Police Bill in House: Provision to remove 30-year retirement plan

Kathmandu, Jan. 30: In accordance with the orders from the Supreme Court to include important legal provisions regarding career development, including the transfer and promotion of police officers, the government has finally registered a police bill in the Parliament Secretariat.  

The bill which mandates passing the Police Staff College as a prerequisite for promotion to the post of Deputy Inspector General (DIG), was registered on Tuesday. Minister for Home Affairs Ramesh Lekhak registered the bill with plans to table it in the upcoming parliamentary session summoned for January 31. 

The bill has revised certain provisions regarding retirement, promotion and pension benefits.

To eliminate the long-standing issue of security personnel being used as domestics by VVIPs, ex-IGPs and senior officers, the bill explicitly states that police personnel should not be engaged in household chores except for security purposes. 

However, provisions related to the operation and management of the police force are likely to create ambiguity.

While the Nepal Police Act of 2012 (1955 AD) mentioned the possibility of having one or more police forces in Nepal, the new bill explicitly states that there will be only one police organisation in Nepal. Although the country has another paramilitary force under the Home Ministry, it is named the Armed Police Force Nepal.

Previously, the Act granted the Council of Ministers the authority to oversee, control and direct the police organisation. However, the proposed bill states that while the Council of Ministers will operate the police force, the Ministry of Home Affairs will oversee its mobilisation, control, direction and supervision. 

At the district level, the Chief District Officer (CDO) will have control and directive powers. This structure risks shifting the chain of command from the Inspector General of Police (IGP) to the Secretary of the Home Ministry, said former DIG Hemanta Malla of Nepal Police. The 1955 Police Act stated that the Inspector General of Police (IGP) would manage the police force under government directives. 

However, the new bill states that police administration will be run according to the directives of the Home Ministry, either by the IGP or an officer designated by them, allowing civil servants to intervene in police administration.

IGP's appointment from general police service  

Following the appointment of Koshraj Onta as Inspector General of the Armed Police Force Nepal from the technical division, there was lobbying for a provision to make technical officers IGPs in the Nepal Police as well.

When a dispute surfaced between Jaya Bahadur Chand and Nava Raj Silwal making it difficult to appoint the new IGP, technical officer Dinesh Chandra Pokharel was appointed as Acting IGP in Nepal Police, sparking discussions on whether a technical officer could also be a full-fledged IGP.

However, the new police bill explicitly states that only officers from the general police service or having enrollment in general police can become IGPs. The qualifications for appointment remain unchanged, with the government retaining the authority to appoint the IGP.

The selection criteria for IGP include work efficiency, competency, seniority, accountability, leadership skills and the ability to motivate and mobilise subordinate police personnel.

The bill mentions that, as a general practice, the appointment of the IGP should be made before the incumbent retires, though it does not make this mandatory.

No open competition for SP recruitment 

The Police Act 1955 had provisions for open recruitment up to the rank of Police Inspector, with only 60 per cent of the positions allocated for open competition.

During the drafting of the new Police bill, discussions were held to include open competition for a limited number of positions at the SP (Superintendent of Police) level. However, the proposed bill retained the old provision, restricting open recruitment to the Inspector level. 

According to the bill, only the ranks of Police Inspector, ASI (Assistant Sub-Inspector), Constable, and Office Assistants will be recruited through open competition.

Police Staff course mandatory for DIG promotion 

The Police Act 1955 considered seniority, geography and educational qualifications as key criteria for promotions. However, the proposed new police bill introduces the Police Leaders and Staff Course as a new requirement for promotion.

For promotion from DSP (Deputy Superintendent of Police) to SP, 60 per cent of the promotions will be granted to those who have completed the staff course while 40 per cent will be promoted without it.

For promotion from SP to SSP (Senior Superintendent of Police), 80 per cent of the SPs completing the staff course will be promoted to the post of the SSP. Similarly, for promotion to the post of the DIG (Deputy Inspector General), 100 per cent of candidates (SSP post) must have passed or completed the staff course under the new provision to secure the position of DIG.

Recruitment structure remains same, age limit increased

Despite ongoing demands to involve the Public Service Commission in police recruitment, the bill does not include this provision. Instead, the existing selection committee, chaired by either the Public Service Commission chief or a designated commission member, will continue to oversee recruitment.

However, the age limit for recruitment has been increased. Previously, the maximum age for Inspector recruitment was 25 years; it has now been increased to 27 years (applicants must be between 21 and 27 years old), the maximum age for ASI recruitment was previously 24 years; it has now been increased to 25 years (applicants must be between 18 and 25 years old).

Likewise, for constable recruitment, the maximum age limit was 21 years, but it has now been increased to 23 years (applicants must be between 18 and 23 years old).

Proposes to remove 30-yr retirement service 

Even if the provision of the 30-year service period is removed, it will not be implemented immediately. If the proposal included in the bill is passed as it is, it will take three years for a complete phase-out.

According to the provisions, after the law comes into effect, those completing 30 years of service in the first year will get an extension of six months. In the second year, those reaching 30 years of service will receive a 12-month extension, and in the third year, those completing 30 years will get an 18-month extension in their remaining service period. After that, the 30-year service period will be completely removed.