Provincial govt undermines laws of local govts

Published On: September 28, 2018 07:25 AM NPT By: Devendra Basnet

DANG, Sept 28: Shantinagar Rural Municipality of Dang formed 18 local level laws in line with the draft laws sent to the rural municipality by the federal government. 

The rural municipality even started taking action in line with the 18 laws that included laws on education. 

But the provincial government did not find the law formation and enforcement by the local level convenient. 

As a result, the rural municipality had to face a case at high court when it started forming school management committees in line with a law. 

The court has instructed the rural municipality to not enforce the laws.

“We were permitted to form laws in accordance to the draft laws yet we face action from the court for enforcing the laws,” Chairperson of the rural municipality Kaman Singh Dangi said, “According to the rule that directs us not to form laws before the provincial government forms its own laws, we will now have to keep our laws on hold.”

Dangi had drawn the attention of the provincial government towards the problem faced by the local bodies due to the provincial government’s failure to form its laws during a meeting of local representatives on Tuesday and Wednesday hosted by the provincial government. In the meeting, the provincial government had informed the local bodies that they are not allowed to form their laws before the provincial government forms their own laws. 

“The Chief Minister told us that 15 provincial laws have been formed till now,” Dangi said, “But we do not know what those laws are. 

When will all of the provincial laws be formed and when will we be allowed to form our local laws?”

Dangi said that the local bodies have been criticized by the locals due to its failure to enforce its own laws. 

“On one hand, we are not allowed to form the local laws,” he said, “On the other, the locals have been asking for services which we cannot provide without the formation of the laws.”

A legitimate way has not been paved for the local levels to form their own laws. 

Since, there is no legitimate way; the local levels have been forming their laws on their own. 

As a result, many of the local levels have been facing cases at courts. There are more than three dozens of cases filed against the local levels at the high court. 

The provincial government should be the one to pave a legitimate way for the local levels to formulate their laws but the provioncial assembly has not been able to form its own law for the last one year. 

Even though this year has been declared as the year of formation of laws in Province 5, the provincial assembly could not been held for a month.

According to member of the provincial assembly Indrajit Tharu, there is very less possibility that the next assembly will be held before Dashain. 

“The assembly could not be held in the last month,” he said, “Due to the lack of business, it is very unlikely that the assembly will be held before Dashain.”


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