PRACHANDA SUB-COMMITTEE BEGINS MEET

PRACHANDA SUB-COMMITTEE BEGINS MEET
Kathmandu, 15 Dec.: A Prachanda sub-committee to resolve
differences on themes to be incorporated in a proposed
constitution to be promulgated by 28 May began meeting
Thursday morning.
The sub-committee meets one day after a main Nilambar
Acharya constitution drafting committee which asked the Prachanda-led sub-committee to remove duplications on fundamental rights and
directives of state policy.
The sub-committee has to detail agreement of voting right for
18-year-olds and a mixed election system.
Differences on 20 themes are yet to be resolved.
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ANOTHER MURDER IN SIRAHA
Kathmandu, 15 Dec.: The body of a 35-year-old was found in Siraha just
500 meters away fro district police office Thursday.
His body hasn’t bee identified as yet.
An abandoned helmet has been reovered from the spot where the body was recovered.
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PARTY SPLIT RUMOURS BASELESS SAYS BAIDHYA

Kathmandu, 15 Dec. : Top leaders of the UCPN-Maoist including chairman Pushpa Kamal Dahal ‘Prachanda,’ senior vice-chairman Mohan Baidhya ‘Kiran’ and vice-chairman and Prime Minister Dr Baburam Bhattarai Wednesday held discussions over the internal affairs of the party and agreed to hold more discussions to sort out the problems and consolidate party unity, The Rising Nepal reports.
"Rumours about the party split are baseless," Kiran, who has been expressing note of dissent against many of the party decisions in the recent times, told the reporters after the meeting at Prachanda’s residence at Naya Bazaar.
Asked if the differences would be resolved, he made a brief comment, "Of course, they should be."
Kiran dismissed the provocative remark that the party was just waiting for formal announcement of the split made by party secretary CP Gajurel, who is close to him, saying he did not know what Gajurel said and when.
Kiran clarified that proposals to make party general secretary Ram Bahadur Thapa the candidate of the Prime Minister of the consensus government were put forward in the different meetings. "Putting forth of such proposals are natural in course of discussions pertaining to power sharing," he responded when asked if the proposal was ever made. He, however, did not elaborate as to who made the proposal and when.
Khadka Bahadur Bishwokarma, Maoist politburo member who was also present in the meeting, informed The Rising Nepal that the meeting was a part of finding a revolutionary solution to the party problems.
"It was a serious discussion focusing on party’s condition (internal problems). All the participants in the meeting agreed to discuss seriously to find a positive solution. An understanding has been made to hold serious and overall discussions on the government, peace and constitution building process and the formation of the consensus government," Bishwokarma said.
He said that both the sides (the establishment and the dissenting factions) agreed to hold discussions soon and find out the solution as they both realized that they had serous differences on policy issues.
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Koshi Tappu Reserve sees no migratory birds this winter
By Our Correspondent.

Inaruwa, Sunsari Dec.14: Migratory birds have not arrived in Koshi Tappu Wildlife Reserve this year though winter season has already started. Winter visitors come to this noted bird sanctuary from as faraway as Siberia, The Rising Nepal reports.
In previous years, winter migratory birds would have already flocked the reserve. Their absence has surprised us this year, said conservation officer of the reserve Ashok Ram.
A large chunk of bird habitat was buried under heaps of sand after the flooding Koshi River breached its banks. This habitat degradation might be the reason for the absence of the winter migration, said Ram.
Reserve officials opine that climate change might have affected the arrival of the migratory birds. It is already mid December and they are not showing up whereas their arrival would start by late September previous years.
According to past records, 55 to 100 species of winter visitors used to come to Koshi Tappu. They used to inhabit the sanctuary for six months because the place is ideal for food and habitat.
Conservation officer Ram said that very few species of migratory birds have arrived. Migratory birds were a major attraction for bird watchers and nature lovers in Koshi Tappu.
Meanwhile, our correspondent reports from Lahan that Saptari and Udaypur districts are considered ideal habitat for vultures. However, these large fliers are disappearing for almost a decade now.
Experts attribute the decline of vulture population here to food scarcity and environmental degradation.
Vultures have been disappearing in these districts since nine years ago, said Dr Anil Kumar Jha. Studies have shown that rising deforestation and rampant development construction are responsible for vanishing vultures.
Vultures started dying after feeding on cattle carcasses treated by veterinary chemical drug Diclofenac. The drug was banned but birds are still dying. "The birds have faced shortage of food as people now bury the dead cattle," Dr Jha said.
A local even said that vultures are being hunted for meat. "Vultures are widely hunted for meat and to use some of their parts as medicines," said Binod Kumar Singh, Headmaster of Janta Lalita Nanda Secondary School.
According to Singh, vultures are facing habitat degradation as the large and tall Simal, which the birds use for nesting and perching, are being felled widely.
Rising trend of deforestation had devastating impact on the population of vultures and other birds, said Dr Jha. Until a few years ago, vultures were a common sight in these districts. These days, it is difficult to see them, he added.
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PROMOTION POLICY REFORM SOON
KATHMANDU: The government has begun the process of widening promotional criteria among civil servants by adding a new category to resolve problems created due to the automatic promotion provision, Santosh Pokharel writes in The Himalayan Times.
After the Cabinet nod for amendment of the Civil Service Act proposed by the Ministry of General Administration, a new dimension called ‘seniority based’ promotion for the government employees has been introduced, which will replace the existing provision of automatic promotion in the Act.

According to Minister for General Administration Ram Kumar Yadav, the new proposal aims to solve discrepancies existing in the promotion system as well as end the automatic promotion system provisioned in Civil Service Act.

“The proposal will help address dissatisfaction among a large section of civil servants on promotion. The new proposal will make the promotion system more scientific,” Minister Yadav said. He also informed that the Cabinet decision will be taken to the House for approval.

Around 16,000 civil servants have been automatically promoted, but have no duty or responsibility associated with the promoted post. The civil servants promoted automatically after a certain time of service have been demanding duties and responsibilities.

So far, promotions are based on three criteria — open competition, internal competition, and performance evaluation. The proposed fourth criteria will come to force at all levels and positions.

According to a source at Office of Prime Minister and Council of Ministers, the government has proposed 10 per cent, 40 per cent seniority based promotion at the Non-gazetted first class level, 30 per cent seniority based promotion at the Section officer level and 35 per cent for seniority promotion for gazetted first and Second class levels.

The proposed amendment includes 20 per cent seniority based promotion for secretary level. As per the existing provision, the post of secretary is filled through the cabinet decision as per the recommendation of the Promotion Committee.

The new amendment proposal also includes provision to count all temporary service period for women employees for the pension scheme. Likewise the provision of providing extra points for employee having higher grades in academic certificates in the promotion process is also proposed to be annulled. However the cabinet rejected the Public Service Commission advice to extend the retirement age of civil servants by two years.
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SPEAKER WON’T TERMINATE HOUSE MEMBERSHIP OF MAOIST LAWMAKER
CONVICTED FOR MURDER
Kathmandu, 15 Dec.: Sending a clear message that he is not going to terminate murder convict Maoist lawmaker Balkrishna Dhungel’s Constituent Assembly membership, CA Chairman Subas Nembang today [ Wednesday] passed the buck to the government and said executing a court order is but the government’s duty, The Himalayan Times reports.

“Terminating his (Dhungel’s) CA membership is not as serious an issue as murder offence is,” Nembang told reporters at his office in Singha Durbar. “Arresting a convict and sending him to jail is rather a more serious issue than seeking his membership termination. Executing a court verdict is government’s duty. If the government fulfils its duty and sends him to jail, his CA membership will be automatically terminated.”

The response from Nembang came today following clamour from human rights defenders and lawyers that Dhungel, who was convicted of murder of Okhaldhunga’s Ujjan Kumar Shrestha, be expelled from CA. Though his statement today, it seems, was aimed at forestalling any further blame towards him, for not even a single petition has been registered at CA Secretariat seeking Dhungel’s termination, Nembang, who himself is a fine law scholar, has stoked a new debate whether murder, particularly in Dhungel’s case, is moral turpitude.

Nembang today said he had gone through apex court judgments and existing legal system to find whether there was any way to expel Dhungel. “But I have not found grounds to do so,” he said. “Not a single apex court judgment has listed murder as an offence with moral turpitude. I cannot remove anyone from CA unless the court has convicted him/ her, saying the offence was committed with moral turpitude.”

As per Article 65 (c) of the Interim Constitution, conviction in a criminal offence involving moral turpitude should automatically lead to disqualification from CA membership. Article 67(B) of the Interim Constitution and Section 18 of the CA Member Election Act, 2007 add that the seat of such a CA member should be declared vacant and as per Rule 134, the CA chairman needs to inform the House if a member lacks the qualifications described in Article 65 (C).

According to Nembang, the apex court verdicts do not categorically list murder as an offence with moral turpitude. “Some other petty criminal cases have been listed in this category, but not murder,” he added.

Criminal law expert Prof Rajit Bhakta Pradhananga, however, said Nembang was sitting altogether on the wrong premise of moral turpitude to defend himself. According to Pradhananga, homicide, as per Section 13(3) of the Murder Chapter of Muluki Ain, 1963, is an offence with moral turpitude.

“The apex court has relaxed its verdicts on other murders — which are committed unintentionally and with recklessness — but it is as firm when it sentences someone to life term as per Section 13(3). Even rape, dacoity, forgery, drug peddling, robbery and arson are offences with moral turpitude.”

Despite pressure from human rights activists and lawyers, murder convict lawmaker Dhungel, who was sentenced to life term on 3 January 2010 by the Supreme Court, has been continuously taking part in lawmaking process, just to make the mockery of the law.
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