Kathmandu, March 11

Enraged by Federal government’s ‘attempt to curtail provinces’ powers’ Province 2 government has endorsed a new bill related to the Provincial Administration proposing to give powers to provincial administrators that clash with the powers given to chief district officers in the Peace and Security Bill brought by the federal government in the federal Parliament recently.

The provincial bill proposes to establish its own provincial administration offices in all districts with the provision of appointing provincial Chief Administration Officers.

The bill also stipulates that the provincial government could designate existing CDOs or CDOs to be appointed later as Chief Administration Officer. The bill proposes to give provincial administration officers the powers to maintain peace and security, issue prohibitory orders and clamp curfew if necessary.

A bill brought by the federal government to maintain peace and security also proposes to give CDOs the power to issue prohibitory order and clamp curfew, if necessary.

The provincial bill also proposes to give PAOs the powers to monitor offices under its jurisdiction, take necessary action against government employees who are involved in corruption and to provide updates about peace and security to the provincial government. It also states PAOs will abide by other directives issued by the provincial government.

The provincial bill also stipulates that provincial police will have to follow instructions of the PAOs. It also gives PAOs the powers to authorise police to fire tear gas canisters, water cannons and to resort to baton charge before firing shots.

The bill stipulates that the PAOs will have to clearly warn the mob before firing shots below the knee. The bill states that PAOs will coordinate with the federal government if s/he deems that the provincial police alone won’t be able to maintain peace and security.

The bill also stipulates that PAOs can issue orders prohibiting people from assembling at a place if such a gathering could pose threat to peace and security, besides issuing other prohibitory orders. PAOs can also clamp curfews in troubled spots and declare riot-hit areas.

Chief Minister of Province 2 M Lalbabu Raut said Schedule 6 of the constitution gave provincial governments exclusive powers in matters of peace and security and provincial administration. He said the provincial bill will soon be registered in the Provincial Assembly. “No provision of the constitution stipulates that provincial administration is the jurisdiction of the federal government,” Jha said and added that the bill registered by the federal government proposing to give chief district officers the powers to maintain law and order and run the administration in district was unconstitutional.

He said the constitution did not have provisions that could allow appointments of CDOs in the districts, but if the federal government wanted to have CDOs, it should give them only the power to monitor  the border, issue citizenship cards and passports. “No provision in the constitution says that provincial governments should wait till the time the federal government brings its own laws related to the police and administration,’ Raut added.

Chief Attorney of Province 2 Dipendra Jha said if the federal government overrode the provincial government’s powers, the issue would go to the Supreme Court’s constitutional bench. Jha said in all federal countries, provincial administration was under the jurisdiction of province governments.

Minister of Internal Affairs and Law of Province 7 Prakash Shah said that the Police Bill and Peace and Security Bill brought by the federal government intended to curtail the province’s powers and were not good for federalism. “The constitution does not envisage provisions related to CDOs, but if the federal government wants to keep CDOs in the districts, it can do so by limiting their   powers only to issuance of citizenship cards and passports and protection of the border,” Shah said and added that if the federal government wanted to give more power to CDOs, then it must agree to put CDOs under the control of provincial governments.

Home Secretary Prem Kumar Rai declined to comment on the Province 2 government’s move saying he had no knowledge about the province’s preparation to bring its own new bill on  provincial administration.