Govt mulls amending Police Act to scrap 30-year service provision for retirement

Kathmandu, Dec. 19: As soon as the Ministry of Finance gave a consent to amend the Nepal Police Act 1955 to scrap 30-year service provision in the Nepal Police, the Ministry of Home Affairs has begun internal homework to implement the new age-based service term in the organisation.

A proposal tabled by the Ministry of Home Affairs (MoHA) has been endorsed by the Finance Ministry to begin further process to implement new age-based service and scrap the present 30-year service provision.

The Home Ministry has initiated a process to table the same proposal to the Council of Ministers for an amendment to the Nepal Police Act. 

As the political parties, after the elections to the House of Representatives, are exercising to form a new government, the current government is working to amend Nepal Police Act through ordinance, according to a source at the Home Ministry. Because of the demand for the new provision within the police organisation, an ordinance is likely to be issued to address the demand. 

Nepal Police Act had been amended for sixth times, with the latest on January 21, 2010. First amendment to the Act was made on September 21, 1972. The Act had come into effect on October 16, 1955.

According to the existing police regulations 2014, the Police of Nepal get compulsory retirement on three grounds (age limit, tenure and 30 years of service). The revised Police Regulations on February 15, 2004 has provisioned to give compulsory retirement to those completing 30 years of service.

In the proposal of the MoHA, Police Regulation clause 127 introduced in 2014 was asked to be included in the Police Act. 

The Inspector General of Police (IGP) is now legally allowed to retire after fulfilling three conditions -- after completing 30 years of service, 58 years of age bar and four years of tenure after becoming IGP. 

However, the government is now going to amend the law to remove the 30-year service period and apply only the age limit. A senior official at the Ministry of Home Affairs on condition of anonymity said, “It is proposed to keep the tenure of the IGP for three years.”

It is proposed to make the age limit of Additional Inspector General of Police (AIG) 57 years from 56. It is proposed to make the age limit of DIG 56 as in the existing regulation, but 56 years from 55 for   SP and SSP. Likewise, according to the proposed age limit, DSPs retire at 55 instead of 54, Inspectors at 55 in place of 53, Assistant Sub-Inspectors and Sub-Inspectors at 54 from existing 51 years and constables and others at 51 from existing 48 years.

Proposal as per SC’s order 

The then five justices of the Supreme Court had issued an order to amend the Act instead of Regulation on April 3, 2014. Because of the decision, the government was forced to begin a process to amend the law without amending the police regulation. In a petition filed by 11 officers, including the then AIG Madan Bahadur Khadka, the Apex Court had issued the order in the name of the government.

The directive of the special bench comprising the then justices Kalyan Shrestha, Sushila Karki, Baidya Nath Upadhyay, Tarkaraj Bhatta and Gyanendra Bahadur Karki had issued the order.

According to the proposed arrangement, the tenure of AIG has been reduced from five to four years while retiring in 57 years. The tenure of DIG has been maintained for five years while retiring at 56. It has been proposed to maintain the existing six-year tenure for SSP. It is proposed to increase the tenure of Technical Senior Superintendent (SSP) to seven years from five years.

According to Police Regulation 2014, mandatory promotion to DSP should be given eight years after their promotion. It is estimated that 20 per cent more junior officers will be promoted after the 30-year service period gets scrapped. 

DIG and Spokesperson for Nepal Police Tek Prasad Rai said that after the end of a 30-year provision, more than 20 per cent of police Sub-Inspectors would get promotion to inspector. It is in overall welfare of the state and police personnel and free the country from extra burden to pay pension to retiring personnel,” DIG Rai said. 

Former AIG Rajendra Singh Bhandari said that the proposal to remove the 30-year service period is positive. Bhandari said, “Removal of 30-year service period should be clearly stated in the Act and age limit implemented in all ranks.” 

Referring to the fact that the Council of Ministers has repeatedly revised the regulations, he said it was affecting the morale of the police officers, and added, “Because of the 30-year service, there has been a situation where SPs become IGPs directly.”

According to Bhandari, the amendment to the Act is positive because there used to be unfair games while amending the rules. 

Officials at the Ministry of Home Affairs said that it has been proposed to remove the service period after taking the opinion of ex-police officers and experts. The government has no obligation to pay pension as soon as 30-year service period terminates.