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

    COVID19

    Features

    7 min read

    Exploited abroad, unemployed at home

    Ishita Shahi - March 22, 2021

    Women migrant workers fled abusive conditions to come home, but with no jobs and no savings, many of them are preparing to leave again.

    Perspectives

    10 min read

    Corona quandaries

    Ayushma Regmi - March 22, 2020

    We cannot protect ourselves if we don't protect others. And the time to act is now.

    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

    Week in Politics

    4 min read

    Sapkota sworn in as Speaker, NCP gains in NA, farmers continue protest

    The Record - January 28, 2020

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

    Explainers

    7 min read

    Understanding the Tharu perspective on the 2015 Tikapur incident 

    Prasansha Rimal - September 2, 2021

    Six years since Tikapur, Tharus have been demanding that the incident be treated on par with other violent protests — as a political movement rather than a criminal act.

    Features

    6 min read

    Physical distancing a luxury many cannot afford

    Ayushma Regmi , Ishita Shahi - June 4, 2020

    Many migrant families in Kathmandu share cramped flats with each other, making physical distancing and self-quarantining impossible

    COVID19

    News

    5 min read

    High-profile figures test positive as Kathmandu sees uptick in Covid cases

    The Record - August 28, 2020

    The government’s recent stringent measures seem to be a response to more and more public figures getting infected

    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