Postponement of the regulations for one month by the Gandaki government after the letter from the Prime Minister and Cabinet Office
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The Gandaki State Government has withdrawn from the implementation of the Ride Sharing (Regulation and Management) Rules 2082. After correspondence from the Prime Minister and Cabinet Office, the provincial government has suspended the implementation of the regulations for one month.
After the suspension of the regulation, the transport businessmen have also withdrawn the public transport service.
In the talks held on Monday between the government and the public transport businessmen, it was agreed to request the provincial government through the Prime Minister and Council of Ministers Office to suspend the ride sharing regulations of the respective provinces until the federal laws are being drafted.
According to the same agreement, on Tuesday, the office of the Prime Minister and the Council of Ministers sent a letter to the Gandaki government with a request to postpone the regulation. After that, a meeting was held between the Chief Minister, Ministers and the negotiation committee in Pokhara and it was decided to postpone the implementation of the regulations.
Spokesperson of the provincial government and Minister of Economic Affairs Takaraj Gurung said that the implementation of the regulations has been postponed for a month to hold talks with the businessmen. Rules are not returned. Positive advice can be given during the discussion. The regulations will be implemented," he said. According to Minister Gurung, since there is no legal basis for the postponement of the regulation, there has been a practical agreement not to proceed with the process of 'Ride Sharing' and 'Self Ride Company' (rental vehicles) coming for registration.
Kedar Poudel, the coordinator of Nepal Transport Professionals National Federation of Gandaki, said that they are positive about the provincial government's decision to resolve the problem through negotiations. The provincial government is talking about moving forward through dialogue and dialogue. Therefore, we will postpone the protest for one month," he said. "If nothing is resolved even through dialogue, there will be another protest." In protest against that, the public transport operators stopped their vehicles and started a protest. The state government formed a 5-member negotiation committee under the leadership of Kamal Kumar Adhikari, Secretary of the Ministry of Physical Infrastructure Development and Transport Management on 13th June. When called for talks on 14th of June, the businessman did not go.
The state government called for talks again on 18th June. The businessman replied that there was no reason to hold talks in the province as the agitation had escalated at the central level. In protest against the regulations related to ride sharing, the businessmen had stopped transport services even in Kathmandu Valley from Monday. After that, there was a consensus at the center about making regulations from the center. The consensus reached by the government and the public transport industry on Monday midnight is being criticized for waking up the 'syndicate'.
The second point of the agreement mentions "recommending necessary action by the Ministry of Home Affairs to implement the Supreme Court's order of 20 Chait 2080". The Council of Ministers had announced on 4 Baisakh 2075 that the syndicate in the transport sector had been removed. On 20 March 2080, while hearing the petition filed by the syndicate businessmen in the Supreme Court, the bench of Judges Sapna Pradhan Malla and Balkrishna Dhakal ordered that the decision of not renewing the registration certificate of the transport organization, canceling the registration and confiscating the property of the organization and all related operations shall be void.
This is the second time that the Gandaki state government has become flexible towards public transport operators in the implementation of ride sharing. The Gandaki state government had prepared to introduce regulations to legalize ride-sharing in July 2008. After knowing this, the transport businessmen were in a jam. After that, on the initiative of the then Acting Chief Minister Vindukumar Thapa, it was agreed with the transport businessmen not to bring the procedure immediately and to form a technical committee. After this, the provincial government did not proceed with the regulation work.
Chief Minister Surendraraj Pandey asked Transport Minister Prakash Bahadur KC to present the regulations in the cabinet meeting on 30 Baisakh. After this, without the knowledge of the transport businessmen, the state government had completed internal preparations and passed the regulations by the Council of Ministers.
After that, the businessmen started a protest saying that the regulations were brought to hire red number plate vehicles against their purpose, and that their investments were neglected.
A working group consisting of union government and syndicated transport businessmen discussed till midnight on Monday and agreed to write a letter to the Gandaki government to postpone the ride sharing regulations. After the letter was received in the province, initially only the ministers sat in the meeting. Later the negotiation committee coordinator and members were called.
At the beginning of the meeting, Chief Minister Pandey read the letter received from the Prime Minister's Office. After this, he asked for suggestions from the ministers saying that there was pressure to postpone the regulation for some time. None of the ministers who attended the meeting spoke against the union's interference. Ministers suggested that adjournment should be fixed. After Chief Minister Pandey proposed adjournment for one month, everyone agreed to it.
What's in the 6-point agreement?
1. Recommending the Ministry of Physical Infrastructure and Transport to request the Government of Gandaki Province and other provinces through the Office of the Prime Minister and Council of Ministers to request the government of Gandaki Province and other provinces to suspend the regulations related to "Ride Sharing" of the respective provinces until the federal law is being drafted.
2.
3. Recommending necessary action by the Ministry of Home Affairs for the implementation of Supreme Court's order of 2080/12/20. Bill made to amend and unify the vehicle and transport system, 2082, proposed national transport policy, 2082, motor insurance rate guide, 2073, road safety bill, 2082, contribution-based social security fund act, 2074, transport act, etc. For the provision of separate representation of transport businessmen and transport workers in the Minimum Wage Determination Committee, the Ministry of Infrastructure Construction and Transportation Division Head of the Ministry of Physical Infrastructure and Transport will recommend the formation of a suggestion and recommendation working group for public transport reform consisting of representatives of related bodies, agitating federations and representatives of labor organizations.
4. According to the guidelines on load regulation of freight vehicles, section 13 of 2074, requesting the relevant agencies for the implementation of the load capacity of domestic and foreign vehicles and the amendments to be made in that guideline, implementation and the 72-hour facility for foreign vehicles entering Nepal to be kept at the customs checkpoint, point no. According to 3, the working group will submit suggestions and recommend
5. The Ministry of Labor, Employment and Social Security shall coordinate and carry out a related program with priority to list the employees and workers working in the transport sector (drivers, co-drivers, conductors, bookers, checkers, load unloaders, associations, committees, private sector employees, self-employed) in accordance with the contribution-based Social Security Fund Act, 2074, and for this, recommend the establishment of social security fund mechanisms in all provinces as soon as possible. Recommending that when renewing the documents of vehicles by the Transport Management Office, it must be listed in the Social Security Fund on the minimum basis and to make legal arrangements for its implementation and monitoring by the relevant Transport Management Office in coordination with the Social Security Fund
6.
Devendra Dahal, Minister, Physical Infrastructure and Ministry of Transport
Devendra Dahal, Minister, Physical Infrastructure and Ministry of Transport
Requesting the relevant bodies for the speedy implementation of the Supreme Court's order of 2081 Chait 19, 2081 Chait 19 regarding the lifespan of public vehicles
Public transport did not run on Tuesday, as a result of which the common people had to suffer. Why?
We sent a letter to the Prime Minister's Office based on the agreement reached between the Ministry of Transport and the transport business on physical infrastructure. The Office of the Prime Minister and the Council of Ministers has already sent a letter to the Gandaki state government to postpone the regulations related to ride sharing. Public transport will operate from Wednesday.
According to the agreement between the ministry and the transport businessmen, the ride-sharing company that is being used by the general public will be more discouraged, won't it?
is not like that. The Bill prepared by the Physical Ministry mentions how to manage ride sharing. Not all vehicles should be ride sharing. Red plate vehicles are not allowed to ride sharing. After the law is made, it will be clear who will be able to ride sharing and who will not. Private, public transport should come under the government's laws.
Why did the government reach the situation where the syndicate had to be abolished seven years ago?
The government is not on the syndicate's side. The agreement with the Transport Professionals Committee does not wake up the syndicate. The government regulates the syndicate by making laws. Action will be taken accordingly. Based on the Supreme Court's decision on 20 Chait 2080, the association has said that it will make a law. In public transport sector, there is no return of syndicate under any circumstances.
The government never talks about improving public transport. Will the government make an agreement with the transport committee that is trying to implement the syndicate?
It is illegal to strike in areas of public transport. I have also spoken in the parliamentary committee against the strike. It is done by sitting down and discussing your requirements with us. The transport businessmen have gone on strike at once. The government does not condone strikes.
Is the state government forced to withdraw the regulations based on the letter written by the federal government? Do not interfere with the right of the provinces to make laws themselves?
The constitution has empowered the union and state governments. Unions and states should exercise their respective powers. Some laws should be made by the state after the Union has made them. The same is to be done in the traffic laws. State laws should not conflict with union laws. We have asked the Gandaki government to suspend the rules on ride sharing for the time being and wait for the union law. The Union has been asked to wait as the bill has reached its final stage. We are not trying to interfere with the province.
