Constitution

Nepal 2015 Constitution (reviewed 2016)

Table of Contents

PART 18. Local Legislature

221. Legislative Power of Local Level

  1. The legislative power of the local level shall, subject to this Constitution, be vested in the Village Assembly and Municipal Assembly.
  2. The legislative power of the Village Assembly and Municipal Assembly shall be as enumerated in Schedules-8 and -9.

222. Formation of Village Assembly

  1. There shall be a Village Assembly in each Village Council.
  2. The Village Assembly referred to in clause (1) shall comprise a village executive Head, a Deputy Head and four members elected from every Ward of the Village council and member of the village executive elected from the Dalit or minority community pursuant to clause (4) of Article 215.
  3. The Village Assembly to be constituted pursuant to Clause (1) shall have the representation of at least two women from every Ward of the Village Council.
  4. One ward committee comprising of one ward Chairperson and four members shall be formed in each ward of the Village council as provided for in Federal law. The election of the ward Chairperson and members shall be held on the basis of the first past the post system.
  5. Every person who has attained the age of eighteen years and included in the voters list of the Village Council shall be entitled to vote as provided for in a Federal law.
  6. Any person who possess the following qualifications is eligible to become a candidate for the post of member of the Village Assembly:
    1. be a Nepali citizen,
    2. have attained twenty-one years of age,
    3. be included in the voter’s list of the Village Council, and
    4. not deemed ineligible by any law
  7. Elections to the Village Assembly and other matters pertaining thereto shall as provided for in the law.

223. Constitution of Municipal Assembly

  1. There shall be one Municipal Assembly in each Municipality.
  2. The Municipal Assembly referred to in clause (1) shall comprise the Mayor and Deputy Mayor, ward Chairperson and four members elected from every Ward of the Municipal council and member of the Municipal executive elected from the Dalit or minority community pursuant to clause (4) of Article 216.
  3. The Municipal Assembly to be constituted pursuant to Clause (1) shall have the representation of at least two women from every Ward of the Municipality.
  4. One ward committee comprising of one ward Chairperson and four members shall be formed in each ward of the Municipality as provided for in Federal law. The election of the ward chairperson and members shall be held on the basis of the first past the post system.
  5. Every person who has attained the age of eighteen years and is included in the voters list of the Municipality shall be entitled to vote, as provided for in a Federal law.
  6. Any person who possesses the following qualifications is eligible to become a candidate for the post of member of the Municipal Assembly:
    1. be a Nepali citizen,
    2. have attained twenty-one years of age,
    3. be included in the voter’s list of the Municipality, and
    4. not deemed ineligible by any law.
  7. Elections to the Municipal Assembly and other matters pertaining thereto shall as provided for in the Federal law.

224. Chairperson and Vice-Chairperson of Village Assembly and Municipal Assembly

The Head and Deputy Head of the Village Executive and the Mayor and Deputy Mayor of the Municipal Executive shall carry out the transaction of business as Chairperson and Vice-Chairperson of the Village Assembly and Municipal Assembly respectively.

225. Term of office of Village Assembly and Municipal Assembly

The term of Village Assembly and Municipal Assembly shall be five years.

226. To form laws

  1. The Village Assembly and Municipal Assembly shall make necessary laws on the subjects mentioned in the list of competencies of the local level pursuant to Schedule-8 and 9.
  2. The procedure of drafting of laws pursuant to Clause (1) shall be as provided for in the Provincial law.

227. Other provisions related to Village Assembly and Municipal Assembly

The operation of the Village Assembly and Municipal Assembly, meeting procedures, formation of Committees, condition of vacation of the post of members, the benefits entitled to members of the Village Assembly and Municipal Assembly and other arrangements of the Village Council and Municipality personnel and office shall be as provided for in the Provincial law.