Koshi Province Approves Sports Development Ordinance Amendment

Biratnagar. The Koshi Province government's cabinet meeting on Monday approved the 'Provincial Sports Act 2076 First Amendment Ordinance 2083' in the name of developing the sports sector. The ordinance was certified by Province Chief Parshuram Khapung on Wednesday. The ordinance primarily increases the board's membership from 15 to 25 and vests all decision-making authority in the board itself, according to the Social Ministry. This ordinance has become controversial, particularly regarding the provision of two vice-chairpersons. The ordinance also continues the existing legal provision which is silent on the qualifications of the member secretary. While the government claims the ordinance was introduced to make the sports sector more inclusive, dynamic, and administratively easier, former officials allege it is an attempt to create a political recruitment center. Social Development Ministry Secretary Uddhav Prasad Rizal and Minister Ram Prasad Mahato assert that this ordinance is in the greater interest of the sports sector. For eight months, the absence of leadership in the Sports Development Board had brought sports programs to a standstill. Secretary Rizal, detailing the ordinance's main provisions, stated, 'The previous act had a provision for 15 members, making it difficult to encompass all sectors and disciplines. The current ordinance increases the member संख्या to 25, with a mandatory provision for 5 women members, which will make the sports board more inclusive.' Secretary Rizal also mentioned that amending the act was essential to remove administrative hurdles. According to him, previously, appointing an executive director at the sixth level required bringing it to the cabinet every time, a cumbersome process that has now been corrected. Social Development Minister Ram Prasad Mahato said this step was taken to organize major sports events. 'We were preparing to enact a law, but since making a law would take time and the board needed to be activated immediately, the ordinance was brought through a fast track,' said Minister Mahato. Minister Mahato explained that the increase in the number of vice-chairpersons to two ensures women's representation. 'Previously, there was a provision for one woman among the vice-chairperson and member secretary. However, due to practical complexities, there is now a provision for two vice-chairpersons, one woman and one man being mandatory,' said Minister Mahato. While the government defends the ordinance, former member secretary of the Koshi Province Sports Development Board, Hanshraj Wagle, has strongly criticized it, calling the ordinance policy corruption. 'This is a scheme to create a place to nurture party cadres,' he said. Wagle questioned the ordinance's provisions, calling it absurd to increase the board size in the province when the central board does not have 25 members. 'Even with 24-25 members in the central sports board, the entire nation is covered, so why is a jumbo board of 25 needed in a province? This is merely an attempt to make political appointments and provide sustenance to one's own people. Increasing from 15 to 25 members is nothing but creating a cadre recruitment center,' Wagle said. Wagle also accused the government of being cunning regarding the criteria for the member secretary's qualifications. According to him, the criteria were not clarified to allow appointments of individuals close to the party who lack educational qualifications. 'People who hadn't even passed SLC were made member secretaries yesterday. At least educational qualifications should have been set for such a prestigious position, but that was not done,' he said. Wagle claimed that the decision to have two vice-chairpersons was an attempt to reconcile the power-sharing between the ruling coalition partners, Congress and UML. 'In the name of securing both women and men for the vice-chairperson positions, Congress and UML have tried to distribute one vice-chairperson each,' Wagle claimed. He also argued that bringing an ordinance on the eve of the parliamentary session is against democratic values and norms. In Koshi Province, permanent sports structures have been in disarray for 8 months. The terms of the District Sports Development Committees have expired, and budget implementation at the provincial level has also not been possible. Minister Mahato informed that the board will be fully constituted within the next week, and appointments including the member secretary will be made. Mahato also stated that district committees will be formed. 'The tenure of many district sports development committees has ended. With the formation of this new board, the path has opened to reconstitute district committees and take sports activities to the grassroots level,' said Minister Mahato. Due to the inability to appoint a member secretary to the Province Sports Development Board, the budget has not been spent. The term of the board's member secretary, Krishna Basnet, ended on Bhadra 25. Similarly, the chairpersons of the District Sports Development Committees, who should have been appointed in all 14 districts through the board, have also not been appointed. What has been added in the ordinance? This ordinance, certified on Baishakh 30, 2083, has made extensive changes to the formation of the Sports Development Board, appointment of office bearers, and administrative processes. Section 3 of the original Act of 2076 had a smaller structure for the Provincial Sports Development Board. In the previous arrangement, the government used to appoint one vice-chairperson on the recommendation of the chairperson. However, the 2083 amendment has made the board larger. Now, the board will have two vice-chairpersons, one of whom must be a woman. These vice-chairpersons will be directly nominated by the chairperson, whereas previously this authority was vested in the provincial government. Similarly, the number of members has also been increased. While the original act had a limited number of members, the new ordinance allows the chairperson to nominate up to 13 members, including at least 5 women. According to Section 11 of the 2076 Act, the appointment of the member secretary was to be made by the provincial government on the recommendation of the chairperson. The 2083 ordinance has directly handed this authority to the chairperson (the line minister). Now, the chairperson can appoint the member secretary for 4 years. If, for any reason, the position of member secretary becomes vacant or an appointment cannot be made, the ordinance has brought an alternative arrangement to prevent sports activities from halting. The ministry can now depute an employee of the under-secretary level as the board's member secretary. Another key difference between the original act and the amendment ordinance is the distribution of authority. In many places in the 2076 Act, the approval or decision of the Provincial Government (Cabinet) was required for certain decisions. However, the new ordinance has brought many authorities to the ministry level. For example, the word 'Provincial Government' in Section 28 has been replaced with 'Ministry'. This means that certain administrative and personnel management decisions related to sports no longer need to go to the cabinet; the line ministry can make them. The original Act's Section 7 generally stipulated that the chairperson would preside over board meetings, and in their absence, the vice-chairperson would. The amended ordinance has clarified this further. Now, in the absence of the chairperson, the vice-chairperson designated by the chairperson will preside over the meeting. This arrangement has been made to remove ambiguity about who will conduct the meeting now that there are two vice-chairpersons. Furthermore, the provision regarding the continuity of the meeting has been changed from 'three times' to 'two times'. The 2076 Act stated that the member secretary's remuneration would be at the under-secretary level. Now, the remuneration, travel allowance, and facilities for office bearers and members will be in accordance with prevailing laws, as Sections 26 and 27 have been revised. Some old provisions regarding the disqualification of board members have been revised. A new section has been added for appointing a ministry employee as the member secretary of the board.