6 November, 2021
JuRI Nepal conducted research on Association Registration (Lumbini Province)-2075, the law introduced to regulate non-governmental organizations, and provided feedback to the provincial government on how to address the concerns raised by the non-governmental sector. A group of legal and administrative experts have completed the research by applying comparative and analytical methods.
Nepal’s constitution, federal association registration law, UN convention, commitments made by the Government of Nepal in international platforms and other international laws were reviewed before submitting the report to the authorities concerned. After reviewing provisions of association registration, the expert team has suggested the government consult with the stakeholders concerned and amend it for effective implementation.
Even as most provisions of provincial associations registrations acts are similar to federal associations registrations act some are not. The provincial law has a provision of merging the organizations as an association, establishing a separate administrative body to regulate organizations and re-register associations with districts if the organization is willing to work in a district other than the district it was registered in. Further, it has the provision of a non-governmental organization registered with the local government. The act has empowered organization registration officers to take action if any organization is found acting against stated legal provision. In case the organization feels injustice the case against the penalty can be appealed at district court.
Likewise, the provincial law has provisions of endorsing the non-governmental organization’s policies and programs, budgets and submits progress report once work is done, empower social development ministry and local government as nodal agency for handling non-governmental organizations and register properties of organizations in the name of provincial or local government in case the organization is dissolved.
The study team has proposed to enlist organizations and allow them to work without re-registration if any organization registered in a different province wants to work in another province or local government.
The provincial government is also suggested to classify organizations based on their working areas to ease monitoring and evaluation and relax provision of registration at multiple places for effective implementation of provincial association registration act. Please click here for the full text in Nepali.