State and Local

Local Executive

The local-level executive structure and responsibilities.

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Article 214. Executive Power of Local Level

(1)The executive power of the Local Level shall, in accordance with this Constitution and the federal law, be vested in the Rural Municipal Executive or the Municipal Executive.
(2)The local executive power shall be as referred to in Schedule-8 and

Schedule-9.

(3)The responsibility for issuing general directives, controlling and regulating the governance of the Rural Municipality and the Municipality shall, subject to this

Constitution and other laws, lie in the Rural Municipal Executive and the Municipal Executive.

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

Executive.

(5)Any decision or order to be issued in the name of the Rural Municipal

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.

Article 215. Provisions relating to Chairperson and Vice-Chairperson of Rural Municipal

Executive: (1) There shall be a Chairperson of Rural Municipal Executive in each Rural Municipality. The Rural Municipal Executive shall be formed under his or her chairpersonship.

(2)The Rural Municipal Executive referred to in clause (1) shall consist of one

Vice-Chairperson, 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 Rural Municipality area by secret ballots on the basis of one person one vote, in accordance with the first past the post electoral system. www.lawcommission.gov.np

Explanation: For the purposes of this Article, "Chairperson" and "Vice-Chairperson" mean the Chairperson and the Vice-Chairperson of the Rural Municipal Executive.

(4)The members of the Rural Municipal Executive shall also include four women members elected by the members of the Rural Municipal Assembly from amongst themselves and two members elected by the Rural Municipal Assembly from the Dalit or minority communities, having possessed the qualifications referred to in clause (5), within fifteen days after receipt of the final results of the election to the

Rural Municipal Assembly referred to in Article 222.

(5)A person who has the following qualifications shall be qualified to be elected to the office of the Chairperson, Vice-Chairperson, Ward Chairperson and member: -
(a)One who is a citizen of Nepal;
(b)One who has completed the age of twenty-one years;
(c)One whose name is included in the electoral rolls of the Rural Municipality;
(d)One who is not 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 Rural Municipality.
(8)The office of the Chairperson, Vice-Chairperson, Ward Chairperson or member shall fall vacant in any of the following circumstances: -
(a)In case the Chairperson tenders resignation in writing to the Vice- Chairperson, and in case the Vice-Chairperson tenders resignation to the Chairperson;
(b)In case his or her term of office expires;
(c)In case he or she dies.
(9)In case the seat falls vacant pursuant to clause (7) while the term of office of the Chairperson or Vice-Chairperson still remains for more than one year, the vacancy shall be fulfilled through by-election for the remaining term. www.lawcommission.gov.np

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

(1)There shall be a Mayor in each Municipality as Head of the Municipal Executive. The Municipal Executive shall be formed under his or her chairpersonship.
(2)The Municipal Executive referred to in 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 qualifications referred to in clause (5) within fifteen days after the final results of the election to the Municipal Assembly pursuant to Article 223.
(5)A person who has the following qualifications shall be qualified to be elected to the office of the Mayor, Deputy Mayor, Ward Chairperson and member:-
(a)One who is a citizen of Nepal;
(b)One who has completed the age of twenty-one years;
(c)One whose name is included in the electoral rolls of the Municipality;
(d)One who is not 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 fall vacant in any of the following circumstances:- www.lawcommission.gov.np
(a)In case the Mayor tenders resignation in writing to the Deputy Mayor, and in case the Deputy Mayor tenders resignation in writing to the Mayor;
(b)In case his or her term of office expires;
(c)In case he or she dies.
(9)In case the seat falls vacant pursuant to clause (8) while the term of office of the Mayor or Deputy Mayor still remains for more than one year, the vacancy shall be fulfilled through by-election for the remaining term of office.

Article 217. Judicial Committee

(1)There shall be a three-member judicial committee to be coordinated by its Vice-Chairperson in case of a Rural Municipality and by its Deputy Mayor in case of a Municipality, in order to settle disputes under their respective jurisdictions in accordance with law.
(2)The judicial committee referred to in clause (1) shall consist of two members elected by the members of the Rural Municipal Assembly or the Municipal

Assembly from amongst themselves.

Article 218. Conduct of Business of Rural Municipal Executive and Municipal Executive

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

Article 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.

Article 220. District Assembly and District Coordination Committee

(1)There shall be a District Assembly to make coordination between the Rural Municipalities and Municipalities within a district.
(2)The District Assembly shall consist of Chairpersons and Vice-Chairpersons of Rural Municipal Executives, and Mayors and Deputy Mayors of Municipal

Executives within the district. The first meeting of the District Assembly shall be held within thirty days of the date of final results of the election to the Village Assemblies and the Municipal Assemblies. www.lawcommission.gov.np

(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 Rural Municipal 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. In case a member is elected to the office of Chief, Deputy Chief or Member of the District Coordination Committee, his or her office of Member of Rural Municipal Assembly or of Municipal Assembly, as the case may be, shall ipso facto fall vacant.

(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 fall vacant in any of the following circumstances:-

(a)In case the Chief tenders resignation in writing to the Deputy Chief, and in case the Deputy Chief or member tenders resignation in writing to the Chief;
(b)In case his or her term of office expires;
(c)In case he or she dies.
(7)The functions, duties and powers of the District Assembly shall be as follows: -
(a)To make coordination between the Rural Municipalities 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 Provincial Government offices and Rural Municipalities and Municipalities in the district;