Thursday, August 17, 2023

KSPCB: Violation of the Act by the Chairman

 State Pollution Control Board: Bias in ₹₹19.92 crore contract

KSPCB: Violation of the Act by the Chairman 


Kere Manjunath ಕೆರೆ ಮಂಜುನಾಥ್

BENGALURU: The State Pollution Control Board's CHAIRMAN has violated the laws in ordering awareness programs, according to the report of the inquiry committee appointed by the state government.

As per Water Pollution Act 1974 and Air Pollution Act 198, the CHAIRMAN of the Board has no authority to constitute any committee. It is clearly mentioned in the report that Chairman Shanth Thimmaiah has formed the single source committee in violation of acts.

State Audit and Accounts Department Additional Director Mahadeva is the investigating officer of the committee constituted by the government. It is said in the report that the decision to select a single source organization was taken with the intention of awarding contracts to the planned institutions.

 The CHAIRMAN of the board has appointed a self-proclaimed chairman of the single source organization. A committee of three experts should be constituted under the Transparency Act 1999 -4(b). The members should be experts in the same subject on the board.

 An office memorandum was issued by the CHAIRMAN himself, who constituted a single parent organization. This committee was constituted with the objective of giving approval to five organizations to give planned advertising works. Considering the proposal of five firms for advertisement worth ₹19.92 crore, four firms are considered as single source firm. As per Section 15(e) of the State Government Rules, 1976, the CHAIRMAN can approve only tenders worth ₹25 thousand in each case, the report said.

 A short term tender of 35 days could have been invited. Without considering it, it was found to be biased with the intention of awarding contracts to the scheme persons, with the intention of controlling competition.

The single source agency was chosen with the intention of awarding contracts to the proposed organizations without the prospect of reaching more people with environmental awareness programs, the report said.

 In addition to this, in a letter written by Mahadeva to the Member Secretary of the Pollution Control Board on August 16, a proposal for readjustment in the budget of ₹24.60 crore has also been submitted to the board meeting. It has been suggested to provide the copies of the power transfer order received from the government for readjustment to these account headings.

 Background of the case

 A meeting of the 'Single Source Committee' chaired by Board CHAIRMAN Shant Thimmaiah agreed to award the contract to specific agencies in violation of the Karnataka Transparency in Public Procurement Act-1999 (KTPP) to carry out awareness programs worth ₹17.85 crore. Suri Payala, who was the member secretary of the board, had written a letter to the government saying that all this is a violation of the KTPP Act and action should be taken in this regard. The Principal Secretary of the Department of Environment and Biodiversity had written to him on July 3 and given all the information approved in the 'Single Source Committee' meeting. Based on this, the government formed an inquiry committee.

 In this regard, a report was published in 'Prajavani' on July 17 under the title 'Conflict between Pollution Control Board - Government'.

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