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UNIT: FIVE

POLITICAL DEVELOPMENT AND


GOVERNANCE IN NEPAL:
DEMOCRACY:
- A political system that gives power to the people as a whole( Macionis,2011).
Supreme power is vested in the people.
- In some forms, democracy can be exercised directly by the people; In large
societies, it is by the people through their elected agents. Representative
Democracy : puts authority in the hands of the leaders chosen by the people in
election.
- Abraham Lincoln: “ Democracy is government of the people, by the people, and
for the people”.
- Aristotle: Rule by many people.
- Dicey: Governing body is comparatively a large fraction of the entire nation.
- Lord Bryce: Ruling power is largely vested in the members of the community as
a whole.
- M.K. Gandhi: Gives the weak chance as the strong
- Nelson Mandela: Freedom,
- Plato: Rule of the Poor
- Democracy is the institutionalization of freedom.
- Democracies conduct regular free and fair elections open to
citizens of voting age.
- Democracy and rational-legal authority go together.

 ( Fair, frequent, and well-managed elections are essential in a


democracy)
 Social Justice

 Equality

 Freedom
- “ DEMOCRACY: A Very Short Introduction” - By Bernard Crick(2002).
- - This book is a short account of the history of doctrine,
practices, and institutions of democracy, from ancient Greece
and Rome through the American, French, and Russian
revolution, and its varieties and conditions in the modern
world.
- - It argues that democracy is a necessary but not a sufficient
condition for good government, and that ideas of the rule of
law, and of human rights, and the claims and liberties of
groups within society must often limit the will of democratic
majorities.
- Democracy: Good Government as representative government, Political
justice, Equality, Liberty, and human rights.
- - The first usages is found in the Greeks, in plato’s attack on it and in
Aristotle’s highly qualified defense: democracy is simply, in the Greek, demos (
the mob, the many) and Kratos, meaning rule.
- - The second usages is found in the Roman republica, in Machiavelli’s great
Discourages, in the 17th-century English and Dutch republicans.
- - The third usage is found in the rhetoric and events of the French Revolution
and in the writing of Jean-Jacques Rousseau.
- - The fourth usages of democracy is found in the American constitution and in
many of the new constitutions in Europe in the 19th century and in the new
West German and Japanese constitutions following the Second World War.
WHAT DEMOCRACY IS….. AND IS NOT
BY PHILIPPE C. SCHMITTER AND TERRY LYNN KARL (1919)

What Democracy Is:


 Unique system for organizing relations between rulers and the ruled.
 Modern political democracy is a system of governance in which rulers are held
accountable for their actions in the public realm by citizens, acting indirectly
through the competition and corporation of their elected representatives.
 Democratic is one; others are autocratic, authoritarian, despotic, dictatorial,
tyrannical, totalitarian, absolutist, traditional, monarchic, obligarchic, plutocratic,
aristocratic, and sultanistic.
 The public realism
 Citizens
 Competition
 Regular election
 Majority rule
 Good Governance
WHAT DEMOCRACY IS:
 Unique system for organizing relations between rulers
and the ruled.
 Modern political democracy is a system of governance in
which rulers are held accountable for their actions in the
public realm by citizens, acting indirectly through the
competition and corporation of their elected
representatives.
MODERN DEMOCRACY:

 Modern democracy offers a variety of competitive


processes and channels for the expression of interests and
values- associational as well as partisan, functional as
well as territorial, collective as well as individual. All are
integral to its practice.( Cooperation, Freedom,
Representatives, Rule of law) The public realism
 Citizens
 Competition
 Regular election
 Majority rule
 Good Governance
HOW DEMOCRACIES
DIFFER
1. Consensus
2. Participation
3. Access
4. Responsiveness
5. Majority rule
6.Parliamentary Sovereignty
7.Party Government
7. Pluralism
8. Federalism
9. Presidentialism
10. Checks and Balances
- Democratization will not necessarily bring in its wake
economic growth, social peace, administrative efficiency,
political harmony, free markets, .
- How does democracy Work:
1. Democracy balancing rights and responsibilities.
2. Protection of Minorities
3. Decentralization in Democracy
4. Minority for opposition and majority for Government.
5. Power Separation
6. Inclusion
7. Work for Justice
1. Direct Democracy: Political decisions of factual issues by
voters themselves/ Voters directly shape political decision/
Referendum. Ancient Greece, Room, Switzerland
2. Indirect/ Representative Democracy: Politicians in
parliament and government formulate and pass laws ob behalf
of the voters who have elected them, Majority of the country.
3. Liberal Democracy: Western capitalist countries/Nepal. Civil
rights/ Human freedom. British: Prime minister , American President
4. Communist Democracy: Public Democracy
DEMOCRACY IN NEPAL:
 Nepal is a federal democratic republic
 The country has witnessed three revolutions for
democracy in the past seven decades. The first was in
1950 when the people revolted to end the century-long 
autocratic Rana regime. The long protest of the people
paid off when the country ushered in democracy in 1951.
CONSTITUTION AND ITS DEVELOPMENT IN NEPAL:
A constitution has been defined as a body of rules established to regulate the
system of government within a state.
A constitution is a set of fundamental legal-political rules that:
(1) are binding on everyone in the state, including ordinary lawmaking institutions;
(2) concern the structure and operation of the institutions of government, political
principles and the rights of citizens;
(3) are based on widepread public legitimacy;
(4) are harder to change than ordinary laws (e.g. a two-thirds majority vote or or a
referendum is needed);
(5) as a minimum, meet the internationally recognized criteria for a democratic system in
terms of representation and human rights.
THE FUNCTIONS OF A CONSTITUTION
1. Constitutions can declare and define the boundaries of the political
community.
2. Constitutions can declare and define the nature and authority of the political
community
3. Constitutions can express the identity and values of a national community
4. Constitutions can declare and define the rights and duties of citizens
5. Constitutions can establish and regulate the political institutions of the
community.
6. Constitutions can divide or share power between different layers of
government or sub-state communities.
7. Constitutions can declare the official religious identity of the state and
demarcate relationships between sacred and secular authorities
8. Constitutions can commit states to particular social, economic or
developmental goals
A CONSTITUTION AS A LEGAL, SOCIAL AND POLITICAL
DOCUMENT:
CHARACTERISTICS OF CONSTITUTION:

1. Parliamentary form of Government.


2. Rigidity and flexibility
3. Fundamental rights
4. Directive Principles of state policy ( DPSP).
5. Adult suffrage ( 18 years: right to elect).
6. An independent Judiciary
7. Separation of powers (Executive, Legislative and the Judiciary).
TYPES OF CONSTITUTION:

1. Codified, Uncodified, Flexible and Inflexible


Constitutions.
2. Monarchical and Republican Constitutions
3. Presidential and Parliamentary Constitutions
4. Federal and Unitary Constitutions
5. Political and Legal Constitutions
CONSTITUTIONAL DEVELOPMENT IN NEPAL:

1. Government of Nepal Act, 2004


2. The Interim Government of Nepal Act, 2007
3. The Constitution of the Kingdom of Nepal, 2015
4. The Constitution of Nepal, 2019
5. Constitution of the Kingdom of Nepal, 2047
6. The Interim Constitution of Nepal, 2063
7. The Constitution of Nepal, 2072
GOVERNMENT OF NEPAL ACT, 2004

  During, the constitutional development of Nepal, the government of


Nepal Act 2004 B.S is the first and historical document of Nepal.
Due to the various factors this constitution never is enforce or came
into existence as the law of the state. Though, one should not forget
that this is the first written and historical document of the state.
             The government of Nepal Act 2004 B.S was declared by the
Shree III Padma Shamsher JBR. The Padma Shamsher JBR himself
was the inciter or promoter of this constitution.
THE INTERIM GOVERNMENT OF NEPAL ACT, 2007

   The interim constitution of Nepal Act 2007 / 1951 mainly came


into existence due to the two fundamental factors. Firstly, the failure
to implement the constitution of 2004 B.S. And, secondly, the
success of the revolution of 2007 B.S, with an agreements which is
known as the Delhi Agreement.
             The people of Nepal during this period were in aggregation
under the leadership of the Praja Parishad and later on who were
actually leaded by the Nepali Congress. The main reason for the
dissatisfaction of people was mainly the lack of reformation and
development in various areas like; economical, social as well as the
political. So, fought against the Rana’s and concluded with the
revolution of people in 2007 B.S.
THE CONSTITUTION OF THE KINGDOM OF NEPAL,
2015
 The Delhi agreement was concluded with the committee to form a
constitution having the nature of republican one to rule over the
state. But, due to the various internal factors like; conflict between
an among the political parties regarding the authorities of the state
and other miss concept among themselves did not fulfils the
committee made by themselves.
             The election for the formation for the constitution was never
held. The major ruling party Nepali congress faced to make
coordination within the party. The then Prime Minister Matrika
Prashad Koirala left the Party. The government were formulated
and dissolved many times. So, such types of difference miss
understanding and lack of coordination ultimately led the nation
towards the degradation
THE CONSTITUTION OF NEPAL, 2019
 The constitution of Nepal 2019 B.S is the fourth constitution during the constitutional
development in Nepal. This constitution was declared and enacted in Poush 1 st 2019
B.S.
 Due to the various political differences within an among the political parties as well as
the adverse condition in the state the King Mahendra took over the system or the
leadership of the government in his own hand in Poush 1st 2017 B.S. and constituted a
cabinet for his support. The King also established the Party less Panchayat System in
which no any party are given to participate.
 This constitution was in the existence nearly for more than 25 years. A committee on
leadership of Rhisikesh Shah was formed to develop this constitution. The other member
of the committee were Shambhu Prashad Gyawali, Anguar Baba Joshi, Prakash
Bahadur Khatri, Dambar Narayan Yadav and Kul Shekar Sharma.
 This constitution declared and enacted by the then King Mahendra on Poush 1 st 2019
B.S.

CONSTITUTION OF THE KINGDOM OF NEPAL,
2047

1. This Constitution is the fundamental law of Nepal and


all laws inconsistent with it shall, to the extent of such
inconsistency, be void.
2. Nepal is a multiethnic multilingual, democratic,
independent, indivisible, sovereign, Hindu and
Constitutional Monarchical Kingdom.
4. The Nepali language in the Devanagari script is the
language of the nation of Nepal. The Nepali language
shall be the official language.
THE INTERIM CONSTITUTION OF NEPAL, 2063
1. Documents of political consensus
2. Formulated as per the popular wish
3. State power and sovereignty inherent in people
4. The executive power inherent in the council of ministers
5. Establishment of secularism and republication
6. Unicameral legislative parliament
7. Recognition of the national Human Rights
8. Commission as a constitutional organ
9. Guarantee of more fundamental rights
10. Provision for the election to constituent assembly
11. The multi-party democratic system of government.
THE CONSTITUTION OF NEPAL, 2072

 The Constitution of Nepal (2015) marked a major achievement for


the country’s peaceful transition to democracy following the civil
war between 1996 and 2006.
 The Constitution introduces a competitive multi-party democratic
system, civic freedom, fundamental rights, human rights, periodic
elections, voting rights, full freedom of the press, and an
independent judiciary.
 It provides a vision of a prosperous nation, built on principles of
socialism, the rule of law, democratic values, durable peace, good
governance and sustainable development.  
 Articles 18.2 and 51.j (7) of the Constitution contain provisions for
youth rights relating to participation and empowerment in Nepal, as
well as protections from discrimination
MAIN FEATURE OF THE NEW CONSTITUTION OF NEPAL
2072

1.  Federal Democratic Republic संघीय लोकतान्त्रिक गणतन्त्र


2.  Sovereign and state power to the peopleसार्वभौम र राजकीय सत्ता जनतामा
3. Both mother and father, after the citizenshipआमा र बाबु दव
ु ैको नाउँ बाट
नागरिकता
4.  Gender Equalityलैंगिक समानता
5. . Mixed Electoral Systemमिश्रित निर्वाचन प्रणाली
6. King put the constitutional presidentराजाको स्थानमा संवैधानिक राष्ट्रपति
7. . Only 25 of the Minister of  मन्त्री २५ जना मात्र हुने
8. Prime Minister Hun prevent the defeatedनिर्वाचनमा पराजितलाई प्रधानमन्त्री
हुन रोक
9. Citizenship by descent must reach executive positions कार्यकारी पदमा पग्ु न
वंशजको नागरिकता अनिवार्य
10. Confidence motion in place for two years दईु वर्षसम्म अविश्वास प्रस्ताव
ल्याउन नपाइने
11. Interpretation with secularism व्याख्या सहितको धर्मनिरपेक्षता
 Nepal adopted its first democratic Constitution on
September 20, 2015. Its salient features are:
 It establishes Nepal as secular and federal democratic
republic with bicameral parliament. Country has been
split in seven federal provinces.
 Executive rights are vested in Council of Ministers
headed by Prime Minister. The President is ceremonial
head.
 It establishes independent judiciary and press freedom.

 It establishes independent judiciary and press freedom.

 It establishes competitive multi-party democratic system


with periodic elections. Enshrines fundamental rights,
civic freedom, human rights, voting rights and full press
freedom etc. 
FUNDAMENTAL RIGHTS (ACCORDING TO
CONSTITUTION, 2072)
1. Right to live with dignity
2. Right to freedom
3. Right to equality:
4. Right to communication
5. Rights relating to justice:
6. Right of victim of crime:
7. Right against torture:
8. Right against preventive detention:
9. Right against untouchability and discrimination:
10. Right relating to property:
11. Right to freedom of religion
12. Right to information
13. Right to privacy
14. Right against exploitation:
15. Right to clean environment
16. Right relating to education
 Right to language and culture
 Right to employment:
 Right to labour:
 Right relating to health:
 Right relating to food
 Right to housing
 Rights of women:
 Rights of the child
 Rights of Dalit:
 Rights of senior citizens:
 Right to social justice:
 Right to social security:
 Rights of the consumer:
 Right against exile:
 Right to constitutional remedies:
 Duties of citizens
POLITICAL PARTY AND THEIR ROLES:
 A political party is a group of people who come together
to contest elections and hold power in the government.
They agree on some policies and programmes for the
society with a view to promote the collective good
PARTY FUNCTIONS:
 In democratic systems, political parties represent their
constituencies by performing three main functions:
1. Propose Policies: Political parties propose public policies
regarding how the country should be governed;
2. Compete in Elections: They compete for power through elections,
ideally by promoting the policies they formulate; and
3. Govern: Both ruling and opposition parties are critical to
democratic governance. When in power, political parties are
responsible for the direction of their government; in opposition,
they help hold government accountable by voicing credible
alternative policies. Parties should try to implement their policy
proposals while in government, or advocate for them when in
opposition.
POLITICAL PARTIES OF NEPAL:
 Nepal’s political parties originated in the 1930s and ‘40s in opposition to the
century-old oligarchic Rana regime (1846-1951).
 This marks a difference between the history of parties of Nepal and that of
the West, where parties evolved within the parliament as a consequence of the
extension of popular suffrage, or that of other Third World countries, where
parties first appeared as part of the nationalist movement against colonial
rule.
 Parties like the Praja Parishad and Prachanda Gorkha preceded the NC,
but the latter, founded in exile in India in 1947, took the lead role in the 1950-
51 armed insurrection. Consequently, it won a two-third majority in the 1959
parliamentary elections and formed a government. The Gorkha Parishad,
created by former Rana rulers and their cohorts, succeeded in becoming the
major opposition party in parliament
NEPALI CONGRESS
 The Nepali Congress is the oldest among the currently functioning political
parties. Unlike the CPN (UML) and the RPP, which tried to cloak their past
hostility to multiparty democracy during the pre-1990 period, NC’s greatest
asset has been its history associated with its struggle for democracy.
 Founded against a backdrop of democratic awareness and movement in the
1940s, NC led the 1950-51 anti-Rana revolution and consequently gained a
two-third majority in the 1959 parliamentary elections, forming a government
under Bisweswor Prasad Koirala.
 Its democratic credentials remained intact after the ban on political parties in
December 1960 as it exerted both violent (i.e. armed insurgency in the early
1960s and 1970s) and peaceful opposition against the partyless Panchayat
regime.
 An NC leader, late Ganesh Man Singh, was the commander of the successful
Jana Andolan in 1990. The primacy of the NC in the post-1990 politics became
evident as it gained and regained majority of the seats in parliament in 1991
and 1999 general elections, despite a setback in the 1994 mid-term polls. The
NC has been in power for substantial periods in the post-1990 period.
COMMUNIST PARTY OF NEPAL (UNIFIED MARXIST-
LENINIST)
 Communist Party of Nepal (Unified Marxist-Leninist) Against the backdrop of
the Cultural Revolution in China, the Naxalite uprising in India and peasant-
landlord cleavages in Nepal, the CPN (UML) came into existence in 1971 as
the ‘Jhapali Group’. Among the many splinter groups of the CPN––the distant
parent organisation of all communist parties of Nepal which was established
in 1949—the Jhapali Group, or CPN (Marxist-Leninist), or ML, as it came to
be known later, was an ultra-Left group. (Coincidentally, the CPN [Fourth
Convention], the parent body of the present Maoists and the People’s Front, an
extreme Left parliamentary party, was another party founded around the same
time.) At the time of its inception, the Jhapali Group adopted the Maoist
ideology of Naulo Janabad (New People’s Democracy) and followed the
Naxalite line of class annihilation. But the growth of the party, mainly through
the amalgamation of several splinter communist groups and expansion of front
organisations involved in open politics in the post-1980 referendum4 period,
pushed it towards ideological moderation and modification.
CPN (MAOIST):
 CPN (Maoist) The approach adopted by the United National People’s
Movement (UNPM) during and after the 1990 movement for the restoration of
democracy was indicative of the possible discontent with the system of
constitutional monarchy and parliamentary democracy.
 The Maoist insurgents, who were part of this grouping, has implemented the
UNPM’s ideas of realising the Maoist model of a new democracy through
armed revolution at an opportune time. This line of thought was first
articulated by the CPN (Fourth Convention)––the immediate parent
organisation of all radical communist groups professing Maoist thought, viz,
the CPN (Masal) (Mohan Bikram group), the CPN (Mashal) (Mohan Vaidya
group) and the CPN (Unity Centre), among others—at the time of its inception
in the early 1970s.
PEOPLE’S FRONT
 People’s Front There are some non-conformist but participatory
communist parties in between the moderate CPN (UML) and the
radical Maoists. The Jana Morcha, or People’s Front, is one of
them. Having started out as the UPF on the eve of the 1991
parliamentary elections, it is currently the political front of the
semi-underground CPN (Unity Centre-Masal). The latter resulted
from the merger between the CPN (Unity Centre) and the CPN
(Masal). Although both parties had initially professed Maoist
thought, the former had initially supported parliamentary
democracy while the latter boycotted them. But the CPN (Masal)
began participating in the parliamentary process from the 1992
local elections onwards. This narrowed the differences between
the two parties, leading to their ultimate unification
NEPAL WORKERS’ AND PEASANTS’ PARTY
 Nepal Workers’ and Peasants’ Party The Nepal Workers’ and Peasants’ Party
(NWPP) is another non-conformist group that has chosen to participate in the
parliamentary process. It was founded in 1975 as a splinter group of the CPN
(Pushpa Lal group) by Narayan Man Bijukchhe, popularly known as
Comrade Rohit. Ideologically, the party has doctrinal links with Maoist
thought but it enjoys stronger fraternal relations with communist North
Korea. Since 1981, it has adopted the ‘entryist’ approach as a strategy to
discredit the Panchayat system. The Newars of Bhaktapur constitute its
support base, and it has always won seats from this district. It also won seats
from the remote districts of Karnali zone in both the 1991 and 1994
parliamentary elections. But the defection by its representatives of the Karnali
zone relegated its representation to just Bhaktapur in the 1999 general
elections.
RASHTRIYA PRAJATANTRA PARTY:
 The Rashtriya Prajatantra Party (RPP) came into being in 1992 following the
merger of two separate parties of the same name having identical backgrounds
and ideologies. Both the RPPs were formed following the restoration of
democracy in 1990 and were led by former Panchayat prime ministers, Surya
Bahadur Thapa and Lokendra Bahadur Chand. Though the party’s image was
closely associated with the backgrounds of its leaders and workers as well as
their reputation as ardent advocates of an active monarchy and the partyless
Panchayat regime, the party assimilated quite easily itself into the changing
political context and declared its faith in the new system based on
constitutional monarchy and parliamentary democracy
NEPAL SADBHAVANA PARTY

 Nepal Sadbhavana Party The Nepal Sadbhavana Party (NSP), a Tarai-based


regional party, is one of the several small parties founded along ethnic lines
rather than on political ideology. Despite a constitutional prohibition on
ethnic, 14 Political Parties of Nepal regional and religion-based parties,
some such parties have been contesting polls after 1990. Of them, only the
NSP has thus far succeeded in winning seats: six, three and five in the 1991,
1994 and 1999 elections, respectively. The precursor to the NSP was
established in 1958 as the Tarai Congress and later revived as Sadbhavana
Parishad in 1983. It champions the cause of madhesis, the people of the Tarai
region
STRUCTURE OF PARTY ORGANIZATION

1. The core governing body, called the committee, is organised on a territorial


basis and is pyramidal and hierarchical in structure. It can broadly be
separated into three levels: central, middle and grassroots.
2. Party in public office is a forum consisting of the party’s representatives in
state bodies. Separate formal structures exist for elected representatives at
both central and local levels. At the centre is the parliamentary party.
3. the division of labour and functional specialisations within the party. Since
1990, the major political parties have set up numerous departments or
subject-specific committees in their organisational structures at both the
central and district levels
4. Ancillary and affiliate organisations:. The early phase of the democratic
period saw rapid politicisation of otherwise non-political social groups with
parties forming ancillary and affiliate organisations based on caste,
ethnicity, class and profession
ROLE OF POLITICAL PARTY IN NEPAL:
1. To establish democracy and freedom
2. To establish Loktantra
3. To promotion of human rights, social justice, and
welfare.
4. Role of political party for promoting good governance.
ADMINISTRATIVE DIVISION:
 Nepal was divided into 35 administrative districts until 1963 when it received
its current administrative structure of 75 districts and 77 districts.
 In 1972, adopting a regional development approach, the country was divided
into four development regions, each running north to south: Eastern, Central,
Western and Far-Western. In 1982, the Far-Western Region was split into the
Mid-Western and Far-Western Regions, making a total of five. The
development regions, like the zones, have had few administrative functions
besides serving as another sub-national layer between the centre and
the districts.
a. Eastern Region: Dhankuta
b. Central Region: Kathmandu
c. Western Region: Pokhara
d. Mid-Western Region: Birendranagar.
e. Far-Westrn Region: Dipayal
LOCAL GOVERNMENT BY TYPE AND PROVINCES:
FEDERALISM IN NEPAL:
 Federalism is a constitutional mechanism for dividing power between
different levels of government so that federated units can enjoy substantial,
constitutionally guaranteed autonomy over certain policy areas while sharing
power in accordance with agreed rules over other areas. Thus, federalism
combines partial self-government with partial shared government (Elazar
1987). Federal systems are usually associated with culturally diverse or
territorially large countries.
 Federalism is a means of ensuring peace, stability and mutual
accommodation in countries that have territorially concentrated differences of
identity, ethnicity, religion or language. Federalism, especially in large or
diverse countries, can also improve service delivery and democratic
resilience, ensure decisions are made at the most appropriate level, protect
against the over-concentration of power and resources, and create more
opportunities for democratic participation.
 The 2015 Constitution established Nepal as a federal
democratic republic with three tiers of government –
local, provincial and federal.
 The Constitution of Nepal adopted in 2015 ended the
unitary and centralized system of governance. In its
place, it established a federal structure that distributed
legislative and executive powers among three
governmental levels: local, provincial and federal.
The Constitution authorizes all three levels to
legislate, formulate plans and policies, and mobilize
resources within jurisdictions delineated to them.
 Federal Government
 Provinces; 7

 Districts: 77

 Metropolitan Cities: 6

 Sub-Metropolitan cities: 11

 Municipalities: 276

 Rural Municipalities: 460


MERITS/ ADVANTAGE OF FEDERALISM:
1. High and sustainable development of nation
2. Proportionate development of the country
3. Equal and fair distribution of resources
4. People participation in the development
5. Decentralization of power and function.
DEMERITS / DISADVANTAGE OF
FEDERALISM:
1. Rapid increases in recurrent expenditures
2. Unhealthy competition
3. High chances of conflict between government
4. Over exploitation of resources
5. Division and disappears from union
FEDERAL STATE :
PROVINCES:
1. Province 1: Biratnagar (14)
2. Province 2: Janakpur ( 8)
3. Province(Bagmati) 3: Hetauda ( 13)
4. Province ( Gandaki) 4: Pokhara ( 11)
5. Province ( Lumbini) 5: Danga ( 12)
6. Province ( Karnali) 6: Birendranagar ( 10)
7. Province ( Sudar Pashim) 7: Godwari ( 9)
FEDERAL ADMINISTRATION:
1. Executive: Federal Government
 President 
 Vice President 
 Prime Minister 
 Council of Ministers
 Civil Services
 Chief Secretary
 Provincial governments
 Chief Ministers
 Governors
2. Legislative:
 Governors
 Federal Parliament, House of Representatives, National Assembly, Provincial Assembly

3. Judiciary ( Supreme Court, High Court, and District).


LOCAL ADMINSTRATION:
 The local government is the one working closely with the people.
The political parties initiated a programme known as Gaun Gaun
ma Singha Durbar, to spread detailed information on the functions
of government to the population. After demolishing the 3,467 old
local bodies, elected representatives have been taking their seats in
the 753 newly established local bodies – 6 Metropolis Cities, 11
Sub-Metropolises, 276 Municipalities and 460 Rural
Municipalities. 
 The long vacant posts of elected members now have Mayors and
Deputy Mayors in Municipalities, and Chairpersons and Vice
Chairpersons in Rural Municipalities. Similarly, each ward
chooses five members including the Ward Chairperson.
1. Municipalities:
a. Metropolitan City (Mahanagarpalika: 6):
Kathamandu, Bharatpur, Biratnagar, Pokhara, Lalitpur
and Birjung.
b. Sub-metropolitan City (Upmahanagarpalika: 11):
Janakpur, Ghorahi, Butwal, Hetauda, Dhangadhi,
Tulsipur, Itahari, Dharan, Nepaljung, Kalaiya and
Jeetpur.
c.Municipality (Nagarpalika: 276)
2. Rural Municipalities: 460.
 According to the constitution, the legislative power of the local level is vested in
the Village Assembly and Municipal Assembly.
 The assembly consists of the Chairperson and Vice Chairperson from Municipal
or Village Executive, Ward Chairperson, and members from each ward. Also, the
members from the Municipal or Village executive elected from the minority and
socially deprived ethnic groups are included in the assembly. Within the
Executive, the Chairperson, Vice Chairperson (Mayor and Deputy Mayor), and
Ward Chairperson, four elected women members from Village Assembly
themselves and two elected members from the minority and socially deprived
ethnic groups.
 The new constitution also has a separate provision for the three-member judicial
committee at the local level which is led by the Deputy Head of the divisions. The
judicial committee will work to solve small disputes as per the law
LOCAL SELF GOVERNMENT:
 "Local Government is that part of the government, which deals mainly with
local affairs administered by authorities’ subordinate to the state government
but elected independently of the state authority by the qualified residents"
(Quoted in Shrestha, 1996: 6).
 "Local Government as the administration of a locality – a village, a city or
any other area smaller than the state – by a body representing the local
inhabitants, possessing a fairly large amount of authority, raising at least a
part of its own revenue through local taxation and spending its income on
services which are regarded as local and therefore distinct from state and
central services" (Shrestha, 1996: 6-7). "Local Government is self-government
involving the administration of public affairs in each locality by a body of
representatives of the local community
 The Local Government Operation Act, 2074 that came into effect since 15 October
2017 has paved a strong legal foundation towards institutionalizing legislative,
executive and quasi-judiciary practice of the newly-formed local government.
 The legal mechanism was enacted as per the Article 296 (1) of the Nepal Constitution-
2015 so as to leverage local leadership and governance system. The Act has stipulated
several arrangements related to authorities, duties and responsibilities of local
government, assembly meeting and working system, assembly management procedures,
plan formulation and implementation, judicial works, financial jurisdictions,
administrative structure and district assembly, among others.

 This newly formed act describes about the criteria to divide a state into municipalities
or rural municipalities and respective rights, duties and responsibilities in different
development and conservation sectors. It clarifies the rights of municipalities/ rural
municipalities to form local laws, regulations and criteria for conservation of
environment protected areas and species; for environmental pollution and hazard
control; solid waste management; etc.
 Nepal's constitution provides for three main structures in the federal
democratic republican setup: federal, state, and local. In addition,
there is provision for federal, state, and local levels to exercise the
power of the State of Nepal pursuant to the constitution and law.
The local level state power is listed in Schedule-8 of the
constitution. The constitution has directed that exercise of such
powers will be as per the laws made by the Village Assembly or
Municipal Assembly.
DISTRICT ASSEMBLY:
 The District Assembly (Nepali: जिल्ला सभा) is composed of chairpersons and vice-
chairpersons of each rural municipality and mayors and deputy mayors of
each municipality within a district.
 The District Assembly coordinates between all municipalities and rural
municipalities within the district. It elects a nine-member District
Coordination Committee including a chief and deputy chief and at least three
women and one member from the Dalit or minority communities for a five-
year term. Any member within the village or municipal assembly in local levels
within the district are eligible to be elected to the District Coordination
Committee and if elected their status as a local representative will lapse.
 Article 220 of the constitution has made provision for District Assembly and District
Coordination Committee (Constitution of Nepal, 2015).
 According to Article 220 Sub Article (1) there shall be a District Assembly to undertake
coordination between the Village Bodies and Municipalities within the district. According to Sub
Article (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 .
FUNCTIONS OF DISTRICT ASSEMBLIES:

1. They are responsible for the overall development of the district.


2. They formulate and execute plans for the effective mobilization of resources
necessary for development.
3. They are responsible for the development, improvement and management of
human settlement and the environment in the district.
4. They help maintain law and order in co-operation with the national authorities
and local security agencies.
5. They are responsible for the development of basic infrastructure and services
in the district.
DISTRICT COORDINATION COMMITTEE (NEPALI: जिल्ला समन्वय
समिति, : DCC)

 The District Coordination Committee (Nepali: जिल्ला समन्वय समिति, abbreviation:


DCC) was formed on March 14, 2017, to replace the existing district
development committee. Each of the 77 districts in Nepal have their own district
coordination committees in.
 The Head of a district development committee is elected by the district assembly.
The government also appoints a Local Development Officer in each district
development committee who heads the DCC in absence of an elected head or
deputy head.
 The DCC acts as an executive to the district Assembly. The DCC coordinates
with the Provincial Assembly to establish coordination between the Provincial
Assembly and rural municipalities and municipalities and to settle disputes, if
any, of political nature. It also maintains coordination between the provincial
and Federal government and among the local bodies in the district. It also
monitors development within the district.
 Local government is a public institution in a small geographic area,
such as a city, town, or county, which is the closest and most
trustworthy organization of the local citizen (Acharya, 2018).
 Local governments have full authority of lawmaking for the welfare
of local people as per their desires. Local levels are the
governments close to the people at grassroots levels. The District
Coordination Committee (DDC) is a district-level political
authority in every districts of Nepal. They were formed in March
2017 to replace the former District Development Committees
(Election Commission of Nepal, 2017).
 The functions, duties and powers of District Co-ordination
Committee According to Article 220 Sub Article (7), the functions,
duties and powers of the District Assembly shall be:
1. to make coordination between the Village Bodies and
Municipalities within the district
2. to monitor development and construction works to make a balance
of such works
3. to be in charge of coordination between the Federal and the State
Government offices and Village Bodies and Municipalities in the
district. (The Constitution of Nepal, 2015)
 Role of Local Governance Operation Act, 2074 Local Governance
Operation Act, 2074 section 92 has made provision for functions,
duties and powers of the District Assembly (Local Governance
Operation Act, 2074).
 The District Coordination Committee does necessary co-ordination
in the identification and management of development work inside
village municipal and urban municipal. It manages record of
development works carried out by the government and non-
government sectors inside the district. Similarly, it publishes
guidelines to maintain ecological balance of development
activities.
WARD COMMITTEE AND ITS ROLE:
Ward committees have the following responsibilities:
 Make representations and recommendations on local
government issues in their wards.
 Communicate between the municipality and the people
through the ward councilor.
 Hold the ward councilor accountable on the fulfillment
of their duties.
 Engage the community through regular meetings and
other forms of interaction.
VILLAGE ASSEMBLY AND MUNICIPAL
ASSEMBLY:
VILLAGE DEVELOPMENT COMMITTEE (VDC)
 A village development committee (VDC)
(Nepali: गाउँ बिकास समिति; Gāun Bikās Samiti) in Nepal is the lower administrative part of its
 local development ministry. Each district has several VDCs, similar to municipalities but
 with greater public-
government interaction and administration. A VDC is further divided into wards (Nepali:
 वडा), the number depending on the population of the district, the average is nine wards
 Powers and Functions of VDC: The VDC exercises a wide variety of powers. The VDC
is entrusted with several duties and responsibilities by the village council, district
development committee and HMG. The power and functions of VDC can be categorized
under the following headings:
Agriculture
 Drinking Water
 Construction and Transportation
 Education and Sports
 Irrigation, Soil Conservation and River Control
 Physical Development
 Health
 Forest and Environment
 Language and Culture
 Tourism and Cottage Industries
ROLE AND FUNCTION OF
MUNICIPALITIES:
NEPAL AND INTERNATIONAL/ REGIONAL ORGANIZATIONS:
Since the early 1950s, Nepal has pursued a calculated nonaligned policy and has become an
active participant in international organizations.
Nepal was admitted to the UN in 1955. Prior to its admission, Nepal already was a member of
several specialized UN agencies, such as the Food and Agriculture Organization (1951);
the United Nations Educational, Scientific, and Cultural Organization (1952); the World
Health Organization (1953); and the Economic Council for Asia and the Far East (1954).
Kathmandu often voted with the nonaligned group at the UN.
In 1961 Nepal became a member of the World Bank and the International Monetary Fund .
Nepal also was a member of the Universal Postal Union, the International Civil Aviation
Organization, the International Red Cross, and a host of other international
organizations

1. SAARC

2. UNO (UNITED NATION ORGANIZATION )

3. BIMSTEC( Bay of Bengal Initiative for Multi Sectorial Technical and Economic co-operation )
1. SAARC:
 The South Asian Association for Regional Cooperation (SAARC)
is an economic and political organization of eight countries in
South Asia.
 It was established in 1985 when the Heads of State of
Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri
Lanka formally adopted the charter. Afghanistan joined as the 8th
member of SAARC in 2007. To date, 18th Summits have been held
and Nepal’s former Foreign Secretary is the current Secretary
General of SAARC.
THE PRINCIPLES OF SAARC ARE AS
FOLLOWS:

a) Cooperation within the framework of the Association shall be


based on respect for the principles of sovereign equality,
territorial integrity, political independence, non-interference in
the internal affairs of other states and mutual benefit.
b) b) Such cooperation shall not be a substitute for bilateral and
multilateral cooperation but shall complement them.
c) c) Such cooperation shall not be inconsistent with bilateral
and multilateral obligations.
OBJECTIVES:

1. SAARC aims to promote economic growth, social progress and cultural development within
the South Asia region.
2. Promote the welfare of the peoples of South Asia and improve their quality of life
3. Accelerate economic growth, social progress and cultural development in the region by
providing all individuals the opportunity to live in dignity and realise their full potential
4. Promote and strengthen collective self-reliance among the countries of South Asia
5. Contribute to mutual trust, understanding and appreciation of one another’s problems
6. Promote active collaboration and mutual assistance in the economic, social, cultural,
technical and scientific fields
7. Strengthen co-operation with other developing countries
8. Strengthen co-operation among themselves in international forms on matters of common
interest; and
9. Cooperate with international and regional organisation with similar aims and purposes.
STRUCTURE AND PROCESS:

 Cooperation in SAARC is based on respect for the five principles of sovereign


equality, territorial integrity, political independence, non-interference in
internal affairs of the Member States and mutual benefit. Regional cooperation
is seen as a complement to the bilateral and multilateral relations of SAARC
Member States.
 SAARC Summits are held annually and the country hosting the Summit holds
the Chair of the Association. Decisions are made on an unanimity basis while
bilateral and contentious issues are excluded from the deliberations of SAARC.
 In addition to the eight Member States, nine Observer States join SAARC
Summits: China, the US, Myanmar, Iran, Japan, South Korea, Australia,
Mauritius and the European Union.
AREAS OF COOPERATION:

 Agriculture and rural development


 Education and culture
 Biotechnology
 Economic, trade and finance
 Energy
 Environment
 Tourism
 Science and Technology
 Information, Communication and Media
 Poverty alleviation
 Security aspects
 People-to-People Contacts
 Funding mechanism
 Social development
THE DATES OF THE SUMMITS OF SAARC
ALREADY HELD ARE AS FOLLOWS:
• 1 st Summit – Dhaka (1985) • 2 nd Summit—Banglore (1986)
• 3 rd Summit - Kathmandu (1987) • 4 th Summit - Islamabad (1988)
• 5 th Summit - Male (1990) • 6 th Summit - Colombo (1991)
7 th Summit - Dhaka (1993) • 8 th Summit - New Delhi (1995)
• 9 th Summit - Male (1997) • 10th Summit - Colombo (1998)
• 11th Summit - Kathmandu (2002) • 12th Summit - Islamabad (2004) •
13th Summit - Dhaka (2005) • 14th Summit - New Delhi (2007)
• 15th Summit - Colombo (2008) • 16th Summit - Thimphu (2010)
• 17th Summit - Male (2011) • 18th Summit – Kathmandu (2014)
• 19th Summit-- to be held in Pakistan
 SAARC Regional Centres

1. SAARC Agricultural Center (SAC), Dhaka;


2. SAARC Tuberculosis and HIV/AIDS Center (STAC),
Kathmandu;
3. SAARC Energy and Environment Centre (SEC), Islamabad;
4. SAARC Cultural Centre (SCC), Kandy, Sri Lanka;
5. SAARC Disaster Management Centre (SDMC), New Delhi
SAARC SPECIALIZED BODIES

1. SAARC Development Fund (SDF), Thimpu;


2. South Asian University (SAU), New Delhi;
3. South Asian Regional Standards Organization (SARSO),
Dhaka;
4. SAARC Arbitration Council (SARCO), Islamabad.
NEPAL AND SAARC:
 Nepal is one of the founding members of SAARC. Out of 18 Summits of the
Association, five summits (1st to 4th and 13th) were attended by Nepal at the level
of the Head of State and the rest were attended at the level of the Head of
Government. Nepal successfully hosted the 3rd, , 11th and 18th summits in
Kathmandu in 1987, 2002 and 2014 respectively. During the 3rd SAARC Summit in
Kathmandu, the SAARC Regional Convention on Suppression of Terrorism was
signed which was ratified by all Members and entered into force on 22nd August
1988. Likewise, two important conventions, namely SAARC Convention on
Preventing and Combating Trafficking in Women and Children for Prostitution and
SAARC Convention on Regional Arrangement for Promotion of Child Welfare in
South Asia were signed on 5 January 2002 during the 11th Summit in Kathmandu
which entered into force on 15th November 2005.
 Nepal hosts the Secretariat of SAARC, which was established in
Kathmandu on 16 January 1987. Nepal also hosts one SAARC
Regional Centre in Kathmandu, namely the SAARC 10
Tuberculosis and HIV/AIDS Centre (STAC), Bhaktpur. SAARC
Tuberculosis Centre (STC) started its functioning as SAARC TB
Centre in 1994. It was renamed as SAARC Tuberculosis and
HIV/AIDS Centre in November 2007. The Centre has been
supporting the National TB Control Programmes of the SAARC
Member States.
 The logo of SAARC was designed by Nepalese artist Sailendra
Maharjan.
UNO (UNITED NATION ORGANIZATION )
 United Nations (UN), international organization established on October 24,
1945. The United Nations (UN) was the second multipurpose international
organization established in the 20th century that was worldwide in scope and
membership. Its predecessor, the League of Nations, was created by the Treaty of
Versailles in 1919 and disbanded in 1946. Headquartered in New York City, the
UN also has regional offices in Geneva, Vienna, and Nairobi. Its official
languages are Arabic, Chinese, English, French, Russian, and Spanish. 
 The UN (United Nations Organisation) was founded in 1945 after the Second
World War by 51 countries committed to maintaining international peace and
security, developing friendly relations among nations and promoting social
progress, better living standards and human rights.
 Nepal became a member of the United Nations on December 14, 1955. To
celebrate the occasion, here are five little known facts about Nepal and that world
body.
THE MAIN ORGANS OF THE UN ARE:
1. the General Assembly,
The General Assembly is the main deliberative, policymaking and representative
organ of the UN. All 193 Member States of the UN are represented in the General
Assembly, making it the only UN body with universal representation. Each year,
in September, the full UN membership meets in the General Assembly Hall in
New York for the annual General Assembly session, and general debate, which
many heads of state attend and address.
2. the Security Council,
 The Security Council has primary responsibility, under the UN Charter, for the
maintenance of international peace and security. It has 15 Members (5
permanent and 10 non-permanent members). Each Member has one vote. Under
the Charter, all Member States are obligated to comply with Council decisions.
The Security Council takes the lead in determining the existence of a threat to the
peace or act of aggression. It calls upon the parties to a dispute to settle it by
peaceful means and recommends methods of adjustment or terms of settlement
3. the Economic and Social Council,
The Economic and Social Council is the principal body for coordination, policy review,
policy dialogue and recommendations on economic, social and environmental issues,
as well as implementation of internationally agreed development goals .
4. the Trusteeship Council,
The Trusteeship Council was established in 1945 by the UN Charter, under Chapter XIII,
to provide international supervision for 11 Trust Territories that had been placed
under the administration of seven Member States, and ensure that adequate steps were
taken to prepare the Territories for self-government and independence.
5. the International Court of Justice, and
The International Court of Justice is the principal judicial organ of the United Nations. Its seat is at
the Peace Palace in The Hague (Netherlands). It is the only one of the six principal organs of the
United Nations not located in New York (United States of America).
6. the UN Secretariat.
The Secretariat comprises the Secretary-General and tens of thousands of international
UN staff members who carry out the day-to-day work of the UN as mandated by the
General Assembly and the Organization's other principal organs.
BIMSTEC( BAY OF BENGAL INITIATIVE FOR MULTI

SECTORIAL TECHNICAL AND ECONOMIC CO-OPERATION )


 BIMSTEC was established as an interregional grouping in June 1997 to
promote free trade within the region, increase cross-border
investment and tourism and promote technical cooperation
especially on matters of common interest and those tapping
regional synergies.
 Initially comprising Bangladesh, India, Sri Lanka, and Thailand,
BIMSTEC has expanded to include Myanmar (December 1997),
and Bhutan and Nepal (July 2004).
 As a sector-based program, BIMSTEC has identified several
priority areas of cooperation, with Nepal assigned as lead country
for poverty alleviation
 Its main purpose is to enhance economic sustainability, and cooperation and
collaboration in the region through joint initiatives.
 To this end BIMSTEC has come up with 15 priority areas for collaboration
and cooperation, including trade and investment, energy, tourism, transport
and communication, public health, counter-terrorism and transnational
crime, environment and disaster management, technology, fisheries,
agriculture, poverty alleviation, cultural cooperation, people-to-people
contacts, and climate change.
OBJECTIVES OF BIMSTEC:
1. To create an enabling environment for rapid economic development through identification and
implementation of specific cooperation projects in the sectors of trade, investment and industry,
technology, human recourse development, tourism, agriculture, energy, and infrastructure and
transportation.
2. To accelerate the economic growth and social progress in the sub-region through joint endeavors
in a spirit of equality and partnership.
3. To promote active collaboration and mutual assistance on matters of common interest in the
economic, social, technical and scientific fields.
To provide assistance to each other in the form of training and research facilities in the
educational, professional and technical spheres.
4. To cooperate more effectively in joint efforts that are supportive of and complementary to national
development plans of Member States which result in tangible benefits to the people in raising their
living standards, including generating employment and improving transportation and
communication infrastructure.
5. To maintain close and beneficial cooperation with existing international and regional
organizations with similar aims and purposes.
6. To cooperate in projects that can be dealt with most productively on a sub-regional basis and make
best use of available synergies among BIMSTEC member countries.
 Nepal participates in the BIMSTEC Free Trade Area Agreement via the Trade
Negotiating Committee working on a list of goods to be covered.
 Nepal assumed the chairmanship of BIMSTEC at the closing of the third
BIMSTEC summit held in Nay Pyi Taw, Myanmar in March 2014.
 The BIMSTEC Transport Infrastructure and Logistics Study (BTILS) is the
blueprint for transport cooperation in BIMSTEC. It identifies a short list of
about 60 projects as part of key BIMSTEC trade routes.6 Six projects were
specific to Nepal, including the major development of Tribhuvan International
Airport at Kathmandu, and further automation of trade processing (customs
and national single windows).
 The BIMSTEC Transport Connectivity Working Group met in May 2016 to
agree on short- and medium-term tasks in coordinating and monitoring
implementation of the BTILS strategies, policies, and projects
NGOS AND INGOS IN NEPAL:
 A non-governmental organization (NGO) is a social organization
motivated to work in sectors like religion, sociocultural, economic,
educational, environment, women, children, etc, irrespective of any
political ideology and belief. It is a nonprofit social institution established
formally after registering at the Chief District Officer's office and affiliated
with the Social Welfare Council (SWC) to work for the socially and
economically backward people

 The NGOs/INGOs are non-profitable institutions. NGOs mostly focus on


sectors like: agricultural expansion, irrigation, forestry, drinking water,
basic and primary education, primary health care etc while I GOs focus on
awareness raising, group formation and credit, area development, health
and humanitarian assistance etc
FEATURES OF NGOS /INGOS:

1. Participatory planning:
2. Financial and technical assistance:
3. Development by the people and for the people:
4. Mass mobilization and creating awareness:
5. People as an active and responsible agent of development:
6. Income generation and empowerment:
7. Lacks long time perspective and low area coverage
8. Welfare, basic human need and sustainability
9. Priorities in rural area, remote area, poor, disabled and women:
AREAS OF INGOS/ NGOS ACTIVITIES:

1. Emerging Health Crises


2. Community Social Problems
3. Environmental
4. Economic
5. Development
NGOS IN NEPAL
 The concept ofNGOs is not new to the Nepalese people. Ancient social institutions like Guthi,
Dhikuti, Parma, Dharmabhakari, Murdaguthi, Pujaguthi, Pati, Pauwa, Kuwa Rotating credit
associations or self-help banks were run by different communities.
 "Shree Chandra Kamadhenu Charkha Pracharak Mahaguthi" is considered as the first NGO to be
formally established in Nepal with the objective of social work. It was established in 1983 B.S.
Similarly, the "Charkha Pracharak Sanstha" established in 1985 B.S by Tulshi Mehar Shrestha can
also be regarded as an NGO.
 In 2004 B.S, social worker Dayabir Singh Kansakar had established a "Paropakar Aushadhalaya
(Now known as Paropakar Sanshtha) regarded as an NGO, to help the physically incapacitated
people.
 It was only after the political turnover during 2007B.S. that the NGOs were established in a formal
and organized manner. In this regard, the first elected government in 2016 B.S adopted Association
Registration Act 2016. This Act has profound importance in the history of the NGOs. But, while the
people were still to know about the NGOs, and as the foundation of democratic government was in
the process of setting up, Late King Mahendra adopted the Panchayat system on Poush I, 2017 B.S
by restricting establishment of political parties and organizations/institutions. Then the status of the
nongovernmental organizations became weak. Still, during the time of Panchayat system social
organizations like Paropakar, Red Cross, Nepal Jaycees etc were established. Likewise, the tradition
of nominating the Royal Family members as the Chairperson ofsuch organizations started (Ghimire,
2001)
KINDS OF NGOS IN NEPAL

1. National welfare oriented NGOs Some wellfare oriented NGOs operate on a national
scale and have long histories. Nepal Red Cross Society, Family Planning Association of
Nepal, Nepal Netra Jyoti Sangh, Nepal Anti T.B. Association are some examples of the
welfare oriented NGOs in Nepal.
 2) Professional NGOs These kinds of NGOs are generally staffed with highly qualified
personnel. Most of the professional NGOs are involved in research and action programs.
Institute of Integrated Development System (liDS), Rural self-reliance Development
Centre (RSDC), Nirdhan, etc. are some examples of professional NGOs.
 3) District!Village based NGOs These kinds of NGOs have often evolved out of the
effort of a single charismatic leader. The leader is usually involved in various activities
of the organization including fund raising, planning, coordinating as well as
implementing. Their plan depends upon the availability of donation. Thus, long term
visions are often missing and they often have to be guided by the interests of the donors.
Social and health and environmental institutions are the examples of district! village
based NGOs.
 INGOs in Nepal I GOs have been recognized as important avenue
for development promotion. A large number of I GOs operate in
Nepal. The United Mission to Nepal (UM ) and Helvetas have
 Save the Children
 Search For Common Ground/SFCG Nepal
 Shangrila Home
 Shapla Neer
 Shia in Nepal
 SNV Nepal
 SolHimal France Nepal
 South Asia Partnership International
 Stichting Veldwerk, the Netherlands
 Terre des Hommes
 The Asia Foundation
 Helvetas Nepal
WEAKNESSES OF NGOS AND INGOS:
1. Lack of sustainability:
2. Covers limited sectors only or less coverage:
3. Lack of local people's actual need in the programs:
4. Lacks social welfare motive:
5. Lack of execution offset goals:
6. Political affiliation (affiliation to certain political parties):
7. Lack of special provision to establish a NGO:
8. Lack of coordination:
9. Lack of monitoring:
10. Differences in Setting of priorities:
11. Change (modification) in local culture and technology:
12. High expenditure in remuneration of foreign experts:
13. Not able to reach the targeted people:
14. Lack of accountability
15. Lack of transparency:
 International Non- Governmental Organization (“INGOs”) and
Non- Governmental Organizations (“NGOs”) operating in Nepal
need to be compulsory registered/get affiliation from Social Welfare
Council (“SWC”) of Nepal. Along with the registration/affiliation
they need to file the regular annual submission to SWC and other
required government agencies. Imperial Law Associates have well
experience lawyers advising NGOs and INGOs in Nepal.
FOLLOWING ARE THE LIST OF SERVICES THAT IMPERIAL LAW
ASSOCIATES PROVIDES TO INGOS AND NGOS

 Registration NGOs before SWC,


 Receiving the affiliation of INGOs before SWC,
 Drafting and approval of General Agreement and Project Agreement from SWC,
 Filing of regular compliance submissions to be made at District Development Committee, Social
Welfare Council, and District Administration Office,
 Advising on exit strategies and closure of projects,
 Visa and work permit processing for INGO expatriates and country representative,
 Provide advice to the INGO in relation to dealings with local partners and advise on the local
partners compliance requirements in relation to agreements with them,
 Attend all official meetings of the client with government entities as necessary,
 Drafting, reviewing and negotiating the agreement of INGOs and NGOs,
 Drafting the HR policy, employment agreement and provide advice on labor issue of INGOs and
NGOs,
 Keeping up to date with the regulatory or statutory changes in policies that might affect the INGOs
and NGOs,
 Provide legal advisory on any potential disputes with third party for INGOs and NGOs
IMPLICATIONS OF NGOS/ INGOS ON BUSINESS:

1. Innovation
2. Program Flexibility
3. Specialized technical Knowledge
4. Targeted local public goods
5. Common property resource design and implementation
6. Trust and Credibility
IMPLICATIONS OF NGOS AND INGOS ON ECONOMY:

1. Survival aid
2. Technical aid
3. Financial aid
4. Educational assistance
5. Infrastructure assistance
6. Legal assistance
IMPLICATION IN ECONOMY AND BUSINESS:

 Democracy is fundamental requirement to ensure business activities


in an economy.
 Democratic constitution provides sufficient environment for
business policies.
 Direction of overall policies and development of business
environment are the major responsibilities of political parties.
 Local self governance creates autonomy in the localities so as to
mobilize various local means and resources of the particular
locality.

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