State issues ordinance, but forgets to take it to House

CHANDIGARH: The Punjab Government may have displayed its efficiency in taking the ordinance route to accommodate five persons as non-official members of the State Commission for Scheduled Castes, but its inefficiency has put an ‘invalid’ mark on their legal status.

Vishav Bharti

Tribune News Service

Chandigarh, August 28

The Punjab Government may have displayed its efficiency in taking the ordinance route to accommodate five persons as non-official members of the State Commission for Scheduled Castes, but its inefficiency has put an ‘invalid’ mark on their legal status.

Since the Assembly was not in session, an ordinance was issued by the Governor exercising powers under clause (1) of Article 213 in December last year increasing the number of non-official members of the commission from three to 10, and five new members were named. Posts of senior vice-chairman and vice-chairman were also created.

However, as per clause 2 (a), an ordinance has to be approved by the Assembly in the very next session or it ceases to be in operation six weeks after the House meets. And the state government simply forgot to put up the Punjab State Commission for Scheduled Castes (Amendment) Ordinance before the state Assembly when it met in March.

Following the ordinance, Gian Chand Diwali, Prabh Deyal Rampur, Rajinder Kumar Guddu, Tarsem Singh and Raj Kumar Hans were made non-official members.

Though their appointment is legally invalid since the government failed to put up the amended law before the Assembly, they continue to operate in the same capacity, holding inquiries and attending meetings of the commission. The five had important roles, including undertaking fact-finding visits on Dalit issues in around 15 districts. The government, however, was still in the process of deciding on their financial benefits.

When contacted, Kripa Shankar Saroj, Secretary, Welfare Department, admitted that the ordinance could not be taken to the Assembly and ceased to be in operation. “Legally, the seven members can’t hold their posts but we are trying to find a solution,” he said.

Commission chairman Rajesh Bagha, it is learnt, had last month written to the department to clarify the situation.

Left red-faced, the government machinery is planning to bring it up in the Assembly session commencing on September 19. On July 29, the Cabinet again gave approval to amend the Punjab State Commission for Scheduled Castes Act, 2004.