Nepal

Local laws easing work of people's representatives

By RASTRIYA SAMACHAR SAMITI

SURKHET, AUGUST 17

Local level governments that are constitutionally endowed with legislative authority have formulated and implemented laws within their jurisdiction.

The formulation of some spectacular laws in the first term of local governments following proclamation of the constitution in 2015 has helped the newly-elected people's representatives run and manage local governance affairs.

It is often said the local levels had framed the most essential laws, work procedure, directives, regulation and standards amidst inadequate availability of experts. Most of the legal documents had been published in the national gazette and thereby come into implementation.

As per the constitutional mandate, the local levels, including municipalities, are obliged to enact 28 laws. According to the Local Government Operation Act, 2017, the draft of the bill once endorsed by the village/municipal assembly receives legal status.

Birendranagar Municipality informed that it had prepared 81 legal documents.

Mayor Mohanmaya Dhakal shared that 27 Acts and 54 rules (regulation, guidelines, work procedure and standards) were made in the last five years.

'Formulation of thematic laws has eased the work now,' she said, adding, 'The municipality has adopted an approach of wider consultation with stakeholders, including thematic committees while framing regulations, work procedure, directive and standards.'

The thematic committees help with the law-making process at the local level by holding consultation on the themes of their jurisdiction.

Birendranagar has so far formulated Public Procurement Regulation, Mediation Work Procedure, Local Service Act, Judicial Committee Act, Environment and Waste Management Act, Municipal Hospital Operation and Management Work Procedure, and Hydropower and Source Registration Work Procedure.

In addition, the municipality has brought into implementation the Bus Park Operation Work Procedure, Vehicle Operation Work Procedure, Cooperative Regulations and River-based Materials Extraction Work Procedure.

Similarly, Gurvakot Municipality has also enacted over 50 laws. Mayor Hasta Pun shared they had come across several challenges in the preparation of legal foundation in the first round. 'It was difficult for the novice people's representatives to frame, enact and implement the laws,' he added.

Likewise, Chaukune Rural Municipality said that it had also produced 40 laws, including Acts, regulations, work procedures and directives.

Chairperson Khaka BK said the rural municipality had promulgated all the required laws, including Cooperative Act, Users' Committee Formation Work Procedure and Infrastructure Management Act. 'The making of remaining laws is also a priority,' he added. Likewise, Simta, Barahataal and Chingad rural municipalities of Surkhet have also said they had made more than 40 laws each.

Nevertheless, people's representatives have complained that delay and digression in the making of some essential laws by the federal and provincial governments had direct bearing on local levels, particularly in law making.

A version of this article appears in the print on August 18, 2022 of The Himalayan Times.