Greater Janakpur Area Development Council Act, 2055 (1998)


Published: 1998

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Greater janakpur area Act, 2055 E
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The Greater Janakpur Area Development Council Act,
2055 (1998)
Date of Authentication and Publication
2055.3.29 (13 July 1998)
Amendment
1. Republic Strengthening and Some Nepal Laws
Amendment Act, 2066 (2010)1
2066.10.7 (21 Jan.
2010)

Act Number 5 of the Year 2055 (1998)
An Act Made to Provide for the Establishment and Provision of the
Greater Janakpur Area Development Council
Preamble: Whereas, it is expedient to establish and make provision of the
Greater Janakpur Area Development Council in order to safeguard, maintain
and develop the shrines, temples, lakes (sarobar) and sites of religious,
historical and archaeological importance within the Janakpur area and its
intermediary (Panchakoshi) circuit areas, and to develop the Greater Janakpur
Area as a well-planned pilgrimage and religious site by developing
infrastructures for the social, economic and cultural development of the Greater
Janakpur Area;
Now, therefore, be it enacted by Parliament in the Twenty Seventh year
of the reign of His Majesty King Birendra Bir Bikram Shah Dev.
1. Short title and commencement: (1) This Act may be called as the
“Greater Janakpur Area Development Council Act, 2055 (1998)."
1 This Act came into force on 15 Jestha 2065 and "Prsasti" has been deleted.

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(2) It shall be come into force immediately.
2. Definitions: Unless the subject or the context otherwise requirs, in this
Act,-
(a) "Greater Janakpur Area" includes the area of Dherakachuri,
Janakpur Hanumannagaer, Bahuarba Behadabela, Tulsiyahi
Jabdi, Matihani, Jaleshwor, Madai, Dhubakud, Kanchanban
(Harinamari), Parbata, Dhanusa Dham, Satosar and Aurahi
falling within the Intermediary (Panchakoshi) Circuit way;
(b) "Intermediary (Panchakoshi) Circuit" means a circuit made from
the Falgun Parewa Tithi to Falgun Purnima, being carried out
since ancient time, taking the Janakourdham within the Greater
Janakpur Area as the center;
(c) "Council" means the Greater Janakpur Area Development
Council established under Section 3;
(d) "Governing Council" means the Governing Council formed under
Section 6;
(e) "Committee" means the executive committee formed under
Section 9;
(f) "Chairperson" means the chairperson of the Governing Council;
(g) "Member" includes the member of the Governing Council, and
this term includes the chairperson and member secretary of the
Council;
(h) "Member secretary" means the member secretary of the
Governing Council;
(i) Executive director" means the executive director as referred to in
Section 17; and

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(j) "Prescribed" or "as prescribed" means prescribed or as prescribed
in the rules framed under this Act.
3. Establishment of the Greater Janakpur Area Development
Council: (1) There shall be established a council by the name of the
Greater Janakpur Area Development Council for the social, economic
and cultural development within the Intermediary Circu t area.
(2) The central office of the Council shall be situated in
Janakpurdham.
4. Council to be an autonomous body: (1) The Council shall be an
autonomous and corporate body with perpetual succession.
(2) The Council shall have a separate seal of its own for all of its
functions.
(3) The Council may, like an individual, purchase, acquire, use,
sell, dispose of or otherwise manage, as required, any movable and
immovable property.
(4) The Council may, like an individual, sue and be also sued by
its name.
5. Objectives of the Council: The objectives of the Council shall be as
follows:
(a) To develop infrastructures for the social, religious, economic and
cultural development of the Greater Janakpur Area;
(b) To protect and manage sites of religious, histor cal and
archaeological importance within the Greater Janakpur Area and
various heritages with the Area;
(c) To identify, explore, and do research work on,shrines, temples,
lakes (sarobars of ancient, historical, religious, cultural and

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archaeological importance or other sites within the Greater
Janakpur Area;
(d) To carry out necessary acts in order to maintain ecological
balance of the Greater Janakpur Area;
(e) To develop the Greater Janakpur Area as a tourism site.
6. Formation of the Governing Council: (1) There shall be formed a
Governing Council consisting of the following members, which shall act
as the supreme body of the Council:
(a) A person designated by the Government of
Nepal

-Chairperson
(b)2 …………….
(c) Chairperson, Guthi Corporation -Member
(d) Joint Secretary, Ministry of Population and
Environment
-Member
(e) Director General, Department of Archaeology -Member
(f) Director General, Department of Tourism -Member
(g) Director General, Department of Housing and
Urban Development
-Member
(h) Director General, Department of Building -Member
(i) Presidents of Dhanusa and Mahottari District
Development Committees
-Member
2 Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.

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(j) Mayors of Municipalities within Dhanusa and
Mahottari Districts
-Member
(k) Chief District Officers of Dhanusa and
Mahottari Districts
-Member
(l) Two persons nominated by the Government of
Nepal from amongst learned and social workers
who are renowned at the national level
-Member
(m) Four persons so nominated by the Council as to
include Two persons from amongst renowned
and reputed social workers within Dhanusa and
Mahottari Districts
-Member
(n) Four persons so nominated by the Council from
amongst saints, Mahantas, and priests within the
Greater Janakpur Area
-Member
(o) Chairpersons of the Village Development
Committees falling within the Intermediary
Circuit so nominated by the Council on the
rotational basis as to have representation by a
maximum of Four persons, as a time, from
amongst such Village Development Committees
-Member
(p) Executive Director -Member
secretary


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(2) The tenure of office of the chairperson shall be Four years and
that of nominated members shall be of Two years.
(3) If the office of a member falls vacant prior to the expiry of the
term of office, the office so fallen vacant shall be filled through the same
manner as the office was filled, for the remainder of the term.
(4) The Governing Council may, if it deems so necessary, invite any
expert to participate in its meetings as an observer.
7. Meetings and decisions of the Governing Council: (1) The meeting
of the Governing Council shall, as required, be held at such date, time and
venue as specified by the chairperson.
(2) The member secretary shall give a notice of holding the
meeting of the Governing Council to every member in advance of at least
Seven days.
(3) The presence of more than Fifty percent of the total number of
members of the Governing Council at a meeting of the Governing Council
shall be deemed to constitute a quorum for the meeting.
(4) The meeting of the Governing Council shall be pr sided over
by the chairperson, and, in his or her absence, the me ting shall be
presided over by a member chosen by the attending members from
amongst themselves.
(5) A majority opinion shall prevail at the meeting of the
Governing Council, and in the event of a tie, the cairperson shall exercise
the casting vote.
(6) There shall be maintained a separate book to minute the names
of members present at every meeting of the Governing Council, agenda
discussed at and decisions made by the meeting, and the minutes book shall
be signed by the present members.

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(7) The member secretary shall authenticate the minutes of the
meeting of the Governing Council.
(8) Other provisions relating to the meeting of the Governing
Council shall be as determined by the Council itself.
8. Functions, duties and powers of the Governing Council: The
functions, duties and powers of the Governing Council shall be as
follows:
(a) To formulate policies and plans on the development of the Greater
Janakpur Area, and approve various programmes.
(b) To bring about such financial resources and assistance as may be
required for the implementation of plans and programmes.
(c) To organize, or cause to be organized, assemblis, conferences,
symposia or exhibitions at the national and internatio l levels in
order to reflect the importance of the Greater Janakpur Area.
(d) To specify activities forbidden in any specific places within the
Greater Janakpur Area and prohibit and control such activities,
taking into consideration of the importance, recognitio and
sensitivity of such places.
(e) To maintain coordination between bodies carrying out development
works to be operated by the governmental, non-governm ntal and
private sectors within the Greater Janakpur Area.
(f) To approve the positions of employees of the Council.
(g) To give direction as required in relation to the activities to be carried
out by the Committee.
(h) To monitor and evaluate the activities carried out by the Committee.

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(i) To perform such other acts as required to be performed for the
accomplishment of the objectives of the Council pursuant to this
Act.
9. Formation of the Executive Committee: (1) There shall be formed
an Executive Committee to implement the plans and programmes
approved by the Governing Council and operate and look after all activities
of the Council.
(2) The Committee as referred to in Sub-section (1) shall consist
of the following members:
(a) Chairperson of the Council -Chairperson
(b) Presidents of District Development Committees
of Dhanusa and Mahottari Districts
-Member
(c) Mayors of Janakpur and Jaleshwor
Municipalities
-Member
(d) Chief Distr ict Officers of Dhanusa and
Mahottari Districts
-Member
(e) Chiefs of Housing and urban Development
Offices of Dhanusa and Mahottari Districts
-Member
(f) Four persons nominated by the Government of
Nepal on the recommendation of the Council
from amongst the social workers, intellectuals
and locally renowned persons of Dhanusa and
Mahottari Districts, in such a manner as to
nominate two persons from each District
-Member

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(g) One person nominated by the Council from
saints, Mahanthas and priests who are members
of the Council
-Member
(h) Executive Director -Member
secretary
(2) The tenure of office of members nominated pursuant to Clauses
(f) and (g) of Sub-section (2) shall be Two years.
10. Meetings of the Committee: (1) The meeting of the Committee shall, as
required, be held at such date, time and venue as specified by the
chairperson.
(2) The member secretary shall give a notice of holding the
meeting of the Committee to every member in advance of at least Seven
days.
(3) The presence of more than Fifty percent of the total number of
members of the Committee at a meeting of the Committee shall be deemed
to constitute a quorum for the meeting.
(4) The meeting of the Committee shall be presided over by the
chairperson, and, in his or her absence, the meeting shall be presided
over by a member chosen by the attending members from amongst
themselves.
(5) A majority opinion shall prevail at the meeting of the
Committee, and in the event of a tie, the chairperson hall exercise the
casting vote.
(6) The member secretary shall authenticate the minutes of the
meeting of the Committee.

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(7) Other provisions relating to the meeting of theCommittee shall
be as determined by the Committee itself.
11. Functions, duties and powers of the Committee: The functions,
duties and powers of the Committee shall be as follows:
(a) To implement the plans and programmes approved by the
Governing Council.
(b) To forge public participation while implementing the plans and
programs approved by the Governing Council, and bring about
clear information of such plans and programs before the general
public.
(c) To well mange public utilities such as drinking water, sewerage,
electricity, telephone and roads under the Greater Janakpur Area, to
maintain purity in a manner to prevent filths and operate
programmes in coordination with the concerned offices of the
Government of Nepal, local bodies and non-governmental
organizations within that Area.
(d) To arrange to make plantation and develop gardens and parks in
such places as appeared necessary to make the environment neat
and clean, develop open spaces, protect wildlife and birds and
maintain rivers, rivulets ponds, lakes and roads in a clean and
healthy situation.
(e) To make publicity through various means and mobilize public
participation in order to create extensive public awareness for the
safeguard, maintenance and sanitation of the pilgrimage.
(f) To make correspondences, contact with, obtain assistance from,
make agreements with, those persons, national or international
organizations or bodies that take interest in the development of

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the Greater Janakpur Area or carry out other necessary functions,
while acting under general guidance of the Governing Council.
(g) To build infrastructures for tourism development in such places as
may be appropriate for tourism.
(h) To make correspondences, contact with, obtain assistance from,
and make agreements with, those persons, national or
international organizations or bodies that take interest in the
development of the Greater Janakpur Area or carry out other
necessary functions, while acting under general guidance of the
Governing Council.
(i) To prepare an annual report clearly reflecting, ter alia, all activities
carried out by it, problems and audit report and submit the report to
the Council.
(j) To perform such other functions as prescribed by the Governing
Council.
12. Power to form sub-committee: (1) The Council may form sub-
committees as required, for the operation of its buiness.
(2) The functions, duties and powers, term of refernce and
procedures of the sub-committees formed pursuant to Sub-section (1)
shall be as prescribed by the Council.
13. Power to make regulation, control and prohibition: (1) The
Council may, from time to time, and by publishing a notice publicly and
clearly, regulate, control or prohibit, as required, the following matters
within the Greater Janakpur Area, and no person shall, without prior
approval of the Council, do, or cause to be done, the matters so
regulated, controlled or prohibited.

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(a) To enjoy and use natural heritages, vegetation,
forests, animals, archaeological, religious and
historical sites and cultivated and barren lands and
immovable properties;
(b) To make, keep or establish any kind of settlement,
habitation, residence, entertainment, fairs, markets
and industries within such religious areas as
specified by the Council;
(c) To carry out such acts as to cause adverse effects on
the natural beauty, tourism sites and health of the
general public or cause environmental pollution in
any manner;
(d) To use roads, bridges, means of transportation to be
used therein, plantation, water supply, lights etc,;
(e) To identify, explore and research temples, lakes
(Sarobars) or other sites of historical, religious,
cultural and archaeological importance;
(f) To make movement of motor vehicles in religious or
archaeological sites, make use of them for
advertisement, make film shooting, take photographs
in, and sell such photographs, affix posters or
photographs, conduct any kind of fair, sell or
propagate any consumable goods.
(2) In giving permission for the purposes as referred to in Sub-
section (1), the Council may give full or partial permission or refuse to
give permission or may also specify necessary directions or terms.

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(3) If any person does any act regulated, controlled or prohibited
by the Council under Sub-section (1) or does any act in ontravention of
the terms, if any, specified by the Council while giving permission, the
Council may give order to immediately stop such act; and where any
construction has been made in the course of such an act, the Council
shall give a time-limit of Thirty Five days and order the concerned
person to demolish or remove such portion of the construction as so
made without permission or in contravention of the terms.
14. To specify protected areas: (1) The Council may, by a public notice,
specify any such sites within the Greater Janakpur Area as considered
important from religious, historical or archaeological viewpoints.
(2) The Council may, by a public notice, prohibit any act and
action from being done or taken within the protected sites specified
pursuant to Sub-section (1).
15. Appeal: A person who is not satisfied with an order made by the
Council pursuant to Sub-section (3) of Section 13 may ake an appeal to
the concerned Court of Appeal within Thirty Five days of the making of
the order.
16. Power to demolish or remove construction work: (1) If an appeal
is made pursuant to Section 15 against a decision made to demolish or
remove the portion of any construction work, and the Court of Appeal
makes decision to demolish or remove the portion of such construction
work, the concerned person shall demolish or remove the portion of such
construction work within Thirty Five days after the date of such a
decision and within Thirty Five days of the decision made by the
Council to demolish or remove the portion of construc ion work where
such an appeal has not been made.

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(2) If the concerned person does not demolish or remove the
portion of such construction work within the time-limit as referred to in
Sub-section (1), the Council itself may demolish or remove the same,
and the expenses incurred in such demolition shall be recovered from the
concerned person as government dues.
(3) While demolishing or removing the portion of any
construction work by the Council itself, it shall demolish or remove it in
presence of the concerned ward chairperson of the Village Development
Committee. If, while making such demolition or removal, more portion
than that required to be demolished or removed is demolished or
removed despite best possible efforts, the Council shall not be
responsible for the same, and if any damage is caused to the concerned
person from such demolition or removal, the concerned person shall not
be entitled to demand compensation for the same.
17. Executive Director: (1) The Council shall, on the basis of open
competition, appoint one executive director from amongst the persons
who possess the prescribed qualification for the opration of day-to-day
business in the capacity of the administrative chief of the Council.
(2) Notwithstanding anything contained in Sub-section (1), the
Government of Nepal may designate any officer employee of at least
Gazetted second class to serve as the executive director for a maximum
period of Three months.
(3) The tenure of office of the executive director shall be Four
years.
(4) The remuneration, conditions of service and facilities, and
functions, duties and powers of the executive director shall be as
prescribed.

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18. Provisions of employees: (1) The Council shall have a required
number of employees for the smooth operation of the business of the
Council.
(2) The appointment, remuneration, conditions of servic and
facilities of the employees of the Council shall be as prescribed.
19. Fund of Council: (1) The Council shall have a separate fund of its
own, and the fund shall consist of the following amounts:
(a) Amounts received from the Government of Nepal;
(b) Assistance, grants or loans received from any foreign
governments, organizations or persons or
international organizations;
(c) Amounts received from native persons or
organizations;
(d) Amounts earned from the investments made by the
Council;
(e) Fees or amounts received in consideration for
services provided by the Council; and
(f) Amounts received from any other source.
(2) Prior to obtaining a loan from any foreign government,
organization or person or international organization pursuant to Clause
(b) of Sub-section (1), the Council shall obtain prior approval of the
Government of Nepal.
Provided that, the Council shall not be required to obtain prior
approval of the Government of Nepal in order to obtain any amount in
the form of assistance or grant. The Council shall give information of
obtaining of such assistance or grant to the Governm nt of Nepal.

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(3) The Council shall open an account with any bank as
designated by the Council and deposit with the account moneys credited
to the fund of the Council into such account, and the Council may, as
required, also open an account with a foreign bank d deposit such
moneys with the account.
(4) All the expenses to be made on behalf of the Council shall be
borne out of the fund of the Council.
(5) The account of the fund of the Council shall be operated as
prescribed.
20. Accounts and audit: (1) The accounts of incomes and expenses of the
Council shall be maintained in accordance with the laws in force.
(2) The audit of the accounts of the Council shall be carried out by
the Office of the Auditor General or the auditor designated by that
Office.
(3) The Government of Nepal may, at any time, examine, or cause
to be examined, the documents relating to accounts a d other cash and
in-kind of the Council.
21. Meeting allowance: The members shall receive such meeting
allowances as prescribed for having taken part in meetings of the
Council.
22. Annual report: The Council shall, every year, submit an annual repo t
of its activities to the Government.
23. Delegation of power: The Council may, as required, delegate its
powers to the chairperson, member secretary, under sec etary or any
employee of the Council.

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24. Liaison with the Government of Nepal: Ministry of Housing and
Physical Planning shall liaison the Council with the Government of
Nepal.
25. Power to frame Rules: In order to implement the objectives of this
Act, the Council may frame necessary Rules, and the Rul s so framed
shall come into force after being approved by the Government of Nepal.
26. Repeal and saving: (1) The Greater Janakpur Area Development
Board (Formation) Order, 2049 (1992) is, hereby, repealed.
(2) All movable and immovable properties and rights and
liabilities of the Board formed under the Formation Order as referred to
in Sub-section (1) shall be deemed to have devolved on the Council
established under this Act.
(3) All acts and actions done and taken by the Board formed under
the Formation Order as referred to in Sub-section (1) shall be deemed to
have done and taken by the Council established under this Act.
(4) The executive director and employees serving in the Council
formed under the Formation Order as referred to in Sub-section (1) shall
be deemed to have been appointed pursuant to this Act.