His remarks came after the ordinance issued to set up the Authority expired earlier this week due to the government's failure to replace the ordinance with a bill. This has rendered the Authority inactive and pushed into further uncertainty the already delayed reconstruction and rehabilitation work that needs to be carried out in the aftermath of the April 25 earthquake.With the government's failure in completing in time the procedures for replacing the ordinance with a bill, everyone concerned has expressed serious doubts about the continuing legality of the Authority. The latest development has them seriously worried. The Reconsturction Authority was projected as the body that would fast-track the reconstruction effort in the 31 districts worst-hit by earthquake.
As per existing law, an ordinance must be replaced by a parliamentary bill within 60 days of commencement of a parliament session subsequent to the introduction of the ordinance.
But the government has failed to replace the ordinance with a bill although it has already been over 60 days since the current parliament session began.
Although the government has registered a bill at the parliament secretariat, it didn't take the proposed law ahead through the necessary parliamentary procedures.
Meanwhile, it is learnt that the bill could not be tabled in parliament because of differences among the political parties over some of its provisions.
"The government registered the bill at the parliament secretariat several weeks ago. But I can't understand why they didn't proceed further even as the deadline expired and the Authority's legality has come into question," former chief secretary Leelamani Paudyal, who retired from the post last month, told Republica.
"As the ordinance was duly approved by parliament, the Authority will continue to exist. But it has no authority to execute any of its reconstruction plans unless parliament endorses the bill," said Tek Prasad Dhungana, joint-secretary at the Ministry of Law, Justice, Constituent Assembly and Parliament, adding that this is going to hit the reconstruction effort.
Former chief secretary Paudyal said, "Reconstruction work had just started to gain momentum with the appointments of key Authority officials. But once again, the work has ground to a halt with the expiry of the ordinance."
Due to delay in appointing key officials, especially the chief executive officer, the Authority could not take full shape for almost one and a half months. But two weeks ago, the government appointed the key offiicals; and as the Authority had just started to formulate the plans for reconstruction and rehabilitation in the earthquake affected districts, it has once again been rendered inactive.
Paudyal said this is a huge setback for the country because it may send a message to the international community that Nepal's government is not serious and efficient enough to expedite reconstruction.
The government has stated that it needs Rs 669 billion for reconstruction work in 31 earthquake-hit districts and the funds pledged by donors during the donor conference last month amounted to 60 percent of the estimated amount.
Hundreds of people in the 31 districts have been forced to take refuge in temporary shelters following the earthquake and are desperately waiting for the reconstruction and rehabilitation work to begin.
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