KATHMANDU, Sept 19: Lawmakers have recently introduced amendments to Acts not included in the Bill 2080, which aims to amend some Nepal Acts, raising concerns among legal experts and the parliamentary community. Notably, Act 2075, focusing on the remuneration of the General Secretary of the Federal Parliament, the Secretary of the House of Representatives, and the Secretary of the National Assembly, was not mentioned in the Bill to amend some Nepal Acts.
The practice of amending multiple laws simultaneously has been met with skepticism, as it may prevent lawmakers from thoroughly examining proposed changes, potentially leading to unintended consequences. Legal experts have argued that unless such amendments are constitutionally mandated or deemed absolutely necessary, they should not be amended at once.
In the proposed amendments, it is suggested that the general secretary and secretary of parliament be assigned a special class designation, and the retirement age be increased from 58 to 60 years. Previously, the Act did not classify their roles. The term ‘Secretary General’ is defined to mean the Secretary General of the Federal Parliament, while ‘Secretary’ refers to the Secretary of the House of Representatives and the National Assembly.
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Section 5 of the Bill outlines a five-year term of office for these officials, with the possibility of re-appointment, while stating that they shall not remain in office once they reach the age of 58. Despite the inherently political nature of these appointments, the proposed amendments aim to align them with the benefits provided to Public Service Commission employees.
Additionally, Section 7 of the Act has been targeted for amendment, suggesting the inclusion of housing allowances, educational allowances, budget incentives, insurance coverage, and pension benefits for the General Secretary and Secretary of Parliament. This is a significant departure from the previous Act, which stipulated that the General Secretary would receive remuneration equivalent to that of the Chief Secretary and the secretaries of the ministries.
While there is a provision for pension eligibility after 20 years of political appointment, those serving as Secretary General and Secretary of Parliament for over 15 years will not qualify for a pension upon retirement. To address this, the proposal includes a provision to credit a maximum of five additional years of service to ensure pension eligibility.
Lawmakers, including Santosh Periyar, Sumana Shrestha, Pradeep Yadav, Ranju Kumari Jha, Rajendra Kumar KC, Amresh Kumar Singh, Rajendra Prasad Pandey, Gokul Baskota, Achyut Prasad Mainali, Thakur Gaire, Deepa Sharma, and Ishwari Gharti Magar, have been implicated in registering these amendment proposals. Officials from the parliament secretariat have described the amendments to the unregistered Acts as an act of negligence, emphasizing the importance of comprehensive legislative review.
While registering amendment proposals on several of the 79 bills received by parliament, lawmakers have proposed various changes, with Sushila Thing and Maina Karki seeking an amendment to Section 2 of Police Act 2012 Amendment Bill, to incorporate mandatory retirement provisions in the Act as well and to remove the 30-year service provision and execute retirements on the basis of age alone.
