*ROW OF SORTS OVER POWERS OF ELECTED COUNCIL, CHIEF OFFICER * CO SAYS FILES NEED NOT BE REFERRED TO CHAIRPERSON, BUT WILL FORWARD RESOLUTION TO GOVT FOR ACTION
MARGAO
Margao Municipal Council’s resolution insisting that all construction files are routed to the municipal chairperson has kicked up a fresh row of sorts and has thrown up a debate of sorts over the powers of the elected council and the chief officer vis-à-vis issuance of construction licenses.
The Margao Municipal Council is no stranger to the controversy over the powers of a municipal chairperson and chief officer. Over a decade ago, a former chief officer had even levelled serious allegations that a couple of councillors were extorting money from builders.
In the past, the government through the Director of Municipal Administration (DMA) had sought to cap the row by insisting that the issuance of construction licenses falls in the domain of the chief officer.
In fact, a former DMA had in a circular stated that construction files cannot ordinarily be routed to the office of the chairperson as a matter of routine, but the chairperson can exercise his right as the council’s supervisory head in seeking certain files for his perusal.
The latest resolution adopted by the Margao Municipal Council at its meeting has once again triggered a debate about whether the elected council can demand that the chief officer's office route the construction files to the chairperson for perusal.
Incumbent Chief Officer Agnelo Fernandes has already struck a discordant note by saying that construction and other files need not necessarily be referred to the municipal chairperson. To avoid bad blood, however, with the elected council, the chief officer has said he would forward the council resolution to the government for guidance and action.
Bureaucrat-turned-politician and former Director of Municipal Administration, Elvis Gomes is of the opinion that the Margao Municipal Council is justified in demanding that construction files are routed to the chairperson as well before granting licenses.
“One has to understand that the technical clearances for construction files are given by the PDAs or the TCP where there’s hardly any representation from the municipal body. The technical section and the chief officer issue the license as a matter of routine since the PDA or TCP has granted technical clearance for the files. The elected councillors are totally kept in the dark. They come to know of a project coming up in their wards only when the construction gets underway and receive flak from the people”, Gomes said.
He added: “During my stint as DMA, I had proposed to the then Urban Development Minister to make a provision wherein the files are also routed to the chairperson, but with checks and balances. I had proposed that the chairperson cannot sit on the file beyond three days and required to return the file to the chief officer with his remarks”.
Says former Margao municipal chairperson and convenor of Shadow Council for Margao, Savio Coutinho: “No doubt the ward councillors continue to be the punching bags for the wrongs that happen in their respective wards, but the local MLAs, however, prefer that the chief officer remains in absolute control and power of the municipal affairs. The chief officer being in control, facilitates the local MLAs to give directions to their agenda”.
He said the latest resolution adopted by the MMC may hardly have much bearing, but the same will surely create a tussle between the chief officer and chairperson, as it happened with him in the past.
“It would have been wiser on the part of the councilors if they had to press upon their mentors to get a circular/order granting them the powers to route the files via the chairperson, and conferring the councilors the right to join the site inspection”, he said
He added: In Margao, it is definitely an interesting situation today; since way back in 1996, one MLA - Vijai Sardesai - wanted rights to the councillors, while the other MLA Digambar Kamat vehemently opposed the move through the builders' lobby, thereby pulling out Vijai from his position as the co-opted councillor. Interestingly both of them are together on the same side”.
Chairperson backs council's decision
MARGAO
Margao Municipal Council Chairperson Lyndon Pereira has justified the council's decision demanding that construction files are routed to the office of the chairperson before the chief officer issues the licenses.
He has also backed the decision of the City Fathers, demanding that the councillors are kept in the loop during site inspections conducted by the engineers.
“Councillors had been complaining that they are totally kept in the dark when construction projects are approved by the council. People blame the ward councillors for the decisions of the municipal engineers and the administration. Hence, the City Fathers have now insisted they be taken into confidence when the engineers conduct the site inspections”, Lyndon said.
He added: “Why these two yardsticks for the municipalities and panchayats? When the plans cleared by the Town and Country Planning department come to the panchayats, the files are placed before the body meeting chaired by the sarpanch. In the case of the municipal bodies, files cleared by the PDA are not even routed to the chairperson, leave along placed before the council meeting”.
