The government and the ruling party bowed down to the top staff, the crisis over the civil service bill

The MPs in the committee have demanded that the bill be passed through the process. It is not certain whether the chairman will be ready for that situation or not.

भाद्र १७, २०८२

जयसिंह महरा

The government and the ruling party bowed down to the top staff, the crisis over the civil service bill

What you should know

A crisis has arisen in the National Assembly over the Federal Civil Service Bill. The crisis has arisen as to whether the bill will be passed by the committee of the National Assembly and will reach the Assembly or not.

After the high-ranking employees put pressure on the government and the ruling parties regarding the provision of retirement due to the age limit of section 58 of the bill, doubts have arisen whether the bill will be passed or not. After high-ranking employees put pressure on General Administration Minister Bhagwati Neupane, Secretary Ravilal Panth and MPs of ruling Congress and UML to reverse the decision made by the Legislation Management Committee, the committee has been deadlocked for three days and the time to pass the bill is ending on Tuesday. The bill is stuck in the committee.

Legislation Management Committee unanimously passed the retirement age implementation method from Friday's meeting. According to which, in the year the bill was passed, the officials including the secretary of the ministry and the officials of the law ministry agreed to arrange for civil servants to retire at the age of 58.

In the next fiscal year 2083/84, the system for civil servants to retire at 59 years of age was passed unanimously, and from the fiscal year 2084/85, the retirement age at 60 years was to be implemented . This arrangement was unanimously passed by the House of Representatives. Even at that time, there was a wide discussion about what kind of implementation method should be adopted when making the age limit 60 years.

The State Administration Committee also sought advice from the Public Service Commission. At that time, the members and secretary of the Public Service Commission including Chairman Madhav Regmi suggested a three-stage method in the state system meeting. Public service has submitted a written suggestion to the committee that the compulsory retirement age of civil servants will be 58 years until the current financial year, 58 years and 6 months for the first 6 months, 59 years for the second year and 60 years for all employees after 1 year.

As the bill will be passed in the last fiscal year, those who are going to retire due to age limit in the current financial year 2082/83 including the Chief Secretary Aryal have tried unsuccessfully to disable the cooling off period with the assumption that their term of office will be extended by at least 1 year . Chief Secretary Aryal and General Secretary of Parliament Padma Prasad Pandey and secretaries publicly pressured Parliament and political leadership to remove the provision of 'cooling off period' which prevents them from getting constitutional, diplomatic and government appointments for 2 years after resignation or compulsory retirement. They put pressure on the executive, legislature and political party leaders by tying them. Such action was also commented by the cheating investigation committee during the cooling off period as against official dignity .

After public pressure, the campaign to remove the cooling off period of 2 years failed, on the other hand, the bill was not passed in the previous fiscal year. Meanwhile, the Legislation Management Committee of the National Assembly unanimously passed the 60-year age limit implementation method passed by the House of Representatives last Friday. Secretary Ravilal Panth, Joint Secretary Meera Acharya and Joint Secretary Man Bahadur Aryal of the Ministry of Law, who were sent by Minister Neupane with a message that he would be absent, remained silent when the committee passed the 60-year implementation procedure. After the committee passed the law to retire at the age of 58 in the current financial year, the top staff put pressure on Minister Neupane and Secretary Panth.

In the meeting on Saturday, the minister held the opinion that the decision made the previous day should be reversed. In the committee meeting that was held on Sunday and Monday, he insisted that the bill will not go forward if the decision on the age limit implementation method made by the committee on Friday is not amended. In which MPs of Congress and UML agreed to reverse their decision, MPs of opposition parties Maoist, United Socialists, and JSP Nepal maintained that under no circumstances should the unanimously passed decision be reversed. The opposition is in the majority in this committee.

In Monday's meeting, Minister Neupane said that the decision made by the meeting in her absence cannot be accepted. The committee passed dozens of clauses of the bill on the same day in his absence. "We have to respect everyone's feelings, there is a need to encourage the employees to dedicate themselves to the national service. Therefore, we have to be flexible about some things," she said with a stance that the decision of the committee should be reversed, "There is a provision in the National Assembly rules that every meeting should be discussed in the presence of the minister. I could not be present on that day, I have also informed about the matter that I could not be present. This issue is from the government. Let the honorable people accept and accept this from the government. Accept my persuasion, Vinay, she said.

The pressure of the minister to reverse the committee's decision is also reflected in this expression. She is only doing persuasion without giving the facts and reasons for doing so . However, the joint secretary and secretary of the ministry, who expressed silent support when the provision was passed, said that the committee should reverse its decision due to technical reasons. The committee members are not convinced that it will affect the parliament.

Integrated Samajwadi MP Beduram Bhusal reminded that even if he is not a minister, the committee should hold a meeting, take a decision and accept that decision by the government and the minister . Maoist MP Jhakku Subedi said that the minister and the ruling MP were in favor of overturning the committee's decision under the pressure of some employees. Some employees are under a lot of pressure to extend their tenure. "Basically, we feel that the ruling party MPs are under a lot of pressure," he said. It is a unanimous decision.'

Congress MPs Krishna Prasad Sitaula, Anand Prasad Dhungana and Krishna Bahadur Rokaye were of the opinion that the Minister should accept the committee's decision as they requested to reverse it. Sitaula said, "We have to adopt flexibility in this after all this has come from the government". There is no harm in compromising on this matter.'

In the National Assembly, UML chief whip Gopal Bhattarai warned that the bill cannot be passed by the parliament unless the decision made by the ruling party is reversed. Some keep their disagreements while running the government. Regarding the cooling off period, Parliament should help. Let's proceed without difficulty . If the government remains adamant about that, it may become difficult to pass the bill through the parliament,' he said. Speaker Tulsa Dahal has to pass the bill and submit the report to the parliament for it to be passed by the committee, while the Minister of General Administration has to submit a proposal in the National Assembly meeting to pass it. The chairman of the committee and the minister are from UML .

After the opposition MP refused to reverse the decision, Minister Neupane walked out of the meeting saying that she should discuss it with the members of the Cabinet. which the MPs opposed . MP Radheshyam Paswan said, "Because of some secretaries, the bill is being stalled". If the bill is stalled, the minister and the Speaker should take responsibility.' He urged Speaker Dahal to pass the bill through the process. MP Suresh Alemgar demanded, "We cannot back down from that decision." MP Taraman Swar accused the committee secretariat of not writing a report and being involved in manipulation. If the bill is inactive, will the minister and the chairman take responsibility? Why was the report not prepared? The game has started," he said.

While the minister was out and the committee members were demanding a report on the bill, the deputy secretary of the committee secretariat, Numraj Khanal, said that he would write the report only after the chairman announced that the discussion on the bill was over. "As long as the discussion continues, the report will not be made," he said. Then he was also left out of the committee . MP Jhakku Subedi alleged that the committee secretariat is also going to fail the bill. It is also necessary for the committee secretariat to understand well that the government has dominated the parliament. The government began to instruct the parliament. The secretariat is not of the ruling party, but of the committee. It should prepare a report, if not we will. We will sit one by one from each party and prepare," he said. "We have a dispute with the minister, not with the secretariat. Not a Government Secretariat . The decision has been taken unanimously, said the chairman.' 

Speaker Dahal announced that the meeting has been adjourned till 9 am on Tuesday when the opposition parliamentarians are demanding that the report cannot be reversed and it has been passed unanimously.

The government and the ruling party bowed down to the top staff, the crisis over the civil service bill

According to the data of National Library, 2 thousand 211 employees including Chief Secretary Aryal, 21 Secretaries and 78 Joint Secretaries are going on compulsory retirement in the current financial year. Among them, 360 employees have retired by 16 August. Chief Secretary Aryal is going on compulsory retirement on December 10 due to the age limit of 58 years.

Prime Minister and Cabinet Office Secretary Phaninder Gautam, Secretary of the Ministry of Home Affairs Gokarnamani Duwadi on November 10, Keshav Kumar Sharma, Secretary of the Ministry of Physical Infrastructure and Transport, Keshav Kumar Sharma, Secretary of the Ministry of Physical Infrastructure and Transport, and Krishnahari Puskar, Secretary of the Ministry of Labour, Employment and Social Security, are going on retirement on June 24, 2083. MPs and employees have said that secretaries in powerful and economically influential ministries such as physical infrastructure and transport, water supply, labor, employment and social security, home, etc. are trying to increase their tenure. If the votes are divided in the

committee, the clear majority of the opposition has demanded that the parliamentarians in the

committee pass the bill through the process. It is not certain whether the chairman will be ready for that situation or not. She has claimed that the bill will be passed on Tuesday, but she has not opened her mouth to say by which method. The opposition parliamentarians have demanded that it be decided by division of votes. If that happens, the ruling party will be in the minority. The committee consists of 7 MPs from the ruling party and 8 MPs from the opposition. The presidents of the ruling party are Tulsa Dahal, Anjan Shakya, Anand Dhungana, Krishna Sitaula, Krishna Bahadur Rokay, Gopal Bhattarai and Vishnudevi Pudasaini.

President Dahal will be able to vote only if there are equal votes on both sides . In the event of a tie, there will be 6 MPs on the ruling side and 8 MPs on the opposition. The opposition MPs are Suresh Alemgar, Radheshyam Paswan, Mrigendra Kumar Singh, Beduram Bhusal, Taraman Swar, Jhakku Subedi, Jayanthi Rai and Gangakumari Belvase.

What will happen if the bill is not passed by the National Assembly on Tuesday?

It will be 60 days since the Civil Bill was passed by the House of Representatives and entered the parliamentary process in the National Assembly. According to the constitutional provision, the National Assembly is under pressure to send the Civil Bill back to the House of Representatives by 12 midnight on Tuesday. However, the bill is stuck in the committee due to the dispute whether to extend the tenure of the chief secretary and some secretaries by 1 year or not.

In the event that the Civil Bill is not passed by the National Assembly on Tuesday, the representative can pass it and send it to the President for verification. Article 111 of the Constitution provides for this. If the bill passed by the House of Representatives and sent to the National Assembly is not passed and sent back within two months, the House of Representatives may submit the bill to the President for verification by the decision of the majority of the existing members.

जयसिंह महरा महरा विगत ९ वर्षदेखि पत्रकारिता गरिरहेका छन् । उनी राजनीतिक घटनाक्रम तथा संसदीय मामिलाका समाचार लेख्छन् ।

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