Kathmandu. The government is going to make performance evaluation and leadership development of civil servants objective and practical. The bill designed to provide for the formation, operation and terms and conditions of service of the federal civil service has stressed on reforms in the performance evaluation system to make the civil service more work-oriented, result-oriented and service-seeker-friendly.

The Ministry of General Administration and Federal Affairs is collecting suggestions on the bill to refine it based on the people’s wishes and suggestions from the stakeholders. More than six thousand suggestions have been received on the draft of the bill made public last Friday on the issues including compulsory retirement of employees, term limit, promotion and term of the secretary, among others. The incumbent government has given final shape to the draft of the bill based on the conclusion held in the previous meeting of the House of Representatives and the National Assembly.

According to Joint-Secretary at the Ministry, Prakash Dahal, the departmental heads, office heads, joint secretaries, secretaries and chief secretaries will be given promotions, facilities, responsibilities, punishments and rewards through objective evaluation on the basis of indicators. The bill aims to develop the federal civil service as a good governance mechanism by making it politically neutral, professionally competent, strong, service-oriented, accountable to the people, inclusive, transparent, result-oriented, technology-friendly and professional.

Particularly, implementation of administrative federalism, leadership development and promotion have been made the basis of performance evaluation. It is believed that the practice of promotion by giving hundred percent marks in the promotion form will now come to an end as all the topics of opportunity in the civil service are based on performance evaluation. Performance indicators, progress of the annual programme, conduct, discipline and moral test and feedback of service recipients will also be taken for the promotion of the civil servants as permanent government.

In the past, there was criticism that hundred percent marks were awarded due to molahija, hope and fear, even though it was not mentioned anywhere that marks equal to full marks should be given. The bill has made it mandatory to distinguish between employees who are working and those who do not. Experts are of the view that the bill is a step ahead in the implementation of administrative federalism.

A provision has been proposed to extend the one-year term on the basis of the evaluation of the performance of the upper level of the civil service i. e. those who have long experience, subject expertise and expertise. Although the service period of the officers of the fourteenth and thirteenth levels is two years, the government can extend the term of the officers of the thirteenth level on the basis of their efficiency.

A provision has been proposed to fix and extend the tenure of high-level employees in order to make the civil service specialized, leadership development objective and performance practical. Currently, the term of the chief secretary is three years while that of the secretary is five years. The Act also includes the provision of not transferring mature employees in a short period of time.

The bill incorporates the provision related to the cooling period, which was much debated and tug-of-war in the previous House of Representatives and parliamentary committees. A provision of a two-year ‘break period’ has been proposed to make new appointments to constitutional bodies and other bodies of employees who have worked for a certain period of time in the decision-making level.

Similarly, at a time when various reactions are being made public regarding the employees’ trade unions, it has been seen that the state has adopted the international conventions that allow it to take its decision in peace, security and administrative service. According to the general public, trade unions are not necessary to make the civil service impartial, neutral and professional. However, these complex issues covered in the draft will come to a conclusion from the debates in Parliament.

The bill defines how the Civil Service Act can address the voice and grievances of the citizens. According to the proposed draft, the Act will provide for both levels of services in the local service and the State Civil Service Operation Act. After the promulgation of the proposed Act, uniformity will be maintained in other Acts related to it as well. This will ensure the career development and basic services and facilities of the employees of all three levels will be equal.

Ministry officials say that the proposed new bill can be taken as employee-friendly. Employees should be disciplined and contribute to the welfare of the people and the country’s development by utilizing their knowledge, skills and qualifications. It will also address the problems that have been created by the Employees Adjustment Act in the past. The draft also incorporates the administrative interrelations between the three tiers which are not clear in the constitution. It is believed that the bill would also resolve the complexities in the implementation of administrative federalism.

The bill has proposed 10 per cent open competition in the under-secretary and joint secretary category and 10 per cent inter-level competition among the employees of federal, provincial and local levels. This provision is new, which will help in bringing in capable manpower. The bill has proposed to increase the age limit of employees to 60 years. Earlier, the Civil Service Bill had made it mandatory to retire at the age of 58.

The Ministry has claimed that 60 years of service has been proposed for the management of the employees who are mature in policy formulation and service delivery and understand the practices and systems of the government when the skilled manpower with training and experience retires at a young age. It has been noted that retiring at an early age will increase the financial liability of the state.

As per the new Act, there is a provision for retirement at the age of 58 years in the first fiscal year and 59 years in the second fiscal year. In the case of a civil servant of the Gazetted Special Class, the term of office or age shall be on the basis of whichever of the first retirement. The civil service will include economic planning and statistics, engineering, agriculture, justice, foreign affairs, administration, auditing, forest, miscellaneous, education and information technology. There will be a mixed structure of hierarchy and hierarchy in the civil service.

It has been proposed that the officers in the first class will have the fourteenth and thirteenth division, the first class officer the twelfth and eleventh class, the second class officer the tenth and ninth, the third class officer the eighth, seventh and sixth class, the assistant fifth in the first class, the assistant fourth in the second class, the assistant third in the third class, the assistant second in the fourth class and the assistant first in the fifth class.

A person who has completed 21 years of age can compete for the post of non-gazetted or assistant level and 21 years for the post of gazetted or officer. In the civil service, the male candidates can be 32 years and in the case of female candidates not exceeding 35 years of age and a person with disability can be a candidate up to 39 years. Currently, men are 35 years old and women are allowed to enter the civil service up to 40 years.

Former secretary Krishna Hari Banskota said the civil service is taken as a permanent government that is politically neutral, provides its experience and information as per the government’s aspirations and gives necessary advice to stop the activities against the law. “The proposed bill will go a long way in maintaining good governance, by integrating employees into both grades and levels, which will help end discrimination among employees, boost morale and maintain good governance. The board has been made to address the services, security and grievances of the employees. “It has paved the way for bringing in people with special abilities from outside,” he said. Baskota, former chairman of the National Information Commission, said that the provisions incorporated in the Act would motivate the employees and ensure good governance.

It has been claimed that the draft of the bill is employee-friendly as there are provisions for defending the work done in good faith, taking the consent of the authorities in case of arrest, regular review of salary and facilities to meet the financial capacity of the country. Positive experts are of the view that the hierarchical system would coordinate and integrate federalism and not keep trade unions in government bodies that are affecting good governance and service delivery.

They also said that the transfer system has been made predictable, transparent and mandatory, and the rules of conduct of the employees will encourage them to work with dignity. Formation of a grievance redressal mechanism and regularization of administrative reforms has been taken as a positive aspect. Experts have suggested that the current age period for service entry should also be reduced in a phased manner.