KATHMANDU, Oct 25: Youth and Sports Minister Tejulal Chaudhary has appointed a National Secretary for Nepal Scout, despite the absence of such a provision in the regulations. Scout's Regulations-2075 (Amended 2080) do not include a National Secretary role. A 2015 World Scout Audit recommended amending the Nepal Scout Act to eliminate this position, which had existed until 2015. As a result of this recommendation, the provision was removed from the regulations. The amendment to the Act now requires parliamentary approval, and the process for this has commenced.
Similarly, World Scout has recommended the appointment of an executive director to manage the office's operations. A draft for amending the law, which included provisions for this executive director role, was prepared and presented to the Council of Ministers. However, the process stalled due to a change in government. The draft has since returned to the ministry and is now with the ministries of finance and law for further suggestions.
As the Act which provides for a National Secretary is in the process of amendment, efforts are being made to reinstate provisions that had previously been repealed. On the directives of Minister Chaudhary, Shiva Ram Aryal has been appointed as the National Secretary, a position not recognized by the current regulations.
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A National Council meeting has been called for October 26 to provide legitimacy to Shiva Ram Aryal's appointment, which occurred on August 11—despite the position not being recognized by the regulations. Minister Tejulal Chaudhary accepted Aryal's resignation from the National Executive Member (Commissioner) role on August 9, making this decision without consulting anyone in the ministry about his transition to the National Secretary position.
Despite the lack of regulatory provisions, Aryal has also been designated to a position the perks of which are equivalent to that of a joint secretary of the Government of Nepal. Questions have been raised regarding his qualifications, as the regulations do not specify criteria for such an appointment. Scout member Santosh Kumar Thapa emphasized that the concern is about the process, not the individual. He noted that a writ petition has been filed, stating, "We have even approached the Supreme Court to ensure that the law is followed."
According to Thapa, the National Secretary position is an administrative one, and eligibility is mandatory for such a role. He argues that appointing someone resigning from an elected role to an administrative position is illegal, suggesting that qualification criterias were disregarded in this case. Minister Chaudhary first appointed Aryal and then initiated the process to revise the regulations, making the National Secretary appointment a central agenda for the National Council meeting.
The post of National Secretary has now been added to Rule 5(3) of the proposed regulations. Additionally, Rule 5(5) outlines a procedure for appointing the National Secretary in line with Section 19(2) of the Scout Act.
Despite the requirement for the appointment to adhere to the specifications in subsection 2 of Section 19 of the Scout Act 2050, Minister Chaudhary's actions are seen as arbitrary and contrary to the law, lacking the necessary regulatory framework. An employee expressed that this situation represents a failure of good governance. They noted that the Commission for the Investigation of Abuse of Authority (CIAA), National Vigilance Center, and parliamentary committees are closely monitoring the minister's controversial decision. The employee also pointed out the inconsistency in Minister Chaudhary's actions, as he removed the National Secretary position in the law amendment draft but simultaneously sought to amend the regulations to reinstate it. Likewise, Thapa said that scout supporters are preparing to draw Prime Minister KP Sharma Oli's attention to this issue.
According to Scout rules, once appointed to an official position, individuals cannot receive a salary. Scouts operate under a universal principle of volunteerism, emphasizing service over financial compensation.
