Stalemate in Koshi Province Over Salaries for Lawmakers' Personal Secretaries Amid Legal Ambiguity

Biratnagar. A recurring topic raised by members of the Koshi Provincial Assembly in almost every session and internal meeting is, 'What about the salary and benefits for personal secretaries?'

However, if we consider the laws made by those very lawmakers and the Provincial Assembly, there is no obstacle to providing the service benefits. The only thing stopping it is a letter from the Federal Government's Ministry of Finance. There is a lack of coordination between the provincial government ministries, the Provincial Assembly, and the Chief Minister's Office regarding the implementation of that letter.

Indra Mani Parajuli, the Minister for Internal Affairs and Law in Koshi Province, gave an ambiguous answer to this very issue raised by the lawmakers during the Provincial Assembly meeting on Sunday. During his response, he complained that despite the provision in the law, it could not be implemented by the Provincial Assembly Secretariat.

'Many things have been raised in the Provincial Assembly regarding the personal staff of the Honorable Members. In this context, the law we made, we made the Law on Remuneration and Facilities for Office Bearers and included the provision in its schedule. And that provision exists in the law concerning the facilities of the Honorable Members,' Parajuli said, 'Regarding the implementation of the law made by the Provincial Assembly, the Provincial Assembly Secretariat had corresponded with the Ministry of Law on this matter. After much discussion, and with the consultation of the Attorney General, since this matter is about implementing the law, we corresponded that the Provincial Assembly should move forward with the necessary implementation.'

He also hinted that the Secretariat delayed implementation under the pretext of observing practices in other provinces and the center. 'After coming to the Provincial Assembly, it could not be implemented. I understand that the consensus was to move forward by considering the practices of other provinces, the practices of the center, and all these things,' Parajuli said. 'It is the government's stance, and my personal view, that the Provincial Assembly should quickly finalize this with necessary action. I expect this to be concluded soon.'

The law passed by the Provincial Assembly clearly stipulates that lawmakers can appoint personal secretaries (PAs) and that they will receive remuneration. Regarding this very letter, the Ministry of Finance, the Provincial Assembly Secretariat, the Ministry of Internal Affairs and Law, and the Chief Minister's Office in Koshi Province remain undecided. As a result, those appointed as personal secretaries according to the law have neither been removed nor are they receiving salary and benefits.

Schedule-2 related to Section 8 of the 'Law on Remuneration and Facilities for Office Bearers and Members of the Provincial Assembly, 2075' provides for facilities for personal secretaries to members of the Provincial Assembly. Citing this, a letter sent by the Koshi Provincial Assembly Secretariat to the Ministry of Internal Affairs and Law stated, '...the arrangement for a personal secretary has existed under other facilities provided to office bearers and members in Schedule-2...'

While this arrangement was being implemented, the Federal Government's Ministry of Finance issued a circular on 2082 Ashoj 7. Clause (Ja) of that circular stated, '...to abolish the facility for personal secretaries of political office bearers other than ministers of the Government of Nepal and Provincial Governments, including lawmakers.'

This clause has become a headache for not only the lawmakers but also the government in Koshi Province so far. After this letter from the center arrived, the Provincial Assembly Secretariat, citing difficulty in paying salaries, sometimes seeks an opinion from the Ministry of Finance and sometimes passes the responsibility to the Ministry of Internal Affairs and Law.

The Ministry of Internal Affairs and Law of Koshi Province gave a clear directive to the Provincial Assembly Secretariat on 2082 Magh 8. The letter signed by Law Officer Sunil Regmi stated, '...as the provision in Schedule-2 of the Law on Remuneration and Facilities for Office Bearers and Members of the Provincial Assembly, 2075, does not appear to have been amended or changed, a decision was made at the ministerial level on 2082.10.08 to implement the existing provision of the said Act...' The Ministry of Law suggested that it would not be an issue to pay the salary, arguing that the province's Act supersedes the center's letter. However, the Ministry of Finance and the Provincial Assembly Secretariat are still hesitant.

The main knot in this case is stuck due to a lack of coordination. The Ministry of Finance and Planning had previously given an opinion in a letter dated 2082 Poush 28 that this matter should be decided by the Provincial Council of Ministers.

On one hand, the Ministry of Law says, 'The Act has not been amended, pay the salary,' while on the other hand, the Ministry of Finance avoids responsibility by saying, 'It will be easier only if the Council of Ministers decides.' Because of this deadlock, the personal secretaries of 83 lawmakers have neither been able to receive the benefits stipulated by law nor have they been able to take leave. Now, the Provincial Assembly Secretariat has again corresponded with the Ministry of Finance seeking an opinion. Niroj Dhakal, the information officer for the Provincial Assembly Secretariat, stated that the Secretariat will act based on the opinion provided by the Ministry of Finance.

Meanwhile, the Minister for Finance and Planning, Bidur Kumar Lingthep, states that since an opinion has already been given previously, it is difficult to give different opinions on the same issue repeatedly. 'How many times should one give an opinion on the same matter?' he said. 'An opinion cannot be one thing one time and another thing the next time, can it?'

Lawmakers have repeatedly raised questions about this issue in the Provincial Assembly meetings. A few days ago, the Finance Committee of the Provincial Assembly also discussed the issue of the suspension of facilities for lawmakers' personal staff. The Chairman of the Finance Committee, Binod Bantawa Rai, stated that although discussions were held, a verbal directive was given to proceed according to the law.

According to statistics, Rs 3 crore 74 lakh 76 thousand 330 was spent in the name of personal secretaries in Koshi Province in the last fiscal year alone. While the center continues to pressure to cut this item, calling it unproductive expenditure, the provincial lawmakers claim that their legal rights have been infringed upon.

Currently, the Koshi Provincial Assembly has 93 members. The issue of personal secretaries for the 83 lawmakers other than the ministers has now become a matter of prestige, and the Provincial Assembly Secretariat is beginning to face accusations of hesitating to implement the law it created itself.