Kathmandu, March 9

The government has framed the ‘Bill on Procedures to be Adopted while Adjudicating the Complaints by Judicial Committee’ for the village/municipal assemblies to settle complaints filed at local levels through reconciliation by maintaining clarity, uniformity and transparency in the delivery of justice.

The bill was formulated pursuant to Sub-Article (1) of Article 221 of the constitution. The law has provided for a provision of a three- member judicial committee led by vice-chairperson in the case of a rural municipality and deputy mayor for municipality to settle disputes under their respective jurisdictions.

The committee shall hear and dispose of cases other than the heinous ones to be investigated by police and adjudicated by court. The jurisdictions of the committee to adjudicate the complaints or disputes through reconciliation between the parties are related to use of canals, damage of crops, grazing land and forest, denial of wages, lost and found domestic animals, nurturing senior citizens, care of husband/wife and children, encroaching on others’ property, divorce, slandering and polluting the environment, among others.

The adjudicating body of the local levels shall also abide by the provisions of the Mediation Act, 2011 while hearing and disposing of the cases under their jurisdictions. “The committee shall summon the concerned parties and witnesses for hearing. In the case of disputes involving women and children, it may conduct hearing in a closed bench considering the sensitivity of the case. The name, surname and address of the victim shall be kept confidential while the proceedings are heard by the closed bench,” the bill reads.

The committee is not allowed to assign any member, who has a conflict of interest in a dispute or case of his/her close relatives and business partner, to hear and dispose of the case, according to the bill. The cases registered by the committee shall be settled through reconciliation within 90 days and the final decision is unalterable.

“If a case may not be settled through the committee, it shall be referred to the concerned police office for further action as per the existing laws,” the bill says.