Port Blair, July 04: The Port Blair Municipal Council has strongly refuted the baseless charges of corruption levied against Chairperson and few officers in the latest edition of a weekly newspaper regarding regularisation of third party tenancy rights of municipal shops and recruitment of draughtsman in the council.
A rejoinder from the Council clarified that the council has taken the reporting on the subject seriously and to put it in order, it has decided to file defamation suit against the tabloid and its Editor & Publisher under section 199 of CrpC.
In the latest edition of the weekly newspaper it has been alleged that Chairperson Smt Sheela Singh and some officers of PBMC are trying to regularize the third party tenancy rights of the municipal shops for some personal interests.
It has been further asserted that same has been resorted to give benefits to a particular shop belonging to Chairperson’s family. The weekly newspaper has also purported a theory of huge amount of money involved and called it the “biggest scam of the islands”.
The Tabloid has also gone ahead in alleging that to favour some influential candidates chairperson is not allowing higher qualified candidates to appear in the scheduled Draughtsman recruitment exam.
The Chairperson Smt Sheela Singh has taken up the matter very grimly and clarified on the issue, “Since the time I have taken over as the chairperson of PBMC, I have maintained total probity and zero tolerance towards corruption. All the policy matters are put up in the council meeting and I maintain that the COUNCIL is the only competent body to deliberate &decide the issues. To fulfil the promises and aspirations of the citizens of the city is the only agenda I have and I will ensure that these fake and caustic personal reporting does not deter me from my goal to make Port Blair ‘pride of the islands’. I have full faith in me and my officers and would like to assure the people of the islands that we would deliver on the hopes they have entrusted upon us. We have decided to challenge the report published in the tabloid in the court to set things right and bring the truth in public domain.”
She further stated, “As far as the matter of regularisation of third party tenancy rights for the municipal shops is concerned, NO TRANSFER OF TENANCY has taken place till now in my tenure. The decision of transfer of tenancy right was taken by the previous council in 24th March 2011 for some shops under the chairmanship of Smt Firdaus Bibi. The matter was further endorsed by the council under the chairmanship of Shri P B Murugan following which a press note to this effect was issued dated 4th June 2013. The decision was also implemented for only 15 shops in 16th January 2014 and their tenancy was transferred. No new decision or modification of earlier decision has been taken up recently. The council is only in the process to implement the earlier decision of 24th March 2011 in free, fair and transparent manner. Infact this time around council has been extra cautious to ensure no illegal transfer of tenancy takes place violating the resolution of the council taken in the year vide resolution no 70/MC/2011 dated 24/3/2011. Hence for the first time a list of shops alongwith the proposed tenant was published in various newspapers to invite claims and objections of general public on 27th May 2016. Subsequently the proposed tenants have been directed to pay penalty and clear their dues before applying for the transfer of tenancy.”
The background of the issue should be understood to appreciate the issue comprehensively. The Council has been constructing shops and shopping complexes at different places in the city and allotting them to the general public for last many years. Although the Terms and Conditions of Tenancy Rights given to the allottee clearly states that no further transfer of tenancy right is permitted, the council has been getting information and complaints regarding unauthorised transfer of tenancy rights by the original allottee to third party for last 10-15 years.
The issue was flagged many a times on the council meetings and subsequently in the year 2011 onsidering it as one time relief to the public earning livelihood through the shops and to find out a way forward to the complex issue, The council vide resolution 70/MC/2011 dated 24/3/2011 decided to regularise the third party tenancy right some shops after imposing penalty. The decision was taken by consensus by the whole council and with the permission of contemporary chairperson ShriFirdaus Bibi. Subsequently tenancy rights of 15 shops were transferred after imposing penalty ranging from Rs 21000/- to Rs 42000/- per shop vide order no.. 238 dated 16/01/2014. The decision was taken under the chairmanship of Shri K. Ganeshan. It was also decided by the council that further transfer of tenancy rights shall de done for the remaining shops in the phased manner. The decision regarding transfer of tenancy rights was further endorsed by the contemporary chairperson Shri K Ganeshan and all the council members.
As no relief for the remaining tenants was taken up for last 02 years, many tenants approached the council for extending the relief to them as done to 15 tenants and in line with decision taken by the council in meeting dated 30th March 2016 vide resolution no 67/MC/2016. Hence of late the matter was taken up and to maintain total fairness and transparency the list of all applicants was published in ‘Daily Telegram’ on 27th may 2016 wherein suggestions/claims of general public was solicited. Further the applicants have also been directed to pay their dues and penalties as per the resolution of the council. The process is still on and no transfer has been done so far.
Elucidating on the issue of allegation of draughtsman recruitment she further explained, “ The council is in process of recruiting 03 draughtsman as per the notified RR. As per the RR the essential qualification is … ‘ Certificate course in draughtsman for 02 years.’ The council had invited the application only as per the RR. But some candidates of other higher qualifications but not having the required qualification, have also applied. The matter was analysed legally and it was decided to strictly follow RR framed for the post. Not following the RR or relaxing it to accommodate some other individuals would be illegal and unfair. The same may be challenged in any court of law and could be struck down. Hence the council had allowed only the candidates fulfilling the RR to appear in the exam. There is no ambiguity in their regard and no favouritism or partiality has been exercised.”
