Local Government and Decentralization

Law-making procedure of local government in Nepal

Under Article 226 of the Constitution, the Village or Municipal Assembly makes laws on matters in Schedule 8 (exclusive local powers) and Schedule 9 (concurrent powers). Local laws must not conflict with the Constitution or with federal and provincial laws; to the extent of inconsistency they are void. The Local Government Operation Act, 2074 sets out the procedure. The law made is called a local Act (ऐन).

Steps

1. Initiation: a member of the Assembly or the Executive proposes a draft bill on a local matter.
2. Study and drafting: the concerned committee and the Chief Administrative Officer, with legal advice, examine the necessity and consistency with higher laws and prepare the draft.
3. Registration and distribution: the bill is registered in the Assembly secretariat and circulated to members in advance.
4. Presentation: the proposer presents the bill in the Assembly.
5. General discussion: members debate the principles; the Assembly decides by vote whether to proceed.
6. Clause-wise discussion: amendments are moved and voted on clause by clause.
7. Passage: the whole bill is put to vote and passed by a majority.
8. Authentication and publication: the Chairperson or Mayor authenticates the passed bill, and it is published in the local gazette or by public notice and comes into force from publication or the stated date.
9. Reporting: a copy of the Act is sent to the Provincial Government and concerned bodies.

Special points

• Financial bills are introduced by the Executive.
• Public hearing and consultation with stakeholders should be held on important laws.
• A local law that violates the Constitution or higher law can be challenged in court.

Conclusion

The procedure is participatory and constitutionally bound, balancing local autonomy with legal consistency and accountability.

Local level in disaster management under the Local Government Operation Act, 2074

Disaster management is listed in the Constitution among the exclusive powers of the local level (Schedule 8) and also among the concurrent powers shared by the three tiers (Schedule 9). The Local Government Operation Act, 2074 gives the Gaunpalika and Nagarpalika functions in this area, and it works with the Disaster Risk Reduction and Management Act, 2074. Because the local level is closest to people, it is the first responder.

Functions, duties and powers

(a) Policy and planning

• Make local disaster management laws, policy and plans, and include disaster risk reduction in annual and periodic plans.
• Form the Local Disaster Management Committee under the Mayor or Chairperson, and establish a local disaster management fund.

(b) Preparedness

• Prepare hazard and risk maps and identify settlements prone to flood, landslide, fire and earthquake.
• Run awareness programmes, drills and training; set up early warning systems.
• Store relief materials, identify safe shelters, and organise volunteers and community response teams.

(c) Mitigation

• Build embankments, check dams, drainage and slope protection.
• Enforce the building code and land use rules; relocate settlements at high risk.

(d) Response and relief

• Carry out search, rescue and first aid immediately, in coordination with the Nepal Police, Armed Police Force and Army.
• Provide food, shelter, water and medical care to victims and record losses.

(e) Recovery

• Rebuild damaged houses and infrastructure and support livelihoods, in coordination with the province and the National Reconstruction Authority.

(f) Coordination and reporting

• Coordinate with the District Disaster Management Committee, province and federal government, NGOs and the private sector.
• Keep records and report on losses and works.

Conclusion

The local level plans, prepares, responds and rebuilds, but it often lacks resources, so provincial and federal support is needed to make the work effective.