Research Article

Civil Society's Role in Operating and Managing

Good Governance in Nepal
Lecturer, Kapilmani Dahal, PhD Scholar
Department of Political Science, Tribhuvan University, Prithvi
Narayan Campus, Pokhara, Nepal

Abstract
Civil society is non political sphere and individual made voluntary
organization widely understood as the space outside the family,
market and state. It is associated for welfare of state on the ground
of civic knowledge, civic education and civic virtue. Civil society
works and plays its role in the democratic regime. Democratic
regime operates on the basis of democratic norms and values. Civil
society plays roles in the democratic society relating to maintaining,
promoting and strengthening good governance. It plays various roles
like participating, mediating interest, mobilizing counter knowledge,
influencing policy making, building commitment for public good,
giving impetus to community building projects, motivating citizens,
government towards co-operation, etc. It can play the communicative
role, protective role, control role, socialization role, service delivery
role and the global citizenship role in different cases. Major areas
of good governance are democracy, rule of law, proprietary rights,
corporate governance, human rights, welfare state and labor institution.
And in these areas civil society can perform their respective roles. In
the case of Nepal some roles have been managed under constitution and
statutory law mainly in good governance operation and management
act. But these provisions seem inadequate for showing their role
visibly. Maintaining good governance through properly implementing
fundamental rights, government has not made effective laws yet.
Nepalese parliament has promulgated the act named good governance
operation and management act 2008. Here some provisions relating
to civil society's role in operating and managing process has been
mentioned. In this article constitutional role as well as legal role has
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been taken in due consideration because civil society's constitutional
and legal roles have not been duly recognised yet. Thus the study has
given imphasis on description and analysis of content relating to civil
society 's role managed under the costitution and statutory law act. To
draw the conclusion in this study descreptive-analytical and content
analysis methods has been used and information has been taken
from secondary method. constitution of Nepal and good governance
operation and management act 2008 have been taken as major contents
for analysis of civil society's role in managing and operating good
govenance in Nepal.
Keywords : Civil society, constitution, democracy, good
governance, rule of law.

Introduction
Civil society is the back-bone of the democracy and incorporates
according to the concept of plurality of society. According to
Clayton (1996), “CSOs” (civil society organizations) as diverse
forms of organizations exist outside the state and the market
to provide counterbalancing functions to both the state and the
market (Clyton, 1996:7). Migdal considers “civil society” as
a group that is freely created on the basis of common interest
to serve as a bridge between society and government (Migdal,
1988:13). Similarly, Gramsci refers to “civil society” as those
groups which are freely organized outside of the political sphere
on the basis of common interests and which work towards
protecting their relative autonomy and realizing the interests
and wishes of their members (Gramsci, 1971:11). A definition
of “civil society” by the London School of Economics views it
as an arena of unforced collective action around shared interests,
purposes and values, whose institutional forms are distinct from
those of the state, family and market – though in practice the
boundaries between state, civil society, family and market are
often blurred and negotiated (Anheier2000:6–8). All these

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definitions and concepts make it clear that civil society is an
inevitable element in the society.
Civil society is generally voluntary organizations associated for
welfare of state. It is associated on the ground of civic knowledge,
civic education and civic virtue. Civil society works and plays
prominent role in the democratic regime. Democratic regime
operates on the basis of democratic norms and values. Such
norms and values are incorporated in the Constitution of Nepal
too (Preamble the constitution of Nepal). Constitution is a means
of providing place for civil society. In totality, the constitution
which has not provided sufficient place for civil society cannot
be run for a long time. Provision of freedom of association is
basic foundation forming civil society. Unions, associations,
organizations, institutions and all networks can be included
within the scope of civil society. In the case of assimilation
of civil society people can engaged for the welfare of society.
Civil society can be perform their effective work in the decision
making and implementing process. Civil society teaches citizens
on participation of people on democratic system. It can easily
check on the performance of political parties and make them
responsible to people. Civil society checks and controls the
action of government contrary to the interest of people. Civil
society preserves the democracy but insufficient constitutional
provisions can not help functioning it very well. Sufficient
constitutional provisions benefit both the government and the
society. But it is also true that but inactiveness of civil society
hampers the democracy and people's rising aspirations.
Civil society plays various roles in the society. Among them
the role relating to maintaining, promoting and strengthening
good governance is considerable for implementing democratic
governance. In the context of Nepal too our constitution has

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provided some space for civil society. Although, the needy
legal provisions for implementing constitutional provisions
relating to good governance has not been properly managed as
yet. Nepalese parliament has promulgated the act named good
governance operation and management act 2008. Here some
provisions relating civil society's role in operating and managing
process has been mentioned. In this article constitutional role as
well as such legal role have been trying to mention.

Objectives and Methodology

Civil society and good governance are two important
terminologies used frequently in day to day life. Both have
various connotations but in political field generally civil society
denotes voluntary organization organized for welfare of state
and good governance. This study has focused civil society's role
in operating and managing good governance. Here generally
two roles (constitutional and legal role of civil society) have
been shown by respective content analysis. So in this study two
major objectives have been determined. Firstly to show the roles
and functions of civil society in general and secondly to show the
constitutional and legal provisions relating to civil society's role
managed in Nepal. Research methodology as the process and
way of resolving problem in the course of study here secondary
data and information have been used. Library sources have been
taken as storehouse of knowledge and bank of information to
describe and analyze the subject. The constitutions of Nepal
and good governance operation and management act have
been taken as major content for descriptive-analytical methods.
Various books, journals, reports, research articles, websites have
been used to get qualitative information.

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Roles and Functions of Civil Society
Civil society is an arena where manifold social movements and
civil society organizations from all classes, attempt to constitute
themselves in an ensemble of arrangements, so that they can
express themselves and advance their interests (Bratton,
1989:417).
Civil society has its various notions. It is public realm between
sate and family, different from political society, theoretical
construct than empirical, as the source of legitimacy, and civil
society and state are distinct but best considered together. The
objective of this study is not defining civil society but showing
its roles and functions. This is why, only roles and functions
have been mentioned here.
Civil society is very closest organization, movement, initiative
and individual for solving problems and strengthening
democracy through implementing good governance. Civil
society organizations hold government accountable for their duty
to fulfill the right to education. Parent’s association, children’s
association, youth association, teacher unions are some examples
of education relating to civil society ([Link].
org). Civil society is an idea that affects every one in every
nation ([Link]). The paradox about civil
society is that it covers a vast range of activities –it is very hard
to define. Civil society is a public space between the state, the
market and the ordinary house hold, in which people can debate
and tackle action. Civil society has a political dimension but not
political parties.
Civil societies do not seek political power for themselves.
Civil society can do various works to nurture the concept of
democracy. The first and basic role of civil society is to limit
and control the power of state. Civil society actors should watch
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how state officials use their powers. They should raise public
concern about any abuse of power. They should lobby for access
to informing including free information laws and rules and
institutions to control corruption ([Link] ).
Such as second important function of civil society is to expose
the corrupt conduct of public officials and lobby for good
governance reforms even where anticorruption laws exist,
they can’t function effectively without active support and
participation of civil society. Third function of civil society is to
improve political participation. Forth, civil society organizations
can help to develop the other values of democratic life. Fifth,
civil society also can help to develop programs for democratic
civic education in the schools as well. Sixth, civil society is an
arena for the expression of diverse interests, and one role for
civil society organizations is to lobby for the needs and concern
of their members as women, students, environmentalisms,
trade unions, lawyers, doctors, etc. NGOs and interest groups
can present their views to parliament, they can dialogue with
relevant government ministries. Seventh way of civil society can
strengthens democracy by new form of interest and solidarity.
Eighth, civil society can provide a training ground for future
political leaders. Ninth, civil society can help to inform the public
about important public issues. Tenth, civil society organizations
can play an important role in mediating and helping to resolve
conflicts. Eleventh, civil society organizations have a vital role
to play in monitoring the conduct of elections. Civil society is a
check, a monitor but also a vital partner in the quest for positive
relationship between the democratic state and its citizens (www.
[Link])
The pluralistic group of civil society and its types and functions
have been well elaborated by Diamond (1994). They are in short:

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economic, cultural, informational, and educational, interest-
based, developmental, issue-oriented and civic (Diamond,
1994:6). Civil society commonly strives for autonomy from the
political and economic societies to redress inequality, injustice
and multiple forms of domination in society. It also upholds a
model of social movements against distributional, legitimating
and devolution crisis induced by new hegemonic formation; that
has initiated new forms of operation, transmission of a dominant
culture and subordination of citizens into contemporary capitalist
societies (Gladwin, 1994:62). The emerging ecological, peace,
indigenous, poor, women and civil society movements are
the results of historical and spiritual manifestation against the
organizational control of the material world (Dahal and Bongarz,
2008:64).
Civil society organizations play an important role in public
budgeting. They can help improve budget policies through
providing information on public needs and priorities through
their connections with citizens, communities and sectors. Civil
societies also can play an important role in holding the executive
accountable for how it uses public resources. When civil society
can combine an in-depth knowledge of policy issues and do
effective advocacy then they can positively influence policy
decisions.
Paffenholz (2009) explores- civil societies’ role on peace
building which is relating to good governance also because good
governance can’t be maintained without peace and harmony in
the country. On the other hand the similar role of civil society in
the peace process can be linked to maintaining good governance.
Civil society is widely assumed to be an important factor for
peace building. As such substantive focus has been given
towards building and strengthening civil society especially in

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countries experiencing or emerging from situation of armed
conflict. In such environments civil society is understood as
playing an important role in reducing violence and in facilitating
the conditions necessary for building a sustainable peace.
Civil society has seven functions. These functions are: protection,
monitoring, advocacy, socialization, social cohesion, facilitation,
and service delivery. It shows that civil society can play an
important supportive role though the impetus for peace building
comes in most cases from political actors and the conflict parties
themselves. On the whole, protection, monitoring, advocacy
and facilitation related activities were of higher effectiveness,
whereas socialization and social cohesion related activities were
of low effectiveness across all cases. It is also found that there is
a significant importance in recognizing other contextual factors
that may limit or strengthen civil society’s ability to fulfill a
peace building roles. Contextual factors include: the behavior
of the state, the level of violence, the role of the media, the
composition of civil society, and the involvement of external
political actors and donors (Paffenholz, 2009:2-3).
Dahal (2006) writes on –Civil Society Groups in Nepal, Their
Roles in Conflict and Peace Building. He mentions that urban
and rights based civil society received an additional boost from
the western aid regime with its agenda for the promotion of
democracy. This was buttressed by the ballooning of public
expectations regarding a distributive state and rights- based
development. Civil society is today taken as a conduit for
democratization, leadership change, economic liberalization,
good governance and peace building. This idea assumes civil
society to be ‘purely instrumental process whose parameters
were decided by donors and which turned many NGOs,
indigenous people’s institutions and social organizations into

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projects (Dahal, 2006:4).
Many civil society groups registered with SWC, however,
are given the mandate to work on relief, charity, environment
protection, economic projects and social development rather
than on political education and conflict resolution. He concludes
pitting democracy versus the state, human rights against security
responsibilities, professionalism versus political alliance,
tradition versus modernity, men versus women, or one class,
cast, ethnic groups or race against the other will not ever resolve
the conflict in Nepal, The very fact that attempts surface from
time to time to show the conflict in this light means that there are
active interests which see the conflict as an opportunity rather
than a challenge to be resolve (Dahal, 2006:32).
Diamond proposes a twelve item list for assessing democratic
functions of civil society which are also indispensable and
important for good governance.1. Checking, limiting and
monitoring the power of the state. 2) Supplementing the role of
political parties in stimulating participation. 3) Development of
democratic attributes through education. 4) Providing multiple
channels for interest representation beyond political parties. 5)
Mitigating principal polarities of political conflict and hence
surpass clienteles. 6) Generating cross cutting interests that
will mitigate the political polarities. 7) Recruiting and training
new political leader. 8) Creating organizations with explicit
democracy-building goals (for example election monitoring).
9) Disseminating information and idea. 10) Providing basis for
reform policies. 11) Conflict mediation and resolution and 12)
Enhancing the accountability, responsiveness, inclusiveness,
effectiveness, and hence legitimacy of the political system by
fulfilling above listed items (Diamond, 1999:239-250).
Civil society can work for protection and promotion of democracy

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and development. Democracy as nation's power and legitimacy
gained from the people's freedom, democratization of state and
society. Availability of opportunity can be obtained by roles of
civil society played in the society. Civil society's role becomes
important in establishing, developing and strengthening powerful
and effective democracy. For it working for building popular
mandate against all forms of authoritarian and arbitrary political
system, working for commitment building by state structures
and political parties in favor of civic freedom, democratic
process and democratic rights, working in reforming political
parties, building consensus in political improvement, resolving
conflict, holding public debates and working for participation
like building in election, assisting to dialogue between people
and government, creating environment, participating in
governance system, capacity building, legitimizing consensus in
constitutional and legal matters are remarkable in democratic
and development process.
Civil society can play roles regarding advocacy, watchdog,
networking, role regarding research, supporting in technical
areas and other co-coordinating and representing roles. Functions
of checking, monitoring and restring the government's exercise,
functions of training and empowering the community, functions
of channel for affecting decision makers and functions serving
of school of democracy for fostering democratic culture are also
related to civil society's in roles maintaining good governance.

Constitutional and Legal Role of Civil Society

Civil society can be conceived as a social and public space and
sphere that is above the domain of family and below the state.
Insofar as the role of civil society in governance is concerned this
is important particularly for having good governance. Without an
active civil society, the prevalence and institutionalization of good
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governance is not possible. Civil society is an important aspect
of democratization process. It provides an environment that can
be used to enhance community cohesion and decision-making.
Civic participation is important in decision making. When
people get better informed, they are most likely to participate
in policy discussions, decision making and communicate their
ideas and concerns freely.
The role of civil society in good governance is to apprise people
of their fundamental rights and responsibilities. In addition,
civil society is instrumental in making people aware about
the role of the government and state institutions. Moreover,
civil society provides the forums to the people to debate and
discuss their issues and communicate them to the rulers and
administrators. Civil society also provides the platforms to the
people to maximally participate in the process of governance.
Civil society is also critically important for making people
aware of the need and value of the rule of law, as well as
apprising government institutions and functionaries of the state
about the importance and their respective role(s) in ensuring
the rule of law. (khan, 2018). There is now broad consensus that
good governance requires both a strong state and a strong civil
society (Matena, Carmen: 2010).
Good governance, generally, encompasses a broad array of
practices that maximize common good. Some of the attributes
of good governance are democratic practices, rule of law, and
respect for human rights. In Nepali context, Nepalese civil
society seems divided and affected by party politics. Only a
few numbers of civil society members are playing and showing
their independent roles. Others are either adopting culture
of silence or advocating as being spokes person of political
parties. All these have shadowed good governance in Nepal.

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Civil society and good governance have become as ideal
terminologies in Nepali context too. Both have been used
differently time to time, place to place and persons to persons
everywhere. Generally they are thought ideal and are true too
for some limitations but they are not ideal only but are practical
subjects executing day to day life of peoples. But one concern is
that before implementing them, there should be made adequate
provisions relating to civil society's roles in maintaining good
governance for strengthening democracy. Unless constitutionally
or legally made such provisions, civil society's role in good
governance can't be seen visibly. So here some provisions
relating to civil society's role made in the constitution and law
act about maintaining good governance have been mentioned.

Constitutional Roles of Civil Society

Constitution is major ends as well as means governing the
nation's politics. It is guideline, blueprint or directives handling
nation's major governmental institutions. Constitution provides
more or less space for other arena and structures of politics. Civil
society is one of the aspects of political and some of its roles have
been mentioned in the constitution of Nepal. This constitution
was participative constitution and was made on the context
of universally institutionalizing the concept of the supremacy
of constitution, constitutionalism and good governance. This
constitution is the product of civil society's movement in 2006.
So there can be seen the reflection of the civilian movement in
the interim constitution and the constitution had made some
provisions relating to civil society directly or indirectly.
The preamble of the constitution starts 'we the sovereign people
of Nepal'. It indicates that civil society can affect the proper
implementation of the constitution. On the other hand the
provision of vesting the sovereign as well as the state power in
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the people respects the presence of civil society in the state. The
constitution has accepted the norms and values of democracy
as unity in diversity, tolerance, solidarity, equality and equity,
social justice, equitable society, participatory system, full
freedom of press, fundamental rights and their effective way
of guarantee, human rights, independent judiciary, rule of law,
periodic election and civic liberties (Interim Constitution of
Nepal: 2007) are directly related to the playing roles of civil
society in the state according to the constitution of Nepal.
Constitution of Nepal 20015 has also incorporated various
provisions relating to civil society role in good governance
system. The roles of civil society incorporated in this constitution
are similar to the provisions incorporated in the interim
constitution of Nepal 2007, so the provisions incorporated in
that constitution have been mentioned above for its reference
but not for comparison. Constitution as the fundamental law
(article, 1), sovereignty and state authority of Nepal vested
in the Nepalese people (article, 2), Nepal as an independent,
sovereign, inclusive, democratic socialism oriented federal
democratic oriented state (article, 4), basic features of national
interest of Nepal as sovereign state (article, 5) are the civil
society related provisions managed under part 1 the preliminary
of the constitution of Nepal.
The constitution of Nepal has included the very important part,
part 3 under the provision of fundamental rights and duties. There
is provision of life with dignity (article, 16). The constitution
included right to freedom and under it, the constitution provides
freedom of opinion and expression, freedom of assemble
peaceably and without arms, freedom to form unions and
associations (article 17(a, b, d) except some exceptions i.e. against
sovereignty, territorial integrity, nationality and independence of

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Nepal or the harmonious relations between the federal units or
the people of various castes, tribes, religions or communities or
incite caste-based discrimination or untouchability or on any act
of disrespect of labor, defamation, contempt of court, incitement
to an offence or on any act which may be contrary to public
decency or morality are directly related to the presence of civil
society in the state. Such as right to equality (article, 18) treats
all citizens shall be equal before law. No person shall be denied
the equal opportunity of law.
It is also seems the prerequisite for civil society to raise the voice
for the equality of the people in the state. Right to communication
(article, 19) which is correlated to freedom of opinion and
expression is the most important provision made for civil society
in the constitution because no member of civil society can raise
the voice in the society without this provision. The constitution
reads- no publication and broadcasting or dissemination or
printing of any news item, editorial, feature article or other
reading, audio and audio-visual material through any means
whatsoever including electronic publication, broadcasting and
printing shall be censored except some limitations as mentioned
before.
It is very important for the function of civil society to educate
and aware the people. There is a provision in the constitution
about limiting this right to communication. Mentioning in the
constitution that no means of communication including the
press, electronic broadcasting and telephone shall be interrupted
except in accordance with law, has made us doubt that if
government made law for restricting the right to communication
then civil society should be stayed with silence in the society but
taking the assistance of other provisions made in the constitution
making effective implementation of constitution and making

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the supremacy of constitution, supreme court can ultraviolet
the inconsistent provisions made by government as well as
parliament and civil society can act properly. Right to demand
and receive information on any matter of his or her interest or
of public interest (article, 27) and the privacy of any person, his
or her residence, property, document, data correspondence and
matters relating to his or her character shall, except in accordance
with law, be inviolable (article 28) which are interrelated to
provisions right to freedom of expression of opinion and thought
and right to communication for the effective presence of civil
society in the state.
The arrangement relating to right to constitutional remedy has
been made in the article 46 of the constitution. According to the
constitutional provision, constitutional remedy can be obtained
applying the provisions made under article 133 and 144 of the
constitution which is significant to the provision of civil society.
These provisions made in the constitution are significant for
maintaining and strengthening good governance for democratic
polity. On the basis of these provisions relating to fundamental
rights, civil society can play their roles for implementing
good governance. Constitution has arranged some provisions
regarding some constitutional organs and commissions.
So living in the constitutional organs civil society can play
crucial role implementing good governance. Constitutionally
provisions relating to human rights, fundamental rights, rule of
law, independent judiciary are basic pillars of good governance
and these provisions have been provisioned in the constitution;
how ever, there are some hurdles implementing the fundamental
rights.

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Legal Roles of Civil Society Made under Good Governance
Operation and Management Act 2008
Good governance is an end and to reach there, various steps are to
be crossed everywhere. In Nepal too to maintain and strengthen
good governance the special act named 'Good Governance
Operation and Management Act 2064' B.S. has been made and
implemented too. Major Provisions relating to the role of civil
society for operating good governance made in this act are
mentioned below:

Preamble
This act was made and promulgated in 2064 B.S. to guarantee
(ensure) good governance in Nepal and it has amended two times
in 2072 and 2075 B.S.. The act focuses public administration
as mechanism of providing good governance. In the preamble
the elements of good governance has clearly mentioned. It also
emphasized good governance as people's right obtaining in
practicability.
It reads- whereas, it is expedient to make legal provision in
relation to good governance by making public administration
of the country pro-people, accountable, transparent, inclusive
and participatory and make available its outcome to the general
public; upon adopting the basic values of good governance
like rule of law, corruption–free and smart (lean or smooth)
administration, financial discipline, and efficient management
of public work and resources to create situation for providing
public services in speedy and cost-effective manner; by bringing
into execution (enforcement) of the right of the citizens upon
having good governance by translating it to practical reality; and
transform the administrative mechanism into service delivery
mechanism and facilitator; (Preamble the act). Here the preamble

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has clearly mentioned the objectives of act. In the preamble the
term civil society has not been mentioned but civil society can
perform their work for implementing good governance on the
basis of these provisions.

Basis for Executing Administrative Functions (Section: 6)

The preamble of act initially mentions the public administration
as major mechanism of maintaining and strengthening good
governance. So the administrative functions managed under the
act are very important in the implementation of good governance
process. The act has managed ten major bases for executing
administrative functions they are:
(a) Greater interest of nation and people;
(b) Equity and inclusiveness;
(c) Rule of law;
(d) Guarantee of the human rights;
(e) Transparency, objectivity, accountability and honesty;
(f) Economic (financial) discipline, corruption-free, lean
(smart) and people–Oriented administration
(g) Impartiality and neutrality of administrative mechanism;
(h) Access of people to administrative mechanism and its
decision;
(i) Decentralization and devolution of powers; and
(j) Popular participation and optimum utilization of local
resources. (Section: 6).
These bases are the elements and principles of good governance
determined in the context of Nepal. Major principles of good
governance have been mentioned in the preamble but these
bases are also considerable for the managing and operating good

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governance in Nepal.

Consultation May be Made with Civil Society or

Stakeholders while Implementing the Matters of Public
Concern
The act has aimed linking civil society and stakeholder into the
process of implementing the matters of public concern. Really
the matters of public concern can be addressed with the help of
civil society. So the act has assimilated the provision of civil
society as integrated part of the good governance. Act reads
that- Government of Nepal may make necessary consultation
with stakeholder and civil society, if necessary, before the
implementation of any matter of public concern (section: 20).
The consultation taken from civil society on public matters
may give due attention by government while implementing the
decision (section 20). It is the major provision made about civil
society's role in the case of implementing good governance.

Citizen's Charter to be Maintained

The act has made provision relating to citizens' charter to be
maintained. Now-a-days, in every public office we can see
citizens charter which helps to service-holders about the service
they are going to be taken. The provision of Citizen's charter to
be managed in prescribed form and locate it in the visible place
of the office is very important matter of this act. The citizen
charter should contain the following matters;
(a) Detail statement of service offered by the office and its
nature,
(b) Procedure to be followed by the service user (customer) to
obtain the service,
(c) Estimated time for delivering the service,

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(d) Description of the officer responsible for providing service
and his/her chamber,
(e) Particulars of the fees to be charged or other amount to be
paid, if any, to receive the service,
(f) Other matters as prescribed
Locating citizen's charter has been made mandatory to all the
offices and chief of the offices made responsible for locating it.
The act has made the provision of compensation to the service
user in case of failure of providing the services mentioned in
the charter by public officials (section: 23). Code of conduct
is not only legal responsibility but also moral duties. So rules
of behavior are very significant in the case of operating good
governance. In case of violation or noncompliance of code
of conduct the concern authority must bear legal action and
punished by prevailing laws in force. Civil society can play their
role here by teaching people about the citizen's charter.

Citizen's Charter
Citizen's charter is generally the list of services to be delivered by
concerned office. It makes it clear to the service users what kind
of services they are going to obtain. Description of statement
of services, procedure of obtaining services, estimation of time,
particular fees and other important matters are major organs of
citizen's charter to be maintained. The act has provisioned the
following matters while locating the citizen's charter.
(a) Detail statement of service offered by the office and its
nature,
(b) Procedure to be followed by the service user (customer) to
obtain the service,
(c) Estimated time for delivering the service,

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(d) Description of the officer responsible for providing service
and his/her chamber,
(e) Particulars of the fees to be charged or other amount to be
paid, if any, to receive the service,
(f) Other matters as prescribed (Section: 25). Department action
against the in-charge of concerned office in case the service
user doesn't receive service and the amount of compensation
for the loss incurred to the customer are also considerable
matter while preparing and locating the citizen's charter.
Fixing of reasonable service fees, mobile service to be
operated, public participation and ownership in the project
and program and establishment of governance reform unit
for function, power and duties are also significant factors of
public administration for operating good governance. Civil
society can monitor whether people have been able to get
these services or not on the basis of provisions made in the
charter.

Public Hearing
About public hearing the act reads- Public hearing to be held
: (1) The Chief office-holder at regional, zonal, district and
local level involved in delivery of service, shall conduct public
hearing as prescribed, with the purpose of making the activities
of the office fair, transparent, and objective and addressing the
lawful concerns of general people and stakeholders.
(2) While conducting public hearing pursuant to Sub-section (1)
the expert of the related subject, stakeholder, and representatives
of civil society and officials of the local bodies shall be invited.
(3) Notwithstanding anything contained in this Section, public
hearing shall not be required to be held in the matters to be
decided judicially (section: 30).

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Public hearing with civil society promotes good governance.
And here the role of civil society has clearly addressed. Public
hearing improves hurdles while operating good governance by
public administration. Public hearing also makes the activities
of the office fair, transparent and addressing the lawful concerns
of service user or stake holders. Way of compliance and
grievance management, not to encroaching on the authority
of other officials, advisor as expert may be appointed to get
advice for providing services and provision of spoke person to
be appointed about the activities and functions carried out by
the ministry, department, and governmental agency or office are
also remarkable matters for operating good governance.

Compliance of Act
Compliance of good governance operation and management act
is basic part of this act. This act not only operates on centre level
but also on constitutional body, local body, regulatory body or
public corporation under full or partial ownership or control of
the Government of Nepal requiring to perform work. According
to the constitution or prevailing laws and official working in
these bodies or corporation , while performing their work, this
act shall mutatis mutandis implement or cause to implement the
provisions mentioned in Section 6, 7, 13, 14, 15, 16, 17, 18, 19,
20, 21, 22, 23, 24, 25, 26, 28 and 30. (section: 36). This provision
clearly reads that all tiers of government including centre,
provincial and local level must compliance the act and follow
the provision relating to management and operation of good
governance. So in all tiers of government and in constitutional
bodies too civil society can play their respective roles in the
process of implementation of good governance act.

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Practice of Information Technology
The provision of information technology is another provision
of this act. e-governance and computer appliance in every
offices is the product of this act. In the act it is managed that
every ministry, department and government agency and office
may bring computerized information technology into practice
based on the availability of their resources and means (Section:
37). On the basis of these provisions civil society can play their
prominent roles in the process of operating and managing good
governance.

Conclusion
Civil society is generally voluntary organizations associated for
welfare of state. It is associated on the ground of civic knowledge,
civic education and civic virtue. Civil society works and plays
its role in the democratic regime. Democratic regime operates
on the basis of democratic norms and values. Such norms and
values are incorporated in the Constitution. Constitution is a
means providing place for civil society. Unions, associations,
organizations, institutions and all networks can be included
within the boundaries of civil society. In the case of assimilation
of civil society people can be engaged for the welfare of society
and community. Civil society can perform their effective work
in the decision making and implementing process. Civil society
teaches citizens on participation of people on democratic system.
It can easily check on the performance of political parties and
make them responsible to people. Civil society checks and
controls the action of government contrary to interest of people.
Civil society plays various roles in the society. Among them
the role relating to maintaining, promoting and strengthening
good governance is considerable for implementing democratic
governance. Civil society plays various roles like, participating,
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mediating interest, mobilizing counter knowledge, influencing
policy making, building commitment for public good,
giving impetus to community building projects, motivating
citizens, government towards co-operation, etc. It can play the
communicative role, protective role, control role, socialization
role, service delivery role and the global citizenship role in
different cases. Major areas of good governance are democracy,
rule of law, proprietary rights, corporate governance, human
rights, welfare state and labor institution. And in these areas
civil society can perform its respective roles. In the context of
Nepal too our constitution has provided some space for civil
society. Although, the needy legal provisions for implementing
constitutional provisions relating to good governance have
not been properly managed yet. Constitution of Nepal has
incorporated more or less some provisions relating to the role
of civil society in good governance system. The constitution
has accepted the sovereign and state power of people. Such as,
constitution has managed the important norms and values of
democracy. Democracy is another name of good governance. In
the constitution fundamental rights as a form of good governance
has been provisioned, some provisions relating to civil society
too have been mentioned there.
Nepalese parliament has promulgated the act named good
governance operation and management act 2008. Here some
provisions relating to civil society's role in operating and
managing process has been mentioned. Matters included into
the preamble of good governance operation and management
act 2008 such as Practice of Information Technology, basis for
executing administrative functions, consultation may be made
with civil society and stakeholders while implementing the
matters of public concerns, citizens charter to be maintained,
public hearing to be conveyed, compliance of act to be applied
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in all tiers of government and constitutional bodies of Nepal
and e-governance to be followed are some provisions relating
to legal role of civil society in the process of operating and
managing good governance in Nepal.

References
Anheier, K. (2000). How to Measure Civil Society.
Bratton, M. (1989). The Politics of Government–NGOs Relations
in Africa in World Development, 17 (4), 569-587.
Clayton, A. ed. (1996). NGO, Civil Society and the State:
Building Democracy in Transitional Societies. Oxford:
Intrac.
Constitution of Nepal (2015). Kathmandu: Nepal Law Books
Management Committee.
Dahal D. R. and Heinz B. (2008). Development Studies, Nepal:
FES.
Dahal, D.R. (2006). Civil Society in Nepal: Their Roles in
Conflict and Peace-Building, Kathmandu: UNDP
Support for Peace and Development Initiative.
Diamond, L. (1999). Developing Democracy towards
Consolidation, Baltimore and London: The Johns
Hopkins University Press.
Diamond, L. (1994). Rethinking Civil Society: Toward
Democratic Consolidation. Journal of Democracy 3,
4-17.
Gladwin, M. (1994). The Theory and Politics of Contemporary
social Movements: Politics, 14, 43-65.
Good Governance Operation and Management Act (2007)
Kathmandu: Nepal Law Books Management Committee

- 122 -
Interim constitution of Nepal (2007). Kathmandu: Nepal Law
Books Management Committee.
Khan, R. (2018). Civil Society and Good Governance, Pakistan:
The Express Tribune.
Matena, C. (2010). Good Governance and Civil Society, New
York : Springer Link.
Migdal, JS. (1988). Strong Societies and Weak States: State-
society Relations and Capabilities in the Third World.
Princeton, NJ: Princeton University Press.
Paffenholz (2009). Civil Society and Peace Building,
Switzerland: CCDP.
Paffenholz, T. and Christoph, S. (2006). Civil Society,
Civil Engagement and Peace Building. Social
Development Papers, Conflict Prevention and Re-
Construction,Washington: World Bank.
Pearce, J. (2005). The International Community and Peace
Building, Development. 48, 41-49.

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