chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Local Government Operation Act, 2017

70. Contingency Fund: The Rural Municipality and Municipality may establish and operate a Contingency Fund in accordance with local law. 71. To Present and Pass Budget: (1) The Vice-Chairperson, Deputy Chief, or any member of the Executive designated by the Executive must present the estimate of revenue and expenditure (budget) for the upcoming fiscal year, approved by the Executive, to the Assembly within the tenth day of Asar (late June).
(2) The annual revenue and expenditure pursuant to sub-section (1) must state the actual details of revenue and expenditure of the previous fiscal year, the revised estimate of income and expenditure up to the end of the current fiscal year, and the plans and programs and estimated details of income and expenditure for the upcoming fiscal year.
(3) The Assembly must prepare a schedule for the budget presented pursuant to sub-section (1) and complete the discussion within fifteen days.
(4) After the discussion is completed pursuant to sub-section (3), the Assembly may pass the budget or send it back to the Executive with suggestions.
(5) The Executive shall reconsider the budget received with suggestions pursuant to sub-section (4) and re-submit it to the Assembly within five days, with necessary modifications or, if no modification is deemed necessary, with reasons.
(6) The Assembly must pass the budget presented pursuant to sub-section (1) or (5) by the end of Asar (mid-July).
(7) Notwithstanding anything written elsewhere in this section, it shall not be deemed an obstacle for the office bearers of the Rural Municipality and Municipality formed from the first election to present and pass the budget within two months of assuming office.
(8) Supplementary estimates and other provisions related to the budget shall be in accordance with local law. 72. Fiscal Year and Accounts of Income and Expenditure: (1) The Rural Municipality and Municipality shall maintain accounts of income and expenditure, adopting the period from the first day of Shrawan (mid-July) of each year to the end of Asar (mid-July) of the following year as the fiscal year.
(2) The Rural Municipality and Municipality shall adopt the classification of income and expenditure and the provisions related to expenditure headings as determined by the Government of Nepal.
(3) While adopting the provisions pursuant to sub-section (2), the Rural Municipality and Municipality may make additional classifications of income and expenditure without changing the main headings. 73.
Local Government Operation Act, 2017

73. Expenditure Authorization and Procedure: (1) Within seven days of the approval of the budget by the Assembly, the Chief or Chairperson shall grant expenditure authorization for the budget to the Chief Administrative Officer.
(2) Within fifteen days of receiving authorization pursuant to sub-section (1), the Chief Administrative Officer shall grant authorization to spend in accordance with prevailing law, along with the program and budget, to the concerned department or division head and ward secretary.
(3) The total responsibility for accounting matters, including spending, maintaining or causing to be maintained accounts, getting audits done, and settling irregularities of the amount authorized pursuant to sub-sections (1) and (2), within the limits of the approved budget and in accordance with prevailing law, shall lie with the authorized officer.
(4) The Local Accumulated Fund shall be operated by the Chief Administrative Officer and the Chief of Accounts of the Rural Municipality or Municipality, and the fund of the District Coordination Committee shall be operated by the District Coordination Officer and the Chief of Accounts.
(5) The expenditure account shall be operated by the Chief Administrative Officer of the Rural Municipality or Municipality or an employee of the officer level designated by him/her, and the Chief of Accounts or an accounts employee designated by him/her, and in the case of the District Coordination Committee, by the District Coordination Officer or an employee of the officer level designated by him/her, and the Chief of Accounts or an accounts employee designated by him/her.
(6) While spending the approved budget, the Chief Administrative Officer shall make necessary arrangements to ensure regularity, economy, efficiency, effectiveness, and justification.
(7) The Executive shall not spend the budget beyond the limits and headings approved by the Assembly. 74. To Make Public Procurement: (1) When the Rural Municipality and Municipality have to make public procurement, they must do so in accordance with the Federal Public Procurement Act.
(2) Subject to the Act pursuant to sub-section (1), the Rural Municipality and Municipality may make and implement public procurement regulations. 75. To Be Deposited in the Accumulated Fund: The amount remaining unspent in a fiscal year shall be automatically transferred to the Accumulated Fund of the Rural Municipality or Municipality at the end of the fiscal year. 76.
Local Government Operation Act, 2017

75. To Be Deposited in the Accumulated Fund: The amount remaining unspent in a fiscal year shall be automatically transferred to the Accumulated Fund of the Rural Municipality or Municipality at the end of the fiscal year. 76. Accounts of Transactions: (1) The system of accounts for transactions, income, and expenditure, and the classification of revenue and expenditure headings of the Rural Municipality and Municipality shall be as prescribed.
(2) The local level shall maintain the accounts of its transactions in a format approved by the Auditor General upon the recommendation of the Office of the Comptroller General.
(3) The Chief Administrative Officer shall submit the quarterly progress report of the amount spent from the Fund of the Rural Municipality or Municipality to the meeting of the Executive within fifteen days of the end of such period.
(4) The Rural Municipality, Municipality, and Ward Offices shall make public the details of their income and expenditure within the seventh day of each month.
(5) The Rural Municipality and Municipality shall prepare a quarterly heading-wise statement of income and expenditure in the Local Accumulated Fund and send it to the Federal Ministry of Finance, Provincial Ministry of Finance, the Ministry, and the National Natural Resources and Finance Commission.
(6) If any loss, damage, or harm is caused to the Government of Nepal, Provincial Government, or local level due to an employee responsible for maintaining accounts of the income and expenditure of the local level failing to maintain proper accounts, the loss or damage so caused shall be recovered from the employee causing such loss or damage. 77. Audit: (1) The local level shall have its final audit of income and expenditure conducted by the Auditor General.
(2) The local level shall have an internal audit of its income and expenditure conducted in accordance with law.
(3) Deficiencies pointed out by the internal audit pursuant to sub-section (2) shall be re-audited by the concerned officer before the final audit takes place.
(4) One copy of the internal audit conducted pursuant to sub-section (2) shall be made available to the door team deployed for the final audit or the person or body designated by the Auditor General. 78.
Local Government Operation Act, 2017

78. To Implement Internal Control System: (1) The local level shall prepare and implement an internal control system according to the nature of its work to ensure that the work performed by its office is carried out in an economical, effective, regular, and efficient manner, to make the financial reporting system reliable, and to perform work in accordance with prevailing law.
(2) While preparing the internal control system pursuant to sub-section (1), matters such as identification of risk areas, control environment, information exchange, monitoring, and evaluation shall also be included according to the nature of the work.
(3) To monitor the internal control system pursuant to sub-section (1), the Chairperson, Chief of the Rural Municipality or Municipality, or the Chief of the District Coordination Committee shall monitor it themselves or make arrangements for monitoring by designating a responsible officer.
(4) The responsibility for correcting the errors found from the monitoring conducted pursuant to sub-section (3) and strengthening the internal control system shall lie with the concerned Chairperson, Chief, or Chief of the District Coordination Committee.
(5) The Rural Municipality and Municipality shall conduct programs such as public examination, social audit, and public hearing to make the delivery of public services transparent, accountable, and responsible. 79. Budget Re-appropriation: Subject to the approved annual budget, the Executive may make budget re-appropriation up to twenty-five percent from any heading to a capital heading. 80. Use of Information Technology: The Ministry may prescribe the format of information technology to be used in the economic operating system and administrative work of the local level to maintain uniformity and promote transparency and accountability in such areas. Chapter-11
Administrative Organization and Employee Management

81. Office: The office of the Rural Municipality, Municipality, and Ward shall be located at the center of such Rural Municipality, Municipality, or Ward. 82. Seal of Office: The local level shall use the emblem of Nepal, and may mention its name on the lower edge of such seal. 83.
Local Government Operation Act, 2017

Office: The office of the Rural Municipality, Municipality, and Ward shall be located at the center of such Rural Municipality, Municipality, or Ward. 82. Seal of Office: The local level shall use the emblem of Nepal, and may mention its name on the lower edge of such seal. 83. Administrative Organization and Employee Positions: (1) The Rural Municipality and Municipality shall, taking into account their own workload, revenue capacity, expenditure size, local needs, and specificity, establish an organizational structure with thematic branches or departments in the Rural Municipality or Municipality based on an organization and management survey only after employee adjustment.
(2) The organizational structure pursuant to sub-section (1) must include the organizational structure of each ward.
(3) The Chief Administrative Officer shall, analyzing the jurisdiction and workload of the Rural Municipality and Municipality, prepare a proposal for employee positions required for work of a permanent nature and those to be taken on a service contract basis, based on an organization and management survey.
(4) While preparing the proposal for employee positions pursuant to sub-section (3), the proposal for positions shall be made only after analyzing the sources to bear the expenses for service facilities such as salary, allowance, provident fund deduction amount, contribution-based gratuity or pension, medical treatment, leave, etc., required for permanent employees, and ensuring such expenses.
(5) While preparing the proposal for positions pursuant to sub-section (3), the proposal for positions shall be made only after analyzing the sources to bear the expenses for service facilities such as salary, allowance, and contribution-based social security, etc., required for service contracts, and ensuring such expenses.
(6) Temporary positions shall not be created for the operation of local level services.
(7) If expert service is required to perform any work based on an organization and management survey, and it is deemed appropriate and effective to perform such work through a service contract, the Rural Municipality and Municipality may perform such work through a service contract.
(8) Notwithstanding anything mentioned elsewhere in this section, the Rural Municipality and Municipality shall fill positions related to municipal police, drivers, peons (sayas), office assistants, plumbers, electricians, watchmen, gardeners, and sanitation by service contract only, based on competition, without making permanent appointments in such positions. Positions and services other than these shall not be filled by contract.
(9) The service period, remuneration, and other facilities of employees appointed by service contract pursuant to sub-sections (7) and (8) shall be as mentioned in that contract.
(10) The organization and management survey report prepared pursuant to this section must be approved by the Assembly. 84.
Local Government Operation Act, 2017

84. Provision Regarding Chief Administrative Officer: (1) There shall be a Chief Administrative Officer to act as the administrative chief of the Rural Municipality and Municipality.
(2) Until the functions, duties, and powers of the Chief Administrative Officer are prescribed by local law, the functions, duties, and powers of the Chief Administrative Officer shall be as follows: -
(a) To act as the secretary of the Assembly and the Executive,
(b) To implement or cause to be implemented the decisions of the Assembly and the Executive,
(c) To formulate, implement, monitor, and evaluate or cause to be formulated, implemented, monitored, and evaluated annual programs and budgets under the direction of the Chairperson or Chief,
(d) To maintain or cause to be maintained accurate accounts and records of the fund and financial transactions, get audits conducted, and settle or cause to be settled irregularities,
(e) To prepare reports for the adjustment of projects and submit them to the meeting of the Executive,
(f) To protect or cause to be protected the movable and immovable property of the Rural Municipality or Municipality, maintain or cause to be maintained records and update them,
(g) To call meetings of the Executive and the Assembly under the direction of the Chairperson or Chief, and perform or cause to be performed necessary work related to the meetings,
(h) To certify decisions of the Executive and secure records of decisions of the Assembly and the Executive,
(i) To protect or cause to be protected case files related to settlements and decisions made by the Judicial Committee,
(j) To exercise administrative and financial control over the Rural Municipality or Municipality,
(k) To prepare a public procurement plan and perform or cause to be performed procurement-related work,
(l) To perform or cause to be performed other tasks assigned by the Assembly or the Executive.
(3) The appointment of the Chief Administrative Officer shall be in accordance with law.
(4) Until a Chief Administrative Officer is appointed pursuant to sub-section (3), the Government of Nepal shall depute any officer level employee of the civil service to work as the Chief Administrative Officer. 85. Employee Adjustment: (1) Notwithstanding anything written elsewhere in this Act, provisions regarding employee adjustment in the local level shall be in accordance with prevailing federal law.
(2) Until employee adjustment is made pursuant to sub-section (1), the Government of Nepal may depute any employee working in the civil service or local level to work in the local level.
(3) Notwithstanding anything written in sub-section (1), permanent employees working in the local level at the time of commencement of this Act shall be deemed to have been automatically adjusted to the concerned local level.
Local Government Operation Act, 2017

Employees of the District Coordination Committee may be deputed to local levels in the concerned district and while deputing employees in this manner, priority shall be given to Rural Municipalities and Municipalities with insufficient employees. 86. Formation of Local Service and Employee Appointment and Conditions of Service: (1) The basic principles and standards relating to the formation, operation, management, conditions of service, and facilities of the local service shall be in accordance with federal law.
(2) Subject to sub-section (1), other provisions relating to the formation, operation, management, conditions of service, and facilities of the local service shall be in accordance with the law made by the local level.
(3) Only candidates selected and recommended by the Provincial Public Service Commission shall be appointed to permanent positions in the local service.
(4) If the Federation and the Province request records and details of employees of the local service, it shall be the duty of the local level to provide such records and details. 87. Provision Regarding Competition: Employees continuously working up to the time of commencement of this Act in vacant positions that need to be filled among the approved permanent positions of the local level shall be given an opportunity to participate in the examination of the first open and internal competitive advertisement conducted by the Public Service Commission after the commencement of this Act. The age limit shall not apply to such employees to participate in the examination of the first advertisement. If they do not participate in or fail the said examination, they shall be automatically retired. 88. Salary of Employees: The initial salary scale of employees of the local service shall be as prescribed by the Provincial Government, and until so prescribed by the Provincial Government, it shall be as prescribed by the Government of Nepal. 89. May Depute on Secondment: The Government of Nepal may, upon the request of the local level, if deemed appropriate, depute any civil service employee on secondment for a maximum of two years, with salary and allowances to be borne by the local level itself. 90. To Adopt a Level-based System: The local level shall adopt a classification-based level system while forming, operating, and managing the local service. 91.
Local Government Operation Act, 2017

Chapter-12
Provisions Relating to District Assembly

92. Functions, Duties, and Powers of District Assembly: (1) Until otherwise provided by Provincial law, in addition to the functions, duties, and powers mentioned in Article 220(7) of the Constitution, the other functions, duties, and powers of the District Assembly shall be as follows: -
(a) To coordinate for identifying and managing development and construction matters between Rural Municipalities or Municipalities within the district,
(b) To prepare details of development and construction-related programs conducted by the government and non-government sectors within the district, monitor the effectiveness and management of such programs at various stages, provide necessary suggestions or guidance to maintain sectoral or community-based, thematic, and environmental balance regarding the outcomes of such programs, and make public the suggestions or guidance so given,
(c) To coordinate with the Province and the Federation for the capacity development of Rural Municipalities and Municipalities within the district,
(d) To coordinate between federal or provincial government offices located in the district and Rural Municipalities and Municipalities,
(e) To coordinate and facilitate the resolution of any dispute that arises between Rural Municipalities and Municipalities within the district,
(f) To coordinate plans and actions related to natural disaster and disaster management within the district,
(g) To coordinate with non-governmental organizations and the private sector to maintain balance in development and construction-related work within the district,
(h) To study, research, and monitor whether there is balance in development and construction-related

(a) Property including land, buildings, vehicles, machinery, and equipment owned by the District Assembly or purchased or constructed from the District Assembly's fund,

(b) Property acquired through transfer of title from the Government of Nepal, Provincial Government, or any organization or individual.

(2) The District Assembly shall not sell or otherwise transfer title of property referred to in sub-section (1) without the approval of the Government of Nepal.

(3) Notwithstanding anything contained elsewhere in this section, nothing shall prevent the Ministry from making available for use or transferring title of any property that appears to be surplus to the requirements of the District Assembly or is recommended by the District Assembly to any Rural Municipality or Municipality or other government body. Provided that, while transferring title of land or buildings, a decision must have been made by the Government of Nepal. Chapter-14

Provisions Relating to Special, Protected or Autonomous Areas

99.
Local Government Operation Act, 2017

Provided that, while transferring title of land or buildings, a decision must have been made by the Government of Nepal. Chapter-14

Provisions Relating to Special, Protected or Autonomous Areas

99. Power to create Special, Protected or Autonomous Areas: (1) The Government of Nepal may, in consultation with the Provincial Government, by publishing a notice in the Nepal Gazette, designate any of the following areas as a Special, Protected or Autonomous Area for social, cultural preservation or economic development:

(a) One or more districts,
(b) One or more Rural Municipalities or Municipalities,
(c) One or more wards of a Rural Municipality or Municipality.

(2) While designating a Special, Protected or Autonomous Area pursuant to sub-section (1), the following bases must be considered:

(a) For a Special Area:
(1) Being geographically remote due to lack of transportation and infrastructure,
(2) The percentage of population below the poverty line and income inequality being higher than the national average,
(3) Predominance of economically and socially backward communities,
(4) Any other basis deemed appropriate by the Government of Nepal.

(b) For a Protected Area:
(1) Inhabited by minority, marginalized, or endangered communities,
(2) The social and economic development index of the community referred to in sub-clause (1) being lower than the national average,
(3) Any other basis deemed appropriate by the Government of Nepal.

(c) For an Autonomous Area:
(1) Dense presence and predominance of a community with a common language or culture,
(2) The social and economic development index of the community referred to in sub-clause (1) being lower than the national average,
(3) Any other basis deemed appropriate by the Government of Nepal. 100. Power to conduct Special Programs: The Government of Nepal and the Provincial Government shall conduct special programs or provide additional budget for the development of a Special, Protected, or Autonomous Area designated pursuant to Section 99. 101. Implementation of Special Programs in coordination with Local Level: The Government of Nepal and the Provincial Government shall coordinate with the concerned District Assembly, Rural Municipality, and Municipality while conducting special programs in a Special, Protected, or Autonomous Area. Chapter-15

Miscellaneous

102.
Local Government Operation Act, 2017

101. Implementation of Special Programs in coordination with Local Level: The Government of Nepal and the Provincial Government shall coordinate with the concerned District Assembly, Rural Municipality, and Municipality while conducting special programs in a Special, Protected, or Autonomous Area. Chapter-15

Miscellaneous

102. Power to make Local Laws: (1) A Rural Municipality or Municipality may enact Acts on matters within its jurisdiction.
(2) Subject to the Act made pursuant to sub-section (1), the Executive may make rules, directives, procedures, and standards as necessary.
(3) Laws made by a Rural Municipality or Municipality pursuant to sub-sections (1) and (2) must be published in the local gazette.
(4) Laws made pursuant to sub-sections (1) and (2) must be sent by the Rural Municipality or Municipality to the Provincial Government and the Government of Nepal.
(5) No law shall come into effect until such law is published pursuant to sub-section (3). 103. Power to Recommend: Unless a specific body is designated by prevailing law for making a recommendation on a particular matter, the Executive shall have the authority to make recommendations on any other matters. 104. Transfer of Assets, Liabilities, and Budget: Based on the rights vested in Rural Municipalities and Municipalities under the Constitution and this Act, the concerned line ministries of the Government of Nepal shall, within six months from the date of commencement of this Act, review the organizational structure of entities under them and make necessary arrangements so that the assets, liabilities, and budget held in the name of the concerned entity are transferred to the concerned Rural Municipality or Municipality according to its assigned responsibilities. 105.
Local Government Operation Act, 2017

105. Provincial Coordination Council: (1) There shall be a Provincial Coordination Council to maintain coordination between the Province and Local Level on matters relating to policy coherence in activities undertaken by the Province and Local Level, strategic partnership in plan management, exercise of concurrent powers, and utilization and distribution of natural resources.
(2) The Council referred to in sub-section (1) shall consist of the following office bearers:
(a) Chief Minister - Coordinator
(b) Ministers of the Provincial Government - Members
(c) Chief Secretary of the Province - Member
(d) Secretaries of the Provincial Government - Members
(e) Chairperson and Vice-Chairperson of District Coordination Committees within the Province - Members
(f) Chairperson and Vice-Chairperson of Rural Municipalities and Mayor and Deputy Mayor of Municipalities within the Province - Members
(g) Secretary of the Ministry of the Provincial Government dealing with Local Level - Member Secretary
(3) Officials from ministries and experts may be invited as observers to the committee referred to in sub-section (2).
(4) The meeting of the Council referred to in sub-section (2) shall be held at least once a year.
(5) The procedures relating to the meeting of the Council referred to in sub-section (2) shall be as determined by the Council itself. 106.
Local Government Operation Act, 2017

106. Obligation to Provide Assistance: (1) The Government of Nepal and the Provincial Government shall provide assistance to Rural Municipalities or Municipalities as follows:
(a) Provide guidance including the budget ceiling of the Federal Government and Provincial Government and national and provincial priorities and standards before the commencement of the annual planning and budgeting process of the Rural Municipality or Municipality,
(b) Abolish parallel offices related to matters within the jurisdiction of the Rural Municipality or Municipality and develop the capacity of the thematic unit or branch of the Rural Municipality or Municipality,
(c) Implement plans falling within the jurisdiction of line ministries and to be executed in a Rural Municipality or Municipality in coordination with that Rural Municipality or Municipality,
(d) If it appears more effective to implement any plan falling within the jurisdiction of the Government of Nepal or Provincial Government through a Rural Municipality or Municipality, make arrangements for implementation by or through the Rural Municipality or Municipality and make available the budget and other resources allocated for such plan to that Rural Municipality or Municipality,
(e) Prepare and provide necessary model law frameworks for Rural Municipalities and Municipalities by the Government of Nepal,
(f) Provide assistance in implementing the decisions of the Rural Municipality or Municipality,
(g) Perform other necessary tasks to empower the Rural Municipality or Municipality.
(2) The Government of Nepal and the Provincial Government shall provide necessary assistance to the District Coordination Committee to work on matters related to its jurisdiction. 107. Provision Relating to By-election of Ward Chairperson: If the post of Ward Chairperson falls vacant for any reason when the term of office exceeds one year, the vacant post shall be filled for the remaining term through a by-election. 108. Provision Relating to Election of District Coordination Committee: If the post of Chairperson, Vice-Chairperson, or member of the District Coordination Committee falls vacant pursuant to Article 220 (6) of the Constitution, it shall be filled through an election held pursuant to sub-article (3) of the same article. 109.
Local Government Operation Act, 2017

108. Provision Relating to Election of District Coordination Committee: If the post of Chairperson, Vice-Chairperson, or member of the District Coordination Committee falls vacant pursuant to Article 220 (6) of the Constitution, it shall be filled through an election held pursuant to sub-article (3) of the same article. 109. Oath: (1) The Chairperson or Mayor shall, within seven days of being elected and before assuming office, take an oath of office and secrecy before the concerned District Judge in the format as per Schedule-2.
(2) The Vice-Chairperson, Deputy Mayor, Ward Chairperson, and members of the Assembly shall, within seven days of the Chairperson or Mayor taking the oath, take an oath of office and secrecy before the concerned Chairperson or Mayor in the format as per Schedule-2.
(3) The Chairperson of the District Coordination Committee shall, within seven days of being elected and before assuming office, take an oath of office and secrecy before the concerned District Judge, and the Vice-Chairperson and members of the District Coordination Committee shall, within seven days of the Chairperson of the District Coordination Committee taking the oath, take an oath of office and secrecy before the concerned Chairperson of the District Coordination Committee in the format as per Schedule-2. 110. Submission of Property Details: (1) A member shall, within sixty days of assuming office and within sixty days from the end of each fiscal year, submit an updated details, including the source or evidence, of movable and immovable property held in the name of the member and the member's family members to the concerned Local Level in the format prescribed by prevailing law.
(2) The Local Level shall keep a record of the property details submitted pursuant to sub-section (1) and forward it to the Provincial Government within thirty days.
(3) The Provincial Government shall preserve and manage the details received pursuant to sub-section (2) in accordance with prevailing law.
(4) Property details submitted pursuant to this section shall remain confidential except for the purpose of inquiry or investigation as per prevailing law. Provided that, there shall be no bar for a member submitting such details to voluntarily make their property details public. 111. Proportional Inclusiveness to be Maintained: While appointing or nominating committees, sub-committees, or task forces formed pursuant to this Act, proportional inclusiveness must be maintained. 112.
Local Government Operation Act, 2017

Provided that, there shall be no bar for a member submitting such details to voluntarily make their property details public. 111. Proportional Inclusiveness to be Maintained: While appointing or nominating committees, sub-committees, or task forces formed pursuant to this Act, proportional inclusiveness must be maintained. 112. Code of Conduct to be Formulated and Implemented: (1) A Local Level may formulate and implement a code of conduct for its members and employees.
(2) The code of conduct referred to in sub-section (1) shall, in addition to other matters, include matters such as not participating in decision-making processes where personal interest or benefit is involved, adopting transparent and accountable working procedures, prohibiting misuse of public property, promoting public etiquette and good governance, respecting the working procedures and jurisdiction of other Local Levels, the Province, and the Federation. 113. Acts not to be Invalidated: Notwithstanding anything contained elsewhere in this Act, no act done by a Rural Municipality or Municipality shall be invalidated solely on the ground of a vacancy in the seat of any member in the Rural Municipality or Municipality. 114. Obligation to Follow Directives: It shall be the duty of the concerned Local Level to follow the directives given by the Government of Nepal pursuant to Article 232 (8) of the Constitution. 115. Executive to Exercise Powers: Except where this Act expressly provides that an act shall be done by the Assembly, the Executive shall carry out the functions performed by the Rural Municipality or Municipality. 116. Power to Act as Acting: (1) If the post of Ward Chairperson falls vacant for any reason, a member selected from among themselves by the members of the Ward Committee shall act as the Acting Ward Chairperson.
(2) If an election has not been held for a ward, the Executive may designate an employee to perform the functions of Ward Chairperson until the election is held. 117. Liaison Ministry: (1) A Local Level shall liaise with the Government of Nepal through the Ministry.
(2) A Local Level shall liaise with the Provincial Government through the Ministry of the Province dealing with Local Level. 118. Functions of Provincial Government to be Performed by Government of Nepal: Until the Provincial Government is formed, the Government of Nepal shall perform the functions to be performed by the Provincial Government under this Act. 119. Power to make Rules: The Government of Nepal may make necessary Rules for the implementation of this Act. 120. Prevailing under this Act: Notwithstanding anything contained in prevailing law, matters provided for in this Act shall be governed by this Act. 121.
Local Government Operation Act, 2017

119. Power to make Rules: The Government of Nepal may make necessary Rules for the implementation of this Act. 120. Prevailing under this Act: Notwithstanding anything contained in prevailing law, matters provided for in this Act shall be governed by this Act. 121. Repeal and Saving: (1) The following Acts are hereby repealed:
(a) Local Self-Governance Act, 2055 (1999),
(b) Act to Determine the Number of Wards of Rural Municipalities and Municipalities, 2073 (2017).
(2) Acts done under the Acts referred to in sub-section (1) shall be deemed to have been done under this Act. Schedule-1
(Relating to sub-clause (1) of clause (a) of sub-section (1) of Section 8)

Details of Himalayan, Hilly, Inner Madhesh and Terai Districts

 (a) Himalayan Districts (b) Hilly Districts (c) Inner Madhesh Districts (d) Terai Districts (e) Kathmandu Valley Districts

 1. Taplejung 1. Panchthar 1. Udayapur 1. Jhapa 1. Kathmandu
 2. Sankhuwasabha 2. Ilam 2. Makwanpur 2. Morang 2. Lalitpur
 3. Solukhumbu 3. Tehrathum 3. Chitwan 3. Sunsari 3. Bhaktapur
 4. Dolakha 4. Dhankuta 4. Sindhuli 4. Saptari
 5. Sindhupalchok 5. Bhojpur 5. Nawalparasi (Bardaghat Susta East) 5. Siraha
 6. Rasuwa 6. Okhaldhunga 6. Dang 6. Dhanusha
 7. Manang 7. Khotang 7. Surkhet 7. Mahottari
 8. Mustang 8. Kavrepalanchok 8. Sarlahi
 9. Dolpa 9. Nuwakot 9. Rautahat
 10. Jumla 10. Lamjung 10. Bara
 11. Mugu 11. Tanahun 11. Parsa
 12. Humla 12. Kaski 12. Nawalparasi (Bardaghat Susta West)
 13. Kalikot 13. Syangja 13. Rupandehi
 14. Bajura 14. Parbat 14. Kapilvastu
 15. Bajhang 15. Myagdi 15. Banke
 16. Darchula 16. Baglung 16. Bardiya
 17. Dhading 17. Palpa 17. Kailali
 18. Ramechhap 18. Arghakhanchi 18. Kanchanpur
 19. Gorkha 19. Gulmi
 20. Rukum (East) 20. Rukum (West)
 21. Rolpa
 22. Pyuthan
 23. Salyan
 24. Jajarkot
 25. Dailekh
 26. Doti
 27. Achham
 28. Baitadi
 29. Dadeldhura

Schedule-2
(Relating to Section 109)

Format for Taking Oath

I, , do solemnly pledge to be fully loyal to the nation and the people, and swear in the name of God/country and the people that, being fully loyal to the Constitution of Nepal which vests the sovereignty and state authority of Nepal in the Nepali people, I will discharge the duties of the office of Chairperson/Vice-Chairperson/Member of the Rural Executive, Member of the Rural Assembly, Mayor/Deputy Mayor/Member of the Municipal Executive, Member of the Municipal Assembly, Chairperson/Vice-Chairperson/Member of the District Coordination Committee, Member of the District Assembly, subject to the prevailing law, in accordance with the will of the people of the country, without fear, favor, prejudice, or ill will, maintaining the confidentiality of the office, with honesty and sincerity. Name:
Date:
Signature:
Remuneration, Facilities and Other Conditions of Service of Chief Justice and Judges of Supreme Court Act, 2017

Act Relating to Remuneration, Facilities and Other Conditions of Service of the Chief Justice and Judges of the Supreme Court, 2074 (2017)

Date of Authentication and Publication
2074.06.29 (October 16, 2017)

Amending Act

1. Some Nepal Acts Amendment Act, 2075 (2018) 2075.11.19 (March 3, 2019)

Act Number 28 of the year 2074 (2017)

An Act Made to Provide for the Remuneration, Facilities and Other Conditions of Service of the Chief Justice and Judges of the Supreme Court

Preamble: Whereas, it is desirable to amend and consolidate the prevailing law relating to the remuneration, facilities and other conditions of service of the Chief Justice of Nepal and the Judges of the Supreme Court,

Now, therefore, the Legislature-Parliament, in accordance with clause (1) of Article 216 of the Constitution of Nepal, has enacted this Act. 1. Short Title and Commencement: (1) This Act may be cited as the "Act Relating to Remuneration, Facilities and Other Conditions of Service of the Chief Justice and Judges of the Supreme Court, 2074 (2017)."

(2) This Act shall come into force immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Judge" means a Judge of the Supreme Court.

(b) "Chief Justice" means the Chief Justice of Nepal, and the said term also denotes the Acting Chief Justice.

(c) "Supreme Court" means the Supreme Court established pursuant to Article 128 of the Constitution.

(d) "Constitution" means the Constitution of Nepal. 3. Remuneration: (1) The Chief Justice and Judges shall receive the remuneration and allowances as mentioned in Schedule-1.

(2) If the Chief Justice or a Judge is retired from office in any circumstance other than the situation referred to in clause (2) of Article 101 of the Constitution, he/she shall be given an amount equal to one month's remuneration as an additional facility. 4. Provident Fund: Ten percent of the monthly remuneration of the Chief Justice and Judges shall be deducted, and the Government of Nepal shall add an equal amount (one hundred percent) to such deducted amount and deposit it in the Employees' Provident Fund. 5.
Remuneration, Facilities and Other Conditions of Service of Chief Justice and Judges of Supreme Court Act, 2017

4. Provident Fund: Ten percent of the monthly remuneration of the Chief Justice and Judges shall be deducted, and the Government of Nepal shall add an equal amount (one hundred percent) to such deducted amount and deposit it in the Employees' Provident Fund. 5. Residence Facility: (1) The Government of Nepal shall arrange a government house for the residence of the Chief Justice and Judges.

(2) The repair and maintenance of the house pursuant to sub-section (1) shall be carried out by the Government of Nepal.

(3) If a government house cannot be arranged pursuant to sub-section (1), the Government of Nepal shall provide a suitable house on rent, including a guard house and private secretariat, for the Chief Justice.

(4) A Judge who does not have his/her own house in the Kathmandu Valley shall be given an amount as mentioned in Schedule-1 in lieu of residence facility.

(5) The Government of Nepal shall arrange suitable furniture for the residence arranged pursuant to sub-section (1) or (3) and for the private secretariat of the Chief Justice.

(6) A Judge residing in his/her own house shall be given an amount as mentioned in Schedule-1 for repair and maintenance.

(7) A Judge residing in a rented house shall be given, once a year, an amount equal to half of his/her monthly remuneration drawn for repair and maintenance.

(8) The facility receivable pursuant to this section shall be provided to the Chief Justice and Judge for a period of seven days from the date of expiry of his/her term of office. 6. Electricity, Water and Telephone Facility: (1) The Government of Nepal shall bear the cost of installing electricity, water supply, internet and one telephone line at the residence of the Chief Justice, as well as the charges for such electricity, water, internet and telephone.

(2) The Government of Nepal shall bear the cost of installing internet and one telephone line at the residence of a Judge, and an amount as mentioned in Schedule-1 shall be given in lieu of charges for electricity, water, telephone and internet installed at such residence.

(3) The facility in lieu of charges pursuant to sub-section (2) shall also be receivable by a Judge residing in his/her own house. 7.
Remuneration, Facilities and Other Conditions of Service of Chief Justice and Judges of Supreme Court Act, 2017

7. Vehicle and Fuel Facility: (1) The Chief Justice and Judges shall be provided with one government vehicle for transportation and fuel and lubricant as mentioned in Schedule-1.

(2) Regular repair, maintenance and servicing of the government vehicle provided pursuant to sub-section (1) shall be arranged.

(3) No bill or receipt need be submitted for the vehicle fuel and lubricant provided pursuant to sub-section (1).

(4) The vehicle provided to the Chief Justice and Judge pursuant to sub-section (1) shall be used until the retirement of the Chief Justice or Judge, provided that the period from the date of purchase of such vehicle shall not exceed twelve years.

(5) The facility pursuant to sub-section (1) shall be provided to the Chief Justice and Judge for a period of seven days from the date of expiry of his/her term of office.

(6) If the Chief Justice or Judge who is using the vehicle pursuant to sub-section (4) wishes to purchase and take the vehicle upon retirement, the vehicle shall be transferred to him/her upon taking the book value of such vehicle.

(7) While determining the book value of the vehicle pursuant to sub-section (6), the value shall not be less than ten percent of the purchase price of such vehicle.

(8) The Chief Justice or Judge wishing to purchase and take the vehicle being used by him/her pursuant to sub-section (6) upon retirement shall give written notice thereof to the Supreme Court at least six months prior to the date of retirement. Provided that, if the period remaining for the retirement of the Chief Justice or Judge serving at the commencement of this Act is less than six months, there shall be no bar to giving such notice prior to retirement. 8.
Remuneration, Facilities and Other Conditions of Service of Chief Justice and Judges of Supreme Court Act, 2017

Provided that, if the period remaining for the retirement of the Chief Justice or Judge serving at the commencement of this Act is less than six months, there shall be no bar to giving such notice prior to retirement. 8. Daily and Travel Expenses: (1) When the Chief Justice or Judge travels within Nepal on official business, he/she shall receive daily and travel expenses in accordance with the prevailing law relating to travel expenses.

(2) When the Chief Justice or Judge travels to a foreign country on official business upon the invitation of a foreign country, the United Nations or its specialized agency, or the South Asian Association for Regional Cooperation (SAARC), or pursuant to a decision of the Government of Nepal, if he/she has to make his/her own arrangements for food and accommodation, he/she shall receive daily and travel expenses in accordance with the prevailing law relating to travel expenses.

(3) When the Chief Justice or Judge travels as a guest of a foreign country or organization upon the invitation of a foreign country, the United Nations or its specialized agency, or the South Asian Association for Regional Cooperation (SAARC), and only accommodation is arranged, he/she shall receive, for the period of stay in such country, an amount equal to half of the amount receivable pursuant to sub-section (2) as daily and travel allowance.

(4) When the Chief Justice or Judge goes on a foreign trip pursuant to sub-section (2) or (3), if the host organization or the concerned foreign country provides hospitality by arranging food and accommodation but does not provide pocket expenses, he/she shall receive only one-fourth of the amount receivable pursuant to sub-section (2) as pocket expenses.

(5) Notwithstanding anything contained in sub-sections (2), (3) and (4), if the host organization or the concerned foreign country provides daily and travel allowance during a foreign trip, the daily and travel allowance or pocket expenses pursuant to this section shall not be provided.

(6) The Chief Justice and Judges who have not had the opportunity for a foreign trip even once in two years shall, upon the recommendation of the Supreme Court, be arranged by the Government of Nepal for a foreign trip for purposes related to judicial administration, and the expenses required for this purpose shall be provided by the Government of Nepal.

(7) Notwithstanding anything contained elsewhere in this Act, the Chief Justice and Judge shall not make a foreign trip upon the invitation of a domestic or foreign non-governmental organization. 9. Clothing Allowance: The Chief Justice or Judge shall be given an amount as mentioned in Schedule-1 as clothing allowance at the end of the month of Chaitra each year. 10.
Remuneration, Facilities and Other Conditions of Service of Chief Justice and Judges of Supreme Court Act, 2017

9. Clothing Allowance: The Chief Justice or Judge shall be given an amount as mentioned in Schedule-1 as clothing allowance at the end of the month of Chaitra each year. 10. Leader's Allowance: When the Chief Justice and Judge travels to a foreign country as the leader of a delegation representing Nepal, he/she shall receive an additional fifty percent of the daily allowance receivable by him/her as leader's allowance. 11. Arrangement of Security and Driver: (1) The Government of Nepal shall arrange security personnel as mentioned in Schedule-2 for the security of the Chief Justice and Judges.

(2) The Government of Nepal shall arrange drivers as mentioned in Schedule-2 for driving the vehicles of the Chief Justice and Judges. 12. Contingent Expenses: (1) When the Chief Justice or Judge travels within Nepal on work related to his/her office, he/she shall receive, up to a maximum of two times a year, an amount as mentioned in Schedule-1 as contingent expenses for each time.

(2) When the Chief Justice or Judge goes outside Nepal to participate in international conferences, seminars, etc., upon the invitation of a foreign country, the United Nations or its specialized agency, or the South Asian Association for Regional Cooperation (SAARC), or pursuant to a decision of the Government of Nepal, he/she shall receive contingent expenses as determined by the Government of Nepal.

(3) No bill or receipt need be submitted for expenses pursuant to sub-sections (1) and (2). 13. Arrangement of Private Secretariat and Staff: (1) The Chief Justice shall receive staff facilities as mentioned in Schedule-2 for the private secretariat at his/her residence for the duration of his/her term.

(2) The Chief Justice shall be provided with goods as mentioned in Schedule-2 for his/her private secretariat, and the goods so provided shall be returned by the Chief Justice to the Supreme Court within one week after the expiry of his/her term.

(3) For the private secretariat, an amount as mentioned in Schedule-2 shall be provided to the Chief Justice for stationery and hospitality. 14. Permission to Recruit an Attendant: A Judge may, for the duration of his/her tenure in office, recruit one office attendant of the first level without rank for work at the residence, and the Government of Nepal shall bear the remuneration of such attendant. 15.