Nepal Civil Service Bill's 'Lateral Entry' Plan Sparks Bureaucrat Concerns

A proposed provision for "lateral entry" into highly specialized positions within Nepal's civil service has sparked concern among existing bureaucrats. The measure, included in the latest draft of the Federal Civil Service Bill, aims to allow the government to recruit external experts for specific roles.

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Notwithstanding anything contained elsewhere in this Section, the Government of Nepal, for a specified period, may make special arrangements for lateral entry into any executive or expert position of a specialised nature within the civil service, in consultation with the Public Service Commission regarding the suitability of the candidate.

Section 10(14) of the draft bill, prepared by the Ministry of Land Management, Cooperatives, Federal Affairs and General Administration, states that the government may make special arrangements for lateral entry into any executive or expert position of a specialized nature. This would be done in consultation with the Public Service Commission regarding candidate suitability. The government can set specific criteria, selection processes, and terms of service for these recruits, who would not have the same benefits as permanent civil servants.

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The government cannot do this unilaterally. Such appointments will be made with the direct involvement of the Public Service Commission. These recruits will not enjoy the same perks and privileges as permanent civil servants. Their terms of service and benefits will be governed separately.

A Joint Secretary from the ministry explained the provision is intended to address urgent needs for expertise not readily available within the current bureaucratic structure, such as for economists or technical experts on particular projects. However, the inclusion of the term "executive position" alongside "expert position" has caused unease. Officials fear this could be interpreted broadly, potentially allowing entry into roles with final decision-making authority, such as district office chiefs or ministry secretaries, thereby bypassing standard recruitment procedures.

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An executive position could mean anything from a district office chief to a ministry secretary. The ministry where the draft originated needs to clarify the reason behind introducing this provision.

An official from the Ministry of Law, Justice and Parliamentary Affairs questioned the necessity of such a provision within the Civil Service Act if the intention is merely to appoint executive heads for specific development projects. The official stressed the need for broader consultations with line ministries before the clause is finalized, arguing that lateral entry into regular civil service positions could undermine the established merit-based system.

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You cannot simply appoint a secretary or a joint secretary from outside the civil service through lateral entry. If the intention is to appoint executive heads for specific development projects, there is no need to include such a provision in the Civil Service Act.