COVER STORY | Order No. 790: NIGHTMARE?

THE LIGHT OF ANDAMANS | VOL 36 | ISSUE 04 | 15 NOV 2012

COVER STORY:

Order No. 790: NIGHTMARE?

By Staff Reporter

Majority of the Panchayati Raj Institution's representatives may not remember their house number but the number 790 comes on their lips with great regularity. Order No. 790 dated 29 October 2010 of the Administration regarding rearrangement of existing posts of Engineering/ Technical staffs of PRIs gives them unwarranted nightmares on being left without any control over their engineers. There is not much to this order but our PRIs dwell at length about it and consult innumerable experts for suggestions to thwart it. Breaking party lines in unison our PRIs have expressed concern about it and even approached their respective political bosses for a solution. Several petitions were developed and court cases planned but none have seen light of the day. This is the effect of spell our longest serving Administrator holds over them.

A blue eyed boy of the Admn A Neduncheziyan, ex-Additional Secretary cum Director RD, PRI's & ULB's, A&N Admn along with his coterie of experts from various fields' drafted order No. 790. He succeeded where many others failed including a now retired lady Jt. Secretary and a few Secretaries (Panchayats) of the Administration. He drafted another nightmare for the PRI's in the form of a notification on Grant-in-Aid to Panchayati Raj Institutions (Amendment) Rules, 2012 with the help of the same coterie of experts. He was given an assignment to cleanse the rot in the system. He was not here to make the Panchayats work, but whatever they do; they need to do it diligently with utmost accountability was his stand. From his coterie of co- drafters of 790 is a benefactor for whom another power centre has been created in the form of Executive Engineer (PRI). The palatial EE (PRI) office renovation misendeavours at Junglighat were overlooked by him citing CPWD manual. His approach was in creating safeguards for govt. servants who end up getting their service records tarnished while the elected representatives go scot free in cases of misappropriation.  Despite unwarranted nightmares he was accorded best possible farewell by the PRI's on his transfer with no dearth of superlatives showered upon him. Neduncheziyan had left these Islands reluctantly as he had hoped for a longer stay because of the love and affection he extracted from the PRI's on account of new found power he wielded. 

Prior to 790, order No. 560 came about in 2001 with the view to strengthen the PRI's by creation of posts for Engineering/Technical staff. This followed framing of recruitment rules by the Administrator in 2001 and 2003 where the senior posts were filled up by transfer or deputation from APWD and junior posts were filled by direct recruitment by Zilla Parishad. Eventually the system disrupted following litigations lead by some power hungry politicians and technocrats who have started misusing these institutions. Engineers turned power brokers started calling the shots at the Zilla Parishad with entire PRI's at their mercy. The Zilla Parishad was on a collision course with the Administration necessitating a move by the Administration to rescind the recruitment rule of 2001 and 2003 by merging all the post of Engineering/Technical staff of Zilla Parishad with APWD in 26 Dec 2008. This created a fear Psychosis among the junior technical staff about their seniority and future prospects who contributed towards legal expenses. This was stayed by Calcutta High court within a matter of days on 07 Jan 2009 led by the powerful Zilla Parishad Engineering lobby of that time. Status quo was maintained on service related matters.

In came NABARD Consultancy evaluation report which exposed the gaping holes in the delivery mechanisms and flouting of rules by all powerful Engineering wing of the Zilla Parishad and PRI's. The third Finance Commission report also recommended that each tier of Panchayat should function independently for better deliverability of services to the masses. This presumably necessitated the need for order No.790 in 2010 making the Engineering staff accountable to their Panchayat Secretaries/Executive officers and Chief Executive officer for Gram Panchayat, Panchayat Samiti and the Zilla Parishad respectively. The elected representatives felt helpless for assuming not to have any say in the functioning of the Engineering staff. PRI's can still call all the shots provided their intentions are clear. The whole plan of works is proposed by them. Funds are allocated for these works by them and no payments are issued without their signatures. The schedule of rates issue to cut out delays in execution of projects by EE (PRI) has been sorted to an extent with the AE at Samiti level being granted power within his limit in a recent meeting held on 28 July 2012 by the Administrator. PRI's need to think out of the box and not fall into traps laid down by the once powerful and now side-lined Zilla Parishad engineering bosses. Institutions cannot be dependent on particular individuals for delivering performance.   

COVER STORY | Grass Root Democracy: Impasse Unlimited

THE LIGHT OF ANDAMANS | VOL 36 | ISSUE 04 | 15 NOV 2012

COVER STORY:

Grass Root Democracy:

Impasse Unlimited

The PRIs have failed to come to terms with some of the provisions contained in a notification that sounds great in principle but lacks practicality. On one hand each tier has been made independent bodies with enhanced financial powers on the other hand they have been embroiled into hassles on the garb of rules and safeguards. The end result is delays in execution of works at the ground level and hindrances in day to day functioning of the PRIs.

By Staff Reporter

Grant in Aid to Panchayati Raj Institution (Amendment) Rules, 2012 was painstakingly drafted by the Administration and notified on 20th January 2012. The PRI's have failed to come to terms with some of the provisions contained in the notification. According to them most of it sounds great in principle but lacks practicality. On one hand each tier has been made independent bodies with enhanced financial powers on the other hand they have been embroiled into hassles on the garb of rules and safeguards. The end result is delays in execution of works at the ground level and hindrances in day to day functioning of the PRI's.

In last PRI election majority of young individuals have been elected to various posts. They like their predecessors have set themselves goals and targets to achieve. For the majority of them development is synonymous with a few civil construction works. For a PRI representative there are several other issues which need to be addressed like Education, Health, Sanitation, Revenue, Environment, Connectivity, Villager's entitlements, Employment, Income generation, Sports, Social and Cultural issues. Baring some, these issues don't take centre-stage for most Pradhans. Govt. of India has made them integral to the planning and implementation of its various safety net initiatives. Since inception of the PRI system in the Islands a lot has been achieved but the days ahead demands much more. There were instances where some PRI's indulged in large-scale corruption and gross mismanagement of resources at their disposal. There are also instances where officials have misguided the PRIs to further their personal agendas. This has given the Administration enough reason to bring in changes and safeguards to curb this menace. The present crop have come to hold office in a day and time when the administration has made matters not so easy for them with shortages and escalating prices of building materials to carry out development work.

The PRI's have been unanimous in pressing for amendments or modification in certain clauses of the recent Grant in Aid Rules 2012. This amendment was in contrast to a Draft Amendment which was placed before the PRIs on 22nd July 2011. The PRIs were not happy with the consultations, claims and objections to this amendment as all their concern were not taken care of before publishing the notification of 20th January 2012.  They have been meeting several officials ranging from Director (Panchayats) to the Lt. Governor. The contentious issues remain unresolved since January 2012. In a recent minutes of the meeting held on 28 July2012 at Raj Niwas under the chairmanship of the Lt. Governor issued on 05 Sept 2012 some issues like engagement of Contract JE's for electrical and mechanical works, empowerment of AE to follow schedule of rates within their limits, problems in execution of emergent works through muster rolls directly, non-availability of bitumen, relaxation in submission of audit report by cooperative societies, delays in issuance of NOC were discussed and directions issued. A meeting was held with the delegation of the PRI's and the Lt. Governor at Raj Niwas on 06.11.12 with their issues. Acting upon it D N Singh, Secretary cum Director (Panchayats) met PRI's at Panchayat Samiti, Ferrargunj on 07.11.12 and the same sets of issues affecting the PRI's to execute works were placed before him.

Secretary cum Director (Panchayats) D N Singh in the meeting with the PRI's at Panchayat Samiti, Ferrargunj informed them that he was impressed by the awareness level of the PRI's in the Islands. He admitted that we don't live in an ideal society; there is distrust among various wings of the PRI's, we should have a positive outlook on issues. He was of the opinion that no individual is more important than an organisation; a common point should be arrived at. Each individual thinks differently, one is happy when things are OK and criticise when things go bad.  He said that Govt. funds are not meant for individual beneficiaries and further opined about the rationale behind introduction of roaster system for Cooperative societies. He however was not philosophical on the PRI's monthly honorarium issue and assured to look into it with a positive intent. Under Rajiv Gandhi Panchayati Raj Sashashtikaran programme on devolution of power, suggestion from all PRI's will be called for and a workshop is to be conducted by Nov. end 2012.

Panchayat representatives are vocal in their criticism of EE (PRI) who has emerged as a new Power Centre impeding the efforts of Gram Panchayats or Panchayat Samities with delaying tactics and interpreting rules as it suits him. This has caused innumerable delays and stalling of projects for the PRI's on whimsical grounds. Construction of retaining walls and footpaths has been put on permanent hold by the EE which has lead to a serious underutilisation of funds by the Panchayats. 'Our islands topography and climatic conditions are such that retaining walls are a must. Moreover if the Gram Sabha proposes a work for a single beneficiary and his life is in danger- how can we not include that work?' says- Mohan Halder, Pradhan Tusnabad.  'When the notification says that land should be free from all encumbrances, why wouldn't an NOC from Tehsildar suffice to execute a work? The EE (PRI) presses for setting apart of the land by the Tehsildar under 153 LR. This is a time consuming exercise and delaying tactics by the Engineer' says Mohd. Safiq, Pramukh, Panchayat Samiti, Ferrargunj.  'We have to face the Gram Sabha meetings and wrath of our electorates in failing to fulfil their development needs. The administration should ask its EE (PRI) to attend Gram Sabha's and directly answer the queries of our public' added Bharat Sharma. Panchayat Samiti member, Humphrey gunj.  A few Pradhans even said that days prior to Order No.790 were better than the present times as there were less hassles and better engineers then compared to the present setup at EE (PRI).

"An estimate is pending for inspection since one and half years by the EE (PRI) for his Panchayat. How can we expect to work in these circumstances?' rues Adinaryan, Pradhan, Shorepoint.

"Directly recruited Junior Engineers and Panchayat Secretaries have no promotion channel," says Abdul Aziz, Pradhan, Stewart Gunj. "They have been stagnating in their post for over a decade. Their RR's need to be changed and they be given better prospects to work with us and kept motivated. There is also severe shortage of manpower and vacancies are to be filled on priority for the Panchayats to deliver the desired services to the masses," he added.

Apart from the engineering woes the PRIs are also plagued with issues of low honorariums as compared to the Municipal Councillors who are paid five times more. "My husband is employed in the postal department in a small post, I can't ask him for daily conveyance for various meetings and cover my huge constituency. My honorarium alone does not allow me to cover my expenses for public works," said Anima Roy, Panchayat Samiti member Ferrargunj.

Going by the views of the PRIs and officials it appears that the logjam will continue for times to come. As some issues get resolved newer issues will surface, hope the common masses don't continue to suffer in this impasse.

EDITORIAL: Beyond Ten Degree Channel

THE LIGHT OF ANDAMANS | VOL 36 | ISSUE 04 | 15 NOV 2012

EDITORIAL:

Beyond Ten Degree Channel

In the recently held IDA Standing Committee Meeting, the Admn stated that the Nicobarese tribe have been successfully mainstreamed and integrated with non-tribal civilization and are now educationally advanced. Many interventions have been initiated by the Admn to uplift their livelihood prospects. Coconut Mission, Fruits and Vegetable Mission and establishment of Village Tribal Councils, elected by the villagers are a few initiatives of the Admn.

It is a daunting task to gauge the aspirations of a tribal community like Nicobarese. In many spheres, if we have succeeded, there are many aspects where our interventions have been utter failure. With the advancement of the tribe, new vices or the methods of the so-called civilized population has slowly crept into their lives. The Tsunami compensation initially divided the concept of Tuhet, and ingrained in them the concept of nuclear families. The shelters constructed were reluctantly accepted by them, as it did not serve their purpose. The mainstream educational system, which revolves around high scores and seats have not made a mark among the children.

Elite among the tribal society controlled by non-tribals exploits them to the hilt. The role of cooperatives which although harped as grand success stories are totally cartelized. The reports emanating from Nicobar on the role of EHL are not very encouraging. The tribals complain that they are not paid the minimum support price for copra fixed by the Govt. Moreover, it stalls all efforts of the Govt. to provide better cargo transportation facilities to Nicobar group. The case of rejecting MF Samsun by Nicobarese is not due to the discomfort level or the issues of berthing facilities, but to stall vessels with higher capacity which effects the business interests of EHL owned ships. In the bargain, the gullible Nicobarese has to suffer.

The Village Tribal Councils, recently introduced to bring democratic practices to the Islands, are still in its infancy stage. Moreover, there is a wide divide between the old family heads or Tuhet system and the Village Councils. The old system still holds more power and authority over issues concerned with land utilization and developmental activities, whereas the Admn interacts with the Village Captains.

The Coconut Mission, acclaimed as one of the pilot projects which would change the face of Nicobars is another superfluous capital-intensive project, which has no takers in Car Nicobar. The implicit assumption, reflected by officials is that Nicobarese are lazy. On the contrary, they are extremely hard working, but only in the kind of work they are interested in. Making money is not a priority in their culture, and most of them will not make extra efforts if the object is just to make money. If it fits culturally into their way of life, they will do it.

It should also be borne in mind that the 'coconut forest' type of cultivation practiced by the Nicobarese gives far higher yields than the so-called 'scientific' management prescribed by agricultural universities. While yield per tree may be lower, the number of trees per hectare is far higher. The pilot plots that earned the Deputy Commissioner national award are in a total neglect today, as spoon-fed projects disconnected from their culture won't find any takers.

The same sentiments were reflected when the Lieutenant Governor had stated the urgent need to popularize vegetable and fruit dietary habit among the Nicobarese as if they haven't been living a healthy life before our intervention.

Before taking the plunge with new ventures, a new language needs to be developed to understand their mindset and discard the one-way communication system, which has time and again proved ineffective.

IN THE HINTERLANDS | Sundergarh: Happy Habitat

THE LIGHT OF ANDAMANS | VOL 36 | ISSUE 04 | 15 NOV 2012

IN THE HINTERLANDS | 

Sundergarh: Happy Habitat

By Sajan Gopalan

Since there are no medical facilities, there are no major health problems here" says Bishwajith Das in the Bengali flatbay near Baratang, a two hour walk from the  Andaman Trunk Road. The village people  have a wry sense of humour, but this time he was not joking, just being matter of fact.

Sundergarh, as the name denotes, is a beautiful village. Small hillocks, verdant plains, gurgling streams and a general air of calm and serene beauty.

It was with Biju Gurudasan the Pradhan of the Panchayat that we travelled to Khara Nallah a Ranchi Basti a two hour walk from the Andaman Trunk Road.

"This Panchayat has a population of about 3000 living in about 750 families scattered all around the Panchayat." Biju said. "But a look at the map of the Panchayat will reveal certain interesting features. Village population comprise mostly of Bengalis and Ranchis. Bengali farmers came as settlers after turmoil in East Pakistan. But the tribes of Ranchi - Kharia, Munda and Uraon were brought in early twenties since they are experts in clearing forests.  It was believed that they could also resist malaria.  First generation of Bengalis was brought here in the early 60's. But instead of giving them habitation in one or two accessible locations they were scattered around places in distant interior forests adjacent to the sea front. This was to create an impression among Burma and Thailand that these Islands are inhabited by Indians. But settling at such difficult terrains has created problem for all these people. They say that Sundergarh and the Bastis where they live have not changed in the last 50 years.

And there are places and forest camps like Pavaji which can be accessed by a five hour walk and also crossing the creek through a dinghi where there only two people live.

There had to be roads linking Adajig and Bolcha. Then the most difficult path to Ranchi Flat Bay, Bengali Flat Bay and Khara Nallah."

We do not know whether this spatial planning of scattered settlements was intentional. But one thing is sure. The Bastis have not changed much in the last fifty years. No roads could be constructed and no schools, hospitals, Anganwadis and such stuff.

We reached Khara Nallah in a two hour climb through the slippery hills. Beyond a make shift church there are about ten small thatched houses. In the courtyard you cannot miss the presence of the army of pigs, ducks, dogs, cats and hen. The ward member is a smart matriculate who with her pleasant smile will lead you to one of the houses.

Again the most amazing fact is the way in which they deal with their Pradhan. They tease him, make fun of him, play pranks with him, and make him sit on the floor and all this in the midst of a hearty laughter and revelry. No deprivation of modernity can defeat their spirit for survival.

We all sit with them on the floor kept clean with regular wash with cowdung slurry. Then they told us about those days when they came there first, about the jungles, early settlements, farming and malarial deaths. They tell us how they enjoy life with the home made rice beer called Handia and sing songs late into the night.

Walking back to the main road we found something very curious - a lot of unfinished toilets. Development statistics suggest that this panchayat has only 1% household with sanitary toilets. It is a shame in modern India which has decided to stop open defecation by 2014! And a very dedicate NGO took the task of constructing two pit latrines for the whole community. They will provide all basic things except the surrounding wall which has to be built by the community. Strangely no one has bothered to create surrounding walls and continue with their practice of open defecation in the vast jungles around.

Probably what we perceive as problems in the urban context is not valid in such villages. And there could also be cultural aspects to it.

All these were travels into unfamiliar territory in these islands. What we have seen are isolated stories of under development. I don't dare to call it poverty. Because, despite the deprivation of modern amenities, they seemed to be happy. Atleast happier than their urban counterparts who live in a mood of perpetual misery.

All these people were brought to the Andaman Islands as part of a major 'colonisation' scheme. In hindsight it is strange to think that a newly formed country which has come out of a huge colonial yoke decided to call one of their major developmental scheme as a process of colonization. It could have been a Freudean slip. This part of the world originally belonged to a few Negrito and Mongoloid tribes. The British colonization programme is the story of a genocide not much reported in history.

There has been a lot of national and international attention on the Jarawa question. But not much on other people who were destined to flee their homeland and forced to make these islands their second home.

All the Bengalis, Ranchis, Tamilians, Moplahs, Bantus, Karens and many others who live in these interior villages are refugees of development. Their habitats are deployed in such a bizarre fashion that even road connectivity continues to be an almost impossible task. Thus they will be denied schools, hospitals, electricity, or any such modern facility.

But in these travels we have found that they have an unusually candid sense of humour which helps them circumvent all pressures of adversity. They are also simple, innocent and probably little gullible.

"There was a time when the Ranchiwallah will give all his month's salary to the local grocer telling him to take whatever is due to him and return if anything is left" said Zubair.

The first generation has adapted so well that they feel a sense of 'shanthi' and do not want to leave the place.

But the next generation is restless. They don't want this peace. They want to grow and that means moving out.

 This is the same everywhere in the world. Concept of development is moving to the next big city. And this is what big capital wants. They can buy land and send the people to the nearest city where they will be forced to work as wage labourers. The same picture is what we see in Port Blair. People are selling the five acre ancestral land for meager amounts and go in search of a brighter future. They end up in the city slums.

Strange that this is conceived as development and no alternate locally relevant path is sought. For example, in all the villages we visited organic agriculture was a way of life. With a little input from outside this can be made more attractive. Social institutions can be set up which absorbs trained youngsters from the local community. Non-conventional energy sources can provide better and cheaper energy. Ecotourism can attract genuine travelers whose spending will go directly to the local economy.

If you think about it, possibilities are enormous. Problem is that no one thinks in these lines.

Development ultimately is the steam rolling by big capital on the gullible countryside. Resistance to this process is possible if we start at the bottom of the pyramid.

RIGHT | CORNER: Consumer Rights Upheld

THE LIGHT OF ANDAMANS | VOL 36 | ISSUE 04 | 15 NOV 2012

RIGHT | CORNER:

Consumer Rights Upheld

By Debkumar Bhadra

Based on need, liking and other personal factors, a buyer visits a shop, makes a particular choice, pays for it and owns the item for use. In the whole exercise, where goods (including services) and money change hands, the customer by virtue of payment made is entitled to get full value of goods (including services) worth paid for and the seller by virtue of accepting payment is bound to deliver full value of goods (including services) to the customer. But this principle of fair trade is not always followed. This article discusses one such incident where inferior quality cloth was sold to a customer. At the first instance, the customer approached the shopkeeper for a refund, failing which the matter was taken to consumer forum where the consumer got full refund of the amount paid by him along with incidental cost.

During February 2010, I purchased cloth for making sofa cushion cover from a shop at Junglighat. After making a particular selection from the shop display, I thought it prudent to inquire about the quality of the cloth. The salesman informed the selected cloth is of good quality and that the shop had sold two complete rolls of the particular cloth material without any complaint from any of the previous customers. Having heard a positive remark, I decided to purchase the cloth material, paid for it in cash and obtained a receipt for the purchase.

Since I was expecting a very important guest in the days to come, I gave the cloth for stitching the same day. After a few days, the tailor came with sofa covers stitched out of the cloth. While the cover was put on the cushions, to my utter surprise, I noticed signs of tearing from along the stitch line. The tailor, who was sweating profoundly by this time, informed the cloth is of inferior quality, unfit for such application. I was shocked to see the stitch was unable to hold the cloth; the fabric was easily slipping out leaving the stitch in place.

Next day, the first thing I did was to take the entire cloth material to the shop. The salesman agreed the cloth material was indeed inferior in quality and offered replacement. Since the options available at the shop did not match my home décor, I could not accept replacement and requested for a refund. Since the proprietor was not available at the shop at that point of time, he could not refund the amount paid.

While waiting for the proprietor, I glanced through the display rack, but did not find the particular cloth material. The salesman informed the entire stock has been sold. I understood, the cloth material has been removed from display, but did not disclose my disagreement.

After waiting for some time, I urged the salesman to inform the proprietor over phone. The shopkeeper was preoccupied hence desired that I should leave the cloth in the shop for her to see.  Accordingly I left one piece of the sofa cover and my mobile number at the shop with the hope that my grievance will be addressed by the shopkeeper.

The entire day passed without any communication from the shop.  The following day, I initiated a telephone call to the shop which the owner attended herself. The moment I introduced myself, she took no time telling that the cloth material sold to me is good. The defect if any is in its stitching and hence she is not in a position to accede to my request for a refund/replacement. Even though I tried to explain the cloth tore along the stitch line leaving the stitch in place, she disconnected the phone call while the conversation was still in progress.

Thinking the call might have got disconnected due to some network error, I rang back but there was no answer. I dialed for the second time, third time, but the phone kept on ringing. After three consecutive failed attempts, I concluded the shopkeeper is in no mood to listen to my complaint hence willingly disconnected the phone call midway.

Aggrieved, I sent a written complaint to the shop owner which was received at the shop as is evident from the acknowledgement card returned to me by the post office duly signed and sealed by the shopkeeper. The shopkeeper did not respond even to my written complaint, therefore I had no option but to approach the Consumer Disputes Redressal Forum (District Forum at Port Blair) for redress of my grievances. 

In the very first hearing, (I appeared in person and the respondent shopkeeper through a counsel) I demonstrated how the cloth failed from the stitch line and also narrated how all my sincere efforts to settle the dispute with the shopkeeper failed. The respondent counsel sought time to which the forum agreed and listed the matter for further hearing. Again during second hearing, the respondent counsel sought time.

During the third hearing, the proprietor attended along with her counsel, wherein I once again put forth my grievance arising out of inferior cloth material sold by respondent shopkeeper. After hearing to the submissions made by me, the respondent and her counsel, the forum agreed, prima facie the cloth material was defective and there was deficiency in service on the part of the seller.

Earlier during the course of hearing, I made it clear that I was open for an amicable settlement, and have no intention to stretch the matter beyond that. The shopkeeper was unwilling initially, but after detailed discussions, subsequently accepted the fact that cloth material sold to me is of inferior quality, thus offered to refund the cost of cloth. Since I had to approach the forum, I declined the offer and pressed for refund of the amount spent towards stitching, in addition to the cost of the cloth. Ultimately the shopkeeper refunded not only the cost of cloth but also the stitching charges and I agreed for a compromise term for settlement of the dispute.

Here it is worth mentioning, the matter could be taken up to its logical conclusion (in my favour) solely because, I had with me the proof of purchase ie the cash memo/bill of the shop. Another important document that assisted me in the matter was the call detail; this enabled me in establishing that the phone call was initiated by me, which the shopkeeper disconnected while the conversation was in progress. This helped me in proving deficiency in service on the part of the shopkeeper. Thus the case was settled on compromise terms at the district forum.

To conclude, I would also like to put on record that being a consumer, we have every right to be satisfied by the purchase and in case we have a grievance, there is remedy available under Consumer Protection Act, provided we approach the forum and assert our right.

Taken from CD Case No 4 of 2010, Dekumar Bhadra 

Versus Proprietor, Kapur Singh Chani & Sons.

PAUPER’S LOG: National Dedication and APWD Funfare

THE LIGHT OF ANDAMANS | VOL 36 | ISSUE 04 | 15 NOV 2012

PAUPER’S LOG:

National Dedication

and APWD Funfare

By Abu Arsh

Rashtriya Sankalp Diwas (National Dedication Day) and 55th APWD Raising Day-2012 were both observed in the A&N Islands on 31st October 2012. Though APWD raising day falls on the 8th of October it was observed on the same day as the death anniversary of late Smti. Indira Gandhi. This came about due to the pre-occupation of the Lt. Governor. Both the programmes have different levels of importance. One programme calls for mark of respect to a towering leader of the nation in a sober vein and other can be an all out gala event considering the status our APWD officials hold in the society by virtue of the resources they have thus indulging in all forms of corruption. One fails to understand as to why APWD raising day and its award functions to officials facing multiple vigilance cases against them, followed by a party of its hardworking officials organized on a different day other than 31st October if not on 8th October. 

To mark Rashtriya Sankalp Diwas, a function was organized in the JNRM Auditorium in which the Lt Governor, Lt Gen (Retd) Bhopinder Singh, garlanded the portrait of former Prime Minister of India, Late Smt Indira Gandhi and offered floral tributes. Thereafter the Lt Governor paid tributes to Sardar Vellabh Bhai Patel on his birth anniversary. This was followed by paying of floral tributes by the Chief Secretary and other dignitaries present on the occasion. On the occasion, the Lt Governor administered a pledge to the gathering present at the auditorium. Two minutes silence was observed to mark the death anniversary of former Prime Minister of India, Late Smt Indira Gandhi. Teachers of the Education department sang patriotic songs on the occasion. To mark the day, befitting programmes highlighting the sacrifice of Smt Gandhi for the unity and integrity of the country and the contribution of these two great Indian leaders in the nation building process are also being organized at various places of the Islands.

The Andaman Public Works Department celebrated 55th APWD Raising Day-2012 by organising befitting programmes. To mark the celebration, a function was held in the auditorium of Govt. Girls Senior Secondary School on the same day in the evening. The Lt Governor, Lt Gen (Retd) Bhopinder Singh, was the chief guest here too and gave away awards to some of the best staff in various categories. The Lt Governor also released a quarterly newsletter of APWD 'Nirmatri' in the presence of the First lady of the Islands, Smt Bhawanee Singh. The Member of Parliament, B. P. Ray, Chief Secretary and other senior officers of the Administration were also present in the function.

Speaking on the occasion, The Lt Governor was all praise for his APWD on 55th years of service in the Islands. He stated that APWD is the most vital department which has not only contributed significantly in the development of infrastructure facilities in the Islands, but also provided the required basic amenities to the people across the Islands. The department has successfully fulfilled the responsibility entrusted to it much to the satisfaction of the people by facing numerous challenges at various fronts.

He further stated that despite tough and treacherous weather condition, inaccessible areas, difficult mode of transportation of construction materials, equipments and manpower in scattered Islands, the department has successfully worked in challenging environment by showing tremendous commitment and dedication. Be it construction and maintenance of ATR, extension of runway at Port Blair, tsunami relief and rehabilitation works and water projects, APWD since its establishment has executed some of the most important projects which has brought great deal of changes in the life of the people of the Islands. A colourful cultural programme presented by children of APWD staff enthralled the gathering present in the auditorium with classical and modern film dance numbers.

APWD can be easily qualified as one of the most corrupt departments of the A&N Administration. Water crisis, condition of roads, water logging and quality standards of its buildings proves that. Celebrating its raising day with a national leader's death anniversary could have been avoided.

CHALTE | CHALTE: Innocent or Unaware

THE LIGHT OF ANDAMANS | VOL 36 | ISSUE 04 | 15 NOV 2012

CHALTE | CHALTE:

Innocent or Unaware

He had worked for more than 7 years in tribal areas in parts of India. During his tenure with such activities he was on a visit to a tribal village accompanied by a doctor to have a health survey, when he came across a girl suffering from TB. Neither her parents nor the villagers would know her ailment and a government doctor of that area was treating her as a private practitioner. Following the government scheme the girl was being administered the DOTS course with vitamin capsules and tonics, but the family had to pay for everything to the doctor. The parents and villagers were happy as the patient was recovering fast following the medicine for which they had to cough off a hefty amount of about 70-75 thousand rupees in favour of the government but private practicing doctor. The parents had to be parted away with an acre of their fertile land to meet the expenditure. They were innocent or unaware!

In another case, 17 tribal families were identified as beneficiaries in a drought prone area to be assisted to purchase pair of bullock. The office of the Project Officer had sanctioned an amount of Rupees 23000/- to each beneficiaries against some documents to receive the cheques. An official in the same office lent a hand to those innocent but unaware tribal beneficiaries with the promise to help them to get them the cheques. He managed their signatures and received the cheques, xeroxed them and gave the xeroxed cheques to the beneficiaries with an advice to approach the bank after a fortnight. The plea was the bank did not have enough money to pay them. Meanwhile, in connivance with bank official he managed to withdraw money. After the fortnight when the beneficiaries approached the Bank and produced the xeroxed cheques, the same Bank official simply sent them back saying that the cheques were duplicate and the government played a gag with them. The tribal beneficiaries believed it as if nothing new had happened. They tore the xeroxed cheques and took their way back to village cursing the government as they lost a day's labour and bus fare. 

—   Musafir

MAIL BOX: Post of Director Shipping Needs Streamlining

THE LIGHT OF ANDAMANS | VOL 36 | ISSUE 04 | 15 NOV 2012

MAIL BOX:

Post of Director Shipping Needs Streamlining

Thanks for an important article on Shipping sector in the Islands. Hence the following points may kindly be perused by the concerned department to provide safe running of DSS and management of PMB.

The Posts of Harbor Master  & Director of Shipping Service have been continuously carried out in non-conformation by violating the norms of Recruitment Rule approved by UPSC and notified by A & N Administration vide Gazette Notification no.143 dated 29th September, 1993.

Further this has been ascertained that the designation of Director, Shipping Services is equivalent to Harbor Master and the Recruitment Rule for both the posts are same. In this regard a reference may kindly be drawn to the clause no 4.5  & 4.6 of the Order no 955 dated 21st Feb 1989 issued by Mr. BV Selvaraj, then Secretary (Shipping & Transport) of A & N Administration (Later as The Administrator of Lakshadweep & Minicoy Islands).

In order to avoid any kind of confusion between the existing Harbor Master then and Harbor Master for which the post was in creation for Port Management Board; the existing post of Harbor Master in Pre-Marine then was re-designated as Director of Shipping. 

PMB/DSS have persuaded in Contempt of Apex Court Order by ignoring Supreme Court Judgment for the case no-(2004) 04 SCC 540 continuously due to their inadvertent misconception  & deliberate ignorance to certain extent.

It is pertinent to refer the declaration of Certified Judgment of the Supreme Court verdict for the case no. (2004) 04 SCC 540, resulting in deletion of section 80 of Merchant Shipping Act, 1958 as amended till date thus approving the distinction between Certificate of Competency (Held by FG Master Mariners from Merchant Navy) and Certificate of Service (Held by Commanders/Captains from Indian Navy), which is clearly based on intelligible differentia.

Cdr. Ashwini Kumar (Present Harbor Master, holding charges for CPA  and DSS) or any other Cdr/Capt from Indian Navy are not in possession of Certificate of Competency as Master (Foreign Going) and don't have any expertise as Registered Pilot of any port trust, which being one of the prime criteria of Recruitment Rule as approved by UPSC and further notified by A & N Administration vide Gazette Notification no.143 dated 29th September, 1993. Cdr. Ashwini Kumar (Certificate of Service) has been further continued on extension by contract after retirement from his parent department in spite of the fact that he does not qualify for the said post vide Recruitment Rule and further have exceeded his superannuation age too.

In this regard a reference may kindly be drawn to the Circular No. 45/2000-PW, issued on 8th August, 2007 by Smt Rinku Dhugga, then Secretary (Personnel) of A &N Administration, in adherence to OM No. 26012/6-2002-Estt (A), dated 09/12/2002, which directs that no proposal for employment of a Government servant beyond the age of superannuation of 60 years shall be considered. This order also further clarifies that no person can be appointed/reappointed to Central Government service after the date of superannuation of 60 years through contract.

Merchant ship's design, construction, operation, manning and management practices have become considerably specialized and vastly different from those of naval ships. Thus Port operation/management is carried out especially for the commercial interest and national revenues which is not possible without the merchant ships and Master Mariners or Extra Masters.

The fair practice to screen candidates during the process of selection should be with the ultimate objective of selecting candidates with higher eligible qualifications and none of the candidates from Indian Navy is in possession of Certificate of Competency as Master (FG), nor has any experience as Registered Pilot. It is therefore quite transparent in reference to the Recruitment Rule and their respective clauses that Educational Qualification  & Experience cannot be substituted or dispensed with and it is the most essential criteria for any method of recruitment. The decision regarding short listing the number of candidates who have applied for the post must not be based on any extraneous consideration, but only to aid the process of selection of the best candidates among the applicants for the post in question.

This process of short-listing shall not amount to altering or substituting the eligibility criteria given in statutory rules or prospectus. In the present case of Harbor Master, for the purpose of short listing  & recruitment, a stipulated period of experience as Pilot has been prescribed as an additional criterion in respect to holding of Certificate of Competency as Master (FG). If the duties (Responsibilities of Port operation, Surveying & Navigational facilities) of Harbor Masters (Including Assistant Harbor Master) & Directors of Shipping (Including Deputy Directors) are performed by non-qualified personnel; does not only quake the risk of safety of lives but quintessentially becomes a severe non-compliance of shipping and port rules/Acts as constituted by Central Government of India. Thus it has been made mandatory matrix to be qualified as Master Mariner (Foreign Going) in all ports of India as well as rest of the world.

 Since method of appointment for Harbor Master  and Director of Shipping being first by promotion, secondly by deputation and finally by direct recruit and as there is no qualified candidate available vide Recruitment Rule for first or second method why should not the available candidate, qualified as per RR be selected through duly processed selection committee, fulfilling all the necessary and essential ingredients of the Recruitment Rule and none available with more qualification than that of the candidate available in these archipelagos of AN Islands?

Certificate of Competency (COC) as Master (FG) that is issued by Director General of Shipping under the Ministry of Shipping, the only authorized agency in India for International Maritime Organization and responsible for implementation of STCW-95/98 convention and Naval Commanders are in possession of Certificate of Service (COS) which is never equivalent to COC due to intelligible differentia, these regulations are approved by the DG shipping on behalf of the Ministry of Shipping and have come into force from 1st February, 2002; as per IMO regulation under UNCLOS.

Capt Piyush

Port Blair

Interview: Jalaj Srivastava, Principal Secretary | MF Samson is a Disaster: Jalaj

THE LIGHT OF ANDAMANS | VOL 36 | ISSUE 03 | 01 NOV 2012

Interview: Jalaj Srivastava,

Principal Secretary, Shipping, Planning and Revenue

MF Samson is a Disaster: Jalaj

Capt Seshasai is learnt to have been repatriated after the corruption charges against him. Will the buck stop at him or are there more people involved?

We are fully aware of many issues during the period of Capt Seshasai, but his repatriation was purely an administrative decision, nothing to do with corruption charges. The Director was not technically competent to take major decisions on procurement. Most of the administrative decisions taken by the Director were also not very sound. The file on corruption charges is with Secretary Vigilance.

Anyway, there is no attempt to protect Capt Seshasai. As far as I know, he is fully trapped. I have learnt that there are more than 4 people whose name features in the charge sheet. We have already shunted some of them out of DSS.

There are many decisions, where Seshasai has taken us for a ride. MF Samsun is a disaster. We were fooled by Capt Seshasai. The contract was given to Shipping Corporation of India. Capt Seshasai co-opted and went and made a very bad selection. The whole selection process was flawed. It was purely a "swayamvar."  The L1 ship was rejected on whimsical reasons. There was no comparative statement. Moreover, we were time and again told by Capt Seshasai that it's a 600-pax ship, whereas, I had personally asked Secretary to count and found out that it can only accommodate 344 and odd passengers. We are paying about Rs 9 lakh for a 40-year old ship, which cannot run on its optimum speed. The air-conditioning shuts down if it's run on designed speed more than 11 knots. We are planning to immediately send the ship back.

DSS is the second largest fleet after SCI. But we don't possess Document of Compliance. There are so many issues with the Regulatory bodies. Why is DSS not upgraded into Shipping Corporation? Why Shipping is missing from the IDA agenda?

During the recent visit of Minister of Shipping, all these issues came up for discussion.  He has assured that for the liaison issues with SCI, DG Shipping, MMD and IRS, there will be a high-powered committee. It will be headed with Jt Secretary Shipping and from our side; person incharge of Shipping will attend the meetings. The first meeting of the Committee was held on 16 Oct, in which Secretary, Shipping too attended in which three issues were broadly decided - strengthening of port management and infrastructure, the Ministry of Shipping will ensure that all Govt institutions like IRS, MMD, DG Shipping and SCI will upgrade their facilities here. Two Chief Engineer-level persons from SCI will be posted here. We don't have to send all papers to Kolkata to IRS as they will have full-fledged office here itself.

As majority of issues have been already sorted, it does not feature in the agenda of Standing Committee of IDA. On the morning of 17 Oct, Secretary, Planning Commission also took a meeting in which many other issues related with Shipping came up for discussion. We hope that the high-powered committee is the answer to many of our problems.

Moreover, the Standing Committee Meeting of IDA is held only once a year, and the IDA meeting in two years. What we should do is most of the issues we are fighting should be taken up in the monitoring committee under Planning Commission, which meets more frequently.

Why the Admn does not consult anybody before the agenda for IDA is finalized?

You are right. There should have been an all party meeting, PRIs and other civil society organizations before the IDA agenda is taken to Planning Commission.  Even public spirited citizens can give their viewpoint. But we have seen that the last IDA meeting began and ended with a fiasco. In the agenda we had listed outstanding issues, tourism policy, Jarawa policy and suggestions of the MP. But, time did not permit to address all issues.

Why issues like waiving off of Rapid EIA for bathrooms, changing rooms and wayside amenities feature in IDA meetings? Is it not frivolous? Why can't such issues be sorted out at local level?

It's not a frivolous matter. The Dept of Environment and Forest has been creating hurdles at every stage.  The Ministry of Environment and Forests have taken a stand that even such minor issues should go to their standing committee. Since we have formed ANCZMA, all such issues should be sorted out at Chief Secretary Level. For instance, the Lieutenant Governor had sent a communication regarding a clearance to MoEF almost a year ago. But, MoEF denies saying that they have not received the letter. Even Shashi Kumar, PCCF said that he had sent it eleven months ago. Now, when such discussions come up at IDA meeting, it shows the apathy of MoEF.

What is the status of quarry auctioning? Do you think auction can rationalize the price of end-products?

In the last week a lot has happened. The auction notice for quarry sites is already out. The royalty has been revised from Rs 1.77 per cbm to Rs 5 per cbm. If we had increased it further, it would have become a reason to hike the price of end-product. It is the prerogative of the quarry owners; however, he cannot hike the price which is beyond the reach of common people. We need to look into this.

COVER STORY | Crew Ration: Rs 58 Lakh Swindled

THE LIGHT OF ANDAMANS | VOL 36 | ISSUE 03 | 01 NOV 2012

COVER STORY:

Crew Ration: Rs 58 Lakh Swindled

How low can a department plummet is manifested in one of the massive fraud in which officials of Directorate of Shipping Services gobbled Rupees Fifty Eight Lakhs meant for the ration of crew on two mainland going ships.

By Zubair Ahmed

The Directorate of Shipping Services had entered into agreement with two catering contractors - Fareed Traders and YAR Shipping & Catering Pvt Ltd for running canteens onboard MV Nancowry and MV Swarajdweep. As per the agreement, the contractors were required to supply ration to the crew members onboard the vessels as per the scale prescribed at Rs 200 per head per day and submit bills for every month, duly certified by the masters of the vessels after verification by the Catering Officer onboard and the Accounts Officer to the DSS for payment.

Meanwhile, the crew members peeved with the quality of the food supplied to them by the Contractors had brought it to the notice of the concerned officials time and again. The crew members had mustered and explained the masters of the vessels regarding the sub-standard of provisions and poor quality of the food. The Masters after verifying the complaints inspected the stores and found that provisions in the stores were unfit for human consumption. Log entries were made and the information was conveyed to the Directorate of Shipping Services. The crew members stopped accepting ration from the contractors and implemented self-messing with immediate effect from 1 March 2008 and continued till 04 Sept 2008.

In the meantime, series of meetings between the Unions representing the crewmembers and the officials of DSS were held on this particular issue and finally self-messing was implemented by DSS from 1 March 2009 exactly after one year the crew had requested for it. Meanwhile, the crewmembers had started self-messing and were meting the expenses from their pocket for a period of one year.

Records reveal that crew members of both vessels did not receive any ration from the contractors, and accordingly contractors did not submit bills in respect of crews and submitted bills only in respect of officers for the period of one year.

When the crewmembers approached the Directorate seeking reimbursement of the money spent by them on ration, it was out rightly rejected by the DSS stating that the reimbursement in lieu of the provisions is not admissible.

Aggrieved by the stand of the DSS, the crewmembers represented by National Union of Seafarers of India (NUSI), approached the Tribunal, which awarded in favour of the crewmembers on 29 Feb 2012. In fact, the Tribunal had asked the parties to reach an amicable solution. DSS represented by its Director, Capt K S Seshasai informed that the department shall reimburse the crew the amount due to them. The crewmembers after a long struggle won the battle. However, the story does not end there.

When NUSI had earlier approached the DSS seeking the documents related with victualling for the specific period, it came to light that the Contractors had submitted the bills without the signature of Catering Officers onboard and certificate from the Master for each month when the crewmembers had been self messing. A total amount of Rs 58.43 Lakhs was paid to the Contractors.

These bills were not certified by the master of the concerned ships and instead they had furnished only the list of crews of each month. It was also observed that the fact of self-messing was not mentioned in the notes either by the Accounts Officer and DSS while passing the claims which tantamount to undue favour to the contractors knowingly.

The modus operandi of the DSS officers was very simple.  The Bills prepared by the Contractors should clearly mention that Catering/Victualling contractor has supplied/catered to the crewmembers and the list of the crewmembers with number of days and should be duly certified by the Master and Catering Officer of the vessel. In this specific case, a list of crewmembers were attached without mentioning any purpose and was only signed by the Master, who was unaware of the purpose of the list. 

The Accounts Section and the Crew Section of the DSS should have verified the facts and found out whether ration/food was catered to the crew before passing the bill. It is very clear that with the connivance of the corrupt officers in the Directorate, the amount was bungled by them.

When the crew approached the Masters to find out the fact, they also informed that they have no record for supply of provisions to the crew during the period when they were on self-messing. But, ignoring all the precautions, the officers went ahead and paid the amount to the contractors.

When the issue was brought to the notice of the Dept by the Unions and other organizations, the Contractors were asked to refund the amount , but nothing has happened yet.

The Asst Secretary Shipping on receipt of written complaint from General Secretary, Andaman and Nicobar Peoples Anti Corruption Forum against C J Antony, the acting Accounts Officer and K S Seshasai, Director had asked to submit a detailed report on the matter. However, no reports were submitted by DSS on this issue.

The Admn is yet to fix responsibility for such excess overpayment on any individual. The records clearly indicate that the Accounts Officer who had verified the bills were fully aware of the facts and with due support from the higher officials of the Dept, had over-stepped with the confidence that the support of Secretary and Director will shield him.

Although the matter is in public domain for almost two years now, any kind of punitive action is not seen anywhere in the Department.

COVER STORY | Marine Dockyard: A Big Yawn!

THE LIGHT OF ANDAMANS | VOL 36 | ISSUE 03 | 01 NOV 2012

COVER STORY:

Marine Dockyard: A Big Yawn!

The Marine Dockyard has very good fitting, machine and moulding shops, but remains under-utilized as majority of the 320 and odd workforce doesn't possess the mandatory IRS certification in their trade. Nothing possible has been done yet to make the staff go through the process and get the necessary certification to be competent to repair the vessels. Why should the staff take the initiative? It will only burden them with more work. But if some incentives are provided and the pay weigh made skill-oriented, the dockyard can be put to optimal use.

The same dry dock is used by Coast Guard and they get their work done on time, while most of the vessels managed by DSS or ABS do not keep any time schedule, which has affected the service at all levels.  The contractors who work for Coast Guard make the rental payment for the dry dock. And if they overshoot the schedule, they have to bear the brunt. Moreover, Coast Guard always stocks critical spares.

Although there cannot be any comparison of DSS with Coast Guard, but they could have used the basic template followed by Coast Guard. Even private vessels have no such downtime as DSS owned vessels. There is no routine maintenance of the ships due to laid-back planning process.

COVER STORY: The Invisible Faces

THE LIGHT OF ANDAMANS | VOL 36 | ISSUE 03 | 01 NOV 2012

COVER STORY:

The Invisible Faces

As mentioned, there are a few faces hidden from the public eye, wielding supreme power to maneuver and have the rudder in their control. From Shakti Sinha, then Secretary Shipping, who have been keen protecting his Captain and flock from all harms had a proper hand in one of the cases - swindling of ration money of the crew of two ships. It's a clear case of fraud and DG Audit has also raised queries which still remains unanswered.

The Deputy Director of Shipping Services purposefully kept silent and played to the tunes of the Director to achieve his goal of a clean ACR for UPSC for the post of Deputy Director. The post was intentionally kept vacant for numbers of years and was filled by promoting the Manager (ISM), who managed to get back door entry to the Directorate as Manager (ISM) on deputation and subsequently got absorbed in that post with the connivance of A&N Admn. He has now been promoted on the basis of amended RR for the post of Deputy Director of Shipping Services which proposes composite method for selection.

It is imperative to note that the post of Assistant Labour Welfare Officer in the Directorate of Shipping Services, over which such hue and cry was made by the Director to retain C J Antony, is not the post of A&N Admn but a post of Central Labour Commissioner, Ministry of Labour, New Delhi created under the statutory provisions of Factory Act.

The initial decision of the A&N Admn to transfer Antony, Assistant Labour Commissioner as Labour Welfare Officer in the Directorate of Shipping Services vides Order No.3472 dated 06th October 2004 against this ex-cadre (central ministry) post was a total violation of recruitment procedure. Later, when on the appeal of C J Antony, Central Administrative Tribunal in respect of O.A.No.475 of 1993 had passed order to regularize the adhoc service against the existing vacancy of Assistant Labour Commissioner in the Office of Labour Commissioner & DET, Port Blair, it was not proper to retain him in the Directorate of Shipping Services. Instead the DSS should have requested the Central Labour Commissioner, New Delhi to expeditiously fill the post of Assistant Labour Welfare Officer. Why the Director was keen to have him on the seat needs a proper reply. However, after much hue and cry, he was shunted out. But he played a key role in the procurement process as Procurement Officer without any technical competence.

Six years in a seat should have raised enough heat for the Planning guy, who has been stand-relieved last week. The genius who looked after the whole DSS from planning, selection, inspection, operations and even procurement was the kingpin of the complete operations. It has to be seen whether he evades the net.

COVER STORY: Saving Capt Seshasai?

THE LIGHT OF ANDAMANS | VOL 36 | ISSUE 03 | 01 NOV 2012

COVER STORY:

Saving Capt Seshasai?

The Directorate of Shipping Services is in news once again for wrong reasons. Capt Seshasai has been repatriated to his parent organization. However, it is learnt from highly placed sources that former Chief Secretary Shakti Sinha, who was the Secretary, Shipping during the Capt Seshasai misdemeanors had met the incumbent Chief Secretary at Capital and what conspired between them is anybody’s guess. But, a very orchestrated game is being played to derail the investigation procedure by trying to send the case to CVC. When the Director and his cronies can be easily prosecuted based on the charges framed against him, why there is a move to send the case to CVC?

The investigation is over and charges proved beyond doubt, charge sheet prepared, and just prosecution approval pending, a major ploy is set to save oneself in the pretext of saving Capt Seshasai. There is more to what is visible to the naked eye. It won't be surprising if the case gets transferred to CVC as players are big and powerful.