Functions and Powers of the Judicial Committee in Local Government in Nepal

Have you been struggling to find in English the powers, functions and duties of Judicial Committees constituted pursuant to Chapter 8 of the Local Level (Operation) Act 2017 ? I did. The provisions contained in the Act mandate the committee to undertake and carry out two specific functions: 

i) Settle Disputes through the Committee, and

ii) Settle Disputes through mediation only. 

Here are the English versions that might help: 

A. Nature of disputes that the Judicial Committee can settle: 

(a) Border/boundary of land, dams, ditches or distribution and use of water

(b) Damage to other crops

(c) Pasture land, green fodder, fuel wood,

(d) Unpaid wages

(e) Lost or found of domestic animals and birds

(f) Not caring and looking after elderly citizens

(g) Not providing decent food and clothing or education to minor children or husband-wife

(h) House rent and house rent facility with amount up to twenty-five hundred thousand annually

(i) Planting of trees to affect other’s house, land or property

(j) Throwing water from one’s house or verandah to others house, land or public road

(k) Not leaving the area of land to be left as per the law while constructing a house with a window towards the land of the immediate neighbour

(l) Not allowing to use or causing obstruction to a road being used publicly since ancient times even though it is under the right or ownership of any individual, way out for cattle, pasture for grazing cattle, drain, canal, pond, rest place, cremation site, religious site or any other public location

(m) Other disputes designated by the federal or provincial law to be resolved by the local level.

x

B. Nature of Cases that the Judicial Committee can settle through mediation only: 

a) A land other than government, public or community land owned by one is encroached by other

(b) Construction of house or any structure in a land other than government, public or community land, noting belonging to the person but of others

(c) Divorce between wife and husband

(d) Physical assault that could be liable to a maximum of one years of imprisonment, other than those leading to dismemberment

(e) Defamation

(f) Looting and assault

(g) Leaving cattle stray or affecting others due to negligence in course of keeping animals and birds

(h) Unauthorized entry to other’s residence

(i) Cultivating or possessing land that is in other’s possession

(j) Affecting neighbour with sound pollution or throwing solid waste

(k) Other civil disputes filed by an individual as claimant which could be mediated as per prevalent law and criminal disputes that could lead to up to one year’s imprisonment.

I have not got a chance to access the authentic version of it. However, the source that I have referred to is here: http://www.icnl.org/research/library/files/Nepal/LocalGovernmentAct.pdf