India, Maharashtra, vijay kumbhar, News, Governance, RTI, Transparency, Civic Issues, Real Estate: circular

Showing posts with label circular. Show all posts

Monday, September 7, 2015

Maharashtra circular on sedition makes politicians and public servants “self proclaimed Government”

The bureaucracy in Maharashtra has once again put government in embarrassing position. It had left no stone unturned to be more powerfully than lawfully elected government. And unfortunately elected representatives have also succumbed to their wits. The blame game on governments circular on sedition has started .Oppositions have questioned intentions of government behind this circular, while Chief Minister of Maharashtra Devendra Fadnavis has placed the responsibility for the circular on the former Congress-NCP government.

Photo Courtsey pratimview.blogspot.in

CM has clarified that the circular is a direct translation of an HC decision. And that was based on the previous government's affidavit in the High Court. He has also termed media’s interpretation as “laughable” . However scenario is very different, the circular is not direct translation but twisted translation of original act and what had been put in The High Court on affidavit.

Out of 5 points only first 2 points of this circular are under criticism. In 1^st point words “लोकसेवक व सरकारचे प्रतिनिधी” means “ public servants and representatives of Government” have been mischievously inserted and that has caused the entire controversy .

In original act the words used in section 124A are “Whoever, by words, either spoken

or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India, shall be punished with imprisonment for life”

In the affidavit place in order state government has submitted that it would send guideline to police personal to take precaution while imposing section 124A . And 1^st point of this affidavit reads “The words, signs or representations must bring the Government (Central or State) into hatred or contempt or must cause or attempt to cause disaffection, enmity or disloyalty to the Government and the words/signs/ representation must also be an incitement to violence or must be intended or tend to create public disorder or a reasonable apprehension of public disorder;”

Photo Courtsey limenlemony.files.wordpress.com

If we read care carefully in original act or in an affidavit placed in High Court words “लोकसेवक व सरकारचे प्रतिनिधी” means “public servants and representatives of Government” were not there. However in circular while translating, these words seem to have been inserted. Point 1 of this circular reads “तोंडी किंवा लेखी शब्दांद्वारे अथवा खुणांद्वारे, अगर दृश्य अथवा अन्य मार्गामार्फत केंद्र अथवा राज्य सरकार, लोकसेवक व सरकारचे प्रतिनिधी यांच्याबद्दल द्वेष, तुच्छता, अप्रीती, अवमान, असंतोष, शत्रुत्व, द्रोहभावना अथवा बेइमानी याची भावना दर्शवित असली पाहिजे. अशा प्रकारचे शब्द,खुणा किंवा प्रदर्शन अभिव्यक्ती हिंसाचारास प्रवृत्त करणारी किंवा जनतेत असंतोष निर्माण करणारी असली पाहिजे”.

Who and why the inserted words “public servants and representatives of Government” is matter of investigation. However this can be termed as an attempt to amend law by issuing circular.

The next point of this circular is connected with point no 1. In Marathi it says’ सदर लेखी किंवा तोंडी शब्द, खुणा अथवा कोणत्याही प्रकारची अभिव्यक्ती यामधून राजकारणी अथवा लोकसेवक हे शासनाचे प्रतिनिधी असल्याचे ध्वनित होईल, त्यावेळीच सदर कलम लावण्यात यावे. That means “said (above mentioned) words/signs/representations show politicians or public servants as representative of the Government then only above section should be applied”. Actually in 1^st point word “politician” is not there but suddenly it appears in 2^nd point of Marathi translation.

Photo Courtsey whatoneearth.in

In affidavit filed in high court point no 2 is “Words, signs or representations against politicians or public servants by themselves do not fall in this category unless the words/signs/ representations show them as representative of the Government”. This point actually exempts from any immunity for politician and public servants from section 124 A. however Marathi translation not only provides such immunity it puts ‘freedom of speech and expression” in danger.

Point no 5 of this circular and affidavit placed in High Court is the only hope to assume that this will not be misused it says’ Before applying section 124A district law officer should be consulted and then within tow weeks Advocate generals opinion should sought.”. Fortunately in circular also same words have been kept untouched. Hence it is very difficult for police personal to apply section 124A to any one without Advocate Generals opinion.

However major question who did this mischief and why? It is not the first instance that bureaucracy has done such mischief. The most recent examples are.

1) It attempted to amend CrPC 156, With this amendment courts would not be able direct Police to file FIR without the sanction of the competent authority. This was clear attempt to shield both government servants as well as elected members. This would have made it harder to make accountable government servants and public representatives

2) In Maharashtra Right to public Services Act (MRTPS) they have eliminated all other fields except Governance from the Right to Public services Commissioners that are to be appointed under MRTPS. Section 13 (5) . It says the chief commissioner or commissioners shall be the persons of eminence in public life with wide knowledge and experience in administration in government or public authority. That means there will be only babus as CICs and ICs of commission

Photo Courtsey www.manjul.com

3) Under MRTPS imposition amount of a penalty has left to be specified by the State Government from time to time by notification in the Official Gazette. This is the trick to kill the act before its inception. If penalty provision is not fixed in the act itself, babus will time and again try to minimize or remove it completely by mere notifications.

4) To make public servants accountable government of Maharashtra introduced Delay in Discharge of Official Duties Act, 2005’, PoDiDoODA however bureaucracy never allowed to implement it properly. The funniest part is that the rules for PoDiDoODA came in to force in November 2013 i.e. after seven years of its promulgation. Hence, citizen’s charter was not implemented in many departments. And even after rules were framed the act was not implemented.

5) Many circulars were issued from Mantralay of Maharashtra since 1996 to express commitment to eradicate corruption and illegalities. Right to Information (RTI) Act was introduced soon afterwards. There was a provision for stringent action against illegalities exposed through the use of RTI. So far, 13 circulars have been issued for action against those involved in corruption and illegalities. But till today no action has been taken against any public servant according to these circulars.

In short bureaucracy has always tried to keep upper hand on democracy and unfortunate thing is elected representatives succumbed to their (Bureaucrats) wits for reason best known to them only.

Saturday, July 27, 2013

Oxford of the east goes Taliban way

The way university of Pune (UoP) has imposed several conditions, it seem that UoP has decided to go Taliban way. Henceforth students of this university, whether in campus or anywhere else would not be allowed to enjoy his constitutional rights? In a recent circular, it has imposed as many as 28 conditions on students, whatever of the age he or she may be. The way circular has been drafted, it appears that UoP will soon be introducing its own police force and judicial system.

One of the obligations on the students is, student shall not lodge any complaint or make any representation regarding any matter connected with the institution to press or other outside institution/agency etc. without forwarding the same through the Head of the concerned institution. That means if anything wrong happens to the students he/ she is not allowed to enjoy any constitutional rights available to him /her. Even if student has any grievance about institute or person of institute he / she cannot tell it to parents, for that he/ she has to rout the complaint through Head of the department, because representation to outside institution or agency is not allowed. That means students of the UoP cannot enjoy even rights available to children of this country

Most funny part of this circular is, UoP is going to consider, Possessing or using any firearms, lethal weapons, explosive, or dangerous or corrosive substance on the premises of the Institution. As well as Possessing or consuming any poisonous or stupefying drugs or intoxicant or tobacco or Ghutaka smoking or alcoholic beverage in any form in the Institution a misconduct and /or indiscipline. In addition, if found guilty UoP will penalize student with fine of Rupees five thousand.I guess this will be the welcome news for Underworld. All the institutes affiliated to UoP will become storage place for firearms, lethal weapons, explosives etc., with no fear of police , Indian penal Code , investigating agencies or courts. Just pay the fine of 5000 rupees and enjoy.

More over UoP has prohibited Use of mobiles at classrooms/ laboratory/ library and Use of Hot plates, Electric Iron, Tea/Coffee making machines, Water heating coils , radio, non-academic use of computers & Laptops. As this was not enough all the rules in this circular are applicable to external students also. It has not been made clear in the circular what will be the penalty if external student found watching movie with spouse. Students are also awaiting clarification on whether these rules are applicable to them only or staffs are also covered?

Any way reproducing the said circular for your comments,

CIRCULAR NO. 177 OF 2013

lt is hereby notiﬁed for information of all concerned that the amended Ordinance 157 as regards maintenance of discipline and good conduct by students has come into force with effect from 01.07.2013.

Ordinance 157: Maintenance of Discipline and Good Conduct by Students:

[Under Section 5 Sub Section (6) and (28) of the Maharashtra Universities Act, 1994].

1. Every student, during term of the course, shall be under disciplinary jurisdiction of the Competent Authority, which shall take appropriate action, in case of indiscipline / misconduct on part of the student. The Ordinance has come into force w.e.f. 01.07.2013.

2. Deﬁnitions: In this Ordinance unless the context otherwise requires,

(i) ‘Student’ means and includes a person who is enrolled as such by the University, Aﬂiliated College, or Recognised Institutions for receiving instructions and or qualifying for any degree or diploma or certiﬁcates of the University.

Note: This includes External Students also.

(ii) ‘Institution’ means and includes University/Affiliated College/Recognized Institutions, as the case may inclusive of Campus, Hostels, Play-grounds, Laboratory, Libraries, Gymnasium thereof.

(iii)Competent Authority’ for the purposes of the ordinance means and includes Head of the Teaching Department of the University, Principal of the Affiliated College; Head of the Recognized Institution, Chief Rectors of the University Hostels for the concerned students as such other persons, vested with the authority by Vice-Chancellor for external students. Provided in respect of mis-conduct regarding University examination, Executive Council shall only be the Competent Authority.

3. Obligations of the Students: Every student, shall all times,

(i) Conduct him self properly

(ii) Maintain proper behaviour.

(iii) Observe strict discipline both within the campus of the institution, Hostel and also outside, in Buses, Railways Trains or at public places, or at Picnic on Educational Trips arranged by the institution or at Playgrounds.

(iv) Ensure that no act of this consciously or unconsciously bring the institution or any establishment or authority connected with it into disrepute.

(v)Shall not lodge any complaint or make any representation regarding any matter connected with the institution to press or other outside institution/agency etc. without foiwarding the same through the Head of the concerned institution.

4. Any act of a student which is contrary to the provisions of clause (3) shall constitute misconduct and/or indiscipline, which terms shall mean and include, among others, any one or more of the acts jointly or severally, mentioned hereinafter, namely :

(i) Any act that directly or indirectly causes or attempts to cause disturbance in the lawful functioning of the Institution.

(ii)Habitual un-punctuality in attending lectures, practicals, tutorials and other courses as may be prescribed.

(iii)Repeated absence from lectures, tutorials, practical's and other courses as prescribed.

(iv) Canvassing for or accepting contribution or otherwise association himself with raising of any fund or any collections in cash or in kind in pursuance of any object whatsoever without the previous sanction of the Competent Authority.

(v) Occupation of any building such as, hostel room, residential quarter or such other accommodation in the premises owned or hired by the Institution, without prior permission from the Competent Authority.

(vi) Permitting or conniving with any person not authorized to occupy any hostel-room, residential quarter, or any accommodation or any part thereof of the Institution.

(vii) Securing admission in the Institution, to any undergraduate or post-graduate programme or any other course by fabrication or suppression of facts or information.

(viii) Obstruction to any student or group of students in his or their legitimate activities as such, whether in the classroom, laboratories, ﬁelds, playgrounds gymnasium or places of social and cultural activity within the campus of the Institution.

(ix) Suppressing material information or supply of false information to the Institution, for seeking any privilege.

(X) Possessing or using any fire arms, lethal weapons explosive, or dangerous or corrosive substance on the premises of the Institution.

(Xi) Possessing or consuming any poisonous or stupifying drugs or intoxicant or tobaco or Ghutaka smoking or alcoholic beverage in any form in the Institution.

(Xii) Ragging, bullying or harassing any student in Institution or outside thereof.

(xiii) indulging in any act as would cause annoyance, embracement to any other student, or member of the authority of the Institution, to staff member or any member of the family of the staff.

(xiv) indulging in any act of violence, assault, intimidation or threatening in the Institution or Hostels or outside thereof.

(Xv) Destroying or attempting to destroy or tamper with any ofﬁcial record or document of the Institution.

(xvi) Conduct, unbecoming of the student, at any meeting or special functions or sports and cultural activities arranged by the Institutions or at any other public place.

(xvii) Stealing or damaging any farm produce or any property belonging to the Institution, staff member of the Institution or any other student.

(xviii) Instigating violence or participating in any violent demonstrations or violent agitation or violent strike in the Institution.

(xix) Instigating or participating in any gherao of any official or staff member of the Institution.

(xx) Violation of any of the Rules and Regulations of the Institutions or orders of the Competent Authority.

(xxi) Gambling in any form in the Institution.

(xxii) Disorderly behaviour in any form or any act speciﬁcally forbidden by the Competent Authority.

(xxii) Refusal to appear to give evidence before Enquiry Officer appointed by the Competent Authority with respect to a charge against hlm.

(xxiv) Any act violating any provision of the Maharashtra Universities Act, I994, Statutes, Ordinances, Rules made thereunder.

(xxv) Conviction, in the Court of Law for criminal offence, involving moral turpitude.

(xxvi) Any other act not speciﬁcally mentioned hereto before which, whether by commission or omission, as would in the circumstances of the case be considered by the Competent

Authority as an act of misconduct and / or indiscipline.

(xxvii) Use of mobiles at classrooms/ laboratory/ library.

(xxviii) Use of Hot plates, Electric Iron, Tea/Coffee making machines, Water heating coils , radio, non academic use of computers & Laptops

5. The Competent Authority may impose any one or more of the following punishment/s on the students found guilty or misconduct, indiscipline, in proportion thereof.

(i) Warning/censure/Reprimand.

(ii) Fine not exceeding Rs. 5000/-.

(iii) Cancellation of the scholarship] award / prize/ medal, awarded to the student by the concerned Institution, with prospective effect.

(iv) Expulsion from the concerned Institution.

(v) Debarring from admission to a course or courses of study in the concerned institution. Debarring from appearing for examination or examinations, conducted by the Institution concerned, for a speciﬁc period, not exceeding ﬁve years.

(vi) Cancellation of the result of the student concerned in the examination of the concerned Institution, in which he has appeared.

(vii) Rustication from the institution for the period not exceeding ﬁve years.

6.If the Competent Authority is satisﬁed that there is a primafacie case for inﬂicting penalties, mentioned in Clause N0. 5, it may itself or through other person/persons, authorized by it, for this purpose, shall make enquiry, in following manner :

(i) Due notice in writing shall be given to the student concerned about his alleged act of misconduct/indiscipline.

(ii) Student charged shall be required within 15 days of the notice to submit his written representation about such charge] s.

(iii) if the student fails to submit his written representation within specified time limit, the enquiry may be held ex-parte.

(iv) lf oral evidence of the witness against student is recorded by the Enquiry Authority, the student charged shall be given an opportunity to cross examine the witness concerned.

(v) lf the student charged, desires to soc the relevant documents, such of the documents, are being taken into consideration or are to be relied upon for purposes of proving the charge or charges, may at the discretion of the Enquiry Authority, be shown to him after the notice as provided in sub-clause (I) above is furnished to him.

(vi) The student charged shall be required to produce documents, if any, in support of his defence. The Enquiry Authority may admit relevant evidence, documentary or otherwise at any stage before the ﬁnal orders are passed.

(vii) Legal practitioner shall not be allowed to appear on behalf of the student charged, in the proceedings before the Enquiry Authority.

(viii) Enquiry Authority shall record ﬁndings on each implication of misconduct or indiscipline, and the reasons for such ﬁndings and submit the report along with proceedings to the Competent Authority.

(ix) The Competent Authority on the basis of ﬁndings, shall pass such orders as it deems ﬁt.

7. Provided procedure prescribed above need not be followed and all or any of its provisions may be waived in the following circumstances :

(i) When the student charged admits the charges in writing.

(ii) When the order of punishment is to be based on facts which have led to the conviction of the student charged, for the offence involving moral turpitude.

(iii) When the student charged has absconded or for any other reasons it is impracticable to communicate with him.

(iV) lf in the opinion of the Competent Authority, a punishment or ﬁne not exceeding Rs. 5000/ - or Reprimand Censure, Warning is sufﬁcient.

8.If the punishment of rustication is imposed on a student by Principal of the College] Head of the Institution/Head of the Teaching Department or such other person in whom the authority is vested by the Vice- Chancellor for external students, such a student shall be entitled to prefer an appeal to the Vice -Chancellor, if the punishment is imposed by the Vice -Chancellor, student shall be entitled to prefer an appeal to the Management Council of the University within thirty days of the receipt of the notice of the punishment.

9. in respect of such student, Head of the Institution shall maintain record of the punishment.

10.The institution shall, on each occasion of any punishment being imposed on any student, intimate by a letter, to be sent Under a Certiﬁcate of Posting, the fact of such imposition to the parent or guardian of such student on the address available in the college records.

11.A copy of these rules shall be supplied to each student at the time of his admission to the institution and a receipt for the same shall be obtained from the student. This receipt shall form a part of the record of admission of the student.

12.If any foreign student is admitted for any course, concerned institution shall send copy of the rules to concerned foreign embassy and department of external affairs.

13.Central Discipline Committee be constituted at University level, Separate discipline committee's for each department & Service unit be constituted under the chairmanship of Head.

14. Discipline Committee be constituted by every affiliated college/recognized institution under the chairmanship of Principal/Director.

Ref. No. Law/2013/273

Date: 01.07.2013

Monday, September 7, 2015

Maharashtra circular on sedition makes politicians and public servants “self proclaimed Government”

Related Stories

Saturday, July 27, 2013

Oxford of the east goes Taliban way