KATHMANDU, Sept 21: The implementation of federalism in Nepal has faced significant challenges due to the non-passage of the Federal Civil Service Bill. Minister for Federal Affairs and General Administration, Anita Devi, acknowledges the difficulties in implementing federalism through administrative means.
Minister Devi emphasized that local and provincial governments should have the authority to appoint, reassign, develop careers, and transfer employees according to their needs. However, there have been complaints that the federal government has been unable to intervene in these matters. To address this issue, preparations have been made to introduce the Federal Civil Service Bill, which will encompass these crucial issues.
Recent developments include the decision of the Council of Ministers to present the Federal Civil Service Bill in parliament. It's worth noting that the leadership in the Ministry of Federal Affairs and General Administration (MoFAGA) has changed during this process. In the absence of the Federal Civil Service Bill, the Civil Service Act of 2049 BS has been utilized for personnel administration. However, this law was established when Nepal operated under a unitary system of governance, and the shift to federalism necessitates updated legislation.
Bill bars local units from recruiting civil servants
The Constitution of Nepal stipulates that the Federal Civil Service Bill will serve as the guiding framework for personnel administration laws at the provincial and local levels. Nevertheless, the absence of a central-level law has hindered the creation of administrative laws at the provincial and local levels. It has been five years since the staff adjustments in the three tiers of government took place, yet significant staff shortages persist in provincial and local governments.
For example, many ministries in Madhesh Province lack province secretaries, with lower-level employees taking on their responsibilities. Similar shortages are seen in Karnali Province and Sudurpaschim Province. Additionally, employees above the Deputy Secretary rank do not stay outside Kathmandu for more than six months, while province secretaries and province chief secretaries do not leave the valley for more than three months.
Frustrated by the trend of high-level employees remaining in Kathmandu, some provincial governments have called for amendments to the Employees Bill to place province secretaries under provincial jurisdiction. The belief is that this change would discourage provincial secretaries from staying in the capital city.
Efforts to pass the Federal Civil Service Bill date back to 2074 BS, following the House of Representatives' election. Despite multiple changes in leadership at MoFAGA, the Bill has not been implemented. Each new minister has pledged to prioritize its passage, but these promises have not been executed in practice. There have also been announcements about passing the Bill through ordinances, but these attempts have also failed, leaving the administration sector, typically seen as stable, in a state of instability. This instability has contributed to the challenges in implementing federalism administratively.
One solution proposed by the workforce is to strengthen provincial and local governments while reducing the number of employees at the central level. A committee has recommended reducing the number of federal government secretaries from 73 to 45, although it remains uncertain whether this proposal will be adopted.
Between 2070 BS and 2076 BS, two separate high-level committees were formed to address administrative reforms and empower federal administrative restructuring under the chairmanship of Kashiraj Dahal. These committees have submitted reports on four occasions, but the implementation of their recommendations remains uncertain.
