QUASI JUDICIAL

BODIES AND Unit 5

ADMINISTRATIVE
TRIBUNALS
 HOW ADMINISTRATIVE
TRIBUNAL DIFFER FROM
QUASI
AdministrativeJUDICIAL
Tribunals are createdBODY
by statues
Administrative Tribunals are not adhered by strict rules of
evidence and procedure
Three members, a Chairperson and other judicial members
Expertized group of decision maker
Limited scope
Perform judicial function
Formed to deal with specific matters
Can exercise jurisdiction over defamation
 DEVELOPMENT OF QUASI JUDICIAL BODIES AND TRIBUNALS IN NEPAL

The practice of local justice dispensation, however, is not new for Nepal
Contained the chapter in Muluki Ain 1910 B.S.(Page 110- ‘Adaalat Firadiko’ and
‘Adaalat ra Amaali ko Jhagara’.
In early times, the administrative bodies like Amal Kot, Panchabhaladmi, Amaali,
etc. were given the judicial authority
Apart from this, the decisions given by trial courts through ‘Dittha’ or ‘Bichari’
were subjected to an appeal at ‘Badahakim’.
Before 2017B.S., the administrative bodies like Maal, Bajar, Rakam Bandobasta,
Kumari Chowk and Goshwara possessed judicial authority
After the 1990 Constitution and the subsequent Local Self Governance Act(LGOA)
1999, there were local agencies recognized as quasi judicial bodies and the practice
of community mediation, too, gained ground. In recent time, quasi judicial bodies
QUASI JUDICIAL BODIES
Quasi Judicial Bodies are entities such as an arbitrator or tribunal
board, generally of a public administration agency, which has
power resembling those of a court of law or judge, and which
objectively determine facts and draw conclusions from them so as
to provide the basis of an official action. Such actions are able to
remedy a situation or impose legal penalties and may affect the
legal rights, duties, or privileges of specific parties.
The concept of quasi judicial implies that the act is not wholly
judicial. It describes only a duty cost on the executive body or
authority to conform to forms of judicial procedure in performing
some acts in exercise of its executive power. The quasi may
indicate that it is not acting purely administratively or that it is
acting in a manner in which the judicial tribunal is expecting to act.
 ADVANTAGES AND
DISADVANTAGES OF QUASI
JUDICIAL BODIES
Advantages: Disadvantages:
oLow cost Unnecessary monetary claims
oSimplicity Lack of smooth performance
oQuick settlement Unfair and imbalanced services

oExpert knowledge Most of the decisions are challenged

oReduction of work load Understaffed and burdened
 PROCEDURES OF QUASI
JUDICIAL BODIES
1. After the case is registered by a party, the notice(Myad) is send to the other
party. If the other party is outside the country at that time, he/she is given 30 days
of time to be present at the office, otherwise 15 days for the party who is inside
the country. There must be included the description of the case in that notice.
Normally, the extra term is not granted in quasi judicial bodies, until and unless
he/she prove it. If proved, then extra 7 days is granted for his/her presence. If the
case run for more than one year, then every year he will be privileged with 7
days.
The judicial bodies should settle the case within the term provided by the
government. If not, should request with reasonable ground for the extra term and
accordingly, the government may extend the term not exceeding for 6 months.
And it may repeat through same process.
2. The authority should grant both the parties, the opportunity to adduce
witnesses and other evidences.
3. The authority, if necessary, may investigate and may ask parties for further
evidences.
4. In case of criminal offences, if the party did not present within time, the
authority may issue arrest warrant. If could not arrest within 7 days of issuance
of arrest warrant, then can issue extra 30 days of time.
5. The authority may not take the party, said involved in the crime, into
custody after interrogation. But later on if necessary, may issue the 7 days
notice to present.
6. The authority shall search and seize any evidential document or any object
those may relate to the case, but in presence of Sub Inspector.
 QUASI JUDICIAL BODIES IN
NEPAL
Some Quasi Judicial Bodies in Nepal are:
Municipality
Land Administration(Office of Land Revenue);
Home Affairs Administration(Chief District Office);
Office of Land Reform(Guthi Corporation);
Forest Administration(National Park and Wildlife Preservation Office);
Labor Administration(Labor and Employment Promotion department);
Local Bodies Administration
 JUDICIAL COMMITTEE
The Constitution mandates the establishment of one judicial committee in each of the
country’s 753 municipalities and rural municipalities
Headed by deputy mayor at the municipal level and deputy chairperson at the rural
municipality, as per Article 217 of Constitution of Nepal, the three-member
committee has the mandate to adjudicate, arbitrate and refer cases for mediation at the
local level based on their jurisdiction.
Similarly, Article 217(2) provides for the election of the other two members of the
judicial committees from within the village and municipal assemblies.
As per Section 47(1) of Local Governance Operation Act, 2074(LGOA), judicial
committees have been empowered to settle disputes related to 13 specific matters.
Likewise, as per Section 47(2) in 11 other matters, judicial committees has the right to
refer cases for mediation.
The decision can be appealed to district court and subsequently be appealed to higher
courts. In case of arbitration, judicial committees collectively exercise its jurisdiction,
 LAND ADMINISTRATION (OFFICE OF LAND REVENUE)
Land Revenue Act, 2034(1978)
‘Land Revenue’ means the land revenue and any other revenue similar thereto required
to be paid by a land owner to Government of Nepal pursuant to the prevailing Nepal
Law, and it also includes any fee(penalty) payable for non- payment of the land revenue
within the time-limit
Recovery of arrears from Jimidar
Punishment for causing obstruction and hindrance in recovering and collecting land
revenue
Punishment to a person who register or cultivates governmental or public land
Punishment to a person who submits false details
Punishment to a person who cultivates land without approval
While taking actions, the in-charge of the Land Office Revenue shall have such powers
 HOME AFFAIRS ADMINISTRATION(CHIEF DISTRICT OFFICE)

The District Administration Office is a general administration of government in

each district of Nepal
The Local Administration Act, 2028(1971)-Section 5
The Chief District Officer(the most powerful position in Nepalese
administrative service) is responsible for proper inspection of all the
departments in a district such as health, education, security and all other
government offices
Can mobilize security forces and take other actions like imposing ‘curfew’
order, fixing restricted area, arresting anyone according to law, hearing some
cases as a quasi-judicial body
Enjoy the authorities provided by more than 90 prevailing acts like; Power of
the CDO to search, seize under Arms and Ammunition Act, 2019; Radio Act,
2014
 OFFICE OF LAND REFORM
Land Rules, 2021(1964)
District Land Reform Office
Collect the record(lagat) of the landowner and tenant cultivating the land of
the area under any village Development Committee or Municipality
Notice to be given by posting in such a place that can be seen by all or also by
any other means
After issuing notice, concerned landowner, tenant, adjacent landowner
(Sandhiyar), agent or representatives shall present
Evidences are examined before any decision are made in particular subject
matter like; partition of the portion of landowner or tenant
 GUTHI CORPORATION

The Guthi Corporation Act, 2033

Guthi Corporation has been established to operate the state trusts in a
systematic manner
Shall take actions and punish the persons who:
Who forcibly occupies any house or land belonging to the Corporation or
nay temple, inn or shelter without permission of the Corporation
Who does not furnish statement or pay land revenue
Who registers Guthi land as Raikar
Who misappropriate ornaments other properties offered to God, Goddess
Who does not perform his/her religious duty
FOREST ADMINISTRATION(NATIONAL PARK AND WILDLIFE
PRESERVATION OFFICE)

National Parks and Wildlife Preservation Act, 2029(1974) and

Rules, 2030(1974)
Hunting Rules, 2026
Warden is the officer of the Government of Nepal having major
responsibility of administration of a National Park or reserves
Needed ‘License’ or ‘Permit’ for any kind of hunting
The warden shall have the power to adjudicate the cases of the
offences under the rules. And for other territory, it shall have to the
concerned District Forest Controller
 LABOR ADMINISTRATION(LABOR AND
EMPLOYMENT PROMOTION DEPARTMENT)
New Labor Act, 2074(Previous Labor Act, 2048)
Labor and Employment Policy 2062
Provisions relating to Labor Court in Chapter-22 of Labor Act, 2074
There are provisions for Complaints, Punishment and Appeals in Chapter-23 of
Labor Act, 2074. According to which: The Department, after conducting necessary
inquiry into the complaint, may impose fine, take a departmental action carry out
necessary work for the settlement of dispute relating to remuneration and benefits
to be provided to workers, arises between a labor provider and a main employer,
etc.
Section-165: Any person dissatisfied with the order or decision given by the
Department or Office under this Act or the rules made under this Act may file an
application for appeal in the Labor Court within 35 days of such decision.
 ADMINISTRATIVE TRIBUNALS

Bodies outside the hierarchy of the courts dealing with specialized matters,
valuable claims and matters involving the exercise of a discretion
In pursuance of administrative law, there can arise disputes. These disputes
require adjudication. There are administrative agencies other than the courts to
adjudicate such issues arising in the course of day to day administration
The ordinary courts do not have the technical expertise and it becomes quite
dilatory and costly to dispense with cases of administrative nature
According to Servai, ‘The development of administrative law in a welfare state
has made administrative tribunals a necessity’.
The Administrative tribunals may be more appropriately defined as especially
constituted authorities established by law to settle the disputes between the
citizen and administration
Characteristics:
Administrative Tribunals are the creation of a statute and thus have statutory origin
They have some trappings of a court
They are entrusted with the judicial powers of the State and, thus, perform judicial
and quasi-judicial functions, as distinguished from pure administrative or executive
functions
They are independent and are not subject to any administrative interference in the
discharge of their judicial or quasi-judicial functions
They are not bound by strict rules of evidence and procedure
Tribunals are not against the court but only a supplement to the court
Elements:
Appointments
Status of Office of Tribunal Judiciary
Evidence and Procedures
Legal representation
Decision
Appeal
Advantages Disadvantages
Flexibility Negation of Rule of Law
Adequate justice No set procedures
Less expensive Do not follow any precedents
Headed by experts Experts may not have legal background
Relief to Courts
Establishment and formation of Tribunal in Nepal
Article-152 of The Constitution of Nepal 2072
Established under respected Acts. Such as: Revenue Tribunal under Revenue
Tribunal Act, 2031; Debt Recovery Tribunal under The Act on Recovery of
Debts of Banks and Financial Institutions, 2058; etc.
The area and headquarters of each tribunal shall be as specified by the
Government of Nepal from time to time, by a notification in the Nepal Gazette
Shall consists three members among which:
1. Law member
2. Expert of particular sector(eg: revenue member; bank member; IT member)
3. Account member
Qualification for being a member:
1. For the Law member: one who is incumbent or is qualified to become a judge
of the District Court and for Appeal Tribunal one who is incumbent or is
qualified to become a judge of the High Court
2. For the expert member: at least bachelor’s degree and has gained at least
seven years of experience in the related field
3. For the account member: at least bachelor’s degree in management and
gained (3/7/10 years) experience in the related field
Tenure of five years
 TYPES OF TRIBUNALS IN
NEPAL
Revenue Tribunal
Debt Recovery Tribunal and Appeal Tribunal
Foreign Employment Tribunal
Information Technology Tribunal and Appeal Tribunal
Other Types of Courts:
Administrative Court
Labor Court
Special Court
 REVENUE TRIBUNAL
Revenue Tribunal, under the Revenue Tribunal Act, 2031(1974) hear appeals of
decisions of district level customs, income tax, and value added tax offices.
Each three-member tribunal comprises members from three different disciplines: law,
taxation, and accounts.
The law member chairs the tribunal, and is chosen on the recommendation of the
Judicial Council from among currently serving judges on the Court of Appeals.
 The tribunals reverse or partly reverse a large number of cases in a year, possibly due
in part to the failure of revenue officers to follow norms or standards when calculating
taxable income. Revenue officials levy taxes to meet annual revenue targets
irrespective of whether their decisions will stand on appeal. In this condition, cases are
sent back to the respective revenue offices for disposition by an ad hoc tax clearance
commission — where payables can be negotiated, something that cannot be done at
the tribunals.
Appeals from the tribunals can be made to the Debt Recovery Appellate Tribunal
Normally, decision of the tribunal is final, but may be appealed to the Supreme Court
only if the Supreme Court permits it to appeal to itself as there is a direct legal error in
any of the following questions:
1. Question of jurisdiction,
2. Question of having not examined the evidence that should have been examined or
having examined the evidence that should not have been examined,
3. Question of the violation of the procedural law that must be followed,
4. Questions of serious legal errors.
Contempt of Tribunal
Power to inspect and direct
 DEBT RECOVERY TRIBUNAL AND APPEAL TRIBUNAL

The Banks and Financial Institutions face problems in recovery of loans advanced
by them to individual people or business entities.
So, Debt Recovery Tribunals have been developed as an effective system to recover
the money from borrowers
DRTs handle the cases in relation to disputed loans above Rs.5 lakhs
Debt Recovery Appellate Tribunals deals with the appeal against the order passed
by the DRTs
Recovery of Debts of Banks and Financial Institution Act, 2058(2002)
Cooperatives Act, 2075-Section 82(Debt Recovery Tribunal for cooperative sector)
Each three-member tribunal comprises members from three different disciplines:
law, banking, and accounts.
Recovery of Debts of Banks and Financial Institution Act, 2058(2002)
Section-14: Functions, duties and jurisdiction
Section-15: Filing a petition with tribunal
Section-17: Period for trying and settling cases
Section-19: Appeal
Chapter-4: Procedures of debt recovery
FOREIGN EMPLOYMENT TRIBUNAL
Foreign Employment Act, 2064: Chapter-11, Section-64
For originally trying and settling cases other than those punishable by
the Department
Three-member tribunal comprises chairpersonship of the Judge of
Appellate Court, case trying authority of the labor Court and the First
Class Officer of Judicial Service recommended by the Judicial Service
Commission with tenure of four years
The cases to be filed under this Act shall be tried and settled in
accordance with the Summary Procedures Act, 2028(1971)
A party who is not satisfied with a decision made by the Foreign
Employment Tribunal may make an appeal to the Supreme Court
within 35 days of such decision
 INFORMATION TECHNOLOGY TRIBUNAL
AND APPEAL TRIBUNAL
The Electronic Transaction Act, 2063(2008): For controlling the acts of
unauthorized use of electronic records or of making alternation in such records
through the illegal manner
Provisions Relating to Information Technology Tribunal: Chapter-10
Provisions Relating to Information Technology Appellate Tribunal: Chapter-11
Government of Nepal, in order to initiate the proceedings and adjudicate the
offences concerning computer, shall constitute:
Each three-member tribunal comprises members from three different disciplines:
Law, IT, and Accounts/Management.
 ADMINISTRATIVE COURT
The Administrative Court is responsible for hearing cases related to the transfer,
promotion and dismissal/departmental punishment of civil servants(defined in
Section -2(c) )
Hearing of those cases(prior to the enactment of the Administrative Courts Act,
2076) which were running at the Administrative Court constituted under Civil
Service Act 2049, Section-69(has been Dismissed)
Administrative Court Rules 2051, Section-3
Administrative Courts Act 2076
To reduce the number of appeals to the Supreme Court, the jurisdiction of
Administrative Court has been expanded in the latest Act
Formation of the Court: Section-3
Chairperson: Who is or eligible to be the judge of High Court or from amongst the
officials who have worked as a Gazette Special Class Officer in judicial service
recommended by Judicial Council and appointed or nominated by the Government of
Nepal,
Member: a law graduate nominated by the Government of Nepal with at least twenty
years of experience in the field and justice or a person retired as a Gazette Special Class
Officer of Judicial Service, and
Member: a person retired as a Gazette Special Class Officer or a person who has
completed bachelor’s degree and has at least have twenty years of experience in the
field of Public Administration nominated by Government of Nepal
Jurisdiction of the Court: Section-7,9
Provisions related to Appeal: Section-12,13
Ground for Appeal to Supreme Court: Section-16
Contempt of Court: Section-19
 LABOR COURT
Formation of Labour Court under Labor Act, 2074: Chapter-22, Section-151
Governmental judiciary body responsible for hearing cases related to the labor or
employment related matters and disputes
The Labor Court shall consist of one chairperson and two members: Any sitting judge of
the High Court or any person having the qualification of becoming a judge of the High
Court shall be qualified to be the chairperson or member of the labor Court
Powers of Labour Court: Section-153:
1. To examine witness, evidence,
2. To take the defendant’s statement equal to the note of defense, as per necessity,
3. To order any party who is not made party or opponent in the case, on the basis of
application by such party or of the nature of the case, to appear in the course of
hearing, and set as a party to a case if so required,
4. To inspect any place or workplace related to the dispute,
5. If the application made by any party to the case submitting that it is necessary to
defer the case until any case sub-judice in the Labour Court is finally settled or to
continue the same appears to be reasonable, notwithstanding the state of the case, to
issue an interlocutory order to any party to the case to stop any act for a certain time or
give continuity to any act being carried out, with or without fixing a period,
6. To uphold, without or alter any direction, decision or order given by the Office or the
employer,
7. The Labour Court shall, in holding the proceeding of and adjudicating the case, have
the powers as mentioned in the case of the matters set forth in this Act or the rules
framed under this Act, and the same powers as the District Court may exercise, in the
case of the other matters.
Contempt of Court: Section-154
Power to demand bank guarantee or deposit: Section-155
Power to order payment of interest: Section-156
High Court to perform functions of Labour Court: Section-158
To forward the matter to the body having jurisdiction: Section-159
Appeal to the Supreme Court: Section-161
 SPECIAL COURT
Special Court Act, 2059
The Government of Nepal may constitute Special Court, in order to accomplish the
trial and decision of the special types of cases in a expeditious, prompt and effective
manner. Also hear cases of corruption, money laundering and crime against the state
Crime Against State and Punishment Act, 2046
Commission for the Investigation of Abuse of Authority Act, 2048
The Prevention of Corruption Act, 2059
Money Laundering Prevention Act, 2063
The Government of Nepal, in consultation with the Judicial Council, will appoint
the chairperson and members of the Special Court formed accordingly from among
the judges of the High Court: Section-3
Cases may be increased or decreased: Section-4
Jurisdiction: Section-6
Power: Section-7
Contempt: Section-14
Appeal: Section-17
 JUDICIAL REVIEW
The process whereby courts exercise control over the findings of fact and interpretations of
law by governmental agencies
Judiciary should not view Judicial Review as it’s right to keep check on other organ of
government but should also remember it as one of the most important duty that it is called
upon
Article-133 of The Constitution of Nepal 2072
Grounds for Judicial Review:
(a) Illegality, (b) Irrationality, and (c) Procedural Impropriety.
Judicial Review allows parties to challenge:
Rulemaking actions
Adjudicatory decisions
Violation of fundamental rights
Violation of principle of natural justice
 ADMINISTRATIVE ADJUDICATION
It is always a matter of making reasonable adjustments between the two competing
claims. So the claims of the interests of the general public have to be weighed and
balanced against the claims of the individual citizen in regard to his/her fundamental
rights
A legal ruling or judgment, usually final, but can also refer to the process of settling
a legal case or claim through the court or justice system
Forms of Administrative Adjudication:
1. Voluntary Adjudication
2. Compulsory Adjudication
 CONTROL OVER
ADMINISTRATIVE
ADJUDICATION
1. Misuse of Jurisdiction or Principle of Ultra-vires
a. Substantive or excess of power ultra-vires
b. Errors of Procedure or Procedural ultra-vires
2. Lack of Jurisdiction
c. Error in the formation of authority
d. Subject matter is out of Jurisdiction
e. Parent Act, conferring the Jurisdiction to the authority, contradict with Constitution
f. Wrong determination of the preliminary facts
g. Use of jurisdiction in against the norms of the Act
h. Encroachment of the Jurisdiction
3. Decline of Jurisdiction
a. To work under other’s dictation or direction
b. To delegate own power or authority
c. Failure in exercising the power
4. Avoid of Principle of Natural Justice
d. No one should be judge in his own case
e. No one should be condemned unheard
5. Determination of Preliminary and Collateral or Secondary Questions
f. Fact in issue
g. Relevant facts
6. Determination of Question of Fact