Allocation of Huge fund for ICZMP to be monitored

Allocation of Huge fund and its expenditure for various activities  under ICZMP  to be monitored

Dear friends  

On 15.11.16, RTI application  was submitted to the PIO, Dept. of Forest and Environment , Govt. of  Odisha seeking information about details of activities undertaken under Integrated Coastal Zone Management Plan ( ICZMP)  in Kendrapara district upto Oct. 2016. RTI Application was transferred to PIO, office of State Project Management Unit-Odisha , ICZMP to provide information. After four months, the PIO supplied  the  following information on 21.4.17.  There is complaint by locals  that  huge fund has been misused and misappropriated  by Govt. officials  and contractors  in this project.  In view of it, this information is presented  in public domain in order to help others  to  fight out corruption  in Rajnagar area and monitor the activity  undertaken in the area and how the common people have been benefitted out of the project.  

Information about details of Activities undertaken by ICZMP in Kendrapara district, Odisha

                                                                                                   Rs. In lakhs

Department	Description of Activities	Amount sanctioned	Amount utilised
OSDMA	Construction of Cyclone Shelter at Pentha	85.57	85.56
	Construction of Cyclone Shelter at Manjuapalli	91.24	91.23
	Construction of Cyclone Shelter at Badatubi	91.61	91.60
	Construction of Cyclone Shelter at Petachhela	134.37	134.37
Culture Deptt.	Structural conversation-Jagannath Temple, Pentha	23.03	21.62
	Peripheral development-Jagannath Temple, Pentha	117.29	16.28
Wildlife wing	Bio-Diversity – Construction of Hatcery ad rearing  complex of Crocodiles and laboratory at Dangamaal( Mangrove forest division)	80.12.	79.18
	Eco-tourism- Drinking Water facilities ( Digging of Deep tube wells) and water supply arrangements at Gahirmatha Marine Sanctuary( Chakrtadharpur-1 and Barunei-1)	3.32	3.30
	Eco-Tourism- Drinking water facilities  ( Digging of deep tube wells) and water supply arrangements at Bhitarakanika  sanctuary ( Gupti-1, Koilipur-2, Rajnagar-1 No, Dangamal-1 No.) Several Contracts	8.90	8.90
	Eco Tourism- Construction of Floating jetty  at Hukitola & Babubali	6.99	6.99
	Bio Diversity- Construction of permanent Campshed at Chinchrili and Dobandhi inclusive of digging deep tube well. ( Mangrove Forest Division)	47.77	46.73
	Eco- Tourism- Construction of raised  platforms  for pitching tents on them ( 5 nos) and construction of a kitchen  ad sit outs  at Barunai ( Several Contracts)	10.06	10.01
	Bio-Diversity – Works activities  for plantation  of mangroves / Mangrove associates  and other species  in 32  EDC villages  in 30.00 hect. land  ( several contracts)	11.50	8.28
	Bio-Diversity- Construction of Monitoring  Centre at  Chakradhara Pur, Rajnagar Tahsil, Kendrapara	40.99	40.89
	Bio-Diversity – Construction of Hostel building  for researchers/ scientists at Gupti with canteen facilities	136.15	135.50
	Bio –Diversity – Survey and demarcation, cost of inputs, fish bone channel digging , nursery raising, collection of seeds and seedling, replacement of seedling, for plantation of mangroves  in 138 hect. of land ( several contracts)	60.00	60.00
	Eco-Tourism- Renovation of Hukitola building at Hukitola	103.98	82.47
	Bio-Diversity – 2nd Phase for digging of fish bone channel and creation and maintainance of fishbone channel, fencing  and plantation of Mangrove i 138 hect. land ( Several contracts)	70.00	27.31
	Additional work of Hatchery ad rearing complex  of crocodile  and laboratory  at Dangamal	12.00	3.44
	Mangrove plantation for 35 ha. At Sanatubi	43.75	4.50
	Bio-Diversity – Procurement of poles, plastic  nets and accessories for mangrove platation	65.08	65.08
	Bio-Diversity- Procurement of 10 nos of country boat 8ft x 20 ft ( wooden) for river  protection squad	9.69	9.69
	Bio-Diversity- Supply  and installation of G.I. support  wire  for fencing  towards  protection of Mangrove plantation ( several contracts)	3.55	3.55
	Bio-Diversity- Procurement of  instruments of Harbarium under Mangroves  forest division , Rajnagar ( several contracts)	1.16	1.16
	Bio-Diversity- Procurement of poles, plastic nets and accessories  for mangrove plantation	92.86	91.74
	Bio-diversity- - Procurement of  instruments of Harbarium under Mangroves  forest division, Rajnagar	2.83	2.83
	Bio-Diversity- Cost of inputs for plantation of Mangroves  at 32 EDC in Bhitarakanika ( Several Contracts)	6.50	6.33
	Bio-Diversity- Hiring of Trawelers-2 nos and support boata-2 nos ( For 2012-2015)- Several contracts	85.78	60.78
	Bio-Diversity- Procurement of Speed Boat-2 nos	802.37	428.81
	Bio-Diversity- Procurement of solar light, water supply at monitoring centre in Chakradhar Pur  ( Several contracts)	10.00	9.61
	Prouremet of furniture  & fixtures for Hostel building at  Gupti	7.50	6.05
Water Resources Dept.	Installation of  Geo-Textiles  tube  embankment  with toe mount  at village Pentha for protection  against Coastal erosion  at Pentha	3295.93	3281.74
Fishery Dept.	233 SHGs  working in different activities  such as pisciculture, poultry firm, cold chain marketing  and diary firm	715.26	696.39

Pradip Pradhan

M-9937843482

Date-30.4.17 

Information about health condition of Chief Minister is denied under RTI

Information about health condition of Chief Minister is not disclosed by Office of Chief Minister, Odisha under RTI Act

Dear friends

In the first week of March, 2017,   Chief Minister Sri Nabin Patnaik gave a public statement that he was physically fit to run state administration which was highlighted by Media. Earlier, there was a lot of discussion in public domain (may be gossip) about terrible health condition of Chief Minister for which he is frequently visiting New Delhi for treatment. In my pursuit to get authenticated information about health condition of our beloved Chief Minister,  I filed RTI Application  dt. 4.3.17  to the PIO, Dept. of Parliamentary Affairs, Govt. of Odisha. The PIO sought the said information from the office of Chief Minister, Odisha. After obtaining the said information  supplied by Bishnu Prasad Mishra, Under Secretary, the  PIO has provided  the following  the information on 20.4.17.

Information sought for by Pradip Pradhan	Information  provided by PIO
Provide information about details of treatment undergoing Chief Minister of Odisha and name of the doctor examining and treating Chief Minister.	This information sought for does not come under purview of definition of RTI Act
ii. Provide photocopy of Medical certificate indicating that Chief Minister is physically fit  to  manage state of affairs.	This information sought for does not come under purview of definition of RTI Act
iii. Provide information about details of expenditure made towards treatment and medical reimbursement  against treatment of Chief Minister  from Jan 2014 to Feb. 2017.	No medical reimbursement  has been borne from State exchequer towards treatment of Chief Minister, Odisha
iv. Provide information  about other expenses made under different heads   which  has been borne from state exchequer   for Chief Minister  from  Jan. 2014 to Feb. 2016.	The Applicant has not sought what exact information he requires. So it can not be provided

Comments

A.    On point No. 1, 2 and 4, the PIO has tried to avoid to provide the iformation. The PIO with malafide intention denied to provide the information.

B.     First appeal petition will be filed  to the First Appellate Authority, Department of Parliamentary Affairs to get the complete information.

 Pradip Pradhan

M-9937843482

Date-30.4.17

Memo to Governor, Odisha on appointment of Lokayukta

Dear friends

During week-long Anti-corruption Campaign organised  by Odisha Soochana Adhikar Abhijan in 23 districts of Odisha from 1^st to 7^th April 2017, we have undertaken signature campaign    to build up public opinion  and generate public demand for immediate constitution of Lokayukta with amendment of Odisha Lokayukta Act in the state.  Hundreds of the people joining in our campaign have supported our drive by signing memorandum  addressed to Hon’ble Governor, Odisha   for constitution of Lokayukta in the state.  This memorandum has already been submitted   to office of Governor, Odisha  through Collectors of few district. However, the Memorandum with  compiled signature is also sent to Governor, Odisha by post  on 25.4.17.  The text of Memorandum is  presented below for Readers’ reference.

Regards

Pradip Pradhan

State Convener

M-9937843482

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Memorandum to Governor Odisha for ensuring the appropriate amendment to the impugned Odisha Lokayukta Bill 2014 for early institution of Lokayukta in the State.

To

Hon’ble Governor, Odisha, Bhubaneswar

SUB: Request for sending the impugned Odisha Lokayukta Bill 2014 to the State legislature for reconsideration by it by way of an appropriate amendment for making the State Vigilance an independent and autonomous anti-corruption agency of the State.

Esteemed Governor Odisha,

 We, the  following  signatories , joining in Anti-Corruption Campaign Organized by Odisha Soochana Adhikar Abhijan from 1^st  to 7^th April, 2017 , bring to your kind notice the following matter seeking your judicious action.

(1)   As you might know, the historic, anti-corruption law The Lokpal and Lokayuktas Act 2013 after being passed by the Parliament was notified thereafter in Official Gazette on 1^st January 2014. One of the most welcome provisions of this Act, which was also cherished by millions of Indians over decades, was that it, by way of amending the DSPE Act 1946, provided for reconstituting the CBI into a free, independent and autonomous agency for investigating into all manners of serious crimes including corruption in high places. Besides, the said Act also armed the Lokpal with the power of monitoring over CBI in respect of the cases of corruption entrusted by Lokpal to CBI for the purpose of investigation and prosecution. Moreover, the said Central law also mandated each State Government to pass a law for institution of Lokayukta within one year of its notification, in sync with the letter and spirit of the Central law.

(2)   As a matter of fact, Odisha was one among a few States, which in mid-February 2014 passed Odisha Lokayukta Bill 2014, though too hurriedly and bypassing any consultation with civil society groups engaged around anti-corruption issues. As a result, the Bill so passed suffered from several glaring omissions and commissions, which were also pointed out to the President, Governor and Chief Minister of the State through memoranda addressed to them and as well through media highlights. The most critical lacunae of the Bill, for which the Bill was condemned by all Opposition parties and civil society groups in unison, was its failure to reconstitute the State Vigilance the premier anti-corruption wing of the state into a free, independent and autonomous agency like the CBI was reformed at the Central level. Besides, the said Bill also kept the State Vigilance outside the monitoring purview of Lokayukta even in the matter of investigation of corruption cases referred by Lokayukta to Vigilance.

(3)   However, despite all this, the loopholes-ridden Odisha Lokayukta Bill was sent to the President for his concurrence, as it had been made under a Central law. The President reportedly gave his assent to the Bill towards the end of January 2015. But, thereafter, in absence of its notification in the Official Gazette, nobody has any clues as of today as to what actually happened to the impugned Bill.

(4)   Needless to say, while the Jan Lokpal Andolan was going on in full swing across the whole nation under the irresistible inspiration of Anna Hazare the iconic anti-corruption protagonist, the people of Odisha while supporting the cause of Lokpal at Centre, demanded too the setting up of a properly constituted and empowered Lokayukta in the State in place of a dysfunctional Lokpal languishing under the toothless Orissa Lokpal and Lokayukta Act 1995. As a matter of fact, the said Act of 1995 along with its institution of Lokpal stood abolished under Section 60 of the freshly passed Odisha Lokayukta Bill 2014.

(5)   As irony would have it, Odisha is now stuck up in a Trishanku state, whereby we have neither the old Lokpal nor the new Lokayukta in place to hear the people’s burgeoning grievances around corruption. However, given the choice, we won’t want either the revival of old Lokpal, which like a white elephant proved good-for-nothing during two decades of its nebulous career, or the installation of new Lokayukta proposed under the Bill, which having no semblance of control over State Vigilance would prove equally good-for-nothing albeit its high-profile statutory outfit and its disproportionately huge share in state exchequer.

(6)   Under the circumstances, we would earnestly beseech your esteemed authority to consider and act upon the following constitutionally available options in the interest of offering a good Lokayukta law to the people of the State, and thereby help the emergence of a corruption-free Odisha in days to come-

(i)           Sending back the impugned Odisha Lokayukta Bill 2014 to Odisha Legislative Assembly for reconsidering it with a view to its proper Amendment;

(ii)         Ensuring that such amendment should provide for making the State Vigilance, like the CBI at Central level, into a free, independent and autonomous investigative agency;

(iii)       Ensuring that such amendment should provide for exercise of monitoring authority by the State Lokayukta over the State Vigilance in respect of cases of corruption referred by the former to the latter for the purpose of investigation and prosecution;

(iv)       Ensuring that such amendment should provide for an adequate and independent budgetary provision for State Vigilance so as to help it discharge its multifarious functions as an anti-corruption watchdog agency properly and effectively;

(v)         Ensuring that such amendment should provide for adequate budgetary, infrastructural and manpower provisions to the State Lokayukta so as to enable it to function independently and effectively;

(vi)       Ensuring that such amendment, in compliance to the provisions made in Lokpal Act, should provide for entrusting the monitoring authority to State Lokayukta in respect of implementation of Odisha Right to Public Services Act 2012.    

Coming to the other item of the agenda i.e. Odisha Lokayukta Act 2014, Sri Singh observed that this Act in its present form won’t serve the purpose of timely investigation and prosecution of the cases of corrupt public servants as envisaged in the parent Central Act, because of its major lacunae i.e. absence of a free, independent and autonomous vigilance organization. Unlike the parent Lokpal Act which provided for reconstitution and empowerment of CBI into a free, independent and autonomous body, the Odisha Lokayukta Act leaves the Directorate of Vigilance the premier anticorruption, investigating arm of the State untouched, and it remains as before a pliant tool in the hands of the ruling clique for punishing or protecting any public servant charged with corruption, to suit their partisan considerations. Demanding suitable amendment to the defective Odisha Lokayukta Bill 2014, several petitions were timely submitted to President, Prime Minister, Governor and Chief Minister by Bhrastachar Birodhi Abhijan and Odisha Lokayukta Abhijan. But, ignoring the same, the Governor approved and President assented to the Bill, as a result of which we have now a lame-duck Odisha Lokayukta Act, which is utterly incapable of guaranteeing any impartial and independent probe into any allegation of corruption leveled against a public servant let alone prosecuting or punishing him within the time-limits laid down in the parent Act. It is therefore required of us to raise our voice aloud for an early amendment to Odisha Lokayukta Act 2014 before the Lokayukta is constituted as per this defective Act.              

Dealing with Odisha Lokayukta Act 2014, Sri Behera reiterated Sri Singh’s proposal to launch a sustained campaign for amending the Act with a view to incorporating the provisions that would impart freedom, impartiality and autonomy to the state’s premier anticorruption investigating agency Directorate of Vigilance in line with the provisions of parent Act in respect of CBI. He observed that in the given situation, a separate chapter dealing with Directorate of Vigilance needs to be inserted into Odisha Lokayukta Act, whereby the provision for selection of the DG Vigilance by a 3-member body comprising Chief Minister, Leader of Opposition and Chief Justice of High Court should be made. Besides, the proposed Chapter should provide for the overall control and supervision over the Director Prosecution to be exercised by the DG Vigilance. In absence of a law like DSPE Act in the State of Odisha, the Directorate of Vigilance while discharging its role and functions independently and autonomously for all practical purposes ought to remain accountable to State Lokayukta for the purpose of monitoring and reporting of its activities. With these observations, Sri Behera concluded his talk and asked for comments if any on the same from among the participants.

The Odisha Lokayukta Act 2014 in its present form, we are sure, would merely add to the long list of toothless laws that exist as of today concerning investigation and action against corrupt public servants, be they Ministers, MLAs/MPs, Panchayat leaders or Officials. The call of hour is therefore to unleash from today itself a new campaign, of course a more challenging one, for appropriate amendment to Odisha Lokayukta Act 2014 with a view to making the State Vigilance, the potential investigating wing of would-be Lokayukta, a truly free, and independent, empowered and autonomous body. An alternative to such proposal for amendment to the flawed Odisha Lokayukta Act 2014, around which both Government and civil society may deliberate with concert, is the option of a separate law to be enacted for imparting freedom, independence and autonomy to Odisha Directorate of Vigilance, the chief anticorruption investigating agency of the State, on the lines of DPSE Act 1946 which governs the constitution and functioning of CBI.

It is worth noting that the Abhijan apart from singling out the issue of a toothless Vigilance as the most engaging one in the context of the ongoing public discourse around Odisha Lokayukta law, had also pointed out several related omissions and commissions in the Odisha Bill which are still relevant in critiquing the Odisha Lokayukta Act 2014 in the light of parent Lokpal Act 2013.

Signature of the public  joined in Anti-corruption campaign orgnaised by OSAA.