DAOs still report to federal government

Kathmandu, March 1

Confusion persists whether the federal government or provincial governments should control district administration offices, as the new Local Administration Act is yet to be formulated.

Spokesperson for the Ministry of Home Affairs Narayan Prasad Sharma Duwadi said the ministry had directed chief district officers of all the 77 districts to carry out their regular duties until a new law was enacted. He said CDOs had been performing their duties as per the old Local Administration Act-1971.

According to Duwadi, the MoHA had formulated draft of the new Local Administration Bill and sent it to the Office of the Prime Minister and Council of Ministers for discussion and revision. “The government can issue a special order if enactment of the new law is delayed,” said Duwadi. He hastened to add that the government was serious about passing the new bill.

Duwadi said it was being debated whether the federal government or provincial governments should control district administration offices. The MoHA has directed CDOs to coordinate with provincial governments to ease administrative hurdles till a new law is enacted.

He said CDOs would be accountable to provincial governments and coordinate with the federal government on certain issues related to peace and security. “CDOs will implement security policy of the federal government,” Duwadi told THT.

Due to delay in formation of a new law, chief district officers throughout the country have been carrying out their duties as usual.

Province 6 Chief Minister Mahendra Bahadur Shahi said none of the old mechanisms had been handed over to the provincial government or the local levels.

“Structures of the regional administration are still functioning; CDOs have been taking directions from the Ministry of Home Affairs and other ministries, as usual,” said Shahi. He added that government mechanisms should be handed over to the provincial government and local levels at the earliest, as per the spirit of the constitution.

Constitutional expert Chandra Kanta Gyawali said CDOs should be under provincial governments, as per the spirit of the constitution. “CDOs have to look after peace and security issues and issue citizenship certificates and passports to citizens and implement security policy of the federal government,” said Gyawali.

Member of the defunct Local Level Restructuring Commission Sunil Ranjan Singh said CDOs should be accountable to the local levels and provincial governments. He said the constitution had envisaged limited role for CDOs. “They have to look after peace and security issues and implement policies of the federal government,” said Singh.

Lalitpur CDO Mahadev Pantha said he was performing his duties as per the existing laws but would abide by new provisions once a new law governing the work of CDOs was enacted.