Federal Civil Service Bill Draft Causes Dispute Between Ministries
Kathmandu. A dispute has arisen between the Ministry of Land Management, Cooperatives, Federal Affairs and General Administration and the Ministry of Law, Justice and Parliamentary Affairs due to the draft of the 'Bill to Make Provisions Regarding the Formation, Operation and Service Conditions of the Federal Civil Service'.
The draft bill sent by the General Administration Ministry for suggestions has not been returned by the Law Ministry even after more than 35 days.
The Law Ministry has 'held' the draft bill, stating that it cannot be sent forward without direction from a discussion between the two ministers on constitutional, legal, and policy matters.
The General Administration Ministry had published the draft bill on May 11, seeking opinions and suggestions within 7 days. Incorporating the suggestions received, the ministry had sent it to the Ministry of Finance for approval. The Finance Ministry approved it and sent it back to the General Administration Ministry on May 24. It was then sent to the Law Ministry for approval on May 27, incorporating the suggestions from the Finance Ministry, but has not been returned yet.
Ministry of Land Management, Cooperatives, Federal Affairs and General Administration Spokesperson Joint Secretary Ekdev Giri informed that although they sent the bill related to civil servants to the Law Ministry for approval on May 27, it has not been returned yet.
Spokesperson Giri stated that he has no information about the reason for not returning it for a long time.
Sources close to General Administration Minister Pratibha Rawal and Secretary Madan Bhujel say that despite repeated follow-ups, it has not been returned from the Law Ministry. 'Despite repeated follow-ups, it has not been returned. What are the ministry's observations? What is the feedback? What are the disagreements? Please write and send them,' a source told Ratopati about the request made by the ministry to the Law Ministry. 'Otherwise, invite us for a discussion,' the source added. 'We have been requesting to be invited for a discussion. We have not been called for a discussion. The draft has not been returned either.'
Sources from the General Administration Ministry say that the bill can only be moved forward after direction from a discussion between the two ministers. Sources claim that the Law Ministry has stated that the minister's schedule has not been available even when asked to invite the minister.
In the government led by Balen Shah, Sobita Gautam is the Law Minister, and Pratibha Rawal is the General Administration Minister.
Meanwhile, sources from the Law Ministry say that the bill has not been returned because some of the new policies included in the bill are in conflict with the constitution and laws, and it can only be moved forward after direction from a discussion between the two ministers.
An official from the ministry's Policy Division stated that provisions such as employee management in federalism, removal from political activities upon involvement, retirement at 55 years, and completion of 30 years of service are strict, hence the need for discussion and direction between the two ministers.
'The draft of the bill has been prepared with some strict provisions. We look at the constitution and laws, and we have seen some conflicting issues,' the official told Ratopati. 'To resolve those, direction from the ministerial level, not the employee level, is necessary, which is why it has not been returned.'
He added that if the ministers discuss and provide direction, it will be amended and sent back.
The official did not disclose which specific provisions in the draft bill are contrary to the provisions of the constitution and laws.
The proposed bill sets the maximum age for entry into civil service at 35 years for women and 32 years for men. The retirement age is proposed at 60 years.
There is also a provision for a cooling-off period, which prevents individuals from taking constitutional or political appointments for a certain period after resigning or retiring from civil service.
The government had previously removed the provision of trade unions for employees through an ordinance. The draft bill also does not include the provision for employee trade unions accordingly.
The draft also includes a provision for mandatory retirement for employees who complete 55 years of age or 30 years of service. Section 57 of the draft deals with mandatory retirement. Subsection (1) states that civil servants will receive mandatory retirement after completing 60 years of age. However, it also states that employees who have completed 55 years of age or 30 years of service at the time of the commencement of this act will retire.
If this proposal is passed as is, employees who are 55 years of age or have completed 30 years of service on the day the act comes into force will receive mandatory retirement. The proposal also states that civil servants who complete 58 years of age in the fiscal year the act comes into force will also retire.
Section 33 of the existing act states that civil servants who complete 58 years of age will automatically retire. Due to the age limit provision, civil servants have been resigning in large numbers.
New provisions included in the draft bill
After the draft bill is approved by the Law, Justice and Parliamentary Affairs Ministry and returned to the General Administration Ministry, the ministry will present it to the cabinet. The legal provision is that the bill will be registered in the Federal Parliament Secretariat after the cabinet approves its presentation to the parliament. However, officials from the General Administration Ministry say that the possibility of it being returned from the Law Ministry soon is low.
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This specific news has been automatically translated by AI. As a result, there may be some inaccuracies or language errors.