Proposed Nepal Police Act to end 30-year service term

Kathmandu, Mar. 18: The Ministry of Home Affairs (MoHA) has put forward a proposal to make a new Police Act replacing the existing Nepal Police Act-1955 with the much awaited provision to scrap the 30-year service term in the organisation. 

Joint Secretary and Spokesperson for the Ministry Jitendra Basnet told The Rising Nepal that the Ministry has proposed to take the draft of the 'Nepal Police Act-2023' to the Parliament to replace the Police Act-1955.

According to Joint Secretary Basnet, the Ministry has sent the draft of the new law to the Ministry of Finance for approval. After the Ministry of Finance gives a nod, the draft will be submitted to the Council of Ministers for approval after taking approval from the Ministry of Law and the Public Service Commission. According to a legal provision, the Council of Ministers decides and submits the draft to the Parliament.

In 2020, when Ram Bahadur Thapa Badal was the Home Minister, the new Nepal Police Act was submitted to the Parliament. However, the Parliament returned the draft to the ministry. Now, the same draft of the 'Nepal Police Act-2023' has been proposed for re-approval with amendments. In the revised proposal, it is proposed to remove the 30-year service period. 

Joint Secretary Basnet informed that it was proposed to remove the 30-year service period in the draft.

According to the existing provisions,  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 provide for compulsory retirement after completing 30 years of service.

Due to the existing 30-year service period no inspector general other than former Inspector General of Police Motilal Bohora has been able to complete the 4-year tenure after 1993.

In the draft proposed in 2020, during Badal’s tenure, there was no proposal to remove the 30-year service period. Now, it is proposed to remove it and apply the system of retirement after completing the age limit and certain term in the office. 

According to the proposed draft, it has been mentioned that the age limit of Inspector General of Police (IGP) will be 58 years, and the age limit of AIG and DIG will be 57 years. Likewise, Senior Superintendent of Police (SSP) and Superintendent of Police (SP) will retire at the age of 56 years.

According to a senior official of the Ministry of Home Affairs, it has been proposed to maintain the tenure of Inspector General of Police (IGP) for three years, AIG for four years, DIG for five years and SSP for six years. 

It is proposed to keep the tenure of Superintendent of Police (SP) for 10 years. With the passing of the 'Nepal Police Act-1955 by the Parliament, the Police Act-2012 will be repealed.

Police Adjustment Act also to move ahead 

Although three years have passed since the federal parliament approved the Police Adjustment Act,  adjustment of the federal police into the province has been in limbo because of the non-enactment of the Police Act-2023. 

According to the Organisation and Management Survey of Nepal Police and Provincial Police, 54,720 manpower needs to be adjusted in the province. The Council of Ministers approved the survey in November, 2021. According to the survey, 24,816 people will be accommodated in the centre or federal police.

According to the Police Personnel Adjustment Act-2020 and the Nepal Police and Provincial Police (Operation, Supervision and Coordination) Act,2020, the Ministry of Home Affairs had proceeded with the adjustment. However, since the new police law has not been enacted, the adjustment process has stopped now. Along with the adjustment of the police, it has not been decided whether to give the right to buy weapons and ammunition to the provincial police office. 

Senior Home Ministry officials said that the issue will be resolved after the New Police Act comes into effect.