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U N I Q U E P E R S P E C T I V E O F T H E N I L G I R I S
Local perception
perception:: A cross sec-
tion of locals, on being asked
their opinion on corruption in
various departments, particularly
indicated the sub registrar’s of-
fice, the regional transport office
and the municipal office as cor-
ruption-ridden.*
Nearly everyone felt that local
politicians were the biggest per-
petrators of bribery.
Few have heard of the RTI (Right
to Information) Act and fewer
Forts in the
Nilgiris - what
remains.
the local viewpoint
It is time to form
an action committee
comprising members
of the public who will
jointly take up matters
like corruption at the
highest levels.
Indu K Mallah.
President, All India The anti-corruption campaign on national television
Women’s National jaago re is very inspiring. I have not been asked to
Conference, Nilgiris pay a bribe until now, but if I ever am faced with the
situation I think I will refuse to comply
Capt. (Retd) Pushpinder Singh.
Volunteer-Manager, Bee Museum.
What we must do
about corruption.
Each one of us has to look within I believe every individual must make a personal
and truly see what we require and choice to be uncorrupt... The Civil Services is still
what we don’t. The resources that one of the few institutions which has stayed free
we have are limited and austerity is of corruption R D Nazeem I.A.S Executive
the need of the hour. Corruption Director, Tea Board of India
usually lurks very close to
materialism. N Mohanraj
Environmentalist & WWF
Sketch Rtn Dr S Suresh Babu
representative.
We only require a petition from members of the
public and we will begin the necessary investigations
against the alleged offendors. The problem however,
is that even when people call over phone they do not
give their names. Dy Supdt. of Police Vigilance
&Anti-Corruption.
A popular tourist location in the Nilgiris ‘Nothing can get done these days of Ooty town. Its officers are in plain
was at the centre of an anti-corruption without a bribe,’ states a prominent clothes and are unassuming but their
raid recently. Foreign tourists were lawyer, who, notwithstanding her role in society cannot be understated.
apparently being charged an exorbitant professional status has had to part with ‘There are different ways in which we
gate fee for entry without being tendered money on more than one occasion to approach an alleged corruption
a receipt. The extent of misappropriation, ‘move a file’ concerning her own house situation,’ says the present Deputy
according to the head of the Vigilance property. A local hotelier recounts, ‘I Superintendent of Police heading the
and Anti Corruption wing - Nilgiris have had the distasteful situation of local wing. ‘One very effective method is by
district, ran up to the tune of Rs 20000/ body authorities who were refused a way of a trap which we lay wherein pre-
in collections per day! On a tip off, a ‘packet’ earlier in the day, returning late identified notes are exchanged and the
raid was conducted and the offenders in the evening and knocking on doors of person receiving the bribe, if found in
were nabbed with the unaccounted our guests saying that they were its possession, is immediately arrested.’
money of the day in their possession. conducting random checks. Rather than This, according to the official, is done
Excessive parking fee in Ooty town is put up with this nuisance we decided to based on a complaint filed by the
being collected, it is alleged, with fee part with the demanded money’, he aggrieved. ‘We also conduct our own
collectors cautioning that if the motor states, adding, ‘I feel that the present investigations apart f rom receiving
vehicle is found damaged upon the environment is such that it is impossible complaints’.
owner’s return they will not be to stay untouched by corruption. Complaints are specific, directing the
responsible. Irate locals say this amounts The local arm of DVAC (Directorate of department’s resources meaningfully or
to a veiled threat. Among the various Vigilance and Anti Corruption) works else, it is like searching for a needle in
aspects that these incidents have thrown into the night with various files the haystack. However, it seems the
up, extortionism is obviously one. containing pending cases found in its ground reality is that hardly any
Submissive acceptance is another. small, nondescript office in a remote part complaints are filed. For instance, all of
The Prevention of Corr uption Act (PCA) 1988
Corruption 1988, last year only two were submitted! Corruption: ‘The misuse of
defines public duty and public servant, amply. Several local business owners who were public office for private gain’
Public Duty: It means a duty that is done for the randomly asked to comment on the issue is the definition that serves
benefit of the State, the public or the community at a of corruption, chose not to respond. A the effective implementation
large. few declined to speak on telephone but
of the Prevention of
Public Servant: It is a unique term in Anti-corruption offered to talk about it under the
law, being the deciding factor at the threshold of condition of anonomity and if they were Corruption Act, 1988.
one's liability, depending on his being public servant. met in person. A retailer talks specifically (See section, facing pg, on the
The term 'Public Servant' was not defined under the of harrassment by a food inspector of the definition of public servant and
PCA, 1947 and the Act adopted the definition of the municipality in whose limits the store public duty)
term under sec. 21 of the Indian Penal Code. The comes under, saying that cheese products
PCA of 1988 provides a wider definition in the Act that they stocked were picked up in a
itself under clause (c) of sec. 2 under which, the random manner and the official
emphasis is on public duty and not on the Authority unnecessarily threatened to declare the
remunerating. The definition is enlarged so as to stock unfit for consumption unless he
also include the office-bearers of the registered co- was ‘taken care of ’, this inspite of the
operative societies receiving any financial aid from stocks being fresh. The enterprise now
the Government, or from a Government corporation makes a so called regular ‘payment’ - a
or company, the employees of universities, public fixed amount each quarter. The system
service commissions and banks. of regular payments seems a norm across
The following genres of persons fall within the various departments having not spared
ambit of 'public servant': even the healthcare sector. A medical hands of the service provider.’ He adds
a) Any person who is paid by the government or store owner (who recently quit the that if, for example, there is a deviation
local authority or remunerated by way of fees or business after 40 years in industry) shared from the sanctioned housing plan and
commission for the performance of or is in the his experiences with corruption within the concerned applicants want the
service of a corporation established by or under a this strata: ‘The competent authority officials to look the other way, they will
Central, Provincial or State Act, or an authority or overseeing Nilgiris’ 200 odd medical unhesitatingly bribe! As for the extent
body owned or controlled or aided by the Government stores operated out of Coimbatore.’ of corruption in the department, the
company as defined in the Companies Act, 1956. According to the erstwhile pharmacist, second time-elected representative
b) Any Judge or any person authorized by a court of the Nilgiri region was considered an admits that some staff reportedly do
justice to perform any duty, in connection with the unattractive proposition for the official accept a bribe but reassures members of
administration of justice or any arbitrator to whom to be based here. ‘He (the official) would the public that if anyone is being
any cause or matter has been referred for decision come once a month to make ‘collections’. harrassed he will not hesitate to
or report by a court of justice or report by a court ‘Everything in this trade has a fee. A inter vene and help the affected
of justice or by a competent public authority. fresh licence cost anywhere between Rs individuals in his official capacity. He
c) Any person who holds an office result to which he 5000/ to Rs 10000/. There are monthly however deliberately adds, ‘It is not up
is empowered to prepare, publish maintain or revise payoffs too that one needs to make if to me to clean the system.’
an electoral roll or to conduct an election or part of certain regulations are not met, one of ‘To be corrupt or not is a personal
an election, or is authorized or required to perform which is not adhering to the stipulation choice,’ says the present Executive
any public duty. that a medical store must not be located Director, Tea Board of India.‘The
d) Any person who is the president, secretary or alongwith a general physician’s clinic in individual - both the giver and the
other office bearer of a registered co-operative the same premises. How many stores receiver of bribe, are equally accountable
society engaged in agriculture, industry, trade or really follow that rule?’ for their actions’, states the experienced
banking, receiving or having received any financial The story of corruption, therefore, is IAS officer.
aid from the Central or State Government or any obviously not one-sided. Nevertheless, in the event of being
authority or body owned, controlled or aided by The Udhagamandalam Municipal harrassed or threatened with harrassment
Government or Government company as defined in Council chairman has a pointed business owners in particular, will resort
Sec. 617 of the Companies Act, 1956. question: ‘What about those who give a to what they believe is a quick-fix - to
e) Any person who is a chairman, member or employee bribe to get things done?’ he counters bribe. ‘To however do business at any
of any service commission or Board or a member of when asked about alleged corruption in cost is incorrect,’ explains a senior
any selection committee appointed by such Commission the municipality. ‘There are cases in auditor. ‘Some businesses do not stand
or Board for the conduct of any examination or which passport applicants, on realising up to harrassment because they
making any selection on their behalf. that they require documents such as a themselves don’t have a clean slate having
f) Any person who is the Vice-Chancellor or member ration card, in order to expedite this not declared all their sources of income.
of any governing body, professor, reader or lecturer process, will readily place money in the How can they possibly point a finger?’
of any University and any person whose services Continued on next pg
have been availed of by a University. Statutory disclaimer: TheLocal disclaims liability of any kind whatsoever, arising out of the readers use, or
g) An office-bearer or employee of an educational, inability to use the material contained in it. Adequate care has been taken to compile stories for the reference
of our users. TheLocal makes every effort to maintain accuracy of the information but does not accept
scientific, social, cultural or other institution receiving responsibility for any and disclaims responsibility for any loss or damage which may arise from the information
or having received financial assistance from the Central provided. All opinion expressed in the issue in the form of articles or any viewpoint is solely that of the individual
or State government or local or other public authority. or advertiser concerned and TheLocal accepts no liability thereof. None of the Authors, Contributors, Sponsors
or anyone connected to TheLocal can be liable for any reproduction of the material.
6
The jaago re campaign (a social message relate with everything around us with
on anti-corruption created by a large sensitivity and to critically introspect on What is not covered under RTI
Indian corporation) and aired frequently our own needs will have marked an Information, disclosure of which would prejudicially
on popular television, has inspired some. important first step in change,’ he states. affect the sovereignty and integrity of India, the
A former lady officer in the Indian army On a related note, as a developing nation, security, strategic, scientific or economic interests of
who settled recently in the Nilgiris, India does not have a respectable record the State, relation with foreign State or lead to
believes she will stand up to corruption with regard to the worldwide corruption incitement of an offence;
if faced by it. ‘I value my rights. The index put together by Transparency Information which has been expressly forbidden to
advertisement campaign is also very International. In 2008, the country was be published by any court of law or tribunal or
thought provoking.’ ranked 74 among 180 countries of the the disclosure of which may constitute contempt of
But what does it really require to stand world. If it be cause for less court;
up to corruption? Desperation perhaps. disappointment, neighbouring countries Information, the disclosure of which would cause a
‘I needed a chitta extract f rom the ranked worse: Pakistan, 140. Sri Lanka, breach of privilege of Parliament or the State
revenue department and the VAO’s 96. Maldives, 90. The top performer in Legislature;
(Village Administrative Officer) desk the region was Bhutan placed at 41. Information including commercial confidence, trade
had demanded Rs 3000/ for the effort,’ China, equally beset by corruption, secrets or intellectual property, the disclosure of
says a local resident, himself a bettered India by one position. From an which would harm the competitive position of a
government employee. ‘It was my first environment standpoint, how a country third party, unless the competent authority is satisfied
brush with bribery; I offered Rs 1000/ like India can implement its end of the that larger public interest warrants the disclosure
but they refused to oblige. I couldn’t soon-to-be-signed climate change of such information;
afford to pay more. In a fit of anger I management pact at its grassroots level,
considering the embedded culture of
Information available to a person in his fiduciary
wrote to the then Collector’ (the incident relationship, unless the competent authority is satisfied
happened some years ago). It seems the corruption, is ponderable.
that the larger public interest warrants the disclosure
District administration responded Coming back to local society, are we at of such information;
instantly and the concerned Tahsildar the point of no return or already past it?
was asked to conduct an inquiry in the Many believe it is too late. Which is a
Information received in confidence from foreign
presence of the aggrieved. ‘ The pity since the powerful tool that the
Government;
administrative officer, when hauled up, world’s largest democracy has given its Information, the disclosure of which would endanger
feigned surprise at the complaint telling people - the Right to Information lies the life or physical safety of any person or identify
me that my papers were already unused or under utilised. the source of information or assistance given in
ready!’He also tauntingly added, “Why confidence for law enforcement or security purposes;
The Right to Information Act is a law
didn’t you come to me directly?” enacted by the Parliament of India giving
Information which would impede the process of
While there are numerous locals who citizens of India access to records of the
investigation or apprehension or prosecution of
have put money at least once in the hands Central Government and State
offenders;
of a public servant (directly or through Governments. This law came into force Cabinet papers including records of deliberations
intermediaries) there are a considerable in October 2005. Information disclosure of the Council of Ministers, Secretaries and other
number of potential first-timers who in India was hitherto restricted by the officers;
think they will bribe if they have to as Official Secrets Act 1923 and various Information which relates to personal information-
in the case of the above example where other special laws which the RTI Act the disclosure of which has no relationship to any
the primary reaction of the applicant was now relaxes. The Act specifies that public activity or interest, or which would cause
to comply with the demand. citizens have a right to request any unwarranted invasion of the privacy of the individual
The culture of corruption is linked to information (except as stipulated (but it is also provided that the information which
fear or the lack of conviction to oppose alongside), take copies of documents, cannot be denied to the Parliament or a State
the malaise. It is also linked to inspect documents, works and records, Legislature shall not be denied by this exemption);
impropriety, for enhancing personal gain take certified samples of materials of Notwithstanding any of the exemptions listed above,
notwithstanding illegality or the work, obtain information in the form of a public authority may allow access to information,
unauthorised nature of the gain. printouts, diskettes, floppies, tapes, video if public interest in disclosure outweighs the harm
A noted environmentalist feels that as cassettes or in any other electronic mode. to the protected interests.
long as people continue to further self The information may be expected by the
interest at the cost of everything else (the applicant within 30 working days. In the Collectorate. The application will be
environment included), the cycle of Nilgiris, requests can be filed with the forwarded to the concerned PIOs in the
corruption will automatically be fed. ‘To Public Information Officer (PIO at the various departments. Exercising one’s
Concluded on pg 13
You mamayy repor
reportt corr uption to the Depar
corruption tment of Vigilance & Anti-corr
Department uption (D
Anti-corruption (DVVAC).
Complaints may be submitted in writing mentioning the relevant details such as when the complainant has made an application (eg,. housing plan
sanction, application of licence, chitta extract request etc,.) and to which department alongwith specific information of the bribe demanded and by
whom. This facilitates the process of a trap set-up. All complaints will be treated with utmost confidentiality by the dept of vigilance & anti-
corruption. General petitions may also be submitted to the above mentioned authorities who will thereafter commence independent investigations.
In case complainants wish to contact the vigilance departments by telephone, they may speak to the following: Dy Superintendent of Police, Dept
of Vigilance & Anti-corruption 94450 48883, Inspector of Police, Dept of Vigilance & Anti-corruption 94450 48943 or Office of the Dy Superintendent
of Police, Vigilance & Anti-corruption, Nilgiris District (0423) 244 3962.
7
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new year recipe
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2 eggs
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1 3/4 cup sugar
1/4 teaspoon salt
1/4 teaspoon baking powder
1 1/4 teaspoon soda bicarbonate
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2 1/4 cup refined flour
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Meet Ms Johnstone
(Marie Missy)
The Local Correspondent
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14
tribute
Merry Christmas & Happy New Year
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