Debate in the National Assembly on the 'cooling off period' loophole in the Civil Bill

Ashad 31, 2082

Jaya Singh Mahara

Debate in the National Assembly on the 'cooling off period' loophole in the Civil Bill

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There has been a debate in the National Assembly about the fraud in the 'cooling off period' passed unanimously by the Constitution Committee on the Federal Civil Service Bill. While theoretically discussing the proposal to consider the Federal Civil Bill, the parliamentarians of the National Assembly have called the act of canceling the cooling off period as an unforgivable crime.

On behalf of the government, Minister of Communications Prithvisubba Gurung proposed that it be considered. In the theoretical discussion before unanimously approving the proposal to consider the bill received with the message from the House of Representatives, the MPs said that the bill came late to implement administrative federalism. 

MP Gopi Bahadur Sarki Achami said that a federal civil service bill is necessary to make government service delivery more efficient with the implementation of federalism. "Its discussion has become decentralized instead of focusing on the topic it should be". "The discussion on the cooling off period became controversial," he said. He said that the concerns of the lower level employees should be addressed.  

Member of Parliament Kiran Babu Shrestha said that the bill has provided a legal framework for delegating authority to state and local levels in favor of civil administration. 'The subject of cooling off period is very much controversial . We need to have more discussion on that matter as well,' he said. MP Uday Bahadur Bohora said that the Civil Bill is much awaited. Stating that it is indispensable for administrative federalism, he said that the bill has controversial content.

'Satisfaction cannot be given to everyone, however, there have been complaints from lower level employees including specific employees . They will be resolved,' he said, 'The biggest controversial issue is the cooling off period . It has been disputed in the House of Representatives and has now come to the National Assembly. 82 (5A) of the bill that came unanimously from the State System Committee of the House of Representatives should be seen prominently. An investigation committee has also been formed. The committee will bring out the truth. I believe whoever commits this crime and bullying will be prosecuted under any circumstances.'

The State Law Committee had provided in section 82 (4) of the bill that 'an employee who has resigned or retired from civil service or other government service shall not be appointed to any constitutional or government position before the completion of two years from the date of retirement'. After making this arrangement, section 82 (4A) of the original bill should be amended and the report should be submitted to the House of Representatives. But through the amendment, section 82 (5A) was kept to make the provision of 'cooling off period' made in the previous sub-section ineffective.

In Section 82 (5A), it was said that no appointment can be taken in 'constitutional or diplomatic appointments and any other appointments made by the Government of Nepal'. It was only after the bill was passed by the House of Representatives that it was made public with that arrangement. MP Tulsa Dahal said that the bill was introduced late as it should have come soon. She believed in the management of employees and ending the situation of employees not wanting to go to remote areas . He said that the Civil Bill should be amended according to the Legislative Act. She said that some issues of the bill are controversial. 

MP Mrigendra Kumar Singh Yadav said that they should look deeply into the clauses of the bill. He demanded that the National Assembly should send the controversial bill to the committee for an in-depth discussion. MP Tul Prasad Vishwakarma said that the subject of cheating in the bill passed unanimously by the House of Representatives is objectionable. "There should be an inquiry as to who and how such a change was made," he said, "the culprits should be prosecuted." A heinous crime has been committed here by the high-level employees in a way that they are proud of. This is a crime, it should be properly investigated.'

MP Anjan Shakya expressed serious concern about the bill. "The role of the Public Service Commission has been reduced, which is about the need for independence." It is suspected that the risk of power interference will increase and the federalism will be weakened. There have also been complaints that the provincial government and the local level do not get the required rights and that they do not get enough representation in the decision-making process,' she said, 'It is necessary to amend by including the suggestions of all levels and stakeholders through transparent discussion . If federalism is to be strengthened, the Civil Bill should be its soul. A decentralized and responsive structure is needed, not centralized.'

MP Veduram Bhusal said that as much effort has been made in the development of upper level employees, it is negative for the lower level employees . "Those who work in the dairy industry are not encouraged as much as they should be". Khardar's promotion has been stopped,' he said, 'After 14 months in the House of Representatives, it came to be controversial when he came here. The most discussed and discussed topic of cooling off period has been controversial. We need to discuss and revise a lot of studies.'

MP Urmila Aryal said that the issue of the cooling off period of the Civil Bill has brought a shameful situation. She said, 'It is said that something was found that was not there . There is a big game in it and it is a matter of investigation. It has become a matter of shame for the country . Let's focus on maintaining the cooling off period.'

MP Krishna Bahadur Rokaya said that the bill passed by the House of Representatives should be amended to keep the dignity of the National Assembly high. 'Contrary to the spirit of the unanimous decision of the State System Committee  The clauses came in a conspiratorial manner . Its truth will come from the investigation . This bill will be in the interest of all employees,' he said.

After a long time, MP Bhagwati Neupane said that the Civil Bill is at the stage of being concluded. It took a long time for the state system committee to conclude this bill. In the end, a subject has become a controversial issue. However, the investigation committee will bring out the truth,' she said, 'Unless administrative federalism is strengthened, federalism cannot be strengthened . That is why the question of federalism is being raised today. This bill should have been passed and implemented quickly.' He said that he believes that after the bill is passed and implemented, the staff will be properly organized at the union, state and local levels. She said that there should not be any injustice to the employees from the top to the bottom while creating the law. 

Member of Parliament Jhakkuprasad Subedi said that there was bullying by the staff in the Civil Bill. There are two types of mistakes. A mistake happens, a blunder happens . Here's a blunder now. An unforgivable crime has been committed,' he said. Stating that the cooling off period came after a lot of discussion, he said that it was rendered useless when it was passed by the House of Representatives. MP Jayantidevi Rai said that the cooling off period was rigged to raise question marks on the competence of MPs. 'The bill came by tricking . As a result, the parliamentarians were questioned, proved their incompetence in competence and responsibility. It should be corrected by the National Assembly,' she said. MP Renu Chand said that the selfishness of high-ranking employees prevailed in the non-implementation of administrative federalism.

Minister Gurung said that they are trying to solve the problems seen in the civil service by arranging a cooling off period. "The reason for arranging the cooling off period is to throw out the false coins seen in practice," he said. is open . Then the MPs demand that the bill be sent to the parliamentary committee . 

Jaya

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