Madhesh Province Government to Rewrite Local Service Act Due to Structural Flaws

Janakpurdham. Concluding that the Local Service (Formation and Operation) Act, 2081, passed by the Provincial Assembly just a year ago, is severely flawed, the Madhesh Province government has initiated a process to rewrite the Act entirely instead of merely amending it.

The government reached this decision after structural weaknesses, ambiguities, and incompleteness were identified in various provisions shortly after the Act came into effect.

Initially, the provincial government planned to resolve the issues through amendments, believing only a few sections were problematic. However, a detailed study revealed fundamental flaws, leading to the conclusion that amendments would be insufficient and a complete rewrite is necessary.

The Office of the Chief Minister and Council of Ministers had initially prepared a draft to address issues regarding inter-provincial transfers, promotions of health service employees, and service conditions. However, subsequent legal reviews indicated that many critical aspects of the Act were weak and incomplete.

According to Chief Attorney Dr. Sunil Ranjan Singh, the detailed study revealed that many essential subjects were omitted. 'Initially, only a few sections seemed problematic, but deeper analysis showed widespread weaknesses. Since several important issues were missing, rewriting is more appropriate than repeated amendments,' he stated.

He noted that the lack of clear provisions regarding social workers, confusion in employee management, and clauses causing disputes in inter-provincial transfers and promotions are the primary weaknesses. He believes these issues risk creating instability in the administrative system.

Practical problems surfaced soon after the Act was implemented. Employees had even protested over inter-provincial transfers and promotions. Although the previous government managed to suspend the protests through negotiations, the issues were not resolved long-term. Confusion in employee management, recruitment, service conditions, and promotion processes at the local level has directly impacted service delivery, leading to sluggish administrative work and growing employee dissatisfaction.

Chief Minister's Office spokesperson Rohit Koirala informed that an initial draft for the rewrite has been prepared. According to him, the draft will now be discussed in the Council of Ministers and, after necessary revisions, will be presented to the Provincial Assembly.

'Lawmaking should be based on deep study and multi-stakeholder discussion, not haste,' Singh said. 'Dialogue with stakeholders, expert advice, and thorough debate in the House are necessary from the initial draft stage. Only then does an Act become mature and implementable.'

The need to rewrite an Act within just one year has raised questions about the competence of the government and the Provincial Assembly. Analysts warn that haste, poor preparation, and insufficient debate in sensitive areas like lawmaking will have long-term negative impacts on administrative structures and service delivery.