MATERIALS FOR updation of government WEBSITE

( PARLIAMENTARY AFFAIRS DEPARTMENT )

 

CABINET DECISIONS

 22.4.2006

1.  Formation of Cadre Rule namely Orissa Transport Ministerial Services (Method of Recruitment and Conditions of Service of Clerks in the offices Sub-Ordinate to Transport Commissioner - Cum-Chairman, State Transport Authority, Orissa) Rules, 2005.

                        RTO organization is a separate and specialized administration. The Transport Commissioner is the appointing authority in respect of all Class-III employees except the deputationists coming from the respective district offices under the Collectors. The promotional prospects of ministerial staff appointed by the Transport Commissioner has been regulated as per the provision under the Orissa Ministerial Service Rules in the absence of a codified rule for the ministerial staff working under the offices subordinate to Transport Commissioner-cum-Chairman, State Transport Authority, Orissa. In the Orissa Ministerial Rules, there is no provision and scope for the Transport Commissioner to transfer the ministerial staff from one district to another. Hence, there is necessity for formation of a separate cadre rule for the ministerial staff appointed by the Transport Commissioner to regulate their service conditions etc.

                        The Cabinet approved the proposal.

 

2.        Proposed action on the Second Report of the Second Orissa State Finance Commission.

                        The 2nd State Finance Commission constituted by the State Government vide Notification No. 23896/F, dated 5.6.2003 read with Notification No. 27654/F, dated 26.6.2004 under Article 243(I) and 234(Y) of the Constitution of India submitted their report on 29th September, 2004.

                        The State Cabinet while considering the report of 2nd State Finance Commission in its 16th meeting held on September 30, 2005 had decided that the Cabinet Sub-Committee consisting of Minister, Finance, Minister, Panchayati Raj, Minister, Urban Development, Minister, Law and Minister, Higher Education may examine the recommendation of the Commission in detail and submit their report for consideration of the Cabinet.

                        In pursuance of the above decision of the State Cabinet, the Cabinet Sub-Committee was constituted under the Chairmanship of Hon'ble Minister of Finance vide Office Memorandum No. OLA/1- 48/05-7056/PAD dated 25.10.05 of Parliamentary Affairs Department. The Cabinet Sub-Committee submitted their recommendation on January 13,2006.

                        The recommendation of the Cabinet Sub-Committee was placed before the Cabinet  which approved the proposal.

                        The Rural Local Bodies would receive Rs.156.63 crore in 2005-06 and Rs.250.90 crore in 2009-10 at an average of Rs.201.00 crore per annum. This amount would include the various items, which the Rural Local Bodies were receiving from the State Government. The existing system of profit from Kendu Leaf Trade will flow to the Rural Local Bodies @ Rs.10.00 crore per annum.

                        The Urban Local Bodies would receive Rs.39.17 crore in 2005-06 and Rs.62.73 crore in 2009-10 at an average of Rs.50.26 crore per annum. This would include Rs.25.00 crore per annum for maintenance of roads, Rs.3.00 crore per annum towards surcharge on stamp Duty and Rs.0.15 crore per annum towards surcharge on Entertainment Tax.

                        Compensation on Entry Tax will flow to the Urban Local Bodies independent of the above amount hike of 20% per annum as against present level of 10% hike. Out of this 20% hike, 10% hike would be passed on to the Urban Local Bodies as united resources and the balance 10% hike would be released by the State Government to the concerned Urban Local Bodies based on their performance in undertaking various reforms including augmentation of internal non-debt resources.

3.              Renaming "Revenue Department" as "Revenue and Disaster  Management Department".

               In order to ensure greater focus on disaster management and  keeping in view the recommendation of the Government of India, the Cabinet decided to rename the "Revenue Department" as "Revenue and Disaster Management Department".

4.            Allotment of subject matter "Right to Information Act to Information & Public Relation Department” – Amendment to   Government Rules of Business.

              In exercise of power conferred by Section 27 of the Right to information Act (No.22 of 2005), the State Government in I & P.R. Department have enacted Orissa Right to Information Rules, 2005 vide their Notification No. 27163/ I &PR Date 01.10.2005. The said Act has come into force with effect from 12.10.2005. It has been decided to formally allot the subject matter to I & PR Department who have been asked to administer the said Act and Rules.

                        Cabinet approved the proposal.

 5.            Amendment of Orissa Civil Service (Combined Competitive Recruitment Examination ) Rules, 1991 and Revision of Syllabi of  Optional Subject.

                         The Cabinet in their meeting held on 22.04.2006 decided to change the present system of examination for recruitment to state civil service by accepting the proposal of OPSC The changed system shall be at par with the UPSC  System.

 1)                Preliminary test will be of objective type consisting of two papers namely; (i) General Studies – 150 marks (ii) one of the optional subjects – 300 marks; instead of subjective type Oriya and English.

2)                Oriya & English (of Matriculation standard) will be subjects of main examination and will only be of qualifying in nature. The marks obtained in these two papers shall not count for ranking.

3)       Agricultural Engineering and Fisheries Science are included as new optional subjects.

4)       Scheme and subjects of the examination shall be as below :

Scheme and subjects for the Examination

1. (A)              The preliminary Examination shall consist of two papers of objective type (Multiple choice questions) and each paper shall be of two hours duration -

                        Paper - I            General Studies                                ...       150 Marks

                        Paper - II       One subject to be selected from             ...       300 Marks

                                               The following Optional Subjects         ___________

                                                                                             Total  -    450 Marks

 (i)                Agriculture

(ii)             Agricultural Engineering

(iii)           Animal Husbandry & Veterinary Science

(iv)            Anthropology

(v)               Botany

(vi)            Chemistry

(vii)          Civil Engineering

(viii)       Commerce & Accountancy

(ix)            Economics

(x)              Electrical Engineering

(xi)            Education

(xii)         Forestry

(xiii)       Fisheries Science

(xiv)        Geography

(xv)           Geology

(xvi)        Home Science

(xvii)      History

(xviii)   Law

(xix)        Management

(xx)          Mathematics

(xxi)        Mechanical Engineering

(xxii)     Philosophy

(xxiii)   Physics

(xxiv)    Political Science & International Relations

(xxv)       Psychology

(xxvi)    Public Administration

(xxvii)  Sociology

(xxviii)         Statistics

(xxix)    Zoology

 

 

1. (B)  Main Examination -

The Main Examination shall consist of the following papers and each paper shall be of three hours duration.

Paper - I                      Oriya Language                    ...            300 Marks

Paper - II                     English                                   ...            300 Marks

Paper - III                   English Essay             ...            200 Marks

Paper - IV                   General Studies - I                   ...            300 Marks

Paper - V                     General Studies - II            ...            300 Marks

Paper - VI, VII,              Any two subjects to be    ...         300 Marks for each paper

                          VIII & IX         Selected from the list of

                                                  Optional subjects set out

                                                  below. Each subject will

                                                  Have two papers.

                        Personality Test or Interview shall carry            ...            250 Marks

 

LIST OF OPTIONAL SUBJECTS FOR MAIN EXAMINATION

 

1.                  Agriculture

2.                  Animal Husbandry & Veterinary Science

3.                  Anthropology

4.                  Agricultural Engineering

5.                  Botany

6.                  Chemistry

7.                  Civil Engineering

8.                  Commerce & Accountancy

9.                  Economics

10.              Electrical Engineering

11.              Education

12.              Fisheries Science

13.              Forestry

14.              Geography

15.              Geology

16.              Home Science

17.              History

18.              Indian Language & Literature ( any one)

(a)    Oriya, (b) Hindi, (c) Sanskrit, (d) English, (e) Persian, (f) Urdu.

19.              Law

20.              Management

21.              Mathematics

22.              Mechanical Engineering

23.              Philosophy

24.              Physics

25.              Political Science & International Relations

26.              Public Administration

27.              Psychology

28.              Sociology

29.              Statistics

30.              Zoology

 

Note   (i) -       Candidates shall not be allowed to opt for the following combinations of optional subjects.

 

                        a)            Oriya, Hindi, Persian, Sanskrit, Urdu, English

b)                 Civil Engineering, Mechanical Engineering, Electrical Engineering and Agricultural Engineering

c)                 Mathematics & Statistics

d)                 Anthropology & Sociology

e)                 Political Science & International Relations and Public Administration

f)                  Commerce & Accountancy and Management

g)                 Agriculture and Animal Husbandry & Veterinary Science

h)                 Management and Public Administration

i)                   Education and Psychology

j)                   Agriculture and Agricultural Engineering

(ii)       Each of the papers i.e. Paper - I (Oriya Language)  and Paper -II (English) will be of Matriculation standard and shall be qualifying in nature. The marks obtained in these two papers shall not be counted for ranking.

(iii)     The papers on Essay, General Studies and Optional Subjects of only those candidates shall be evaluated who attain such minimum standard as may be fixed by the Commission at their discretion for the qualifying papers in Oriya Language and English.

(iv)      The question papers for the Main Examination shall be of conventional (essay) type.

(v)       Candidates shall have to answer all the question papers except the Indian Languages paper in English.

(vi)      The question papers other than Indian Language and Literature shall be set in English.

(vii)         The details of syllabi are to be set out by the Commission.

 

           

6.    Allotment of land in favour of Kalinga Institute of Industrial             Technology, Bhubaneswar for establishment of Kalinga Institute             of Medical Science.

           

            Collector , Puri leased out an area measuring 707.93 acres of land in Mouza Patia in favour of IDCO for Chandaka Industrial Estate for a period of 99 years for “industrial purpose” vide order No.564 dated 24.1.86.  The leased agreement was executed between Collector, Puri and IDCO vide No.1381 dated 5.2.86.

            IDCO leased out an area measuring Ac.20.087 to KIIT on different dates on payment of premium for establishment of professional Institute and 700- beded Hospital.  Now, KIITS proposes to establish a Medical College over this land under the name and style as Kalinga Institute of Medical Science and requested for grant of lease of land measuring 20.087 acres in Mouza Patia for 99 years as they are interested in setting up a Medical College alongwith the 700-beded Hospital.

            The Cabinet  approved the proposal subject to payment of differential premium and other conditions.

 

7.               Proposal to amend the Orissa Municipal Act, 1950.

 

1)                     In the Orissa Municipal Act, 1950, as it stands now, there is no provision for exclusion of any area from the limit of a N. A. C./Municipality. In some cases, people are demanding for exclusion of their area from the limit of N.A.C/ Municipality in order to avail the benefits of various developmental schemes being implemented in rural areas. but in absence of any such provision, it has not been possible to exclude any area from the limit of an         N.A.C./ Municipality.

 

2)                     In case of Sunabeda N. A. C. people of following 14 revenue villages are demanding for exclusion of there area from the limit of Sunabeda NAC. The villages has been merged in the Gram Panchayats by the Panchayat Raj Department. The matter was subjudice in the Hon'ble High Court, Orissa. Now Hon'ble High Court have directed the Government to take a decision at its level.

                        1.  Mohanpada                        8.                        Badabadinga

                        2.                        Chougam                        9.                        Pitaguda

                        3.                        Ghatagada                        10.                        Chargam

                        4.                        Dumuriput                        11.                        Kumariput

                        5.                        Rajpalam                        12.                        Jangamput

                        6.                        Chariliput                        13.                        Charangul

                        7.                        Chulpari                        14.                        Khalpadi

 

3)                     In order to resolve the aforesaid problem as well as problems that may arise in future, the Cabinet today decided to suitably amend the Orissa Municipal Act, 1950, so as to empower the State Government to Exclude any area from a N.A.C./ Municipality and to make an express provision empowering the State Government to include any area within a N.A.C./ Municipality.

 

8.       Proposal for One Time Settlement Scheme in respect of Soft Loan,             Sales Tax Loan and Electricity Duty loan extended to the SSI             units.

           

                        As per the decision taken for extending the benefit of One Time Settlement Scheme in respect of Soft loan, Sales Tax loan and E.D. loan to the SSI units vide the Resolution No.1188 dated 21.1.06 of Industries Department stipulated validity of scheme till 31.12.2005. The present proposal  to extend validity of scheme to 31.3.2006 within which the OTS amount would have to be cleared in full and to extend last date of application to 28.2.2006 was earlier implemented in anticipation of the Cabinet approval.

                        The Cabinet approved the proposal.

 

9.                      Creation of different categories of posts for the office of the                    “Orissa Information Commission”.

 

                   The Right to Information Act, 2005 came into  force w.e.f. 12th October, 2005 in all over the States and Union Terrotories except the State of Jammu and Kashmir as per the stipulation in the said act in order to promote transparency and accountability in working of every Public Authority and ensure more and better access to information by the citizens.

 

                   On the recommendation of the Committee constituted under the provisions of Section 15(3) of the aforesaid Act, the State Government have constituted the “Orissa Information Commission” vide Notification No.29067/IPR dated 29.10.2005 to exercise the powers conferred on and to perform the functions assigned to it under the said Act consisting of the following persons.

                       

1.    Shri D.N. Padhi – State Chief Information Commissioner

2.    Prof. Radhamohan – State Information Commissioner

 

                   For proper functioning of the Orissa Information Commission, different categories of posts have been created under State Plan with concurrence of Finance Department vide I. & P. R. Department Notification No.30702/IPR dated 14.11.05, 36400/IPR dated 10.01.06 and G.O. No.30896/IPR dated 10.11.05.

 

                                      The Cabinet approved the proposal for creation of different categories of posts for the Orissa Information Commission.

                  

10.                      Proposal to repeal certain Amending Orissa Acts by Repealing                    Legislation.

 

                   The object of the Orissa Repealing Bill, 2006 is to remove certain Amending Acts from the Statute Book which have lost their force or have become obsolete or the retention thereof as separate Acts is unnecessary.  The principal Acts are being amended from time to time.  The purpose of such amending Acts is to incorporate the amendments to the principal Acts.  Once such incorporation is effected those amending Acts do serve their purpose, so there is not reasons for their existence in the Statute book.  So far, two Repealing Acts have been enacted i.e. one in the year 1948 and another in the year 1976.  The present Repealing Bill intend to repeal 452 Amending Acts which were enacted from the year 1973 to 2003 as these Acts have already been planted/incorporated to the main Acts.

 

The Cabinet approved the proposal.

 

11.   Settlement of Government land measuring Ac.0.29 Dec in Mouza- Rout Khamar under Rairangpur Tehsil in the district of Mayurbhanj, free of premium, in favour of Sri Sri Jagannath Temple Construction and Management Committee, Rairangpur.

 

 

1.                Sri Sri Jagannath Temple Construction and Management Committee Rairangpur, a religious organization registered vide Registration No.MBJ-1588-394 of 1984-85, has established a Temple of Sri Sri Jagannath Mahaprabhu at Rairangpur since 1986 with a view to providing a common place of worship to the local people as also spreading the Jagannath cult in the locality.  The Sub-Collector, Bamanghati has been functioning as the ex-officio Executive Officer of the Temple.

 

3.                               The temple has no landed property of its own nor has it any regular source of income. The Managing Committee has been occupying a piece of Government land measuring Ac.0.29 dec. in Mouza Rout Khamar under Rairangpur Tehsil in the District of Mayurbhanj and using the same as Ratha Padia for the festival of Ratha Yatra.  The Secretary of the Managing Committee has filed a lease application and prayed for settlement of said land in favour of the Committee free of premium.  The Cabinet gave approval for settlement of Government land measuring Ac.0.29 dec. in Mouza Rout Khamar under Rairangpur Tehsil in favour of Sri Sri Jagannath Temple Construction and Managing Committee, free of premium, but on payment of ground rent, cess and cost of standing trees.

 12.     Amendment of Orissa District Revenue Service (Method of Recruitment and conditions of service) Rules, 1983.

On the basis of long standing demand of the Orissa State Non-gazetted Revenue Field Officers Association, the question of changing the designation of the post of Collection Moharir to Asst. Revenue Inspector and revision of minimum entry qualification for direct recruitment to the post of Revenue Inspector from Matriculation (pass in High School Certificate Examination) to Graduation was under consideration of Government some time past. Accordingly relevant provisions under Orissa District Revenue Service ( method of recruitment and condition of service ) Rules, 1983 will be amended.

        The Cabinet approved the proposal.

13.      Proposal for control, management and regulation of Ceiling  Surplus Land by Revenue Department after repeal of Urban   Land (Ceiling    and Regulation) Act, 1976 by Government of     India.

            Consequent upon repeal of Urban Land (Ceiling and Regulation) Act, 1976 by Government of India, the State Government have decided that henceforth the matter of control, management and regulation of the vested ceiling surplus land in Cuttack Urban Agglomeration alongwith follow up measures on the actions to be taken in the pending cases with all liabilities will be managed by the Revenue Department instead of Housing & Urban Development Department.

                          The Cabinet approved the proposal.

 14.     Amendment to Orissa Sub-ordinate Education (Method of      Recruitment and conditions of service) Rules, 1993.

                    After 2929 – Aided High Schools were taken over by Govt. in the year 1994 decision was taken to merge teaching staff of these schools with the teaching staff of existing old Govt. High School. It was felt necessary to prepare a common gradation list of teachers of old Govt. High Schools and taken over High Schools. In the common gradation list different kinds of anomalies were noticed. It requires amending the existing provision by inserting some clause under Rule, 27 of Orissa Subordinate Education (Method of Recruitment and conditions of services) Rules, 1993. After amendment of the Rule the existing vacancies in Sr. SES grade will be filled up from the Jr. SES grade teachers.

                   For the purpose of filling up of the existing vacancies in Sr. SES (HM) grade by amendment of the existing provision in Orissa Subordinate Education (Method of Recruitment and conditions of services) Rules, 1993 was felt essential. This amendment will provide codal support for promotion of teachers of merged Jr. SES grade to their next higher rank i.e. Headmaster in Sr. SES cadre, for smooth functioning of the High Schools.

                   The Cabinet approved the proposal.

15.   Orissa Children’s & Women’s Welfare Service (Amendment) Rules,  2006.

                The Orissa Children’s & Women’s Welfare Services Rule was formed in 1989 by the erstwhile CD & R.R. Department.

               In the meantime, the said Deptt. have been bifurcated / renamed and a new Department,  Women & Child Development have come into existence.

                 Besides, classification of posts in Government offices on the basis of scales of pay have been made & consequential amendment of CCA Rules 1962 have been effected.

                Taking all these development into consideration, the Orissa Children’s & Women’s welfare service Rules framed in 1989 will be amended.  In the amended rules,

(i)        The Committee regarding the selection of Sr. grade services (C.D.P.Os.) have been reconstituted making the Commissioner-cum-Secretary, W. & C.D. Department as Chairman.

(ii)      The Government as the authority to approve the above selection list.

(iii)    The Director, S.W. in the earlier Rules, was the appointing authority of Sr. Grade Services (CDPO’s). Now Government will be their appointing authority, as the post have come under Group ‘B’.

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                        The Seventh Session of the 13th Orissa Legislative Assembly was adjourned Sine-die on 5th April 2006.  His Excellency The Governor of Orissa in exercise of powers conferred on him by Sub-clause (a) of Clause (2) of Article 174 of the Constitution of India has prorogued the Session on           12th April, 2006 in anticipation of the approval of the Cabinet. The Parliamentary Affairs Department  has published a Notification to this effect on 13th April, 2006.  Today, the Cabinet accorded post-facto approval for the same.

17.       The Orissa  Resettlement  and  Rehabilitation Policy, 2006.

  The Cabinet approved the Resettlement & Rehabilitation Policy, 2006, the salient features of which are follows:            

After several deliberations, consultations and studying  policies of several other states and best practices, Groups of Ministers have recommended a balanced policy for R & R which is a significant improvement over other policies of similar nature.

 DEFINITION:

 “Family” has been expanded for the purpose of rehabilitation assistance and now includes

(i)           A major son irrespective of his marital status.

(ii)         Unmarried daughter / sister more than 30 years of age.

(iii)        Physically and mentally challenged persons irrespective of age and sex; (duly certified by the authorized Medical Board).  For this purpose, the blind/ the deaf/ the orthopaedically handicapped/ mentally challenged person suffering from more than 40% permanent disability will only be considered as separate family.

(iv)       Minor orphan, who has lost both his/her parents.

(v)         A widow or a woman divorcee.

 “Cut off date” : which was vague earlier is now specified as the date of notification under LA Act, 1894 (verification 1st January every year).

 There was no clear definition of “periphery” in the earlier draft policy and now district boundary has been identified as periphery.

 COMPREHENSIVE SURVEY AND BASELINE DEVELOPMENT

In addition to the prevailing practice of socio-economic survey in earlier policies, the new policy proposes a comprehensive socio-cultural, resource mapping and infrastructural survey and those shall be conducted by an independent agency to be identified by the Government to ensure proper benchmarking.

 Assessment of land requirement:  A realistic assessment of land by the project will be made by a committee headed by RDC.  This is a new feature  of this policy that will prevent land arbitrage.

 Several new features added in this policy are as follows:

§         Comprehensive communication plan for awareness creation.

§         Consultation with gramsabha / panchayat for planning.

§         Normal development programmes implemented by different agencies should be dovetailed with  resettlement and rehabilitation package in resettlement habitats and made available to the displaced community on a priority basis.

 LAND ACQUISITION:

 Options for direct negotiation for purchase and consent award before acquisition under provisions of the relevant Act.

 A comprehensive action plan before acquisition specified as below:

(i)        Site for the resettlement habitat shall be selected by the RPDAC in consultation with the displaced families.

(ii)        No physical displacement shall be made before the completion of resettlement work as approved by the RPDAC.

(iii)        Gram Sabha / panchayat shall be consulted.

(iv)      Where there is multiple displacement  additional compensation amounting to 50% of the normal compensation payable, in form of   ex-gratia.

(v)                Provisions relating to rehabilitation will be given effect from the date of actual vacation of the land.

(vi)               Project Authority shall abide by the provisions laid down in this Policy and the decisions taken by RPDAC.

(vii)           District Administration and Project Authorities shall be jointly responsible for ensuring that the benefits of R&R reach the target beneficiaries in a time bound manner.

(viii)        Record of Rights of the land and houses allotted to the displaced persons should be handed over to them by the District Administration while resettling.

(ix)        Steps will be taken by the Project Authorities for acclimatization of the resettled people in  new habitat including development of cordial social relationship between the host and resettled communities.

PROJECT TYPES:

A.                  Industrial Projects;

B.                  Mining Projects; (separated from Industrial Projects)

C.                 Irrigation Projects, National Parks and Sanctuaries;

D.                 Urban Projects and Linear Projects like roads and railways, power lines; (newly added) and any other projects that can be notified to make it comprehensive.
REHABILITATION ASSISTANCE:

 

Old Policy

New Policy

Industrial project

 

 

Employment

 

To one member of the original displaced family (DF).

Skill upgradation

Of the DF

Same

House building assistance

Rs. 50,000

Rs.150,000 (three fold)

One time cash assistance

Earlier maximum of 2 lakh

Increased to category (i) 5 lakh (ii) 3 lakh (iii) 2 lakh and category (iv) & (v) 1 lakh

Convertible preference share

 

At least 50% of cash assistance as convertible share (new)

Shops and service units

 

Added to restore livelihood of DF.

Mining Project

 

Same as above but the employment applicable to expanded family

Irrigation, park, etc.

 

 

 

Homestead land

0.10 acre or cash Rs.25,000

0.10 acre or cash Rs.50,000 (doubled)

Agricultural Land

 

 

Cash compensation if land unavailable

SC-ST: 2.5 acres irrigated,

5 un-irrigated

Others:  2 acres and 4 acres

Rs.50000/acre (irrigated)

Rs.25000/acre (un-irrigated)

SC-ST: 2.5 acres irrigated, 5 un- irrigated

Others: 2 acres and 4 acres

Rs.100,000/- acre (irrigated) and

Rs.50,000/acre un irrigated (doubled)

Urban and Linear

 

 

Homestead

1/10th acre (rural)

or 1/20th of an acre (urban)

or cash eqv. Rs.50000

1/10th acre (rural)

or 1/25th of an acre (urban) or cash eqv. Rs.50000, land near growth centre for DF

House building

Rs.50,000

Rs.150,000 (trippled)

Common Assistance to all above categories

Maintenance allowance Temporary shed Transportation allowance

Rs. 1000/ month for a year

Rs.5000

Free to new habitat

Rs.2,000/month for a year (doubled)

Rs.10000 (doubled)

Rs.2000

INSTITUTIONAL ARRANGEMENT