The Pune Municipal Corporation, in gross violation of the BPMC Act under which it functions, was unabashedly giving generous donations to social organisations from taxpayers’ money until RTI activists discovered the financial irregularities and put a stop to this economic crime. In such cases, the government’s Lokpal Bill has no provisions to punish the guilty whereas the Jan Lokpal Bill has. Here’s how
One of the crucial differences between the government's Lokpal Bill and the Jan Lokpal Bill is that the former covers only 'A' group government officers, leaving the lower ladder free from investigations and action needed to be taken against corruption. This means out of about 2.5 crore government employees in our country, only 65,000 are under this net. Whereas, in the Jan Lokpal Bill, the entire government machinery would come under Lokpal; thus keeping vigil on the lowest rung of the patwari to the highest rung of the chief secretary. The chunk of the corruption takes place in the lower cadres and the example of money being frittered away by the Pune Municipal Corporation (PMC) for cultural and social programmes of private organisations is a stark example, unearthed through the Right to Information (RTI) Act.
Pune's mayor Mohansingh Rajpal, the first-ever Sikh mayor of the city, decided in 2010 that the city should celebrate the Baisakhi festival in a big way with renowned singer Daler Mehndi as the star attraction. Hence, he dug into the coffers of the PMC treasure chest to magnanimously donate Rs30 lakh to a social organisation called Sangat Seva Foundation and make the municipal corporation the co-sponsor. The first instalment of Rs15 lakh was given by way of cash.
When newspapers carried the news about this donation, Vijay Kumbhar, RTI activist and founder of Surajya Sangharsha Samiti and Sandeep Khardekar, social activist and founder of Creative Foundation, decided to investigate into the legality of such a donation. An RTI application revealed that the mayor had given the money as per the provision provided in the PMC annual budget of 2010-11, specifically for the Baisakhi festival. However, both the activists studied the BPMC (the Bombay Provincial Municipal Corporation) Act, which clearly stated that the PMC cannot co-sponsor such events and it is a crime even under the Indian Penal Code to donate money in cash. They dashed off a letter demanding inspection of files under Section (4) of the RTI Act. The letter stated, "PMC has co-sponsored Baisakhi event of Sangat Seva Foundation by violating various sections of the BPMC Act. Now it is also confirmed that money given as first instalment to the said social organisation has been given in cash. This is a serious offence under various sections of the BPMC Act and the Indian Penal Code. So please officially declare the facts at the earliest. Otherwise we will be compelled to draw the conclusion that you are also involved in this scam. So please supply us information on: whether Sangat Seva Foundation is registered? Has money provided to the said foundation given in cash? On whose name was the money withdrawn? Who actually received the money? Can PMC give money in cash? And if so, what is the limit for that?
Why was money not given by account payee cheque? Declaring all this information under section 4 (1) (c) and (d) of RTI (Act) is compulsory for you as a head of public authority.''
Revelations were scandalous as it was found that the Sangat Seva Foundation was not even a registered social organisation; that PMC under the BPMC Act cannot give donation in cash beyond Rs2,000; that no singular social organisation can be given a grant of more than Rs3,00,000; the PMC cannot be a co-sponsor to any such events; the annual limit of donations is Rs15 lakh and; any PMC-organised event cannot be charged (tickets)-it has to be free but the Sangat Seva Foundation had issued tickets for sale. The point of this controversy is that it may not be as large as the 2G Scam or the Commonwealth Games Scam, but it showed that misappropriation of public funds begins from the grassroots and in a large way-so what is the point of having an anti-corruption law which leaves out this vital area?
With the donation issue kicking up into a major controversy, the then PMC Commissioner Mahesh Zagade called for an inquiry report from his senior officer, which Kumbhar procured under the RTI Act.
The findings of the report revealed that the additional municipal commissioner (special) had overlooked the BPMC Act and despite the deputy commissioner insisting on getting this donation approved by the state government and formulating a specific policy to allow such donations at the local level of the PMC, the money was unabashedly provided to the mayor:
However, the above inquiry report in its conclusion stated that the Sikh community is an important part of Pune's community, thus trying to qualify the illegal donation. It also quoted that large amounts had been given to the Pune International Marathon (Suresh Kalmadi's baby), Pune International Film Festival (again Kalmadi's baby), Marathi Sahitya Sammelan and Shaniwar Wada Cultural Festival (organised by opponents of Kalmadi) and so on. However, embarrassed by the controversy that the Baisakhi festival had kicked up, mayor Mohansingh Rajpal quietly put back the Rs15 lakh amount into the PMC's account. Says Mr Kumbhar, "How can the mayor take out and put back the money as per his whims and fancies? Isn't there any sanctity to this public fund?''
The RTI information also revealed that although the PMC cannot give a donation more than Rs3 lakh per social organisation and cannot give an annual donation of this nature more than Rs15 lakh per year, records show otherwise. They are as follows:
2008-09
* Sarvoday Pratishthan: Rs20 lakh
* Literary Association, (Warje): Rs10 lakh
* Janseva Pratishthan, (Gultekdi): Rs10 lakh
*Pune International Film Festival: Rs17 lakh
* Mangribaba Seva Pratishthan: Rs10 lakh
2009-10
* Samaj Vyaspeeth: Rs3 lakh
* Literary Association, (Warje): Rs10 lakh
* Prabhodhan Vichardhar: Rs10 lakh
* Prabhodhan Vichardhar: Rs10 lakh
* Pune International Film Festival: Rs17 lakh
Says Mr Kumbhar, "While Pune suffers from inferior civic amenities-be it roads or inefficient sewage treatment or solid waste management-the PMC indulges in illegal donations to please a privileged few and therefore I decided to find out the truth behind these donations.''
So what has been the impact of this crusade? The PMC rejected funding for the Pune International Film Festival and Pune Festival in Kashmir.
The moral of the article: RTI had helped in digging out scams but who will punish the officers responsible for such financial misappropriations? In this case, two municipal officers were denied the annual salary hike for just one year. Says Mr Kumbhar, "If the government's Lokpal Bill is implemented, such irregularities would be out of its purview. However, such issues would be investigated and action taken under the Jan Lokpal Bill. In the case of NCPRI's (National Campaign for People's Right to Information) Lokpal Bill recommendations, this issue would be outside the purview as she (Aruna Roy) suggests that an independent body be made to examine cases of other cadres of government employees except 'A' grade which has been included in the government's Lokpal Bill.''
(Vinita Deshmukh is a senior editor, author and convener of Pune Metro Jagruti Abhiyaan. She can be reached at [email protected].)
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My comment on the news about the donation made by the Mayor of Pune for Baisakhi celebrations was as follows;
There are rules @ laws to deal with such acts of dishonesty/indiscretion. However, the procedures to take them to logical conclusions are cumbersome, delay oriented, frustrating & self defeating leading to cynicism & indifference. The punishments are not only too mild to be prove a deterrent. There have been any number of commissions & committees recommending st remlining such procedures but the firmly placed vested interests ensure that such suggestions are consigned to record rooms. The self induced & nurtured impotency of the law makers & executive responsible for implementation of fair play & Rule of Law will not country/society improve. It is a state of symbiosis.
The frustration is there for all to witness & join in. There is a total lack of accountability all around including us, THE PEOPLE. The Society by its daily behaviour in the public places tend to indicate that we will not improve with out system of instant punishment . However, even a suggestion of harsh punishment commensurate with the kind of crime committed is shouted/shot down in the name of democracy & reformist approach. Even crimes against the society & the nation witnessed in broad day light await day light nights after nights! There any numbers of Kasabs, Kalmadis, Rajas & so on to substantiate this point. And look at the response of the " PARLIAMENT" to the ongoing agitation! Their efforts to duck the popular anger & demand to bring about a strong Lok Pal Bill is being done in the name of the Constitutional propriety. For more than four decades they have been hatching the Bill! And now they are trying to kill the movement itself to UP HOLD the Constitution. Great Nationalists, all!!
Can it be more ironic!