Local Level ~ Nepal

Excerpt from News

* As per Article 226 of the constitution, the local governments are empowered to enact laws concerning matters within their jurisdiction, covering exclusive and concurrent rights outlined in Schedules 8 and 9 of the charter. 

* Article 102 of the LG Operation Act, 2017 legally affirms the constitutional provision, authorising local governments to formulate primary laws on rights within their jurisdiction. The Act also empowers the executive to issue delegated laws (secondary laws), including regulations, guidelines, procedures and standards.

* Article 235 of the constitution requires the local governments to follow the coordination law.

* A review of this period shows an average of 25 acts (primary laws) and 46 delegated laws have been formulated at each local level. Out of the total local laws, 65 percent are delegated laws. They include regulations, manuals, procedures and standards. An analysis by the Delegated Legislation Committee of the National Assembly suggests that 80 percent of the laws issued by the Government of Nepal are delegated laws.

* https://kathmandupost.com/columns/2024/03/05/lawmaking-at-the-local-level

• According to Article 59, Section (3) of the Constitution of Nepal, Section 71 of the Local Government Operation Act, 2074 BS, and Section 21 and Section 27 of the Intergovernmental Fiscal Management Act, 2074 BS, annual budgets should be approved by the assembly before expenditure. In the case of fund transfers, it should be done in accordance with Section 79 of the Local Government Operation Act, 2074 BS.
• local governments should impose taxes only within the scope of their authority as stipulated in Article 228 of the Constitution of Nepal and Chapter 9 of the Local Government Operation Act, 2074 BS. Taxes should be imposed solely within the jurisdiction outlined in Schedule 8 of the Constitution of Nepal. Additionally, for areas of common jurisdiction mentioned in Schedule 8, local governments must obtain approval from the Government of Nepal before collecting taxes.
• According to Section 24 of the Local Government Operation Act, 2017, plans, budget allocation, and implementation at the local level should be conducted with the participation of genuine stakeholders, local intellectuals, experts, and marginalized groups. However, it has been observed that individuals with political and administrative influence select their own plans and occupy positions in consumer committees. Budgets have also been allocated to politically motivated organizations.
• As per Section 97 (12) of the Public Procurement Rules, 2064 BS, completed projects, including maintenance and oversight responsibilities, should be transferred to consumer committees for operation, maintenance, and ownership transfer, as specified in agreements. The consumer committees should be registered as separate legal entities with uninterrupted succession rights.
• If instances are found where work is being awarded to consumer committees without competitive bidding, and payments are being made based on recommendations from the committee without proper evaluation and monitoring, such practices must be completely prohibited and brought into compliance with Section 97 (11.13) (a) and (12) of the Public Procurement Regulations, 2064 BS.

https://myrepublica.nagariknetwork.com/news/corruption-at-the-local-level-pose-serious-challenge-to-good-governance/