The Corporation of the City of Panjim is in once again in the news for all the wrong reasons -- for proposing to nominate two former councillors Kabir Pinto Makhija and Kishore Sastry as co-opted councillors merely on the recommendation of CCP Mayor Rohit Monserrate and CCP Commissioner. This has caused quite a stir because of multiple allegations of lack of transparency in their nomination.
Activist Advocate Aires Rodrigues has to be credited in this case for discovering that the background of the two councillors (at least as per their bio-data they themselves submitted to the Corporation) is not in accordance with the laws and the purpose for which these former councillors have been selected.
As per the CCP Act, only planners, architects, doctors and members of NGOs are eligible. Rodrigues states that the intent of the law for these kinds of appointment, and creation of these kinds of posts, is so that experts or persons with vast knowledge or specialists in their own field may be appointed to these posts to advise the Corporation officers, or may contribute their ideas at meetings and deliberations of the Corporation.
However this has not been the case here.
There are five posts open in the Corporation for various specialisations. The two posts nominated and currently under scrutiny are for experts in the fields of engineering and urban planning/municipal administration. The bio-data documents of the appointed persons presented to the Corporation should obviously reflect the same. However, the documents handed over to Adv. Rodrigues under RTI showed absolutely no information about engineering or urban administration expertise.
These appointments have been condemned, pointing to misuse of the laws and regulations by nefarious minions of the Corporation in order to rehabilitate old political affiliates.
Information obtained in early April this year reveals that CCP Mayor Rohit Monserrate proposed their names to the Director of Urban Development. This proposal seems to have carried more weight than their lack or qualifications for these roles!
Former Mayor and senior councillor Surendra Furtado has correctly demanded that the Directorate of Municipal Administration (DMA), strike down these political appointments, as they will be of no help to Panaji. Panaji is in urgent need of expert help to get out of the hole that the administration has dug.
My understanding is that the people who will occupy these advisory posts must do so under ad-hoc conditions. i.e
1) Work on a temporary or limited time basis, depending on a particular civic project the Corporation is undertaking at that time. Otherwise he/she becomes a permanent salaried employee of the Corporation.
2) Monetary payment for that service should be on an hourly basis or retainer rate. Usually an amount of money paid to secure the services of a consultant, freelancer, lawyer, or other professional for a single case or project.
My understanding is also that these professionals assisting the Corporation will function similar to the workings of Amicus curiae, (Latin: “friend of the court”), a Lawyer who assists the court by furnishing information or advice regarding questions of law or fact.
There are other matters of procedure and fairness. Before a tender is submitted to do any works, Corporation rules require the business party (the Tenderer) to have previously submitted, all the documentary aspects of the Tenderers business bio-data, in a transparent manner. This business bio-data will include documents showing technical experience and expertise as well as bank documents showing financial fitness. These tenderer records with the Panjim Corporation are open to all to see and examine.
The same transparent laws and process must also apply to the invitation of experts to advise the Corporation, and the Corporation must make simple procedures for experts to record their bio-data and experience with the Corporation.
This is not to target the two appointees specifically. Perhaps they have their own fields of expertise whatever that may be and if there is a need for their expertise they should be appointed in a lawful manner.
Why can’t the Panjim Corporation make similar rules where the technical people they need, the urban and town planners, engineers, accountants, lawyers record their bio-data in an open and transparent manner, on the Corporation’s website, so that all the people of the State can see and appreciate their bio-data, and that they are eligible to be on the list of experts there to help in the improvement of Panjim and Goa.
In this manner the Corporation can have 50 or 100 of the best experts in their fields for special advice. It will be cheaper than allocating an annual salary to five councillors, and some of the councillors may not even be proficient in the required area of specialisation, and the Corporation will still have to hire other experts from outside, and pay them for their services over and above the annual salary to the five councillors.
By adopting the correct transparent rules and procedures, the Corporation will automatically prevent corrupt people from wanting to utilise the Corporation as a cash cow.
(The writer is a social activist)
