LOGIN DASHBOARD

    Explainers

    3 MIN READ

    7 things to know about controversial Federal Civil Service Bill

    The Record, August 16, 2019, Kathmandu

    7 things to know about controversial Federal Civil Service Bill

      Share this article

    Changes that the proposed bill will have on civil service

    (The Record)

    Undeterred by an unsuccessful attempt to impose new civil service regulations through ordinance, the government is now working on a Federal Civil Service Bill. If passed, the bill would significantly curtail the rights of the civil servants’ trade unions, infringe on the jurisdiction of provincial and local governments, and reduce civil service entrance quotas for marginalized communities. Parliament’s State Affairs and Good Governance Committee stopped the issuing of the ordinance, directing the government not to bypass the House while bringing in such important legislation. The bill, now being discussed clause-wise in parliament, has met with widespread criticism from civil servants, legal experts and lawmakers. Here’s what you need to know about it:

    1) The bill allows the government to approve en masse resignations of civil servants.

    The provision was incorporated during a clause-wise discussion on the bill at the State Affairs and Good Governance Committee. Supporters say this is a much-needed step to empower the government in withstanding unfair pressure from civil servants’ unions and an end to the common practice of shutting down critical services like health facilities and educational institution. Civil servants, including doctors and teachers, have long used mass resignation as a bargaining tool. In recent months, the government has been struggling to depute civil servants to the local and provincial government, as unions resist and warn of protest: “[Transferring civil servants] is easier said than done. There would be no surgeries if 25 anesthesia doctors resigned at once,” Lekhnath Koirala, chairman of Nepal Civil Servants Organization, warned at a press conference on August 9.

    2) There would be only one civil servants’ union.

    The bill seeks to end the forming trade unions along party lines. There are currently more than half a dozen trade unions of civil servants. The unions argue that such a provision would be against labour rights, specifically the right to unionize. The bill also seeks to bar gazetted officers (section officer and above) from leading unions. This means that almost all leaders of the civil servants' unions, including Punya Prasad Dhakal, the chairman of Nepal Civil Service Employees’ Association, an umbrella association of all unions, will have to step down once the bill comes into effect.

    3) Quotas for marginalized and backward communities would be reduced.

    Once the bill comes into effect, prospective candidates from these communities may benefit from reservations just once during their career in government service, either at the gazetted third class level or any other officer-level position, or in any non-gazetted positions. Under the existing laws, candidates from designated communities are entitled to vie for quotas at all stages of their career.

    4) Tharus and Muslims would have their own categories in reservations.

    Earlier, candidates from these communities trying to enter the civil service had to compete under quotas allocated for Adiwasi/ Janajatis. The 45 per cent seats reserved for marginalized communities has been re-allocated as follows: 

    • Adiwasi/ Janajati: 24 per cent, down from 27 per cent
    • Madhesi: 20 per cent, down from 22 per cent
    • Dalit: 9 per cent
    • Differently abled: 4 per cent, down from 5 per cent 
    • Backward areas: 4 per cent 
    • Tharu: 4 per cent 
    • Muslim: 3 per cent 
    • The backward districts are Accham, Kalikot, Jajarkot, Jumla, Dolpa, Bajhang, Bajura, Mugu and Manang.
    5) 50, rather than 33 per cent of entry level positions could be reserved for women.

    This would be broken down as follows:

    • Khas/ Arya: 31 per cent 
    • Adiwasi/ Janajati: 22 per cent
    • Madhesi: 20 per cent 
    • Dalit: 10 per cent
    • Tharu: 5 per cent
    • Differently-abled: 5 per cent 
    • Backward areas: 4 per cent 
    • Tharu: 4 per cent 
    • Muslim: 3 per cent
    • As in the general reserved category, the backward districts are Accham, Kalikot, Jajarkot, Jumla, Dolpa, Bajhang, Bajura, Mugu and Manang.

    6) The prime minister could appoint secretaries in provinces.

    This provision also allows the central government to carry out inter-government transfer of staff at the province and local government. Critics say such strengthening of the centre is against the spirit of the constitution. Article 285 Clause 3 empowers the provincial cabinet and executives of rural and urban municipalities to form various government services. Under its provisions, staff deputed to the provinces and local levels would not be able to return to the federal service, but would be entitled to automatic promotion, increased perks and pension based on contribution.

    7) High officials would no longer be hired through direct competition.

    The government currently hires at the undersecretary and joint secretary levels through the internal and external competition, in an attempt to attract experts and skilled manpower through lateral entry into the public service.



    author bio photo

    The Record  We are an independent digital publication based in Kathmandu, Nepal. Our stories examine politics, the economy, society, and culture. We look into events both current and past, offering depth, analysis, and perspective. Explore our features, explainers, long reads, multimedia stories, and podcasts. There’s something here for everyone.



    Comments

    Get the best of

    the Record

    Previous Next

    YOU MAY ALSO LIKE

    Features

    4 min read

    For the working class, more than health is at stake

    The Record - March 29, 2020

    The coronavirus is fast becoming a financial crisis that is set to have a disastrous impact on the wellbeing of the already marginalised

    Explainers

    8 min read

    Scamming doctors; waffly bureaucrats; repetitious Dahal, Bhattarai, NC

    The Record - September 29, 2019

    The week in politics: what happened, what does it mean, why does it matter.

    Week in Politics

    5 min read

    Censorship online, TJ issues, aid problems, threats

    The Record - January 20, 2020

    The week in politics: what happened, what does it mean, why does it matter?

    COVID19

    News

    3 min read

    Covid19 Roundup, 21 April: Covid19 cases reach 42 & more

    Record Nepal - April 21, 2020

    A daily summary of Covid19 related developments that matter

    Perspectives

    8 min read

    How India saved the Oli government

    Roshan Sedhai - June 17, 2020

    The ongoing border dispute, inflamed by India, has given back the reins of the country to an otherwise faltering premier

    Week in Politics

    4 min read

    Health crises aside, PM Oli says he’s still top dog

    The Record - December 2, 2019

    The week in politics: what happened, what it means, why it matters.

    Perspectives

    8 min read

    Lessons from the farmers’ protest in India for Nepal’s agriculture

    Jagannath Adhikari - March 10, 2021

    Nepal will be inviting FDI in agriculture, when it is India’s involvement of corporate interests in its agriculture sector that has led to massive protests.

    Features

    4 min read

    A never-ending saga of power tussles: The NCP edition

    The Record - November 22, 2020

    The chronic in-fighting between Oli and Dahal has reached a point where a party split looks imminent

    • About
    • Contributors
    • Jobs
    • Contact

    CONNECT WITH US

    © Copyright the Record | All Rights Reserved | Privacy Policy