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Good Governance (Management and Operation) Act,
2064 (2008)
Date of Authentication and publication
2064/10/23(February 6, 2008)
Act No. 36 of the year of 2064 (2008)
An Act enacted to guarantee (ensure) good governance,
Preamble: Whereas, it is expedient to make legal provision in relation to good
governance by making public administration of the country pro-people,
accountable, transparent, inclusive and participatory and make available its
outcome to the general public; upon adopting the basic values of good
governance like rule of law, corruption–free and smart (lean or smooth)
administration, financial discipline, and efficient management of public work
and resources to create situation for providing public services in speedy and
cost-effective manner; by bringing into execution (enforcement) of the right of
the citizens upon having good governance by translating it to practical reality;
and transform the administrative mechanism into service delivery mechanism
and facilitator;
Now, therefore, the Legislature Parliament has enacted this Act.
Chapter-1
Preliminary
1. Short title and commencement: (1) This Act may be called “Good
Governance (Management and Operation) Act, 2064 (2006)”.
(2) This Act shall come into force immediately.
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2. Definitions: In this Act, unless the Subject or the context otherwise
requires;
(a) “Constitution” means the Interim Constitution of Nepal, 2063
(2007).
(b) “Minister” means Prime-minister, Deputy Prime-minister or
Ministers and this term also includes the Minister of State who
takes independent responsibility of a Ministry.
(c) “Secretary” means secretary of the Ministry and this term shall
also includes the chief-secretary of the Government of Nepal and
officials of special class carrying out the function of secretary.
(d) “Ministry” means Ministry of Government of Nepal and this term
also includes the office of the Prime Minister and Council of
Minister or constitutional organ (body) or office at the central
level.
(e) “Head of the department” means an authority acting as chief of
the the department or office equivalent to such department.
(f) "Office in charge” means an official acting as a chief of any
governmental office.
(g) "Prescribed" or "as prescribed” means prescribed or as prescribed
in the Rule framed under this Act.
Chapter-2
General Provisions Regarding to the Operation (execution) of Governance
3. Functions to be carried out at different level: (1) Government of
Nepal shall carry out administrative function at central, regional, zonal,
district, and local level to maintain good governance within the country.
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(2) Division into region, zone and district and determination of
geographical areas of local level pursuant to Sub-section (1) shall be
made according to the prevailing laws.
4. Thematic (subject wise) Ministry and Department to be
Constituted: (1) There shall be thematic Ministries and departments as
required to carry out the functions at the central level.
(2) Number of ministries and its division of works shall be made
in accordance with the Government of Nepal Division of Works Rules
(Nepal sarkar karya bibhajan niyamawali).
(3) There shall be the Office of the Prime Minister and Council
of Minister as the chief administrative organ of the Government of
Nepal.
(4) There may be department, office and other bodies established
under the Ministry as required.
5. Essential body may be constituted: (1) In addition to Ministry,
Department and Offices, Government of Nepal may constitute
secretariat, commission, board, centre, committee or other such body as
per necessity to carry out administrative functions.
(2) The functions, duties, powers and other terms of reference of
the secretariat, commission, board, centre, committee or other such
bodies constituted under Sub-section (1) shall be as determined by the
Government of Nepal.
6. Basis for executing administrative functions: While carrying out
administrative functions to maintain good governance in the country
pursuant to this Act or other prevailing laws, the concerned authority
shall carry out its functions on the following basis, in addition to the
provisions of the constitution and other prevailing laws :-
(a) greater interest of nation and people;
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(b) equity and inclusiveness;
(c) rule of law;
(d) guarantee of the human rights;
(e) transparency, objectivity, accountability and honesty;
(f) economic (financial) discipline, corruption-free, lean(smart) and
people–oriented administration
(g) impartiality and neutrality of administrative mechanism;
(h) access of people to administrative mechanism and its decision;
(i) decentralization and devolution of powers; and
(j) popular participation and optimum utilization of local resources.
7. Policies to be pursued by the Government of Nepal: (1) In addition to
the policies stipulated in the constitution and other prevailing laws and
the policies pursued from time to time, the Government of Nepal shall
pursue the following policies while carrying out the administrative
functions of the country:
(a) economic liberalization;
(b) poverty alleviation;
(c) social justice;
(d) sustainable and efficient management of natural and
public resources;
(e) empowerment of women and promotion of gender
justice;
(f) environmental protection;
(g) uplifting of ethnic groups, dalit, economically and
socially backward classes;
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(h) development of remote areas and balanced regional
development;
(2) Government of Nepal shall, from time to time, operate
necessary programmes and projects to implement policies pursued
according to Sub-section (1).
Chapter-3
Operation and responsibility of administrative function
8. Maintaining Good Governance to be the duty of Concerned
Authority: It shall be the duty of the concerned authority to carry out
administrative function of the country pursuant to this Act or other
prevailing laws, in speedy manner, with the objective of maintaining
good governance and make available its outcomes to the people in time.
9. Responsibility of the Minister: (1) In addition to the responsibilities
mentioned in the constitution and other laws in force, it shall be the
responsibility of the concerned minister to perform or cause to perform
the entire jobs to be carried out by the Ministry under his/her
responsibility including the policy matters.
(2) Without prejudice to the provision of Sub-section (1), the
concerned minister may provide necessary directions to the officials of
his/her Ministry and its subordinate; and it shall be the duty of the
concerned officials to comply with such direction in time.
10. Chief Secretary and his/her Responsibility: (1) The Chief Secretary
shall be the chief administrative officer of the Government of Nepal and
carry out his/her responsibility in that capacity.
(2) Without prejudice to the generality of the provision of Subsection(
1), the chief secretary shall have following functions, powers,
duties and responsibilities, in addition to the functions, powers, duties
and responsibilities entrusted by this Act or other laws in force;
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(a) To perform or cause to perform the functions of the
office of Prime Minister and Council of Ministers
as an administrative chief of that office under the
supervision and direction of the Prime Minister,
(b) To supervise the functions carried out by the
secretaries and other special class officers of the
Government of Nepal as a supervisor and issue
necessary direction in relation to their
administrative works,
(c) To coordinate or cause to coordinate among the
functions of different Ministries and other
concerned bodies,
(d) To coordinate among the different Ministries and
other institutions of the central level to implement
or cause to implements governance reform
programme as an integral part of the country’s
public administration,
(e) To act as the secretary of the Council of Ministers
and authenticate the decisions of the council of
minister in that capacity,
(f) To mobilize or cause to be mobilized the concerned
ministries for the execution of the decisions of
Government of Nepal (Council of Minister) and
supervise the status of implementation of those
decisions,
(g) To motivate the secretary and other officials for
making administrative mechanism of the country
lean (smart) and effective,
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(h) To convene the meeting of secretary, from time to
time, to make functions of the Government of
Nepal effective; and supervise the status of
implementation of the decisions taken by such
meetings,
(i) To monitor, inspect and supervise or cause to do so
to administrative functions of the different
ministries and other offices at the central level,
(j) To scrutinize (examine) the agenda/proposal
submitted by the secretaries and present them for
the decision of the Government of Nepal, Council
of Ministers, and return or cause to return in case
such agenda /proposal found to be incomplete,
(k) To monitor or cause to be monitored the state of
enforcement (execution) of bilateral and
multilateral treaty of which Nepal is a party,
(l) To perform other prescribed functions.
11. Responsibility of the Secretary: (1) Secretary shall be the chief
administrative authority of the concerned Ministry, constitutional body
or office at the central level and shall carry out the duties in that
capacity.
(2) Without prejudice to the generality of provision of Subsection
(1), the secretary shall have following functions, duties and
powers, in addition to the functions, duties and powers entrusted by this
Act or other laws in force.
(a) Facilitate the concerned minister to formulate
policy of the Government of Nepal.
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(b) Carry out the functions of the ministry or
constitutional body or central level office of his/he
incumbency under the direction and supervision of
the concerned minister.
(c) Present proposal before the concerned minister for
necessary reform in policy matters in the ministry
or constitutional body or central level office of
his/her incumbency.
(d) Control and supervise over the management, daily
work performance and civil servant of the ministry
or constitutional body or central level office of
his/her incumbency.
(e) Make necessary supervision and/or control of the
functioning of the ministry, constitutional body or
central level office or departments of his/her
incumbency or office subordinate to such office and
give them necessary directives.
(f) Implement or cause to implement the policies and
programmes approved by the Government of
Nepal.
(g) Submit a monthly report to the Office of the Prime
Minister and Council of Minister, as prescribed, on
the major works performed by the ministry or
constitutional body or central level office of his/her
incumbency and other concerned offices.
(h) Formulate and submit the annual programme of the
ministry or constitutional body or central level
office before the minister and implement, monitor,
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evaluate and make progress assessment or cause to
do so to the approved programme.
(i) Prepare and submit annual report before the
minister on major works performed by the ministry
or constitutional body or central level office.
(j) Transfer, recruit or depute the personnel up to
gazetted class two officers of the ministry or
constitutional body or central level office of his/her
incumbency or subordinate office.
Provided that, transfer of civil servants from
one ministry or constitutional body or central level
office or other body or department or subordinate
offices to another ministry or constitutional body or
central level office or body or department or
subordinate office shall be made according to the
provision of the prevailing laws.
(k) Make nomination of the officers up to gazetted
class two for foreign study, training, study tour, or
for other such purposes on behalf of Government of
Nepal and approve foreign visit deputation.
(l) Implement or cause to implement the decisions
taken by the Government of Nepal (Council of
Ministers) on matters related with the ministry, or
constitutional body or central level office of his/her
incumbency and supervise the state of
implementation of such decision.
(M) Implement the decisions made by the meeting of
the secretaries.
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(n) Honour the personnel with outstanding or
appreciable work performance with the reward of
up to Three grade increment in salary or cash prize
of up to Five Thousand Rupees with the detail
description of the work performed by such
personnel.
(o) Make frequent supervision of the projects run by
the ministry, constitutional body or central level
office or head of the department under these offices
and give necessary direction.
(p) While making supervision pursuant to Clause (o), if
it is found that the project has not been completed
within stipulated time or the completed project
found to be less than the quality, make necessary
inquiry and take necessary action against the head
of the department or project chief under whose
authority the concerned project is operated.
(q) Undertake or cause to be undertaken the other
functions, duties and powers as prescribed.
(3) The secretary shall communicate immediately to the
concerned minister about the work performed pursuant to Clause (j), (k)
of Sub-section (2).
(4) The secretary shall be accountable to the Government of
Nepal for functions mentioned in Sub-section (2) and shall also have the
responsibility and duty to give updated information to the Government
of Nepal about any matters related to the ministry or constitutional body
or central level office of his/her incumbency when required.
12. Responsibility of the Head of the Department: (1) The head of the
department shall be the chief administrative authority of the concerned
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department and shall carry out necessary functions to accomplish the
responsibility of the office.
(2) Without any prejudice to the generality of the provision of
Sub-section (1), the head of the department shall have following
functions, duties and powers, in addition to the functions, duties and
powers entrusted by this Act or other laws in force.
(a) Perform work of the department of his/her
incumbency.
(b) Carry out the management, day to day work of the
department and supervise and control over the
subordinate staffs of the department of his/her
incumbency.
(c) Arrange for providing expeditious and qualitative
services to the people by continuous improvement
of activities and work performance of the
department of his/her incumbency and subordinate
offices.
(d) Present to the secretary, with justification, for
reform to be made in the law or policy to be
implemented by the department of his/her
incumbency or subordinate office.
(e) Organize orientation and training programmes for
continuous improvement of the level of work
performance and skill of the employee of the
department and subordinate office.
(f) Submit monthly, annual or other reports of the
department of his/her incumbency and subordinate
offices before secretary as prescribed.
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(g) Make transfer, placement and deputation of
personnel up to gazetted class Three officer
working under the department of his/her
incumbency.
(h) Honour the personnel working in the department of
his/her incumbency or subordinate office with
excellent or appreciable work performance with the
reward of up to One grade increase in monthly
salary or with cash prize of up to Two Thousand
Rupees mentioning the detail description of the
work performed by such personnel.
(i) Make frequent inspection of the project
implemented by the office-in-charge and give
necessary direction; and while making supervision,
if it is found that the project has not been executed
within stipulated time or the completed project
found to be less than quality, make necessary
inquiry and initiate appropriate departmental action
against him/her and submit the report of such action
to the concerned secretary along with the
description of such departmental action.
(j) Exercise or cause to exercise other functions, duty
and authority as prescribed.
13. Responsibility of the Chief Office-holder: The office in charge shall
have the following functions, duties and powers in addition to functions,
duties and powers conferred by prevailing laws;
(a) Carry out the management of the office of his/her incumbency, its
daily functioning and supervision and control over staffs working
in the office;
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(b) Make deputation of the personnel of office of his/her
incumbency and subordinate office;
(c) Transfer the non-gazetted staffs from one office to another office
from the office of his/her incumbency or subordinate offices ;
(d) Make recommendation to head of the department for honouring
the personnel of his/her incumbency with outstanding or
appreciable work performance with the reward of increase in
grade or cash prize mentioning the detail description of the work
performed by such personnel;
(e) Cause to complete the work of the projects implemented under
the office of his/her incumbency within stipulated time;
(f) Make effective to the service to be provided to the general public
by the office of his/her incumbency
(g) Exercise or cause to be exercised other functions, duties and
powers as prescribed.
Chapter - 4
Procedure to be Adopted while Carrying out Administrative
Function
14. Certain Procedure to be Followed: Officials authorized to make
decision pursuant to this Act or other prevailing laws, while making
decisions in any subject, shall follow the procedure prescribed by
prevailing laws; and in absence of such procedure shall follow a
reasonable procedure taking into consideration of the subject matter to
be decided.
15. Decision to be Made Within Certain Time: (1) Officials authorized to
make decision pursuant to this Act or other prevailing laws, shall take
decision within the time stipulated by prevailing laws if there is such
stipulation; in absence of such stipulation one shall decide within a
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reasonable time taking into consideration of the subject matter to be
decided.
(2) In case it is not possible to make decision within the period
mentioned in Sub-section (1) due to unavailability of necessary fact,
information or evidence, the decision making authority shall decide the
matter mentioning its reason.
(3) After making decision mentioning the reason pursuant to Subsection
(2), the decision making authority shall present its information to
his/her superior authority as soon as possible.
16. Transparency to be Maintained while Making Decision: (1) Officials
authorized to make decision pursuant to this Act or other prevailing
laws, shall act in transparent way while making decision in any subject.
Explanation: For the purpose of this Act, transparency means
procedure of decision making on the basis of certain standard and this
term may not prejudice to the matter required to be kept confidential
pursuant to prevailing laws.
(2) To maintain transparency pursuant to Sub-section (1), the
decision making authority may pay due attention to the opinion and
advice of the subordinate staffs on the subject to be decided.
(3) If the process of decision of the subject has to be initiated
from one level and subsequently decided from the higher level, the
authority involved in each level has to present the subject to the
deciding authority enclosing his/her clear opinion on the subject.
(4) The decision making authority, while making decision, shall
address the questions, if any, raised in the opinion submitted by
authority of all level involved in the process of decision making in each
level pursuant to Sub-section (3).
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(5) While making decision, the decision making authority may
seek an opinion of a legal or technical expert in the subject, if he/she
deems it reasonable, if a legal or technical question has to be settled.
(6) If the opinion has been sought pursuant to Sub-section (5),
decision may be made also on the basis of such opinion, and if it does
not seem necessary to follow such opinion its reason shall be mentioned
in the decision.
(7) Other provision regarding transparency shall be as prescribed.
17. Basis and Reason to be mentioned in the Decision: The concerned
authority, while making decision pursuant to this Act or other prevailing
laws, shall mention the clear basis in the decision on which it is based
and reason why such decision has been made.
18. Decision not to be made in conflict of interest: (1) Official authorized
to make decision pursuant to this Act or other laws in force, shall not
decide the matter with conflict of interest by the fact that his/her direct
benefit, concern or interest is involved in the matter, or the decision
directly affects his/her successor or close relatives or provides direct
benefit to the business or profession carried out by the member of the
joint family of the decision maker.
Explanation: For the purpose of this Section, the decision shall
not be deemed to be in conflict of interest where the authority decides on
the matter for the greater public interest.
(2) In case where the official authorized to make decision could
not make decision due to the condition mentioned in Sub-section (1),
he/she shall refer the matter to the official corresponding to him/her rank
of the same office, in absence of such official in the office the matter
shall be referred to the higher official for decision.
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(3) If there is no official mentioned in Sub-section (2) in the
concerned office or such official also could not make decision due to the
situation mentioned in Sub-section (1), the decision making official shall
submit the matter to chief-secretary if he/she is a secretary, and the
matter has to be referred to his/her senior if the decision making official
is other official.
Provided that, if the decision-making authority is chief-secretary,
the matter shall be submitted to Government of Nepal (Council of
Ministers).
(4) The officer working in policy making or law enforcing body
of any sector or sub-sector or regulatory body of any sector or sub-sector
shall not be involved in the management of the firm, company or any
other enterprise of non-governmental or private sector, engaged in the
production of goods, service or carry out business related to the decision
made during the tenure of his/her office or involve directly or indirectly
in the management of firm, company or enterprise engage in the
production of goods, service or carry out business, during the tenure of
his/her office or for at least One year of the retirement from the post.
Explanation: For the purpose of this Sub-section, such period,
for the person working in more than one body, shall mean the period of
the latest two years before his/her retirement.
(5) If a person acts in contrary to the provision of this Section, the
secretary of the concerned ministry may take departmental action on that
ground if such person is incumbent in his/her position and if s/he has
been retired from the office the concerned secretary may order to fine
such person up to Ten Thousand Rupees.
(6) The person dissatisfied with the order made pursuant to Subsection
(5) may file an appeal to the concerned Court of Appeal within
Thirty Five days.
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(7) The work performed by the authority, contrary to this Subsection,
during his/her incumbency (tenure) shall ipso facto be void.
19. Performance contract may be made: (1) If any work to be performed
by the Government of Nepal has to be carried out within certain period
or to be executed with the achievement of certain quantity or if it is
necessary to execute any programme or project of national priority,
performance contract may be entered into with any official assigning
him/her the responsibility of executing such work.
(2) The contract made pursuant to Sub-section (1) inter alia, shall
consist of terms of reference, the period of performance and quality or
quantity of work performance.
(3) If contract has been made pursuant to Sub-section (1), the
person assigned with the responsibility by the contract shall perform the
act according to such contract.
(4) In case the work to be performed pursuant to Sub-section (3)
could not be performed within stipulated time due to force majeure it
shall be communicated to the secretary with the detail statement of its
reason.
(5) If statement submitted pursuant to Sub-section (4) seems to be
reasonable, the performance contract may be amended to perform the
work within extended period excluding the time of such stoppage of
work due to the force majeure.
(6) Departmental action shall be taken against the official failing
to perform the work pursuant to Sub-section (3) or (5) without
reasonable cause.
(7) In case, any person having responsibility pursuant to this
Section fails to perform the work with malice (malafide intention) or by
recklessness or negligence thereby resulting loss to Government of
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Nepal or causes to increase the cost of the project, compensation for
such loss or increase may be recovered from such official.
(8) Other provisions relating to performance contract shall be as
prescribed.
20. Consultation may be made with Civil Society or Stakeholders while
Implementing the Matters of Public Concern: (1) Government of
Nepal may make necessary consultation with stakeholder and civil
society, if necessary, before the implementation of any matter of public
concern.
(2) While making consultation pursuant to Sub-section (1) the
possible impact assessment that can be attained from the proposed
subject shall be made by overall analysis of positive and negative
aspects.
(3) Government of Nepal, while executing the subjects of public
concern, shall give due attention to the suggestion received from the
consultation with stakeholders pursuant to Sub-section(1) or (2) during
execution of the matter of public concern.
Explanation: For the purpose of this section, ‘matter of public
concern’ shall mean any of the following subject:-
(a) any subject establishing/introducing a
fundamentally new system or fundamentally
repealing the existing system,
(b) subject relating to execution of any development
programme or project of public concern, or
(c) Other subject as prescribed.
21. Responsibility not to be set Evaded: (1) Official who has been
entrusted with the responsibility to perform any work pursuant to this
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Act or prevailing laws shall perform the work according to stipulated
terms within stipulated time limit.
(2) Official entrusted with the responsibility to perform work
pursuant to Sub-section (1), shall not evade his/her responsibility or
cause to do any work by any other/person.
(3) An official who gets the work done by others contrary to Subsection
(2) or evades his/her responsibility of any kind or fails to
perform the work within stipulated time with malicious intention to
evade the responsibility or does not attain the achievement as per work
performance indicator, he/she may be admonished by the Government
of Nepal if such officer is the chief secretary, by the concerned Minister
in case he/she is secretary, by the concerned secretary in case she/he is
the official under ministry or head of the department and the concerned
head of the department in case he/she is any other official.
(4) In case there is no improvement in the conduct and activities
of the official even after the admonition given pursuant to Sub-section
(3), departmental action shall be taken against such an official pursuant
to the prevailing law on the grounds of incompetency.
22. Power may be delegated: (1) Notwithstanding anything contained in
this Act, an official may delegate his/her authority to his/her equivalent
or subordinate official to be exercised according to the prevailing laws.
Provided that, the responsible official shall not be exempted from
his/her responsibility owing to such delegation of power.
(2) The power delegated pursuant to Sub-section (1) may be
withdrawn at any time.
(3) Notwithstanding anything contained in Sub-section (1), the
power to make decision using judicial mind shall not be delegated.
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23. Provision Relating to Official or Professional Code of Conduct: (1)
Every person holding public office shall comply with the official or
professional code of conduct as prescribed during the tenure of his/her
office or to the specified time after retirement no matter what the reason
of retirement be.
(2) Following bodies or authorities shall formulate official or
professional conduct for the following official to be complied pursuant
to Sub-section (1):-
(a) Judicial council for judges,
(b) Concerned constitutional body for the officials and
the staff of concerned constitutional body,
(c) Government of Nepal, Council of Minister for civil
servants,
(d) Supreme Court for the personnel working in the
courts,
(e) Attorney General for public prosecutors and other
staffs of the office of Government Attorney,
(f) Concerned ministry for chief of the organization
established pursuant to prevailing laws and; and by
concerned organization for other staff thereof,
(g) Legislature-parliament, Execution and Management
committee for the staff of secretariat of legislatureparliament,
(h) Prescribed authority for other persons holding
public offices except the official mentioned in the
above Clauses.
(3) Notwithstanding anything contained in the Clause (c) of Subsection
(2), Government of Nepal may delegate power to the concerned
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ministry or central body authorizing it to formulate code of official or
professional conduct to be complied by the personnel working in any
ministry or central body or its subordinate body, taking into
consideration of the nature of the duty to be performed by such
personnel.
(4) It shall be the duty of concerned person to comply with the
official or professional code of conduct formulated pursuant to this
Section, and departmental action shall be taken against the person
violating such code of conduct based on the gravity of such violation
and record of such departmental action shall be maintained, if such
official is an employee (personnel) ; and in case of official other than
civil servant such record shall be maintained by the authority
responsible to formulate professional code of conduct for such officials.
(5) Notwithstanding anything contained in the Sub-section (4), in
case any matter concerning to the non-compliance or violation of the
official or professional code of conduct has been criminalized by the
prevailing laws, shall not prevent from initiating proceeding according
to law against such person.
Chapter-5
Miscellaneous
24. Discharging Official Responsibility: An official, responsible to
perform work pursuant to this Act or prevailing laws, while exercising
the authority or discharging duties, shall pay attention to the following
matters:
(a) Take self-initiation to perform one's own official work within
stipulated time,
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(b) Mobilize the governmental or public resources in cost-effective
manner which might lead to their maximum utilization and
productivity,
(c) Pay attention on the fact that the government or public office is a
service providing organization, the concerned authority is the
servant of the country, and general public are the holder of the
right to receive service,
(d) Keep in the mind that lingering and delay in the work
performance is the misuse of resources as well as additional
expenses of resource and wealth of the country,
(e) Supply information to the higher authority in case the work could
not be performed in time due to the inevitable condition,
Provided that, in case in matter concerning to public
service or service user (customer), the information shall be
disseminated to the general public by broadcasting or publicizing
as per necessity,
(f) The responsible officer shall make decision by her/himself in the
matters falling under one's own jurisdiction and shall not seek the
direction of superior agency in an ordinary issue without any
legal complication or ambiguity.
(g) The person holding public office, while performing official or
public work, shall show modest behaviour toward the the service
user (customer) consistent with the prevailing values, norms and
culture,
25. Citizen's charter to be maintained: (1) Every governmental office
(public office) responsible for delivering public service or involved in
public relation shall maintain citizen's charter in prescribed form and
locate it in the visible place of the office.
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(2) The citizen's charter, made pursuant to Sub-section (1), shall
contain, and inter alia, the following matters:-
(a) Detail statement of service offered by the office
and its nature,
(b) Procedure to be followed by the service user
(customer) to obtain the service,
(c) Estimated time for delivering the service,
(d) Description of the officer responsible for providing
service and his/her chamber,
(e) Particulars of the fees to be charged or other
amount to be paid, if any, to receive the service,
(f) Other matters as prescribed,
(3) The matters mentioned in Sub-section (1) shall be mandatory
to the concerned office and it shall be the duty of the chief of the
concerned office and other personnel thereof, to deliver service by
performing the work accordingly.
(4) Departmental action may be taken against the in charge of
concerned office and responsible staff thereof in case the service user
(customer) does not receive service due to the failure of the office to
perform the work (job) pursuant to Sub-section (1) as mentioned in
citizen's charter without any reasonable cause,.
(5) The amount of compensation, for the loss incurred to the
customer in case he/she does not receive the service due to the failure of
the office to deliver service according to citizen's charter made pursuant
to Sub-section (1), shall be as prescribed.
26. Mobile service may be operated: The Government of Nepal may make
arrangement for offering mobile service at the service user's locality,
requiring specific office to deliver service in the prescribed location
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(area) with the objective of delivering the service on the matter of
collective or individual concern.
27. Provision of fixing reasonable service fees: (1) Different levels of fees
may be fixed based on the principle of social justice while fixing service
fee (charge) to be paid by the customer to the Government of Nepal or
governmental agency for utilizing the service.
(2) While fixing the service fees pursuant to Sub-section (1) the
service fees shall be fixed with the provision of concession to the
residents of the remote or backward areas than the residents of other
areas
28. Provision Relating to Public Participation and Ownership: (1) The
Government of Nepal may arrange for the provision of operating any
project or programme with direct participation and ownership of the
people.
(2) The provision relating to the direct participation and
ownership in project or programme shall be as prescribed.
29. Provision relating to establishment of Governance Reform Unit: (1)
Governance Reform Unit shall be established in every ministry.
(2) The functions, duties and powers of the Governance Reform
Unit, established pursuant to Sub-section (1), shall be as prescribed.
30. Public hearing to be held : (1) The Chief office-holder at regional,
zonal, district and local level involved in delivery of service, shall
conduct public hearing as prescribed, with the purpose of making the
activities of the office fair, transparent, and objective and addressing the
lawful concerns of general people and stakeholders.
(2) While conducting public hearing pursuant to Sub-section (1)
the expert of the related subject, stakeholder, and representatives of civil
society and officials of the local bodies shall be invited.
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(3) Notwithstanding anything contained in this Section, public
hearing shall not be required to be held in the matters to be decided
judicially.
31. Grievance management: (1) A complaint box shall be maintained at
the visible place of every ministry, department, and government agency
and office for the management of grievance relating to quality,
effectiveness of the work carried out by such ministry, department and
agency or office and possible irregularities in them.
(2) Whosoever may submit complaint in the complaint box
managed pursuant to Sub-section (1).
(3) For the management of complaint submitted pursuant to Subsection
(2), the responsible officer of the concerned ministry, department
and government agency or office shall open complaint box in the
presence of other officials in every Three days and if the grievances and
suggestions are found to be reasonable, necessary step shall be taken for
the proper management thereof.
(4) In case complaint received pursuant to Sub-section (3) is
irrelevant to the concerned ministry, department and government agency
or office, however relating to the individual conduct of chief of such
ministry, department and government agency or office, the detail of such
grievances shall be submitted to higher authority thereof.
(5) The information of action taken pursuant to Sub-section (3) or
(4) shall be published in concerned notice board.
(6) Notwithstanding anything contained in this Section, in case
the complaint is irrelevant to the function of concerned ministry,
department and governmental bodies or office, its information shall be
given to the concerned person if identified and returned to such person
and in case the complainant is not identified the complaint shall be
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posted in the notice board of the concerned ministry, department and
government agency or office.
32. Approval to be Obtained to Open an Account in Foreign Bank: (1)
Any official employed in the service of the Government of Nepal should
obtain prior approval from the Government of Nepal to open an account
in a foreign bank save as prescribed otherwise.
(2) The procedure relating to taking prior approval of the
Government of Nepal to open an account in foreign bank shall be as
prescribed.
33. Not to encroach (interfere) on the authority of other officials: (1)
While performing a function pursuant to this Act or other prevailing
laws, no official shall interfere to the authority, responsibility or duty of
other official.
(2) Legal action may be taken against an official acting contrary
to Sub-section (1).
34. Advisor may be appointed: (1) While obtaining the service of expert in
the concerned subject wherein the work cannot be performed by the
official of civil service, the Government of Nepal may appoint an
individual advisor on the subject.
(2) The number, qualification and procedure of the appointment
of the advisor pursuant to Sub-section (1) shall be as prescribed.
(3) The functions to be performed by the advisor, his/her terms
of reference, authority, duty, responsibility and remuneration or other
facilities of the advisor appointed pursuant to Sub-section(1) shall be as
mentioned in the terms of reference approved by the Government of
Nepal at the time of appointment.
(4) The code of conduct to be complied with by the advisor
while performing duty on that capacity shall be as prescribed.
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35. Spokesperson to be appointed: (1) Every ministry, department and
government agency and office shall appoint any of its officials as a
spokesperson, for the purpose of providing information to the
stakeholders or general public about the activities and functions carried
out by the ministry, department, and governmental agency or office.
(2) The function, duty and powers of the spokesperson appointed
pursuant to Sub-section (1) shall be as prescribed.
36. Constitutional body and local body shall comply the Act:
Constitutional body, local body, regulatory body or public corporation
under full or partial ownership or control of the Government of Nepal
requiring to perform work according to the constitution or prevailing
laws and official working in these bodies or corporation , while
performing their work, shall mutatis mutandis implement or cause to
implement the provisions mentioned in Section 6, 7, 13, 14, 15, 16, 17,
18, 19, 20, 21, 22, 23, 24, 25, 26, 28 and 30.
37. Information technology may be brought into practice: (1) Every
ministry, department and government agency and office may bring
computerized information technology into practice based on the
availability of their resources and means.
(2) Other matters relating to bring into practice of information
technology shall be as prescribed.
38. Monitoring and evaluation committee: (1) With the objective of
making the service delivery system effective and transforming the
bureaucracy into service provider agency and carrying out evaluation
and monitoring of the work performed by the official entrusted to
perform the work pursuant to the prevailing laws, there shall be a central
monitoring and evaluation committee established under the coordination
of chief secretary.
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(2) Monitoring and evaluation committee may be constituted in
regional, zonal and district level as prescribed.
(3) There shall be an evaluation and monitoring mechanism in
every ministry as prescribed to facilitate the central monitoring and
evaluation committee.
(4) The secretariat of the monitoring and evaluation committee
shall be located in the office Prime minister and council of minister.
39. Disposal of Government Function and Supervision of Government
Office: In addition to the provision mentioned in this Act or other
prevailing laws, other provision related to the clearance (completion)
and supervision of the governmental work shall be as prescribed.
40. Facilities of service shall be as prescribed: In addition to the facilities
received by the chief secretary, secretary, head of the department or
Chief office-holder for work performance in that capacity, the other
facilities of such officials shall be as prescribed by the Government of
Nepal.
41. Annual report to be submitted: (1) Ministry or department and other
government agency at the central level shall, every year, prepare an
annual report including the programme implemented, works that has
been performed and condition of such work, progress and expenditure
and other necessary matters; and submit it within prescribed period, to
the office of the Prime Minister and Council of Minister by the ministry
or agency of central level, to the ministry by the department; and to the
higher office by other office or agency. Such report may be made public
with the approval of the superior Authority.
(2) The report as per Sub-section (1), in addition to the matters
mentioned in the Sub-section, shall include the reform programme to
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maintain good governance implemented by the concerned ministry or
agency in the ministry or agency or the sub-ordinate office.
(3) The prime minister, on the basis of report as per the Subsection
(1), shall submit report every year to the legislature-parliament
concerning the significant progress achieved in the matter of governance
reform and good governance.
42. Work Performance indicator: The indicator of work performance of
the work to be performed by any authority pursuant to this Act shall be
as prescribed.
43. Saving of Acts done in Good faith: No action shall be taken against an
official for his/her bona fide act done while performing any work or
carrying administrative function as per this Act or other prevailing laws.
44. Power to frame Rule: The Government of Nepal may frame necessary
Rules to implement the objectives of this Act.
45. Directive or Manual may be framed: Government of Nepal, for the
purpose of carrying out the activities of government offices or work
performance in a manageable, speedy and economical manner in term of
process, may frame and implement necessary directive or manual.
46. To be governed as per the prevailing laws: This Act shall apply on the
matter contained in this Act and prevailing law shall apply in other
matters.
47. The Effect of Repeal of Good Governance (Management and
Operation Ordinance) 2062: After the repeal of Good Governance
(Management and Operation Ordinance) 2062, unless a different
intention appears, the repeal shall not-
(a) revive anything not in force or existing at the time at which the
repeal takes effect;
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(b) affect the previous operation of ordinance so repealed or anything
duly done or suffered thereunder; or
(c) Affect any right, privilege obligation or liability acquired accrued
or incurred under the ordinance so repealed; or
(d) affect any penalty, forfeiture or punishment incurred in respect of
any offence committed against the ordinance so repealed; or
(e) affect any investigation, legal proceeding or remedy in respect of
any such right, privilege obligation. liability, penalty forfeiture or
punishment as aforesaid; and any such investigation, legal
proceeding or remedy may be instituted, continued or enforced,
and any such penalty, forfeiture or punishment may be imposed
of if the repealing ordinance had not been passed.
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Good Governance (Management and Operation) Act,
2064 (2008)
Date of Authentication and publication
2064/10/23(February 6, 2008)
Act No. 36 of the year of 2064 (2008)
An Act enacted to guarantee (ensure) good governance,
Preamble: Whereas, it is expedient to make legal provision in relation to good
governance by making public administration of the country pro-people,
accountable, transparent, inclusive and participatory and make available its
outcome to the general public; upon adopting the basic values of good
governance like rule of law, corruption–free and smart (lean or smooth)
administration, financial discipline, and efficient management of public work
and resources to create situation for providing public services in speedy and
cost-effective manner; by bringing into execution (enforcement) of the right of
the citizens upon having good governance by translating it to practical reality;
and transform the administrative mechanism into service delivery mechanism
and facilitator;
Now, therefore, the Legislature Parliament has enacted this Act.
Chapter-1
Preliminary
1. Short title and commencement: (1) This Act may be called “Good
Governance (Management and Operation) Act, 2064 (2006)”.
(2) This Act shall come into force immediately.
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2. Definitions: In this Act, unless the Subject or the context otherwise
requires;
(a) “Constitution” means the Interim Constitution of Nepal, 2063
(2007).
(b) “Minister” means Prime-minister, Deputy Prime-minister or
Ministers and this term also includes the Minister of State who
takes independent responsibility of a Ministry.
(c) “Secretary” means secretary of the Ministry and this term shall
also includes the chief-secretary of the Government of Nepal and
officials of special class carrying out the function of secretary.
(d) “Ministry” means Ministry of Government of Nepal and this term
also includes the office of the Prime Minister and Council of
Minister or constitutional organ (body) or office at the central
level.
(e) “Head of the department” means an authority acting as chief of
the the department or office equivalent to such department.
(f) "Office in charge” means an official acting as a chief of any
governmental office.
(g) "Prescribed" or "as prescribed” means prescribed or as prescribed
in the Rule framed under this Act.
Chapter-2
General Provisions Regarding to the Operation (execution) of Governance
3. Functions to be carried out at different level: (1) Government of
Nepal shall carry out administrative function at central, regional, zonal,
district, and local level to maintain good governance within the country.
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(2) Division into region, zone and district and determination of
geographical areas of local level pursuant to Sub-section (1) shall be
made according to the prevailing laws.
4. Thematic (subject wise) Ministry and Department to be
Constituted: (1) There shall be thematic Ministries and departments as
required to carry out the functions at the central level.
(2) Number of ministries and its division of works shall be made
in accordance with the Government of Nepal Division of Works Rules
(Nepal sarkar karya bibhajan niyamawali).
(3) There shall be the Office of the Prime Minister and Council
of Minister as the chief administrative organ of the Government of
Nepal.
(4) There may be department, office and other bodies established
under the Ministry as required.
5. Essential body may be constituted: (1) In addition to Ministry,
Department and Offices, Government of Nepal may constitute
secretariat, commission, board, centre, committee or other such body as
per necessity to carry out administrative functions.
(2) The functions, duties, powers and other terms of reference of
the secretariat, commission, board, centre, committee or other such
bodies constituted under Sub-section (1) shall be as determined by the
Government of Nepal.
6. Basis for executing administrative functions: While carrying out
administrative functions to maintain good governance in the country
pursuant to this Act or other prevailing laws, the concerned authority
shall carry out its functions on the following basis, in addition to the
provisions of the constitution and other prevailing laws :-
(a) greater interest of nation and people;
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(b) equity and inclusiveness;
(c) rule of law;
(d) guarantee of the human rights;
(e) transparency, objectivity, accountability and honesty;
(f) economic (financial) discipline, corruption-free, lean(smart) and
people–oriented administration
(g) impartiality and neutrality of administrative mechanism;
(h) access of people to administrative mechanism and its decision;
(i) decentralization and devolution of powers; and
(j) popular participation and optimum utilization of local resources.
7. Policies to be pursued by the Government of Nepal: (1) In addition to
the policies stipulated in the constitution and other prevailing laws and
the policies pursued from time to time, the Government of Nepal shall
pursue the following policies while carrying out the administrative
functions of the country:
(a) economic liberalization;
(b) poverty alleviation;
(c) social justice;
(d) sustainable and efficient management of natural and
public resources;
(e) empowerment of women and promotion of gender
justice;
(f) environmental protection;
(g) uplifting of ethnic groups, dalit, economically and
socially backward classes;
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(h) development of remote areas and balanced regional
development;
(2) Government of Nepal shall, from time to time, operate
necessary programmes and projects to implement policies pursued
according to Sub-section (1).
Chapter-3
Operation and responsibility of administrative function
8. Maintaining Good Governance to be the duty of Concerned
Authority: It shall be the duty of the concerned authority to carry out
administrative function of the country pursuant to this Act or other
prevailing laws, in speedy manner, with the objective of maintaining
good governance and make available its outcomes to the people in time.
9. Responsibility of the Minister: (1) In addition to the responsibilities
mentioned in the constitution and other laws in force, it shall be the
responsibility of the concerned minister to perform or cause to perform
the entire jobs to be carried out by the Ministry under his/her
responsibility including the policy matters.
(2) Without prejudice to the provision of Sub-section (1), the
concerned minister may provide necessary directions to the officials of
his/her Ministry and its subordinate; and it shall be the duty of the
concerned officials to comply with such direction in time.
10. Chief Secretary and his/her Responsibility: (1) The Chief Secretary
shall be the chief administrative officer of the Government of Nepal and
carry out his/her responsibility in that capacity.
(2) Without prejudice to the generality of the provision of Subsection(
1), the chief secretary shall have following functions, powers,
duties and responsibilities, in addition to the functions, powers, duties
and responsibilities entrusted by this Act or other laws in force;
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(a) To perform or cause to perform the functions of the
office of Prime Minister and Council of Ministers
as an administrative chief of that office under the
supervision and direction of the Prime Minister,
(b) To supervise the functions carried out by the
secretaries and other special class officers of the
Government of Nepal as a supervisor and issue
necessary direction in relation to their
administrative works,
(c) To coordinate or cause to coordinate among the
functions of different Ministries and other
concerned bodies,
(d) To coordinate among the different Ministries and
other institutions of the central level to implement
or cause to implements governance reform
programme as an integral part of the country’s
public administration,
(e) To act as the secretary of the Council of Ministers
and authenticate the decisions of the council of
minister in that capacity,
(f) To mobilize or cause to be mobilized the concerned
ministries for the execution of the decisions of
Government of Nepal (Council of Minister) and
supervise the status of implementation of those
decisions,
(g) To motivate the secretary and other officials for
making administrative mechanism of the country
lean (smart) and effective,
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(h) To convene the meeting of secretary, from time to
time, to make functions of the Government of
Nepal effective; and supervise the status of
implementation of the decisions taken by such
meetings,
(i) To monitor, inspect and supervise or cause to do so
to administrative functions of the different
ministries and other offices at the central level,
(j) To scrutinize (examine) the agenda/proposal
submitted by the secretaries and present them for
the decision of the Government of Nepal, Council
of Ministers, and return or cause to return in case
such agenda /proposal found to be incomplete,
(k) To monitor or cause to be monitored the state of
enforcement (execution) of bilateral and
multilateral treaty of which Nepal is a party,
(l) To perform other prescribed functions.
11. Responsibility of the Secretary: (1) Secretary shall be the chief
administrative authority of the concerned Ministry, constitutional body
or office at the central level and shall carry out the duties in that
capacity.
(2) Without prejudice to the generality of provision of Subsection
(1), the secretary shall have following functions, duties and
powers, in addition to the functions, duties and powers entrusted by this
Act or other laws in force.
(a) Facilitate the concerned minister to formulate
policy of the Government of Nepal.
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(b) Carry out the functions of the ministry or
constitutional body or central level office of his/he
incumbency under the direction and supervision of
the concerned minister.
(c) Present proposal before the concerned minister for
necessary reform in policy matters in the ministry
or constitutional body or central level office of
his/her incumbency.
(d) Control and supervise over the management, daily
work performance and civil servant of the ministry
or constitutional body or central level office of
his/her incumbency.
(e) Make necessary supervision and/or control of the
functioning of the ministry, constitutional body or
central level office or departments of his/her
incumbency or office subordinate to such office and
give them necessary directives.
(f) Implement or cause to implement the policies and
programmes approved by the Government of
Nepal.
(g) Submit a monthly report to the Office of the Prime
Minister and Council of Minister, as prescribed, on
the major works performed by the ministry or
constitutional body or central level office of his/her
incumbency and other concerned offices.
(h) Formulate and submit the annual programme of the
ministry or constitutional body or central level
office before the minister and implement, monitor,
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evaluate and make progress assessment or cause to
do so to the approved programme.
(i) Prepare and submit annual report before the
minister on major works performed by the ministry
or constitutional body or central level office.
(j) Transfer, recruit or depute the personnel up to
gazetted class two officers of the ministry or
constitutional body or central level office of his/her
incumbency or subordinate office.
Provided that, transfer of civil servants from
one ministry or constitutional body or central level
office or other body or department or subordinate
offices to another ministry or constitutional body or
central level office or body or department or
subordinate office shall be made according to the
provision of the prevailing laws.
(k) Make nomination of the officers up to gazetted
class two for foreign study, training, study tour, or
for other such purposes on behalf of Government of
Nepal and approve foreign visit deputation.
(l) Implement or cause to implement the decisions
taken by the Government of Nepal (Council of
Ministers) on matters related with the ministry, or
constitutional body or central level office of his/her
incumbency and supervise the state of
implementation of such decision.
(M) Implement the decisions made by the meeting of
the secretaries.
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(n) Honour the personnel with outstanding or
appreciable work performance with the reward of
up to Three grade increment in salary or cash prize
of up to Five Thousand Rupees with the detail
description of the work performed by such
personnel.
(o) Make frequent supervision of the projects run by
the ministry, constitutional body or central level
office or head of the department under these offices
and give necessary direction.
(p) While making supervision pursuant to Clause (o), if
it is found that the project has not been completed
within stipulated time or the completed project
found to be less than the quality, make necessary
inquiry and take necessary action against the head
of the department or project chief under whose
authority the concerned project is operated.
(q) Undertake or cause to be undertaken the other
functions, duties and powers as prescribed.
(3) The secretary shall communicate immediately to the
concerned minister about the work performed pursuant to Clause (j), (k)
of Sub-section (2).
(4) The secretary shall be accountable to the Government of
Nepal for functions mentioned in Sub-section (2) and shall also have the
responsibility and duty to give updated information to the Government
of Nepal about any matters related to the ministry or constitutional body
or central level office of his/her incumbency when required.
12. Responsibility of the Head of the Department: (1) The head of the
department shall be the chief administrative authority of the concerned
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department and shall carry out necessary functions to accomplish the
responsibility of the office.
(2) Without any prejudice to the generality of the provision of
Sub-section (1), the head of the department shall have following
functions, duties and powers, in addition to the functions, duties and
powers entrusted by this Act or other laws in force.
(a) Perform work of the department of his/her
incumbency.
(b) Carry out the management, day to day work of the
department and supervise and control over the
subordinate staffs of the department of his/her
incumbency.
(c) Arrange for providing expeditious and qualitative
services to the people by continuous improvement
of activities and work performance of the
department of his/her incumbency and subordinate
offices.
(d) Present to the secretary, with justification, for
reform to be made in the law or policy to be
implemented by the department of his/her
incumbency or subordinate office.
(e) Organize orientation and training programmes for
continuous improvement of the level of work
performance and skill of the employee of the
department and subordinate office.
(f) Submit monthly, annual or other reports of the
department of his/her incumbency and subordinate
offices before secretary as prescribed.
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(g) Make transfer, placement and deputation of
personnel up to gazetted class Three officer
working under the department of his/her
incumbency.
(h) Honour the personnel working in the department of
his/her incumbency or subordinate office with
excellent or appreciable work performance with the
reward of up to One grade increase in monthly
salary or with cash prize of up to Two Thousand
Rupees mentioning the detail description of the
work performed by such personnel.
(i) Make frequent inspection of the project
implemented by the office-in-charge and give
necessary direction; and while making supervision,
if it is found that the project has not been executed
within stipulated time or the completed project
found to be less than quality, make necessary
inquiry and initiate appropriate departmental action
against him/her and submit the report of such action
to the concerned secretary along with the
description of such departmental action.
(j) Exercise or cause to exercise other functions, duty
and authority as prescribed.
13. Responsibility of the Chief Office-holder: The office in charge shall
have the following functions, duties and powers in addition to functions,
duties and powers conferred by prevailing laws;
(a) Carry out the management of the office of his/her incumbency, its
daily functioning and supervision and control over staffs working
in the office;
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(b) Make deputation of the personnel of office of his/her
incumbency and subordinate office;
(c) Transfer the non-gazetted staffs from one office to another office
from the office of his/her incumbency or subordinate offices ;
(d) Make recommendation to head of the department for honouring
the personnel of his/her incumbency with outstanding or
appreciable work performance with the reward of increase in
grade or cash prize mentioning the detail description of the work
performed by such personnel;
(e) Cause to complete the work of the projects implemented under
the office of his/her incumbency within stipulated time;
(f) Make effective to the service to be provided to the general public
by the office of his/her incumbency
(g) Exercise or cause to be exercised other functions, duties and
powers as prescribed.
Chapter - 4
Procedure to be Adopted while Carrying out Administrative
Function
14. Certain Procedure to be Followed: Officials authorized to make
decision pursuant to this Act or other prevailing laws, while making
decisions in any subject, shall follow the procedure prescribed by
prevailing laws; and in absence of such procedure shall follow a
reasonable procedure taking into consideration of the subject matter to
be decided.
15. Decision to be Made Within Certain Time: (1) Officials authorized to
make decision pursuant to this Act or other prevailing laws, shall take
decision within the time stipulated by prevailing laws if there is such
stipulation; in absence of such stipulation one shall decide within a
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reasonable time taking into consideration of the subject matter to be
decided.
(2) In case it is not possible to make decision within the period
mentioned in Sub-section (1) due to unavailability of necessary fact,
information or evidence, the decision making authority shall decide the
matter mentioning its reason.
(3) After making decision mentioning the reason pursuant to Subsection
(2), the decision making authority shall present its information to
his/her superior authority as soon as possible.
16. Transparency to be Maintained while Making Decision: (1) Officials
authorized to make decision pursuant to this Act or other prevailing
laws, shall act in transparent way while making decision in any subject.
Explanation: For the purpose of this Act, transparency means
procedure of decision making on the basis of certain standard and this
term may not prejudice to the matter required to be kept confidential
pursuant to prevailing laws.
(2) To maintain transparency pursuant to Sub-section (1), the
decision making authority may pay due attention to the opinion and
advice of the subordinate staffs on the subject to be decided.
(3) If the process of decision of the subject has to be initiated
from one level and subsequently decided from the higher level, the
authority involved in each level has to present the subject to the
deciding authority enclosing his/her clear opinion on the subject.
(4) The decision making authority, while making decision, shall
address the questions, if any, raised in the opinion submitted by
authority of all level involved in the process of decision making in each
level pursuant to Sub-section (3).
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(5) While making decision, the decision making authority may
seek an opinion of a legal or technical expert in the subject, if he/she
deems it reasonable, if a legal or technical question has to be settled.
(6) If the opinion has been sought pursuant to Sub-section (5),
decision may be made also on the basis of such opinion, and if it does
not seem necessary to follow such opinion its reason shall be mentioned
in the decision.
(7) Other provision regarding transparency shall be as prescribed.
17. Basis and Reason to be mentioned in the Decision: The concerned
authority, while making decision pursuant to this Act or other prevailing
laws, shall mention the clear basis in the decision on which it is based
and reason why such decision has been made.
18. Decision not to be made in conflict of interest: (1) Official authorized
to make decision pursuant to this Act or other laws in force, shall not
decide the matter with conflict of interest by the fact that his/her direct
benefit, concern or interest is involved in the matter, or the decision
directly affects his/her successor or close relatives or provides direct
benefit to the business or profession carried out by the member of the
joint family of the decision maker.
Explanation: For the purpose of this Section, the decision shall
not be deemed to be in conflict of interest where the authority decides on
the matter for the greater public interest.
(2) In case where the official authorized to make decision could
not make decision due to the condition mentioned in Sub-section (1),
he/she shall refer the matter to the official corresponding to him/her rank
of the same office, in absence of such official in the office the matter
shall be referred to the higher official for decision.
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(3) If there is no official mentioned in Sub-section (2) in the
concerned office or such official also could not make decision due to the
situation mentioned in Sub-section (1), the decision making official shall
submit the matter to chief-secretary if he/she is a secretary, and the
matter has to be referred to his/her senior if the decision making official
is other official.
Provided that, if the decision-making authority is chief-secretary,
the matter shall be submitted to Government of Nepal (Council of
Ministers).
(4) The officer working in policy making or law enforcing body
of any sector or sub-sector or regulatory body of any sector or sub-sector
shall not be involved in the management of the firm, company or any
other enterprise of non-governmental or private sector, engaged in the
production of goods, service or carry out business related to the decision
made during the tenure of his/her office or involve directly or indirectly
in the management of firm, company or enterprise engage in the
production of goods, service or carry out business, during the tenure of
his/her office or for at least One year of the retirement from the post.
Explanation: For the purpose of this Sub-section, such period,
for the person working in more than one body, shall mean the period of
the latest two years before his/her retirement.
(5) If a person acts in contrary to the provision of this Section, the
secretary of the concerned ministry may take departmental action on that
ground if such person is incumbent in his/her position and if s/he has
been retired from the office the concerned secretary may order to fine
such person up to Ten Thousand Rupees.
(6) The person dissatisfied with the order made pursuant to Subsection
(5) may file an appeal to the concerned Court of Appeal within
Thirty Five days.
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(7) The work performed by the authority, contrary to this Subsection,
during his/her incumbency (tenure) shall ipso facto be void.
19. Performance contract may be made: (1) If any work to be performed
by the Government of Nepal has to be carried out within certain period
or to be executed with the achievement of certain quantity or if it is
necessary to execute any programme or project of national priority,
performance contract may be entered into with any official assigning
him/her the responsibility of executing such work.
(2) The contract made pursuant to Sub-section (1) inter alia, shall
consist of terms of reference, the period of performance and quality or
quantity of work performance.
(3) If contract has been made pursuant to Sub-section (1), the
person assigned with the responsibility by the contract shall perform the
act according to such contract.
(4) In case the work to be performed pursuant to Sub-section (3)
could not be performed within stipulated time due to force majeure it
shall be communicated to the secretary with the detail statement of its
reason.
(5) If statement submitted pursuant to Sub-section (4) seems to be
reasonable, the performance contract may be amended to perform the
work within extended period excluding the time of such stoppage of
work due to the force majeure.
(6) Departmental action shall be taken against the official failing
to perform the work pursuant to Sub-section (3) or (5) without
reasonable cause.
(7) In case, any person having responsibility pursuant to this
Section fails to perform the work with malice (malafide intention) or by
recklessness or negligence thereby resulting loss to Government of
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Nepal or causes to increase the cost of the project, compensation for
such loss or increase may be recovered from such official.
(8) Other provisions relating to performance contract shall be as
prescribed.
20. Consultation may be made with Civil Society or Stakeholders while
Implementing the Matters of Public Concern: (1) Government of
Nepal may make necessary consultation with stakeholder and civil
society, if necessary, before the implementation of any matter of public
concern.
(2) While making consultation pursuant to Sub-section (1) the
possible impact assessment that can be attained from the proposed
subject shall be made by overall analysis of positive and negative
aspects.
(3) Government of Nepal, while executing the subjects of public
concern, shall give due attention to the suggestion received from the
consultation with stakeholders pursuant to Sub-section(1) or (2) during
execution of the matter of public concern.
Explanation: For the purpose of this section, ‘matter of public
concern’ shall mean any of the following subject:-
(a) any subject establishing/introducing a
fundamentally new system or fundamentally
repealing the existing system,
(b) subject relating to execution of any development
programme or project of public concern, or
(c) Other subject as prescribed.
21. Responsibility not to be set Evaded: (1) Official who has been
entrusted with the responsibility to perform any work pursuant to this
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Act or prevailing laws shall perform the work according to stipulated
terms within stipulated time limit.
(2) Official entrusted with the responsibility to perform work
pursuant to Sub-section (1), shall not evade his/her responsibility or
cause to do any work by any other/person.
(3) An official who gets the work done by others contrary to Subsection
(2) or evades his/her responsibility of any kind or fails to
perform the work within stipulated time with malicious intention to
evade the responsibility or does not attain the achievement as per work
performance indicator, he/she may be admonished by the Government
of Nepal if such officer is the chief secretary, by the concerned Minister
in case he/she is secretary, by the concerned secretary in case she/he is
the official under ministry or head of the department and the concerned
head of the department in case he/she is any other official.
(4) In case there is no improvement in the conduct and activities
of the official even after the admonition given pursuant to Sub-section
(3), departmental action shall be taken against such an official pursuant
to the prevailing law on the grounds of incompetency.
22. Power may be delegated: (1) Notwithstanding anything contained in
this Act, an official may delegate his/her authority to his/her equivalent
or subordinate official to be exercised according to the prevailing laws.
Provided that, the responsible official shall not be exempted from
his/her responsibility owing to such delegation of power.
(2) The power delegated pursuant to Sub-section (1) may be
withdrawn at any time.
(3) Notwithstanding anything contained in Sub-section (1), the
power to make decision using judicial mind shall not be delegated.
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23. Provision Relating to Official or Professional Code of Conduct: (1)
Every person holding public office shall comply with the official or
professional code of conduct as prescribed during the tenure of his/her
office or to the specified time after retirement no matter what the reason
of retirement be.
(2) Following bodies or authorities shall formulate official or
professional conduct for the following official to be complied pursuant
to Sub-section (1):-
(a) Judicial council for judges,
(b) Concerned constitutional body for the officials and
the staff of concerned constitutional body,
(c) Government of Nepal, Council of Minister for civil
servants,
(d) Supreme Court for the personnel working in the
courts,
(e) Attorney General for public prosecutors and other
staffs of the office of Government Attorney,
(f) Concerned ministry for chief of the organization
established pursuant to prevailing laws and; and by
concerned organization for other staff thereof,
(g) Legislature-parliament, Execution and Management
committee for the staff of secretariat of legislatureparliament,
(h) Prescribed authority for other persons holding
public offices except the official mentioned in the
above Clauses.
(3) Notwithstanding anything contained in the Clause (c) of Subsection
(2), Government of Nepal may delegate power to the concerned
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ministry or central body authorizing it to formulate code of official or
professional conduct to be complied by the personnel working in any
ministry or central body or its subordinate body, taking into
consideration of the nature of the duty to be performed by such
personnel.
(4) It shall be the duty of concerned person to comply with the
official or professional code of conduct formulated pursuant to this
Section, and departmental action shall be taken against the person
violating such code of conduct based on the gravity of such violation
and record of such departmental action shall be maintained, if such
official is an employee (personnel) ; and in case of official other than
civil servant such record shall be maintained by the authority
responsible to formulate professional code of conduct for such officials.
(5) Notwithstanding anything contained in the Sub-section (4), in
case any matter concerning to the non-compliance or violation of the
official or professional code of conduct has been criminalized by the
prevailing laws, shall not prevent from initiating proceeding according
to law against such person.
Chapter-5
Miscellaneous
24. Discharging Official Responsibility: An official, responsible to
perform work pursuant to this Act or prevailing laws, while exercising
the authority or discharging duties, shall pay attention to the following
matters:
(a) Take self-initiation to perform one's own official work within
stipulated time,
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(b) Mobilize the governmental or public resources in cost-effective
manner which might lead to their maximum utilization and
productivity,
(c) Pay attention on the fact that the government or public office is a
service providing organization, the concerned authority is the
servant of the country, and general public are the holder of the
right to receive service,
(d) Keep in the mind that lingering and delay in the work
performance is the misuse of resources as well as additional
expenses of resource and wealth of the country,
(e) Supply information to the higher authority in case the work could
not be performed in time due to the inevitable condition,
Provided that, in case in matter concerning to public
service or service user (customer), the information shall be
disseminated to the general public by broadcasting or publicizing
as per necessity,
(f) The responsible officer shall make decision by her/himself in the
matters falling under one's own jurisdiction and shall not seek the
direction of superior agency in an ordinary issue without any
legal complication or ambiguity.
(g) The person holding public office, while performing official or
public work, shall show modest behaviour toward the the service
user (customer) consistent with the prevailing values, norms and
culture,
25. Citizen's charter to be maintained: (1) Every governmental office
(public office) responsible for delivering public service or involved in
public relation shall maintain citizen's charter in prescribed form and
locate it in the visible place of the office.
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(2) The citizen's charter, made pursuant to Sub-section (1), shall
contain, and inter alia, the following matters:-
(a) Detail statement of service offered by the office
and its nature,
(b) Procedure to be followed by the service user
(customer) to obtain the service,
(c) Estimated time for delivering the service,
(d) Description of the officer responsible for providing
service and his/her chamber,
(e) Particulars of the fees to be charged or other
amount to be paid, if any, to receive the service,
(f) Other matters as prescribed,
(3) The matters mentioned in Sub-section (1) shall be mandatory
to the concerned office and it shall be the duty of the chief of the
concerned office and other personnel thereof, to deliver service by
performing the work accordingly.
(4) Departmental action may be taken against the in charge of
concerned office and responsible staff thereof in case the service user
(customer) does not receive service due to the failure of the office to
perform the work (job) pursuant to Sub-section (1) as mentioned in
citizen's charter without any reasonable cause,.
(5) The amount of compensation, for the loss incurred to the
customer in case he/she does not receive the service due to the failure of
the office to deliver service according to citizen's charter made pursuant
to Sub-section (1), shall be as prescribed.
26. Mobile service may be operated: The Government of Nepal may make
arrangement for offering mobile service at the service user's locality,
requiring specific office to deliver service in the prescribed location
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(area) with the objective of delivering the service on the matter of
collective or individual concern.
27. Provision of fixing reasonable service fees: (1) Different levels of fees
may be fixed based on the principle of social justice while fixing service
fee (charge) to be paid by the customer to the Government of Nepal or
governmental agency for utilizing the service.
(2) While fixing the service fees pursuant to Sub-section (1) the
service fees shall be fixed with the provision of concession to the
residents of the remote or backward areas than the residents of other
areas
28. Provision Relating to Public Participation and Ownership: (1) The
Government of Nepal may arrange for the provision of operating any
project or programme with direct participation and ownership of the
people.
(2) The provision relating to the direct participation and
ownership in project or programme shall be as prescribed.
29. Provision relating to establishment of Governance Reform Unit: (1)
Governance Reform Unit shall be established in every ministry.
(2) The functions, duties and powers of the Governance Reform
Unit, established pursuant to Sub-section (1), shall be as prescribed.
30. Public hearing to be held : (1) The Chief office-holder at regional,
zonal, district and local level involved in delivery of service, shall
conduct public hearing as prescribed, with the purpose of making the
activities of the office fair, transparent, and objective and addressing the
lawful concerns of general people and stakeholders.
(2) While conducting public hearing pursuant to Sub-section (1)
the expert of the related subject, stakeholder, and representatives of civil
society and officials of the local bodies shall be invited.
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(3) Notwithstanding anything contained in this Section, public
hearing shall not be required to be held in the matters to be decided
judicially.
31. Grievance management: (1) A complaint box shall be maintained at
the visible place of every ministry, department, and government agency
and office for the management of grievance relating to quality,
effectiveness of the work carried out by such ministry, department and
agency or office and possible irregularities in them.
(2) Whosoever may submit complaint in the complaint box
managed pursuant to Sub-section (1).
(3) For the management of complaint submitted pursuant to Subsection
(2), the responsible officer of the concerned ministry, department
and government agency or office shall open complaint box in the
presence of other officials in every Three days and if the grievances and
suggestions are found to be reasonable, necessary step shall be taken for
the proper management thereof.
(4) In case complaint received pursuant to Sub-section (3) is
irrelevant to the concerned ministry, department and government agency
or office, however relating to the individual conduct of chief of such
ministry, department and government agency or office, the detail of such
grievances shall be submitted to higher authority thereof.
(5) The information of action taken pursuant to Sub-section (3) or
(4) shall be published in concerned notice board.
(6) Notwithstanding anything contained in this Section, in case
the complaint is irrelevant to the function of concerned ministry,
department and governmental bodies or office, its information shall be
given to the concerned person if identified and returned to such person
and in case the complainant is not identified the complaint shall be
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posted in the notice board of the concerned ministry, department and
government agency or office.
32. Approval to be Obtained to Open an Account in Foreign Bank: (1)
Any official employed in the service of the Government of Nepal should
obtain prior approval from the Government of Nepal to open an account
in a foreign bank save as prescribed otherwise.
(2) The procedure relating to taking prior approval of the
Government of Nepal to open an account in foreign bank shall be as
prescribed.
33. Not to encroach (interfere) on the authority of other officials: (1)
While performing a function pursuant to this Act or other prevailing
laws, no official shall interfere to the authority, responsibility or duty of
other official.
(2) Legal action may be taken against an official acting contrary
to Sub-section (1).
34. Advisor may be appointed: (1) While obtaining the service of expert in
the concerned subject wherein the work cannot be performed by the
official of civil service, the Government of Nepal may appoint an
individual advisor on the subject.
(2) The number, qualification and procedure of the appointment
of the advisor pursuant to Sub-section (1) shall be as prescribed.
(3) The functions to be performed by the advisor, his/her terms
of reference, authority, duty, responsibility and remuneration or other
facilities of the advisor appointed pursuant to Sub-section(1) shall be as
mentioned in the terms of reference approved by the Government of
Nepal at the time of appointment.
(4) The code of conduct to be complied with by the advisor
while performing duty on that capacity shall be as prescribed.
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35. Spokesperson to be appointed: (1) Every ministry, department and
government agency and office shall appoint any of its officials as a
spokesperson, for the purpose of providing information to the
stakeholders or general public about the activities and functions carried
out by the ministry, department, and governmental agency or office.
(2) The function, duty and powers of the spokesperson appointed
pursuant to Sub-section (1) shall be as prescribed.
36. Constitutional body and local body shall comply the Act:
Constitutional body, local body, regulatory body or public corporation
under full or partial ownership or control of the Government of Nepal
requiring to perform work according to the constitution or prevailing
laws and official working in these bodies or corporation , while
performing their work, shall mutatis mutandis implement or cause to
implement the provisions mentioned in Section 6, 7, 13, 14, 15, 16, 17,
18, 19, 20, 21, 22, 23, 24, 25, 26, 28 and 30.
37. Information technology may be brought into practice: (1) Every
ministry, department and government agency and office may bring
computerized information technology into practice based on the
availability of their resources and means.
(2) Other matters relating to bring into practice of information
technology shall be as prescribed.
38. Monitoring and evaluation committee: (1) With the objective of
making the service delivery system effective and transforming the
bureaucracy into service provider agency and carrying out evaluation
and monitoring of the work performed by the official entrusted to
perform the work pursuant to the prevailing laws, there shall be a central
monitoring and evaluation committee established under the coordination
of chief secretary.
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(2) Monitoring and evaluation committee may be constituted in
regional, zonal and district level as prescribed.
(3) There shall be an evaluation and monitoring mechanism in
every ministry as prescribed to facilitate the central monitoring and
evaluation committee.
(4) The secretariat of the monitoring and evaluation committee
shall be located in the office Prime minister and council of minister.
39. Disposal of Government Function and Supervision of Government
Office: In addition to the provision mentioned in this Act or other
prevailing laws, other provision related to the clearance (completion)
and supervision of the governmental work shall be as prescribed.
40. Facilities of service shall be as prescribed: In addition to the facilities
received by the chief secretary, secretary, head of the department or
Chief office-holder for work performance in that capacity, the other
facilities of such officials shall be as prescribed by the Government of
Nepal.
41. Annual report to be submitted: (1) Ministry or department and other
government agency at the central level shall, every year, prepare an
annual report including the programme implemented, works that has
been performed and condition of such work, progress and expenditure
and other necessary matters; and submit it within prescribed period, to
the office of the Prime Minister and Council of Minister by the ministry
or agency of central level, to the ministry by the department; and to the
higher office by other office or agency. Such report may be made public
with the approval of the superior Authority.
(2) The report as per Sub-section (1), in addition to the matters
mentioned in the Sub-section, shall include the reform programme to
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maintain good governance implemented by the concerned ministry or
agency in the ministry or agency or the sub-ordinate office.
(3) The prime minister, on the basis of report as per the Subsection
(1), shall submit report every year to the legislature-parliament
concerning the significant progress achieved in the matter of governance
reform and good governance.
42. Work Performance indicator: The indicator of work performance of
the work to be performed by any authority pursuant to this Act shall be
as prescribed.
43. Saving of Acts done in Good faith: No action shall be taken against an
official for his/her bona fide act done while performing any work or
carrying administrative function as per this Act or other prevailing laws.
44. Power to frame Rule: The Government of Nepal may frame necessary
Rules to implement the objectives of this Act.
45. Directive or Manual may be framed: Government of Nepal, for the
purpose of carrying out the activities of government offices or work
performance in a manageable, speedy and economical manner in term of
process, may frame and implement necessary directive or manual.
46. To be governed as per the prevailing laws: This Act shall apply on the
matter contained in this Act and prevailing law shall apply in other
matters.
47. The Effect of Repeal of Good Governance (Management and
Operation Ordinance) 2062: After the repeal of Good Governance
(Management and Operation Ordinance) 2062, unless a different
intention appears, the repeal shall not-
(a) revive anything not in force or existing at the time at which the
repeal takes effect;
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(b) affect the previous operation of ordinance so repealed or anything
duly done or suffered thereunder; or
(c) Affect any right, privilege obligation or liability acquired accrued
or incurred under the ordinance so repealed; or
(d) affect any penalty, forfeiture or punishment incurred in respect of
any offence committed against the ordinance so repealed; or
(e) affect any investigation, legal proceeding or remedy in respect of
any such right, privilege obligation. liability, penalty forfeiture or
punishment as aforesaid; and any such investigation, legal
proceeding or remedy may be instituted, continued or enforced,
and any such penalty, forfeiture or punishment may be imposed
of if the repealing ordinance had not been passed.
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