Kathmandu, September 27
The Public Service Commission (PSC) has submitted its opinion on the Federal Civil Service Bill to the government.
Lokhari Basyal, joint secretary at the Ministry of Land Management, Cooperatives, Federal Affairs and General Administration, confirmed that the commission’s response was received last Thursday.
However, the ministry has not yet reviewed or discussed the recommendations.
“We received the opinion, but I have not reviewed it yet. It also needs to be discussed within the ministry,” Basyal told Onlinekhabar. “The discussion has been pending due to holidays and other reasons.”
The Cabinet meeting held on September 11 had decided to send the draft bill to the PSC for consultation. The draft was sent to the commission the same day.
At the time, Minister for Land Management, Cooperatives, Federal Affairs and General Administration Pratibha Rawal had said the government would move ahead with the bill after receiving the PSC’s recommendations.
The Civil Service Act requires the government to consult the PSC while preparing legislation concerning the terms and conditions of civil servants.
The bill had already received approval from the Ministry of Finance and the Ministry of Law, Justice and Parliamentary Affairs to move forward.
Following the PSC’s consultation, the government can now study the recommendations and proceed with the bill. Once the Cabinet authorises the Ministry of Land Management, Cooperatives, Federal Affairs and General Administration to register the bill in the Federal Parliament, it can be formally introduced.
Bill linked to federalism implementation
The Federal Civil Service Bill is considered important for implementing Nepal’s federal structure.
Although the country has already undergone civil servant adjustment following the transition to federalism, questions remain over recruitment, authority and the administrative relationship among federal, provincial and local governments.
Provincial Public Service Commissions have also been established constitutionally. However, federal government employees continue to serve in provincial and local governments.
In previous attempts to pass the bill, the government had proposed keeping provincial chief secretaries, provincial ministry secretaries, local-level chief administrative officers and accounting officers under the federal government.
The proposal faced objections that retaining federal employees in provincial and local governments would run contrary to the spirit of federalism.
The government has not yet made public how these issues have been addressed in the latest draft.
Debate over retirement age
The proposed bill also includes a controversial provision on the retirement age of civil servants.
The government has prepared a draft proposing mandatory retirement at the age of 55 or after 30 years of service.
The PSC’s opinion on the proposed retirement provision has also not been made public.
According to the Ministry of Land Management, Cooperatives, Federal Affairs and General Administration, employees retiring at 55 would be treated as having completed 58 years of service for pension purposes. The ministry says this would prevent a reduction in pension benefits for those taking early retirement.
However, officials within the ministry have reportedly not provided a clear explanation for why the provision has been proposed.
Could the bill come through an ordinance?
There is also speculation that the government could introduce the civil service legislation through an ordinance.
The current session of the Federal Parliament is expected to end around October 2 or 3, with the House of Representatives’ parliamentary calendar prepared up to October 2.
If the government chooses to introduce the Civil Service Act through an ordinance, it could do so soon after the parliamentary session ends. If it proceeds through the regular bill process, implementation could take several more months.
The government is preparing to call the next parliamentary session only in January after ending the current session in October.
Once a bill is registered in Parliament, it must go through principle-level discussion, followed by a 72-hour period for lawmakers to submit amendments. The bill and proposed amendments then undergo clause-by-clause discussion.
The process must take place in both houses of Parliament. After both houses pass the bill, it is sent to the President for authentication and comes into force as an Act after promulgation.
