Lawyer for Municipality, and rural-municipality
we have dynamic legal team. We provide legal advice in all sectors like civil and criminal matters, counselling to a corporate house by different legal department head. The areas of civil includes family counselling and disputes, property, tort and criminal matters includes law relating to homicides, sex, property, person. All civil and criminal matters case are dealt by this firm. Our expertise team provides consultancy service and involves in court matters.
we help following special Ares of the case.
- land related disputes
- Any illegal action of the mayor and municipality/Chairperson and vice chairperson
- Decision made by executive committee of local government
- property related issues of the individual
- conservation of government land, public land, property
- Domestic violence issues
- writs and prohibition order
Judicial committee and best lawyer in Nepal
The judicial committee of local government in Nepal is an important mechanism established under the Constitution of Nepal 2015 to ensure access to justice at the grassroots level. It is formed in each municipality and rural municipality and is typically coordinated by the deputy mayor or vice-chairperson. The committee is responsible for resolving minor disputes, such as issues related to property boundaries, family matters, and local conflicts, through mediation and reconciliation. By providing a simple, fast, and cost-effective alternative to formal courts, the judicial committee helps reduce the burden on higher courts and promotes community harmony. It also empowers local governments to play a direct role in justice delivery, strengthening decentralization and democratic governance in Nepal. Nepal Legal Service has the experts lawyers in local government issues, please you can connect at 9851020168.
The judicial committee shall have the right to settle the following cases:
(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 neighbor,
(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. Please you can follow our lawyers @ https://www.facebook.com/ for the settlement of local issues.
(2) The Judicial Committee shall have the right to settle disputes through mediation in only the following disputes:
(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.
(3) In case of the disputes relating to Sub-clause (2), it shall not be regarded to have obstructed to file a case directly at the court if the concerned party wishes.
(4) In the disputes mentioned in this Clause petition must be filed before the Judicial Committee within the limitation if any such limitation is prescribed to file petition before the case hearing authority in the prevalent law and within thirty-five days of such act having committed in case where no limitation has been prescribed.
EXPLANATION: For the purpose of this Chapter petition has also mean complaint or law suit. 48. Exercise of Jurisdiction:
(1) The judicial committee coordinator and members shall collectively exercise the jurisdiction of the judicial committee and the opinion of majority shall be deemed as the decision of the judicial committee.
(2) Notwithstanding whatsoever is written in Sub-clause (1), the dispute can be prosecuted and settled with the presence of the judicial committee coordinator and one another member.
(3) While prosecuting, and settling as per Sub-clause (2), with the presence of two members, except the judicial committee coordinator, other action can be taken except to decide on and give final verdict on the dispute.
(4) If the post of the coordinator falls vacant for any reason, then the dispute can be prosecuted and settled with the unanimous decision of the remaining two members.
(5) Notwithstanding whatsoever is written elsewhere in this Clause, if the judicial committee coordinator or any member carries personal concern or interest in any of the dispute or if any person related to the coordinator or member is a party to the dispute, then the person cannot prosecute and settle the case.
(6) In case of the dispute that cannot be overseen by the coordinator or any member as per Sub-clause (5), the members other than such coordinator or member can prosecute and settle the dispute. If the Coordinator and all the members cannot prosecute and settle the case, then the concerned assembly should designate three members just to prosecute and settle that particular case.
(7) While prosecuting and settling the dispute as per Sub-clause (6), the senior most member among the three members shall serve as the Judicial Committee coordinator. 49. Justice execution process:
(1) The Judicial Committee shall send the evidence of the petition of dispute registered before it to the concerned party after having it registered.
(2) While prosecuting and settling the dispute registered before it, the judicial committee shall as far as possible encourage reconciliation and reconcile with the consensus of both parties. If the parties do not reconcile, then the judicial committee should prosecute and settle the case as per the law in the dispute as mentioned in Sub-clause (1) of Clause 47.
(3) The Judicial Committee shall, while carrying out reconciliation as per Sub-clause (2), do so through the mediators enlisted by the Committee.
(4) In the dispute mentioned in Sub-clause (2) of Clause 47, the Judicial Committee should settle the case through mediation within three months from the date of arrival of the defendant. If reconciliation is not possible within the period, the concerned party should be communicated to go to the court by mentioning the same details and the documents and evidence related to it should also be sent to the concerned court.
(5) If the party as per Sub-clause (4) presents himself/herself, then the concerned Court shall prosecute and settle the case as per the prevalent law.
(6) In the dispute registered before the Judicial Committee, if the claimant has filed a petition to withhold the accounts, deposit in the name of the defendant in any bank, company, financial institution or other agency or to keep on hold the amount that the claimant is entitled to and not pay to anyone else or to stop the transfer of the ownership of any immovable property in the possession of the defendant, then the Judicial Committee if it finds appropriate to do so following an inquiry write to the concerned agency to withhold it by specifying a period for it, and communication received as such should be followed to withhold accordingly and the judicial committee informed about it.
(7) If the defendant files as application before the Judicial Committee to lift the act of withholding as per Sub-clause (6), the committee may write to the concerned agency to release it if it found to be appropriate to do so as per the application and communication received as such should be followed to release it and the judicial committee informed about it.
(8) While exercising the jurisdiction as per Clause 47, the Judicial Committee may also issue an interim protection order to the concerned party in the dispute related to the husband and wife or of protection of elderly citizens for the interest of their minor child or any other person dependent on the person: (a) To allow the victim to live in the house he/she has being staying, provide food and clothing, to not physically assault and to behave in a decent and civilized manner, (b) To carry out treatment if the victim has suffered physical or mental injury, (c) To make arrangement for separate accommodation if it is deemed necessary for the victim and to make proper arrangement of subsistence in such separate accommodation, (d) To not slur, threaten or behave in an uncivilized way with the victim, (e) To carry out other necessary and appropriate matters for the interest and security of the victim.
(9) If any application is filed before the Judicial Committee in relation to any dispute as per Clause 47, then the defendant himself/herself or his/her representative should be present before the Judicial Committee along with written details within the limitation if a limitation is specified for the defendant to be present before the case hearing authority in the prevalent law and if not specified then within fifteen days, besides the travel time.
(10) The Judicial Committee may constitute mediation centers in every ward for the purpose of forging reconciliation in the disputes as per Clause 47.
(11) In case of more than one mediation centers in one ward, the judicial committee may send the disputing parties to the mediation center they have chosen or in case of failure of consensus on the parties on the matter then to any mediation center of the ward for resolving dispute through mediation. (12) While prosecuting and settling the petition of dispute registered before it, the judicial committee shall carry out the process of registration of the petition, necessary inquiry and prosecution of the dispute, process to make the sides present, bail, time to execute the case, the procedures relating to mediation, and other procedures of dispute resolution as per the local law. 50. Written information to be provided: The final decision of the dispute by the judicial committee should be provided to the concerned sides within thirty-five days of the decision made, including a certified copy of the decision.
51. Right to appeal: Any party not satisfied with the decision of the judicial committee may appeal to the concerned District Court within ninety days of the date of the decision.
52. Enforcement of mediation or decisions: (1) The Executive shall at once execute or cause to execute the mediation or decision by the judicial committee. (2) Other provisions related to the enforcement of the mediation or decision by the judicial committee shall be as per the local law.