordinance that amends the founding Acts of fifteen universities in one instrument. The Ordinance on Amendment to Some Nepal Acts Relating to Universities, 2083 changes who sits on university governing bodies, adds statutory qualifications for the Vice-Chancellor, Rector and Registrar, creates search committees for senior appointments in some universities, and removes a number of existing provisions. It applies immediately.
Background and Legal Context
The ordinance was promulgated by the President under Article 114(1) of the Constitution of Nepal on the recommendation of the Council of Ministers. Its preamble gives two reasons: existing university laws needed urgent amendment, and the Federal Parliament was not in session. An ordinance of this kind has the force of law from its commencement, but the Constitution makes it subject to parliamentary approval. Its legislative status after promulgation has not been verified for this article, and readers should check it before relying on the provisions long term.
Main Provisions
Section 1 gives the short title and states that the ordinance comes into force at once. Sections 2 to 16 then amend, in turn, the following Acts.
Section | Act amended |
2 | Nepal Sanskrit University Act, 2043 |
3 | Kathmandu University Act, 2048 |
4 | Tribhuvan University Act, 2049 |
5 | Purbanchal University Act, 2050 |
6 | Pokhara University Act, 2053 |
7 | Lumbini Buddhist University Act, 2063 |
8 | Far Western University Act, 2067 |
9 | Mid Western University Act, 2067 |
10 | Agriculture and Forestry University Act, 2067 |
11 | Nepal Open University Act, 2073 |
12 | Rajarshi Janak University Act, 2074 |
13 | Vidushi Yogmaya Himalayan Ayurveda University Act, 2079 |
14 | Madan Bhandari University Act, 2079 |
15 | Nepal University Act, 2081 |
16 | Shahid Dashrath Chand Health Sciences University Act, 2082 |
1. Qualifications for senior office holders
Several Acts receive new sections prescribing eligibility for appointment. The pattern is consistent, with subject-specific variations such as Sanskrit, Buddhist philosophy, or agriculture, forestry and veterinary science.
Post | Qualifications introduced (as in the Tribhuvan, Kathmandu and Sanskrit examples) |
Vice-Chancellor and Rector | Doctorate from a recognised university; at least ten years of academic or research experience; demonstrated management skill; at least forty years of age; high moral character |
Registrar (Secretary in the Sanskrit University) | Master's degree from a recognised university; at least ten years of experience in academic or research administration; demonstrated leadership skill; high moral character |
For example, the Nepal Sanskrit University Act gets new Sections 17A (Vice-Chancellor and Rector) and 18A (Registrar), the Kathmandu University Act gets Sections 14A and 15A, and the Tribhuvan University Act gets Sections 19A and 20A.
2. Recommendation committees
In the Nepal Sanskrit University Act, new Section 16A requires the Chancellor to form a committee to recommend candidates for Vice-Chancellor, Rector and Registrar. It is convened by a person holding at least a doctorate in Sanskrit with fifteen years of experience in the field, with one member who has held office as Vice-Chancellor, Rector or Registrar at a Nepali university and one member with at least ten years of experience in managing an academic or research institution. The committee may set its own working and selection procedure. In the Nepal Open University Act, Section 22 is amended so that a committee recommends persons for Vice-Chancellor to the Chancellor, and a similar provision is added for the Registrar.
3. Governing body membership
Most Acts replace the provisions that list members of the university's main governing bodies. The new lists add or restate elected or nominated representation of teachers, professors, employees and students, with minimum representation for women in some cases. For example, the Sanskrit University provision now calls for three teacher members including at least one woman, and the Tribhuvan University provision for five teacher members including two women, together with one employee representative and student representatives.
4. Deletions
Words fixing a four-year term are deleted in places such as Sections 14(1) and 15(1) of the Kathmandu University Act and Section 18(3) of the Tribhuvan University Act.
Many sub-sections and sections are deleted across the Acts, for example Section 4(3) and Section 8(3) of the Nepal Sanskrit University Act, Section 16(4) of the same Act, and Sections 23(2), 27(3) and 35 of the Shahid Dashrath Chand Health Sciences University Act.
In the Shahid Dashrath Chand Health Sciences University Act, the words requiring that a person not have completed sixty-one years of age at the time of appointment are removed from Section 24(ch).
Because this article does not set out the pre-amendment text of each Act, the exact legal effect of each deletion should be confirmed against the consolidated Acts before it is relied upon.
Practical Implications
Universities will need to reconstitute the affected bodies and align appointment procedures with the new qualification requirements.
Candidates for Vice-Chancellor, Rector and Registrar posts should check their academic and experience record against the new statutory conditions.
Professionals advising universities, or serving on university bodies, should note the changed representation of teachers, employees and students.
Finance and audit teams at universities should confirm whether deleted provisions affected any financial approval or reporting procedure they have followed.
Effective Date and Transitional Arrangements
Section 1(2) provides that the ordinance comes into force immediately. The portion of the ordinance read for this article contains no separate transitional provision for current office holders. How existing appointments and terms are affected, particularly where fixed-term wording was deleted, is not addressed in the ordinance text and should be confirmed.
Conclusion
By amending fifteen university Acts together, the ordinance moves the country's public universities towards a common set of appointment qualifications and governance structures. The substance, which includes new eligibility rules, search committees and revised representation, will matter to universities, candidates and advisers. The ordinance remains subject to parliamentary scrutiny, so its continued status should be monitored.
Official Sources and References
Nepal Gazette, Part 2, Volume 76, Extraordinary Issue 8, 2083-01-19, Ordinance No. 06 of 2083: Original ordinance (Department of Printing)
Official Gazette listing for 2083: Department of Printing, Nepal Gazette list
Constitution of Nepal, Article 114(1) and the university Acts listed above: Nepal Law Commission
Disclaimer
This article is intended for general informational and educational purposes and should not be treated as a substitute for advice based on the specific facts and applicable law.
