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Administrative System in Nepal

Technical Report · February 2019

DOI: 10.13140/RG.2.2.19438.25923

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MPA 508: Administrative System in Nepal By: Ishwor Thapa

A Study Note on:

MPA 508: Administrative
System in Nepal

Compiled By:
Ishwor Thapa
Roll No: 49/2074
Second Semester
Tribhuvan University
Public Administration Campus
Balkhu, Kathmandu, Nepal

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purpose
MPA 508: Administrative System in Nepal By: Ishwor Thapa [1]

UNIT-1
Administrative System in Ancient Period: Kirat, Lichhavi, Malla Period

Ancient History of Nepal: (Period ancient to 880 C.E or A.D)

The history of Nepal dates back to 11000 years. The recent excavation in the Kathmandu valley
has found out Neolithic tools. These tools were used at the advent of Neolithic era and many of
them date back to 9000 B.C. This tells about the pre-Aryan settlement in the then Nepal. These
people were of Bhutanese-Mongoloid parentage. Nepal once again gets mentioned in the Hindu
epic of Ramayana. It is said that Janakpur, in the Tarai Nepal, has been the birthplace of Sita, the
wife of Rama. Nepal is mentioned as Kirat Pradesh in the epic Mahabharata that is said to be
composed around 1000 B.C. This place has been mentioned many a times in the epic. It is
mentioned that the concerned king supported Kaurvas against the Pandavas in the battle. In the
years around 500 B.C, Nepal had many small kingdoms and the most powerful among them
were Shakyas of Kapilvastu. It was in the house of one of the Shakya kings that Gautam
Siddhartha was born. He got the name of Buddha when he was enlightened. In the later era
Nepal fall under the rule of the Maurya. Ashoka finds mention in many of the rock edicts. In the
post-Christ era, the Licchhavis of Bihar ruled Nepal. There are many historical edicts that glorify
the reign of Licchhavis.

The Medieval History of Nepal: (Period 880 C.E (937 B.S.) to 1768 C.E
(1825 B.S))

The period in between 937 B.S.( Nepal Sambat was started and emergence of Malla dynasty) to
1825 B.S.(victory of Kathmandu valley by king Prithivinarayan Saha) was considered as
Medivail Period. Nepal remained largely undisturbed in the medieval period. Mallas used to rule
Nepal and were largely confined to their own territories. In the sultanate era, there were some
attempts of assault on Nepal but they were met with sporadic successes only. The relief and the
climate of Nepal have always served as its military generals. It was king Jaisthitimalla who tried
to bring Nepal under one reign in the late 14th century. The unification was short-lived and
Nepal got divided in to 3 kingdoms namely, Kathmandu, Patan and Bhadgaon. Apart from these,

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [2]

in the medieval period, Nepal was largely peaceful. May be that lull was going to bring a severe
storm.

The Modern History of Nepal:(Perid 1768 C.E (1825 B.S) to Present)

The modern history of Nepal starts with the establishment of the Gorkha kingdom by Prithvi
Narayan Shah in the 18th century. From 1765 the Gorkha king started unifying all the lands and
states and ethnicities of Nepal, and it’s varied land, split into mountains, and of Hindu and
Buddhist majority areas, into modern Nepal. He was largely successful in his attempts of
invasion. He annexed a large area of Bhutan and Tibet. His designs were later put to action by
his successors. Their attempts hit a roadblock at the advent of the 19th century. The British East
India Company got apprehensive of their maneuvers and took them head on. The kingdom was
soundly humiliated and routed in the Anglo-Nepalese war of 1816. They had to agree to some of
the very insulting terms, on the negotiation table. They conceded the entire Gadhwal and
Kumaon region to the British India. In the same decade, Jung Bahadur, one of the valiant
generals of Shahs tried to topple the regime. The queen met the efforts with the bloody counter
initiatives. This led to various massacres on both sides. The Kot massacre is considered to be the
bloodiest of them all where close to 30,000 Nepalese were chopped to death in matter of hours.
This started the century long conflict between the Shahs and Ranas, the descendants of Jung
Bahadur. In later years close to 20th century, both the warring dynasties established matrimonial
relations between them and started to rule Nepal jointly.

1. Kirta Period: (Period 800 BCE to 300 CE around 1225 years)

Introduction:
The context of Kirats ruling in Nepal before Licchavi Dynasty and after Mahispal or Ahir
Dynasty can be found in different manuscripts.
Mentioning the area between Sun Kosi and Tama Kosi as their native land, the list of Kirati
kings is also given in the Gopal genealogy.
Extended their kingdom as far as the Tista river in the east and the Trishuli in the west.
By defeating the last king of Ahir Dynasty Bhuwansingh in a battle, Kirati King Yalung
or Yalamber had taken the regime of the valley under his control.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [3]

In the Hindu mythological perspective, this event is believed to have taken place in the final
phase of Dwaparyug or initial phase of Kaliyug or around the 6th century BC.
We can find descriptions of 32, 28 and 29 Kirati kings according in Gopal genealogy, language-
genealogy and Wright genealogy respectively. By means of the notices contained in the classics
of the East and West, we are assured that Kiranti people was forth-coming in their present abode
from 2000 to 2500 years back, and that their powers was great and their dominion extensive,
reaching possibly at one time to the delta of the Ganges.
Kirat came to Nepal in about 700 B.C. and ruled over it. They were short and had strong bodies,
broad checks, flat noses, thin whiskers (dari junga), and dark eyes. They were well trained in the
art of warfare, and were very skillful archers. They were the ancestors (purkha haru ) of the
present day Kiratas: – Kulung, Thulung and Yellung.
• Yalamber, the first Kirati king of Nepal belonged to the Yellung clan.
• Kirati are very primitive tribes.
• The Limbu, Sunuwar, Yakkha, Rai, few segments of the Bahing, Kulung, Khaling,
Bantawa, Chamling, Thulung and Jerung and other related ethnic groups.
• They had been mentioned as brave warriors in various ancient Mythological manuscripts.
• The Kirats have been mentioned not only in the different genealogies of Nepal, but also
in the Puranas. From the sources like genealogies, Pashupati Purana, Nepal Mahatmya,
Skanda Purana etc.
• Yalambar is regarded as the founder of Kirat monarchical dynasty. He was very brave.
He had established the Kirat regime by defeating Bhuwansingh, the ruler of Mahispal
dynasty.
• In some contexts he is also found to be said as ‘Yalung’. It is also believed that Yal , the
old name of Patan city was named after him.
• The posture of Kirati king Yalambar is important in Kathmandu in historical as well as
religious perspective.
• He had made related to Indra Jatra, a popular carnival of Kathmandu.
• Likewise, the head of ‘Akash Bhairab’, which is shown at Indra Chowk, is also
worshipped as the idol of Yalambar.
• Humati was the sixth King of Kirat dynasty. He has been mentioned as ‘Hunti’ in Gopal
genealogy. Humati is regarded as the Kirati King contemporary to the period of war of

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [4]

Mahabharat. Legends are found that during his regime a war was fought between Kirat-
faced Mahadeva and Arjuna. But types of legends can be admitted only as fictions.
• Jitedasti was regarded as seventh of Kirati Kings.We can find the context of visit of
Gautam Buddha in Kathmandu during his period.
• In some of the genealogies it is found that Ashoka, the emperor of Maurya, had come to
Nepal during the regime of Kirati King Stunko.
• Sthunko: On the basis of other evidences, Ashoka had visited only Lumbini and
Kapilvastu. Obviously, In order to preach Buddhism, Ashoka had sent peoples to
different countries. He might have sent somebody to Nepal.
Kirat ruled over and capital:
During this 1.Yalambar 2.Pari 3. 3.Skandhar 4.Balamba 5.Hriti 6.Humati 7.Jitedasti 8.Galinja
9.Oysgja 10.Suyarma 11.Papa 12.Bunka 13.Swawnand14.Sthunko 15.Jinghri 16.nane 17.luka
18.Thor 19.Thoko 20.Verma 21.Guja 22.Pushkar 23.Keshu 24.Suja 25.Sansa 26.Gunam
27.Khimbu 28.Patuka 29.Gasti
• Long period altogether 29 Kirat Kings ruled over the country for 1225 years from 800
BCE to 300 BC.
• When Kirats occupied the valley, they made Matatirtha their capital.
• 28th Kirat King Patuka was ruling in the valley, the Sombanshi ruler attacked his regime
many times from the west. Although he successfully repelled their attacks.
• he was forced to move to Shankhamul from gokarna. He had built a royal palace called
"Patuka" there for him.
• The 'Patuka' palace is no more to be seen now except its ruins in the form of mound.
Patuka had changed Shankhamul into a beautiful town.
• Kirats moved to the Eastern hills of Nepal and settled down divided into small
principalities.
• Their settlements were divided into there regions, i.e.
• 'Wallokirat' that lied to the East of the Kathmandu,
• 'Majkirat' or Central Kirat region and
• 'Pallokirat' that lied to the far East of the Kathmandu valley. These regions are still
heavily populated by Kirats.
Major Kings of Kirat Period:

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 MPA 508: Administrative System in Nepal By: Ishwor Thapa [5]

1 . Yalambar
Yalamber is regarded as the founder of Kirat monarchical dynasty. He was very brave. He had
established the Kirat regime by defeating Bhuwansingh, the ruler of Mahispal dynasty.
In some contexts he is also found to be said as ‘Yalung’. It is also believed that Yal , the old
name of Patan city was named after him.
The posture of Kirati king Yalambar is important in Kathmandu in historical as well as religious
perspective.
He has also been made related to Indra Jatra, a popular festival of Kathmandu. Likewise, the
head of ‘Akash Bhairab’, which is shown at Indra Chowk, is also worshipped as the idol of
Yalambar. Some of the sources of Nepal stated Yalamber as a Kirati King having some essence
of lord Mahadeva.
2 . Humati
Humati was the sixth King of Kirat dynasty. Humati was regarded as the Kirati King
contemporary to the period of war of Mahabharat. King Hunati was regarded as a good king.
3 . Jitedasti
Jitedasti was regarded as seventh of Kirati Kings. Visit of Gautam Buddha in Kathmandu during
his period. Kirat kind welcomed Lord Gautam Buddha and Give due respect to Buddha and
Buddhism.
4 . Sthunko:

Sthunko was regarded as 14th king of Kirat Period. In some of the genealogies it was found that
Ashoka, the emperor of Maurya, had come to Nepal during the regime of Kirati King Stunko.
On the basis of other evidences, Ashoka had visited only Lumbini and Kapilvastu.
Obviously, In order to preach Buddhism, Ashoka had sent peoples to different countries. He
might have sent somebody to Nepal.
5 . Gasti
Gasti was regarded as 29th and Last king of Kirat Period. Lichhavi kind had defeated the Gasti
and started to rule in Kathmandu Valley.
The Kirat Administrative system:

(1) The polity:

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [6]

In Northern Bihar there was the republican system of Lichhivis under the confederation called
VIRJI SANGHA, which lasted 200 years. According to Babu Ram Acharya(Nepal ko
Samchhipt Britant p.4) Under the influence of VIRJI SANGHA the kirat had also established a
democratic political system in ancient Nepal. However After the conquest of VIRJI SANGHA
by Ajatasatru, the king of Magadha the Kirat converted ancient Nepal into a Kingdom under
monarchical rule.

(2) Official Language:

The name some of the offices of Lichhivi period was as Mapchok and Kuther that was originated
in Kirat period which was derived from Kirat language. Therefore, in Kirat period the official
languages was Kirati.

But at the time of Kirat there were many Kirati Sanskrit scholars therefore they assume that the
official language was Sanskrit.

• Their languages belong to the Sino- Tibetan family of languages.

• The original inhabitants of the dooars region of india, the Koch rajbangshi and mech, also
claim to be kirats as do the bodokachari people tribes of assam. They derive their tittles
from the original place of their dwelling, “Koch” from the koshi river, “mech” from the
mechi river and “kachari” is derived from kachar, which means “river basin”. The basis
of these claims relies on the fact that they are mongoloids.
(3) Central administration:
The central administration:

• The King (The Hang)

• Ministers (Tumyang)
• Council of states (The Chumlung): The King (The Hang) , Ministers (Tumyangs),
High-level Army Officers (Thaktumbas) and two other elected from people
(Pasing Padang)
(4)Some major policies of Kirat Rulers:
• Relationship between Central and Local Administration;
• Military Organization;

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [7]

• Administrative and Judicial Affairs;

• Taxation Policy and
• Some social and Religious Affairs
THE HANG
During the days of Kirata the administrative system was based on Monarchy with a
strong democratic favor.
• King (Hang) used to run the entire administration of the country from his royal palace
located at Gokarna.
• The king was head of the state as well as head of the government.
• The king has legislative, executive and judicial powers.
• The kingship was based on divine theory.
• The king was considered as the representative of the God (Ningwaphuma).
• Kirat king did not rule arbitrary.
• Religious belief was that no decision will be made arbitrary, not by the force.
• The king had to follow the traditions and beliefs.
• The king had to take the interest of the people.
COUNCIL OF THE STATE (The chumlung)
• The king used to chairthe meeting.
• The king ( Hang)
• Tumyangs (Ministers)
• Thaktumba (High-level army officers
• Two others members (Padangs) elected by the people
MAJOR FUNCTIONS OF COUNCIL OF THE STATE (The chumlung)
• To advise the king,
• To provide information the king
• To formulate policies in national issues,
• To enact rules and regulations.
• To guide the entire administrative system of the country.
TUMYANG(Ministers)
• The ministers was appointed by the king.
• They were also appointed the assistants and advisors of the state affairs by the king.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [8]

AREA ADMINISTRATION
Relationship between central and local administration:
The country was divided into different districts named THUMS.
Thums had autonomy in administration.
Each THUM has a Governor.
Governor was mini -king.
The main functions of Thums:
(i) Thum ( a cluster of villages)
• Administrative system was largely based on principles of local autonomy.
• Central administration covered mainly defense and foreign affairs.
• In case of external invasion all the Thums under the guidance and leadership of the
central government had to fight unitedly against the invaders.
TREATY WITH ANY FOREIGN COUNTRY
• The central government had to take Thums consent to sign a treaty with any foreign
country.
• Mini – kings of Thums enjoyed large extent of autonomy within their area or Jurisdiction.
Their functions were to maintain law and order and settlement of disputes of the local
people.
MILITARY ORGANIZATION:
• Compulsory military training to each 12 years old male Limbu;
• To recruit one soldier (Thaksuwa) from the sons of each Limbu family once they attains
the age of 18
• To appoint one military supervisor (Thakpewa) for each village having 300 soldiers)
• To appoint one Thaktumba for each group of five military supervisors commanding 1500
soldiers.
• To allocate land to Thaktuma for the maintenance of their own livelihood as well as the
maintenance of livelihood of other offices and soldiers under them ; and
• To authorize the Thaktumba for the appointment and dismissal of army supervisors and
soldiers
• Kirata had systematic Military organization. It was based on sound principles and
policies.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [9]

ADMINISTRATIVE AND JUDICIAL AFFAIRS:

• Primary function of Government.
• To maintain peace and security.
• Violence was considered SIN.
• Who creates violence in the society were given severe punishment.
• There was provision of death punishment.
• Miscreant.
• Criminals were forced to take oath ( sapath) before God not to repeat their crime.
• Rebels ( bidrohi) were expelled ( niskasit ) from the country.
• A thief was punished by forcing him to keep his hands in hot boiling water
JUDICIAL
• Judge was selected on the basis of his knowledge.
LAW:
1. Customary law and royal edicts were also sources of law.
2. The Legal and Justice System of Kirat period can be understood from the Kirat Veda viz
“Kirata Mundum.”
3. Mundum was just like four Vedas of Aryans.The early 6th century B.C. has been
accepted as the initial period of Kirat region in Nepal. In early Kirat society, the Mundum
was the only law of the state.
TAXATION:
• Every person had to pay one tenth of the production of his land.
• Taxes were on sale, production of the forest.
CIVILISATION AND CULTURE:
• The long rule of Kirats manifests that were strong and well organized people.
• Policies on social affairs.
• Their society, administrative system and economy were well organized.
FREE AND OPEN SOCIETY
• Kirats enjoyed a free and open society. There was no gender discrimination.
• To facilitate justice system in the public, law courts were established at many places and
effective laws were made to deal with crimes and offences.
TRADE

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [10]

• Nepal had trade link with India, Tibet, then a free country and China.
• Nepali businessmen carried out trade with these countries.
• Nepal chiefly exported wool, woolen goods, timber and herbs.
• Chanakya has mention in his famous book "Kautilya Arthasastra" that Nepali blankets
had a big market in bihar then called Magadh.
• As there was more financial prosperity in trade.
BUSINESS
• More people were engaged in business than in agriculture.
• This factor also led the migration of people of different racial origin with their own
customs and cultures to Nepal.
• In course of time, these people merged into the main national stream and the part and
parcel of one nation the helped to create and develop a healthy feeling of nationalism.
RELIGION:
• By religion, Kirats were originally nature worshippers.
• They worshipped, the Sun, the moon, rivers, trees, animals and stones. Their primeval
deities were Paruhang and Sumnima.
LIBERAL
• Kirats were quite tolerant and liberal to other religions. That’s why Buddhism flourished
during the Kirat rule in Nepal. Buddhism had enkindled a new interest and attitude
among the people.
DEVELOPMENT:
• Kirats had also built many towns. Shankhamul, Matatirtha, Thankot, khopse, Bhadgoan
and Sanga were prosperous cities with dense population.
• Thus it can be safely said that the Kirat period had paved the way for further development
and progress of Nepal in all sectors in future.
POLICIES ON SOCIAL AFFAIRS:
a)Population
b) Marriage and divorce
c) Religious affairs
A) POPULATION

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [11]

• Kirata had strong military system and they need to recruit more people to strengthen
army.
• They adopted policy of increasing population.
• Non Limbu people were to be brought into the Limbu people.
• Those people defeated by the Kirata were also to be converted into Limbu group and
were allowed to settle in cultivated land.
B) MARRIAGE AND DIVORCE
Marriage:
• The Limbu men were allowed to marry non Limbu women.
• The council of state could legalize the marriage on the petition of their father.
• The village headman had the authority to register the marriage.
• They had to pay certain marriage registration fee.
• The deputy headman would be the witness to such marriage.
Divorce:
• There were two types of divorce:
• KHEMONG: divorce by husband on the ground of wife’s immoral character.
• NAJONG: divorce by wife of husband’s immoral character.
• The divorced wife would be considered as unmarried lady.
C) RELIGIOUS AFFAIRS:
• Main God: NIGWAPHUMA
• God was to be worshipped for the protection of the family members, for the welfare of
eldest member of a family and for the welfare of the neighbor and villagers.
CONCLUSION
The kirat period is the dawn of the Nepalese History. Lack of reliable evidence and inscriptions
the kirat Period is a dark and prehistoric period of Nepalese History. No proof has been found
regarding of the antiquity of the kirat People. Kitats are mentioned in the Mahabharat they are of
Tibeto- Burman families living between the Himalayas and the genetic plain.
Kirata rulers used to rule with the help of customary law based on traditions, socio cultural
values and beliefs.Kirata administration was based on traditions, socio-cultural values and
beliefs.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [12]

2. Lichhavi Period:
Licchavi (also Lichchhavi, Lichavi) was an ancient kingdom on the Nepal, which existed in
the Kathmandu Valley from approximately 400 to 750 CE. The Licchavi clan originated
from Vaishali and Muzaffarpur in modern northern Bihar, India and conquered Kathmandu
Valley.

The language of Licchavi inscriptions is Vajjika, and the particular script used is closely related
to official Gupta scripts, suggesting that the other major kingdoms of the Classical Period to the
south were a significant cultural influence. This was likely through Mithila, a region now
situated mainly in India with a small part in Nepal.

The kings of Lichhavi dynasty (originated from Vaishali of modern Bihar of India) have been
found to rule Nepal after the Kirat monarchical dynasty. The context that 'Suryavansi Kshetriyas
had established new regime by defeating the Kirats' can be found in some genealogies and
Puranas. It has been written in Gopal genealogy that 'then, defeating the Kirat King with the
impact of Suryavanshi, Lichhavi dynasty was established in Nepal'. Likewise, It has been written
in Pashupati Purana that 'the masters of Vaishali established their own regime by confiding
Kiratis with sweet words and defeating them in war. Similar contexts can be also found in
'Himbatkhanda'. That purana also mention that 'the masters of Vaishali had started ruling in
Nepal by defeating Kirats'. In this way, Lichhavi's regime seems to have started in Nepal
subsequently after the regime of Kirats. However, different genealogies have found to be stating
different names of last Kirati King. The Lichhavi monarchical dynasty was established in Nepal
by defeating last Kirati King 'Khigu', according to Gopal genealogy, 'Galiz' according to
language-genealogy and 'Gasti', according to Wright genealogy.

Short Description of Kings of Lichhavi Period:

1. MANA DEVA

Mana Deva was the most famous king among the Lichchhavi rulers. Historians differ about the
period of his rule. However, according to the inscriptions of Changunarayan temple, Mana Deva
ruled Nepal from 464 A.D. to 505 A.D. ( 521-562 B.S.).

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [13]

Mana Deva was the son of Dharma Deva. He was brave and courageous. He had acquired good
skill in the art of warfare. He was a lover of art and architecture as well. While he was a mere
child Dharma Deva died. His mother Rajyavati was about to immolate herself on the funeral pyre
along with her dead husband (to become a satee), but at the request of Mana Deva she lived to
nurture and inculcate good qualities in him.
Mana Deva was only a little boy when he ascended the throne. Taking this advantage, the
Thakuri governors of the eastern provinces rebelled and tried to be independent. But he amassed
his troops and suppressed the rebellion. Then he marched towards the west and occupied many
provinces. With the help of his maternal uncle he invaded Mallapur, across the Gandaki river and
annexed it to his kingdom. Thus his kingdom was extended up to the Himalayas in the north, the
other side of the Gandaki in the west, the Koshi, in the south.
Mana Deva and his mother Rajyavati performed many religious sacrifices, gave gifts to
Brahmans and worshipped Changu Narayan. Mana Deva was a great devotee of Lord Vishnu. He
also respected Buddhism. He built many Vihars and stupas in different parts of the country. He
erected an image of Tribikram Narayan at Lazimpat. He built a famous royal palace that was
called 'Mangriha' at Gokarna from where the administration of the country was conducted. He
also built the shrine of Changunarayan, and renovated the Chakra Mahavihar. He minted coins in
his name for the first time in the history of Nepal, and named them 'Mananka'. He was a bold,
handsome, strong and a liberal king. He was a wise administrator and the chief patron, guardian
and great supporter of his people. He is considered to be the first king of Nepal having historical
authenticity.
According to the inscription of Jaya Dev II, after Mana Deva, Mahideva and Basanta Deva
became the king of Nepal. A few generations after Basantadeva, Shiva Deva I, ascended the
throne of Nepal. According to Jagadish Chandra Regmi, Shiva Deva was the son of Mana Deva
II.

2. SHIVADEVA I

Shivadeva was another illustrious ruler of the Lichchhavi dynasty. He ascended the throne in
about 588 A.D. From the very beginning of his rule, he placed Amshuverma in charge of the
entire administration of the country. Shiva Deva I was impressed by Amshuverma's heroism and

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [14]

administrative ability. So, he gave his daughter in marriage to Amshuverma and made him
'Mahasamanta'. Then the dual administration was held for some time.

3. AMSHUVERMA

During the reign of Shivadeva, Amshuverma was the de-facto ruler. At the death of Shivadeva in
605 A.D. he became the sole sovereign and adopted the title of king. He belonged to the Thakuri
clan and thus he established the Thakuri dynasty in Nepal. He built 'Kailashkut Bhavan' at
Devapattan and transferred the seat of government from Mangriha to Kailashkut. He also minted
coins in his name.
Amshuverma was endowed with all the kingly qualities and virtues. He was a just, impartial and
an able administrator. He was a true servant of the people without any political bias. According
to some inscriptions, King Shiva Deva used to say that Amshuverma was a man of universal
fame and he always destroyed his enemies by his heroic nature. Some other inscriptions tell us
that he had a great personality, who dispelled darkness by the light of his glory.
Hiuen Tseng writes about him as a man of high accomplishments and great glory. He himself
was a learned man and respected scholar. He had written a book on Grammar in Sanskrit. The
great grammarian Chandraverma, a scholar of Nalanda University, was patronized by him.
He followed Shaivism but was tolerant towards all other religions. He can rightly be compared
with the Emperor Asoka of India as regards his political outlook and impartial feelings without
any religious prejudices. For the development of economic condition of the people he paid great
attention to the improvement of trade and commerce of the country. Nepal had trade relations
with India, Tibet and China and it became the thoroughfare of India's trade with China and vice
versa. He gave equal importance to industrial advancement and agricultural prosperity. He made
every effort to help the people by providing canals to irrigate the fields. He levied water tax, land
tax, defence tax and luxury tax. He used the income from these sources for the development
works of the country. He did not use it for his personal pleasure and luxury.
During the reign of Amshuverma, Harshverdhana of India and Srong Tsang Gampo of Tibet
were trying to extend their territories. Keeping Harshaverdhana at arms length he made a
metrimonial alliance with Tibet. He gave his daughter Bhrikuti in marriage to the Tibetan King
Srong Tsang Gampo. He also gave his sister Bhoga Devi in marriage to an Indian King Shur

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [15]

Sen. With all this political sagacity and far-sightedness; Amshuverma maintained the sovereignty
and independence of the country.
HIUEN-TSENG
Hiun-Tseng was a Buddhist monk of China. In about 630 A.D. he visited India via
Tashkent to study Buddhism. He stayed in India for 14 years and visited Varanasi, Gaya,
Kushinagar Kapilvastu and Lumbini. Though he did not visit Kathmandu Valley, he
visited Lumbini in about 637 A.D. He prepared a detailed account about Indian culture,
civilization and the successful administration of Harshaverdhana. He also noted down a
brief account about Nepal. He described Nepal in the following way :
This country, Nipolo is surrounded by snow-clad mountains, of an area of 4,000 Lee
(Chinese scale which is equivalent to 1067 km). The area of the capital is 20 Lee (about 6
km) Food and fruits are found in abundance. Copper, Yak and Mingming (Chinese name
of a bird) are also found here. Copper coins are used in trade. The people of this land do
not speak the truth. They are not dependable and trustworthy people. They have ill
manners. They are not educated but highly skilled in art and architecture. Their
appearance is not attractive and they do not look friendly. Apart from Buddhism, there
are also people following other religions. Buddhist stupas and Hindu temples are
constructed side by side. About 2,000 Buddhist monks have been studying here about
Hinayan and Mahayan of Buddhism. The regining king is of the Lichchhavi dynasty. He
possesses a wide variety of knowledge. He has a noble character. He has faith in
Buddhism. Recently, Anchufabo (Amshuverma) was ruling the country. His glory and
greatness is renowned. He has composed a book of Grammer. He respects learned and
talented people.
Hiuen-Tseng also mentioned an oil line to the south-east of the capital. This source
of oil was again metnioned by other Chinese travellers who visited Nepal during the reign
of Narendra Deva.
SUCCESSORS OF AMSHUVERMA
After the death of Amshuverma, Usay Dev I, son of Shivadeva, ascended the throne. He was
dethroned by his younger brother, Dhurba Dev. He went to Tibet and took shelter under Srong
Tsang Gampo. Jisnu Gupta, chief of the Avir dynasty, helped Dhruba Dev to acquire the throne.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [16]

Now Jisnu Gupta bacame powerful. Dhurba Dev ruled from Mangriha and Jisnu Gupta from
Kailashkut Bhavan. The administrative authority was in the hands of Jisnu Gupta.
Kailashkut Bhavan was the adminitrative centre of the country. Thus, there was a dual
government. Eventually, Jisnu Gupta became the de-facto ruler. He minted coins in his name as
Amshuverma had done, and declared himself the king of Nepal. After Dhurba Dev, a descendant
of Amshuverma was placed on the throne. But again Jisnu Gupta's son Bishnu Gupta became the
real ruler.

4. NARENDRA DEV

Narendra Dev was the son of Uday Dev II. Uday Dev had to take shelter under the Tibetan King
Srong-Tsang-Gompo. Narendra Dev, with Tibetan aid took revenge against the enemy of his
father and restored his ancestral throne by defeating Bishnu Gupta. Thus, he ended the double
rule and became the 7th king of the Lichchhavi dynasty. He ascended the throne in about 640
A.D. He was a wise and good ruler. He always wished to see his people happy and prosperous.
He was a man much given to sensual pleasure. He always wore Jewelled earrings in his ears. He
loved flowers and variety of perfume. It was he who brought the patron deity Machchhendranath
from Kamrup(Assam, in India). A Chinese Mission visited Nepal for the first time during his
rule in about 643 A.D. Again, in 647 A.D., a second Chinese Mission under the leadership of
Wang Hiun Tse visited Nepal. This Mission highly praised the development of Nepalese art and
architecture. Narendra Dev also sent a Mission to China with presents and messages of good
will.
Narendra Dev was a pleasure-loving king. He found pleasure in decorating himself, his palace
and his people. The people wore earplugs of bamboo and bone. They used utensils of copper.
They wore long and loose garments covering the whole body. The people were skilled in dramas
and playing musical instruments. They worshipped Panchayan i.e., five Gods- Ganesh, Shiva,
Bishnu, the Sun God and Goddess Durga. The houses were made of wood, decorated with
carving and paintings. The pictures of gods and goddesses and of different animals were carved
on the walls of the houses. Thus, the rule of Narendra Dev proved to be much advanced in all
fields, particularly in art and architecture. He died in 683 A.D.

5. SHIVADEVA II

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [17]

After the death of Narendra Dev, his son Shivadeva II ruled from 684 to 705 A.D. He married
Betsa Devi, the daughter of king Bhogaverma of Magadha. Due to this matrimonial relation, he
maintained a very good relationship with the powerful Magadha kingdom of India.

6. JAYA DEVA II

After Shivadeva II, Jaya Deva II ascended the throne. He married Rajyavati, the daughter of
King Harsha Dev of Koshal. He was a learned man and a great poet. When his mother Betsa
Devi offered a silver lotus to Pashupatinath he composed a hymn and inscribed the same on a
stone behind the huge brass image of Nandi (bull) in front of the temple of Pashupatinath.
During his rule Tibet made an unsuccessful attempt to invade Nepal, but was defeated at the
hands of the Nepalese. The Tibetan king was killed in the confrontation. Jaya Deva II ruled in
Nepal till 729 A.D.

7. ARAMUDI

Aramudi was also known as Baradeva. He made Lalitpatan (Patan) his capital, He was a brave
and clever king. According to Kalhan's 'Rajtarangini' King Vanayaditya Vinayaditya was a
powerful king of Kashmir from 770 A.D. to 800 A.D. He conquered many principalities of India
and then advanced to occupy Nepal in 782 A.D. When the troops of Jayapid reached the
Kaligandaki river ( near Ridi, in Palpa), Armudi's troops attacked the enemies. Jayapid ordered
the Kashmiri troops to cross the river. At that time, the water in the river was only knee-deep.
But when the invaders stepped into the river, the Nepalese troops let out the water that was
harnessed by a dam. Suddenly, the river was flooded and the enemies were swept away. Jayapid,
the king himself was arrested and imprisoned. Later on, when Dev Sharma the minister of
Jayapid, heard this news he came to Nepal and met the king. He organized the successful escape
of the king at the cost of his own life. It is said that he committed suicide and king Jayapida
Vinayaditya crossed the river with the help of Dev Sharma's dead body and reached Kashmir
with great difficulty.

CIVILIZATION AND CULTURE OF THE LICHCHHAVIS:

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [18]

There was peace and prosperity in the kingdom of Nepal during the rule of the Lichchhavis.
Before the rule of Lichchhavis, Nepal could not develop its culture, religion, economic condition
and administrative system, and lacked a skillful ruler. But, when the Lichchhavi period began in
Nepal there was a great change in the political condition and economic system of the country.
The Lichchhavi rulers were perfect in good administration. They built 'Man Griha' and
'Kailashkut Bhavan' as adminitrative centres. The Lichchhavi kings extended the boundry of
Nepal and maintained good relationships with India, China and Tibet. The important
achievements of the Lichchhavis can be discussed under the following heads :
1. Administration:
For the efficient administration of the country the Lichchhavis set up a council of ministers
headed by Mahasamanta. For administrative convenience, the kingdom was divided into
provinces, districts and villages.
There were law-courts to administer justice.
There were local bodies called the 'Panchali' to settle minor disputes and to carry out the public
utility services.
There were edifices like Mangriha and Kailaskut Bhavan from where the whole kingdom was
administered.
The administrative power was not centralized but was passed on to the local bodies, associations
and assemblies of the People.
The Lichchhavis had a well organized army. It consisted of the infantry, cavalry and elephant-
riders. Proper training was given to the army from time to time. During war, the king himself led
the army.
2. Foreign Policy:
The Lichchhavis maintained a good relationship with the neighbouring countries. Nepal had
trade relations with India, Tibet and China. Nepal also had become the thoroughfare between
India and China. The marriage of Bhrikuti and Srong Tsang Gampo resulted in a good
relationship between Nepal and Tibet. Nepal adopted a non-aligned foreign policy and
maintained friendship with her neighbouring countries : specially India, China and Tibet.
3. Social Condition:
Though the Lichchhavis were Hindus and there was a caste system in the society, other classes
of people were not neglected. There were Ahirs, Kiratas, Thakuris and Bhutias. There was inter-

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [19]

marriage among different classes of people. People gave co-operation to one another and
developed the sense of nationality. National unity was not hampered because of the difference of
caste, creed and dynasty. They had a great respect, faith and love for the king, whose main
function was to establish peace and order in the country. The king was also responsible for the
development of the kingdom. People lived simple and pious lives. Ornaments, house decoration
and entertainments formed part of the daily life of the people.
4. Economic Condition:
The main source of income of the government was taxation. The merchants had to pay custom
duty for the imported and exported goods. The vanquished countries had to pay tribute and war
indemnity. The cultivators had to pay land revenue. The main occupation of the people was trade
and commerce. Nepalese art and handicraft goods and other cottage industry products were
exported to Tibet, India and China. Some roads were paved with bricks. Horses, mules and
elephants were the means of transport. In the hills, people carried goods on their backs. People
wore ornaments of gold, silver and copper. In this way, Nepal had a sound economic condition
under the Lichchhavis.
5. Judicial System:
There were law courts to administer justice. Learned men were consulted to make laws.
Punishments were inflicted according to the gravity of the offence. There were different forms of
punishments. But most of them were of reformative type. Thieves, robbers, murderers and rebels
were punished severely. The local bodies like the Panchali also administered justice in the
adjudication of local petty cases.
6. Religion :
There was religious toleration. Even in the same family people worshipped different deities. The
Lichchhavi rulers were the followers of Hinduism, but they never hated Buddhism. However,
when Shankaracharya III came from India, he suppressed Buddhist and preached Hinduism. It is
said that he forced the Buddhist monks and nuns to get married and live together. He is also said
to have burnt 84,000 books on Buddhism. Despite these facts, the Nepalese people retained
Buddhism. Both Hinduism and Buddhism flourished in Nepal under the Lichchhavis and there
existed a mutual good will and understading among the followers of the two religions.
7. Literature, Art and Architecture :

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 MPA 508: Administrative System in Nepal By: Ishwor Thapa [20]

Sankrit was the official language. Sone of the Lichchhavi kings were scholars; Amshuverma had
composed a grammar in Sankrit and Jaya Deva had wrtten poems in Sanskrit. Threre was a great
development of art and architecture as well. Fine architectural structures like Mangriha,
Kailashkut Bhavan , the temple of Pashupatinath, Changunarayan, Bhadradivas, etc. testify this.
Similarly, the images of Tribikram Narayan, Dhumbarahi, and the metal works and crafts speak
of the excellence of Nepalese art in the Lichchhavi period.
In this way, Nepal made all-round development under the Lichchhavis. The Nepalese civilization
and culture was spread over to India, Tibet and China. The Nepalese society was also influenced
to some extent by other cultures and civilizations. For the efficient administration, peace and
harmony, the development of art and architecture and friendly relations with neighboring
countries the Lichchhavi period has been called the 'Golden Age' in the history of Nepal.

Why Lichhavi period has been called the 'Golden Age' in the history of Nepal? Explain.

• The Lichchhavi period is often synonymous with good governance (including dual governance
system) and administration.
• Peace, prosperity and stable political scenario during this period.
• Arts, culture, language, literature, architecture flourished to the optimum level due to love and
fondness of Lichchhavi dynasty King like Mandev and Amshuverma.
• Economic system was greatly developed and improved in this period. Mangriha and Kailashkut
Bhavan were major administrative centres.
• The Council of Ministers headed by “Mahasamanta” (PM equivalent) was set up.
• The whole kingdom was divided into provinces, districts and grams/villages for administration
purpose.
• Grams were the smallest units and provinces were the largest.
• Between grams and provinces; there were other administrative units such as pura (city), tala,
dranga, janapada and kotta.
• The two types of courts were set up:
• Civil courts to provide justice to civil society and
• Criminal courts to penalize criminals based on the frequency, nature and gravity of crimes and
offenses.

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 MPA 508: Administrative System in Nepal By: Ishwor Thapa [21]

• Punishments were reformative as well as severe.”Panchali’ was established to settle minor

disputes, carry out the public utility services and collect taxes for the King.
• The notable feature of this dynasty is decentralization of administrative powers and authorities
to local bodies, associations and assemblies of the people-which is absent in modern Nepali
system of governance.
• Army/military was well trained, managed and organized in this period. The military weapons
were well maintained and of high grades.
• The King used to lead his army himself in the battlefield.
• Army consisted of rank-and-files officials and
• infantry,
• cavalry and
• elephant-riders.
• The Lichchhavi Kings used non-aligned foreign policies / diplomatic policies with neighbouring
countries and avoided many wars through matrimonial relationships.
• Amshuverma avoided wars with neighboring countries India and Tibet by setting matrimonial
diplomatism. He married his sister Bhog Devi to Indian Emperor Sur Sen and daughter Bhrikuti
to Tibetan Emperor Tsrong-Tsang Gompo, which also pacified Indian Emperor harshavardhan
who was set to attack Nepal with his mighty armies.
• The national unity was not hampered even though there were many differences in caste, creed,
religion and dynasties (descendants of Gopalas, Mahispalas, Ahirs, Kirants,etc.) .
• Various taxes were levied on water, luxury items, imported/exported goods, animal husbandry
and collected revenues were utilized for the progress and development.
• There was no corruption and financial embezzlement
• Arts, paintings, crafts, cottage industries, trade, business, architecture, all flourished a lot during
the rule of Lichchhavi period.
• There was growth of religions and religious tolerance despite various attempts were made to
sabotage religious diversity and tolerance.
• Literature also developed in this period as Amshuverma wrote Sanskrit grammar and Jayadev-I
wrote some Sanskrit poems.

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 MPA 508: Administrative System in Nepal By: Ishwor Thapa [22]

• The major proofs of architectural magnificence of this dynasty were and are Changu-Narayan,
Mangriha, Kailashkut Bhavan, Bhadradhivaas, Pashupatinath, Trivikram Narayan, other three
Narayan temples, Dhumbarahi , metal works, vihars, gumbas and monasteries.
• Nepal made all round progress and development in this period.

• Coins were also minted for the first time in the history of Nepal during Lichchhavi dynasty.
• Before the introduction of coins, barter system was in effective.
• The internal and external security of the nation was prioritized by the rulers of this dynasty.
• There was good platform for the delivery of justice and penalizing the criminals based on the
gravity and nature of crimes.
• The things that were traded during the Lichchhavi periods were black waterproof blankets called
‘bhingi’ , handmade Nepali Lokta papers, handicrafts, metal crafts, wood crafts, paintings,
sculptures, etc.
• The Pagoda system was popularized in this dynasty. Bhrikuti played a role of catalyst in
spreading Buddhist religion and ideology in Tibet and China where , she was honoured as Green
star (Harit tara).
• Araniko popularized Pagoda style of architecture in China and impressed Chineses Emperor and
was awarded title of ‘Balbahu’.
• Various coins were introduced in this period by Mandev-I, Gunakama Dev, Amshuverma and
Jisnu Gupta.
 The major reasons for the Lichchhavi period being called as the “Golden Age/ period” of
Nepal’s history are as listed below:
 Efficient and effective governance and administration
 Peaceful status
 Harmony
 Religious tolerance
 Development of Arts, crafts and architecture
 Tax revenues
 Stability

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [23]

 Culture
 Matrimonial alliance and diplomatism
 Justice and Judiciary
 Internal and External security

3. Malla Period:(Period 880 C.E (937 B.S.) to 1768 C.E (1825 B.S))

The Mallas (literally "wrestlers" in Sanskrit). The Malla Dynasty was a ruling dynasty
of Nepal c. 1201–1769. It was during their reign that the people living in and around
the Kathmandu Valley began to be called "Newars" (or Nepa:mi in Nepal Bhasa, meaning
citizens of Nepal). The Mallas were the ruling clan of the Malla Mahajanapada. They have
claimed Kshatriya status themselves. The Mallas (literally "wrestlers" in Sanskrit) and their name
can be found in the Mahabharata and in Buddhist literature. The first of the Malla kings came to
power in Kathmandu Valley around 1200. The Malla period was a golden one that stretched over
600 years, though it was peppered with fighting over the valuable trade routes to Tibet.

History:

Early Malla period:

• Ari malla (reigned 1200–1216) was the first king to be so called, and the practice of
adopting such a name was followed regularly by rulers in Nepal until the eighteenth
century.
• (The names of the Malla kings were also written as, for example, Ari Malla.) This long
Malla period witnessed the continued importance of the Kathmandu Valley as a political,
cultural, and economic center of Nepal.
• Other areas also began to emerge as significant centers in their own right, increasingly
connected to the Kathmandu Valley.
• In the twelfth century, Muslim Turks set up a powerful kingdom in India at Delhi, and in
the thirteenth century they expanded their control over most of northern India.
• This process resulted in an increasing militarization of Nepal's neighbors and sections of
Nepal as well. For example, in western Nepal, around Dullu in the Jumla Valley, an
alternative seat of political and military power grew up around a separate dynasty of

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [24]

Mallas (who were not related to the Mallas of the Kathmandu Valley), who reigned until
the fourteenth century.
• The first Malla rulers had to cope with several disasters. In 1255, one-third of the
population of Kathmandu (30,000 people, including King Abhaya Malla) were killed
when the valley suffered an earthquake with the epicentre right below the city.
• A devastating Muslim invasion by Sultan Shams-ud-din of Bengal in 1345-46, during
the reign of Jayaraja Deva (r. 1347–1361), left plundered Hindu and Buddhist shrines in
its wake.
• Apart from this, the earlier Malla years (1220–1482) were largely stable. During the reign
of Jayabhimdev Malla in 1260, the eighty artisans were sent to Tibet.
• Among them was Araniko (1245–1306) who later rose to become a high-ranking official
in the court of Mongol leader Kublai Khan's Yuan dynasty.
• Araniko is the only person from this early Malla era whose biography is known to us in
some detail, thanks to the Chinese historical records.

Late- Period:

After the emergence of Jayasthiti Mall was considered as late Period approximately in 1380 C.E.

• Jayasthiti Malla (r. 1380-1396 A.D.)

• This period reached a high point under the third Malla dynasty of Jayasthiti Malla (r.
1380-1396), who united the valley and codified its laws, including the caste system. The
major improvements are:

Social Improvement: Firstly, he classified the occupation system and give responsibility
according to their cast.

TRADE:

• The early Malla period, a time of continuing trade and the reintroduction of Nepalese
coinage, saw the steady growth of the small towns that became Kathmandu, Patan,
and Bhadgaon.
• By 1370 Jayasthitimalla controlled Patan, and in 1374 his forces defeated those
in Banepa and Pharping.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [25]

• He then took full control of the country from 1382 until 1395, reigning in Bhadgaon as
the husband of the queen and in Patan with full regal titles.
• Authority was not absolute because the lords of Banepa were able to pass themselves off
as kings to ambassadors of the Chinese Ming emperor who traveled to Nepal during this
time.
• Nevertheless, Jayasthitimalla united the entire valley and its environs under his sole rule,
an accomplishment still remembered with pride by Nepalese, particularly Newars.
• The first comprehensive codification of law in Nepal, based on the dharma of ancient
religious textbooks, is ascribed to Jayasthitimalla. This legendary compilation of
traditions was seen as the source of legal reforms during the nineteenth and twentieth
centuries.
• After the death of Jayasthitimalla, his sons divided the kingdom and ruled collegially,
until Jayajyotirmalla, the last surviving son, ruled on his own from 1408 to 1428.
• His son, Yakshamalla (reigned ca. 1428-82), represented the high point of the Mallas as
rulers of a united Nepal. Under his rule, a military raid was launched against the plains to
the south, a very rare event in Nepalese history.
• Yakshamalla built the Mul Chok in 1455, which remains the oldest palace section in
Bhadgaon.
• The struggles among the landed aristocracy and leading town families (pradhan),
especially acute in Patan, were controlled during his reign.
• Outlying areas such as Banepa and Pharping were semi-independent but acknowledged
the leadership of the king.
• Newari appeared more often as the language of choice in official documents. The royal
family began to accept Manesvari (also known as Taleju), a manifestation of Shiva's
consort, as their personal deity.
• After the death of Jayasthiti Malla's grandson Yaksha Malla in 1482, the Kathmandu
Valley was divided up among his sons into three kingdoms of
• Bhaktapur (Bhadgaon),
• Kathmandu (Kantipur) and
• Patan (Lalitpur).

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [26]

• The rest of what we today call Nepal consisted of a fragmented patchwork of almost 50
independent states, stretching from Palpa and Jumla in the west to the semi-independent
states of Banepa and Pharping, most of them minting their own coins and maintaining
standing armies. Most notable Malla kings of this later era were: Pratap Malla of
Kantipur,
• Siddhi Narasimha Malla of Lalitpur, and
• Bhupatindra Malla of Bhaktapur.
• Bhaskar Malla of Kathmandu (r. 1700-1714) dressed in Mughal fashion
• After 1482, a crucial date in Nepalese history, the kingdom became divided.
• At first, the six sons of Yakshamalla attempted to reign collegially, in their grandfathers'
pattern.
• Ratnamalla was the first to rebel against this system of joint rule, seizing Kathmandu in
1484 and ruling there alone until his death in 1520.
• Rayamalla, the eldest brother, ruled Bhadgaon with the other brothers until his death,
when the crown there passed into the hands of his descendants.
• Banepa broke away under Ramamalla until its reincorporation into the Bhadgaon
kingdom in 1649.
• Patan remained aloof, dominated by factions of its local nobility, until Sivasimhamalla, a
descendant of Ratnamalla, conquered it in 1597 and united it with Kathmandu.
• On his death, however, Kathmandu and Patan were given to different grandsons and
again separated.
• The center of Nepal thus remained split into three competing kingdoms, roughly based
on
• Bhadgaon (Bhaktapur) , Kathmandu, and Patan.
• The influence of these petty kingdoms outside the valley varied over time.
• Bhadgaon extended its feeble power as far as the Dudh Kosi in the east, Kathmandu
controlled areas to the north and as far west as Nuwakot, and Patan included territories to
the south as far as Makwanpur.
• The period of the three kingdoms—the time of the later Mallas—lasted until the mid-
eighteenth century. The

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [27]

• Religious endowments called guthi arranged for long-term support of traditional forms of
worship or ritual by allowing temple or vihara lands to pass down through generations of
the same families; this support resulted in the preservation of a conservative art,
architecture, and religious literature that had disappeared in other areas of South Asia.
• Newari was in regular use as a literary language by the fourteenth century and was the
main language in urban areas and trading circles based in the Kathmandu Valley.
• Maithili, the language of the Tirhut area to the south, became a popular court language
during the seventeenth century and still was spoken by many people in the Terai in the
late twentieth century.
• In the west, Khas bhasha, or the language of the Khasa, was slowly expanding, only later
to evolve into present-day Nepali.[6]
• The final centuries of Malla rule were a time of great political change outside the
Kathmandu Valley.
• Although the Mughals never exercised direct lordship over Nepal, their empire had a
major indirect impact on its institutional life.
• During the sixteenth century, when the Mughals were spreading their rule over almost all
of South Asia, many dispossessed princes from the plains of northern India found shelter
in the hills to the north.
• Legends indicated that many small principalities in western Nepal originated in migration
and conquest by exiled warriors, who added to the slow spread of the Khasa language and
culture in the west. Along with these exiles came Mughal military technology,
including firearms and artillery, and administrative techniques based on land grants in
return for military service. The influence of the Mughals is reflected in the weapons and
dress of Malla rulers in contemporary paintings and in the adoption
of Persian terminology for administrative offices and procedures throughout Nepal.
• The first contacts between the people of Nepal and Europeans also occurred during the
period of the later Mallas.
• The Portuguese missionaries João Cabral and Estêvão Cacella visited Lhasa in 1628,
after which Cabral traveled to Nepal. The first Capuchin mission was founded in
Kathmandu in 1715. These contacts, however, affected only a minuscule number of

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people. Of far greater importance was the growth of British power in India, notably
in Bengal to the southeast of Nepal, during the eighteenth century.
• By 1764 the British East India Company, officially a private trading corporation with its
own army, had obtained from a decaying Mughal Empire the right to govern all of
Bengal, at that time one of the most prosperous areas in Asia. The company explored
possibilities for expanding its trade or authority into Nepal, Bhutan, and toward Tibet,
where the Nepalese had their own trading agencies in important settlements.
• Legacy of Malla Dynasty
• In Kathmandu King Pratap Malla (r. 1641-74) oversaw that city's cultural high point with
the construction of the Hanuman Dhoka palace, the Rani Pokhari pond and the first of
several subsequent pillars that featured a statue of the king facing the protective temples
of Taleju, The Malla era shaped the religious as well as artistic landscape, introducing the
dramatic chariot festivals of Indra Jatra and Matsyendranath. The Malla kings shored up
their position by claiming to be reincarnations of the Hindu god Vishnu and establishing
the cult of the Kumari, a living goddess whose role it was to bless the Malla's rule during
an annual celebration.
• After the defeat of the Malla Kings, their surviving descendants left the valley and settled
in different parts of Nepal. Their descendants have been using surnames like
Pradhananga and Rajalwat.

Architecture in Kathmandu Valley during Malla Dynasty

Near the palace of the Malla

dynasty rulers in Lalitpur with Royal Palace and Hindu temples in
pillar and statue of king Yoga Bhaktapur Taumadhi square.
Patan (Lalitpur).
Narendra Malla (Lalitpur).

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [29]

Bhaktapur Durbar Square. Old Royal Palace in Kathmandu

(Kantipur).
Temple of Nyatapola(Bhaktapur).

• In Malla period, principal duty of monarch was to protect and preserve justice commonly
known as Dharma.
• The king who succeeded to establish a strong system of justice addressed
as Dharmaraj (king of justice or religious).
• Among the several Malla Kings, Jayasthiti Malla of Kathmandu valley is considered the
most important person. He promulgated several rules and regulations.
• He introduced a system of the
• standards,
• weights and
• measures and he laid down rules for
• The use of pastures (land) and
• The use of water for irrigation purposes.
• Besides several of his work Nyayavikasini; the first codified law in Nepal was
promulgated.
• Nyayavikasini (Manavnayayasastra) was a very first codified law of Nepal. It was
enacted on 1436 BS
• Study of historical evolution of legal provisions is very much useful for making new laws
or amending them for state policies in present and future.
• King Jayasthiti Malla established this codified law before 625 years from now.
• Various parts of the present legal provisions were mentioned in the Nyayavikasini, e.g.
legal provisions relating to civil matters, criminal matters, witness examination etc.
Therefore, Jayasthiti Malla composed a comprehensive legal code covering every aspect
of life of the people. Of course, it has traced back to all the legal system.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [30]

• Historical Background of NYAYAVIKASINI (Manavnayayasastra)

• The total of the ancient history is in found and labeled as dark age in the Nepalese legal
and political system.
• To maitain the law and order, he decided to establish a code of law. This Law
(Nyayavikasini) could not be made by the order of the king rather it had to be
promulgated with the advice and involvement of learned people.
• For this purpose, a committee was formed as like a law commission in present days. Kirti
Nath Upadhaya Maithil, Raghu Nath Jha, Shree Nath Bhatta, Mohi Nath Bhatta and Ram
Nath Jha were the member of that committee.
• With the help of these learned member of committee king Jayasthiti Malla codified four
different codes,
• which are the
• law on houses (Griha Nirnaya),
• the law in area (Kshetra Nirnaya ),
• the law on caste (Jat Nirnaya) and
• legal rules for human justice (Nyayavikasini).
• This Nyayavikasini was effected by Manusmriti, Yagya Balkya smriti, Narad smriti and
others Hindu scriptures.
• First positive thing, it is the first codified law in Nepal. In civil law system only at 1804,
Napoleon had been codified the law.
• Main Provision of NYAYAVIKASINI (Manavnayayasastra):
 Determination of land management/division of land.
 Division of caste system with their jobs description.
 Sale and purchase of land.
 Punishment according to gravity of crime.
 Life style of people.
 Women right such as marriage and divorce.
 Discretionary power.
 House making procedure in three categories.
 Provision of collection of evidence, investigation and identification of evidence as
well as style of statement.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [31]

• There are nineteen chapters in the Nyayavikashini (Manavnyayashastra) which can

summarized as follows:
Chapter on Debt Transaction (Rinadana)
• This chapter is about the Debt Transaction (Rinadana). This chapter begins with the
definition of debt transaction and entails the responsibility of creditor and the debtor.
According to this law, where, whatever property is given and taken as a debt, such an act
of giving and taking debt is called debt transaction
(Rinadana). After the death of the father his son must pay the
debts taken by the father in proportion to their shares
Whether they are partitioned or not, the sons have to pay back equally the debt like a
burden of the father. If the debt taken by the father is not paid by the
sons, grandsons have to pay the debt taken by the grandfather after the death of
his father. The fourth generation of the family after the grandson i.e. great grandsons
shall not be compelled to pay the debt.
• The debts taken by the paternal uncle, elder or younger brother or mother to
support the family in a joint family should be paid at the time of partition of the
inheritance.
• This chapter also contains the rule for addressing the property of the widow when she
marriage with the second man. If a widow having a son abandons him and goes for
second marriage with another man the second husband shall get her woman-
property. The property of first
husband shall go to the son from the first husband; it shall not go to the second
husband.
• A transaction done by a wife with the consent of her husband is valid. In the
absence of husband, it shall be valid if there is consent of the son. In the absence
of both the husband and son, the king must have granted consent, only then
transaction done by a woman is proved valid. Thus, this chapter contains many matters.
Chapter on deposit (Upanidhi)
• This chapter deals on duties and responsibility of depositer and the deposit holder.
When money is taken from a trustworthy person in a need and if the security
amounting more than that amount is taken; it is called as Naso by the scholars. A deposit

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [32]

which is being covered for secrecy and kept in others house, it is called upanidhi
(deposit). An unaccounted and unrevealed material packed and sealed outside on the
packet is called “Upanidhi” deposit. Such “Upanidhi” may be divided into two
categories (1) held with the witness (2)
held in confidence without a witness. It must be returned under the same
circumstances as of the holding, i.e., if it is held with a witness it must be returned back
in front of the witness. If it is otherwise it will not be trustworthy.
• If the deposit holder does not return back the deposited goods after the payment of
property taken, he/she make a complaint to the king, and the king should punish the
criminal and cause to return it back. If the deposit is proved lost then cause the holder to
pay the equivalent value of the goods in cash.
If it is known that the holder of the deposit has made a profit out of the deposit
without the permission of the depositor, do make a complain on it.
Chapter on Joint Venture
• During the Malla regin, joint investment for the purpose of business seemed common. So,
now, it is described on the matter of transaction relating to a joint venture industry for
their own benefit by merchants etc. and people of different classes mentioned in law. The
basis of merchant group to undertake a joint venture for making profit is the collected
principal contributed by all as a share. This is preceded in accordance with Law and
Rules made by them. Some of them have more shares and some may have fewer
shares. The proportion of profit and loss of a shareholder depends on the proportion of
his investment. The shareholders of the company divide the time and make a
working schedule and division of work. In this
way, all the shareholders should and shall undertake their responsibility in a
principled manner and appropriate time without differing from the same. If
anyone acts beyond the decision of the meeting of all partners or negligently
commit any wrong or knowingly commits any prohibited act he shall be liable for
compensation.
Chapter on Resumption of Gift
• This chapter is about the religious gifts which is known as Dan. When one has
improperly given any goods and wishes to take it back again such a transaction is called

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [33]

Resumption of Gifts under the title of law. Only the property saved after taking care of
one’s wife, son and daughter, parents like relatives is regarded the property which could
be given as a gift. To give any
Dan (religious gift) upon creating problems in the life of dependents.
Chapter on Breach of Contract of Service
• This chapter contains about the condition to be fulfilled by the service provider and the
employer. An individual who agrees to provide service residing at
once home under their or their family’s command, from the date to a particular day and
does not abide by it, that is called breach of contract for service (Abhupetaya Shusursa
Vivadpad). Scholars have
mentioned in Shastra (text) that there are five types of domestic
service providers, four types labourers and fifteen types of slaves. A student
(Shisaya), an apprentice, a hired man (Bhritak) and an overseer (Adhikarmakrita)
all these are regarded as labourers. The child of a slave born in one’s own house will
be a slave. The scholars say that the common duty (Dharma) of all of these is
to live under the control of others (dependency). Their specialty, livelihood and
caste is based on their occupation.
Chapter on Non-payment of Remuneration
• This chapter is about the responsibility and duty of the worker, potter, herds and other
workers.Most of the text is about the duty of herds. It shows that one of the prime
occupation at that time was animal rearing. An individual hired for work on
remuneration does not render reasonable service, the Law about the issue that
whether remuneration is to be paid to him or not is called non-payment of
wages. The employer should pay the fixed remuneration to the person engaged on
the work either in the beginning of the work or middle or at the end.If one is engaged in
work without fixing any remuneration or engaged in the trade then one-
tenth of profit, if engaged in live-stocks one-tenth of live-stocks increment and if
engaged in farming then one-tenth of products should be given to the person so engaged.
Chapter on Sale Without Ownership
• According to this law,
Property deposited as a Naso or someone’s lost property being continuously

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [34]

attempted to get back or others property abducted by ownself; if it is sold in front

of the owner, in short, that is called sale of goods without ownership
(aswamibikraya). If the goods of a person are sold against his/her will and found
out later on by the owner, the owner shall have ownership on it; and the purchaser
shall loose it. If it was purchased in front of the witness; the buyer shall not be
proved a thief. If it was purchased in secret, the buyer shall be considered a thief.
Chapter on Non-delivery of Property
• If the goods kept in the shop for sell are not delivered to the purchaser in
consideration of its price that dispute is called non-delivery of goods after sale. In the
transaction of sales and purchases, movable and immovable, these two types of properties
are brought in practice. All kinds of properties brought for sale and purchase are called
monetary commodities (Drabaya Panaya).
Chapter on Kritanushaya (Reneging on a Purchases)
• When a person does not respect any property purchased with full payment from a
shop and feels cheated, in such case there may arise a dispute called
Kritwanushaya (reneging on a purchase). When the buyer finds any commodity
purchased is wrong; it should be returned undamaged to the seller on the same day.
If the buyer returns it on second day of transaction it shall be returned reducing
thirty percent of the purchased price and on the third day reducing sixty percent of the
same. After third day, it shall depend on the will of the seller.
Chapter on Samayasayamapakarma (non-observance of convention)
• The rule settled by the heretics and the merchants in group to govern their
transaction is called
Samaya (conventions). If it is violated it is called nonobservance of conventions
under the title of dispute.
• The king must prevent the members of the group from the matters which are
against the king, unwanted to the people and cause hindrance in the financial
resources. If any organized group causes to loss to each other forming their own
confederacies and raise weapons or destroy one another they must be removed from
there. Their activities must not be tolerated.
Chapter on Kchhetraseemabibad (Land Boundary Disputes)

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [35]

• The dispute pertaining to bridge and unsettled boundaries of agricultural fields is called
land boundary disputes. The conflicts relating to territorial border of the states or
boundary of agricultural field
must be determined by the local heads. The society should determine the
boundaries through the medium of the creditors of main city, head of the village,
creditors of organized bodies, dignitaries and the elders.
• Border and boundary should be demarcated by husk, charcoal, broken pieces of
clay jar, well, trees like planted for decoration in the garden of the house, foundations of
houses, and high and low land where ants make hills etc. Boundary and border should
be marked by the paddy-field, roads, old bridges or dams and parts of lands left by river
through flood etc.
• Chapter on disputes called Stripunsayog (Man-Woman Relationship)
• The rules of marriage which is for a man and a woman are called Stri-purus-yoga
(relationship between men and women). That relationship between a man and a
woman is dealt here in a case of any dispute. Before the relationship of a
woman and a man, there is a rule of mutual Varan (accepting each other). It means a
man has to accept the woman and a woman to a man. It is better to be a husband and
wife after getting married upon performing rituals rather than merely accepting each
other; because the conjugal relationship made merely through the choice is irregular
because there are found many faults in it. A
woman really becomes a better half or gets wifehood when Mantras are recited at
the time of marriage.
Chapter on Dispute Relating to Partition of Inheritance
• When sons proceed to partition of the paternal moveable and immovable
properties, it is called partition of
inheritance (dayabhaga). After the death of the father, sons are entitled to partition
the property of their father. After the death of the mother daughters shall have right
on their woman’s
property and if daughters are no more their offsprings are entitled on such
property. Sons may partition their father’s property when the mother has ceased to
menstruate, when all the sisters are married and when father is still alive but has

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [36]

no longer desire on property in his life time. Father should divide his property
among sons in his life time. May give Jethabhag (separate portion) to the eldest
one, or divide equally to all at his will.
Chapter on Dispute Called Offence (Violence)
• If a person commits an act immediately without using his/her mind out of the
proud of his strength that is called Sahas (violence or use of force). Meaning of the word
‘violence’ is strength (use of force). There are three types of violence: (1) the lowest (2)
the middle (3) the highest, i.e. the lowest offence, the middle offence and the
highest violence. In Shastras, it has been mentioned that the features of these violence
are different. Breaking, stealing and destroying the fruits, roots/yams, water and other
similar activities and to encroach the boundary of the land and to destroy the agricultural
and similar goods are the lowest degree of violence.
• To attempt, to make breaking and destroying of clothes, animals, food, drinks and
household utensils is called middle degree violence. To transect the goods like poison and
weapons or to kill a human being by the use of poison, weapons and similar items,
molesting other’s wife and to commit any other act that might cause death are the highest
degree of violent acts.
• The penal system for those acts is as of this- considering on degree of criminality
less than one hundred to the lowest degree of offence, and minimum five
hundred for the middle degree offence. Death penalty, confiscation of the entire
property, banishment from the city, branding with the content that ‘this man is
criminal’ or chopping off a limb, are the penalties for highest degree offences.
• The penalties mentioned hereinabove are equally applicable to all men of all other castes
except death penalty. Death penalty is executed to all the castes except the Brahman
because Brahman is not executed. If a Brahman commits a crime to which death
penalty is prescribed, he should be banished from the city upon completely shaving his
head. He should be leaved branding his forehead with content (symbol) of his crime or
make parading him on an ass.
Chapter on dispute called verbal assault and Punishment
• An abusive and coarse statement which is used to condemn some one’s country, caste,
family etc. is called verbal assault (Vakparusaya). For being it

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [37]

harsh, vulgar and violent such a verbal assault is divided into three categories.
Considering its gravity, the penalty to be imposed on these three types of verbal assault
also becomes severe based on the gravity. The scholars say that the sentence spoken
with allegation is called harsh abuse (Nisthurparusaya). The sentence produced by
using blame worthy (abusing) and coarseness words is called vulgar abuse
(Ashleelpurusaya). The speech spoken by using hatered sentences resulting
degradation (out casting) is called violent abuse (Tibraparusaya).
Injuring other person physically with one’s hand, foot i.e. boxing, kick, weapon
and throwing hot ashes and similar other acts are called physical Assault
(Dandaparusuya).
Chapter on Gambling and Contests
• To gamble by ivory pieces, pieces of glass, dice and Salaka and other similar items or to
make wagering or to make contest of strength of birds and bulls and to pay
wagering to one who wins it, all these acts fall under the title of dispute called
gambling and contests (Dyutasamahwoy).
• One who conducts gambling should give wealth what is needed to the gambler and
should take back immediately with ten percent interest after he wins. In the wagering if
the player knows the rule of game, rolls ivory pieces to the same number twice
on the rolling place. In such a game, one shall loose it. If there is a
doubt in the gambling that who is looser and who is winner then the gamblers
should depend on the gamblers who observe there. The gamblers themselves are the
observers or witnesses of gambling.
Miscellaneous Chapter (Prakeernak)
• The function of the king shall be prescribed in this miscellaneous Chapter. The
consequences of abiding by and violating the order of the king shall also be
mentioned here. The rules of livelihood of mixing castes and others
whatever not covered in previous chapters shall be written in this miscellaneous
chapter. A king should follow brahmacharya, Garstha and Sanayas stages of life
carefully. If a contemporary of previous king has done any injustice due to ignorance
then the present king should place that injustice on the path of justice. A king is respected

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [38]

by the subjects. The duty of the king is to protect his subjects; to honour the elderly, wise
and experienced, and to adjudicate disputers as well as to be attentive to his own duties.
• Chapter on stealing proclaimed by Narada
• This chapter is about the different types of stealing and other crime like abduction, incest
and punishment for the criminals. There are two types of thugs (cheats)
who loot other’s property. One who loots behind the owner and one loots in front of the
owner. A quality king must find out those types of thieves.
• Those who directly cheat people are as following: – (1) One who takes other’s
wealth by Tantramantra (2) One who uses fradulant weights and measures (3) One
who takes bribe (4) Violent robbers (5) Gamblers (6) Prostitutes (7) One who
copies the design (8) One who makes livelihood by telling Swasta
bachan (fortunes).
• The indirect thugs and thieves are as following:- They live hiding either indoors or
outdoors and these men attack and rob when members of the family asleep or
intoxicated. These are the sneak thieves: those who attack the country, villages,
who break houses and loot the property, who destroy the roads, who open other
people’s cattle farm, and those who beg on the road.
Chapter on Taptamash
• Hereinafter, Chapter on Taptamash shall be described. Clarified butter of a cow should
be heated in the utensils/pots made of the gold or silver or copper or iron or the clay. The
clarified butter which creates fear in the two or three folded soul should be enchanted
once with the following `Mantra- Om Salutations to religion (righteousness). O
clarified butter! You are highly pure like ambrosia in yaggakarma (sacrifices).
O clarified butter! As you deserve a quality to purify the user let you burn the sinner
and be cool like snow to pure and sinless man. One should chant it and keep a
beautiful ring made of the gold or silver or copper or iron being washed many times by
the water in that hot clarified butter. Thereafter, the accused should be made to bring
out the ring which is sunk in that heated clarified butter by his hands but he should have a
daylong fasting and still wearing the wet clothes after a ritual bath. Thereafter, the
examiner should examine his fingers and if there is found burnt spot or scratch then
such a man is proved impure. This is also the saying of the Pitamaha.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [39]

Evaluation of Nyayavikasini (Manavnayayasastra)

• Jayasthiti Malla had an extensive legal provision for his kingdom. He reorganized
Nepalese society according to Hindu class system. He made widespread social code.
There were rules for each tribe to be followed from birth to the death. He fixed the
measurement of land and classified the land according to its fertility. Likewise, he set a
standard of building of house by the subjects. Historians have appreciated king Jayasthiti
Malla for his legal and social arrangements. According to Jagadish Chandra Regmi,
Manavnyayashastra of Jayasthiti Malla is famous for his legal code. It provedes method
of judicial administration and remedies. For Rewati Raman Khanal, Jayasthiti Malla
undertook comprehensive and massive judicial and legal reform. Late king Prithivi
Narayena Shah is in his Divya Upadesh also had mentioned about the legal order of
Jayasthiti Malla and appreciated it.
• Nyayavikashini was made on the basic of those legal provision which were mentioned
in Hindu Dharma Shastra (Hindu Mythology). So, it is existing as a direct source of
Nepalese legal system. Some of the legal provisions included in Nyayavikashini were
adopted by Civil Code of 1910 BS. These legal provisions were followed by New Civil
Code 2020 BS also. So that, it plays significant role to develop the Nepalese legal system.
• Nyayavikashini, which was enacted before 625 years ago from present day had been
mentioned very significant principle about double jeopardy. This principle is very much
important in criminal justice system, which is fundamental right of Interim constitution of
Nepal 2063.
• In present, any accused who does not confess or give false statement in the court or extra
judicial authorities may declare immune from criminal liability. But, any accused
arrested by police and give true statement in front of investigating officer or court and
confess the crime, s/he is full liable for punishment. Due to confess, any person cannot
benefited; so most of cases accused are denying during their statement. But, in
Nyayavikashini mentioned half of punishment should be reduced who gives true
statement and confessed in the court. This was very important provision. In present
day, we have no clear and sufficient legal provision addressing this subject matter. So,
above mentioned provisions should be followed strictly in the criminal justice system in
Nepal.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [40]

• Although, king Jayasthisti Malla had always appreciated for his legal arrangements, the
judicial system and organization of court made by Jayasthiti Malla is unknown.
Likewese, while dealing with negative part, cruel type of punishment, differences in
punishment according to caste, unscientific method of investigation are the major defects
of that codified law.
Conclusion
• King Jayasthiti Malla was the most prominent king in Kathmandu in perspective of legal
and judicial systems. In the field of law and order, his judicial reforms were remarkable.
In that time codified law was very much necessary because it was not possible to regulate
the activities of society with the scattered religious texts. So, Jayasthiti Malla made a
code title of Nyayavikasini (science or knowledge on human justice) and he got the law
and order well managed. It was the first codified law of Nepalese legal history. It was
made in 1436 B.S. after the recommendation of committee of learned people. This was
reflection of Hindu system. In this way, Nyayavikasini made by Jayasthiti Mall was land
mark document in the Nepalese legal history.
• NYAYAVIKASINI (Manavnyayashastrat) (Laws made by King Sthitiraj Malla in
Bikram Era 1436 (Nepal Era 500),) available from www.lawcommission.gov.np

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [41]

UNIT-2
Administrative System in Post-Unification: Shah Administration, Rana Administration

Shah Administration:
Shah dynasty traces their historical ancestor to King of Kaski, Kulamandan Khan, whose
grandson Dravya Shah captured the throne of Gorkha from Khadka kings with the help of
accomplices from six resident clans of Gorkha to become the King of Gorkha. Dravya Shah was
the youngest son of Yasho Brahma Shah, Raja (King) of Lamjung and grandson of Kulamandan
Khand, Raja (King) of Kaski. He became the king of Gorkha with the help of accomplices. He
ascended the throne of Gorkha on 1559 A.D

Absolute monarchy (1768–1846)

King Prithvi Narayan Shah, the last king of Gorkha Kingdom (1743-1768) and the first Shah
king of Nepal (1768-1775)

In 1743, Prithvi Narayan Shah became the ruler of Gorkha. He declared war with other
principalities, defeating them one by one. In September 1768, he established the unified kingdom
of Gorkha. He became the first king of large Gorkha Kingdom. He, his sons and their successors
continued fighting and defeating other kingdoms and enlarging the kingdom of Gorkha. In 1814,
the Anglo–Nepalese Warbetween Gorkha and the East India Company began. By 1815, the Shah
king had been thoroughly defeated. By 1816, Gorkha had lost one-third of its territory. The Shah
kings continued to rule as an absolute monarch until 1946 when the political order changed
from absolute monarchy.
Hereditary prime ministers (1846–1951)
In 1846, the Rana dynasty gained power in Nepal. The Ranas became prime ministers and
reduced the King's status to a figurehead position. The Ranas ruled Nepal as hereditary prime
ministers though in the name of the figurehead king. In 1950, the Shah king King Tribhuvan was
forced into exile in India. He and his family, including the crown prince Mahendra, were saved.
After India became a secular state in 1950, and the remaining rajas retired, Nepal was the only
remaining Hindu kingdom. In 1951, with the help of India, a popular politician common
man Matrika Prasad Koirala became the prime minister of Nepal. Tribhuvan returned to

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [42]

Kathmandu. The Shah dynasty regained control and the prime minister, Mohan Shamsher Jang
Bahadur Rana, resigned. King Tribhuvan ruled until 1955 and King Mahendra ruled until 1972.
Mahendra's son, Birendra, became king.
Constitutional monarchy (1990–2008)
King Birendra Bir Bikram Shah; the first constitutional monarch of Nepal
In 1990, under King Birendra, Nepal became a constitutional monarchy. King Birendra believed
in cooperation between the absolute power of the monarchy and democratic governance. His
brother, Gyanendra and his wife Queen Aishwarya staunchly opposed this.
The Kingdom of Nepal:
• Some 300 years ago, the kingdom of Nepal was divided into small States and
Principalities.
• The tiny rulers had no unity among themselves. They often quarreled with one another
for territorial integrity and sovereignty
The Kathmandu valley itself was divided into three kingdoms–
• Kathmandu,
• Bhaktapur and
• Patan.
Powerful Kingdom:
There were at least three powerful kingdoms in the east-Makawanpur, Vijaypur and Chandandi.
24 and 22 Principalities:
• Similarly, there were 24 Principalities in the western-Gandaki region known as Chaubisi
Rajya, and
• 22 Principalities in the far western--Karnali region known as Baisi Rajya.
The 24 Principalities (Chaubisi Rajya
• Gorkha, Lamjung, Tanahun, Kaski, Nuwakot, Dhor, Satahun, Garahun, Rishing, Ghiring,
Paiyun, Parbat, Galkot, Palpa, Gulmi, Argha, Khanchi, Musikot, Isma, Dhurkot, Bajhang,
Bhirkot, Piuthan, and Butwal.
22 Principalities in the far- western Karnali region
• Jumla, Doti, Jajarkot, Bajura, Musikot, Gajur, Biskot, Malneta, Thalahara, Dailekh,
Dullu, Duryal, Dang, Sallyana, Chilli, Phalawagh, Jehari, Darnar, Atbis Gotam, Majal,
Gurnakot, and Ruku

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [43]

Different names of these Chaubisi and Baisi Rajya:

• Different historians have listed different names of these Chaubisi and Baisi Rajya.
However, on the basis of the names given by Balchandra Sharma, Kirkpatrick and
Hamilton, these names are commonly used.

Kings of Shah Dynasty of Gorkha (1559-1768):

Reign
Name Lifespan Reign end Notes
start

Dravya Shah राजा द्र� शाह died 1570 1559 1570 Son of Yasho Brahma Shah

Purna Shah/Purendra Shah पूण�

died 1605 1570 1605 Son of Dravya Shah
शाह/ पूरे� शाह

died 1609
Chatra Shahछत्र शाह 1605 1609 First son of Purendra/Purna Shah
(heirless)

Second son of Purna/Purendra

Ram Shah Ram Shah The Just श्रीम�
died 1636 1609 1633 (abdicated) Shah
महाराजिधराज राम शाह
adopted title of Svasti Sri Giriraj

Dambar Shah ड�र शाह died 1645 1633 1645 Son of Ram Shah

Krishna Shah श्रीकृ� शाह died 1661 1645 1661 Son of Dambar Shah

Rudra Shah �द्र शाह died 1673 1661 1673 Son of Krishna Shah

Prithvipati Shah पृ�ीपि� शाह died 1716 1673 1716 Son of Rudra Shah

1697- 3 April Grandson of Prithvipati Shah and

Nara Bhupal Shah भूपाल शाह 1716 1743
1743 Son of Prince Birbhadra Shah

7 January 1723[8]–
Prithvi Narayan Shah
11 January 1743 25 September 1768 Son of Nara Bhupal Shah
बडामहाराजिधराज पृ�ीनारायण शाह
1775 (aged 52)

Kings of Shah Dynasty of Nepal (1768–2008):

Name Lifespan Reign start Reign end Notes

Prithvi Narayan Shah

7 January 1723[9]– 11 25 September Son of Nara Bhupal
बडामहाराजिधराज पृ�ीनारायण 11 January 1775
January 1775 (aged 52) 1768 Shah
शाह

16 April 1751 – 17 11 January 17 November Son of Prithvi

Pratap Singh Shah प्रतापिसंह November 1777 (aged 26) 1775 1777 Narayan Shah

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [44]

Name Lifespan Reign start Reign end Notes

शाह

Rana Bahadur Shah रण बहादुर 25 May 1775 – 25 April 17 November 8 March 1799 Son of Pratap Singh
शाह 1806(aged 30) 1777 (abdicated) Shah

Girvan Yuddha Bikram Shah 19 October 1797 – 20 20 November Son of Rana Bahadur
8 March 1799
गीवा�णयु� िवक्रम शाह November 1816 (aged 19) 1816 Shah

Rajendra Bikram Shah राजे� 3 December 1813 – 10 July 20 November 12 May 1847 Son of Girvan
िबक्रम शाह 1881 (aged 67) 1816 (abdicated) Yuddha Bikram Shah

Surendra Bikram Shah सुरे� 20 October 1829 – 17 May Son of Rajendra

12 May 1847 17 May 1881
िबक्रम शाह 1881(aged 51) Bikram Shah

Grandson of
Prithvi Bir Bikram Shah पृ�ी 18 August 1875 – 11 11 December
17 May 1881 Surendra Bikram
वीर िबक्रम शाह December 1911 (aged 36) 1911
Shah

Tribhuvan Bir Bikram Shah 30 June 1900 – 13 March 11 December 7 November 1950 Son of Prithvi Bir
(1st reign) ित्रभुवन वीर िबक्रम शाह 1955(aged 54) 1911 (went into exile) Bikram Shah

Grandson of
Gyanendra Bir Bikram Shah 7 November 7 January 1951
7 July 1946(age 72) Tribhuvan Bir Bikram
(1st reign) �ाने� वीर िबक्रम शाह 1950 (stepped down)
Shah

Tribhuvan Bir Bikram Shah 30 June 1900 – 13 March 7 January Son of Prithvi Bir
13 March 1955
(2nd reign) ित्रभुवन वीर िबक्रम शाह 1955(aged 54) 1951 Bikram Shah

Mahendra Bir Bikram Shah 11 June 1920 – 31 January 14 March Son of Tribhuvan Bir
31 January 1972
महे� वीर िबक्रम शाह 1972(aged 51) 1955 Bikram Shah

Birendra Bir Bikram Shah 28 December 1944 – 1 June 31 January 1 June 2001 Son of Mahendra Bir
वीरे� वीर िबक्रम शाह 2001 (aged 56) 1972 (assassinated) Bikram Shah

Dipendra Bir Bikram Shah 27 June 1971 – 4 June 4 June 2001 Son of Birendra Bir
1 June 2001
दीपे� वीर िबक्रम शाह 2001(aged 29) (suspected murder) Bikram Shah

Gyanendra Bir Bikram Shah 28 May 2008 Son of Mahendra Bir

7 July 1946(age 72) 4 June 2001 (deposed; presently
(2nd reign) �ाने� वीर िबक्रम शाह Bikram Shah
as pretender)

The reforms made by Ram Shah:

Ram Shah brought radical changes in the society by introducing various reforms. The reforms
made by Ram Shah can be Mentioned under the following heads: Social and Administrative
Reforms:

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [45]

Measurement
• In those days, there were different weights and measures in different places of Nepal.
• Ram Shah introduced a new system of standard weights, scales and measure.
• He introduced a new table which is given below:
10 lals - 1 masha 10 mashas - 1 tola 18 tolas - 1 pal 27 tolas - 1 bodi
4 bodis - 1 bisauli 2 bisaulis - 1 dharni 10 muthis - 1 mana 8 manas - 1 pathi 20
pathis - 1 muri
Interest:
• At 10% in cash and 25% in kind.
• In case of loans after 10 years, the creditor should not claim more than double the amount
in cash .
• So, compound interest could not be charged
Rules and Regulations
• For the use of water from the canals. The people could use it by turn, to irrigate the fields.
• If any dispute arose over it, the Village Panchayats were empowered to settle the
disputes.
The king's cousins and nephews:
• Had to serve the king as his body-guards.
• The king had to take their recommendations to make grants of lands.
All the lands of the kingdom:
• Belonged to the king.
• The Brahmins were entitled to them only through royal grants.
• Demarcation of land was also done while grants were given.
Rule for the use of dress:
• He also made a rule for the use of dress and ornaments to be worn by the people of
different castes and classes.
• The members of the royal family could wear gold ornaments from head to foot.
Ram Shah set up grazing grounds for cattle and encroachment upon the grazing ground would be
severely dealt with.
Trees were planted on either side of the road for the convenience of the travellers and for the
perservation of forests. Those who cut trees were fined up to Rs. 5.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [46]

Severe punishment on corruption:

• He also introduced new titles as Kazi, Sardar and Khardar. Severe punishment was given
to corrupt officials.
Economic Reforms:
• Ram Shah maintained trade relations with King Siddhi Nara Simha of Patan.
• He allowed the merchants of Patan to come and stay for trade in his kingdom.
• The merchants (24 Kothi Mahajans) developed the trade of Gorkha and enriched the
financial condition of the kingdom.
Land revenue:
• Land revenue was the main source of income of the kingdom. As a measure of land
reforms, he granted a diminish on land tax for a period of four years to newly reclaimed
lands.
Reclamation of waste land:
• He thus encouraged the reclamation of waste land.
• As a result, vast areas of land were brought under cultivation.
• Thus, there was a sound economic condition in the Kingdom of Gorkha.
Empowered the local Panchayats:
• Ram Shah empowered the local Panchayats to decide small cases of local interest.
• Only important cases were to be handled by the law-courts.
Oath in the law courts:
• He introduced the system of taking an oath in the law courts by holding a 'Shaligram'
(holy stone).
Witchcraft:
• If a woman was found guilty of witchcraft, she was banished from the village.
• But if she proved to be innocent, the accuser would be fined.
Capital punishment:
• If one bribed a judge, he would be exiled from the country.
• Ram Shah also framed new rules regarding capital punishment.
• If a member of the royal family was found to be guilty of murder, he was to be exiled.
Shaved and exiled:
• If a Brahmin, Sanyasi or Bairagi committed a murder, he would be shaved and exiled.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [47]

Sentenced to death
• However, if a minister or Kazi or other government official was found guilty of murder,
he was to be sentenced to death.
Proverb:
"If you are deprived of justice, then go to Gorkha".
Consolidation:
• The credit for this consolidation goes to the Shah kings of the Gorkha kingdom.
• The Gorkha kingdom, thus, turned into a united Nepal,
Prithvi Narayan Shah:
• Prithvi Narayan Shah was born to Queen Kaushalyavati, the second wife of king
Narabhupal Shah, on 7th January 1723 A.D. (27 Paush, 1779 B.S.).
• Prithvi Narayan Shah was brave, clever, and courageous from his childhood.
• Prithvi Narayan Shah gave valuable advice to his successors, popularly known as
"DIVINE COUNCEL" (Dibya Upadesh).
• Nepal is sandwiched between two powers, China and British India. We should have close
relations with China and show friendship with the British
Financial policy:
• His financial policy was very sound. He was in favour of patronizing indigenous
industries and putting a ban on the imports of foreign goods.
• His policy was to foster arts and crafts in the country, to improve the national Products, to
encourage exports and discourage imports.
Foreign Merchant
• It was his conviction that if foreign merchants were allowed to trade in the country they
would drain the wealth of the country and make poor the people.
Encouragement to the indigenous industries.
• Those who know how to weave the cloth in the country should be encouraged so that
wealth may not drain out".
• In saying so, he gave much encouragement to the indigenous industries.
Export:
• "We should export herbs and other things to earn foreign currency".

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [48]

• Where minerals are available, the residents of that place should be shifted away and
mines should be worked".
• He also encouraged agriculture through irrigation.
Kingdom is a garden
• My kingdom is a garden in which four castes and thirty six sub-castes blossom forth".
Welfare of the People
• He was a great statesman. He favoured a democratic pattern in the appointment of
ministers. He said, "Ministers should be appointed according to the will of the people".
• The good of the people is the good of the king. Emphasising his devotion for the welfare
of his people he said, "If the people are healthy, the Palace (Durbar) will be stronger.
Enemy to the development of the country
• He was a justice loving king.
• In his opinion, corrupt officials were the number one enemy to the development of the
country and they should be dealt with severely.
• The person who gives bribes and takes bribes is the enemy of the king and the country;
his property should be confiscated.
Gunpowder works
• He paid special attention to the militia of the country.
• So that his army should be well supplied he set up a factory and gunpowder works.
• Soldiers would be promoted in their ranks only on the basis of merit.
Nepal is a yam
• Nepal is a yam between two boulders" - King Prithvi Narayan Shah had spoken such
words to show the geographical situation of the kingdom of Nepal, and the policy of
friendly relations with neighbouring countries to be followed in the future.
Guidelines of our foreign policy
• The words of Prithvi Narayan Shah are the guidelines of our foreign policy of non-
alignment and peaceful co-existence.
Respects to the scholars
• Though he was not a scholar himself, he respected the scholars in his palace. Poets like
Lalit Ballabh, and astrologers like Kulananda and Balkrishna found their due respect and
places in the palace.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [49]

Artistic excellence
• The beautiful nine-storey Basantpur Durbar in Kathmandu, the seven-storey Durbar, the
Ranga Mahal and Tilanga House of Nuwakot are evidence of his artistic excellence as a
lover of architecture.

RANA DYNASTY:

Rana dynasty (Nepali: राणा वंश; IAST: Rāṇā vanśa) is a Kshatriya dynasty from the Nepal that
ruled the Kingdom of Nepal from 1846 A.D until 1951 A.D, reducing the Shah monarch to a
figurehead and making Prime Minister and other government positions hereditary. This
changed in 1951 with the promulgation of a new constitution, when power shifted back to the
monarchy of King Tribhuvan. RANARCHY began in Nepal after the Kot, Bhandarkhal and
Alau Massacres. Jung Bahadur centralized all powers in his hands and the king became the
nominal head of the country. All jigh posts, positions and state privileges were directed towards
Ranas only. Thus, a family rule (autocratic rule) began in Nepal in the year 1903 B.S. and
remained for 104 years. The people were deprived of their fundamental rights and other
privileges from the state, the country was isolated from the outside world and the people were
kept in darkness. Due to the development brought in other countries and the pressure from the
people, they brought some changes in the society.

Mathbar Singh Thapa:

The death of Mathbar Singh set the stage for one of the crucial sequences of events in modern
Nepalese history--the destruction of the old aristocracy and the establishment of a dictatorship of
the prime minister. These events provided the long period of stability the country needed but at
the cost of political and economic development.
A coalition ministry was formed:
A coalition ministry was formed in September 1845, again headed by Fateh Jang Chautaria. The
real power behind the throne was the favorite of Queen Lakshmidevi, Gagan Singh, who
controlled seven regiments in the army compared to the three under the prime minister.
• Abhiman Singh and Jang Bahadur also served as commanders, each with three regiments.
• Plots and counterplots continued until Gagan Singh was found murdered during the night
of September 14, 1846.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [50]

• Emotions ran high among the assembled bands of notables and their followers, who
listened to the queen give an emotional blaming the Pandes and demanding that the prime
minister execute the Pande leader whom she suspected of the murder. While Abhiman
Singh hesitated, fighting broke out in the crowd, and he was wounded.
The Kot Parwa:
During the free-for-all that followed, swords and knives were used on all sides to dispatch
opponents. Through some scheme that has never been explained adequately, the only leader with
organized bodies of troops in the kot area was Jang Bahadur, whose troops suppressed the
fighting, killing many of his opponents in the process. When the struggle subsided, the courtyard
was strewn with the bodies of dozens of leading nobles and an unknown number of their
followers--the cream of the Nepalese aristocracy. The Pande and Thapa families in particular
were devastated during this slaughter.
Emergence of Rana Dynasty:
Jang Bahadur's great-grandfather:
• Jang Bahadur's great-grandfather was an important military leader under Prithvi Narayan
Shah in the eighteenth century, and during the war with China (1791-92) his grandfather
was also a military leader, who became one of the four chief administrators (kaji) of the
Gorkha-Nepalese state.
Jang Bahadur's father:
His father, Bala Narasimha Kunwar, was in court the day Rana Bahadur Shah was
murdered and killed the murderer on the spot. For this action, he was rewarded with the
position of kaji, which was made hereditary in his family.
Jung Bahadur Rana(1903–1934):
• Jang Bahadur joined the military service in 1832-33 at the age of sixteen. As maternal
grandson of Bhimsen Thapa, he lost his job and his property when the latter fell.
• Jang Bahadur after wandering in north India for several years, he returned to Nepal as a
captain in the artillery in 1840.
• In November 1841, he was asked by the king to join his bodyguard, and in January 1842
he began work as kaji in the palace.
• Jang Bahadur Rana became Prime-Minister In 1903 B.S. (16 Sept. 1846) Jang Bahadur
became Prime-Minister as well as Commander –in – Chief.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [51]

• Travelling to Britain: At this point, he took the unprecedented step of traveling to

Britain, leaving from Calcutta in April 1850 and returning to Kathmandu in February
1851. Although he unsuccessfully tried to deal directly with the British government while
he was there, the main result of the tour was a great increase in goodwill between the
British and Nepal.
• Modernization plans: As part of his modernization plans, Jang Bahadur commissioned
leading administrators and interpreters of texts on dharma to revise and codify the legal
system of the nation into a single body of laws, a process that had not been carried out
since the seventeenth century.
• Muluki Ain: The result was the 1,400-page Muluki Ain of 1854, a collection of
administrative procedures and legal frameworks for interpreting civil and criminal
matters, revenue collection, landlord and peasant relations, intercaste disputes, and
marriage and family law.
• For corruption control: Strict penalties were set down for corruption.
• Caste-based differences: Caste-based differences in the degree of punishments remained
throughout, with higher castes (for example, Brahmans) exempt from the physical
punishments and heavy fines that lower-caste members incurred for the same crimes.
This distinction was in keeping with the traditional approach of the dharma shastras, or
ancient legal treatises.
• Reduced the power of the king: After his return from Europe, Jang Bahadur took steps
to increase his hold over the country. He reduced the king to a prisoner in his own palace,
surrounded by agents of the prime minister and restricted and supervised at all times.
• Putting distant the king: No one outside the king's immediate family could see the king
without permission from the prime minister. All communications in the name of the king
were censored, and he was allowed to read only approved literature.
• Royal decree (sanad): In 1856 the king issued a royal decree (sanad) that formalized the
dominance of the Kunwar family. There were three main provisions in this crucial
document. First, the prime minister had complete authority over all internal
administration, including civil, military, and judicial affairs, and all foreign relations,
including the powers to make war and peace.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [52]

• Maharajah: Second, Jang Bahadur was made great king (maharajah) of Kaski and
Lamjung districts, in effect serving as their independent ruler. The Shah king retained the
title of maharajadhiraja (supreme king) and the right to use the honorific term shri five
times with his name. The prime minister could use shri three times with his name. In this
way, Jang Bahadur stopped short of taking the throne outright but elevated his family to a
level second only to the royal house, which remained as a symbol of the nation.
• Hereditary Succession: Finally, provisions were established for hereditary succession to
the post of prime minister. Brothers and then sons would inherit the position in order of
seniority.
• Dictatorship of the Kunwar family: These provisions meant that the dictatorship of the
Kunwar family, a virtual monarchy within the monarchy, would be passed down in the
family for generations, with no legal mechanism for changing the government.
• Jang Bahadur sealed the arrangement with the Shah Dynasty: Jang Bahadur sealed
the arrangement with the Shah Dynasty by arranging marriages between his heirs and the
royal house. In 1854 his eldest son, Jagat Jang (aged eight), married the eldest daughter
(aged six) of Surendra Bikram Shah.
• Close relation: In 1855 his second son married the second daughter of the king. The
ultimate test was passed in 1857, when heir apparent Trilokya Bir Bikram married two
daughters of Jang Bahadur. A son of this union ascended to the throne in 1881. Prithvi
Bir Bikram Shah (reigned 1881-1911) at the age of six.
• Treaty: In 1855 a treaty negotiated by the Chinese resident and ratified in March 1856
gave Nepalese merchants duty-free trade privileges, forced Tibet to pay an annual tribute
of 10,000 rupees to Nepal, and allowed a Nepalese resident in Lhasa.

• The tea cultivation: The tea cultivation in Illam and Sokhim, cutting forest for
settlement and agriculture was given a start by Jung Bahadur at the time of his
premiership. He also signed a treaty with Tibet to develop Nepal's trade.

Majors works:
1. He disapprived of Sati system and granted parental property rights to woman who
decided to spend her life as a maiden.
2. he introduced English education and letter press in Nepal.

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 MPA 508: Administrative System in Nepal By: Ishwor Thapa [53]

3. In 1910 B.S. he published the code called "Anin Sangrah". The code is a reform
brought in the old penal system based on physical torture.
4. In 1912, Thapathali Treaty was signed.
5. Nepal won the war with Tibet.
6. Many major highways were made.
7. Banke and other various parts of Terai region were returned to Nepal by East -India
Company.
8. Swayambhu stupa was renovated.
9. The practice of taking life of women on charges of witchcraft was abolished
Ranodip Singh(1934–1942):
1. He opened the English school established during Jung Bahadur's time to all the children of Rana
family.
2. He allocated money for the poor students studying in Sanskrit school.
3. In 1884 A.D. a Nepali calender was published in nepal.
4. Trailokya Bir Bikram Shah, a crown prince (son of Surendra Bikram Shah) was stabbed by
Khadga Shumsher in 1942.
5. The country was given a number of economic and judical reforms.
Bir Shumsher(1942–1958)
1. His rule is marked by several soceal works of public welfare.
2. He encouraged Sanskrit education and established High school, Bir Hispital, Bir Tower, Bir
Library, clock tower(Ghantaghar) ,and a suspension bridge at Kulekhani.
3. The present building of Durbar High Schoool was built by him.
4. He made provision to supply drinking water to the people of Kathmandu and Bhaktapur and
improved water supply to various part of country
5. He discouraged Sati and Slaveries.
6. He started giving away awards "Prabal Gorkha Daksin Bahu" and "Priya Drshini" to the people
who served the nation honestly.
7. Narayan hiti Palace was renovated.
8. Many students were sent for engineering courses in Japan.
Dev Shumsher Rana(1958-only 114 days)
1. Being a liberal minded ruler, he wanted to abolish sati and slavery.

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 MPA 508: Administrative System in Nepal By: Ishwor Thapa [54]

2. He began the publication of Gorkhapatra once a week.

3. He highly regarded the suggestions of the people.
4. In order to keep people informed about the world, he established altogether 30 schools in the
country.
5. Office time was declared from 10a.m. to 5p.m.
6. The country was given a number of judical and administrative reform
Chandra Shumsher(1958–1986):
1. He abolished slavery effectively from 1st of Baishakh 1982 B.S.
2. Moreover, he eleminated Sati.
3. Darbar School was opened to all people.
4. He had set up nearly 50 schools.
5. He established Tri-chandra college (1919 A. D.), Bhaktapur Hospital, Trichandra Memorial
Army hospital, a Tuberculosis Hospital at Tokha, and Leprosy Hospital in Khokana.Nepal took
part in the First World War in favor of Great Britain.
6. Pharping Hydroelectric company was established.
7. Ropeways and Railways were made for better means of transport.
8. Along with slavery system, Sati custom was also abolished.
9. Nepal was recognized as an independent sovereign country.
Bhim Shumsher(1986–1989)
1. He provided additional drinking water to Kathmandu and Morang.
2. In 1931 A.D., he changed capital punishment into life imprisonment.
3. Salt and cotton were declared as tax free.
4. Saturday wad declared as a national holiday.
5. There was improvement in military and judicial administration
Juddha Shumsher(1989–2002)
1. He setteld the long-pending disputes between the Brahmins of different status.
2. The tradition of observing rituals on the death of one's family member was shortened by 13 days.
3. Extravagance on other rituals and festivals was minimised by laws.
4. S.L.C., I.A., B.A. examinations began to be held in Kathmandu.
5. Along with the publication of "Sharda" and 'Udyog', Gorkhapatra was published twice a week.
6. A dreadful earthquake occurred in Nepal which caused a heavy loss of life and wealth.

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 MPA 508: Administrative System in Nepal By: Ishwor Thapa [55]

7. Great patriots, Dharma Bhakta, Sukraraj Shastri, Dashrath Chand and Ganga lal Shrestha were
sentenced to death.
8. Nepal took part in the second world war in favour of Great Britain.
9. Various laws were made for the need of improvement in the field agriculture.
10. Sudarijal Hydroelectric Project was established.
11. Transportation system was improved.
12. Military schools and hospitals were established.
13. Nepal company Act was commenced, under which various industries were established.
14. Several parties protested and tried to end the Rana regime.
15. The first political party called the Praja Parishad was formed.
16. First commercial bank was established
Padhma Shumsher(2002–2004)
1. He liberalised education and granted the people the right to establish high schools, and middle
schools in private sector.
2. He had established padmodaya High School, Kanya Mandir School and Padma Kanya School in
Kathmandu.
3. In order to promote adult literacy he set up Basic schools in 2004 B.S.
4. "Gorakhapatra" was published thrice a week.
5. Teachers training program was also implemented.
6. People were given freedom to keep radio.
7. Diplomatic relations with various countries were established.
8. Many schools and colleges were established including all girls’ schools and colleges.
9. Kathmandu Municipality was established.
10. Nepal’s first constitution was announced.
11. High court was established.
12. He announced that he will act as a servant of the nation and seek liberation.
Mohan Shumsher (2004–2007)
1. In 2005 B.S. he opened nearly 87 primary schools in the country.
2. Tree plantation was encouraged.
3. He dug many canals, engineering school was also set up.
4. State officials were appointed on the basis of merit.

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 MPA 508: Administrative System in Nepal By: Ishwor Thapa [56]

5. He increased the pay of state employ.

6. The communist Party of Nepal was established in Calcutta.
7. King Tribhuvan escaped from the palace confinement and took asylum in the Indian Embassy.
8. Gyanendra, King Tribhuvan’s grand-son was declared as the king.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [57]

UNIT-3
Central and Sub-national Level Administration System in Nepal: Central Level;
constitutional bodies, Ministries and Development, Sub-national level, Local level;
interrelationship between central and sub-national level.

Central Level:
The Government of Nepal, or Nepal Government, is the executive body and the central
government of Nepal.
• The Head of state is the President and
• The prime minister holds the position of head of executive.
This role is largely ceremonial as the functioning of the government is managed entirely by the
Prime Minister who is appointed by the Parliament.
The heads of constitutional bodies are appointed by the President on the recommendation of
Constitutional Council, with the exception of the
• Attorney General, who is appointed by the Prime Minister.
Head of the Nation:
Part-6
President and Vice-President
61. President: (1) There shall be a President of Nepal.
(2) The President shall be the head of state of Nepal. He or she shall perform his or her
functions in accordance with this Constitution and the Federal law.
(3) The President shall promote the national unity of Nepal.
(4) The main duty of the President shall be to abide by and
(5) protect this Constitution.
1 President: Bidhya Devi Bhandari
2 Vice President: Nanda Kishor Pun
Head of Executive/Head of Government
• Prime Minister: K.P. Oli
Chief Secretary: Lok Darsan Regmi
Office of the Prime Minister and Council of Ministers (Nepal).

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [58]

The Office of the Prime Minister and Council of Ministers is the office of elected Prime Minister
and other ministers of the government of Nepal.
Mandate:
• Business of Council of Ministers.
• The allocation of business of Government of Nepal and formation, dissolution and
alteration of organizational structure of the ministries.
• Transaction of business Rule of Government of Nepal.
• Observation, Control, inspection, Supervision, Coordination, Monitoring and Evaluation
of various ministries.
• Implementation of the decision of Council of Ministers and its Monitoring.
• Formulation, approval or issue of Bill, Ordinance, Rule and Order.
• Formulation, approval, implementation, monitoring and evaluation of short term and long
term policy and strategy of Government of Nepal.
• To take regular information of the political, economic, social, law and order and
administrative activities in the country and monitor the same.
• Summoning and prorogation of session of the Parliament.
• Development and follow up of the management information system at the central level.
• Governance reform, good governance and restructuring of administration in the federal
line.
• To monitor the implementation of bilateral and multilateral treaty, agreement and
understandings.
• Implementation of directions issued by prime minister .
• Protection and Promotion of Human Rights.
• Decoration.
• Up-to-date information of disaster management and direction thereto.
• Policy and plan against corruption and Implementation thereof.
• Prime-minister Natural Disaster/ Assistance Fund Operation.
• External and internal public relation and communication of Prime-minister.
• Documents to be authenticate a pursuant to the prevailing laws.
• Regional Administration.
• Investment Board

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [59]

• New Nepal Construction Fund.

• Monitoring of implementation of court decisions.
• Office of the President and Vice President.
• Constitutional Council.
• Commission for the Investigation of Abuse of Authority.
• Public Service Commission
• National Human Right Commission.
• National Planning Commission.
• National Vigilance Centre.
• Public Procurement Monitoring Office
• Office of Nepal Trust.
• Poverty Alleviation Fund.
• Other business relating to Prime Minister and Council of Ministers.
Head of Legislative
• Chairman of Legislative Parliament: Krishna Bahadur Mahara
Head of Judiciary
• Chief Justice of the Supreme Court: Cholendra Samsher Rana
Ministries
Constitutional council:
Constitution of Nepal (2072) Part (284). Provisions relating to Constitutional Council: (1) there
shall be a Constitutional Council for making recommendations for appointment of the Chief
Justice and Chiefs and officials of the Constitutional Bodies in accordance with this Constitution,
which shall consist of the following as the Chairperson and members:
(a) The Prime Minister -Chairperson
(b) The Chief Justice -Member
(c) The Speaker of the House of Representatives -Member
(d) The Chairperson of the National Assembly -Member
(e) Leader of Opposition Party in the House of Representatives
-Member
(f) Deputy Speaker of the House of Representatives -Member

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [60]

(2) While making a recommendation for appointment to the office of the Chief Justice, the
Constitutional Council shall include the Minister for Law and Justice of the Government of
Nepal, as its member.
189
(3) The Constitutional Council must make a recommendation for appointment under this
Constitution before one month of the vacation of the office of the Chief Justice or a chief or
official of a Constitutional Body. Provided that if such office falls vacant because of death or
resignation, it may so make recommendation for appointment that the office is fulfilled within
one month after the date of vacancy.
(4) Other functions, duties and powers of the Constitutional Council and rules of procedures on
the appointment of the Chief Justice or chiefs or officials of
Constitutional Bodies shall be as provided for in the Federal law.
(5) The Chief Secretary of the Government of Nepal shall act as the secretary of the
Constitutional Council.
Question: What are the powers of Federal Government?
Answer: Federalism refers to the division of a nation into various autonomous states so
development empowers local people.
Schedule-5 (Relating to clause (1) of Article 57, and Article 109)
List of Federal Power
SN Matters
1. Relating to defense and military
(a) Protection of national unity and territorial integrity
(b) Relating to national security
2. War and defense
3. Arms and ammunitions factories and production thereof
4. Central Police, Armed Police Force, national intelligence and investigation, peace, security
5. Central planning, central bank, finance policies, monetary and banking, monetary policies,
foreign grants, aid and loans
6. Foreign and diplomatic affairs, international relations and United Nations related matters
7. International treaties or agreements, extradition, mutual legal assistance and international
borders, international boundary rivers

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [61]

8. Telecommunications, allocation of radio frequency, radio, television and postal matters

9. Customs, excise-duty, value-added tax, corporate income tax, individual income tax,
remuneration tax, passport fee, visa fee, tourism fee, service charge and fee, penalty
10. Federal civil service, judicial service and other government services
11. Policies relating to conservation and multiple uses of water resources
12. Inland and inter-State electricity transmission lines
13. Central statistics (national and international standards and quality)
14. Central level large electricity, irrigation and other projects
15. Central universities, central level academies, universities standards and regulation, central
libraries
16. Health policies, health services, health standards, quality and monitoring, national or
specialised service providing hospitals, traditional treatment services and communicable disease
control
17. Federal Parliament, Federal Executive, Local Level related affairs, special structure
18. International trade, exchange, port, quarantine
19. Civil aviation, international airports
20. National transportation policies, management of railways and national highways
21. Laws relating to the Supreme Court, High Courts, District Courts and administration of
justice
22. Citizenship, passport, visa, immigration
23. Atomic energy, air space and astronomy
24. Intellectual property (including patents, designs, trademarks and copyrights)
25. Measurement
26. Mines excavation
27. National and international environment management, national parks, wildlife reserves and
wetlands, national forest policies, carbon services
28. Insurance policies, securities, cooperatives regulation
29. Land use policies, human settlement development policies, tourism policies, environment
adaptation
30. Criminal and civil laws making
31. Security printing

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [62]

32. Social security and poverty alleviation

33. Constitutional Bodies, commissions of national importance
34. Sites of archaeological importance and ancient monuments
35. Any matter not enumerated in the Lists of Federal Powers, State Powers and Local Level
Powers or in the Concurrent List and any matter not specified in this Constitution and in the
Federal laws.
Constitutional Bodies:
Constitutional bodies refer to those institutions that are created by the Constitution itself. They
are different from statutory bodies which are created by a law or statute. In other words there are
explicit constitutional Provisions creating these bodies.
There are 13 constitutional bodies listed in constitution of Nepal issued in 2072 B.S., they are as
follows:
1. Commission for the Investigation of Abuse of Authority (CIAA)
2. Auditor General
3. Public Service Commission (PSC)
4. Election Commission
5. National Human Right Commission
6. National Natural Resources and Fiscal Commission
Other Commissions
7. National Women Commission
8. National Dalit Commission
9. National Inclusion Commission
10. Indigenous nationalist Commission
11. Madhesi Commision
12. Tharu Commision
13. Muslim Commission
1. Commission for the Investigation of Abuse of Authority (CIAA)
Part-21
Commission for the Investigation of Abuse of Authority
238. Commission for the Investigation of Abuse of Authority:

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [63]

(1) There shall be a Commission for the Investigation of Abuse of Authority of Nepal, consisting
of the Chief Commissioner and four other Commissioners. The Chief Commissioner shall act as
the Chairperson of the Commission for the Investigation of Abuse of Authority.
(2) The President shall, on recommendation of the Constitutional
Council, appoint the Chief Commissioner and Commissioners.
(3) The term of office of the Chief Commissioner and Commissioners hall be six years from the
date of appointment.
(4) Notwithstanding anything contained in clause (3), the office of the Chief Commissioner or a
Commissioner shall be vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President,
(b) if he or she attains the age of sixty-five years,
(c) if a motion of impeachment is passed against him or her under
Article 101,
(d) if he or she is removed from office by the President on recommendation of the
Constitutional Council on grounds of his or her inability to hold office and discharge the
functions due to physical or mental illness,
(e) if he or she dies.
(5) The Chief Commissioner and Commissioners appointed under clause (2) shall not be eligible
for reappointment.
Provided that a Commissioner may be appointed to the office of Chief Commissioner, and when
a Commissioner is so appointed as the Chief Commissioner, his or her term of office shall be so
computed as to include his or her term as the Commissioner.
(6) A person shall be eligible to be appointed as the Chief
Commissioner or a Commissioner of the Commission for the Investigation of
Abuse of Authority if he or she possesses the following qualification:
(a) holding a bachelor's degree from a recognized university,
(b) not being a member of any political party at the time of
appointment,
(c) having gained at least twenty years of experiences in the field
of either accounting, revenue, engineering, law, development
or research and being a distinguished person,

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [64]

(d) having attained the age of forty five years, and

(e) being of high moral character.
(7) The remuneration and other conditions of service of the Chief Commissioner and the
Commissioners shall be as provided for in the Federal law.
The remuneration and conditions of service of the Chief Commissioner and the Commissioners
shall not, so long as they hold office, be altered to their disadvantage.
Provided that this provision shall not apply in cases where a state of emergency is declared
because of extreme economic disarrays.
(8) A person once appointed as the Chief Commissioner or
Commissioner shall not be eligible for appointment in other government service. Provided that
nothing in this clause shall be deemed to be a bar to the appointment to any political position or
to any position which has the responsibility of making investigations, inquiries or findings on
any subject, or to any position which has the responsibility of submitting advice, opinion or
recommendation after carrying out a study or research on any subject.
239. Functions, duties and powers of the Commission for the Investigation of Abuse of
Authority:
(1)The Commission for the Investigation of Abuse of
Authority may, in accordance with law, conduct, or cause to be conducted, investigations of any
abuse of authority committed through corruption by any person holding public office. Provided
that this clause shall not apply to any official in relation to whom this Constitution itself
separately provides for such action and to any official in relation to whom other law provides for
a separate special provision.
(2) In the case of the persons who can be removed from office by passing a motion of
impeachment under Article 101, the Judges who can be removed by the Judicial Council and the
persons who are liable to action under the Army Act, it may conduct, or cause to be conducted,
investigations in accordance with the Federal law after they have been removed from office.
(3) If the Commission for the Investigation of Abuse of Authority finds, on investigation
conducted pursuant to clause (1) or (2), that a person holding public office has committed an act
which is defined by law as corruption, it may file, or cause to be filed, a case against that person
and other person involved in that offense in the competent court in accordance with law.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [65]

(4) If, on investigation conducted pursuant to clause (1) or (2), any act or action done or taken by
a person holding public office appears to be of such nature as to be falling under the jurisdiction
of another official or body, the Commission for the Investigation of Abuse of Authority may
write to the concerned official or body for necessary action.
(5) The Commission for the Investigation of Abuse of Authority may delegate any of its
functions, duties and powers on the conducting of investigations or filing cases, to the Chief
Commissioner, a Commissioner or an officer employee of the Government of Nepal to be
exercised and complied with subject to the specified conditions.
(6) Other functions, duties and powers and rules of procedure of the
Commission for the Investigation of Abuse of Authority shall be as provided for in the Federal
law.
2. Auditor General
Part-22
Auditor General
240. Auditor General: (1) There shall be an Auditor General of Nepal.
(2) The President shall, on the recommendation of the Constitutional
Council, appoint the Auditor General.
(3) The term of office of the Auditor General shall be six years from the date of appointment.
(4) Notwithstanding anything contained in clause (3), the office of the Auditor General shall be
vacant in any of the following circumstances:
(a) If he or she tenders resignation in writing to the President,
(b) If he or she attains the age of sixty-five years,
(c) If a motion of impeachment is passed against him or her under
Article 101,
(d) if he or she is removed from office by the President on recommendation of the
Constitutional Council on grounds of his or her inability to hold office and discharge the
functions due to physical or mental illness,
(e) If he or she dies.
(5) The Auditor General appointed under clause (2) shall not be eligible for reappointment.
(6) A person shall be eligible to be appointed as the Auditor General if he or she possesses the
following qualification:

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [66]

(a) Having served in the Special Class of the Government of

Nepal or having at least twenty years of experiences in audit related work, after having
obtained a bachelor's degree in management, commerce or accounting from a recognized
university or having passed a chartered accountancy examination,
(b) Not being a member of any political party at the time of appointment,
(c) Having attained the age of forty five years, and
(d) Being of high moral character.
(7) The remuneration and conditions of service of the Auditor General shall be as provided for in
the Federal law. The remuneration and conditions of service of the Auditor General shall not, so
long as he or she holds office, be altered to his or her disadvantage.
Provided that this provision shall not apply in cases where a state of emergency is declared
because of extreme economic disarrays.
(8) A person once appointed as the Auditor General shall not be eligible for appointment in
another government service.
Provided that nothing in this clause shall be deemed to be a bar to the appointment to any
political position or to any position which has the responsibility of making investigations,
inquiries or findings on any subject, or to any position which has the responsibility of submitting
advice, opinion or recommendation after carrying out a study or research on any subject.
241. Functions, duties and powers of Auditor-General: (1) The accounts of all Federal and
State Government Offices including the Office of the President, Office of the Vice-President,
Supreme Court, Federal Parliament, State Assembly, State Government, Local level,
Constitutional Bodies and Offices thereof, Courts, Office of the Attorney General, Nepal Army,
Nepal Police and Armed Police Force, Nepal shall be audited by the Auditor-General in
accordance with law, having regard to, inter alia, the regularity, economy, efficiency,
effectiveness and the propriety thereof.
(2) The Auditor General shall be consulted in the matter of appointment of an auditor to carry
out the audit of a corporate body of which the Government of Nepal or State Government owns
more than fifty percent of the shares or assets.
The Auditor General may also issue necessary directives setting forth the principles for carrying
out the audit of such corporate body.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [67]

(3) The Auditor General shall, at all times, have power to examine any books of accounts for the
purpose of carrying out the functions under clause (1). It shall be the duty of the concerned chief
of office to provide all such documents and information as may be demanded by the Auditor
General or any of his or her employees.
(4) The accounts to be audited pursuant to clause (1) shall be maintained in the form prescribed
by the Auditor General, as provided for in the Federal law.
(5) In addition to the accounts of the offices mentioned in clause (1), the
Federal law may also require the accounts of any other offices or bodies to be audited by the
Auditor General.
3. Public Service Commission:
Part -23
Public Service Commission
242. Public Service Commission:
(1) There shall be a Public Service Commission of Nepal, consisting of the Chairperson and four
other Members.
(2) The President shall, on the recommendation of the Constitutional Council, appoint the
Chairperson and Members.
(3) At least fifty percent of the total number of Members of the Public Service Commission shall
be appointed from amongst the persons who have worked for twenty or more in any government
service, and the rest of the Members shall be appointed from amongst the persons who hold
reputation after having done research, investigation, teaching or any other significant work in the
field of science, technology, art, literature, law, public administration, sociology or other sphere
of national life.
(4) The term of office of the Chairperson and Members of the Public Service Commission shall
be six years from the date of appointment.
(5) The Chairperson and Members appointed under clause (2) shall not be eligible for
reappointment. Provided that a Member may be appointed to the office of Chairperson, and when
a Member is so appointed as the Chairperson, his or her term of office shall be so computed as to
include his or her term as the Member.
(6) Notwithstanding anything contained in clause (4), the office of the Chairperson or a Member
of the Public Service Commission shall be vacant in any of the following circumstances:

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [68]

(a) if he or she tenders resignation in writing to the President,

(b) if he or she attains the age of sixty-five years,
(c) if a motion of impeachment is passed against him or her under
Article 101,
(d) if he or she is removed from office by the President on
recommendation of the Constitutional Council on grounds of
148
his or her inability to hold office and discharge the functions
due to physical or mental illness,
(e) if he or she dies.
(7) A person shall be eligible to be appointed as the Chairperson or a member of the Public
Service Commission if he or she possesses the following qualification:
(a) holding a master's degree from a recognized university,
(b) not being a member of any political party at the time of
appointment,
(c) having attained the age of forty five years, and
(d) being of high moral character.
(8) The remuneration and other conditions of service of the Chairperson and the members of the
Public Service Commission shall be as provided for in the Federal law. The remuneration and
conditions of service of the Chairperson and the Members of the Public Service Commission
shall not, so long as they hold office, be altered to their disadvantage. Provided that this
provision shall not apply in cases where a state of emergency is declared because of extreme
economic disarrays.
(9) A person once appointed as the Chairperson and the members of the public Service
Commission shall not be eligible for appointment in other government service. Provided that
nothing in this clause shall be deemed to be a bar to the appointment to any political position or
to any position which has the responsibility of making investigations, inquiries or findings on
any subject, or to any position which has the responsibility of submitting advice, opinion or
recommendation after carrying out a study or research on any subject.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [69]

243. Functions, duties and powers of the Public Service Commission: (1) It shall be the duty
of the Public Service Commission to conduct examinations for the selection of suitable
candidates to be appointed to the positions in the Civil Service.
Explanation: For the purposes of this Article, "positions in the Civil
Service" means all positions in the services of the Government of Nepal, other than the positions
in the services of Army personnel, Nepal Police or Armed Police Force, Nepal and such other
positions in the services as are excluded by an Act from the Civil Service.
(2) The Public Service Commission shall conduct written examinations to be given for
appointment to the offices of the Nepal Army, Nepal Police, Armed Police Force, Nepal, other
Federal governmental services and of bodies corporate, other than the positions in the Civil
Service.
Explanation: For the purposes of this Article, "body corporate" means a corporation, company,
bank or board of which more than fifty percent or more of the shares or assets is owned or
controlled by the Government of Nepal, except a university or Education Service Commission,
or a commission, corporation, authority, body, academy, board, centre, council and other body
corporate of similar nature established under the Federal law or formed by the Government of
Nepal.
(3) The Public Service Commission shall be consulted on the general principles to be followed in
the course of making appointment and promotion to any position of the Nepal army, Nepal
Police, Armed Police Force, Nepal and other Federal government services.
(4) The Public Service Commission shall be consulted on the laws relating to the conditions of
service of the employees in the service of a body corporate and on the general principles to be
followed in the course of making promotion to any position of such service and taking
departmental action against any such employee.
(5) No permanent appointment to any pensionable position chargeable on the Government of
Nepal shall be made except in consultation with the Public Service Commission.
(6) The Public Service Commission shall be consulted on the following subjects:
(a) matters concerning the law relating to the conditions of service of
the Federal Civil Service;
(b) the principles to be followed in making appointments to,
promotions to, the Federal Civil Service or positions thereof and

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [70]

taking departmental action;

(c) matters concerning the suitability of any candidate for
appointment to the Federal Civil Service position for a period of
more than six months;
(d) matters concerning the suitability of any candidate for transfer or promotion from a
position in one type of Federal Civil Service to a position in other type of Federal Civil
Service or transfer or promotion from other government service to the Federal Civil
Service or for a change in service or transfer from a position in a State Civil Service to a
position in the Federal Civil Service or from a position in the Federal Civil Service to
State Civil Service,
(e) matters concerning the permanent transfer or promotion of an employee working in
any position which does not require consultation with the Public Service Commission to
any position which requires consultation with the Public Service Commission;and
(f) matters relating to departmental action against any employee of the Federal Civil
Service.
(7) Notwithstanding anything contained in clause (6), matters falling within the jurisdiction of
the Judicial Service Commission under Article 154 shall be governed by that Article.
(8) The Public Service Commission may so delegate any of its functions, duties and powers to its
Chairperson or Member, an employee of the Government of Nepal as to be exercised and
complied with subject to the specified conditions.
(9) Other functions, duties and powers and rules of procedure of the
Public Service Commission shall be as provided for in the Federal law.
244. Provisions relating to State Public Service Commission: (1) Each State shall have a State
Public Service Commission.
(2) The functions, duties and powers of the State Public Service
Commission shall be as provided for in the State law.
(3) The Federal Parliament shall by law determine grounds and standards for the purposes of
clause (2).
Part-24
4. Election Commission

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [71]

245. Election Commission: (1) There shall be an Election Commission of Nepal, consisting of a
Chief Commissioner and four other Commissioners. The Chief Commissioner shall act as the
chairperson of the Election Commission.
(2) The President shall, on the recommendation of the Constitutional Council, appoint the Chief
Election Commissioner and Commissioners.
(3) The term of office of the Chief Election Commissioner and Commissioners of the Election
Commission shall be six years from the date of appointment.
(4) Notwithstanding anything contained in clause (3), the office of the Chief Election
Commissioner or Election Commissioner shall be vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President,
(b) if he or she attains the age of sixty-five years,
(c) if a motion of impeachment is passed against him or her under
Article 101,
(d) if he or she is removed from office by the President on
recommendation of the Constitutional Council on grounds of
his or her inability to hold office and discharge the functions
due to physical or mental illness,
(e) if he or she dies.
(5) The Chief Election Commissioner and Commissioners appointed under clause (2) shall not
be eligible for reappointment. Provided that a Commissioner may be appointed to the office of
Chief Election Commissioner, and when a Commissioner is so appointed as the Chief Election
Commissioner, his or her term of office shall be so computed as to include his or her term as the
Commissioner.
(6) A person shall be eligible to be appointed as the Chief Election Commissioner or an Election
Commissioner if he or she possesses the following qualification:
(a) holding a bachelor's degree from a recognized university,
(b) not being a member of any political party at the time of
appointment,
(c) having attained the age of forty five years, and
(d) being of high moral character.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [72]

(7) The remuneration and other conditions of service of the Chief Election Commissioner and
Election Commissioners shall be as provided for in the Federal law. The remuneration and
conditions of service of the Chief Election Commissioner and the Commissioners shall not, so
long as they hold office, be altered to their disadvantage. Provided that this provision shall not
apply in cases where a state of emergency is declared because of extreme economic disarrays.
(8) A person once appointed as the Chief Election Commissioner and a Commissioner of the
Election Commission shall not be eligible for appointment in other government service. Provided
that nothing in this clause shall be deemed to be a bar to the appointment to any political position
or to any position which has the responsibility of making investigations, inquiries or findings on
any subject, or to any position which has the responsibility of submitting advice, opinion or
recommendation after carrying out a study or research on any subject.
246. Functions, duties and powers of the Election Commission: (1) The Election Commission
shall, subject to this Constitution and the Federal law, conduct, supervise, direct and control the
election to the President, Vice-President, members of the Federal Parliament, members of State
Assemblies and members of Local level. For these purposes, the Election Commission shall
prepare electoral rolls.
(2) The Election Commission shall hold a referendum on a matter of national importance
pursuant to this Constitution and the Federal law
(3) If, after nomination of candidacy for the President, Vice-President, member of the Federal
Parliament, member of State Assemblies or member of Local level has been filed but before the
election results are declared, a question arises about the qualification of a candidate, the Election
Commission shall decide that question.
(4) The Election Commission may so delegate any of its functions, duties and powers to the
Chief Election Commissioner, Election Commissioner or any government employee as to be
exercised and complied with subject to the specified conditions.
(5) Other functions, duties and powers and rules of procedure of the
Election Commission shall be as provided for in the Federal law.
247. To provide necessary assistance to Election Commission: The Government of Nepal,
State Government and Local Government shall provide such employees and other assistance to
the Election Commission as may be required to perform its functions pursuant to this
Constitution.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [73]

Part-25
5. National Human Rights Commission
248. National Human Rights Commission: (1) There shall be a National Human Rights
Commission of Nepal, consisting of a Chairperson and four other members.
(2) The President shall, on the recommendation of the Constitutional Council, appoint the
Chairperson and members.
(3) The term of office of the Chairperson and members of the National Human Rights
Commission shall be six years from the date of appointment.
(4) The Chairperson and members appointed under clause (2) shall not be eligible for
reappointment. Provided that a Member may be appointed to the office of Chairperson, and when
a member is so appointed as the Chairperson, his or her term of office shall be so computed as to
include his or her term as the Member.
(5) Notwithstanding anything contained in clause (3), the office of the
Chairperson or member of the National Human Rights Commission shall be vacant in any of the
following circumstances:
(a) if he or she tenders resignation in writing to the President,
(b) if a motion of impeachment is passed against him or her under
Article 101,
(c) if he or she is removed from office by the President on
recommendation of the Constitutional Council on grounds of
his or her inability to hold office and discharge the functions
due to physical or mental illness,
(d) if he or she dies.
(6) A person shall be eligible to be appointed as the Chairperson or a member of the National
Human Rights Commission if he or she possesses the following qualification:
(a) in the case of the Chairperson, being a retired Chief Justice or retired Judge of the
Supreme Court and having rendered outstanding contribution to the protection and
promotion of human rights or being a renowned person having been active for at least
twenty years in and rendered outstanding contribution to the protection and promotion of
human rights or to various fields of national life,

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [74]

(b) in the case of a Member, being a person being involved in the field of the protection
and promotion of human rights or rights and interests of the child or being a renowned
person having been active for at least twenty years in and rendered outstanding
contribution to various fields of national life,
(c) holding a bachelor's degree from a recognized university,
(d) having attained the age of forty five years,
(e) not being a member of any political party at the time of appointment,
(f) being of high moral character.
(7) The remuneration and other conditions of service of the Chairperson and members of the
National Human Rights Commission shall be as provided for in the Federal law. The
remuneration and conditions of service of the Chairperson and members of the National Human
Rights Commission shall not, so long as they hold office, be altered to their disadvantage.
Provided that this provision shall not apply in cases where a state of emergency is declared
because of extreme economic disarrays.
(8) A person once appointed as the Chairperson or a member of the National Human Rights
Commission shall not be eligible for appointment in other government service. Provided that
nothing in this clause shall be deemed to be a bar to the appointment to any political position or
to any position which has the responsibility of making investigations, inquiries or findings on
any subject, or to any position which has the responsibility of submitting advice, opinion or
recommendation after carrying out a study or research on any subject.
249. Functions, duties and powers of National Human Rights Commission: (1) It shall be the
duty of the National Human Rights Commission to respect, protect and promote human rights
and ensure effective enforcement thereof.
(2) For the accomplishment of the duty mentioned in clause (1), the National Human Rights
Commission shall perform the following functions:
(a) to inquire, on its own initiative or on petition or complaint presented in or sent to the
Commission by a victim or any person on his or her behalf or on information received by
the Commission from any source, into and investigate complaints of violations of human
rights of an individual or group or abetment thereof, and make recommendation for
action against the perpetrators,

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [75]

(b) if any official who has the responsibility or duty to prevent violations of human rights
fails to fulfil or perform his or herresponsibility or duty or shows reluctance in the
fulfilment or performance of his or her responsibility or duty, to make recommendation to
the concerned authority to take departmental action against such official,
(c) if it is required to institute a case against any person or organization who has violated
human rights, to make recommendation to file a case in the court in accordance with law;
(d) to coordinate and collaborate with the civil society in order to enhance awareness on
human rights,
(e) to make recommendation, accompanied by the reasons and grounds, to the concerned
body for taking departmental action against and imposing punishment on those who have
violated human rights,
(f) to carry out periodic reviews of the relevant laws relating to human rights and make
recommendation to the Government of Nepal for necessary improvements in and
amendments to such laws,
(g) if Nepal has to become a party to any international treaty or agreement on human
rights, to make recommendation, accompanied by the reasons therefor, to the
Government of Nepal; and monitor whether any such treaty or agreement to which Nepal
is already a party has been implemented, and if it is found not to have been implemented,
to make recommendation to the Government of Nepal for its implementation,
(h) to publish, in accordance with law, the names of the officials, persons or bodies who
have failed to observe or implement any recommendations or directives made or given by
the National Human Rights Commission in relation to the violations of human rights, and
record them as violators of human rights.
(3) In discharging its functions or performing its duties, the National Human Rights Commission
may exercise the following powers:
(a) to exercise all such powers as of a court in respect of the summoning and enforcing
the attendance of any person before the Commission and seeking and recording his or her
information or statements or depositions, examining evidence and producing exhibits and
proofs,
(b) on receipt of information by the Commission in any manner that a serious violation of
human rights has already been committed or is going to be committed, to search any

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purpose
MPA 508: Administrative System in Nepal By: Ishwor Thapa [76]

person or his or her residence or office, enter such residence or office without notice, and,
in the course of making such search, take possession of any document, evidence or proof
related with the violation of human rights,
(c) in the event of necessity to take action immediately on receipt of information that the
human rights of any person are being violated, to enter any government office or any
other place without notice and rescue such person,
(d) to order for the provision of compensation in accordance with law to any person who
is a victim of the violations of human rights;
(4) The National Human Rights Commission may so delegate any of its functions, duties and
powers to the Chairperson of the Commission, any of its Members or a government employee as
to be exercised and complied with subject to the specified conditions.
(5) Other functions, duties and powers and rules of procedure of the National Human Rights
Commission shall be as provided for in the Federal law.
Part-26
6. National Natural Resources and Fiscal Commission
250. National Natural Resources and Fiscal Commission: (1) There shall be a National
Natural Resources and Fiscal Commission of Nepal, consisting of a maximum of five members
including a Chairperson.
(2) The President shall, on the recommendation of the Constitutional Council, appoint the
Chairperson and members of the National Natural Resources and Fiscal Commission.
(3) The term of office of the Chairperson and members of the National Natural Resources and
Fiscal Commission shall be six years from the date of appointment.
(4) Notwithstanding anything contained in clause (3), the office of the Chairperson or member of
the National Natural Resources and Fiscal Commission shall be vacant in any of the following
circumstances:
(a) if he or she tenders resignation in writing to the President,
(b) if he or she attains the age of sixty-five years,
(c) if a motion of impeachment is passed against him or her under
Article 101,

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [77]

(d) if he or she is removed from office by the President on recommendation of the

Constitutional Council on grounds of his or her inability to hold office and discharge the
functions due to physical or mental illness,
(e) if he or she dies.
(5) The Chairperson and members appointed under clause (2) shall not be eligible for
reappointment. Provided that a member may be appointed to the office of Chairperson, and when
a member is so appointed as the Chairperson, his or her term of office shall be so computed as to
include his or her term as the member.
(6) A person shall be eligible to be appointed as the Chairperson or a member of the National
Natural Resources and Fiscal Commission if he or she possesses the following qualification:
(a) having gained expertise upon being active for at least twenty years in the field of
natural resources or fiscal management, economics, law, management, after holding a
bachelor's degree in the relevant subject from a recognized university,
(b) not being a member of any political party at the time of appointment,
(c) having attained the age of forty five years,
(d) being of high moral character.
(7) The remuneration and other conditions of service of the Chairperson and members of the
National Natural Resources and Fiscal Commission shall be as provided for in the Federal law,
and their remuneration and conditions of service shall not, so long as they hold office, be altered
to their disadvantage. Provided that this provision shall not apply in cases where a state of
emergency is declared because of extreme economic disarrays.
(8) A person once appointed as the Chairperson or a member of the National Natural Resources
and Fiscal Commission shall not be eligible for appointment in other government service.
Provided that nothing in this clause shall be deemed to be a bar to the appointment to any
political position or to any position which has the responsibility of making investigations,
inquiries or findings on any subject, or to any position which has the responsibility of submitting
advice, opinion or recommendation after carrying out a study or research on any subject.
251. Functions, duties and powers of National Natural Resources and Fiscal
Commission: (1) The functions, duties and powers of the National Natural
Resources and Fiscal Commission shall be as follows:

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [78]

(a) to determine detailed basis and modality for the distribution of revenues between the
Federal, State and Local Governments out of the Federal Consolidated Fund in
accordance with the Constitution and law,
(b) to make recommendation about equalization grants to be provided to the State and
Local Governments out of the Federal Consolidated Fund,
(c) to conduct study and research work and prepare parameters as to conditional grants to
be provided to the State and Local Governments in accordance with national policies and
programs, norms/standards and situation of infrastructures,
(d) to determine detailed basis and modality for the distribution of revenues between the
State and Local Governments out of the State Consolidated Fund,
(e) to recommend measures to meet expenditures of the Federal, State and Local
Governments, and to reform revenue collection,
(f) to analyze macro-economic indicators and recommend ceiling of internal loans that
the Federal, State and Local Governments can borrow,
(g) to review the bases for the distribution between the Federal and State Governments of
revenues and recommend for revision,
(h) to set bases for the determination of shares of the Government of Nepal, State
Government and Local level in investments and returns, in the mobilization of natural
resources,
(i) to do study and research work on possible disputes that may arise between the
Federation and the States, between States, between a State and a Local level, and between
Local levels, and make suggestions to act in a coordinated manner for the prevention of
such disputes.
(2) The National Natural Resources and Fiscal Commission shall carry out necessary study and
research work about environmental impact assessment required in the course of distribution of
natural resources, and make recommendations to the Government of Nepal.
(3) Other functions, duties and powers and rules of procedure of the National Natural Resources
and Fiscal Commission, detailed bases required to be followed in the mobilization of natural
resources or distribution of revenues, and other matters including conditions of service of the
officials of the Commission shall be as provided for in the Federal law.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [79]

Part-27
Other Commissions
252. (7.) National Women Commission: (1) There shall be a National Women
Commission of Nepal, consisting of a Chairperson and four other members.
(2) The President shall, on the recommendation of the Constitutional Council, appoint the
Chairperson and members of the National Women Commission.
(3) The term of office of the Chairperson and members of the National Women Commission
shall be six years from the date of appointment.
(4) Notwithstanding anything contained in clause (3), the office of the Chairperson or member of
the National Women Commission shall be vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President,
(b) if he or she attains the age of sixty-five years,
(c) if a motion of impeachment is passed against him or her under Article 101,
(d) if he or she is removed from office by the President on recommendation of the
Constitutional Council on grounds of his or her inability to hold office and discharge the
functions due to physical or mental illness,
(e) if he or she dies.
(5) The Chairperson and members appointed under clause (2) shall not be eligible for
reappointment. Provided that a member may be appointed to the office of Chairperson, and when
a member is so appointed as the Chairperson, his or her term of office shall be so computed as to
include his or her term as the member.
(6) A person shall be eligible to be appointed as the Chairperson or a member of the National
Women Commission if he or she possesses the following qualification:
(a) being a woman having rendered outstanding contribution, for at least
ten years, to the field of rights and interests of women or gender
justice or women development or human rights and law,
(b) in the case of the Chairperson, holding a bachelor's degree from a
recognized university,
(c) having attained the age of forty five years,
(d) not being a member of any political party at the time of appointment,
and

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [80]

(e) being of high moral character.

(7) The remuneration and conditions of service of the Chairperson and members of the National
Women Commission shall be as provided for in the Federal law, and their remuneration and
conditions of service shall not, so long as they hold office, be altered to their disadvantage.
Provided that this provision shall not apply in cases where a state of emergency is declared
because of extreme economic disarrays.
(8) A person once appointed as the Chairperson or a member of the National Women
Commission shall not be eligible for appointment in other government service. Provided that
nothing in this clause shall be deemed to be a bar to the appointment to any political position or
to any position which has the responsibility of making investigations, inquiries or findings on
any subject, or to any position which has the responsibility of submitting advice, opinion or
recommendation after carrying out a study or research on any subject.
253. Functions, duties and powers of National Women Commission: (1) The functions, duties
and powers of the National Women Commission shall be as follows:
(a) to formulate policies and programs concerning the rights and interests of the women
and submit them to the Government of Nepal for implementation.
(b) to monitor as to whether laws concerning the rights and interests of the women and
obligations under the international treaties to which Nepal is a party have been
implemented, and make suggestions, accompanied by the measures for their effective
compliance and implementation to the Government of Nepal,
(c) in order to have the women included in the mainstream of national development and
ensure proportional participation in all organs of the State, to assess, monitor and
evaluate the existing policies and programs, and make recommendation to the
Government of Nepal for their effective implementation,
(d) to carry out study and research work on the legal provisions relating to gender
equality, empowerment of women and women, make recommendations to the concerned
bodies on reforms to be made on such laws, and monitor the same.
(e) to make suggestions to the Government of Nepal about the preparation
of reports to be submitted by Nepal in accordance with the provisions contained in the
international treaties or agreements concerning women's rights, to which Nepal is a party,

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [81]

(f) if it is necessary to file cases against any persons or bodies on matters ofviolence
against women or being subjected to social ill-practices or infringement of or deprivation
of enjoyment of women's rights, to make recommendations to the concerned bodies to
file such cases in courts in accordance with the law.
(2) The National Women Commission may so delegate any of it functions, duties and powers to
the Chairperson of the Commission, any of its members or any employee of the Government of
Nepal as to be exercised and complied with subject to the specified conditions.
(3) Other functions, duties and powers and other relevant matters of the
National Women Commission shall be as provided for in the Federal law.
254. Powers to establish offices in States: The National Women Rights Commission may, as
required, establish its offices in States.
255. (8.) National Dalit Commission: (1) There shall be a National Dalit Commission of
Nepal, consisting of a Chairperson and four other members.
(2) The President shall, on the recommendation of the Constitutional Council, appoint the
Chairperson and members of the National DalitCommission.
(3) The term of office of the Chairperson and members of the National Dalit Commission shall
be six years from the date of appointment.
(4) Notwithstanding anything contained in clause (3), the office of the Chairperson or member of
the National Dalit Commission shall be vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President,
(b) if he or she attains the age of sixty-five years,
(c) if a motion of impeachment is passed against him or her under
Article 101,
(d) if he or she is removed from office by the President on
recommendation of the Constitutional Council on grounds of
his or her inability to hold office and discharge the functions
due to physical or mental illness,
(e) if he or she dies.
(5) The Chairperson and members appointed under clause (2) shall not be eligible for
reappointment. Provided that a member may be appointed to the office of Chairperson, and when

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [82]

a member is so appointed as the Chairperson, his or her term of office shall be so computed as to
include his or her term as the member.
(6) A person shall be eligible to be appointed as the Chairperson or a member of the National
Dalit Commission if he or she possesses the following qualification:
(a) being a person having rendered outstanding contribution to the field of rights and
interests of the Dalit community or human rights and
law, for at least ten years,
(b) in the case of the Chairperson, holding at least a bachelor's degree from a recognized
university,
(c) having attained the age of forty five years,
(d) not being a member of any political party at the time of appointment,
and
(e) being of high moral character.
(7) The remuneration and conditions of service of the Chairperson and members of the National
Dalit Commission shall be as provided for in the Federal law, and their remuneration and
conditions of service shall not, so long as they hold office, be altered to their disadvantage.
Provided that this provision shall not apply in cases where a state of emergency is declared
because of extreme economic disarrays.
(8) A person once appointed as the Chairperson or a member of the National Dalit Commission
shall not be eligible for appointment in other government service. Provided that nothing in this
clause shall be deemed to be a bar to the appointment to any political position or to any position
which has the responsibility of making investigations, inquiries or findings on any subject, or to
any position which has the responsibility of submitting advice, opinion or recommendation after
carrying out a study or research on any subject.
256. Functions, duties and powers of National Dalit Commission: (1) The functions, duties
and powers of the National Dalit Commission shall be as follows:
(a) to conduct study and exploration as to the overall situation of the Dalit community,
identify areas of necessary policy, legal and institutional reforms in that field, and make
recommendations to the Government of Nepal,
(b) to formulate national policies and programs concerning the interests of the Dalit of
the upliftment and development of the Dalit, putting an end to caste-based discrimination,

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [83]

oppression and discrimination, and submit such policies and programs to the Government
of Nepal for their implementation,
(c) to monitor as to whether laws concerning the interests of the Dalit, including the
special provisions made for the upliftment and interests of the Dalit community have
been effectively implemented, and in the event of absence of observance or
implementation, to make suggestions to the Government of Nepal for the observance or
implementation thereof,
(d) to make suggestions to the Government of Nepal about the preparation of reports to
be submitted by Nepal in accordance with the provisions contained in the international
treaties or agreements concerning the rights of the Dalit community, to which Nepal is a
party,
(e) in order to have the Dalit community included in the mainstream of national
development and ensure proportional participation in all organs of the State, to assess,
monitor and evaluate the existing policies and programs, and make recommendation to
the Government of Nepal for their effective implementation,
(f) if it is necessary to file cases against any persons or bodies on matters of being victims
of caste-based discrimination and untouchability or social ill-practices or infringement of
or deprivation of enjoyment of the rights of the Dalit, to make recommendations to the
concerned bodies to file such cases in courts in accordance with the law.
(2) The National Dalit Commission may so delegate any of its functions, duties and powers to
the Chairperson of the Commission, any of its members or any employee of the Government of
Nepal as to be exercised and complied with subject to the specified conditions.
(3) Other functions, duties and powers and other relevant matters of the National Dalit
Commission shall be as provided for in the Federal law.
257. Powers to establish offices in States: The National Dalit Commission may, as required,
establish its offices in States.
258. (9.) National Inclusion Commission: (1) There shall be a National Inclusion
Commission of Nepal, consisting of a Chairperson and four other members.
(2) The President shall, on the recommendation of the ConstitutionalmCouncil, appoint the
Chairperson and members of the National Inclusion Commission.
(3) The term of office of the Chairperson and members of the National

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [84]

Inclusion Commission shall be six years from the date of appointment.

(4) Notwithstanding anything contained in clause (3), the office of the
Chairperson or member of the National Inclusion Commission shall be vacant in any of the
following circumstances:
(a) if he or she tenders resignation in writing to the President,
(b) if he or she attains the age of sixty-five years,
(c) if a motion of impeachment is passed against him or her under Article 101,
(d) if he or she is removed from office by the President on recommendation of the
Constitutional Council on grounds of his or her inability to hold office and discharge the
functions due to physical or mental illness,
(e) if he or she dies.
(5) The Chairperson and members appointed under clause (2) shall not be eligible for
reappointment. Provided that a member may be appointed to the office of Chairperson, and when
a member is so appointed as the Chairperson, his or her term of office shall be so computed as to
include his or her term as the member.
(6) A person shall be eligible to be appointed as the Chairperson or a member of the National
Inclusion Commission if he or she possesses the following qualification:
(a) being a person having rendered outstanding contribution, for at least ten years, to the
field of social inclusion, rights and interests or development of persons with disabilities,
minority and marginalized communities and backward areas and classes or human rights,
(b) in the case of the Chairperson, holding a bachelor's degree from a recognized
university,
(c) having attained the age of forty five years,
(d) not being a member of any political party at the time of appointment, and
(e) being of high moral character.
(7) The remuneration and conditions of service of the Chairperson and members of the National
Inclusion Commission shall be as provided for in the Federal law, and their remuneration and
conditions of service shall not, so long as they hold office, be altered to their disadvantage.
Provided that this provision shall not apply in cases where a state ofemergency is declared
because of extreme economic disarrays.
(8) A person once appointed as the Chairperson or a member of the

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [85]

National Inclusion Commission shall not be eligible for appointment in other government
service. Provided that nothing in this clause shall be deemed to be a bar to the appointment to
any political position or to any position which has the responsibility of making investigations,
inquiries or findings on any subject, or to any position which has the responsibility of submitting
advice, opinion or recommendation after carrying out a study or research on any subject.
259. Functions, duties and powers of National Inclusion Commission: (1) The functions,
duties and powers of the National Inclusion Commission shall be as follows:
(a) to conduct study and research works for the protection of the rights and interests of
the communities, including KhasArya, Pichhada class, persons with disabilities, senior
citizens, labours, peasants, minorities and marginalized community, backward class,
people of Karnali and the indigent class,
(b) to study the status of implementation of the policies and laws adopted by the
Government of Nepal for the inclusion of the community, class and region mentioned in
sub-clause (a) and make suggestions to the Government for reforms,
(c) to study as to whether there has been appropriate representation of the community,
class and region mentioned in sub-clause (a) in the organs of the State and make
suggestions to the Government of Nepal to review the special provisions made for the
representation of such community, class and region,
(d) to study as to whether the protection, empowerment and development of the
community, class and region mentioned in sub-clause (a) has been satisfactory and make
recommendations to the Government of Nepal about policies to be pursued in the future,
(e) to make suggestions to the Government of Nepal about policies and programs to be
pursued for the development and prosperity of the Karnali and backward regions,
(f) to make recommendations for timely revisions of laws concerning minority and
marginalized communities,
(g) to monitor the status of implementation of rights and interests guaranteed for minority
and marginalized communities and make recommendations for revision upon necessary
review on the basis of periodic national census and human development index.
(2) The National Inclusion Commission may so delegate any of its functions, duties and powers
to the Chairperson of the Commission, any of its members or any employee of the Government
of Nepal as to be exercised and complied with subject to the specified conditions.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [86]

(3) Other functions, duties and powers and other relevant matters of the National Inclusion
Commission shall be as provided for in the Federal law.
260. Powers to establish offices in States: The National Inclusion Rights Commission may, as
required, establish its offices in States.
261. (10.) Indigenous Nationalities Commission:
(1) There shall be an Indigenous Nationalities Commission of Nepal, consisting of a Chairperson
and a maximum of four other members.
(2) The President shall, on the recommendation of the Constitutional Council, appoint the
Chairperson and members of the Indigenous Nationalities Commission.
(3) The term of office of the Chairperson and members of the Indigenous Nationalities
Commission shall be six years from the date of appointment.
(4) Other matters relating to the qualification for the Chairperson and members of the Indigenous
Nationalities Commission, circumstances in which their offices fall vacant, their remuneration
and conditions of service and the functions, duties and powers of this Commission shall be as
provided for in the Federal law.
262. (11.) Madhesi Commission:
(1) There shall be a Madhesi Commission of Nepal, consisting of a Chairperson and a maximum
of four other members.
(2) The President shall, on the recommendation of the Constitutional Council, appoint the
Chairperson and members of the Madhesi Commission.
(3) The term of office of the Chairperson and members of the Madhesi Commission shall be six
years from the date of appointment.
(4) Other matters relating to the qualification for the Chairperson and members of the Madhesi
Commission, circumstances in which their offices fall vacant, their remuneration and conditions
of service and the functions, duties and powers of this Commission shall be as provided for in the
Federal law.
263. (12.) Tharu Commission:
(1) There shall be a Tharu Commission of Nepal, consisting of a Chairperson and a maximum of
four other members.
(2) The President shall, on the recommendation of the Constitutional Council, appoint the
Chairperson and members of the Tharu Commission.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [87]

(3) The term of office of the Chairperson and members of the Tharu Commission shall be six
years from the date of appointment.
(4) Other matters relating to the qualification for the Chairperson and members of the Tharu
Commission, circumstances in which their offices fall vacant, their remuneration and conditions
of service and the functions, duties and powers of this Commission shall be as provided for in the
Federal law.
264. (13.) Muslim Commission:
(1) There shall be a Muslim Commission of Nepal, consisting of a Chairperson and a maximum
of four other members.
(2) The President shall, on the recommendation of the Constitutional Council, appoint the
Chairperson and members of the Muslim Commission.
(3) The term of office of the Chairperson and members of the Muslim Commission shall be six
years from the date of appointment.
(4) Other matters relating to the qualification for the Chairperson and members of the Muslim
Commission, circumstances in which their offices fall vacant, their remuneration and conditions
of service and the functions, duties and powers of this Commission shall be as provided for in the
Federal law.
265. Review of Commissions: The Federal Parliament shall, after ten years of the
commencement of this Constitution, review the Commissions formed under this part.
Ministries of Government of Nepal:
S.N Ministry Nepali Minister
1 Office of Prime Minister प्रधानम�ी तथा Khadga Prasad Oli
म��प�रषद्को काया�लय
2 Ministry of Agriculture, Land कृिष, भूिम �वस्था तथा Pamfaa bhusaal
Management and Cooperatives सहकारी म�ालय
3 Ministry of Culture, Tourism सं�ृित, पय�टन तथा नाग�रक Vacant
and Civil Aviation उ�यन म�ालय
4 Ministry of Defence र�ा म�ालय Ishwor Pokhrel
5 Ministry of Education, Science िश�ा, िव�ान तथा प्रिविध Giriraj Mani
and Technology म�ालय Pokharel
6 Ministry of Energy, Water ऊजा�, जल स्रोत तथा िसंचाई Barsaman Pun
Resources and Irrigation म�ालय

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [88]

S.N Ministry Nepali Minister

7 Ministry of Federal Affairs and स�ीय मािमला तथा सामा� Lal Babu Pandit
General Administration प्रशासन म�ालय
8 Ministry of Finance अथ� म�ालय Yuba Raj
Khatiwada
9 Ministry of Foreign Affairs पररा�� म�ालय Pradip Kumar
Gyawali
10 Ministry of Forests and वन तथा वातावरण म�ालय Shakti Bahadur
Environment Basnet
11 Ministry of Health and �ा� तथा जनसं�ा Upendra Yadav
Population म�ालय
12 Ministry of Home Affairs गृह म�ालय Ram Bahadur
Thapa
13 Ministry of Industry, उ�ोग, वािण� तथा अ◌ापूित� Matrika Prasad
Commerce and Supplies म�ालय Yadav
14 Ministry of Information and स�ार तथा सूचना प्रिविध Gokul Prasad
Communications म�ालय Baskota
15 Ministry of Labour, श्रम, रोजगार तथा सामािजक Gokarna Bista
Employment and Social सुर�ा म�ालय
Security
16 Ministry of Land Management, भूिम �वस्था, सहकारी तथा Padma Kumari
Cooperatives and Poverty ग�रबी िनवारण म�ालय Aryal
Alleviation
17 Ministry of Law, Justice and कानून, �ाय तथा संसदीय Bhanubhakta
Parliamentary Affairs मािमला म�ालय Dhakal
18 Ministry of Physical भौितक पुवा�धार तथा यातायात Raghubir Mahaseth
Infrastructure and Transport म�ालय
19 Ministry of Urban सहरी िवकास म�ालय Mohammad Rai
Development (Nepal)
20 Ministry of Water Supply खानेपानी म�ालय Bina Magar
21 Ministry of Women, Children मिहला, बालबािलका तथा जे� Tham Maya Thapa
and Senior Citizen नाग�रक म�ालय
Jagat Bahadur
22 Ministry of Youth and Sports युवा तथा खे�ुद म�ालय Sunar
Sub-national/ Provincial Level:
The Provinces of Nepal (Nepali: नेपालका प्रदे शह� Nepalka Pradeshaharu) were formed on 20
September 2015 in accordance with Schedule 4 of the Constitution of Nepal. The seven
provinces were formed by grouping the existing districts. The current system of seven provinces

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replaced an earlier system where Nepal was divided into 14 Administrative Zones which were
grouped into five Development Regions.
History:
The Provinces of Nepal were formed on according to Schedule 4 of the Constitution of Nepal.
The Seven provinces were formed by grouping the existing districts; two districts,
namely Nawalparasi and Rukum, were split between two provinces. Each district has local units.
Nepal includes six metropolises, 11 sub-metropolises, 276 municipal councils and 460 village
councils.The current system of seven provinces replaced an earlier system where Nepal was
divided into 14 Administrative Zones which were grouped into five Development Regions.
In January 2018, the Government of Nepal announced temporary headquarters of the seven
provinces.According to Article 295 (2), the permanent names of the provinces will be
determined by a two-thirds vote of the respective province's legislature.
Government:
The executive power of the provinces, pursuant to the Constitution and laws, is vested in the
Council of Ministers of the province. The executive power of the province shall be exercised by
the province Head in case of absence of the province Executive in a State of Emergency or
enforcement of the Federal rule. Every province has a ceremonial Head as the representative of
the Federal government. The President appoints a Governor for every province. The Governor
exercises the rights and duties as to be performed specified in the constitution or laws. The
Governor appoints the leader of the parliamentary party with the majority in the Provincial
Assembly as the Chief Minister and the Council of Ministers are formed under the
chairpersonship of the Chief Minister.
Assemblies:
A Pradesh Sabha or Provincial Assembly is the unicameral legislative assembly for a federal
province. The term for the Provincial Assembly is five years, except when dissolved earlier.
Candidates for each constituency are chosen by the political parties or stand as independents.
Each constituency elects one member under the first past the post system of election. Since
Nepal uses a parallel voting system, voters cast another ballot to elect members through
the party-list proportional representation. The current constitution specifies that sixty percent of
the members should be elected from the first past the post system and forty percent through
the party-list proportional representation system. Women should account for one third of total

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members elected from each party and if one-third percentage are not elected, the party that fails
to ensure so shall have to elect one-third of total number as women through the party-list
proportional representation.
A party with an overall majority (more seats than all other parties combined) following an
election forms the government. If a party has no outright majority, parties can seek to form
coalitions.
Part -13
State Executive
162. Executive power of State: (1) The executive power of a State shall, pursuant to this
Constitution and the State law, be vested in the State Council of Ministers. Provided that if a
State Executive does not exist because of enforcement of Federal governance, the Chief of State
shall exercise the executive power of the State as directed by the Government of Nepal.
(2) The responsibility for issuing general directives, controlling and regulating the governance of
the State shall, subject to this Constitution and other laws, lie in the State Council of Ministers.
(3) All State executive functions shall be performed in the name of the State Government.
(4) The executive power of the State shall be as mentioned in Schedule- 6, Schedule-7 and
Schedule-9 subject to this Constitution. Provided that the State Council of Ministers shall
exercise the executive powers in coordination with the Government of Nepal, except as explicitly
mentioned in this Constitution and in the Federal law in relation to concurrent powers of the
Federation and the State.
(5) Any decision or order to be issued in the name of the State Government pursuant to clause (3)
and other instruments of authorization pertaining thereto shall be authenticated as provided for in
the State law.
163. Provisions relating to Chief of State:
(1) There shall be a Chief of State in eachState, as a representative of the Government of
Nepal.
(2) The President shall appoint one Chief of State for each State.
(3) The term of office of a Chief of State shall be five years except where the President
removes him or her from office prior to the expiration of his or her term of office.
(4) A person may not be the Chief of State for more than once in the same State.

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164. Qualification for Chief of State: A person who has the following qualification shall be
qualified to become the Chief of State:
(a) being qualified for being a member of the Federal Parliament,
(b) having completed the age of thirty five years, and
(c) Not being disqualified by any law.
165. Vacation of office of Chief of State: (1) The office of the Chief of State shall become
vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President,
(b) if his or her term of office expires and he or she is removed from office by the
President prior to expiration of the term,
(c) if he or she dies.
(2) If the office of the Chief of State of any State falls vacant, the President may so designate the
Chief of State of another State to act as such also for such State.
166. Functions, duties and powers of Chief of State: (1) The Chief of State shall exercise such
powers and perform such duties as conferred to him or her pursuant to this Constitution or law.
(2) In exercising the powers or duties under clause (1), the Chief of State shall perform all other
functions to be performed by him or her on recommendation and with the consent of the State
Council of Ministers than those functions specifically provided to be performed on
recommendation of any body or official pursuant to this Constitution or law. Such
recommendation and consent shall be submitted through the Chief Minister.
(3) Any decision or order to be issued in the name of the Chief of State under clause (2) and
other instrument of authorization pertaining thereto shall be authenticated as provided for in the
State law.
167. Oath by Chief of State: The Chief of State shall, prior to assuming office, take an oath of
office and secrecy before the President, as provided for in the Federal law.
168. Constitution of State Council of Ministers: (1) The Chief of State shall appoint the leader
of the parliamentary party commanding a majority in the State Assembly as the Chief Minister,
and the State Council of Ministers shall be constituted under his or her chairpersonship.
(2) In cases where no party has a clear majority in the State Assembly under clause (1), the Chief
of State shall appoint as the Chief Minister a member of the State Assembly who can command
majority with the support of two or more parties representing to the State Assembly.

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(3) In cases where the Chief Minister cannot be appointed under clause
(2) no later than thirty days after the date of declaration of the final results of election to the State
Assembly or the Chief Minister so appointed fails to secure a vote of confidence under clause
(4), the Chief of State shall appoint as the Chief Minister the parliamentary party leader of the
party which has the highest number of members in the State Assembly.
(4) The Chief Minister appointed under clause (2) or (3) shall obtain a vote of confidence from
the State Assembly no later than thirty days after the date of such appointment.
(5) In cases where the Chief Minister appointed under clause (3) fails to obtain a vote of
confidence under clause (4) and any member under clause (2) presents a ground on which he or
she can obtain a vote of confidence in the State Assembly, the Chief of State shall appoint such
a member as the Chief Minister.
(6) The Chief Minister appointed under clause (5) must obtain a vote of confidence under clause
(4).
(7) In cases where the Chief Minister appointed under clause (5) fails to obtain a vote of
confidence or the Chief Minister cannot be appointed, the Chief of State shall, on
recommendation of the Chief Minister, dissolve the State Assembly and appoint a date of
election so that the election to another State Assembly is completed within six months.
(8) Procedures on the appointment of the Chief Minister under this Article must be completed no
later than thirty five days after the date of declaration of the final results of election to the State
Assembly held under this Constitution or the date on which the office of the Chief Minister has
fallen vacant.
(9) The Chief of State shall, on recommendation of the Chief Minister, constitute the State
Council of Ministers consisting of a maximum of twenty percent of the total number of members
of the State Assembly, including the Chief Minister, in accordance with the inclusive principle,
from amongst the members of the State Assembly.
Explanation: For the purposes of this Article, "Minister" means a Minister, Minister of State and
Assistant Minister.
(10) The Chief Minister and Ministers shall be collectively responsible to State Assembly, and
the Ministers shall be individually responsible for the work of their respective Ministries to
the Chief Minister and the State Assembly.

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169. Vacation of office of Chief Minister and Minister: (1) The office of the Chief Minister
shall be vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the Chief of State,
(b) if a vote of no-confidence is passed against him or her under Article
188 or a vote of confidence is not passed,
(c) if he or she ceases to be a member of the State Assembly,
(d) if he or she dies.
(2) The office of a Minister shall be vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the Chief Minister,
(b) if the Chief Minister removes him or her from office,
(c) if the office of the Chief Minister falls vacant under sub-clause (a),
(b) or (c) of clause (1),
(d) if he or she dies.
(3) Even though the office of the Chief Minister falls vacant under clause (1), the same Council
of Ministers shall continue to act until another State Council of Ministers is constituted.
Provided that if the Chief Minister dies, the senior-most Minister shall act as the Chief Minister
until a new Chief Minister is appointed.
170. Appointment of non-member of State Assembly as Minister: (1) Notwithstanding
anything contained in clause (9) of Article 168, the Chief of State may, on the recommendation
of the Chief Minister, appoint any person who is not a member of the State Assembly as a
Minister.
(2) A Minister appointed under clause (1) must obtain membership of the State Assembly within
six months from the date of taking an oath by him or her.
(3) In the event of failure to obtain membership of the State Assembly within the period
mentioned in clause (2), he or she shall not be eligible to be reappointed to the office of Minister
during the term of the then State Assembly.
(4) Notwithstanding anything contained in clause (1), a person who has been defeated in the
election to the then State Assembly shall be not eligible to be appointed to the office of Minister
under clause (1) during the term of such State Assembly.
108

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171. Remuneration and other Facilities of Chief Minister and Minister: The remuneration and
other facilities of the Chief Minister and Ministers shall be as provided by a State Act, and until
such Act is made, shall be as specified by the State Government.
172. Oath: The Chief Minister and Ministers shall, before assuming their respective offices, take
an oath of office and secrecy before the Chief of State, and Ministers of State and Assistant
Ministers, before the Chief Minister, as provided for in the State law.
173. To give information to Chief of State: The Chief Minister shall inform the Chief of State
about the following matters:
(a) resolutions of the State Council of Ministers,
(b) Bills to be introduced in the State Assembly,
(c) such other necessary information as commanded by the Chief of State on matters set
forth in clauses (a) and (b), and
(d) current general state of affairs of the State.
174. Transaction of business of State Government: (1) The allocation and transaction of
business of the State Government shall be carried out in accordance with the rules approved by
the State Government.
(2) No question shall be raised in any court as to whether or not the rules under clause (1) have
been observed.
Part-14
State Legislature
175. State Legislature: The legislature of a State shall be unicameral, which shall be called as
the State Assembly.
176. Composition of State Assembly: (1) Each State Assembly shall consist of a number of
members, as follows:
(a) Members in a number that is twice as many as the number of members elected to the House
of Representatives from the concerned State, through the first past the post electoral system,
(b) The number of members to be set under clause (a) shall be considered to be sixty percent, and
the rest forty percent members to be elected, through the proportional electoral system.
(2) Election constituencies shall be set on the basis of geography and population as provided for
in the Federal law, for the election to members under sub-clause (a) of clause (1).

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(3) Sixty percent members of the State Assembly shall be elected in accordance with the first
past the post electoral system and the forty percent members in accordance with the proportional
electoral system.
(4) Election to the members of the State Assembly under clause (3) shall be held through adult
suffrage by secret ballots in accordance with law.
(5) Each citizen of Nepal who resides within the territory of the State and who has completed the
age of eighteen years shall have a right to vote in any one election constituency in accordance
with law.
(6) The Federal law shall provide that, in fielding candidacy by political parties for the election
to the State Assembly under the proportional electoral system, representation shall be ensured on
the basis of a closed list also from women, Dalit, indigenous, indigenous nationalities, Khas
Arya, Madhesi, Tharu, Muslims and backward regions, minority communities, on the basis of
population. In so fielding candidacy, regard shall also be had to geographical balance of the
concerned State.
Explanation: For the purposes of this clause, "Khas Arya" means Kshetri,
Brahmin, Thakuri, Sanyasi (Dashnami) community.
(7) In fielding candidacy under clause (6), political parties must providefor representation of the
persons with disabilities as well.
(8) If the seat of a member of the State Assembly falls vacant while its term still remains for
more than six months, the vacancy shall be filled through the same electoral system as through
which such seat was filled in.
(9) Notwithstanding anything contained elsewhere in this Article, at least one third of the total
number of members elected from each political party representing in the State Assembly must be
women. If women are not so elected as to constitute one third of the elected members of any
political party under subclause
(a) of clause (1), such political party must, in electing members under subclause
(b) of that clause, so elect that women members constitute at least one third of the total
number of members elected to the State Assembly from that party.
(10) A person who is qualified under Article 178 and entitled to vote in an election to the
members of the State Assembly may, subject to law, be a candidate in any election constituency

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of the State. Provided that a person shall not be a candidate in more than one election
constituencies at the same time.
(11) Other provisions relating to election to the State Assembly shall be as provided for in the
Federal law.
177. Term of State Assembly: (1) Unless dissolved earlier pursuant to this Constitution, the
term of the State Assembly shall be five years.
(2) Notwithstanding anything contained in clause (1), the term of the
State Assembly may be extended by a State Act for a period not exceeding one year in cases
where a proclamation or order of a state of emergency is in effect.
(3) The term of the State Assembly extended under clause (2) shall ipso facto be terminated after
the expiry of six months from the date of voidance of the proclamation or order of the state of
emergency in the concerned State.
178. Qualification for member of State Assembly: (1) A person who has the following
qualification shall be qualified to become a member of the State Assembly:
(a) being a citizen of Nepal,
(b) being a voter of the concerned State,
(c) having completed the age of twenty five years,
(d) not having been convicted of a criminal offense involving moral
turpitude,
(e) not being disqualified by any law, and
(f) not holding any office of profit.
Explanation: For the purposes of this clause, "office of profit" means any position, other than a
political position which is to be filled by election or nomination, for which a remuneration or
economic benefit is paid out of a government fund.
(2) If a person who holds a political office to be filled by way of election, nomination or
appointment is elected as a member of the State Assembly under this Part, his or her such office
shall ipso facto be vacant with effect from the day on which he or she takes an oath of such
office.
179. Oath of member of State Assembly: Every member of the State Assembly must, before
taking part for the first time in the meeting of the Assembly or any of its committees, take an
oath as provided for in the State law.

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180. Vacation of seat of member of State Assembly: The seat of a member of the State
Assembly shall become vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing before the Speaker of the
State Assembly,
(b) if he or she is no longer qualified or ceases to possess the
qualification under Article 178,
(c) if the term of the State Assembly expires or it is dissolved,
(d) if he or she absents himself or herself from ten consecutive
meetings, without giving notice to the State Assembly,
(e) if the political party of which he or she was a member when elected
provides a notification as provided for in the Federal law that he or
she has defected from the party,
(f) If he or she dies.
181. Decision as to disqualification of member: If a question arises as to whether any member
of the State Assembly is disqualified or has ceased to possess any of the qualifications under
Article 178, the Constitutional Bench of the Supreme Court shall make the final decision of such
question.
182. Speaker and Deputy Speaker of State Assembly: (1) The members of the State
Assembly shall, not later than fifteen days of the date of holding of the first meeting of the State
Assembly, elect a State Speaker and a Deputy State Speaker from amongst themselves.
(2) Election under clause (1) shall be so held that there is one woman out of the State Speaker
and the Deputy State Speaker, and the State Speaker and the Deputy State Speaker of the State
Assembly shall be representatives from different parties. Provided that if there is no
representation of more than one party in the State Assembly or no candidacy is filed by more
than one party despite representation, nothing shall prevent the members of the same party from
being the State Speaker and the Deputy State Speaker of the State Assembly.
(3) If the office of the State Speaker or the Deputy State Speaker falls vacant, the members of
the State Assembly shall fill the vacancy through election to the State Speaker or the Deputy
State Speaker from amongst themselves.
(4) The Deputy State Speaker shall, in the absence of the State Speaker of the State Assembly,
chair the State Assembly.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [98]

(5) If the election to the State Speaker and the Deputy State Speaker has not taken place, or if
both the positions have become vacant, the attending member who is by age the senior-most
shall chair the meeting of the State Assembly.
(6) The office of the State Speaker or the Deputy State Speaker of the State Assembly shall
become vacant in any of the following circumstances:
(a) if he or she ceases to be a member of the State Assembly, Provided that, in the event
of the dissolution of the State Assembly, the State Speaker and the Deputy State Speaker
of the State Assembly holding their respective offices shall continue in office until the
previous day of the filing of nominations for another election to the State Assembly,
(b) if he or she resigns in writing,
(c) if a resolution is passed by a majority of two-thirds of the total number of the then
members of the State Assembly to the effect that his or her conduct is not compatible
with his or her office.
(7) The State Deputy Speaker shall preside over a meeting at which deliberations are to be held
on a motion that the conduct of the Speaker of the State Assembly is not compatible with his or
her office. The State Speaker shall be to take part and vote in the deliberations on such motion.
183. Summoning and prorogation of session of State Assembly: (1) The Chief of State shall
summon a session of the State Assembly within twenty days of the declaration of final results of
the election to the State Assembly. Thereafter, the Chief of State shall, from time to time,
summon other sessions pursuant to this Constitution. Provided that the interval between the two
consecutive sessions shall not exceed six months.
(2) The Chief of State may prorogue the sessions of the State Assembly.
(3) If, during the prorogation or recess of the session of the State Assembly, one-fourth of the
total number of its members make a petition that it is expedient to convene a session or meeting,
the Chief of State shall specify the date and time for such session or meeting. The State
Assembly shall meet or commence its session at the date and time so specified.
184. Address by Chief of State: (1) The Chief of State may address a sitting of the State
Assembly, and summon the members for that purpose.
(2) The Chief of State shall address the first session after an election to the State Assembly and a
sitting of the State Assembly after the commencement of the first session of each year.

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185. Quorum of State Assembly: Except as otherwise provided for in this Constitution, no
question or motion shall be presented for decision in the State Assembly unless one-fourth of the
total number of its members are present.
186. Voting in State Assembly: All questions submitted for decision in the State Assembly shall
be decided by a majority vote of the members present and participate in voting. The member
chairing the meeting shall not have the right to vote. Provided that he or she may exercise his or
her casting vote in the case of a tie.
187. Privileges of State Assembly: (1) There shall be full freedom of speech in the State
Assembly, subject to this Constitution, and no member shall be arrested, detained or prosecuted
in any court for anything expressed or any vote cast by him or her in the State Assembly.
(2) The State Assembly shall, subject to this Constitution, have full power to regulate and decide
its internal business, and it shall be the exclusive right of the State Assembly to decide whether
or not any of its proceedings is regular or irregular. No question shall be raised in any court in
this behalf.
(3) No comment shall be made about the good faith concerning any proceeding of the State
Assembly, and no publication and broadcasting of any kind shall be made about anything said by
any member, intentionally distorting or misinterpreting the meaning of the speech.
(4) The provisions of clauses (1) and (3) shall also apply to other persons who are entitled to
participate in the meetings of the State Assembly than the members of State Assembly.
(5) No proceedings shall be initiated in any court against any person in respect of the publication,
under the authority granted bythe State Assembly, of any document, report, vote or proceeding.
Explanation: For the purposes of this clause and clauses (1), (2), (3) and (4), "State Assembly"
means and includes the meeting of a committee of the State Assembly.
(6) No member of the State Assembly may be arrested during the period from the issuance of a
notice summoning the session to its prorogation. Provided that nothing in this clause shall be
deemed to prevent the arrest under the law of any member on a criminal charge. If any member
is so arrested, the authority making such arrest shall forthwith give information thereof to the
person presiding over the State Assembly.
(7) Any breach of the privileges shall be deemed to constitute contempt of the State Assembly,
and the State Assembly shall have the exclusive right to decide whether any breach of its
privileges has taken place.

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(8) If any person is in contempt of the State Assembly, the person presiding over the State
Assembly may, after a decision by the State Assembly to that effect, admonish, warn or impose a
sentence of imprisonment for a term not exceeding three months or of a fine not exceeding ten
thousand rupees on such person, and such fine shall be recovered as a government due. Provided
that if such a person submits an apology to the satisfaction of the State Assembly, it may either
pardon him or her or remit or commute the sentence imposed on him or her.
(9) Other matters relating to privileges of the State Assembly shall be as provided in the State
law.
188. Provisions relating to vote of confidence and motion of no-confidence: (1) The Chief
Minister may, whenever he or she considers necessary or appropriate to show that he or she has
confidence from the State Assembly, table a resolution to that effect in the State Assembly for
the vote of confidence.
(2) If the political party which the Chief Minister represents is divided or a political party in
coalition State Government withdraws its support, the Chief Minister shall table a resolution in
the State Assembly for a vote of confidence within thirty days.
(3) If a resolution tabled under clauses (1) and (2) is not passed by a majority of the total number
of then members of the State Assembly, the Chief Minister shall relieve of his or her office.
(4) One-fourth of the total number of then members of the State Assembly may table in writing a
motion of no-confidence against the Chief Minister. Provided that a motion of no confidence
may not be tabled until the first two years after the appointment of the Chief Minister and until
another one year after the date of failure of the motion of no confidence once tabled.
(5) A motion of no confidence to be tabled under clause (4) shall also indicate the name of a
member proposed for Chief Minister.
(6) If a motion of no confidence tabled under clause (4) is passed by a majority of the total
number of then members of the State Assembly, the Chief Minister shall relieve of his or her
office.
(7) If the office of the Chief Minister falls vacant because of the passage of a vote of no-
confidence under clause (6), the Chief of State shall, in accordance with Article 168, appoint as
the Chief Minister the member of the State Assembly proposed under clause (5).
189. Minister, Minister of State and Assistant Minister entitled to take part in meetings of
State Assembly: The Minister, Minister of State and Assistant Minister shall be entitled to

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attend, and take part in the proceedings and deliberations of, the State Assembly or its
committees. Provided that a Minister, Minister of State or Assistant Minister who is not a
member of the State Assembly shall not be entitled to vote in a meeting of the State Assembly
or its committee, and a Minister, Minister of State or Assistant Minister shall not be entitled to
vote in a meeting of a committee of which he or she is not a member.
190. Penalty for unauthorized presence or voting in State Assembly: If a person who has not
taken oath under Article 179 or who is not a member of the State Assembly is present or votes in
a meeting of the State Assembly or of its committee as a member, the person shall, by order of
the person chairing the meeting, be fined with a sum of five thousand rupees for each instance of
such presence or voting, and such a fine shall be recovered as a government due.
191. Restriction on discussion: No discussion shall be held in the State Assembly on any
matters that may cause adverse effect on the dispensation of justice on any which are sub judice
in any courts of Nepal and on any judicial acts done by Judges in the course of performance of
their duties.
192. Transaction of business in case of vacancy in seat of member: The State Assembly shall
have the power to transact its business notwithstanding any vacancy in the seat of its member;
and no proceedings of the State Assembly already conducted shall become invalid even if it is
subsequently discovered that a person who was not so entitled took part in such proceedings.
193. Power of State Assembly to form committees: The State Assembly may, in accordance
with its rules, form committees or special committees, as required, in order to manage its
working procedures.
194. Procedures relating to conduct of business of State Assembly: The State Assemblyshall
frame rules to conduct its business, maintain order during its meetings and regulate the
constitution, functions and procedures of, and other matters relating to, its committees. Until
such rules are framed, the State Assembly shall regulate its procedures on its own.
195. Secretary and Secretariat of State Assembly: (1) The Chief of State shall appoint the
Secretary of the State Assembly on recommendation of the Speaker of State Assembly.
(2) There shall be a Secretariat for conducting and managing the business of the State Assembly.
The establishment of such Secretariat and other matters related thereto shall be as provided for in
the State law.

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(3) The qualification, functions, duties, powers and other conditions of service of the Secretary
of the State Assembly shall be as provided for in the State law.
196. Remuneration: The remuneration and facilities of the Speaker and the Deputy Speaker of
the State Assembly shall be as provided for in the State law, and as specified by the State
Government until such law is made.
Part-15
State Legislative Procedures
197. Legislative powers of State Assembly: The legislative powers of the State Assembly shall
be as contained in lists of Schedule-6, Schedule-7 and Schedule-9.
198. Procedures for introduction of Bills in State Assembly: (1) A Bill may, subject to this
Constitution, be introduced in the State Assembly.
(2) A Money Bill and a Bill concerning peace and security may be introduced only as a
Government Bill.
(3) "Money Bill" means a Bill concerning any or all of the following subjects:
(a) the imposition, collection, abolition, remission, alteration or
of taxes in the State,
(b) the preservation of the State Consolidated Fund or any other State Government Fund,
the deposit of moneys into and the appropriation or the withdrawal of moneys from such
Funds, or the reduction, increment or cancellation of appropriations or of proposed
expenditures from such Funds,
(c) the regulation of matters relating to the borrowing of money or the giving of
guarantee by the State Government, or any matter pertaining to the amendment of the law
with respect to any financial obligations undertaken or to be undertaken by the State
Government,
(d) the custody and investment of all revenues received by any
State Government Fund, moneys acquired through the repayment of loans, and grant moneys; or
audits of the accounts of the State Government, or
(e) other incidental matters directly related to any of the subjects specified in clause (a), (b), (c)
or (d). Provided that any Bill shall not be deemed to be a Money Bill by the reason only that it
provides for the levying of any charges or fees such as license fee, application fee, renewal fee or
for the imposition of fines or penalty of imprisonment.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [103]

(4) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of
State Assembly thereon shall be final.
199. Procedures for passage of Bills: (1) A Bill passed by the State Assembly shall be
presented to the Chief of State for assent.
(2) If a session of the State Assembly terminates while a Bill is under consideration,
deliberations on the Bill may continue at the succeeding session. Provided that if the State
Assembly is dissolved or its term expires when any Bill is under its consideration, such a Bill
shall lapse.
200. Withdrawal of Bills: A member who has introduced a Bill may, with the approval of the
State Assembly, withdraw the Bill.
201. Assent on Bills: (1) A Bill which is to be presented to the Chief of State for assent under
Article 199 shall be so presented by the Speaker of State Assembly after it has been certified by
him or her. Provided that in the case of a Money Bill, the Speaker of State Assembly shall so
certify.
(2) A Bill presented to the Chief of State for his or her assent shall be assented to within fifteen
days, and the State Assembly shall be informed thereof as soon as possible.
(3) Except for a Money Bill, if the Chief of State is of the opinion that any Bill needs further
deliberations, he or she may send back the Bill with his or her message to the State Assembly
within fifteen days from the date of presentation of the Bill to him or her.
(4) If any Bill is sent back with his or her message by the Chief of State under clause (3), it shall
be reconsidered by the State Assembly and if the Bill so reconsidered is again passed as it was or
with amendments, and is again presented to him or her, the Chief of State shall give assent to that
Bill within fifteen days of such presentation.
(5) A Bill shall become an Act after the Chief of State gives assent to it.
202. Ordinance: (1) If, at any time, except when the State Assembly is in session, a
circumstance exists which renders it necessary to take immediate action, the Chief of State may,
on the recommendation of the State Council of Ministers, promulgate an Ordinance.
(2) An Ordinance promulgated under clause (1) shall have the same force and effect as an Act.
Provided that every such Ordinance:
(a) shall be tabled at the session of the State Assembly held after the promulgation, and if not
passed by the State Assembly, it shall ipso facto cease to be effective,

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [104]

(b) may be repealed at any time by the Chief of State, and

(c) shall, unless rendered ineffective or repealed under sub-clause
(a) or (b), ipso facto cease to be effective at the expiration of sixty days after the day on which a
meeting of the State Assembly is held.
Part -16
State Financial Procedures
203. No tax to be levied or loan to be raised: (1) No tax shall be levied and collected in a State
except in accordance with law.
(2) No loan shall be raised and guarantee given by the State Government except as provided for
in the Federal law.
204. State Consolidated Fund: Except for the revenues of trusts (Guthi), all revenues received
by the State Government, all loans raised on the security of revenues, all moneys received in
repayment of any loans made under the authority of any State Act and any mounts of grants or
loans received from the Government of Nepal shall, except as otherwise provided for in the State
Act, be credited to a State Government Fund to be known as the State Consolidated Fund.
205. Expenditures from State Consolidated Fund or State Government Fund: No
expenditure shall be incurred out of the State Consolidated Fund or any other State Government
Fund except the following:
(a) moneys charged on the State Consolidated Fund,
(b) moneys required to meet the expenditure under an Appropriation
Act,
(c) advance moneys authorized by an Act required to meet expenditures, when an Appropriation
Bill is under consideration, or
(d) expenditures to be incurred in extraordinary circumstances under a
Vote of Credit Act which contains only a description of expenditures. Provided that matters
relating to the State Contingency Fund shall be in accordance with Article 212.
206. Expenditures chargeable on State Consolidated Fund: The expenditures relating to the
following matters shall be charged on the State Consolidated Fund, and approval of the State
Assembly shall not be required for such expenditures:
(a) the amount required as remuneration and facilities payable to the State Speaker and
the State Deputy Speaker,

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [105]

(b) the amount required as remuneration and facilities payable to the

Chairperson and members of the State Public Service Commission,
(c) all charges relating to debts for which the State Government is liable,
(d) any sum required to satisfy any judgment or decree made by a court against the State
Government, and
(e) any other sum specified by a State law to be chargeable on the State Consolidated
Fund.
207. Estimates of revenues and expenditures: (1) The State Minister for Finance shall, in
respect of every financial year, lay before the State Assembly an annual estimate setting out,
inter alia, the following matters:
(a) an estimate of revenues,
(b) the moneys required to meet the charges on the State Consolidated
Fund, and
(c) the moneys required to meet the expenditure to be provided for by a State Appropriation Act.
(2) The annual estimate to be laid pursuant to clause (1) shall also be accompanied by a
statement of the expenses allocated to every Ministry in the previous financial year and
particulars of whether the objectives of the expenses have been achieved.
208. State Appropriation Act: The moneys required to meet the expenditure to be provided for
by any State Appropriation Act shall be specified under appropriate heads in an Appropriation
Bill.
209. Supplementary estimates: (1) The State Minister for Finance may lay before the State
Assembly a supplementary estimate if it is found in any financial year,-
(a) that the sum authorized to be spent for a particular service by the State Appropriation Act for
the current financial year is insufficient, or that a need has arisen for expenditures upon some
new service not provided for in the State Appropriation Act for that year, or
(b) that the expenditures made during that financial year are in excess of the amount authorized
by the State Appropriation Act.
(2) The sums included in the supplementary estimates shall be specified under the heads in a
Supplementary Appropriation Bill.
210. Votes on Account: (1) Notwithstanding anything contained elsewhere in this Part,

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a portion of the expenditure estimated for the financial year may, when a State Appropriation
Bill is under consideration, be incurred in advance under a State Act.
(2) A Vote on Account Bill shall not be introduced until the estimates of revenues and
expenditures have been laid in accordance with Article 207, and the sums involved in the Vote
on Account shall not exceed one-third of the estimate of expenditures for the financial year.
(3) The expenditures incurred in accordance with the State Vote on Account Act shall be
included in the State Appropriation Bill.
211. Votes of Credit: Notwithstanding anything contained elsewhere in this Part, if owing to an
emergency due to natural causes or other reasons, it appears to be impractical or inexpedient in
view of the security or interest of the State to specify the details required under clause (1) of
Article 207, the State Minister for Finance may lay before the State Assembly a Vote of Credit
Bill giving only a statement of expenditures.
212. State Contingency Fund: (1) A State Act may create a Fund to be known as the
State Contingency Fund into which shall be paid from time to time such moneys as may be
determined by the State Act.
(2) The Fund under clause (1) shall be under the control of the State Government. Any
unforeseen expenditure may be met out of such Fund by the State Government.
(3) The amount of the expenditure under clause (2) shall be reimbursed as soon as possible by
the State Act.
213. Act relating to financial procedures: Matters relating to the transfer of moneys
appropriated by the State Act from one head to another and other financial procedures shall be as
provided for in the State Act.
Powers of Provincial/State Government:
Schedule-6 (Relating to clause (2) of Article 57, clause (4) of Article 162, Article 197, clause (3)
of Article 231, clause (7) of Article 232, clause (4) of Article 274 and clause (4) of Article 296)
List of State/province Power
SN Matters
1. State police administration and peace and order
2. Operation of banks and financial institutions in accordance with the policies of Nepal Rastra
Bank, cooperative institutions, foreign grants and assistance with the consent of the Centre
3. Operation of Radio, F.M., television

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [107]

4. House and land registration fee, motor vehicle tax, entertainment tax, advertisement tax,
tourism, agro-income tax, service charge, fee, penalty
5. State civil service and other government services
6. State statistics
7. State level electricity, irrigation and water supply services, navigation
8. State universities, higher education, libraries, museums
9. Health services
10. Matters relating to the State Assembly, State Council of Ministers
11. Intra-State trade
12. State highways
13. State bureau of investigation
14. Physical management and other necessary matters of State governmental offices
15. State Public Service Commission
16. Management of lands, land records
17. Exploration and management of mines
18. Protection and use of languages, scripts, cultures, fine arts and religions
19. Use of forests and waters and management of environment within the State
20. Agriculture and livestock development, factories, industrialization, trade, business,
transportation
21. Management of trusts (Guthi)
List of Concurrent of Federal and provincial powers/Jurisdiction:

Schedule-7 (Relating to clause (3) of Articles 57, Article 109, clause (4) of Article 162, and
Article 197)
SN Matters
1. Civil and criminal procedure, evidence and oaths (legal recognition, public acts and records,
and judicial proceedings)
2. Supply, distribution, price control, quality and monitoring of essential goods and services
3. Preventive detention for reasons connected with the security of the country, prison and
detention management, and maintenance of peace and order
4. Transfer of accused persons, detainees and prisoners from one State to another State

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [108]

5. Laws relating to family affairs (marriage, transfer of property, divorce, persons on the verge of
extinction, orphan, adoption, succession and joint family)
6. Acquisition, requisitioning of property and creation of right in property
7. Contracts, cooperatives, partnership and agency related matters
8. Matters relating to bankruptcy and insolvency
9. Drugs and pesticides
10. Planning, family planning and population management
11. Social security and employment, trade unions, settlement of industrial disputes, labour rights
and disputes related matters
12. Legal profession, auditing, engineering, medicines, Ayurvedic medicines, veterinary, Amchi
and other professions
13. State boundary river, waterways, environment protection, biological diversity
14. Matters related to means of communication
15. Industries and mines and physical infrastructures
16. Casino, lottery
17. Early preparedness for, rescue, relief and rehabilitation from, natural and man made
calamities
18. Tourism, water supply and sanitation
19. Motion pictures, cinema halls and sports
20. Insurance business operation and management
21. Poverty alleviation and industrialization
22. Scientific research, science and technology and human resources development
23. Utilization of forests, mountains, forest conservation areas and waters stretching in inter-
State form
24. Land policies and laws relating thereto
25. Employment and unemployment aid
Local Level/Local Government:
Part-17
Local Executive

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [109]

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.
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,

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [110]

(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.
(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.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [111]

(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.
(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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MPA 508: Administrative System in Nepal By: Ishwor Thapa [112]

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:
(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,

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [113]

(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.
Part-18
Local Legislature
221. Legislative powers of Local Level: (1) The legislative powers of the Local Level shall be
vested in the Village Assembly and the Municipal Assembly, subject to this Constitution.
(2) The legislative powers of the Village Assembly and the Municipal Assembly shall be as
mentioned in the lists contained in Schedule-8 and Schedule- 9.
222. Composition of Village Assembly: (1) Each Village Body shall have a Village Assembly.
(2) A Village Assembly under clause (1) shall consist of the Chairperson and Vice-Chairperson
of the Village Executive, Ward Chairpersons, and four members elected from each ward and
Members of the Village Executive elected from Dalit and minority communities pursuant to
clause (4) of Article 215.
(3) A Village Assembly to be formed under clause (1) shall have representation of at least two
women from each ward.
(4) Each ward of a Village Body under the Federal law shall have a Ward Committee composed
of the Ward Chairperson and four members. Such Ward Chairperson and Ward members shall be
elected in accordance with the first past the post electoral system.
(5) Every person who has completed the age of eighteen years and whose name is included in the
electoral rolls of the Village Bodyshall have a right to vote as provided for in the Federal law.
(6) A person who has the following qualification shall be qualified to become a candidate for the
office of the Member of the Village Assembly:
(a) being a citizen of Nepal,
(b) having completed the age of twenty one years,
134
(c) being his or her name included in the electoral rolls of the Village Body, and
(d) not being disqualified by any law.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [114]

(7) Matters relating to the election to the Village Assembly and other matters pertaining thereto
shall be as provided for in the Federal law.
223. Composition of Municipal Assembly: (1) Each Municipality shall have a Municipal
Assembly.
(2) A Municipal Assembly under clause (1) shall consist of the Mayor and the Deputy Mayor of
the Municipal Executive, Ward Chairpersons, and four members elected from each Ward and
members of the Municipal Executive elected from Dalit or minority communities pursuant to
clause (4) of Article 216.
(3) A Municipal Assembly to be formed under clause (1) shall have representation of at least two
women from each Ward.
(4) Each ward of a Municipality shall have a Ward Committee composed of one Ward
Chairperson and four members as provided for in the Federal law. Such Ward Chairperson and
Ward members shall be elected in accordance with the first past the post electoral system.
(5) Every person who has completed the age of eighteen years and whose name is included in the
electoral rolls of the Municipality shall have a right to vote as provided for in the Federal law.
(6) A person who has the following qualification shall be qualified to be a candidate for the
office of member of the Municipal Assembly:
(a) being a citizen of Nepal,
(b) having completed the age of twenty one years,
(c) being his or her name included in the electoral rolls of the
Municipality, and
(d) not being disqualified by any law.
(7) Matters relating to the election to the Municipal Assembly and other matters pertaining
thereto shall be as provided for in the Federal law.
224. Chairperson and Vice-Chairperson of Village Assembly and Municipal Assembly: The
Chairperson and Vice-Chairperson of a Village Executive and the Mayor and Deputy Mayor of a
Municipal Executive shall ipso factobe the Chairperson and Vice-Chairperson of the Village
Assembly and the Municipal Assembly, respectively, and perform functions as such.
225. Term of Village Assembly and Municipal Assembly: The term of a Village Assembly
and of a Municipal Assembly shall be five years for the date of election. Another Village

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [115]

Assembly and Municipal Assembly shall be elected not later than six months of the expiration of
such a term.
226. Powers to make law: (1) A Village Assembly and a Municipal Assembly may make
necessary laws on the matters set forth in the Lists contained in Schedule-8 and Schedule-9.
(2) The process for making laws under clause (1) shall be as provided for in the State Law.
227. Other provisions relating to Village Assembly and Municipal Assembly: Other matters
relating to the conduct of business of a Village Assembly and Municipal Assembly, rules of
procedures of meetings, formation of committees, conditions in which the office of member falls
vacant, facilities receivable by members of the Village Assembly and Municipal Assembly and
employees and offices of the Village Body and Municipality shall be as provided for in the State
law.
Part-19
Local Financial Procedures
228. No tax to be levied or loan to be raised: (1) No tax shall be levied and collected and no
loan raised in the Local level except in accordance with law.
(2) The Local level may levy tax by law on matters falling within its domain without prejudice to
national economic policies, carriage of goods and services, capital and labour market, and the
neighbouring State or Local level.
229. Local Consolidated Fund: (1) Each Village Body and Municipality under the Local Level
shall have one Local Consolidate Fund. All revenues received by the Village Body or
Municipality, any amounts of grants received from the Government of Nepal and the State
Government, all loans raised by the Village Body and Municipality, and amounts received from
other sources shall be credited to such a Fund.
(2) Matters relating to expenditures from the Local Consolidated Fund under clause (1) shall be
as provided for in the Local law.
230. Estimates of revenues and expenditures of Village Body and Municipality: (1) The
Village Executive and the Municipal Executive shall, subject to this Constitution, lay an estimate
of revenues and expenditures of every financial year before, and have the estimate passed by, the
Village Assembly and the Municipal Assembly, respectively, as provided for in the Local law.
(2) If, in laying an estimate of revenues and expenditures under clause

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [116]

(1), the Village Executive or Municipal Executive is required to make a deficit budget, it must
purpose also the sources to meet the deficit as provided for in the Federal law and the State law.
Part-20
Interrelations between Federation, State and Local Level:
231. Legislative interrelations between Federation and States: (1) The Federal Law may be
made to be applicable to the whole of, or, if required, to any part of, then territory of Nepal.
(2) A State law may be made to be applicable to the whole of, or as required, to any part of the
territory of the State.
(3) If two or more States make a request to the Government of Nepal to make laws on any matter
enumerated in Schedule-6, the Federal Parliament may make necessary laws. Such laws shall be
applicable only to the concerned States.
232. Relations between Federation, State and Local level: (1) The relations between the
Federation, States, and Local level shall be based on the principles of cooperation, co-existence
and coordination.
(2) The Government of Nepal may, pursuant to this Constitution and the Federal Law, give
necessary directions to any State Council of Ministers on matters of national importance and on
matters to be coordinated between the States, and it shall be the duty of the concerned State
Council of Ministers to abide by such directions.
(3) If any such type of act as may seriously undermine the sovereignty, territorial integrity,
nationality or independence of Nepal is carried out in any State, the President may, as required,
warn such State Council of Ministers, suspend or dissolve the State Council of Ministers and the
State Assembly for a period not exceeding six months.
(4) Any suspension or dissolution of any State Council of Ministers and State Assembly made
pursuant to clause (3) must get ratified by a two-thirds majority of the total number of the then
members of the Federal Parliament within thirty five days.
(5) If dissolution made pursuant to clause (3) is ratified by the Federal Parliament, election to the
State Assembly shall be held in such State within six months. Provided that such suspension or
dissolution shall ipso facto be invalid if it is not ratified by the Federal Parliament.
(6) The Federal ruling shall apply to such State during the period of such suspension if the
suspension made pursuant to clause (3) is ratified pursuant to clause (4) and until election to the
State Assembly is held pursuant to clause (5).

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [117]

(7) During the continuance of the Federal rule, the Federal Parliament may make laws with
respect to any matter enumerated in the List contained in Schedule-6. Such laws shall continue to
exist until repealed by other laws made by the concerned State Assembly.
(8) The Government of Nepal may, directly or through the State Government, render necessary
assistance to, and give necessary directives to, any Village Executive or Municipal Executive,
pursuant to this Constitution and the Federal law. It shall be the duty of the Village Executive or
Municipal Executive to abide by such directives.
233. Relations between States: (1) One State shall render assistance in the execution of legal
provisions or judicial and administrative decisions or orders of another State.
(2) A State may exchange information and consult with another State on matters of common
concern and interest, coordinate each other on their activities and legislations and extend mutual
assistance.
(3) A State shall, in accordance with its State law, provide equal security, treatment and facility
to residents of another State.
234. Inter-State Council: (1) There shall be an Inter-State Council as follows to settle political
disputes arising between the Federation and a State and between States:
(a) Prime Minister - Chairperson
(b) Minister for Home Affairs of the Government of Nepal- Member
(c) Minister for Finance of the Government of Nepal - Member
(d) Chief Ministers of the concerned States - Member
(2) The Inter-State Council may meet as required.
(3) The Inter-State Council may invite to its meeting a Minister of the Government of Nepal and
a Minister of the concerned State who is responsible for the matter of dispute and a concerned
expert.
(4) The rules of procedures of the meeting of the Inter-State Council shall be as determined by
the Council itself.
235. Coordination between Federation, State and Local Level: (1) The Federal Parliament
shall make necessary laws in order to maintain coordination between the Federation, State and
Local level.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [118]

(2) The State Assembly may maintain coordination between the State and Village Bodies or
Municipalities and settle political disputes, if any, that have arisen, in coordination with the
concerned Village Body, Municipality and the District Coordination Committee.
(3) The processes and procedures for the settlement of disputes under clause (2) shall be as
provided for in the State law.
236. Inter-State trade: Notwithstanding anything contained elsewhere in this Constitution, it is
prohibited to make any kind of obstruction to the carriage of goods or extension of services by a
State or Local level to another State or Local level or to the carriage of goods or extension of
services to any State or Local Level or to levy tax, fee or charge thereon or to make any kind of
discrimination on the carriage or extension of such services or goods.
237. Not to affect jurisdiction of Constitutional Bench of Supreme Court: Nothing contained
in this Part shall affect the jurisdiction of the Constitutional Bench of the Supreme Court under
Article 137.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [119]

UNIT-4
Administrative reform efforts in Nepal: Concept of Administrative reform, efforts of
Administrative reform in government, implementation of AR and its challenges.

Concept of Administrative Reforms:

An administrative reform is a conscious, well-considered change that is carried out in a public
sector organization or system for the purpose of improving its structure, operation or the quality
of its workforce.
Meaning of Administrative Reform:
Human behaviour, outlook, attitude and many others are constantly changing and the impact of
changes falls upon society in general and upon administration in particular.
The public administration must make sincere and serious efforts to meet the new demands which
are resultants of changes in outlook and behaviour.
Viewed from this perspective the public administration can never remain static. In other words,
the administrative system should be reformed so that it can meet the new demands of society.
Here arises the necessity of reforming administration.
Administrative Reform means to make changes, especially an institution or practice in order to
improve it. This is the general meaning of reform. But reforming administration has separate
implication. The administrative system of a state can never be permanent or be applicable to all
cases. Administrative reform is defined by Gerald Caiden as:
“the artificial inducement of administrative transformation against resistance”. Caiden has
further clarified the term reform- Reform is different from reorganisation or changes. But
reorganisation is not ruled out of reform.
According to Harvey Mansfield, any organisation considers changes of some sort in an on-going
activity, and, with it, ordinarily, some transfer of control. To secure a desired change it may be
enough to issue an order or to make a persuasive suggestion to display a carrot or stick to the
people already in place. Re-organisation presumes that these remedies may accompany or
follow, but are not available or will not suffice to start the process of change. Instead it decrees a
change in organisational structure or jurisdiction as a beginning and counts on this.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [120]

BASIC OBJECTIVES AND PRINCIPLES OF THE ADMINISTRATIVE REFORM:

Public administration reform is a long-term process the objective of which is to significantly
change the existing orientation, structure, functioning and efficiency of public administration. To
be successful, the reform must be based on the definition of the main reform objectives, a
comprehensive reform concept and clear principles of the reform process.
What Kind of State and Public Administration Do We Want?
Discussions concerning the desired future vision and state have as yet not resulted in majority
consensus. The main political forces are in agreement as regards full adherence to parliamentary
democracy, a state ruled by law, the defense of fundamental human rights and freedoms, the
support of economic reforms to improve the overall efficiency of economy and the need to
integrate the country.
On the other hand, there is no full agreement on what the regulatory role of the state in changed
conditions should be. Analyses have shown that arguing whether the state should be "big" or
"small", or "weak" or "strong" fails to address the right question. We need a state that functions
well, reacts flexibly and adequately to the changing requirements of the time, and is efficient. We
need public administration whose quality is a distinct factor of international competitiveness of
the country, a factor that attracts both domestic and foreign investors rather than discouraging
them. We need public administration that is highly dedicated to social and economic
advancement of the country and the protection of the rights and security of its citizens.
Objectives of the Reform:
It is obvious that in the course of the next few years the requirements imposed on public
administration activities as well as the external and internal conditions of its functioning will
continue to change.
However, already at present it is possible to refer to the results of existing analyses and
international comparisons and identify with relatively great accuracy both the principal
shortcomings and the neuralgic points of public administration and the nature of the desired
changes. The principal positive development trends, which can be formulated as reform
objectives, are the following:
(1) Orientation on the Citizen and Further Democratization of Public Administration
The objective of the reform is to achieve that public administration will act primarily as a service
to the citizens and undergo further democratization.

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It is necessary:
 To ensure its orientation on the needs of the citizen and the public,
 To bring administration closer to the citizen,
 To provide the citizen with better information,
 To communicate and cooperate with the public,
 To listen to the public and to increase control of public administration by the public.
It is necessary to cultivate the legal environment in public administration,
To support the growth of legal consciousness in the country and
To improve the protection of human and civil rights.
It is necessary to further decentralize public administration, to create the regional tier of
territorial self-government and to strengthen the role and financial resources of the self-
government in the exercise of public administration.
(2) Achievement of Standards of Public Administration
The objective of the reform is to raise public administration of the country to current standards in
every respect. It must apply the methods of administration and information and communication
technologies of information society.
It must adopt and implement the following administrative values
Defining reliability,
Transparency,
Predictability,
Accountability,
Adaptability and
Efficiency.
These values must be surrounded in administrative institutions and processes at all levels and
their application must be checked by a system of independent controls, the courts and the
Parliament.
(3) Professionalization of Public Administration
The objective of the reform is a high professional standard of professional public administration,
which must be expressed in the quality of work, the results achieved and the services provided,
enhanced administrative culture, ethical conduct and political neutrality.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [122]

The establishment of a professional civil service and the creation of an effective system of life-
long learning concerning all public administration employees are key prerequisites of
professionalization.
(4) Efficiency of Public Administration
The objective of the reform is efficient public administration. It is necessary to aim public
administration activities at clearly defined targets and results, ensuring that the costs of
administration are proportionate to the results and that improving productivity and searching for
real savings become a standard and duly appreciated part of the activities or all public
administration bodies and their employees.
Efforts of Administrative Refrom in Government:
Globalisation, technology innovations, the quest for more efficient resource management, and
alternative, cost-effective service delivery as well as new perceptions on work-life policies
oblige governments to seek more flexible systems to manage their personnel. The focus is now
more on mobility, employability and skill acquisition and development.
There is however no single solution - more than any other reform process, political, economic,
social and cultural conditions shape the way civil service reform is implemented in any country.
Civil service reform not only derives from country specific reasons but also from an ongoing
process that suits the specific conditions of the nation state.
Major efforts to Administrative Reforms:
1. The Buch Commission, (1953);
2. Acharya Commission, (1957), Administrative Reorganization Planning
Commission
3. Jha Commission, 1968 Administrative Reform Commission and
4. Thapa Commission), (1975) Administrative Reform Commission
5. Koirala Commission) (1991), Adminstatrative Reform Commission

The Buch Commission, (1953);

Buch Committee was formed in 1952 after the fall of Rana regime. There was a lack of
indigenous experience for reforming public administration. Therefore, Nepalese government
requested the government of India to assist for the initial reforms in Nepalese public
administration. A group of experts led by M. N. Buch came from India. The main terms of

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [123]

reference of this committee was to study the existing civil service and make recommendations
for its reorganization. The committee recommended a number of reforms mainly in
 recruitment system,
 training,
 integration of public services,
 finance and accounts,
 central and district administration,
 police and jail system,
Reforms in the judiciary, and measures to control the corruption (Poudyal, 1989:47).
However, very few recommendations including the creation of the post of the Chief
Secretary at the Cabinet Secretariat and abolition of Hajiri Goshwara were implemented
(Poudyal, 1989: 49). There was no separate mechanism for monitoring proposed reforms
made by this committee Poudyal, Madhab (1989), Administrative Reforms in Nepal.
National Book Organization, New Delhi.
The Administrative Restructuring Commission headed by Tanka Prasad Acharya (1956)
also made some significant contribution in modernizing public administration in the country.
Some of the major recommendations included organizing
Nepal into seven regions,
32 districts, 78 sub-districts,
165 blocks and village panchayats, and categorising the civil service in nine categories viz.
Nepal Education Service,
Nepal Administration Service,
Nepal Health Service,
Nepal Judicial Service,
Nepal Engineering Service,
Nepal Forestry Service,
Nepal Agriculture Service,
Nepal Foreign Affairs Service, and
Nepal Palace Service.
It also established an Organisation and Method unit to review and improve administration,
establish national planning commission,

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [124]

and promote district development planning.

The Administration Reform Commission headed by Vedananda Jha (1968)

Made recommendations in the areas of
 personnel management,
 programme budgeting,
 internal resource mobilisation, and
 reducing political role in personnel management.
The Administration Reform Commission headed by Bhekh Bahadur Thapa (1975)
Recommended
• promoting regional services establishing regional offices,
• defining criteria for creating positions,
• increasing the levels of civil service,
• making civil service officer oriented, and
• improving personnel management.
The Administration Reform Commission headed by Girija Prasad Koirala (1991)
recommended
• the involvement of non-government sector in service delivery,
• increasing the levels of the civil service,
• opening lateral entry at higher levels, and
• reducing the overall number of positions, and
• also dealt with some personnel management issues.
Administration Reform Commission constituted in 2007 has also made various
recommendations,
• including some relating to the civil service in the federal context.
The Administrative Reform Commission (2008) in its report on “Public Administration in
Federal System” (2012)
Has made some useful recommendations
• on structure,
• the allocation of responsibilities, and
• on the personnel management system,

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• based on the functional analysis of roles and responsibilities as proposed by the thematic
committees of the Constituent Assembly (CA).
• The premises and principles it has adopted are as follows:
• Work volume,
• roles and responsibilities should be taken as the main basis while setting up the
organization;
• Work of similar nature should be done by a single organisation.
• Define the minimum standard and maintain uniformity while establishing an
organisation which is of an autonomous nature.
• l Every ministry at the centre will not require a parallel entity at the province and local
level also.
• (ARC, 2011). THE NEPALESE CIVIL SERVICE: AN INTRODUCTION THE NEPAL
CIVIL SERVICE AND RE-STRUCTURING OF THE STATE
• 18 The premises regarding service delivery by ARC,
• 2011 for the sake of improving overall efficiency have been spelled out as:
• Adopt a one-door system;
• Carry out the works by making the decision process quick and prompt;
• Make the services people-friendly by bringing behavioral changes in the employees;
• Clearly provide information to the service-recipients regarding the service delivery by
means of the citizen’s charter;
• Protect the rights and interests of the consumers and make provisions for providing
compensation if the given quality of service could not be provided in the given time; and
• Make all the works in the office transparent (ARC, 2011).
The roles, responsibilities and powers of the different tiers of government have been proposed
by the thematic committees of the Constituent Assembly.
The responsibilities defined for the federal level mainly include:
protection and promotion of the constitution and federalism, giving policy guidelines to the
provincial and local bodies, formulating the national policies and their implementation,
facilitation, coordination, monitoring and evaluation, and conflict and dispute resolution.

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The roles and functions of the provincial government should be running the day-to-day
administration and maintaining law and order, and protecting the life and property of the citizens
within the territory under its control, as well as undertaking development works like operating
small and medium scale projects and emergency works like disaster management.
Its responsibilities should include the formulation, implementation, and monitoring and
evaluation of plans for the entire province; giving policy guidelines and directives to local
government, and carrying out monitoring and evaluation. Local government should have the
objective of providing services and goods as per the needs of the people, and especially to
settlements scattered in the remote geographical region of the country. Local government should
run the day-to-day administration by maintaining law and order at the local level, collect various
taxes under its jurisdiction, and deliver services related to the daily needs of the people like
education, health services, irrigation, drinking water and sanitation, transport and electricity,
promotion of tourism, protection of religious and cultural traditions, management of local
markets, provision of sports and various other activities. It should also initiate development
works and carry out rescue and relief works in the event of natural disasters and epidemics.
ARC, 2011 has proposed the following civil service structure,
a) National civil service: Constitute a national civil service to execute the national
principles, policies and standards, to forge partnership, coordination, interrelations 19 and
understanding and exchange information, to develop leadership and capacity and to
maintain coordination and check and balance between the civil service of the province
and centre by keeping intact the national unity and integrity.
b) Federal civil service: Constitute the federal civil services for conducting the regular
administration of the federal government in necessary functional categories.
c) Provincial civil service: Constitute the provincial civil service comprising various sub
segments as required
d) Local civil service: Constitute the local civil service to develop the local civil service
based on such functional areas as administrative and law, security and inspection,
planning and development, revenue collection and provision of services to the citizens.
In addition, the report makes suggestions to make the civil services more merit oriented, enable
transfers with mutual consent, provide for promotion on the basis of defined criteria, and be
more inclusive. It also provides some dispute resolution mechanisms and transitional

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management approaches. However, Nepal being a small country, the four tiers of civil service
envisaged by ARC may not be affordable and also difficult to manage. Further, the functional
analysis it relies on - though important and useful - may differ from the functional allocation by
the constitution. ARC does not provide an action plan, albeit, it has laid down clearly the path
forward for federalising the civil service. This current study attempts to take their work further.
A study on ‘Administrative Restructuring in Federal Nepal and Local Government’, Nepal et.al
(2009) envisions central, provincial and local government tiers with central and provincial level
regulations and service commissions, and positions being created autonomously but requiring
consent of higher levels in the case of financial dependence. Nepal et.al (2009) also defined
personnel management aspects including promotion, service transfer, code of conduct, trade
unions, human resource development and management of retirement and other funds. An attempt
was made by a number of experts to allocate tasks to federal, provincial and local levels in a
study commissioned by Asia Foundation. These were Deependra BickramThapa (2012) on social
sector, Bimal Koirala (2012) on economic sector, Jagadish Pokharel on infrastructure sector
(2012) and Bal Krishna Prasai (2012) in the general administration and other sectors. They have
followed the standard format of classifying functions in five categories viz. policies, regulations
and benchmarking, planning, asset creation, implementation and monitoring and evaluation.
THE NEPALESE CIVIL SERVICE: AN INTRODUCTION THE NEPAL CIVIL SERVICE
AND RE-STRUCTURING OF THE STATE 20 There have been many efforts to reform the
civil service in Nepal. The clamour for good governance has also been increasing both at home
and abroad as the necessary condition for the advancement of the country. But the scenario is far
from satisfactory as observed by the ARCR (1991), which also explained the reasons for non-
implementation of many administrative reform measures due to want of government
commitment (Shrestha, 2000: 4). They were: l The low level of motivation of civil servants; l
The administrative machinery becoming too much bloated due to the government assuming the
whole range of functions affecting people’s lives; l Unnecessary expansion in the number of
government agencies and its employees; l Too many layers in the decision-making process; l
Failure to make individual officials responsible; and l A lack of decentralisation of necessary
authority to the officials down to the field offices. One major challenge in implementing
decentralisation to date appears to be the unwillingness to implement the LSGA fully, as is
evidenced by only gradual empowering of DDCs unlike the extent envisioned in the Act, a lack

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [128]

of willingness on the part of politicians/civil service to decentralise power, and a lack of access
to resources or the power to raise them on the part of local government. These challenges have
hindered the pace of change anticipated by the Act. ARC (2011) spelled out the problems and
challenges in civil service into six categories viz. policy related, structural, organisational,
managerial, working procedure related and attitudinal. These problems basically capture the
problems being faced by the Nepalese civil service adequately. Despite the many reform efforts
the position does not seem to have changed notably. The challenges of civil service management
may be listed as: n Structural: The weak capacity in terms of resources, processes and institutions
(including institution building) is recognised as a big challenge because substantive reforms in
the absence of capacity is clearly going to be an arduous task. There is also a lack of competence
of the state administration vis a vis the requirements they face in terms of resources, ability,
orientation and attitude/aptitude. Planning and implementation capacities are limited. The
challenges and responsibilities are increasing but the size of the civil service is declining.
Vacancies are lying unfulfilled, There have been many efforts to reform the civil service in
Nepal. The clamour for good governance has also been increasing both at home and abroad as
the necessary condition for the advancement of the country. 21 hindering the capacity of service
delivery further exacerbating the lack of capacity. Decentralisation processes have been
particularly weak as also manifested by the inability to implement LSGA 1998 and LSGA Rules
1999 properly and adequately. It is not helped by highly centralized institutional and human
resources emanating from weak position fulfilment in remote areas, human resources tending to
be absent from their allocated positions with one or the other pretext, and concentration at
headquarter levels even in the districts/regions and zones. Weak coordination and other structural
problems lead to lack of clarity and poor service delivery including institution building. The
tenure of top leadership is highly volatile and uncertain. Trade unions that cover all employees
up to Gazetted class three officers are seen as institutions for bargaining rather than as
institutions to strengthen the civil service. The multiplicity of trade unions in the same work
place is a problem rather than strength. Despite adhering to the merit principle, it is reported that
the civil service is attracting lesser talents and hence true meritocracy has not been able to be
established, a situation not contributed to by various interferences. n Managerial: There is a delay
in service delivery particularly in offices with high levels of engagement with the public despite
efforts to continually improve the situation and define completion time lines. The productivity of

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human and capital resources is poor, and is not helped by indifferent motivational measures and
systems. The process of administrative reforms will take time as is experienced with the five
reform commission reports and their implementation (Buch, 1952; Acharya, 1956; Jha, 2025BS;
Thapa, 2032BS; Koirala, 2048BS and ARC, 2008). The norms governing the civil service are
process oriented and not results oriented, and this is reported as a cause for the poor attainment
of planned targets. In the absence of clarity of rules or transparency, transfers and placements
and in some cases promotion have been reported to be contentious issues. n Behavioural:
Changing the bureaucratic culture will be a major challenge to transfer it from the status quo and
from process orientation to result orientation, with a willingness to shoulder responsibilities and
accountability.
Approach to Reform Implementation
Public administration cannot be reformed in a few years. It is a long-term process, which
probably can be implemented only by several consecutive governments in a difficult, highly
competitive and rapidly changing external environment. Thus it is not possible (and it would not
be reasonable) to attempt to provide a detailed outline of the content and procedure of the whole
reform at the very beginning. While some reform steps have been relatively clear from the
outset, others will necessitate more profound analyses and discussions of the desired solutions.
Apart from the principal objectives of public administration reform listed above it is necessary to
reach consensus on the following principles which will govern the whole reform process:
• widely disseminating information on the reform and
• mobilising interest of citizens,
• professionals,
• political representatives and
• civil servants in making the reform happen and
• democratically exchanging opinions on its desirable and feasible course,
• basing the reform on solid professional analyses of the present state and
• performance of public administration and on periodic evaluation of the consequences of
completed reform steps,
• using experience with public administration reform in other countries, particularly in EU
member states and in the countries preparing for accession to the EU, while respecting
our own tradition and experience,

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• adopting a comprehensive approach to the reform: no isolated and partial changes should
be implemented if not conceived as integral and organic parts of the total reform strategy
and process,
• viewing the reform as an open process: individual reform components will be
continuously updated and
• adapted to the changes in the external environment of public administration and in other
components of the reform, and will utilize experience acquired during implementation,
• determining strategic priorities: a limited number of priority changes will have to be
defined for every reform phase on which attention and funds will have to concentrate;
these should be the changes that predetermine the overall progress of the reform and
condition or influence all other changes,
• assuring continuity of the operation of public administration, which must continue to
function also in the course of reorganization, decentralization and other changes,
• managing and coordinating the whole reform from a single centre at the highest level of
Government.
Current Priorities
The following priorities appear to be most important in the current period:
• completing and adopting a reform strategy,
• meet political and public support to the reform,
• establishing an effective system for managing the reform,
• implementing changes connected with the preparations,
• decentralizing state administration and reforming territorial administration,
• launching the reform of key processes in public administration,
• adopting a Civil Service Act and starting to reform human resource management and
development.
Completing and Adopting a Reform Strategy
As a first step, the overall strategy of public administration reform suggested in this document
should be developed in greater detail. This should be supplemented by detailed reform
implementation plans for the next 2-3 years. The Government should adopt the strategy and
declare it officially in a way that duly reflects the significance of the reform for the future of the
Czech Republic.

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Political and Public Support to the Reform

In the nearest phase of the reform it will be necessary to gain a strong support of political circles,
the general public and the public servants themselves. The reform should be promoted through
an explanatory, information and public relations campaign in mass media, by means of
information materials, in professional events and training courses, etc. Of key significance for
this campaign will be a plain and convincing explanation of the significance, meaning and
principal objectives of the reform.
Managing the Reform
A functional and efficient management structure responsible for the conceptual design and
implementation of the reform as a whole ought to be established as a matter of priority . At the
same time, it is necessary to start using appropriate non-bureaucratic forms and procedures for
informing on the reform, and discussing and exploiting new ideas in cooperation with the general
Reforming Territorial Administration
The territorial administration reform is closely connected with all other reform fields and will
strongly influence the changes of competences and methods of operation of the central
Government authorities.
Launching the Reform of Key Public Administration Processes
The Proposals envisage a gradual reform of a number of key generic cross-functional processes
whereby public administration exercises its functions. As a rule, a number of different public
administration units participate in each of these processes. Reforms commanding priority include
the start of the reform of strategic management and policy making, the management of the public
sector and the administration of public property, administrative procedure, communication with
the citizens and public administration finances (with particular reference to territorial
administration reform). The reforms of further processes must be prepared for successive
launching in the course of public administration reform.

Challenges in Implementation of AR:

Many AR Report had been recommended to scale down the number of ministries to lower
number but on the contrary increased to……..
The creation of High level Human Resource Development Council is yet to be done. An
Administrative Reform Monitoring Unit was set up with functions to help implement the

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [132]

recommendations of the Commission, to sort out the difficulties coming up in the course of
implementation, to analyze the problems arising out of the implementation and to provide the
government with policy-feed back on the basis of the findings of the analysis.
But the Committee never became fully operational and nor was the Committee members
appointed except the Secretary of the Committee to undertake day to day administrative
functions.
The recommendation for a creation of an institutional mechanism to continually monitor
administrative reform measures remains valid.
Meanwhile, another study was undertaken by Janet Tay Pty. Ltd under the support of Asian
Development Bank in May 1999. Its report “Civil Service Reform in Nepal” (March 2000)
contained recommendations on
Three important elements -
• organizational reform of central government,
• reform of major sectoral areas, and
• civil service management reforms and decentralization.
Its recommendations dealt with
• performance-reward issues such as linking rewards to performance,
• ensuring that pay is related to the value of the job,
• improve civil service leadership and management by creating Senior Civil Service Group,
and
• Provide a reasonable career path for Gazetted Officers.
Some of the recommendations were way ahead of what the government was prepared to accept
and implement and some were overtaken by the actual events that took place in the country such
as the change in the government and its priority.
The Institutional Support for Governance Reform (ISGR), Final Report (January 2003) reports
that "only parts of the Report were ever properly implemented, while other parts were overtaken
by events or considered not practical at that time". The ISGR was another study project
undertaken with support, again from the Asian Development Bank . This Report took the Janet
Tae Report as the basis and further built on it. The Report in its first volume submitted as many
as 12 broad recommendations which include
the creation of a governance center,

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functional analysis of
right sizing,
more formal management method,
specific follow – on TA activities,
implementation arrangements,
formulation of overall framework or "Master Plan" ,
bridging between the ISGR and follow – on TA, new job description,
service delivery indicators,
training and development and
ethics component of the reform.
The latest effort in the series was Governance Reform Program (GRP) which was implemented
by the government since June 2001 and the project was terminated in July 2007. The program
was an offshoot of the ISGR. A part of this report was implemented in six areas under the project
Road Map of Governance Reform since December 2002.
The six areas include
1. improvement in information management,
2. improvement of the proficiency and expertise of the civil service,
3. reform in governance system and
4. elimination of corruption,
5. rightsizing the civil service,
6. reducing corruption,

Development of indicators and procedural reform to improve work performance of some major
ministries, and leadership development and augmentation of the institutional capacity for
implementation.
With the exception of creating a Change Management Committee in the Ministries under the
Chairmanship of the Secretary, no other activities were implemented.
Again, the verbal commitments were not backed by action, limping behavior was seen on the
part of the bureaucrats and politicians, and frequent transfer of the Change Units staffs and co-
coordinator took place.

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Other important reasons for the short fall in the implementation were resistance from the
bureaucrats to implement changes, thereby causing
• the lack of ownership among them,
• the lack of total commitment to reforms on the part of the government, and
• lack of seriousness among shareholders.
This can be seen reflected in the interaction programs where the participants normally ended up
making superficial comments on reform issues.
Surprisingly enough, no efforts seemed have ever been carried out to measure or assess the
impact of reform measures on the civil service. This has made it difficult to assess the
shortcomings of the reports implementation or for that matter, for identifying the critical
bottlenecks facing the Nepalese Civil Service system in the country.
Nonetheless, the government also realized the lack of positive impact emerging out of the
improvement in the implementation of the reform process, when it noted that “various attempts
of civil service reform in the past have not been able to enhance its performance as desired.
There were several factors involved for this including
• the lack of strong commitment,
• absence of ownership of reforms on the part of the civil service,
• clear absence of built-in incentive with the reform process, and
• inadequate communication among the stakeholders".
The government further noted that
i). Broad-based political commitment is critical in deciding reform priorities and
solutions;
ii). A strong political will is necessary to cope with the resistance from internal
stakeholders like bureaucracy and employees unions;
iii). There is the lack of adequate participation from stakeholders (private sector,
academics, and civil society) to ensure the beneficiaries' perspective and maintaining
positive pressure on government to carry on the reform process, and
iv). Administrative reforms implemented were implemented without due consideration to
change management process.
This is indeed an open assessment of the reform process that manifests the reasons which
characterize the implementation of the reform measures in the country.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [135]

An evaluation:
An objective evaluation of state of reform implementation:
i. The lack of political will of the government and
ii. the political instability
are the two major factors for the shortfall in implementation.
In the presence of these factors, even most pertinent and pragmatic recommendations for the
reform of civil service enjoy less chances of their implementation. This is obvious to the donor
agencies as much as to the government.
In addition, no amount of efforts reforms will improve
• the efficiency,
• competency and
• the productivity of the civil service unless appointments,
• transfer and
• promotions are completely de- linked with the practice of political patronage
and is made one entirely based on merit.
This is simple and most often stated fact but is often ignored. When there are changes in the
government or in the members of the Cabinet, the first and foremost victims are found to be the
civil servants particularly at the higher levels.
Changes in the government or in the cabinet member responsible for general administration are
almost certain to be accompanied by changes in the Secretaries of the Ministries
The root of the problem lies in
• an unethical politics,
• lack of vision in top political leadership, and
• mis-management.
An objective assessment of the progress of reforms in its entirety is rarely performed, and,
The lack of institutional coordination among institutions involved in the implementation of the
civil service reform measures and lack of ownership has also affected the implementation of
these measures.
Major problems of the Nepalese Civil Service:
The Nepalese civil service is suffering from some major deficiencies. These deficiencies affect
the overall functioning of the civil service. Unless these are addressed, these will continue to

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [136]

influence the functioning of the civil service. The past reforms initiatives have brought about a
new set of problems while these continue to co-exist with the past ones. Taken together, these,
with the passage of time, have become more intense, deep rooted and pervasive.
i) Low morale and productivity :
The values and ethics in the civil service are fast deteriorating. Some of the important provisions
are that
• the civil servants should not use political influence with an intention to achieve personal
interests,
• participate in political activities,
• criticize the government, and
• join demonstrations and strikes.
• The civil servants are expected to demonstrate courtesy to the clients and are expected to
uphold his/her conduct according to his/her service and position.
• But there is as yet no indication that an employee had been appreciated, promoted or
awarded for his pursuance of the code of conduct or
• for following ethical values in the civil service nor has there been any cases of
disciplinary action against any civil servants for failing to uphold code of conducts and
ethics.
• At times, the political parties openly invite the civil servants to join political rally to
press the demands of the opposition parties, thus motivating the civil servants to break
the code of conduct.
ii) Measurement of productivity:
Productivity of the civil service is difficult to measure. As one crude estimator, the
administrative costs as a proportion of program expenditure can be used. But it is hard to identify
administrative costs in each of the development programs or the proportion of the administrative
costs in the whole program costs. Hence, such a study based on quantitative assessment is few
and far between.
The Report on Secretaries' on Productivity, Quality and the Civil Service (NASC, 1993)
concludes that “there is a need to establish productivity indicators and quality standards for all
ministries.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [137]

These could be created through the National Planning Commission". Although much desired and
discussed in various forum, efforts to introduce productivity measurement are rare. The
government staff is more often branded as a regular drain on the country’s treasury rather than as
a dedicated group to provide services to the people. The productivity of the civil service and that
of the public sector is as important to the economic performance as the productivity of the
private sector. Public sector productivity is important for three main reasons.
First, the public sector is a major employer.
Secondly, the public sector is the major provider of services in the economy (affecting costs of
inputs) and social services (affecting the labor quality).
Third, the public sector is a consumer of tax resources. Changes in public sector productivity
particularly that of civil servants can have significant implications for the economy. The national
accounts statistics reveal that the contribution from the public administration (defense included)
in overall GDP constitutes not more than 1.75 percent of the total (MOF, 2006).If one is to
isolate the contribution of public administration, it will be considerably less, as the investment in
defense has particularly risen at a faster rate because of a fast rise in the security expenditure.
The gross value added annual growth rate from the public administration (defense included)
widely varies between the fiscal years and the lack a consistent and secular growth trend persists.
It was estimated to be around 1.35 percent at constant prices in 2006/07 only. Potentialities exist
to raise its contribution in gross value added and accelerating its rate of contribution in the
country's GDP.
Likewise, the productivity of the civil service appears to be the lowest for two reasons: a large
number of civil servants is unproductive in the sense that either they are not skilful, competent,
and well experienced to do the job they are expected to do or that they are less motivated for
different reasons to take up their assignment with zeal and enthusiasm.
iii) Uncertain prospects for career development :
Civil servants suffer from uncertain prospects for career development. Merit and quality aspects
are often compromised at the cost of efficiency, honesty, and hard labor. Insufficient linkages of
merit to promotion in the career drives the staff to a point of total desperation, depriving them of
whatever little courage, innovative and vigor that they possess.
iv) The weak reward and punishment system:

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [138]

Despite emphasis in government policy documents, it hardly exists in a way that encourages the
civil servants to shoulder additional responsibilities or take initiative to start innovative ways of
doing things.
v) Changes in civil service rules and regulations along with changes in institutional
structure :
It is strange but true that in the name of updating, the Civil Service Act,1992 were amended for
the second time in 2007, with amendments in several other acts having its impact on the Civil
Service Act.
Frequent changes in the Act and the Civil Service Regulations following it have contributed to
the creation of instability in the procedures and practice of the civil service. The frequent
amendment of substantive provisions of the Act and Regulations in itself is a source of instability
in the overall civil service.
vi) Corruption .
Anti- corruption mechanism has remained weakest, despite that the institution such as
Commission for the Investigation of Abuse of Authority has been given a constitutional status.
Reasons why the past reform efforts failed?
Despite several reform measures implemented in the past, their positive impact on civil service is
minimal. The reasons are many but the following are the major ones.
a. Lack of political will and support to carry on the process of civil service reform:
Reforms usually start with political initiatives and are implemented by civil servants. However,
political situation continues to remain unstable and the government has undergone frequent
changes with the result that continuity in the efforts at the political level is often missing in the
implementation. Civil service reform has never been the top priority agenda of the government.
b. Bureaucratic resistance:
Bureaucrats in general are more negative towards reforms than politicians. Bureaucrats are found
to react negatively towards attempts to implement such reforms unless reforms include the
possibility of increasing their personal benefits. Bureaucrats are more conservative and resistive
to change than their political masters, ministers, politicians, or people at large. One of the
reasons is that, at the end of the day, it is the civil servant that has to take on the responsibility to
implement new measures which means new and additional responsibilities, additional risks,
departure from the existing system where they are accustomed to working with, and involves

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [139]

changes in the functions and responsibilities they consider as being not commensurate with
existing perk and privileges or that that they see less possibility for an increase in their perks and
privileges.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [140]

UNIT-5
Administrative culture and Trend: Administrative culture in Nepal, emerging trends and
issues of Administrative systems

Administrative culture in Nepal:

Public administration is "centrally concerned with the organization of government policies and
programmes as well as the behavior of officials (usually non-elected) formally responsible for
their conduct "Many unelected public servants can be considered to be public administrators,
including heads of city, county, regional, state and federal departments such as municipal budget
directors, human resources (H.R.) administrators, city managers, census managers, state mental
health directors, and cabinet secretaries.

Culture is a system of values, beliefs, traditions, and practices which structure and regulate the
behaviour of individuals as well as of groups of human beings; as such, culture influences the
lives of individuals and collectives. A culture is generally embodied in its arts, music, oral and
written literature, moral life, ideals of excellence, exemplary individuals and the vision of the
good life.
Hence, Administrative culture refers to the collective sum of the beliefs, values, ethics,
practices, customs, norms, behavior and attitude which an administration subscribes to.
Administrative culture indicates
• the perception,
• analysis, and
• interpretation of the behaviour of public servants.
Behavioural patterns are evident inside (among colleagues, internal organizational units,
relations to superiors) and outside (to other bodies, to politics, citizens, and the media).
Five aspects of administrative culture.
1. The first of these sees organizational culture as a dependent variable that can be
manipulated and altered to reflect management and leadership preferences;
2. The other views organizations as miniature societies reflecting broader societal
culture. Change is more path dependent than rationally arranged at will.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [141]

3. The third aspect of administrative culture concerns focusing on how knowledge about
culture is created, how a researcher may carry out inquiry, and what the inquiry is
about.
4. The fourth aspect – concerns the appropriate administrative norms and ethical
standards of public officials.
5. The fifth, the methodological aspect points to how to study and capture different
aspects of administrative culture.
The culture of the administration is sometimes supported, sometimes challenged, by two
important subcultures:
first, the culture of each department or agency of government, with its own mandate,
interests, client groups, and major professional and occupational components;
second, professional subcultures, such as those of accountants, lawyers, economists,
engineers, diplomats, and scientists, that cut across organizational boundaries.
A composite administrative culture then reflects the values of all its constituent parts.
Public administration was perceived as a self-contained world of its own; with its
ADMINISTRATIVE CULTURE AND VALUES own rules and methods.
Politics, then, came to be viewed as the domain of values, whereas administration was
considered the universe of fact, enshrined in a value free environment.
Thus, the stage was set in the education and training courses of public administration for the
exclusion of ethical issues and value questions.
The second event that further strengthened the deliberate neglect of ethics and values from public
administration programs was the rise of European-led scienticism in the discipline with the two
core elements: rational objectivity and quantification.
Emerging Trends and Issues of Administrative System:
TREND: A pattern of gradual change in a condition, output, or process, or an average or general
tendency of a series of data points to move in a certain direction over time, represented by a line
or curve on a graph.
• the ways in which organisations have changed over recent years
• how these changes have affected administration functions and the role of administrators
• for managing these and future changes effectively
Administrative systems and procedures are a set of rules and regulations that people who run an
organization must follow.

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [142]

These rules and regulations are put into place to help create a greater level of organization, more
efficiency and accountability of the organization.
GLOBAL TRENDS AFFECTING THE PUBLIC ADMINISTRATION:
• The field of public policy administration is ever-evolving,
• but it’s seeing more dramatic and rapid change today than ever before.
• A mix of technological and social trends have markedly impacted the way policy is
developed and implemented on every level, from the hyper-local, to the global.
1. Technological Boom: accessibility of technology is at the core of most massive perceptual
and lifestyle changes in the past decade.

• cheaper, faster access to stronger, more portable technology

• Technology has been a deciding factor in everything from local elections to an entire
nation’s popular revolution.
• Technology changes the way the news is reported,
• the way law enforcement works, and
• the way leaders communicate with their constituents.
2. Grassroots Campaigns
• grassroots campaigns have become the backbone of social change to raise awareness
about issues,
• rapid changes in law and policy in traditionally slow-moving systems.
• The increased power, at the grassroots level, of local advocacy groups .
• successful campaigns to enact social change.
3. Global Thinking
• Increased awareness
• more people are becoming globally minded
• environmental sustainability,
• equal rights for girls and women, and
• international trade are topics discussed by growing numbers of people every day.
• Therefore, local policies become similarly global in mindset.
4. Democratization

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MPA 508: Administrative System in Nepal By: Ishwor Thapa [143]

• Foreign affairs have also changed in regard to the complexities of democratization

movements in traditionally non-democratic regions.
• Popular revolutions in nations have been based on the will among the average person in
those countries to demand democratic representation.
• the democratic process in culturally and ethnically
• Public administration skills must include a conception of democracy.
5. Sustainable Systems
• With global economic crises now a fact of life,
• public policy is the promotion of sustainability.
• This means a reduction in waste, corruption, and
• Inefficiency for the sake of realistic long-term planning.
• Public administration professionals must keep an eye on the future to ensure today’s
policies remain functional for tomorrow’s problems.
• Today’s ideal public administration professional is tech-know-how, communicative,
globally minded, and efficiency driven.
This requires constant learning and the will to stay informed.

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 MPA 508: Administrative System in Nepal By: Ishwor Thapa [144]

REFERENCES:
• Bhatta Bhimdev (2071)., Nepalako Prashasanik Itihas, Kathmandu, Sopan Masik.
• Constitution (2072)., COnstitution of Nepal, Government of Nepal.
• http://cheena-nepal.blogspot.com/2009/06/lichchhavi-period.html
• http://www.dictionnaire.enap.ca/dictionnaire/docs/definitions/definitions_anglais/adminis
trative_reform.pdf
• http://www.tandfonline.com/doi/abs/10.1080/01900692.2013.837728?src=recsys&journa
lCode=lpad20
• https://en.wikipedia.org/wiki/Government_of_Nepal
• https://en.wikipedia.org/wiki/History_of_Nepal
• https://en.wikipedia.org/wiki/Licchavi_(kingdom)
• https://en.wikipedia.org/wiki/Rana_dynasty
• Shrestha M P (2019). Administrative system in Nepal, Lecture Notes, Kathmandu
• Shrestha, Tulsi Narayan(2005) Nepalese Administration A Historical Perspective.
Kathmandu., Ratna Pustak Bhandar

THE END

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