The Local Government Operation Act is being amended

A draft of the bill is prepared to strengthen the mayor and the chairman

Baishak 20, 2081

Rishiram Poudyal

The Local Government Operation Act is being amended

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The government has started the law amendment process in order to strengthen the mayors and presidents of the local level. Due to party disputes, the municipal budget is not passed and it is difficult to conduct the meeting of the executive committee.

After the implementation of federalism, the Ministry of Federal Affairs and General Administration has prepared a draft and sent it to the Ministry of Finance for approval to amend the Act made in 2074 for the first time. The bill has been drafted by adding and changing some provisions of the sub-sections with at least 31 sections of the

Act. The federal ministry has been designated as the coordinator of municipalities and rural municipalities to achieve the national goals set by the country based on the practice and experience of the six years since the formation of the local government. Certain proposals for coordination, facilitation and cooperation of the ministry with the local level have been placed in the proposed bill.

The constitution has given 22 subjects to the local level and common rights. As the management of financial resources seems to be weak despite being given the responsibility of work, the law that is being made now has a provision to increase the scope of tax collection and provide more rights to the local level.

There is an increase in cases where the deputy mayor or vice president is unable to conduct the executive meeting by creating a separate group against the mayor and president of the municipality. In order to control it, a provision has been proposed that the mayor and the chairman can take decisions from the executive meeting even in the presence of 25 percent of the members. Draft that the mayor or the chairman should preside over any decision in the executive meeting, if the designated people's representative does not perform the work of the client, the chairman and the mayor can recommend citizenship, if there is a complaint from the client about non-performance, the mayor or the chairman can alert the ward president and members, etc. has been prepared .

Due to the fact that different political parties and independent candidates are elected as public representatives at the local level, the mayor and the chairman are unable to work due to the increasing number of cases and the budget is not spent. . It is proposed to reach a quorum in the presence of 25 percent of the members in the meeting called for the third time in order to prevent the unnecessary maneuvering at the local level with the aim of taking political advantage by failing the chairman or the mayor.

In the current law, there is a provision to reach the quorum of the meeting only if more than 50 percent of the members are present. In the draft, it has been proposed to cut all or some of the subsidies provided by the Union and State Governments if the Village or Municipal Assembly is not held within the specified time .

According to Suman Dahal, joint secretary of the federal ministry and head of the federal affairs division, the draft bill has been prepared so that there will be coordination between the Union and local levels and between the states and local levels as determined by the division of labor regulations of the government. According to him, issues such as local level boundary determination, revenue collection and fencing are included in the Act. Local people's representatives have been complaining that the scope of revenue collection has been narrowed and the amount of revenue sent from the union and the state is low even though they have been given more work responsibilities. The experts of federalism are also of the opinion that the trend of sending work to the local level but keeping the budget at the center is dominant.            

In the draft of the bill to make policies, standards, and plans effective for implementation by formulating policies, standards, and plans for women and children, youth, target groups, backward classes, marginalized, Tharu, disabled, tribal, Muslim, gender and sexual minorities, disadvantaged Khas Arya etc. Provisions have been made . Co-Secretary Dahal informed that since there are no such subjects in the current Act, it has to be covered now.

Budget will be stopped if not present

In order to stop the tendency of the local level not to present the chief administrative officer sent by the union, the proposal to not send the budget has been placed in the law. There is an increase in the cases of the local level returning the employees with union positions if they are not suitable, not allowing them to appear, and preparing an environment in which they will be transferred by themselves . In order to control it, budget suspension has been proposed in the law. In the draft proposal of the

law, it is said, 'If any local level obstructs the attendance of employees appointed by the union and the state, the federal ministry will send a letter to the finance ministry to stop the grant.' .

is still being operated by the chief administrative officer on behalf of more than one and a half hundred local levels. In some of them, the chief administrative officer sent from the union by the local level is not allowed to work easily. In the proposed act, it is arranged that the details of the performance of the chief administrative officer should be sent to the federal ministry within a week of the end of the financial year. There is no such provision in the existing Act .

In the constitution, it is said that the ministry will also coordinate the state and local levels. Natural Resources and Finance Commission Act, Intergovernmental Finance Management Act, Local Government Operation Act, Staff Adjustment Act were issued in 2074 during the implementation of federalism to facilitate local government operations. When there was a local level, there was the Rural Municipality and Municipalities Act. Officials of the federal ministry say that due to the hasty issuance of the law at that time, many issues have to be changed now.

Before the implementation of federalism, there were local autonomous governance laws and regulations. It used to run village development committee, municipality and district development committee. The Rural Municipality and Municipalities Act used to guide the local bodies. Instead, the Local Government Operation Act was issued. The local level is being organized based on the mentioned various laws.

Federal Ministry in Facilitation

The Federal Ministry will facilitate activities at the local level, international cooperation, data, good governance, personnel management, implementation of policies taken by the Union Government, and monitoring. According to the proposal made in the Act, it is proposed that the ministry will play a coordinating role to solve the problems seen at the local level.

The local level has said that since they are the government, they do not have to give information about every subject to the federal ministry. But it is not possible to get integrated data at the local level from one place . 9 points have been proposed in the jurisdiction of the federal ministry . It has been proposed to inform the ministry about the physical infrastructure at the local level.

Rishiram

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