Delegation of Cabinet decision-making authority to the Minister
The government has started preparing to amend the performance regulations in order to delegate the decision-making authority of the Council of Ministers to the departmental ministers. The government has brought an ordinance on December 26 and amended the Good Governance (Management and Operation) Act to delegate the decision-making authority of the Council of Ministers to the Minister.
In addition, the provision that the powers obtained by the minister can be delegated to the secretary is also included in the amendment . After the new arrangement, the decision made by the special category (Secretary or Secretary) gazetted according to the delegation of authority from the Council of Ministers or the decision made by the Minister according to the delegation of authority from the Minister will have the same legal recognition as from the Government of Nepal .
According to the same amendment in the law, a high official of the Prime Minister and Council of Ministers Office said that necessary provisions are going to be made in the Government of Nepal (Performance) Regulations. According to the changes made in the law, the proposal for amending the regulations has been prepared and will be submitted to the Council of Ministers soon. The 8th amendment of the regulation is being prepared by including the new provisions made in the law through the ordinance. With the amendment of the regulations, many issues that are currently being submitted to the cabinet will be decided by the relevant ministry, said the official.
Last month, the government introduced an ordinance to amend some Nepal Acts related to the promotion of good governance and public service delivery. Through the amendment, some work to be done by the Council of Ministers has been determined in the Good Governance Act. Apart from that, the powers are to be delegated to the departmental minister . With the new amendment made in the
act, now only the matters mentioned to be edited by the government of Nepal or the council of ministers will now be taken to the council of ministers . There is a provision in the Act that matters other than those should not be taken to the Council of Ministers for decision. The Act also provides that the Government of Nepal can delegate authority to the Minister for decisions on matters other than those prescribed by the Good Governance Act, which states that decisions should be taken by the Council of Ministers.
The list of powers delegated by the Council of Ministers to the Minister will be in the performance regulations. Likewise, the revised act also provides that the minister can delegate necessary powers to the secretary. Sources say that the authority that the minister can delegate to the secretary will also be included in the performance regulations. However, it will remain the same that any law or performance regulation has already assigned the responsibility of performing a certain task to an officer.
In the Good Governance Act, it is stipulated that the authorities should give the necessary decision within 7 working days . Earlier, there was a provision that the decision-making authority could give a decision within the time period deemed appropriate by looking at the nature of the matter to be decided. Similarly, provision has also been made in the Act to warn and seek clarification from the higher level to the officer who withdraws without deciding the matter to be decided. According to the sources, the arrangements are going to be made in the performance regulations.
On January 26, the government brought four ordinances by amending 27 different laws with the aim of promoting good governance and improving public services.
An Ordinance to amend some Nepal Acts related to good governance promotion and public service delivery, to amend some Nepal Acts related to Economic Procedures and Financial Responsibility (First Amendment), Privatization (Amendment), Economic and Business Environment Improvement and Investment Promotion and to amend some Nepal Acts related to Land Brought to you . The opposition political parties have been criticizing the government for circumventing the process of bringing laws from the parliament and bringing ordinances.
