Regulation to facilitate making of laws at local levels endorsed

Kathmandu, June 10

The Ministry of Federal Affairs and Local Development has endorsed the model of Rural Municipality and the Municipality Executives’ Decision or Order and Charter Authentication (Procedure) Regulation, 2017 to facilitate the making of laws in the local levels.

Section 16 of the Executive Order, 2017 recently  issued by the government states that the MoFALD may provide to  the rural municipality and the municipality the model laws of the laws  to be made by them. The concerned rural municipality and municipality may approve and implement such laws.

The constitution has conferred the power on local levels to make laws relating to their jurisdiction.  “Formulating a law is a very challenging task in itself. Compliance with constitution and the norms of rule of law in formulating local laws will help enhance people’s trust and ownership of the nation,” read a press release issued by the MoFALD.

The executive power of the local levels has been vested in the rural municipal executive or the municipal executive. The responsibility for issuing general directives, controlling and regulating the governance of rural municipality and municipality lie in the rural municipal executive and the municipal executive.

“Any decision or order to be issued in the name of rural municipal executive, municipal executive and other instruments of authorisation pertaining thereto shall be authenticated as provided for in the local law,” read Article 214 (5) of the constitution.

“The MoFALD is confident that the local levels will get the Regulation approved by their concerned assemblies,” it said. It requires the local levels to frame their laws in line with the powers vested in them. Their key powers are related to town police, cooperative institutions, operation of FM, local taxes (wealth tax, house rent tax, land and building registration fee, motor vehicle tax), service charge, fee, tourism fee, advertisement tax, business tax, land revenue, penalty, entertainment tax, land revenue collection and management of the local services, among others.

Similarly, they may make local laws on local level development plans and projects, basic and secondary education, basic health and sanitation, market management, environment protection and biodiversity, small hydropower, distribution of house and land ownership certificates, agriculture and animal husbandry, agro-products management, and others.