Amendment acts against the Act: Orissa Chief Minister must immediately act

Subhas Chandra Pattanayak

Orissa is in deep quagmire, as Chief Minister Naveen Pattanayak is involved with the bureaucratic conspiracy to keep the State subjugated to anglicized elitism.

On 3.9.2015 , as a member of the Ministerial Committee, which was created under Resolution No.18715/GA, dated 31.7.2015 on “working of the “Orissa Official Language Act, 1954”, I had located the lacunae and advised the Government to remove the same by amending the Act. Along with my advice, I had submitted drafts of the amendment of the Act and of my proposed Rules.

The State Government had no idea about these deficiencies. For the first time the Government could see the lacunae in the Law and the CM informed the Assembly on 14.12.2015 that the amendment to the Act was on the anvil. But then he drifted away apprehending that if my proposal is accepted, as a person unable to use Oriya in official business, he himself would invite prosecution.

He accepted my proposal only to the extent of amending the Act to derive power to frame the Rules after 39 days of Black Flag campaign that I had formulated. The daily Black Flag march was postponed till 16.8.2016 following promulgation of the amendment through an Ordinance on 21.5.2016. But it was resumed, as the Rules he framed endangered the cheme of the Act. After the campaign completed one year after resumption in Bhubaneswar and found spreading to various nerve centers of Orissa, specifically as my serial write-up on how his father Biju Patnaik is the man that sabotaged Oriya language by bringing in a very illegal amendment to the Act in 1963, and as three episodes of the serial captioned Bijunka Chhura (Biju’s knife) appeared in major daily Suryaprava, on 19.5.2017 he invited me to discuss and find out how the Act would be flawlessly functional. I took with me Pradyumna Satapathy and Pabitra Maharatha, the two persons who were in charge of recruiting four persons everyday to hold the black flags, to the discussion with the CM and there apprised the CM of the urgent necessity of flawless amendment of the Act and total acceptance of the draft of Rules I had submitted. Debi Prasanna Mishra came to my residence the next day and spent about 5 hours in cajoling me to call of the campaign as the CM has already sent my proposal to vetting by the Law Secretary. I refused and assured him that, once the Act is perfectly amended – it may instantly be done by Ordinance – we shall discuss and call off the campaign.

The Chief Minister’s lackadaisical treatment to our legitimate demand having apparently irritated the rank and file of the ruling BJD, a special Cabinet was called at Puri on 26.12w.2018, where its foundation day State meet was being held and in a chain of 20 resolutions with relevance to Oriya Language, a resolution was passed to amend the Act with provision of punishment to departments and employees for contravention of the Act. I immediately to punishment of department(s) for none-functioning in Oriya and to notorious ingredients therein to diminish and destroy the very purpose of the Act. The evil design exposed threadbare, the Cabinet met again on 14.3.2018 and quashed the ingredient of punishing the erring department(s) going to further extent of adopting my original argument that the Act “is not properly implemented as there is no provision for imposing penalty against the officers and employees who are violating the provisions of the notification under the Act.” When the amendment came, this cabinet resolution stayed ignored. The Bill was passed without application of legislative mind and in answering the debate, the minister that represented the CM read out a speech from a pre-written paper, obviously as prepared by the scheming bureaucracy.

I submitted a Memorandum to the Governor on 25.5.2018 urging upon him to return the Bill to the Assembly for removal of the refurbished flaws. That was not heeded to. I mailed the CM to intervene and take immediate steps to see that the notorious amendment is instantly quashed through a fresh amendment. Instead of acting upon this, his government has gained over Sri Satapathy and Sri Maharatha whose misleading announcement of end of the campaign has been rejected by the people of Orissa and the Black Flag campaign is going on as before everyday.

I am putting below the mail I have sent to the CM on 28.6.2018 for everybody to peruse and act.

To

The Hon’ble Chief Minister, Orissa,

Bhubaneswar.

Sub: Orissa Official Language Act violated through Amendment, 2018 : Request for re-amendment to do away with the defects and for action against the Officer(s) responsible for rendering even the Hon’ble Chief Minister inconsequential

Ref: Cabinet Resolution Dated 14.3.2018 read with the CMO letter No. 773/CM dt.19.5.2017 and Resolution No.18715/G.A. dt.31.7.2015

Hon’ble Sir,

With a heavy heart, I am writing you to say that, your noble intention to remove all defects from the Orissa Official Language Act, 1954 in order to make it flawlessly functional has been derailed by mischievous brains in bureaucracy and resultantly, its amendment passed by the Assembly and assented to by the Governor, has become a more notorious instrument to destroy the original purpose of the Act , while rendering you absolutely inconsequential in the matter of the Resolution of the Cabinet you had presided over on March 14, 2018.

In looking back to the chain of events, I may state that, against the backdrop of ‘Fast onto Death’ by famous language activist Gajanan Mishra in July 2015, the new phase of official action on working of the Official Language Act commenced with creation of a Ministerial Committee by you under the Resolution referred to above, to find out how the Act could be implemented.

You were kind enough to nominate me as a member to the said Committee and in that capacity, I had conducted a deep research into why the Act, being de jure in force since 1954, was de facto defunct and found out the following defects:

The Government was not empowered in the Act to frame Rules to implement the Act; and

(2) There was no provision of punishment against contravention of the Act.

Accordingly, I had given my advice on 3.9.2015 with draft outlines of two legislations – one, for empowering the Government to frame the Rules and the other, for provision of punishment against nonuse of Oriya as official language.

For the first time the Government could know the above two inherent defects in the Act from my communication and you were kind enough to inform the Assembly on 14.12.2015 that necessary amendment of the Act was on the anvil.

From the notes in the concerned file it transpires that, the then officer-in-charge of the aforesaid Ministerial Committee Sri G.V.V.Sharma had objected to the proposal for punishment and the file was then thus strangulated that the Committee went into oblivion.

There was no other way for us than starting a movement in the name of Bhasha Andolan and commencing a campaign known as Black-Flag-Campaign for propounding the cause.

After 39 days of this campaign, on 21.5.2016, you were kind enough to get apprised of the serious situation and appreciating the extraordinary urgency the campaign had generated for official action, you promulgated an Ordinance of Amendment to the Act that implemented my advice and empowered the Government to frame Rules to drive the Act ahead. We had postponed the Black-Flag-Campaign till August 15th, 2016, as, to our comprehension, which official indication to the Press had generated, all obstacles to implementation of the Act were to have been removed by then.

Bureaucracy foiled your noble attempt by producing a stillborn set of Rules that was so ineffectual and illcocieved that, even the Government did not prefer to apprise the Assembly of it, when the Ordinance was laid as a Bill.

As our Black Flag Campaign continued, you were kind enough to discuss the matter with us vide communication dated 19.5.2017 under reference. We appraised you of the lacunae in the Law and gave you a fresh memorandum detailing why and how the amendment, 2016 should be further amended. A draft of the proposed amendment was submitted to you on that occasion.

After lapse of a period of six months, you held a Cabinet meeting at Puri on 26.12.2017 that almost agreed with our demand and decided to provide for suitable punishment to whosoever employee and Department fail to impart service in Oriya Language. We objected to that in view of the fact that, (1) there was an attempt to reduce the scope of the Act by shrewd coinage of words like “extensive use”, (2) Departments being run with people’s money, the contemplated punishment to ‘Department’ would lead to punishing the people for offences of the employees. And, the Black-Flag Campaign continued.

The State Cabinet met again under your Presidentship on 14.3.2018. It superseded the defective Resolution dated 26.12.2017 on the Act and almost entirely agreeing to our demand, it made it clear that for nonworking in Oriya, only the erring employee and official will be punished, not the Department. In complete acceptance of our argument it resolved, “as there is no provision for imposing penalty against the Officers and employees who are violating the provisions of the notifications under the Act, Government have decided to bring the amendment immediately providing penalties for such erring Officers and employees…so that they will implement the provisions of the notification in its letter and spirit” (Para 2 and 3 of the Press Note of the GA & PG Department, dated 14.3.2018).

But, Sir, your above noble decision has been rendered inconsequential in the amendment drafted by bureaucracy and adopted by the Assembly, as detailed below:

Firstly, the Statement of Object and Reasons of the Amendment do not carry the Reasons spelt out in the above quoted resolution of the Cabinet meeting presided over by you on 14.3.2018. It is based on the superseded resolution of 26.12.2017, completely suppressing the resolution dated 14.3.2018.

Secondly, while illegally using the superseded resolution dated 26. 12.2017, the officer concerned has also tampered with the said resolution. When, even that Resolution had laid down that for nonuse of Oriya the Department AND the employees will be suitably punished, the amendment , claiming to have been based on that resolution, provides for punishment to employees OR Department, which is blatantly unauthorised and illegal.

Thirdly, the scope of the Act originally covering the whole of Orissa and all and every Office in the State of Orissa, the amendment has reduced this scope to “extensive use of Oriya Language”, which clearly means that the Act will not be used in whole of Orissa and in all and every office in the State. No amendment can kill the basic purpose of the Act.

Thus Sir, your intention to amend the Act to make it flawless for implementation of the Act “in its letter and spirit” has been brutally done away with by the mandarins while drafting the amendment.

These gross mistakes were overlooked by the Minister Mr. Arukh who moved the Bill in your absence and who just read out the reply to the debate as obviously prepared by the scheming mandarin that had drafted the amendment with a deliberate design against the people of Orissa.

On behalf of Bhasha Andolan, which has been spearheading the movement for inviolable implementation of the Act, I had brought these defects to the notice of the Governor with a request for returning the Bill for reconsideration of the Assembly to make the Law flawless. But, the anti-Oriya mentality of the bureaucracy is such that, the said memorandum was not put up properly before the Governor.

With these words, Sir, I request you on behalf of Bhasha Andolan and the people of Orissa, to please review the entire matter and take suitable and exemplary action against the Secretary concerned, who has rendered the Chief Minister of the State absolutely inconsequential in matter of amendment of the Act as per Resolution of the Cabinet on 14.3.2018;

And, to please ensure that the Amendment, 2018 is put afresh before the Assembly in its coming session for amendment thereon or for fresh amendment of the Act to do away with the defects enumerated and detailed supra.

With this hope and deep regards,

Yours,

Subhas Chandra Pattanayak,

Chairman,

Bhasha Andolan, Orissa.

28.6.2018

Bhubaneswar.

Refuse Assent: Bhasha Andolan requests the Governor

Roving Reporter

Odisha Official Language (Amendment) Bill, 2018 being a notoriously worded legislation passed by the Assembly on May 01, 2018 sans application of legislative mind, pregnant with deficiencies and illegalities as pointed out by the Bhasha Andolan, Orissa, its Chairman Subhas Chandra Pattanayak, on behalf of the Organization that has been spearheading the unique movement of the people of Orissa for amendment of the Act to provide for punishment to the contraveners thereof, has urged upon the Governor in a Memorandum to refuse assent to the adopted Bill and to return the same to the Assembly for removing the faults, which, unless removed, would mar the purpose of the legislation.
Read more →

Amended Language law pregnant with mischief: Bhasha Andolan gives the Govt two months

Subhas Chandra Pattanayak

The windup of the 12th session of the 15th Legislative Assembly of Orissa scheduled to continue till 05.05.2018 was advanced to 01.05 2018.

Bowing to the demand of Bhasha Andolan, the State Government placed a Bill to amend Odisha Official Language Act, 1954, providing for punishment against nonuse of Oriya language in matters of administration. The Assembly unanimously adopted the Bill on this last day of the session.

But the Bill is pregnant with mischief, which, if not corrected, may lead to punishing the people for the guilt of the public servants.

With strong resentment against this mischief, however, as its basic demand for equipping the Act with the essential ingredient of punishment for contraveners has been honored in the amendment, the Bhasha Andolan has declared to postpone its Black Flag campaign for two months, without braking the movement, so that, the Government may remove the mischief to make Oriya the inviolable medium of administration.

Victory of Bhasha Andolan

Bhasha Andolan has every reason to rejoice over its achievement that sic passim even the debate in Assembly on the Bill.

While participating in the debate, members of the Assembly, who always speak in English to show off their elitism, spoke in Oriya.

A habitual English user Capt. Dibya Singh Mishra, no sooner than beginning in English, switched over to Oriya, which, he fluently and flawlessly spoke! He admitted that 93% of Orissa’s population use their mother tongue Oriya in all their expressions and works, whereas only 7% use Oriya mixed with or alternatively in English.

As a documentation of this historic moment I present the entire debate here.

Now the question is: why the Bhasha Andolan is not completely satisfied with this amendment?

Why the movement not wound up>

This is because,the amended legislation has a design to punish the people of Orissa for contravention of the language law instead of punishing the contraveners. It says:

“The State Government may prescribe suitable measures in the rules to award incentives to officials or Departments for extensive use of the official language and also to punish the erring officials or Departments.

Three defects are distinctly discernible in the syntax of this single-sentence insertion in the Act:

1. The words “extensive use of the official language” mean that, there shall be no total use of official language;

2. The words “Official language” do not mean Oriya Language alone, as the 1963 amendment by Biju Patnaik has also made English an official language “in addition to Oriya”. This means, the officials can use English language extensively and get rewarded for the same; and

3. The words “officials or Departments” mean either the officials or the department, which make it unambiguously clear that for nonuse of Oriya language in rendering service, either an official may be punished OR the Department to which he/she belongs may be punished.This inherent defect can easily help the erring officials escape punishment.

These defects were never seen and discussed by any member who participated in the debate. They even did not look at the ‘Statement of Objects and Reason’, which is the basis of the legislation. Had they really addressed themselves to the legislation, they should have refused their support to the Bill as a fraud being played by the Chief Minister on the Council of Ministers as well as the people.The following two reasons should have guided them:

1. The Chief Minister has played fraud on the Cabinet by obliterating its decision on Language in its 52nd meeting on 14.03.2018 by illegally reviving the notorious decision of the 51st meeting;
2. In the Bill, by providing for punishment to “Officials OR Departments” a design is laid to punish the people for the guilt of public servants.

Let me elaborate.

Firstly, the 52nd meeting of the Cabinet, which the CM has clandestinely killed, had said:

“Though the Act is very old and is in force since 1954, the provisions of the notification issued under sub section (2) of section 2 of the said Act vide notification No.7152-Gen.,dtd 29.03.1985 published in the extraordinary issue of the Odisha gazette No.562 dtd 10.04.1985 directing all the employees and Officers of the State Government excepting those specified in the schedule thereto to use Odia Language in all official noting. The same is not properly implemented as there is no provision for imposing penalty against the Officers and employees who are violating the provisions of the notification under the Act.”

Thus, as per its confession, Lack of punishment being the ‘Reason’ of continuous contravention of the Act, the said Cabinet had formulated and laid down the ‘Object’ of the proposed amendment directing the Government to bring the amendment “immediately providing penalties for erring Officers and employees.”

Official ‘Press Note’ released on this resolution says:

“Government have decided to bring the amendment immediately providing penalties for such erring officers and employees who don’t obey the directions issued under sub section (2) of section 2, so that they will implement the provisions of the notification in its letter and spirit.”

This was how the 52nd Cabinet meeting dated 14.3.2018 had entirely accepted the draft I had given to the Ministerial Committee on 03.09.2015 and to the Chief Minister on 19.05.2017 and laid down what should be the ‘Objects and Reasons’ and the language of the amendment to be “immediately” brought in.

Secondly, while putting this most relevant and vital decision of the 52nd Cabinet meeting to oblivion, the notorious decision of the 51st Cabinet meeting, which was superseded in the 52nd meeting of the Cabinet has been used in the syntax as well as the “Statement of Objects and Reasons” of the Amendment.

Failure of MLAs

Had any of the MLAs that participated in the debate on the Bill wanted to know why was this mischief played and had the Parliamentary Affairs minister, who introduced the Bill and answered the debate on behalf of the Chief Minister, allowed himself to follow the principles of probity, this bad Bill could never have been passed on the basis of the notorious decision of the 51st meeting and notoriety to punish the people for fault of public servants could never have earned legal status. Erring officials could not have got the scope to escape under the “three defects” enumerated supra; and punishing the people under the scheme of punishing the Departments – as the word ‘OR’ facilitates – could not have become a possibility. The MLAs who supported the Bill have clearly failed to visualize this.

Reply fixed; what a farce!

It was a suffocating shock to see that the said Minister read out his answer from a written paper he had brought with him. This shows that he had not at all applied his mind to the debate. He acted just like a fantoccini puppet reading out the words coined in advance by the non-Oriya master(s) of the Chief Minister operating from the shadow.

The Chief Minister does not know Oriya language and reads, whenever required, from desktop displays or from pre-typed sheets of paper without knowing what he reads.

So the reply to the debate read out by the minister mustn’t have been prepared by the CM.

Who then prepared the written reply the minister read out, as if it was his master’s voice? Should the Assembly allow itself to appear like a sanctuary of such legislators or remain the revered rampart of our democracy? If the later, it must have to investigate through a House Committee on at least two questions:

1. Who prepared the written reply of the Minister before the debate, and why? and,

2. Who killed the decision of the 52nd meeting of the Cabinet dated 14.03.2018 and drafted the notorious amendment Bill along with the ‘Statement of Objects and Reasons’ on the basis of the 51st meeting held on 26.12.2017 and under whose orders?

The Legislative Assembly ought not dance to the tune of anti-Oriyas playing thus from the shadow against the people of Orissa.

Bad law despite breath of agreement
with Bhasha Andolan

It is a bad law, despite having been equipped with ingredient of punishment as demanded by the Bhasha Andolan. It has made a farce of legislation that needs be suspended or amended forthwith before being sent to the Governor for his assent.

Call to Governor

If the Bill, as adopted mindlessly by the Assembly on 01.05.2018 is submitted to the Governor for his assent, it would be better for him to return the same for reasons elaborated above, specifically as the Chief Minister has played a fraud on the Cabinet by killing its decision dated 14.03.2018.

The greater question, which the Governor should seek clarification on, is: Can the decision of the 52nd meeting of the Cabinet dated 14.03.2018 be killed behind the back of the same Cabinet by the Chief Minister in order to revive and use the already superseded decision of the Cabinet on the same subject in the preceding meeting dated 26.12.2017?

This is a very pertinent point of law the Governor should take into consideration before giving assent to this bad Bill to make that a law.

Needed is a flawless Law

Bhasha Andolan wants a full-fledged and flawless Orissa Official Language Act with Rules, the draft of which has been given to the Government through the Ministerial Committee on 03.09.2015, so as to ensure that sovereignty of Oriya Language in management of Orissa can never be put to jeopardy at any point of time in future.

With democratic magnanimity in heart, it has given two months to Chief Minister Naveen Patnaik to remove the wrong he has done to the people of Orissa in the matter of their mother tongue.

Black Flag campaign has been postponed for two months, but the movement continues and the members of Bhasha Andolan are everyday holding their meeting in Bhasha Tirtha in front of the revered statue of Kula Gourab Madhusudan to whom resurrected Orissa owes her origin.

Bhasha Andolan may reject the Amendment to Orissa Official Language Act: It is a fraud perpetrated by the CM on the Cabinet

Subhas Chandra Pattanayak

It is sad that the Chief Minister of Orissa Sri Naveen Patnaik has perpetrated a fraud on the Cabinet in matter of amendment of the Orissa Official Language Act, 1954 (hereinafter called the Act).

The Amendment Bill , 2018 which he has introduced to the Assembly on April 27, 2018 through Parliamentary Affairs Minister Bikram Arukh, is designed to punish the people of Orissa for violation thereof by any public servant.

Unthinkable, but true.

On May 19, 2017 I got this invitation from the Additional Secretary to the CM. I accepted the invitation and met him in his chamber along with Bhasha Andolan President Pradyumna Satapathy and Convener Pabitra Maharatha.

I told him that, unless the proposed draft (September 3, 2015) for amendment of the Act is adopted through a “fresh” amendment, governance of Orissa in Oriya would not be possible.

Had the amendment he caused to the Act in 2016 , firstly through an Ordinance on May 21, 2016 and finally through a Bill on September 28, 2016, been in consonance with my above proposal, it would have worked perfectly and foiling the very purpose of creation of Orissa by the public servants could have been stopped. In a written submission, I had given him a draft with which to replace or amend the deficient Section 4 inserted to the Act through the 2016 amendment. It read :

“The State Government may, in such manner and by such authority, as may be prescribed in the Rules made under this Act, receive complains from the general public of Odisha in matter of contravention of the Act and over and above such complaints, without prejudice to their entitlement to prosecute, suo motto review and monitor whether the directions contained in the Notification under Sub-Section (2) of Section 2 are contravened and subject the contravener to punishment stipulated in the Rules.”

The deficient provision in the amendment of 2016, which this submission wanted to replace is :

“Section 4. The State Government may, within such period, in such manner and by such
authority, as may be prescribed in the Rules made under this Act, review and monitor whether the direction contained in the Notification issued under Sub-Section (2) of Section 2 has been effectively implemented.”

What was the original proposal? It was:

“ Section 4 (2). The State Government may make Rules for carrying out all or any of the purposes of this Act or for due enforcement of any or all provisions of this Act or for enlarging the scope or purpose of this Act and/or for providing punishment for the violation of any provision of this Act.”

It clearly shows that the ingredient for “punishment” to provide for which, along with a set of draft Rules, I had suggested the amendment on September 3, 2015 and to materialize which the Bhasha Andolan was holding its Black Flag campaign, was totally absent in the Ordinance adopted in toto in the Assembly, defeating our democratic trust in the CM that, as per his oral assurance, the lacuna would be done away with during the Assembly business.

The public servants were so adamant to defeat our endeavor that a non-Oriya bureaucrat G,V,V,Sharma, the then Special Secretary in GA department in charge of working of the Act, had opposed the proposed “punishment” in my draft Rules while sending the same to Secretary, Law for “vetting” and had thrown the file to gather dust somewhere in the Secretariat. At that time the CM had danced to his tune and had de facto caused death to the Ministerial Committee as a member of which I had advanced the proposal for this amendment.

Apprising him in details of the harm this mischief has done to Orissa, we had told him to take immediate steps to bring in further amendment to the congenitally deficient amendment of 2016 ; and to help him in this regard, we had handed him over the fresh draft as noted supra.

Cabinet Decision -1

As the CM continued to ignore our proposal dated May 19, 2017 willfully or under inability to acquire necessary courage to overcome the conspiracy of public servants like Sharma, the Council of Ministers, who all are Oriyas by birth, rose to the occasion and wanted to discuss the issue, which gave birth to what is called “Puri Cabinet on Language”. The anti-Oriya public servants tried to blur the vision of the cabinet by dazzling them with as many as 20 language-centric items. However, Resolution 3 is most germane to the demand of Bhasha Andolan for governance of Orissa in Oriya.

The Council of Ministers, for the first time, agreed in this Resolution with our demand to amend the Act for punishment to contraveners of the Act. But to dilute its sharpness the public servants mingled it with components of reward to departments and persons working efficiently in Oriya language, which conversely suggested that punishment for violation of the Act may be given not exactly to the erring employees, but to the departments. Punishing a department for illegal activities of employees is punishing the people while protecting the offender.

Bhasha Andolan rejected the mischief and refused to be hoodwinked. Black Flag campaign continued all over Orissa in strategic nerve centers with paragons of Oriya nationalism like Pradyumna Satapathy (President), Pabitra Maharatha (Convener)in overall command and Nabakishore Pradhan, Dr. Asit Das, Janakish Badapanda, Umacharan Mohanty, Laxman Dash, Nilamani Mishra, Narayan Khuntia, Chittaranjan Mishra, Chakradhar Mahanta,Dasarathi Guman Singh, Dambarudhar Haran Singh, Madan Mohan Harichandan Mohapatra,Upendranath Samant Sinhar, Arjun Charan Samantaray, Bibhuti Pattnaik, Sarada Prasad Mohapatra, Ruturaj Pattanayak, Asis Bebartta, Pradosh Sarangi, Sanjib Panda, and Gobind Satapathy etc leading the campaign at Bhubaneswar. Rajendra Biswal (Byasanagar), Kalaratna Baishidhar Kar and Prof. Girija Shankar Sharma (Sambalpur), Gajanan Mishra (Titilagarh), Arttatran Mohapatra (Rourkela), Dr.Sagar Ranjan Tripathy (Berhampur), Soumya Nayak (Chhatrapur), Ashok Parida (Phulbani) and many others in many places, all of whom are to be placed in a special publication on the anvil are leading the campaign.

Cabinet Decision-2

Members of the Council of Ministers, all genuine and pure-blooded Oriyas, could understood the mischief exposed by Bhasha Andolan and, therefore, in its meeting on March 14, 2018, it de facto nullified the Puri mischief and laid down the “Objects and Reasons” of the proposed amendment. This cabinet decision is very important for governance of Orissa in Oriya. We quote Para 2 of the circulated decision. It reads:

“Though the Act is very old Act and is in force since 1954, the provisions of the notification issued under sub section (2) of section 2 of the said Act vide notification No.7152-Gen. dtd 29.03.1985 published in the extra ordinary issue of the Odisha gazette No. 562 dtd 10.04.1985 directing all the employees and Officers of the State Government excepting those specified in the schedule thereto to use Odia language in all official noting, the same is not properly implemented as there is no provision of imposing penalty against the Officers or employees who are violating the provisions of the notifications under the Act.”

Para 3 of the Press Note depicting the Resolution says, “Government have decided to bring the amendment immediately providing penalties for such erring officers and employees who don’t obey the directions issued under sub section 2 of section 2 , so that they will implement the provisions of the notification in its letter and spirit.”

Thus, the Cabinet on March 14, 2018 removed the ambiguity seen in the Puri Resolution and finalized the “objects and reasons” of the amendment to be brought in “immediately” on the Act.

In view of the March 14 resolution to amend the Act “immediately”, the Bill should have been introduced on the first occasion of official business on March 26, 2018. But delay for a month was deliberately done to find out how to kill the March 14 resolution.

Conspiracy succeeds
Objects and Reasons arbitrarily changed

As a result, the Amendment Bill, introduced as noted supra, has most notoriously changed this Cabinet decision on “objects and reasons” in order to protect the erring employees and officers.

“Statement of Objects and Reasons” is the foundation on which an Act stands. It defines the Legislative Intension and makes the Act work accordingly.

In formulating the “Objects and Reasons” for amendment of the Act, the Cabinet of March 14, had clearly laid down that “officers and employees who don’t obey the directions” to “use Odia Language in all official nothings” shall be punished with penalties.

CM Naveen Patnaik and his coterie of notorious civil servants have wiped out this noteworthy Resolution of the Cabinet, as the screen print of the official web-page so emphatically suggests.

After killing the Cabinet decision dated March 14, 2018, the CM has introduced Odisha Official Language (Amendment) Bill 2018 on April 27, 2018 that is well set to protect the officers and employees who will contravene the Act and refuse to render service in Oriya and disobey to use Oriya language in official nothings. Naveen Patnaik aims at punishing the people of Orissa for the contravention of the Act by his employees!

Here is what the Statement of Objects and Reasons of the proposed amendment says:

“As per the decision of 51st meeting of Cabinet held on 26.12.2017 at 11.15 AM, the State Government is required to bring necessary provisions in the Odisha Official Language Act by way of amendment to award incentives to officials/Departments for extensive use of the official language and also to punish the erring officials/Departments.

Accordingly, necessary draft amendment Bill, 2018 has been prepared for amendment to the Odisha Official Language Act, 1954 to empower the State Government to prescribe in the Rules to award incentives to officials/Departments for extensive use of the official language and also to punish the erring officials/Departments.”

That, the expression “officials/Departments” in the ‘Statement of Objectives and Reasons’ means either the officials OR the Departments is clearly visible in the body of the amendment itself. It reads:

“4A. The State Government may prescribe suitable measures in the rules to award incentives to officials or Departments for extensive use of the official language and also to punish the erring officials or Departments.”

Hence, when any official doesn’t work in Oriya, he or she shall not be punished, because instead of him/her the concerned Department can be punished, which the word “OR” clearly connotes.

Naveen proposes to punish the people

This means the people of Orissa shall be punished for contravention of the Official Language Act by any public servant.

Bhasha Andolan strongly protests against this mischief.

What the MLAs should now do?

It demands that the introduced amendment be forthwith redrafted to punish the public servant who fails to serve the State in Oriya language and not and never the State. Hence, the MLAs should now insist that the ‘Statement of Objects and Reasons’ behind the proposed amendment be redrafted in accordance with the “Objects and Reasons” formulated by the Cabinet on March 14, 2018.

Bhasha Andolan also demands that an inquiry be conducted into who obliterated the March 14 Cabinet Resolution and coined the ‘Objects and Reasons’ under question by arbitrarily reviving the superseded resolution of December 26, 2017. Our MLAs should support this genuine demand.

The people of Orissa have the birth right to have administrative services in Oriya language for which purpose alone their forefathers had fought against all odds and founded the State of Orissa.

Oriya Language created Orissa and therefore Orissa must be ruled by Oriya Language

Subhas Chandra Pattanayak

Chief Minister Naveen Patnaik seems to have developed a wrong notion that governance of Orissa in Oriya depends upon his mercy. His press-note of December 17 and full page display advertisement in major broadsheets of today force us to arrive at this apprehension.

In his December 17 press note it was declared that he had held a meeting with the five members of the ministerial committee on that day for the purpose of “strictly implementing the Orissa Official Language Act, 1954 in official and non-official level” to facilitate which a website has been floated by the government. In the full page multi-color advertisement in broadsheet dailies today, this is intriguingly missing.

The advertisement is designed to tell the people that Chief Minister Naveen Patnaik has taken historical steps to save and develop Oriya language, and has enumerated the steps he has taken. This is blatant lie. Neither he nor his government has executed any single item claimed to be “historical” in the official advertisement. The entire advertisement is nothing but false propaganda. What a shame it is, that, the people of Orissa are taken for granted by their Chief Minister! Read more →

Navakalevara: Legends and reality

Subhas Chandra Pattanayak

Legends are the most misguiding mischief aimed at superimposing lies on reality so that indigenous people of an occupied land are kept too dazzled to see the dark face of the rulers and the class of exploiters can keep its victims subjugated to its authority, while forcing them to forget the heroic history of evolution of their own philosophy of life, their own splendid spiritual realizations, their own socio-economic uniqueness, their own ancient culture, their own valorous past, their own way of social integration and their own civilization.

We see this mischief galore in the context of Navakalevara of SriJagannatha.

So, here, we are to rip apart the legends and bring the reality of the Navakalevara to light, as thereby alone we can reach the lost uniqueness of the people of Orissa.

We will use Puri Sankaracharya’s self-proclaimed authority over Navakalevara to proceed with our purpose.

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Samaja in Maze of Forgery: Two former Ministers of Orissa – Lingaraj Mishra & Radhanath Rath forged the WILL of Gopabandhu; Both benefitted till their death; SoPS continues to Loot

Subhas Chandra Pattanayak

The Oriya daily SAMAJA founded by late Utkalmani Pandit Gopabandhu Das, to which, out of their love and reverence for the great humanitarian leader, the people of Orissa had and have been giving their financial and moral support, is in a menacing maze of forgery and loot.

Sadly, two of Gopabandhu’s trusted men – Lingaraj Mishra and Radhanath Rath – who, because of being known so, had the opportunity of becoming cabinet ministers in Orissa, were the masterminds and/or makers of the forgery from which the paper is yet to be salvaged.

Both of them – Lingaraj and Radhanath – had partnered with each other in forging the last WILL of Gopabandhu to grab the Samaja, which being Gopabandhu’s paper was of superb credibility and the greatest political instrument of the day. They had performed this crime behind the screen of and in nexus with Servants of the People Society (SoPS), of which, while breathing his last, Gopabandhu was the Vice-President. Read more →