Part-17 Local Executive

Part-17 Local Executive

Local Executive
214. Executive power of Local Level:

(1) The executive power of the Local Level
shall, pursuant to this Constitution and the Federal law, be vested in the Village
Executive or the Municipal Executive.

(2) The local executive power shall be as mentioned in Schedule-8 and
Schedule-9.

(3) The responsibility for issuing general directives, controlling and
regulating the governance of the Village Body and the Municipality shall, subject
to this Constitution and other laws, lie in the Village Executive and the Municipal
Executive.

(4) The executive functions of the Village Body and the Municipality
shall be performed in the name of the Village Executive and the Municipal
Executive.

(5) Any decision or order to be issued in the name of the Village
Executive and the Municipal Executive pursuant to clause (4) and other
instruments of authorization pertaining thereto shall be authenticated as provided
for in the Local law.

215. Provisions relating to Chairperson and Vice-Chairperson of Village
Executive:

(1) There shall be a Chairperson of Village Executive in each Village
Body. The Village Executive shall be formed under his or her chairpersonship.

(2) The Village Executive under clause (1) shall consist of one ViceChairperson,
Ward Chairperson elected from each Ward and members elected
pursuant to clause (4).

(3) The Chairperson and the Vice-Chairperson shall be elected by the
voters residing within the concerned Village Body area by secret ballots on the
basis of one person one vote, in accordance with the first past the post electoral
system.

Explanation: For the purposes of this Article, “Chairperson” and “ViceChairperson”
mean the Chairperson and the Vice-Chairperson of the Village
Executive.

(4) The members of the Village Executive shall also include four women
members elected by the members of the Village Assembly from amongst
themselves and two members elected by the Village Assembly from the Dalit or
minority communities, in possession of the qualification under clause (5), no later
than fifteen days after the final results of the election to the Village Assembly
under Article 222.

(5) A person who has the following qualification shall be qualified to be
elected to the office of the Chairperson, Vice-Chairperson, Ward Chairperson and
member:

(a) being a citizen of Nepal,
(b) having completed the age of twenty one years,
(c) being a voter whose name is included in the electoral rolls of
the Village Body,
(d) not being disqualified by any law.

(6) The term of office of the Chairperson, Vice-Chairperson, Ward
Chairperson and member shall be five years after the date of being elected.

(7) A person who has been elected as the Chairperson for two terms
shall not be eligible to be a candidate in an election to the Village Body.

(8) The office of the Chairperson, Vice-Chairperson, Ward Chairperson
or member shall become vacant in any of the following circumstances:
(a) if the Chairperson tenders resignation in writing to the ViceChairperson,
and if the Vice-Chairperson tenders resignation
before the Chairperson,

(b) if his or her term of office expires,
(c) if he or she dies.

(9) If the seat falls vacant under clause (7) while the term of office of
the Chairperson or Vice-Chairperson still remains for more than one year, the
vacancy shall be filled through by-election for the remainder of term.

216. Provisions relating to Mayor and Deputy Mayor of Municipal Executive:

(1)Each Municipality shall have a Mayor. The Municipal Executive shall be formed
under his or her chairpersonship.

(2) The Municipal Executive under clause (1) shall consist of one
Deputy Mayor, Ward Chairperson elected from each Ward and members elected
pursuant to clause (4).

(3) The Mayor and the Deputy Mayor shall be elected by the voters
residing within the concerned Municipal area by secret ballots on the basis of one
person one vote, in accordance with the first past the post electoral system.
Explanation: For the purposes of this Article, “Mayor” and “Deputy Mayor” mean
the Mayor and the Deputy Mayor of the Municipal Executive.

(4) The members of the Municipal Executive shall also include five
women members elected by the members of the Municipal Assembly from
amongst themselves and three members elected by the Municipal Assembly from
the Dalit or minority communities, in possession of the qualification under clause.

(5), no later than fifteen days after the final results of the election to the Municipal
Assembly under Article 223.

(5) A person who has the following qualification shall be qualified to be
elected to the office of the Mayor, Deputy Mayor, Ward Chairperson and member:
(a) being a citizen of Nepal,

(b) having completed the age of twenty one years,

(c) being a voter whose name is included in the electoral rolls of
the Municipality,
(d) not being disqualified by any law.

(6) The term of office of the Mayor, Deputy Mayor, Ward Chairperson
and member shall be five years after the date of being elected.

(7) A person who has been elected as the Mayor for two terms shall not
be eligible to be a candidate in an election to the Municipality.

(8) The office of the Mayor, Deputy Mayor, Ward Chairperson or
Member shall become vacant in any of the following circumstances:

(a) if the Mayor tenders resignation in writing to the Deputy
Mayor, and if the Deputy Mayor tenders resignation in
writing before the Mayor,
(b) if his or her term of office expires,
(c) if he or she dies.

(9) If the seat falls vacant under clause (8) while the term of office of
the Mayor or Deputy Mayor still remains for more than one year, the vacancy
shall be filled through by-election for the remainder of term.

217. Judicial Committee:

(1) There shall be a three-member judicial committee to be
coordinated by its Vice-Chairperson in the case of a Village Body and by its
Deputy Mayor in the case of a Municipality, in order to settle disputes under their
respective jurisdictions in accordance with law.

(2) The judicial committee under clause (1) shall consist of two
members elected by the members of the Village Assembly or the Municipal
Assembly from amongst themselves.

218. Conduct of business of Village Executive and Municipal Executive: Allocation
and conduct of business of the Village Executive and the Municipal Executive
shall be carried out in accordance with the rules approved by the Village Executive
and the Municipal Executive, respectively.

219. Other provisions relating to Local Level Executive: Other provisions relating to
the Local Level Executive, except those contained in this Part, shall be as provided
for in the Federal law, subject to this Constitution.

220. District Assembly and District Coordination Committee:

(1) There shall be a
District Assembly to make coordination between the Village Bodies and
Municipalities within the district.

(2) The District Assembly shall consist of Chairpersons and ViceChairpersons
of Village Executives, and Mayors and Deputy Mayors of Municipal
Executives within the district. The first meeting of the District Assembly shall be
held no later than thirty days of the date of final results of the election to the
Village Assemblies and the Municipal Assemblies.

(3) The District Assembly shall elect the District Coordination
Committee consisting of a maximum of nine Members including one Chief, one
Deputy Chief, at least three women and at least one Dalit or minority. The District
Coordination Committee shall discharge all functions required to be discharged by
the District Assembly.

(4) A Member of a Village Assembly or Municipal Assembly within the
concerned district shall be eligible to be a candidate for the office of Chief, Deputy
Chief or Member of the District Coordination Committee. If elected to the office
of Chief, Deputy Chief or Member of the District Coordination Committee, his or
her office of Member of Village Assembly or of Municipal Assembly shall ipso
facto lapse.

(5) The term of office of the Chief, Deputy Chief and member of the
District Coordination Committee shall be five years after the date of being elected.

(6) The office of the Chief, Deputy Chief and member of the District
Coordination Committee shall become vacant in any of the following
circumstances.

(a) if the Chief tenders resignation in writing before the Deputy
Chief, and if the Deputy Chief or member tenders resignation
in writing before the Chief,
(b) if his or her term of office expires,
(c) if he or she dies.

(7) The functions, duties and powers of the District Assembly shall be as
follows:
(a) to make coordination between the Village Bodies and Municipalities
within the district,
(b) to monitor development and construction works to make balance of
such works,
(c) to make coordination between the Federal and the State Government
offices and Village Bodies and Municipalities in the district,
(d) to perform other functions as provided for in the State law.

(8) Provisions relating to the conduct of the District Assembly, facilities
of Members of the District Coordination Committee and other matters relating to
the District Assembly shall be as provided for in the State law.