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 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 Village Body area by secret ballots on the

basis of one person one vote, in accordance with the first past the post electoral

system.

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Explanation: For the purposes of this Article, "Chairperson" and "Vice-

Chairperson" 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 Vice-

Chairperson, 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.

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(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.

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(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.

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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 Vice-

Chairpersons 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:

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(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.