Eight trade unions representing government employees have strongly objected to the amendment to the Civil Service Act proposed recently by the government. 

The trade unions, which are close to various political parties, submitted a memorandum to the secretariat of Minister for General Administration Lal Babu Pandit on Monday stating that the minister did not hold consultations with them prior to tabling the fourth amendment to the existing Civil Service Act at the Cabinet. 

“Though we are among the stakeholders, the minister did not even hold a meeting with us prior to tabling the amendment ordinance in the Cabinet. We are serious over this issue,” Nepal Civil Employees Association Chairman Shobhakar Regmi told Republica. 

Regmi said that Minister Pandit’s attempt to amend the act through an ordinance was not the right way as it bypasses Parliament. “It is completely ill-intentioned on the part of Minister Pandit to amend the act through an ordinance. Why has the minister chosen this period when Parliament has been prorogued just a few days ago and is resuming after a week?” 

However, Pandit said that it was not necessary to hold discussions with the trade unions prior to amending the act as he had spoken many times on the issue at public forums. The government was planning to amend the act through an ordinance. Once the next Cabinet meeting endorsed the amendment, it would be forwarded to the president for endorsement. Later, the ordinance would be endorsed by Parliament’s budget session. 

“As I have announced at public forums that the law would be amended to take stern action against serving government officials holding permanent residency in foreign countries or diversity visas, the trade unions are unhappy with my decision,” Pandit said. 

He also said that there was no need to hold meetings with the trade unions prior to tabling the amendment proposal in the Cabinet. 

“I won’t entertain any kind of pressure with regard to the amendment of the act. There is no reason to hold talks with the trade unions in this regard,” the minister said. 

Issuing a joint statement Monday, the eight trade unions, namely, Nepal Civil Employees Organization, Nepal National Civil Employees Organization, Rastriya Swatantra Karmachari Milan Kendra, Nepal Madhesi Civil Employees Forum, Nepal Rastrasewak Karmachari Sangathan, Nepal Civil Employees Association and National Civil Employees Organization, urged the government to amend the act through a ‘democratic’ process after holding consultations with all stakeholders. 

Talking to Republica, Nepal National Civil Employees Organization Secretary Birendra Basnet said that Minister Pandit’s attempt to amend the Civil Service Act through an ordinance was similar to what the governmen headed by then king Gyanendra did in 2005. 

“King Gyanendra failed to amend the act as he moved ahead without holding consultations with the political parties affiliated to the trade unions. That was an undemocratic move. Minister Pandit’s attempt is quite similar to Gyanendra’s attempt,” Basnet added. 

Basnet said that they are not against the government’s move to take stern action after amending the act against serving civil servants holding dual nationality. “This should be applicable not only to government officials, but equally to parliamentarians, political leaders and others who hold public office,” Basnet said. 

The Cabinet meeting forwarded the draft amendment to the Civil Service Act to the bills committee along with its provision for stern action against civil servants holding Green Cards or permanent residency in foreign countries. 

According to the draft amendment now under consideration at the bills committee, serving government officials holding dual nationality will be given a chance to voluntarily abandon their dual nationality within a month after the new law comes into effect. Officials can continue in their government posts if they relinquish their dual nationality, according to the draft. However, the amendment would bar serving government officials from holding Green Cards or permanent residency in foreign countries in future. 

Officials found holding dual nationality would be sacked and not allowed to take up government posts in future. The amendment will also be applicable to government officials who take up dual nationality after retirement. 

Published on: 06 May 2014 | Republica