Local Administration Act, 2028 (1971)


Published: 1971

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Local Administration Act, 2028 E
1

Local Administration Act, 2028 (1971)
Date of Authentication and Publication
2028.4.20 (5 Aug. 1971)
Amendments:
1. Judicial Administration Reform Act, 2031
(1974)
2031.4.18
(2 Aug. 1974)
2. Black Market and Some Other Social
Offences and Punishment Act, 2032 (1975)
2032.5.20
(5 Sept. 1975)
3. Local Administration (First Amendment)
Act, 2033 (1976)
2033.4.28
( 12 Aug. 1976)
4. Local Administration (Second Amendment)
Act, 2037 (1980)
2037.6.2
(18 Sept. 1980)
5. Freedom of Speech and Publication, Act,
2037 (1980)
2037.4.29
(13 Aug. 1980)
6. Some Nepal Acts (Amendment) Act, 2041
(1984)
2041.7.27
(12 Nov. 1984)
7. Judicial Administration Reform (Fourth
Amendment) Act, 2043 (1986)
2043.7.24
(13 Nov. 1986)
8. Some Nepal Acts (Amendment) Acts, 2043 2043.7.24
(13 Nov. 1986)

2

9. Administration of Justice Act, 2048 (1991) 2048.2.16
(30 May 1991)
10. Local Administration (Third Amendment)
Act, 2048 (1991)
2048.2.21
(4 June 1991)
11. Local Administration (Fourth Amendment)
Act, 2058 (2001)
2058.5.6
(22 Aug. 2001)
12. Provision of Some Nepal Acts Revival Act,
2063 (2006)
2063.4.23
(8 Aug. 2006)
13. Some Nepal Laws (Amendment) Act, 2063
(2006)
2063.4.23
(8 Aug. 2006)
14. Some Nepal Act (Amendment) Act, 2064
(2007)
2064.5.9
(26 Aug. 2007)
15. Republic Strengthening and Some Nepal
Laws Amendment Act, 2066 (2010)1
2066.10.7
(21 Jan. 2010)
Act Number 2 of the year 2028 (1971)
An Act to Amend and Consolidate Law Relating to Local
Administration
Preamble: Whereas, it is expedient to amend and consolidate law related to local
administration to make consistent with decentralized administrative system and
maintain peace and order.
1 This Act come into force from 15 Jestha 2065, "Prasati" and the word "Kingdom" has been deleted.

3

Now, therefore, be it enacted by His Majesty King Mahendra Bir Bikarm
Shah Dev on the advice and with consent of Rastriya Pachayat.
Chapter-1
Preliminary
1. Short title, extent and commencement: (1) This Act may be called as
"Local Administration Act, 2028 (1971)".
(2) This Act shall extend throughout Nepal.
(3) This Act shall come into force immediately.
22. Definitions: In this Act, unless the subject or context otherwise required,-
(a) 3........................
4(a1) "Regional Administrator" means the Regional Administrator as
appointed pursuant to Sub-section (2) of Section 4A.
(b) "Chief District Officer" means the Chief District Officer as
appointed by Government of Nepal.
5(c) "Assembly/Meeting" means the group of Twenty Five or more than
Twenty Five persons gathered with an intention in an organized or
unorganized manner in public place to address particular objectives.



2 Revived by provision of Some Nepal Acts Revival Act, 2063. 3 Deleted by Third Amendment Act. 4 Inserted by Fourth Amendment. 5 Inserted by Some Nepal Law Amendment Act, 2063.

4

6Chapter-2
Division of Development Regions, Zones and Districts
3. Division of development regions, zones and districts: (1)
Nepal has been divided into development regions, zones and districts as
prescribed in schedule.
(2) The boundaries and headquarters of every development regions,
zones and districts shall be as prescribed by Governm nt of Nepal by
publishing a Notification in the Nepal Gazette.
(3) The boundaries and headquarters of the district maintained
before shall be maintained unless otherwise prescribed by Government of
Nepal by publishing a Notification in the Nepal Gazette.
Chapter-3
7Regional and District Administration
4. 8...................
94A. Regional Administration: (1) There shall be a Regional Administration
Office as follows in each development region:
(a) Regional Administration Office, Eastern Development
Region, Dhankuta.
(b) Regional Administration Office, Central Development
Region, Hetauda.
(c) Regional Administration Office, Western
Development Region, Pokhara. 6 Amended by Fourth Amendment. 7 Revived by Provision of Some Nepal Acts Revival Act, 2063. 8 Repealed by Third Amendment . 9 Inserted by Fourth Amendment.

5

(d) Regional Administration Office, Mid-western
Development Region, Surkhet.
(e) Regional Administration Office, Far-western
Development Region, Dipayal.
10(2) Government of Nepal shall appoint the Regional Administrator
as a Chief of Regional Administration Office from amongst the gazetted
special class officer of the Civil service.
114B. Functions, Duties and Powers of Regional Administrator: (1) The
Regional Administrator shall be responsible to carry out the general
administration in the region in accordance with the policies and directives
of the Government of Nepal.
(2) Functions, Duties and Powers of the Regional Administrator
shall be as follows:
(a) To maintain or cause to maintain peace and order in
the region,
(b) To monitor and co-ordinate the functions of 12District
Administration Offices of the region,
(c) To carry out or cause to carry out necessary actions
regarding the functions of Regional 13and District
Offices of the region to make them .......... service
oriented and economical as well as to restrain from
delay, negligence and corruption,
10 Revived by Provision of Some Nepal Acts Revival Act, 2063. 11 Inserted by Fourth Amendment. 12 Revived by Provision of Some Nepal Acts Revival Act, 2063. 13 Revived by Provision of Some Nepal Acts Revival Act, 2063.

6

(d) To or cause to protect, monitor and maintain the
government or public property within the region
except otherwise provided in the prevailing laws.
(e) To provide actual information relating to peace and
security situation of the region to the Government of
Nepal regularly,
(f) To cause to carry out periodic inspection of the border
with foreign countries adjoining to the district bythe
concerned 14Chief District Officer and submit a report
thereof to the Government of Nepal and make
necessary arrangements to control the criminal
activities in the border areas by increasing
effectiveness of the local administration,
(g) To make necessary arrangements to settle difference
and dispute, if any, on the matter of public interest
such as boundaries, roads, canals, paini, drinking water
etc arises between Two or more than Two 15Districts
of the region in the presence of the concerned parties,
(h) To carry out or cause to carry out necessary
arrangements to control and manage the critical
situations such as natural calamities, epidemics,
famine etc.,
(i) To regularly inspect the prisons of the region and make
necessary arrangements for their proper functioning
and recommend for pardoning of the prisoners,
14 Revived by Provision of Some Nepal Acts Revival Act, 2063. 15 Revived by Provision of Some Nepal Acts Revival Act, 2063.

7

(j) To perform necessary functions to promote
nationalism in the region and maintain unity between
Nepalese people through conciliation and mutual
goodwill,
(k) To perform or cause to perform other functions as per
the orders and directions of Government of Nepal
issued from time to time and to monitor the same.
164C. Regional Security Committee: 17(1) There shall be a Regional Security
Committee, as follows, to provide assistance in peace, security and order in
each region:
(a) Regional Administrator - Chairperson
(b) Local Chief of Nepalese Army - Member
(c) Chief of Regional Police Office - Member
(d) Chief of Armed Police Office- - Member
18(e) Chief of the office of the National
Investigation Department who
looks after concerned region - Member-secretary
(2) The Regional Administrator may invite officers of the other
offices of the region in the meetings of the Regional Security Committee as
per necessary.
(3) The Chairperson may convey meetings of the committee
pursuant to Sub-section (1) as required.
16 Inserted by Fourth Amendment. 17 Revived by Provision of Some Nepal Acts Revival Act, 2063. 18 Revived by Provision of Some Nepal Acts Revival Act, 2063.

8

194D. To Function under the supervision of Regional Administrator:
The Regional Police Office shall discharge its functions to maintain peace,
security and order in the Region under the direct supervision and direction
of the Regional Administrator.
5. District Administration: 20(1) There shall be a District Administration
Office in each district to operate general administration of the district. The
Government of Nepal shall appoint a Chief District Officer in each district
to function as a Chief Administration Officer. The Chief District Officer
shall be the representative of Government of Nepal. The Chief District
Officer shall perform functions in accordance with prevailing laws, policies
and directions of the Government of Nepal and under th supervision of 21Regional Administrator.
(2) Except the court and Defence Offices..........,22 the offices at
district level, as prescribed by Government of Nepal by publishing a
Notification in Nepal Gazette from time to time, shall be the branches of
District Administration Office.
(3) The Chief District Officer shall have no control ver the
prescribed powers to be exercised by district level office or officer of such
office, which are conferred to in the branches of District Administration
Office pursuant to Sub-section (2) on judicial and quasi-judicial powers as
prescribed by prevailing laws.
(4) The 23powers and duties of the Chief District Officer or other
Officer to monitor, control and supervise of the Offices at the District level
19 Inserted by Fourth Amendment. 20 Amended by Some Nepal Acts Amendment Act, 2064. 21 Revived by Provision of Some Nepal Acts Revival Act, 2063. 22 Omitted by Third Amendment. 23 Amended by Second Amendment.

9

which are to be the branches of the District Administration Office pursuant
to Sub-section (2) shall be regulated by the Rules framed under this Act.
(5) Functions, duties and powers of the Chief District Office shall be
as follows:
(a) To maintain peace, order and security in the district,
24(b) To provide for assistance in development activities run
by Government of Nepal, District Development
Committee, Municipality and Village Development
Committee in the district,
(c) To monitor, maintain or repair or cause to monit r,
maintain or repair the properties of the Government of
Nepal in the district,
(d) ................25
(e) To perform other functions and activities pursuant to
the orders and directions issued by the Government of
Nepal26 from time to time.
(6) ................27
6. To maintain peace and security: (1)...........28The Chief District Officer
shall perform following functions to prevent any activity if there is any
doubt of violence or riot:
(a) If it deems that an assembly, procession or mob
(crowd) may take violent or destructive tendency and
there is a possibility of disorder from such activities, 24 Amended by Third Amendment. 25 Omitted by Third Amendment. 26 Amended by Third Amendment. 27 Omitted by Second Amendment. 28 Omitted by Third Amendment.

10

he/she shall cause to control it through the police and
if it goes beyond the control of the police, he/she all
attend him/herself or depute subordinate officer in the
concerned place and persuade to maintain peace and if
peace could not be maintained, he/she may cause to
use baton (Lathi charge), teargas, Phohora, blank fire
as per necessity based on the situation, to maintain
peace and order,
(b) If it is not possible to maintain peace pursuant to
Clause (a) and it deems necessary to open fire to issue
warning to the crowd with all clarity before opening
the fire; if the mob is not dispersed after such warning
and if it becomes necessary to open fire to give order
in writing to open fire below the knee,
(c) .............29
(d) To provide written order to the police to maint
peace and security in the district........30 if it is possible
and if not so possible to provide verbal order as per
necessity and if the order is verbal it shall be
confirmed in writing within Twenty Four hours,
31(e) For maintaining peace and security in the district, the
District Police Office shall perform its functions on the
direct supervision and direction of the Chief District
Officer.
29 Omitted by Second Amendment. 30 Omitted by First Amendment. 31 Inserted by First Amendment.

11

32(1a) The Chief District Officer shall provide information regarding
the functions and activities pursuant to Sub-section (1) to the Regional
Administrator and Ministry of Home Affairs33 as soon as possible and the
Chief District Officer shall have a duty to abide by directions of the
Regional Administrator in this regard.34
35(2) If the Chief District Officer reveals that any serious disorder
has been occurred or to be occurred, and he/she thinks that it is not possible
to control it only with the assistance of the police in such place under
his/her jurisdiction, he/she may request to local or nearest Armed Police
Force or Nepal Army as per the situation demands upon mentioning
reasons and grounds for the same. The notice of such request to the Armed
Police Force and Nepal Army shall be given to the Regional
Administration36 and Ministry of Home Affairs within Twenty Four hours
by the quickest means.
37(2a) If the Regional Administration reveals that any serious
disorder has been occurred or to be occurred in the Two or more districts
adjoining the boundaries, and he/she thinks that it is not possible to control
it with the assistance of the police in such place under his/her jurisdiction,
he/she may request to local or nearest Armed Police Force or Nepal Army
as per the situation demands. The notice of such request to the Armed
Police Force or Nepal Army shall be given to the Concerned Chief District
Officer and Ministry of Home Affairs within Twenty Four hours by the
quickest means.
32 Inserted by Fourth Amendment. 33 Revived by Provision of Some Nepal Acts Revival Act, 2063. 34 Revived by Provision of Some Nepal Acts Revival Act, 2063. 35 Amended by Fourth Amendment. 36 Revived by Provision of Some Nepal Acts Revival Act, 2063.
37 Revived by Provision of Some Nepal Acts Revival Act, 2063.

12

(3) If there is a possibility that peace and security may be breached
or inconvenience to someone may arise or cause adverse effect to the public
health due to any act of someone or let it remain or keeping some goods or
materials by someone in any specific place.........38the Chief District Officer
may issue an order as follows and such an order shall not be for more than
Two months at one time:-
(a) To prohibit someone to carry out any act,
(b) To order to remove any object or property from that
place to the owner, manager or chief or to prohibit to
carry out any act in such place.
39(3a) If there happens any hooliganism or there are sufficient
grounds of happening of hooliganism or disorder in any place, the Chief
District Officer may issue an order to prevent to be gathered more than Five
persons for the purpose of hooliganism or disorder at the specific place and
time. The Chief District Officer may impose a fine upto Five Hundred
Rupees or an imprisonment upto One month or the both to a person who
violates such an order.
(4) In the course of issuing an order to a person pursuant to Sub-
section (3)..........40, Chief District Officer shall send a notice alongwith the
reason thereof to the concerned person. If the concerned person is not
found; such a notice shall be affixed pursuant to prevailing Nepal law in
such a way that the functions shall not be hampered. The officer issuing
such an order may fine upto Fifty Rupees for each time who violates such
an order.
38 Omitted by First Amendment. 39 Inserted by Some Nepal Acts Amendment Act, 2064. 40 Omitted by First Amendment.

13

41(5) If the Chief District Officer reveals that there arises any dispute
or there is a possibility of arising dispute regarding land, canal, water,
boundaries which may cause to lead to disorder in the district, the Chief
District Officer may summon to present in his/her office to the concerned
parties of the conflict as soon as possible and shall record their statements
and may hold such property and may handover it as per necessity to a
person who has possessed it since last Three months or Village
Development Committee or Municipality42 or reliable person and issue an
order to aggrieved party to go to the court for final disposition of ownership
on the disputed property.
43(6) The aggrieved party may file an appeal against the order issued
or penalty imposed by Chief District Officer pursuant to Sub-sections (3),
(3a), (4) and (5) before the concerned Court of Appeal within Thirty Five
days.
44(7) There shall be a District Security Committee in each district to
assist the peace, security and order in the district as follows:
(a) Chief District Officer - Chairperson
(b) Local Chief of Nepal Army - Member
(c) Chief of District Police Office - Member
(d) Local Chief of Armed Police
Office - Member
45(e) District Chief of National
Investigation Department - Member
41 Amended by First Amendment. 42 Amended by Third Amendment. 43 Amended by Some Nepal Acts Amendment Act, 2064. 44 Amended by Fourth Amendment. 45 Revived by provision of Some Nepal Acts Revival Act, 2063.

14

46(f) Assistant, Chief District Officer - Member-secrtary
(8) .............47
(9) The Chief District Officer may invite officials of other offices of
the district in the meetings of the District Security Committee, as per
necessity.
(10) The Chief District Officer may convene the meeting of the
Committee pursuant to Sub-section (7) as per necessity.
486A. Curfew may be imposed: (1) If it is reveled that peace may be violated
in any area due to mob (Aandolan) or hooliganism, the Chief District
Officer may impose curfew order to prevent movement, assemble or not to
commit any other act as prescribed by prescribing the boundaries upon
considering the circumstances............49 While issuing such an curfew order,
the Chief District Officer50 shall publicise the order for the information of
the general public of the area where curfew is to be imposed and the
vicinity.
(2) If a curfew order is issued pursuant to Sub-section (1), no other
person except the authorized person who has obtained a secret sign from
the Chief District Officer51 shall make movement in the restricted area
during the restricted time.
(3) The person who violates curfew order shall be arr sted by police
and the police shall produce such person before the Chi f District Officer52
immediately. The Chief District Officer53 shall impose a penalty of
46 Inserted by Some Nepal Acts Amendment Act, 2064. 47 Omitted by Fourth Amendment. 48 Inserted by Second Amendment. 49 Omitted by Third Amendment. 50 Amended by Third Amendment. 51 Amended by Third Amendment. 52 Amended by Third Amendment. 53 Amended by Third Amendment.

15

imprisonment upto One month or a fine upto One Thousand Rupees or both
to the person so arrested upon adopting an appropriate summary trail
procedure and an appeal against such an order shall lie before the Court of
Appeal54.
(4) While issuing a curfew order the Chief District Officer55 may
issue an order to the police to open fire to the person or group who violates
the curfew order to control the situation. In such a situation, before firing,
police shall use baton (lathi charge), teargas, phohara or blank fire and if
the person or group does not disperse police shall clearly warn that if they
do not dispersed police shall open fire to them. If the person or group does
not disperse even after such warning the police mayopen fire.
Provided that, it shall not deemed to bar by the provision as
mentioned in this Sub-section to the Chief District Officer56 to issue a shoot
at sight order to any person or group who violates curfew with violent
tendencies.
(5) The Chief District Officer............57 shall reduce the duration of
curfew gradually depending on circumstances and the same authority shall
withdraw the curfew order after the situation becomes normal.
58(6) The Chief District Officer shall inform immediately to the
Regional Administrator and Ministry of Home Affairs59 after issuing of the
curfew order.

54 Amended by Administration of Justice Act, 2048. 55 Amended by Third Amendment. 56 Amended by Third Amendment. 57 Omitted by Third Amendment. 58 Amended by Third Amendment. 59 Revived by provision of Some Nepal Acts Revival Act, 2063.

16

606B. To declare a riot affected area: (1) If it is deemed that a procession,
mob or organized group with or without arm is likely to carryout violent or
destructive acts such as looting, arson in houses or sh ps, destroying the
public property and it is reveled that such a situation is not controlled by the
general police action, the Chief District Officer..... ....61 may declare such
area as a riot affected area. The Chief District Officer62 shall act any or all
of the following acts to maintain peace and order after the declaration of
such riot affected area.
(a) To arrest suspicious person without arrest warrant
from such area and put in preventive detention
pursuant to Public Security Act, 2046,63
(b) To shoot fire at sight who loots or put fire in houses
(buildings) and shops or destroys public property or
causes any other types of violent or destructive acts,
(c) To ban on assembly, procession, meetings or
exhibitions or to ban on writing or fixing poster,
pamphlet and such types of communication materials,
(d) To make provisions of supply of essential goods in
such area and to control the transportation, storage and
sale and distribution of such goods,
(e) To close down educational institutions, any other
institutions, exhibition centres and offices of such area,
60 Inserted by Second Amendment. 61
Deleted by Third Amendment. 62
Amended by Third Amendment. 63
Amended by Third Amendment.

17

(f) To ban strike on any essential service pursuant to
Essential Service Operation Act, 2014 (1957) in such
area,
(g) To ban gathering of Five or more than Five persons in
such area,
(h) To issue curfew order in such area,
(i) To take assistance of Nepal Army as required for the
said functions in such area.
(2) If, it seems suspicious that the arms and ammunitions have been
put in a riot affected area, the police personnel at le st Sub-inspector of
police may search houses, shops, compound, go-down of any person
without a prior notice as per the order of the Chief District Officer64.
65(3) While declaring a riot affected area pursuant to Sub-section (1),
the Chief District Office may declare it for One month at a time. If,
duration is to be extended, the Chief District Officer may extend such
period upto Three months as per the approval of Ministry of Home Affairs,
Government of Nepal.
(4) The Chief District Officer shall communicate the information of
declaration of riot affected area to the 66Regional Administrator and
Ministry of Home Affairs immediately.
(5) If someone violates the provision of Clauses (e) and (g) of Sub-
section (1) or obstructs on the search pursuant to Sub-section (2), the Chief
District Officer67 may impose a fine upto Three Thousand Rupees or an
imprisonment upto Three months or both by using appro riate summary 64
Amended by Third Amendment. 65
Amended by Third Amendment. 66
Revived by provision of Some Nepal Acts Revival Act, 2063. 67
Amended by Third Amendment.

18

procedure and an appeal against such order shall lie in the Court of
Appeal.68
696C. Not to obstruct (barricade) on public service or road or not to
destruct any house or vehicle: (1) No one shall commit or cause to
commit the followings acts:
(a) To obstruct by Chakkajam or any other kinds of
obstruction in the smooth operation of such public
roads as notified by the Government of Nepal by a
Notification published in Nepal Gazette,
(b) To damage government, public or private vehicle,
house or property by means of destruction, fire or
looting or to forcefully enter into such vehicle or house
and land or to forcefully take in to possession of such
vehicle or house or property,
(c) To obstruct government or public institution and
educational institution by means of lockups or any
other similar acts.
(2) If, someone commits any act pursuant to Sub-section (1), Chief
District Officer may impose a fine upto Ten Thousand Rupees or an
imprisonment upto Six months or the both and to realis an amount equal to
claimed amount and fine such person equal to the claimed amount as per
the nature of an offence.
(3) The Chief District Officer shall follow (adopt) the procedure
pursuant to Summary Procedure Act, 2028 to the proceeding of this
Section.
68
Amended by Administration of Justice Act, 2048. 69
Inserted by Some Nepal Acts Amendment Act, 2064.

19

(4) The aggrieved person may file an appeal against the penalty
imposed by the Chief District Officer pursuant to Sub-section (2) before the
concerned Court of Appeal within Thirty Five days.
707. Powers and duties of the police personnel: (1) The Chief District
Officer shall inquire, as per necessity whether or n t District Police Office,
Area Police Office and Police Posts are in proper condition or whether or
not police officers and employees performed their duties in accordance with
the law, and shall act as follows in this regard:
(a) Inspect compulsory District Police Office, Area Police
Office and Police Posts at least once a year and submit
a report of such inspection to the Regional
Administrator and Ministry of Home Affairs.71
(b) Submit a report on the personal conduct and
performance (nekibadi) of police officers to the
Regional Administrator and Ministry of Home
Affairs,72 twice a year, by the end of Poush (about mid
January) and Ashadh (about mid July) respectively.
(c) If it is necessary to make arrangements on policing in a
district, the Chief District Office shall communicate to
the Regional Administrator and Ministry of Home
Affairs,73 along with his/her opinion.
(d) In a person files a complaint that a police employee
has acted in contravention of the law while discharging
his/her duties, the Chief District Officer shall 70 Amended by Third Amendment. 71 Revived by provision of Some Nepal Acts Revival Act, 2063. 72 Revived by provision of Some Nepal Acts Revival Act, 2063.
73 Revived by provision of Some Nepal Acts Revival Act, 2063.

20

investigate the matter as required and submit a report
along with the recommendations and opinions to the
Regional Administrator and Ministry of Home74
Affairs for necessary action.
8. Origional and appeallate Jurisduction: (1) Chief District Officer shall
have the powers to proceed and adjudicate the following cases:
75 (a) Minor cases of theft having claimed amount upo
maximum Five Hundred Rupees,
(b) Cases relating to pick-pocketing,
(c) ..............76
(d) Cases relating to the use of inaccurate weights and
measures for deception,
(e) Cases relating to the slaughter of female animals at
places other than temples where it is a customary
practice.
(2) A decision made by the Chief District Officer on cases pursuant
to Sub-section (1) in which one is not recorded as a recidivist criminal and
a fine upto Five Hundred Rupees is imposed, shall be final, and no one may
file an appeal against such decision. An appeal against the decision of the
Chief District Officer in cases a fine exceeding Five Hundred Rupees is
imposed or in which a guilty person has been recorded as a recidivist may
be filed before the Court of Appeal77 within Thirty Five days.
74 Revived by provision of Some Nepal Acts Revival Act, 2063. 75 Amended by Third Amendment. 76 Repealed by Black Market and Some Other Social Offences and Punishment Act, 2032. 77 Amended by Administration of Justice Act, 2048.

21

(3) If the Chief District Officer deems necessary in the course of
hearing a complaint that the property of a woman or minor to be kept in
safe custody, he/she may direct to keep safe such property to any prominent
person in the district or to any government office with the cooperation of
the Municipality or Village Development Committee.78
(4) ............79
(5) ............80
(6) ......... 81The Chief District Officer shall proceed and adjudicate
cases filed pursuant to this Act or prevailing Nepal law within the time
limit stipulated by such law, specifying the laws under which these cases
are to be adjudicated.
9. Other functions duties and powers of the chief district officer: (1)
The Chief District Officer may order to arrest an intoxicated person who
speaks indecently or misbehaves in a public place, nd may detain him/her
until he/she is relieved from the intoxication. The Chief District Officer
may issue a verbal warning to the detainee, and if he/she repeats the same
act, the Chief District Officer may impose a fine to him/her upto One
Thousand Rupees82 for each offence.
(2) If any unclaimed goods or commodities are found, the Chief
District Officer shall act in accordance with the provisions of the Chapter
on Bona Vacantia (Kalyan Dhan) of the Muluki Ain (General Code).
(3) If a Government employee forces a person to work without
remuneration to an official or his/her domestic work, the Chief District
78 Amended by Third Amendment. 79 Repealed by Judicial Administration Reform (Fourth Amendment) Act, 2043. 80 Repealed by Judicial Administration Reform (Fourth Amendment) Act, 2043 81
Repealed by Black Market and Some Other Social Offences and Punishment Act, 2032. 82 Amended by Fourth Amendment.

22

Officer may write to the concerned departmental head requesting for an
action against such employee under the prevailing law or otherwise be
subjected to departmental (disciplinary) action pursuant to the Civil Service
Rules.
(4) If a report is submitted by Municipality or Village Development
Committee83 that a tiger, leopard or any other wild animal is creating
trouble within the district, the Chief District Officer shall order to be killed
such animal and to have its fur or any other parts thereof to be handed over
to the concerned Forest Office, or as instructed by the Ministry of Forests
and Soils Conservation.84
(5) If a person is found to have made undue profits through the sale
of any goods or commodities, the Chief District Officer may punish the
seller with a fine upto One Thousand Rupees or with imprisonment upto
Three months85 or both taking into consideration the quantity and price of
the goods or commodities transacted. The aggrieved person may file an
appeal before to Court of Appeal86 within Thirty Five days against the
decision made by the Chief District Officer.
(6) The Chief District Officer shall keep records of public water
taps, wells, ponds, well-sides, shelters (Pati, pauwa), guest houses (Sattal
Dharmasala), temples, caves, bridges etc. situated within the district; if
they are damaged or likely to collapse, he/she shall order to be repaired by
the owner or his/her agent, or by the Municipality or Village Development
Committee87 or by the Guthi Trust Corporation.
83 Amended by Third Amendment. 84 Amended by Fourth Amendment 85 Amended by Third Amendment. 86 Amended by Administration of Justice Act, 2048. 87
Amended by Third Amendment.

23

88(6A) No one shall construct houses (building) on governmental or
public land without establishing one's ownership. In case a person
constructs or cause to construct a house on such land, the Chief District
Officer may issue an order to prohibit the construction a house. In case
house has already been constructed or is under construction at the time of
an order, he/she may order for the demolition and removal of materials
within One month. If a person does not demolish or remove materials with
in such time frame, the Chief District Officer may punish a fine upto Five
Thousand Rupees and demolish the house. The expenses incurred for the
demolition may also be reimbursed from such person.
Explanation:
(1) For the purpose of this Sub-section, the term "public
land" means lands being used from ancient times such
as paths, roads, pastures, water sources, crematories,
cemeteries, wells, ponds, pond embankments, sources
of drinking water, cattle paths, fairgrounds, public
entertainment sites, play grounds and similar publicly
used lands or adjoining plots, as well as land kept
uncultivated or sequestered by the order of
Government of Nepal.
(2) For the purpose of this Sub-section, the term "house"
means huts and temporary structures with or without
roofs of hay, straw or tin sheets.
(7) If the Chief District Officer considers that a person has become
insane and he/she may cause a danger to the concerned person or society if
88 Inserted by Some Nepal Acts (Amendment) Act, 2043

24

he/she is not kept under control he/she shall take action pursuant to Section
8 of the Chapter on Medical Treatment of the Muluki Ain.
(8) If a person submits an application to the Chief District Officer
requesting for a certificate of relationship with another individual, the Chief
District Officer shall after an inquiry, issue necessary certificate by
obtaining of a fee of Five Rupees.
89(9) The aggrieved person may file a complaint before the Court of
Appeal90 against the order made by the Chief District Officer upon
exercising the powers conferred by Sub-sections (1) and (7).
91(10) If a person slaughters, except on the occasions which requires
slaughter for traditional religious worship, animals or birds on the days of
Buddha-Jayanti, Krishna Janmastami, Mahashivaratri, Ramnawami and
festival of Ekadashi or at any religious place where the slaughter of anim ls
and birds has been specifically prohibited by Government of Nepal by a
Notification in the Nepal Gazette, the Chief Distric Officer may impose
penalty to such person a fine upto Five Thousand Rupees92 and no appeal
against such order in respect of penalty shall be considered.
93(11) No one shall let cattle roam free inside the Municipality
area,94 and if a person let cattle on the road and the concerned
Municipality95 does not capture and detain such cattle, the Chief District
Officer shall capture the cattle and sell them by auction, in accordance with
procedures considered appropriate by him/her, and the proceeds of the
89 Amended by Third Amendment. 90 Amended by Administration of Justice Act, 2048. 91 Inserted by First Amendment. 92 Amended by Third Amendment. 93 Inserted by Second Amendment. 94 Amended by Third Amendment. 95 Amended by Third Amendment.

25

auction shall be deposited to the District Development Committee96 fund. If
no one offers a bid in the auction, the Chief District Officer may handover
such cattle to a person other than the owner without any payment.
Explanation: For the purpose of this Sub-section-
(1) The term 'cattle' means bullocks, buffaloes, male
buffaloes, horses, sheep and goats.
(2) The Term 'free cattle' means cattle let loose by the
owner on roads and streets unattended by any cowman
(Gothala) or other person.
97(12) The owner of cattle who contravenes the provisi ns of Sub-
section (11) shall be punished with a fine upto Two Hundred Rupees by the
order of the Chief District Officer and an appeal against such order may be
filed before the Court of Appeal.98
10. ..............99
10010A.Records of public property: (1) The Office of the Chief District
Officer shall prepare records of all public land, inns (pati), rest-houses
(pauwa, sattal), parks, ponds, wells, pastures, outlets etc. identifi d through
cadastral survey maps, Royal Seal, Khadga Nishana orders, copper and
stone inscriptions, or other similar authoritative inscriptions, and send a
copy of each to the Land Revenue Office and the District Development
Committee101 Office.
96
Amended by Third Amendment. 97 Inserted by Second Amendment. 98 Amended by Administration of Justice Act, 2048. 99 Repealed by Some Nepal Acts (Amendment) Act, 2041. 100 Inserted by Some Nepal Acts (Amendment) Act, 2043. 101 Amended by Third Amendment.

26

(2) The public land, inns (pati), rest-houses (pauwa, sattal), parks,
ponds, wells, pastures, outlets etc. mentioned in Sub-section (1) shall not be
reclaimed (aawad) or allowed to be reclaimed without the prior approval of
Government of Nepal. If they are reclaimed or permission thereof is
granted, the guilty party shall be punished with a fine equal to the value of
the property or with an imprisonment upto Three months or the both.
(3) If a person has registered any public land, inns (pati), rest-houses
(pauwa, sattal), park, pond, well, pasture and or outlet etc., in his/her name,
such registration shall be revoked. There shall be no limitation for the
revocation of such registration.
Chapter-4
Miscellaneous
11. Delegation of powers:(1) Government of Nepal may, by a Notification in
the Nepal Gazette, delegate any or all of the powers conferred to any
authority or institution other than a Court pursuant to this Act or any other
prevailing Nepal laws to the concerned District Development Committee or
Municipality or Village Development Committee102 or any other official.
(2) ..........103
(3) ..........104
105(3a) The Regional Administrator may delegate any or all of the
powers conferred to him/her pursuant to this Act or any other prevailing
Nepal Laws to the Chief District Officer or any subordinate officer and
102 Amended by Third Amendment. 103 Deleted by Third Amendment. 104 Deleted by Third Amendment. 105 Inserted by Fourth Amendment.

27

information thereof shall be given to Ministry of Home Affairs
immediately.
(4) The Chief District Officer may delegate any or all of the powers
conferred to him/her pursuant to this Act or any other prevailing Nepal
Laws to any subordinate officer and the information hereof shall be given
to the Regional Administrator and Ministry of Home Affairs106
immediately.
Provided that, the Chief District Officer shall not delegate the
adjudicating power.
12. Power to frame Rules: Government of Nepal may frame Rules to
implement the objectives of this Act.
10713. Devolution of cases: The cases which are pending before the erstwhile
(the then) Zonal Commissioner pursuant to prevailing Laws, appellate cases
shall be transferred to the concerned Court of Appeal108 and other cases
shall be transferred to the concerned Chief District Officer.
14. Saving: Notwithstanding anything contained in the prevailing laws, this
Act and Rules framed hereunder shall prevail over th matters covered in
this Act and Rules.
15. Repeal: The following Nepal laws have been repealed:
(a) Local Administration Act, 2022,
(b) Madesh Goswara Act, 2012,
(c) Kathamndu Valley Commissioners' and Magistrate Sawal, 2009
106 Revived by provision of Some Nepal Acts Revival Act, 2063. 107 Amended by Third Amendment. 108
Amended by Administration of Justice Act, 2048.

28

(d) Gauda Goswara Administration (Provisional Arrangements) Act,
2019,
(e) Madesh Goswara Act, 2012 (enforcing to the Hilly Region) Act,
2014.
16. Effect of inoperativeness of the Local Administration Ordinance,
2028 (1971): With the Local Administration Ordinance, 2028 (197 ) being
inoperative, unless a different intention appears, the inoperativeness shall
not:
(a) revive anything in force or existing at the time at which the
ordinance became inoperativeness;
(b) affect the matter in operation as per the ordinance or anything duly
done or any punishment suffered there under;
(c) affect any right, privilege, obligation or liability acquired, accrued
or incurred under the ordinance;
(d) affect any penalty, punishment or forfeiture incurred under the
ordinance;
(e) affect any action or remedy made or taken in respect of any such
right, privilege, obligation, liability, penalty or punishment
aforesaid; and any such legal proceeding or remedy may be
instituted, continued or enforced as if the ordinance was in force.

29

109Scheldule
(Related to Sub-section (1) of Section 3)
Name of Development Regions, Zones and Districts
Development Region Zone District
Taplejung
Panchthar
Ilam Mechi
Jhapa
Sankhuwasabha
Terhathum
Dhankuta
Bhojpur
Sunsari
Koshi
Morang
Solukhumbu
Okhaldhunga
Khotang
Udayapur
Saptari
Eastern Development Region
Sagarmatha
Siraha

109 Amended by Fourth Amendment.

30

Development Region Zone District
Dolakha
Ramechhap
Sindhuli
Dhanusa
Mahottari
Janakpur
Sarlahi
Sindhupalchowk
Rasuwa
Kabhrepalanchowk
Bhaktapur
Lalitpur
Kathmandu
Nuwakot
Bagmati
Dhading
Central Development Region
Makawanpur
Rautahat
Bara



Narayani
Parsa

Chitawan
Gorkha
Tanahu
Manang
Lamjung
Kaski
Western Development Region
Gandaki
Syangja

31


Gulmi
Palpa
Arghakhanchi
Nawalparasi
Rupandehi

Lumbini
Kapilbastu
Parbat
Myagdi Dhaulagiri
Mustang

Baglung
Rukum
Rolpa
Pyuthan
Salyan
Rapti
Dang (Deukhuri)
Dolpa
Jumla
Kalikot
Mugu
Karnali
Humla
Jajarkot
Dailekh
Mid-Western Development Region
Surkhet
Banke
Bheri
Bardiya

32


Bajura
Bajhang
Achham
Doti

Seti
Kailali
Darchula
Baitadi
Dadeldhura

Far-Western Development Region
Mahakali
Kanchanpur