PART- 17 - Local Executive

By Nepalko on April 09, 2017

  1. (214) Executive power of local:
    1. The local executive power shall, subject to this Constitution and other laws, be vested in the Village executive or Town executive.
    2. The local executive power shall, subject to this Constitution, remain limited to the subjects mentioned in the local level/level competencies in Schedule-7.
    3. The responsibility for issuing general directives, controlling and regulating the administration of Village Council and Municipality shall, subject to this Constitution and other laws, lie in the Village executive and Town executive.
    4. The executive functions of the Village Council and Municipality shall be exercised in the name of Village executive and Town executive.
    5. Any decision or order or implementation warrant to be issued in the name of the Village executive and Town executive, pursuant to Clause (4) above, shall be authenticated as prescribed by law.
  2. (215) Provisions related to Head and Deputy Head of Village Executive: 
    1. There shall be a Head of Village executive in every Village Council. The Village executive shall be formed under her/his chairpersonship.
    2. The Village executive, pursuant to Clause (1), shall have a Deputy Head and ward chairpersons elected from each ward and members elected as per clause (4) below.
    3. The election of the Head and Deputy Head shall be held through secret ballot based on one person one vote according to the the first-past-the-post electoral system by the voters of the concerned village council area.
      Explanation: For the purpose of this Article, "Head and Deputy Head" shall mean the Head and Deputy Head of the Village executive.
    4. Four women members that are elected by the Village Assembly members from among themselves and two persons elected from the Dalit or minority community with qualifications pursuant to Clause (5) below shall also be members of the Village executive and this election shall be held within 15 days following the final result of the election of Village Assembly as per Article 222.
    5. Any person with the following qualifications shall be eligible for election to the post of Head, Deputy Head, ward chairperson and member:
      1. be a Nepali citizen,
      2. have attained twenty-one years of age,
      3. is included in the voters list of the Village council,
      4. is not ineligible by any law.
    6. The term of office of the Head, Deputy Head, ward chairperson and Village executive members shall be of five years
    7. Any person who has been elected to the post of the Head for two terms shall not be eligible to become a candidate in the subsequent Village municipality elections
    8. The post of the Head, Deputy Head, ward chairperson or member shall fall vacant under following conditions:-
      1. if the Head tenders her/his resignation before the Deputy Head and the Deputy Head before the Head,
      2. if her/his term comes to an end, or
      3. if she/he dies
    9. In case the post of Head or Deputy Head falls vacant as per Clause (8) with more than one year of the term left, the vacant post for the remaining term shall be filled through by-elections.
  3. (216) Provisions related to Mayor and Deputy Mayor of Municipality:
    1. There shall be a Mayor of the Municipal Executive in every municipality. The municipal executive shall be formed under her/his chair.
    2. The Municipal Executive, pursuant to Clause (1), shall have a Deputy Mayor, ward chairperson elected from each ward and members elected as per clause (4) below.
    3. The election of the Mayor and Deputy Mayor shall be held through secret ballot based on one person one vote according to the first-past-the-post electoral system by the voters of the concerned municipal council area.
      Explanation: For the purpose of this Article, "Mayor and Deputy Mayor" shall mean the Head and Deputy Head of the Municipal executive.
    4. Five women members that are elected by the Municipal Assembly members from among themselves and three persons elected from the Dalit or minority community with qualifications pursuant to Clause (5) below shall also be members of the Municipal executive and this election shall be held within 15 days following the final result of the election of Municipal Assembly as per Article 223
    5. Any person with the following qualifications shall be eligible for election to the post of Head, Deputy Head, ward chairperson and members:
      1. be a Nepali citizen,
      2. have attained twenty-one years of age,
      3. is included in the voters list of the Municipality,
      4. is not ineligible by any law
    6. The term of office of the Head, Deputy Head, ward chairperson and Municipal executive members shall be of five years.
    7. Any person who has been elected to the post of the Mayor for two terms shall not be eligible to become a candidate in the subsequent municipality elections.
    8. The post of the Head, Deputy Head, ward chairperson or members shall fall vacant under following conditions:-
      1. if the Head tenders her/his resignation before the Deputy Head and the Deputy Head before the Head,
      2. if her/his term comes to an end, or
      3. if she/he dies.
    9. In case the post of Head and Deputy Head falls vacant as per Clause (8) with more than one year of the term left, the vacant post for the remaining period shall be filled through by-elections.
  4. (217) Judicial Committee: 
    1. There shall be a Judicial Committee under the Convenorship of the Deputy Head of the Village Executive in every Village Council and under the Convenorship of the Deputy Mayor of the Municipality in every Municipality to exercise power to hear cases, as entrusted to the Village Council or Municipality pursuant to Federal and Provincial laws.
    2. The Judicial Committee, pursuant to Clause (1), shall have two members designated by the Head of Village Executive in case of Village Council and two members designated by the Mayor of the Municipal executive in case of a Municipality.
  5. (218) Conduct of business of Village Executive and Municipal Executive: The allocation and transaction of business of the Village Executive and Municipal Executive shall be carried out as set forth in rules approved by the Village Executive and Municipal Executive.
  6. (219) Other provisions related to local level executive: Other provisions relating to the local level executive other than those written in this part shall be as provided for in the laws drafted, in pursuant to this Constitution, by the Federal Parliament.
  7. (220) District Assembly and District Co-ordination Committee: 
    1. There shall be a District Assembly, as provided in the law, for coordination and essential management among the Village Municipalities and Municipalities within the District.
    2. Head of every Village executive and Mayor of every Municipal executive within the district shall be members in the District Assembly. The first meeting of the District Assembly shall be held within thirty days of the announcement of the final results of the Village Assembly and Municipal Assembly elections.
    3. The District Assembly shall, pursuant to Provincial laws, elect a District Coordination Committee with a maximum of nine members including a Head, a Deputy Head, at least three women and at least one person from the Dalit or minority community. The District Coordination Committee shall execute all tasks to be carried out on behalf of the District Assembly.
    4. The members of the Village Assembly or Municipal Assembly within the district concerned shall be eligible to be a candidate for the post of Head, Deputy Head or member of the District Coordination Committee.
    5. The term of office of the Head, the Deputy Head and member of the District Coordination Committee shall be of five years.
    6. The post of the Head or Deputy Head or member of the District Coordination Committee shall fall vacant under following conditions:-
      1. if the Head tenders her/his resignation before the Deputy Head and the Deputy Head or member tenders her/his resignation before the Head,
      2. if her/his term comes to an end, or
      3. if she/he dies.
    7. The function, duties and powers of the District Assembly shall be as follows:
      1. to coordinate among the Village Municipalities and Municipalities and Province within the District,
      2. to carry out monitoring so as maintain balance in development and construction works,
      3. to maintain coordination among the Federal and Provincial government offices and Village Council and Municipality within the district,
      4. to perform other tasks as provided for in the Provincial law.
    8. The fiscal responsibility related to the operation of District Assembly and benefits received by members of District Coordination Committee shall be upon the Provincial Government.

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