1. Short Title And Commencement
(1) This Order may be called as “Haleshi Mahadevsthan Development Board (Formation) Order, 2053 B.S. (1997 A.D.)”.
(2) It shall come into force immediately.
2. Definitions
Unless the subject or context otherwise requires, in this Order,-
(a) “Board” means the Haleshi Mahadevsthan Development Board Constituted pursuant to Section 3.
(b) “Haleshi Mahadevsthan” means the whole wards included Haleshi Mahadevsthan Village Development Committee within the Khotang district.
(c) “Chairperson” means the Chairperson of the Board.
(d) “Member” means a member of the Board and this term also denotes the Chairperson and the Member-Secretary.
(e) “Executive Director” means the Executive Director appointed pursuant to Section 6.
(f) “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules made under this Order.
3. Formation Of The Budhanilkantha Area Development Board
(1) A Board called the Haleshi Mahadevsthan Development Board shall be formed for the social, economic, religious and cultural development of the Haleshi Mahadevsthan .
(2) The Board constituted under Sub-section (1) shall consist of the following Members:-
(a) A person designated by Government of Nepal – Chairperson
(b) Five persons nominated by Government of Nepal from among the persons of the Haleshi Mahadevsthan dedicated to social service, religious, cultural and economic development person related to the Haleshi Mahadevsthan – Members
(c) Members of the House of Representatives from 1 Khotang District.
(d) Chairperson, Khotang District Development Committee – Member
(e) Chief District Officer, District Administration Office Khotang – Member (f) Chairperson, Haleshi Mahadevsthan Village Development Committee – Member
(g) Concerned Member of Regional, District Development Committee Khotang – Member
(h) Representative, Ministry of Youth Sport and Culture – Member
(i) Chief, Land Revenue Office, Khotang – Member
(j) The Executive Director – Member Secretary
(3) The tenure of office of the Chairperson and the nominated Members shall be of Four years, and they may be eligible for renomination. (4) Government of Nepal may, if it deems necessary, introduce necessary alteration or changes in the Members of the Board by a Notification published in the Nepal Gazette.
(5) The Board may, as required, invite other national or alien personalities to participate in the meetings of the Board as an observer.
4. Functions, Duties And Powers Of The Board
The functions, duties and powers of the Board shall be as follows:-
(a) To approve and implement and cause to implement the plans and programmes relating to the Haleshi Mahadevsthan.
(b) To have contacts and coordination with foreign Governments, national or international associations or organisations, persons etc. in order to implement plans and programmes concerning the development of the Haleshi Mahadevsthan.
(c) To protect, promote and reconstruction or cause to reconstruction cultural, religious, and archaeological importance and place relating to the Haleshi Mahadevsthan directly or
indirectly.
(d) To collect and protect or cause to protection inscription, copperplate, hand written and printing goods relating to the Haleshi Mahadevsthan.
(e) To manage school, college, health centre, bridge, cannel, road, water, electricity, telephone, public toilet, temple including other things of Haleshi Mahadevsthan..
(f) To create necessary environment for develop and protect tourism business of Haleshi Mahadevsthan.
(g) To preserve and protect the natural resources, environment relating to Haleshi Mahadevsthan.
(h) To organize cultural and educational importance meetings, conferences, symposiums or exhibitions in Haleshi Mahadevsthan time to time.
(i) To conduct or cause to investigations, protect, promote the monastery, temple, cave, goods relating to cultural archeological importance goods of Dhitung, Arkhale, Chyasimtar, Badare, Mangaltar including the Haleshi Mahadevsthan
(j) Taking into consideration the importance, cultural value and sensitivity of any particular place in the Haleshi Mahadevsthan, to specify and control the activities unworthy of doing in such places.
(k) To conduct and cause to conduct other activities for the fulfillment of the objectives of the Board as per this Order.
5. Procedure Relating To The Meeting Of The Board
(1) The meeting of the Board shall be held at least four times in a year.
(2) The meeting of the Board shall take place at a date, time and venue prescribed by the Chairperson, and all the Members shall have to be notified of the meeting at least Fifteen days in advance.
(3) The Chairperson shall preside over the meeting of the Board and at the time of his/her absence someone selected by the Members of the Board from among themselves shall preside over the meeting.
(4) The quorum for a meeting shall be deemed to be completed if Fifty percent of the total numbers of the Members of the Board are present.
(5) The opinion of the majority shall be binding in the meeting and in the event of the votes being evenly divided the Chairperson shall exercise a casting vote.
(6) The decision of the meeting shall be authenticated by the Member-secretary.
(7) The other procedures relating to the meeting of the Board shall be as decided upon by the Board itself.
6. Executive Director
(1) Government of Nepal may appoint an Executive Director to act as the administrative chief of the Board.
(2) The tenure of office of the Executive Director shall be of Four years.
(3) Notwithstanding anything contained in Sub-section (2), Government of Nepal may, if it deems necessary, remove the Executive Director from his/her post prior to the expiry of his/her tenure of office.
(4) The remuneration, terms and conditions of service and facilities of the Executive Director shall be, subject to the approval of Government of Nepal, as prescribed by the Board.
7. Employees Of The Board
(1) The Board may appoint employees of the Board as required.
(2) The remunerations, terms and conditions of the service and facilities of the employees of the Board shall be as prescribed.
8. Fund Of The Board
(1) There shall be a separate fund of the Board and the following amounts shall be deposited in the fund :-
(a) The amounts received from Government of Nepal.
(b) The amounts given by anybody or any organisation as donation or assistance.
(c) The amounts received from international associations or organisations, foreign Governments or persons.
(d) Any amount to be received for any service made available by the Board.
(e) Any grants received by the Board from the concerned Village Development Committee, District Development Committee or any other bodies.
(f) Amounts received from other sources.
(2) The Board shall have to obtain approval from Government of Nepal prior to receiving the amounts under Clause (c) of Sub-section (1).
(3) The amounts to be kept in the fund of the Board shall have to be deposited in an account opened in any bank of Nepal.
(4) All the expenses to be incurred in the name of the Board shall be borne from the fund pursuant to Sub-section (1).
(5) The accounts of the Board shall be operated by the Chairperson or a Member specified by him/her.
9. Accounts And Audit
(1) Accounts of the income and expenditure of the Board shall have to be maintained in accordance with the prevalent law.
(2) The accounts of the Board shall be audited by the Department of the Auditor General or an auditor appointed by that Department.
(3) Government of Nepal may inspect or cause to inspect the accounts of the income and expenditure of the Board, the documents related thereof and other cash and kinds at any time.
10. Sub-committee Or Task Force Team May Be Constituted
(1) In order to discharge or cause to discharge its functions under this Order and the Rules framed under this Order, the Board may constitute Subcommittee or task force as per the necessity.
(2) The functions, duties, powers and procedures of the subcommittee or task force to be constituted pursuant to Sub-section (1) shall be as prescribed by the Board.
11. Allowances For The Meeting And Other Facilities
The Members shall get allowances for the meetings and the facilities as prescribed.
12. Delegation Of Power
The Board may delegate, as required, some of its powers or all powers to the Chairperson, Members, the MemberSecretary or any other employee of the officer level.
13. Liaison With Government Of Nepal
The Ministry of Youth, Sports and Cultural Affairs shall liaison the board with the Government of Nepal.
14. Office Of The Board
The Head Office of the Board shall be located at Mahadevsthan Village Development Committee of Khotang District and there may be set up, as required, liaison offices at other places, too.
15. Power To Frame Rules
The Board may frame necessary Rules in order to fulfill the objectives of this Order, and such Rules shall come into force only after being approved by Government of Nepal.