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( PARLIAMENTARY AFFAIRS DEPARTMENT )

 

CABINET DECISIONS

 

 

24.5.2006

 

 

1.  Amendment of Industrial Policy Resolution, 2001.  

 

                        The proposal to extend the validity of the Industrial Policy Resolution, 2001 beyond 31.3.2006 until it is replaced by a new policy was approved.

 

2.    Review of the Cabinet decision on 47^th meeting held on 26.06.2003 on grant of Sales Tax related incentives for aerated water to                           M/s. Hindusthan Coca-Cola Beverages Ltd. As unit under Pipeline. 

         Approved.

 

                        Hon'ble High Court as well as Hon'ble Supreme Court in their judgment dated 14.9.2004 and dated 4.3.2005 respectively ratified the notification of Finance Department SRO No.622/99, dated 30.7.1999 & SRO No.141/2000, dated 17.2.2000 disallowing S.T. benefits to the industrial units producing fruit juice, aerated water & soft drinks. In view of the decision of the Hon'ble High Court & Apex Court, the question of reviewing Sales Tax benefits allowed in the Cabinet meeting dated 26.6.2003 to M/s. Hindusthan Coca-cola Beverages (P) limited arises. The withdrawal of proposed S.T. related benefits allowed to M/s. HCBL will save the State from a substantial amount of revenue loss.

3.     Proposal for further amendment of the Bihar and Orissa Excise Act, 1915 (Bihar & Orissa Act-2 of 1915) in its application to the State of Orissa by way of promulgating ordinance.

 

                        Now and then hooch tragedies in various scales are occurring in the state of Orissa. In the recent past hooch tragedy occurred in the district of Puri and Khurda during 2001 taking 10 lives in each of the districts and also hooch tragedy occurred in Ganjam district during March-April, 2006 causing loss of human lives.

                        Indulgence in illicit and spurious liquor trade is increasing day by day. Although during the year 1999 the punishments under section 47, 48-A, 59,52, 53, 54, 57 and 65 were enhanced by the Bihar and Orissa Excise (Orissa Amendment) Act, 1915, the punishment so enhanced are considered insufficient and less stringent to bring the required deterrent effect on the offenders.

                        There is demand from every quarter, including the standing committee of the Orissa Legislative Assembly relating to the Excise Department to firmly deal with liquor mafias who are indulging in illicit and spurious liquor trade.

                        There is urgency to curb the liquor tragedy in the background of loss of human lives on taking poisonous liquor and to make a deterrent effect on the illicit liquor traders and bootleggers. The legislature is not in session and the Orissa Excise Bill 2005 is now under the consideration of the Select Committee. Therefore it is proposed to enact the legislative measure by promulgation of ordinance under article 213 (1) of the Constitution of India.

¨         It is proposed to enhance the penalties provided under section             47, 49, 52, 53, 54, 55, 56 and 57.

¨         It is proposed to insert a new section 52-A to provide life           imprisonment in case of death and disability of human being          after    consuming liquor mixed with poisonous ingredient.

¨         A new section has also been proposed as 22-A exempting the             Government and its agency or Corporation wholly controlled by           Government for taking licence or permission for production,     manufacture, sale or purchase of any liquor.

            ¨         Sections 78 and 79 of the Act have been proposed to be amended to             empower the Excise Officer, with the powers of Police Officer and       also to apply the provisions of Code of Criminal Procedure, 1973 in           respect of arrest, search, detention, summon and warrant of arrest             etc. for the purpose of the Act.

¨                  Section 85-A is to be inserted providing therein the procedure for bail.

           

             The Cabinet gave its nod to the proposal.

 

4.     Reorganisation of School and Mass Education Department.

 

                        This is regarding the reorganization of School & Mass Education (S&ME) Department.

                       

                        As per the decisions of the State Government and the World Bank DFID Fiscal & Governance Technical Mission, consultants were appointed to study the organizational structure of the School & Mass Education Department. The Consultants had given their suggestions for reorganization of the Department from State level to Panchayat level.

 

                        It was decided by the State Government to constitute a Task Force under the Chairmanship of D.C.-cum-ACS with Principal Secretary, Finance Department, Secretary S & M E Department, Secretary Panchayati Raj Department and Special Secretary, P & C Department as Member to deliberate on the issue and give its recommendations.

 

                        The Cabinet gave its nod to the proposal of the Task Force as follows:

                        Various weakness and strength of the present District & Block level structure of School & Mass Education Department have been considered. It is recommended for the reorganization taking in to account the need for a single administrative command, strict enforcement of modern day management, a strong administrative mechanism and the workloads for ensuring quality education & inspection.

 

1.         After reorganization the School & Mass Education Department will have 4 Directorates and Board of Secondary Education under the S & ME Department instead of present 11 Directorates. And they are as follows.

I.          Directorate of Elementary Education (OPEPA, Mass Education, TBP & M)

II.          Directorate of Secondary Education (DSE)

III.         Directorate of TE & SCERT (SIEMAT, ELTI, SIET)

IV.        Directorate of SRC

V.        Board of Secondary Education (BSE).

2.         At the revenue district level the District Collector will function as Collector-cum-District Mission Director Education.

            (a)        One District Education Officer (DEO) Secondary and one District        Education Officer (DEO) Elementary OES-I (Sr.) will be posted to    each district to look after Secondary and Elementary separately and           both will directly report to Collector-cum-District Mission Director.

            (b)       13 Dy. District Education Office (Mass Education) OES-II will    be posted in 13 un-divided district to look after Mass Education          Programme.

            (c)        30 Asst. District Education Officer (ADEO) Sr.SES will be posted in    30 districts to assists DEO (Elementary).

            (d)       13 Pr. DIET Class-I (Sr.) will be re-designated as DEO (Academics) and will report to Collector-cum-District Mission        Director.

            (e)       30 District Project Coordinators (DPC) OAS-I(Jr.) will continue             as such till SSA programme continue.

 

 

 

 

 

 

3.         At block level 314 Block Education Officers (BEO) OES-II will be posted to look after both Secondary and Elementary Education in 314 blocks including Municipalities/NACs.

 

(a)       314 Asst. BEOs of (Gr.-I) (Jr. SES) for 314 blocks and 628 Asst.          BEOs of Level-III for 314 blocks will be posted to look after U.P.      Schools and Primary Schools respectively.

(b)       Gram Panchayat is the cutting edge of school education and therefore there would be a Gram Panchayat Education Committee with Sarpanch as Chairman in each Gram Panchayat. The Secretary of the committee would be the Cluster Resource Centre Co-ordinator or the Head Master of a local U.P. School.

(c)        The Task Force recommends to have a Village Level Education           Committee (VEC) in each school. The Task Force emphasises            on the strengthening VEC to effectively supervise elementary     education. The Head Master of the U.P. School  or Primary School      would be the Secretary of the VEC.

 

                        Further, in respect of the Directorate of Text Book Production and Marketing (TBPM) it was decided that while this will be merged with the Directorate of Elementary Education, the detailed reorganization of the staff and facilities of the Press will be separately worked out. It was further decided that while posts in the existing grades can be shifted and repositioned as per the reorganization plan, creation of any post or upgradation of any post will be subject to detailed examination by the Department and formal concurrence by Finance and Administrative Reforms Departments.

 

 

 

 

 

 

 

 

 

 

5.                     Enactment of a special legislation providing for the constitution of special Courts for speedy trial of certain classes of offences in the State and for confiscation of the property.    Approved.

 

                                   

                        This bill is to provide for the constitution of Special Courts for the speedy Trial of certain class of Offences and for confiscation of the properties involved.

                        The Government have reasons to believe that large number of persons, who had held or are holding high political and public offices have accumulated vast property disproporssionate to their know sources of income by resorting to corrupt means.  And where as it is Constitutional legal and moral obligation of the State to prosecute persons involved in such current practices.

                        This will come into force after enactment of a special legislation providing for the constitution of Special Courts.

                        An enactment known as “The Orissa Special Courts Act, 1990” (Orissa Act 22 of 1992) was enacted earlier and had come into effect from 27^th July, 1992.  This Act was subsequently repealed with effect from 16.8.1995.

                        It is now considered necessary to resurrect the repealed act with necessary modification and changes to tackle the menance of corruption in public life.

                        The provisions of this Act shall be in addition to and not in derogation of, any other law for the time being in force.

                        Notwithstanding anything in the prevention of corruption Act, 1988 and the Criminal Law Amendment Ordinance, 1944 or any other law for the time being in force, the provisions of this Act shall prevail in case of any inconsistency.

                        The assent of President of India is necessary under Article 254(2) of the Constitution before, it is passed by the Legislation of the State.

                       

 

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