Prologue (Local Administration Act 2028)

Local Administration Act 2028 was enacted in Shrawan 2028 BS for the amendment and consolidation of Laws relating to Local Administration in Nepal. It was authorized by King Mahendra Bikram Shah under the recommendation of the National Panchayat.

The Preamble of the Act has stated the major objective of the act was to bring consistency with the local administration and decentralized Administrative System while maintaining peace and Order.

Regional Administration

Section 4A of the Local Administration Act had provisioned for a Regional Administration in each of the Five Development Regions of Nepal. The Office of the Regional Administration was prescribed in:

  1. Dhankuta for Regional Administration Office of Eastern Development Region
  2. Hetauda for Regional Administration Office of Eastern Development Region
  3. Pokhara for Regional Administration Office of Eastern Development Region
  4. Surkhet for Regional Administration Office of Eastern Development Region
  5. Dipayal for Regional Administration Office of Eastern Development Region

For the Regional Administration Office, a Regional Administrator had to be appointed from amongst the Gazetted Special Class Officers of the Civil Service of Nepal.

Functions and Duties of Regional Administrator

The Primary Function of the Regional administrator was to carry out the Administration of the respective region following the policies, principles, and guidelines issued by the Government of Nepal. The duties of the Regional Administrator were:

a) Maintaining peace and order in the region.

b) Coordinating the activities of the 12 District Administration Offices in the region.

c) Taking Necessary Actions to increase efficiency and accountability of the Regional and District Offices.

d) Protecting and overseeing government and public property in the region, as long as it’s not contrary to existing laws.

e) Providing regular updates on the region’s peace and security status to the Government of Nepal.

f) Conducting periodic inspections of the border areas adjacent to the district and reporting to the Government of Nepal.

g) Resolving disputes related to public interests such as boundaries, roads, canals, water sources, etc., between two or more districts within the region.

h) Regularly inspecting regional prisons, ensuring their proper functioning, and making recommendations for prisoner pardons.

i) Promoting nationalism in the region and fostering unity among Nepalese people through reconciliation and goodwill.

j) Carrying out other tasks as directed by the Government of Nepal and monitoring their implementation.

Regional Security Committee

The Act has also incorporated a Regional Security Committee for peace, security, and order in each region. Its Members are:

  1. The Regional Administrator is the Chairperson
  2. The local Chief of the Nepalese Army is a member
  3. The Chief of the Regional Police Office is a member
  4. The Chief of the Armed Police Office is a member
  5. The chief of the Office of National Investigation Department that looks after the specific region is the Member-Secretary.

District Administration

The Act has equipped each District with a District Administration Office responsible for overseeing the General Administration of the specified District.

The Government of Nepal must appoint a Chief District Officer in each district who acts as the Chief Administrative Officer for the District.

The Officer must act as a representative of the Government of Nepal and carry out their duties according to Existing Laws, Policies, Principles, and Directives.

Functions, Duties, and Powers of Chief District Office

(a) Maintaining peace, order, and security in the district.

(b) Providing support for development projects conducted by the Government of Nepal, District Development Committee, Municipality, and Village Development Committee in the district.

(c) Overseeing the maintenance and repair of government properties within the district.

(d) Carrying out other tasks and activities as directed by the Government of Nepal from time to time.

Functions, Duties, and Powers of CDO

Maintaining Public Order

The Chief District Officer has the authority to arrest an intoxicated person who engages in unethical behavior in a public place. They can further detain the individual, issue warnings, and impose fines up to NPR 1, 000 for repeating offenses.

Labor Rights

The Chief District Officer can write to the department or employee forcing an individual to work without remuneration to an official or domestic work for a departmental action under the prevailing law.

Wildlife

The CDO can authorize the extermination and killing of wild animals causing havoc within the specified Municipality or Village Development Committee.

Sale of Goods and Commodities

The CDO has the power to punish and penalize individuals who are engaging in the sale of goods or commodities without authority. They can issue a punishment of NPR 1,000 Fine and Imprisonment up to 3 Months according to the goods and commodities.

Public Infrastructure

The CDO is responsible for recording the Sources of Public Water including Wells, Ponds, and other Public Infrastructure such as guest houses, temples, caves, bridges, and other structures in the District.

Land and Property

If the construction of a House or Infrastructure is being conducted on Governmental or Public Land, the CDO must authorize to prevent such construction. The Materials must be removed and demolished from the site within One Month. The Accounting of the Administration was also required to be kept properly.

District Security Committee

A District Security Committee shall be operated in each district to assist in the peace, security, and order of the District as maintained in the Local Administration Act :

  1. The Chief District Officer as the Chairperson
  2. The Local Chief of the Nepal Army as a Member
  3. Chief of District Police Office as a member
  4. Local Chief of Armed Police Office as a member
  5. District Chief of the National Investigation Department as a Member
  6. Assistant Chief District Officer as a member secretary.

Name of Development Regions, Zones and Districts

Schedule 3 of the Local Administration Act 2028 has stated the Names of Development Regions, Zones, and Districts in Nepal. Here is the List:

Eastern Development Region

Mechi

Taplejung Panchthar Ilam Jhapa

Koshi

Sankhuwasabha Terhathum Dhankuta Bhojpur Sunsari Morang

Sagarmatha

Solukhumbu Okhaldhunga Khotang Udayapur Siraha

Central Development Region

Janakpur

Dolakha Ramechhap Sindhuli Dhanusa Mahottari Sarlahi

Bagmati

Sindhupalchowk Rasuwa Kabhrepalanchowk Bhaktapur Lalitpur Kathmandu Nuwakot Dhading

Narayani

Makawanpur Rautahat Bara Parsa

Western Development Region

Gandaki

Chitawan Gorkha Tanahu Manang Lamjung Kaski Syangja

Lumbini

Gulmi Palpa Arghakhanchi Nawalparasi Rupandehi Kapilbastu

Dhaulagiri

Parbat Myagdi Mustang

Mid-Western Development Region

Rapti

Baglung Rukum Rolpa Pyuthan Salyan Dang

Karnali

Dolpa Jumla Kalikot Mugu Humla

Bheri

Jajarkot Dailekh Surkhet Banke Bardiya

Far-Western Development Region

Seti

Bajura Bajhang Achham Doti Kailali

Mahakali

Darchula Baitadi Dadeldhura Kanchanpur

Epilogue

Local Administration Act 2028 B.S. was a key factor in the integration and consolidation of the Regional and District Administration of Nepal.

It provisioned for a Regional Administration Office, Regional Security Committee, District Administration Office, and District Security Committee in Nepal.

It also provided several Administrative and Quasi-Judicial Powers to the Chief  District Officer including dispensing punishment of up to 6 Months.

Cite

Pokhrel, Aupson. “Local Administration Act 2028 – the #1 Encyclopedia of Nepali History.” Encyclopedia of Nepali History, 19 Oct. 2023, itihasaa.com/acts/local-administration-act-2028.