The government is preparing to finalize the draft of the 'Review of the Number and Boundaries of Rural Municipalities, Municipalities and Wards, Criteria for Merging Local Levels and Reviewing Classification' as soon as possible after receiving opinions and suggestions.
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The government has started collecting suggestions for the preparation of the review of the number and boundaries of municipalities and wards. The Ministry of Federal Affairs and General Administration has prepared a draft of the 'Rural Municipality, Municipality and Ward Number and Boundary Review, Local Level Merger and Classification Review Criteria, 2083' and has sought suggestions on it.
There is a legal provision to review the number and boundaries of local levels and wards one year before the local elections. There is one year left for the five-year term of the office bearers elected in the local level elections held on 30 Baisakh 2079. Therefore, the government is preparing to finalize the draft as soon as possible.
According to Prakash Dahal, Chief (Joint Secretary) of the Federal Affairs Division, the draft of the criteria has been prepared to address all those who have completed the process and have new demands for changing the boundaries and number of municipalities in the past. 'This will not cause much upheaval right now.' "If the application that has been finalized at the ministry and the draft that we have prepared is within the jurisdiction of the local level and the recommendation comes from the province, we will make changes," he said. "This has been a long-standing preparation, but it was not possible. This time, since the zero file campaign has started, we have also taken it forward."
Most of the wards have recommended boundary changes, citing difficulties in service delivery. According to Division Chief Dahal, 97 applications have been registered with the ministry through the Federation of Municipalities. Some applications have also been registered in the ministry. "The ministry has also prepared a draft of new standards and started the process of collecting suggestions because of the applications," Dahal said.
The draft of the standards was prepared before the change of power by the Gen-G movement. After the change of power, the draft was not worked on after the House of Representatives election on 21 Falgun became the government's priority. The Federal Affairs and General Administration Minister Pratibha Rawal of the government formed after the elections had instructed to take it forward.
The draft stipulates that a study committee will be formed at the district level if a local level or ward wants to merge or change its boundaries. The committee will be coordinated by the District Coordination Committee Chief and the deputy chief of the concerned local level, the head of the Survey and Land Revenue Office, the assistant chief district officer, the chief administrative officer and experts will be members. The draft also stipulates that the committee will study the population, geographical conditions and available services and prepare a report within three months and submit it to the concerned local level.
Kalanidhi Devkota, Executive Director of the Municipal Association, said that the initiative taken by the government for the review of the local level has been positively received. ‘This process had been initiated by the Nepal Municipal Association long ago, but it was stopped in the middle.’ He said, ‘I am happy that the government has now taken the process forward,’ and ‘I am confident that a strong government will bring it to a conclusion.’
Section 3 of the Local Government Operation Act 2074 mentions that the boundaries and number will be determined in accordance with the constitution. Sub-section 5 of Section 3 provides that if the number and boundaries of rural municipalities or municipalities need to be changed, it should be completed at least one year before the date of the rural municipality and municipality elections. Clause 3 of Article 295 of the Constitution states that a commission will be formed for this. The Constitution also states that such a commission should determine the number and boundaries of rural municipalities, municipalities and special, protected or autonomous areas in accordance with the criteria set by the Government of Nepal.
Devkota, Executive Director of the Municipal Association, said that the review process should be completed as soon as possible since the elections are next year. 'If the government is to review all municipalities, it should be completed by mid-Baishakh,' he said.
Rajendra Pyakurel, Executive Director of the National Federation of Rural Municipalities, said that the process taken forward for the local level review is welcome. 'If the government is trying to restructure the municipalities, it should be completed by this Baisakh.' "Time is very short," he said, "We have asked for suggestions in a short time, we are preparing to give possible suggestions."
He said that if the local level is to be restructured, a commission should be formed according to the constitution. Pyakurel said that the process of merging municipalities will take time. "In the case of wards, the ministry can propose and decide through the Council of Ministers," he said, "It seems that what the government wants to do now is only to change the ward boundaries. If the municipality is to be merged, the local elections will have to be postponed."
There is a legal provision that if a local level is to be merged or its boundaries changed, it must first be approved by the provincial assembly and then the federal Council of Ministers will make the final decision. Many wards have complained to the ministry that services have been disrupted and disputes have increased due to the lack of clear demarcation. Some local levels have also demanded their upgrading (for example, from a municipality to a sub-metropolitan or metropolitan city).
