Government of Nepal (Allocation of Business) Rules, 2074 and Transaction of Business

The work of the Government of Nepal is huge: security, finance, health, education, roads, foreign affairs and much more. To avoid confusion and overlap, this work is divided among ministries by the Government of Nepal (Allocation of Business) Rules, 2074 (नेपाल सरकार (कार्यविभाजन) नियमावली, २०७४).

1. Constitutional basis

• Article 82 of the Constitution: the allocation and transaction of business of the Government of Nepal shall be done according to rules approved by the Government of Nepal.
• So the Council of Ministers makes two main sets of rules:
• Allocation of Business Rules (कार्यविभाजन नियमावली): which ministry does what.
• Transaction of Business Rules (कार्यसम्पादन नियमावली): how the work is done, for example how proposals go to the Council of Ministers and how decisions are authenticated.

2. Purpose of the Allocation of Business Rules

• Divide government work clearly among the Office of the Prime Minister and Council of Ministers (OPMCM) and the ministries.
• Avoid duplication and conflict of jurisdiction between ministries.
• Fix responsibility and accountability for each subject.
• Help citizens and offices know which ministry handles which matter.
• Support coordination and efficient decision-making.

3. Main contents

• A schedule lists the OPMCM and each ministry with the subjects of business it handles (for example, the Ministry of Finance handles revenue, budget and public expenditure; MoFAGA handles civil service and coordination with provinces and local levels).
• Each ministry handles the departments, offices, boards and corporations related to its subjects.
• Subjects not clearly listed, or disputes over which ministry should handle a matter, are decided by the Prime Minister (through OPMCM).
• The rules are amended whenever ministries are created, merged or renamed, so the number of ministries changes over time.

4. Transaction of Business Rules: main points

• Proposals needing a Cabinet decision are sent by the concerned ministry to OPMCM with the required opinions (for example, of the Ministry of Finance or Ministry of Law where needed).
• The Council of Ministers takes decisions; decisions and orders of the Government are authenticated by the authorised officer as provided in the rules.
• Ministers may delegate certain powers to secretaries and officials.

5. Provinces

Each province makes its own Provincial Government (Allocation of Business) Rules to divide work among its ministries, within the provincial powers in Schedule 6 (and concurrent powers in Schedules 7 and 9) of the Constitution.

6. Importance for administration

• Gives a legal map of government work.
• Basis for organisation structure, posts (O&M) and budget of ministries.
• Reduces delay caused by “not our ministry” problems.
• Supports good governance: clear authority, clear accountability.

7. Problems

• Frequent changes in ministries with political changes.
• Overlapping subjects (for example, between ministries dealing with land, urban development and local infrastructure).
• Weak coordination between federal ministries and provincial ministries on shared subjects.

8. Key facts at a glance

9. Why these rules matter

• They show which ministry is responsible for each subject.
• They avoid duplication and conflict between ministries.
• Ministries’ decisions are valid only within their allocated subjects.
• Rules are amended when ministries are merged or split.

10. How this topic is asked in the exam

Objective items ask the article on government business and the years of the rules. Subjective questions ask about the importance of the allocation of business for effective administration.