1. Short Title And Commencement
(1) This Order may be called as “Pathibhara Area Development Board (Constitution) Order, 2053 B.S. (1997 A.D.)”.
(2) It shall come into force immediately.
Unless the subject or context otherwise requires, in this Order,-
(a) “Board” means the Pathibhara Area Development Board Constituted pursuant to Section 3.
(b) “Pathibhara Area” means the following areas:-
(1) Whole area of ward No. 6 of Fungling Village Development Committee (VDC) of Taplejung District.
(2) Whole area of ward No. 1 of Hangdewa Village Development Committee (VDC) of Taplejung District.
(3) Whole area of ward No. 1 and 9 of Furung Village Development Committee (VDC) of Taplejung District.
(4) Whole area of ward No. 4 of Fawa Khola Village Development Committee (VDC) of Taplejung District.
(5) Whole area of ward No. 6 of TiringgeVillage Development Committee (VDC) of Taplejung District.
(6) Whole area of ward No. 6 of Lingkhim Village Development Committee (VDC) of Taplejung 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 Pathibhara Area Development Board
(1) A Board called the Pathibhara Area Development Board shall be formed for the social, economic, religious and cultural development of the Pathibhara Area.
(2) The Board constituted under Sub-section (1) shall consist of the following Members:-
(a) A person appointed by Government of Nepal – Chairperson
(b) Members of the House of Representatives, Taplejung District. -Member
(c) President, Taplejung District Development Committee – Members
(d) Chairperson, Fangling Village Development Committee – Members
(e) Chairperson, Fangdewa Village Development Committee – Members
(f) Chairperson, LingkhimVillage Development Committee – Members
(g) Chairperson, Fawakhola Village Development Committee – Members
(h) Chairperson, Furungmbu Village Development Committee – Members
(i) Chairperson, Tiringge Village Development Committee – Members
(j) Chief District Officer, District Administration Office President, Taplejung -Member
(k) Chief, Land Revenue Office of Taplejung -Member
(l) Chief, District Building Office of Taplejung -Member
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 Pathibhara Area.
(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 Pathibhara Area.
© To conduct investigations and researches of the social, economic, religious, cultural and archaeological aspects relating to Pathibhara Area or similar type of ancient places and materials having the historical value, and to maintain its records.
(d) To approve necessary program of tourism development which shall be suitable for within the place of Pathibhara Area
(e) Taking into consideration the importance, cultural value and sensitivity of any particular place in the Pathibhara Area, to specify and control the activities unworthy of doing in such places.
(f) To protect natural heritage in the Pathibhara Area and to maintain environmental balance.
(g) To manage school, college, health centre, bridge, electricity , telephone, road and like as useful public means within the Pathibhara Area, and to be kept cleanness without dirtiness and to conduct programs with coordination among Government offices, local bodies and non-governmental institutions
(h) In order to highlight the significance of the Pathibhara Area, to organise meetings, conferences, symposiums or exhibitions at the national and international levels.
(i) To conduct construction and maintenance works of Pathibhara Area in systematic way with the planned development.
(j) To maintain coordination among the bodies involved in the development and construction works to be conducted by the Government, non-Government and private sectors within the Pathibhara Area.
(k) To declare secured place of archaeological importance place.
(l) 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 quorum for a meeting shall be deemed to be completed if Fifty percent of the total number of the Members of the Board is present.
(4) 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.
(5) The decision of the meeting shall be authenticated by the member-Secretary.
(6) 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.
(7) The other procedures relating to the meeting of the Board shall be as decided upon by the Board itself
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 Taplejung District Development Committee or Village Development Committee.
(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 secretary member and 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 prevailing laws.
(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 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 Sub-committee 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 Fungling Village Development Committee of Taplejung 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.