It is mentioned in the report that there is no consensus on the procedures to determine the remuneration, service conditions and facilities of the university officials by making regulations.
It has been found that Tribhuvan University has been committing irregularities by issuing dozens of regulations, procedures and guidelines against the laws and regulations.
The Public Policy and Delegated Legislation Committee of the National Assembly studied the situation regarding the implementation of the Tertiary Education Act 2049. In the study report, it is mentioned that the officials of the University abused their authority and arbitrarily issued procedures, regulations, work systems from the Executive Council and caused irregularities and also obstructed the rule of law .
Committee Chairman Maya Prasad Sharma in the report submitted to the National Assembly Speaker Narayan Prasad Dahal has suggested that the delegated legislations of the University should be deactivated and included in the Acts and Regulations as they have not been issued by the authorized body. The Tertiary Act does not empower the Executive Council to pass delegated legislation.
Since 2070, 35 regulations, 19 work systems, 17 guidelines and 16 procedures have been issued by the executive council. Although such regulations passed by the Executive Council should be passed and implemented by the Trivisabha, it is said that the Trivisa did not comply with them. It has been pointed out in the report that the act of determining the salary, service conditions and facilities of the officials themselves is not lawful. "As it is not lawful to make regulations to determine your own salary, service conditions, and facilities, such matters should be mentioned in the regulations," the report said.
The University has been established by regulating funds like employee welfare, medical treatment, employee compensation, which are financially burdensome. It has been pointed out that such matters, which are not mentioned in the Act, should be regulated in the Act itself. According to the committee, regulations have been issued without making clear provisions in the rules for implementing the purpose of the Act.
In addition to the Tertiary Act, Teachers, Staff Service Rules 2050, Organization and Educational Administration Rules 2050, Financial Management and Procurement Rules 2050, Decentralization Rules 2055 and Autonomy Rules 2062 are active . In addition, the working council has issued 5 regulations for the implementation of rules related to teacher staff service, and 27 regulations under the rules related to organization and educational administration. The report points out that the delegated authority has been re-delegated by keeping clear provisions in the
rule itself. It is the opinion of the committee that the prevailing regulations, procedures and guidelines have ignored the principles of law making. It is mentioned in the report that the provision that such legislation should be published in the Gazette and registered with the Ministry of Law has not been implemented by the University. The attention of the Ministry of Education, Science and Technology has been brought to the attention of the Ministry of Education, Science and Technology when it was reminded by the Arrangement Committee of the Legislation Act 2081 that legislations that have not completed the process will be automatically repealed within one year. The
committee has also suggested that the Tertiary Act is 31 years old and does not harmonize with the new constitution. "Even though the Tertiary Act has been amended by 2077, it is not possible to solve the problem of the Tertiary University by amending the Act," the report says, "Since the new constitution has been issued, it is necessary to reorganize the structure of the Tertiary University according to the constitution, so it is necessary to introduce a new law." The draft of the higher education bill prepared by the Ministry of Education has reached the Cabinet and comes back. The parliamentary committee has suggested to the government to proceed with the process of law making regarding universities.
It has been recommended to make arrangements to fill the posts of Vice-Chancellor and other officials 3 months before the vacant posts are made. Although the Vice-Chancellor has been vacant in Trivim since 15th March, the government has not been able to appoint one. Although there is a provision in the Act to appoint vice-chancellors and other officials within 3 months of their vacancy, it has not been implemented. The Parliamentary Study Committee has suggested that the officials to be appointed should be made mandatory to fill the posts three months in advance for the ease of work .
