While the Chief Secretary, the Secretary General of the Parliament and the Secretary to the Government are protesting about the 'cooling off period', the interest of all parties has increased in the final parliamentary discussion on this bill as different amendments have been made even by the parties.
What you should know
The Legislation Management Committee under the National Assembly has been deliberating every week since Wednesday on the Civil Service Bill, which is designed to nullify the provision of 'cooling off period', which prevents the appointment of non-governmental organizations for two years after the mandatory retirement or resignation of civil servants, which conflicts with constitutional, diplomatic and governmental interests.
While the Chief Secretary, the Secretary General of the Parliament and the Secretary to the Government are protesting about the 'cooling off period', the interest of all parties has increased in the final parliamentary discussion on this bill as different amendments have been made even by the parties.
The Prime Minister's party, UML, along with LOSPA and nominated MPs have submitted an amendment saying that 'cooling off period' should be removed. MPs Gopal Bhattarai, Indira Devi Gautam, Rukmini Koirala, Sumitra BC, Anjan Shakya and Shekhar Kumar Singh have moved the amendment against the 'cooling off period'.
The MP of the main opposition Maoist has filed an amendment to increase the 'cooling off period' and make it 3 years. Congress and Jaspa Nepal parliamentarians are in favor of removing the fraud in the House of Representatives by keeping the 'cooling off period' for 2 years. Maoist, Congress, S, Jaspa Nepal and Jan Morcha's amendment proposal is in favor of 'cooling off period'.
MP Suresh Alemgar, Urmila Aryal, Gangakumari Belbase, Gopi Bahadur Sarki Achami, Jagprasad Sharma, Jhakkuprasad Subedi, Taraman Swar, Nar Bahadur Bista, Manrupa Sharma, Radheshyam Paswan, Renu Chand, Sri Krishna Prasad Adhikari, Beduram Bhusal, Uday Bahadur Bohra, Gomadevi Timalsina, Ghanshyam Rizal, Madan Kumari Shah, Rajendra Laxmi Gayre, Savitri Malla, Tulprasad Vishwakarma, Bhuwan Bahadur Sunar, Krishna Bahadur Rokay, Anand Prasad Dhungana, Kiranbabu Shrestha, Jitjung Basnet, Bishnu Bahadur Vishwakarma, Mrigendra Kumar Singh Yadav, Pooja Chaudhary, Mohammad Khalid and Padam Pariyar have submitted amendments in favor of 'cooling off period'.
The State Order Committee under the House of Representatives unanimously passed a report on June 15 with the provision of "cooling off period" in Section 82 (4) of the Civil Service Bill, stating that "Civil servants who have resigned or retired from public service will not be appointed to any constitutional or government position until the completion of two years from the date of retirement".
After putting the provision of 'cooling off period', the provision that was already placed in the bill that 'not to be appointed to a post other than constitutional or diplomatic appointment and any other appointment made by the Government of Nepal' should have been removed. But after it was retained in Section 82 (5A), questions arose everywhere. After that, a 7-member inquiry committee was formed under the leadership of MP Jeevan Pariyar. The committee suggested that the provision of 'cooling off period' should be removed.
UML MPs have said that the 'cooling off period' should be removed by filing joint and single amendments in the Legislative Management Committee of the National Assembly. They gave different reasons. 16 individual and collective amendments have been proposed in the Civil Bill. Under the leadership of UML chief whip Gopal Bhattarai, there is a joint amendment proposal of 5 MPs. UML's Sonam Gelzen Sherpa has a separate amendment proposal. MP Anjan Shakya, nominated by the President, has also registered the amendment. They said that the system of 'cooling off period' should be removed.
Maoists have filed an amendment proposal to amend the two-year period of the House of Representatives in the 'cooling off period' and keep it for three years. Maoist whip Gangakumari Belbase, MPs Krishna Prasad Adhikari, Renu Chand and Manrupa Sharma have registered a collective amendment proposal to keep the 'cooling off period' for 3 years, to remove sub-section 5 of section 82, which has been put in place to make the provision ineffective.
In the theoretical discussion held on Monday in the Legislation Management Committee of the National Assembly, UML Chief Whip Gopal Bhattarai proposed that there should be a comprehensive discussion on the provision of a two-year 'cooling off period'. "We are all committed to making it prosperous by discussing it with legal experts and people from this side," he said. Stating that the 'cooling off period' is related to the conflict of interest, Shakya said that this provision should be kept in the bill made to make arrangements regarding the management of the conflict of interest. She said that the provision of 'cooling off period' in the Civil Bill was not correct as another law had to be brought. In the
committee meeting, Chief Whip of Congress Krishna Bahadur Rokaye said that the National Assembly should be responsible for the provision of 'cooling off period' which has been circumvented in the state system.
Chief Whip Rokaye and MP Anand Prasad Dhungana have put an amendment to remove the system of fraud in the House of Representatives, along with keeping the 'cooling off period' for 2 years. JSP Nepal's Mrigendra Kumar Singh, Mohammad Khalid and Pooja Chaudhary have also filed an amendment proposal that the 'cooling off period' should be 2 years. Maoist MP Suresh Alemgar said that there should be consensus on the provision of 'cooling off period'. "This bill was tampered with in the House of Representatives, cheated, a committee had to be formed to investigate it, the chairman had to resign and the high-ranking staff had to play dumb," he said.
There is a legal provision that a bill originating in the House of Representatives must be sent back to the National Assembly within 60 days of its table. According to this legal requirement, the civil bill must be passed by the National Assembly and sent back within 17 August.
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