Has the council administration collapsed in Mapusa?
Councillors allocate space and direct vendors where to sit in Mapusa market
MAPUSA
The administration of Mapusa Municipal Council appears to have completely collapsed and it seems the councillors have usurped the powers of the administration (read chief officer) in Mapusa.
In a curious situation, a councillor and Mapusa Market Committee chairman Franky Carvalho was found directing the fruit vendors where to sit and where not to, on Sunday.
Not a single official of the municipality was present in the market, as Carvalho went about the task of distributing space to vendors in the market.
In all, 2.5x2.5 meter space was demarcated along the street opposite the Mapusa Bazaar in the market and the fruit vendors from the area around the Shakuntala sculpture were shifted and made to sit in the new place.
Chaotic situation prevailed in the market in the morning when Carvalho armed with a list of vendors and a large police force in tow began to allot space to the fruit vendors in the new demarcated area.
In the bargain, many elderly vendors were shooed away and some were forcibly evicted to make way for the fruit vendors along the street opposite the Mapusa Bazaar in the market.
Mangala Kumbhar, who was vending masala items on the street, was evicted from her place without prior notice.
“I wasn’t informed and no prior notice was issued to me. Today morning they just came here and asked me to move. They have not even provided me an alternative spot,” Kumbhar said.
Rajeshree Kambli from Nadora who has been a vendor in Mapusa market for the last 30 years had a similar grouse.
“I have been selling vegetables here for the last three decades. I come in the morning and leave by evening. They have now asked me to leave the place,” she wept.
Some fruit vendors were also upset for not getting prominent place at the new location.
According to the Market Committee, Chairman, Franky Carvalho, such opposition always springs up at initial moment and later dies down.
“Same thing happened during the shifting of vendors in the fish market, vegetable market and now it’s happening among the fruit vendors. After the initial jitters things will settle down,” Carvalho said.
The focus has now shifted on whether councillors can allocate space to vendors and whether they can direct the vendors where to sit and where not.
“First of all, according to the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014, you cannot demarcate and allocate space to vendors as is being done now,” said Raju Gawas, Chief Officer of Mapusa Municipal Council. “The vendors are supposed to come in the morning and leave by evening,” he added.
He agreed that councillors have no power to direct vendors where to sit and where not to least of all allocate space.
Councillor, Martin Carrasco and Vibha Salgoankar’s husband Vishwas Salgoankar were also present in the market.
-
-
BOX
-
-
Councillor cannot enforce decision, CO can: DMA
-
-
THE GOAN NETWORK
MAPUSA
Quoting the Goa Municipalities Act, the Director of Municipal Administration Elvis Gomes informed that a council is a decision making advisory body and the actual implementation of the decision has to be carried out by the Chief Executing Officer or Chief Officer or an officer deputed by him.
“Once the council takes a decision, it’s the responsibility of the chief officer (CO) to implement the decision on the ground. However, the CO can contest the council’s decision if it’s bad in law,” Gomes said.
When pointed out to the unique situation in Mapusa where councillors have been allocating space and directing vendors to their seats, the DMA said this was not as per the law and the chief officer could actually land into a problem in such a situation.
“What happens if the councillors take some arbitrary decision and someone approaches the court? In such a situation, the chief officer is answerable to the court and not the councillors,” Gomes pointed out.
He said the councillors cannot take a decision unilaterally without informing and taking the chief officer into confidence.
Can a councillor be taken to task and face disqualification for acting against the Municipal Act in such a situation?
The DMA answered in the affirmative but said that it was a question of procedural matter.
