Organizational Structure of the Ministry

This Ministry has six Divisions- such as Drafting Divisions (A) and (B), International Law and Treaties Division, Opinion and Administration Division, Planning, Research, Monitoring, Human Rights and Legal Aid Division and Parliamentary Affairs, Judgement Execution and Mutual Legal Assistance Division in order to systematically or effectively perform business of this Ministry.

This Ministry has total forty seven positions at the officer level, consisting of one Secretary of the Gazetted Special Class, six Joint Secretaries of Gazetted First Class, sixteen Under Secretaries of the Gazetted Second Class, twenty-three Section Officers of Gazetted Third Class from the Nepal Judicial Service, Law Group; and one Account officer and one Section officer of Gazetted Third Class from the Nepal Administration Service, Account Group and General Administration Group respectively. In addition to this, there are thirty-nine positions of the Non-Gazetted level and twenty-two classless positions. The positions in the Ministry are ninety-eight altogether.

 

  1. Drafting Divisions (A) and (B)
  • To conduct research and study as to whether new law is necessary for the State in connection with implementation of public policies and to refer to the Secretary upon examining the file received for consent in principle for new Act, if any, to be enacted.
  • To refer to the Secretary for decision upon examining and formulating a draft of Bill, Ordinance, Rules and Formation Order.
  • To render opinions to the concerned Ministry on the Act (Bill), Ordinances, Rules and Formation (Executive) Orders.
  • To carry on, or cause to be carried on, the acts relating to unification and codification of laws.
  • To present Government’s view on Government and Private members’ Bills before the Legislature Parliament.
  • To supervise the subordinate officers and allocate the business among them.
  • To formulate draft of model laws necessary for the states and local levels.

 

  1. International Laws and Treaties Division
  • To refer to the Secretary along with its opinion upon examining drafts of treaties and agreements to which Nepal or the Government of Nepal is to become a party.
  • To refer its opinion to the Secretary for legal opinion to be forwarded to the international financial institutions upon examining as to whether necessary conditions precedent are met to make effective the loan agreements concluded with them.
  • To refer its opinions to the Secretary on the matters including international legal obligations to be borne by Nepal taking into consideration the need and rationale of international treaties and agreements in the Nepali perspective prior to obtaining authorization for conclusion of the treaties and agreements and acquisition of membership of an international or intergovernmental organizations.
  • To prepare, and render opinions on, the Initial and Periodic Reports to be submitted by the Government of Nepal under the International Human Rights Instruments to which Nepal is a party.
  • To cause to be published the treaties and agreements to which Nepal is a partyin the Nepal Gazette.
  • To maintain the records of the original copies as the central archives of treaties and agreements to which Nepal is a party.
  • To represent the Government of Nepal in all proceedings including negotiations to be held at various stages in the course of conclusion of treaties and agreements to which Nepal or the Government of Nepal is to become a party.
  • To publish, or cause to be published, treaty series.
  • To supervise the subordinate staffs.

 

  1. Opinion and Administration Division

 

  • To refer the statement of defense to the Secretary upon examining and revising the statement on the writ petitions filed against the Minister for Law, Justice and Parliamentary Affairs and the Ministry.
  • To refer its legal opinion to the Secretary on the matters where opinion is sought on any type of legal difficulties and confusion arisen in the course of implementation of the laws.
  • To carry on acts relating to operation of the Nepal Judicial Service excluding the Government Attorney Group.
  • To maintain coordination among Divisions, Sections and agencies under this Ministry.
  • To manage, or cause to be managed, internal and financial administration of the Ministry.
  • To formulate annual budget of the Ministry and to perform, or cause to be performed, other acts relating to budget.
  • To supervise the subordinate staffs.

 

  1. Planning, Research, Monitoring, Human Rights and Legal Aid Division
  • To prioritize studies and research to be conducted in the field of law and justice, and conduct, to cause to be conducted such research and studies.
  • To formulate periodic and annual plans and implement the approved plans.
  • To carry out the acts relating to human resource development.
  1. Parliamentary Affairs, Judgment Execution and Mutual Legal Assistance Division
  • To carry out the procedural acts relating to summoning and prorogation of the sessions of the Federal Parliament, and dissolution of the House of Representatives.
  • To formulate policies, plans and programs relating to the Federal Parliament and refer to the Secretary.
  • To act as a liaison Ministry to introduce the Government and Private Member Bills in the Federal Parliament.
  • To carry out acts relating to Inter–parliamentary Union.
  • To carry out necessary acts relating to implementation of Government’s assurances and parliamentary strictures.
  • To cause to be kept record of officials of the Federal Parliament participating in seminars, conferences and study tour.
  • To cause to be kept records of activities of the Federal Parliament.
  • To cause to be kept records on operation of service of staffs of the Federal Parliament and on remunerations and facilities of the office-bearers of the Federal Parliament.
  • To carryout necessary acts on introduction Bills to amend the constitution, procedures on passage of Bill of constitution and on memorandum received.
  • To keep records of the business of the meetings of the Federal Parliament.
  • To supervise the subordinate staffs.