The new Chief Secretary of Orissa has been confronted with the demands of Bhsha Andolan by its founder Subhas Chandra Pattanayak.
Informing him that, Section 4 and Section 4A, inserted into the Orissa Official Language Act, 1954, were created fraudulently with criminal intention to keep the people of Orissa debarred from their right to governance in their mother tongue, Sri Pattanayak has demanded for repeal of these two sections and an investigation into the Cabinet scam involving the later Section i.e.Section 4A. His mail to the CS is kept on records below:
The Chief Secretary,
Government of Odisha, Lok Seva Bhaban, Bhubaneswar
Sub: An ultimatum requesting the repeal of Section 4 and Section 4A from Odisha Official Language Act, 1954 and quashing of all official action based on the same two illegal Sections; and an investigation into the scam committed on Cabinet decision dated 14.3.2018 and other illegalities.
Ref: Resolution under GAD-code-cords-0013-2015-18715/GA dated 31.07.2015 read with http://odia.odisha.gov.in/upload_files/pdf/notification/Draft%20Odia%20Rule.pdf
As per Resolution under reference, I was a member in the Ministerial Committee on working of Odisha Official Language Act, 1954, hereinafter called the Act.
I had found that the Act was not working due to two congenital defects. I had advised the Government to remove those defects by amending the Act and by promulgating Rules, as depicted in the link to be read with the Resolution. No further Resolution is created to dissolve the Committee.
After abandoning the Committee for reasons best known to the Government, my advice under reference was adopted in Odisha Official Language (Amendment) Ordinance, 2016 in the shape of Section 5.
But in and since the same Ordinance, many illegalities have been given the form of Law, which severely affect the right of the people of Odisha to be governed in the Language of their land, besides being unlawful Laws. I mention them below for your kind perusal and prompt action.
1. Section 4 created in Odisha Official Language (Amendment) Oridinance, 2016 – transformed into Odisha Official Language (Amendment) Act, 2016 – is an act of forgery clandestinely inserted into the Ordinance. This Section was created by tampering with the draft vetted and concurred by the Department of Law on 20.5.2016. Any official action taken by using this forged Section is illegal and calls for quashing.
2. Section 4A has been inserted into the Act again fraudulently in its amendment, 2018 and the forgery has been reinforced in the 2nd amendment the same year. This Section has no legal sanction and its existence defeats the very purpose of the Act. Therefore, despite this amendment, no functionary works in Odia language. I elaborate the crime against our people:
(a) The Act was amended on 1.5.2018 based on Cabinet Decision dated, Puri, 26.12.2017. This decision was not in existence by this day. Moreover, the Puri Cabinet was held in contravention of Rules of Business, behind the back of the Governor. There was no memorandum concurred by the Law Department in this regard and no approval from the Department of Finance. The government knew that its action was illegal. Yet, to hoodwink the people of Odisha who had been campaigning in support of my advice in the Ministerial Committee since 13.4.2016, the Puri Cabinet had been shepherded into adopting this unauthorized Resolution. It was designed against official use of Odia as provided for in the Act original. Exposed, the government had abandoned the Resolution to die the death it deserved.
(b) The Cabinet met on 14.3.2018 again to take a fresh decision, after ascertaining that there was no contravention of the Rules of Business. The Memorandum was prepared and was concurred by the Department of Law in due time and the Cabinet had approved it. It was based almost on what I had proposed in the matter of punishment to whosoever contravenes the Act. It was resolved to place the approved amendment of the Act “immediately” before the Assembly for legislation. And the Bill was submitted to the Assembly on 31.3.2018 in accordance with the Resolution dated 14.3.2018. But surprisingly the Bill moved in the Assembly and adopted on 1.5.2018 was not the same. So the amendment dated 1.5.2018 is questionable. Section 4A created by the questionable amendment dated 1.5.2018 is therefore blatantly illegal.
(c) There is no limit to forgery; it seems, in this matter. Whosoever has committed this crime of replacing the Bill based on Cabinet decision dated 14.3.2018 with Resolution dated 26.12.2017 has also tampered with the said Resolution in his anxiety to kill the entire spirit and the very purpose of the Act.
(d) The second amendment caused on 19.9.2018 is an amendment of the illegally created Section 4A. Naturally, it has no legality.
I, therefore, request you to please take prompt and immediate steps to remove/repeal Section 4 and Section 4A on the grounds of illegality elaborated above and to ensure that Odisha Official Language Act, 1954 is properly amended with provisions for penal action in the manner I had advised the Government in the Ministerial Committee. These two sections were deliberately created to keep Odia language disused in management of Odisha and are products of a crime designed against our people.
I also request you to please investigate into this crime including the Cabinet scam noted above and to take action against the crime of tampering with Cabinet decisions, as stated supra.
I assure you that, if you need any assistance from me in the investigation, or any clarification over the points I have raised, I will be glad to cooperate with the investigating machinery with all the honesty within my command.
Subhas Chandra Pattanayak,
Founder of Bhsha Andolan.