Come out with specific order on fire safety: The issue cropped when the officer staying 60 applications and subsequently rejected all saying that fire department was not capable of fighting beyond 12 meters (four storey and above buildings). We wanted to discuss the issues but he was not willing. We faced a host of problems in the construction sector.
Even on the stipulation of 12 meters, the government had told the then Fire Force chief clearly that he should not hold the public to ransom but take steps to procure the required equipment otherwise entire construction activity in the state will come to a standstill.’
The officer was quoting clauses of National Building Code (NBC) which were not mandatory under the Kerala Building Rules. He was asked emphasise only on part 4 of NBC which talks about fire protection. After initial NOC if all required conditions are fulfilled, then building should be assessed and cleared.
The Fire Force tried to create hurdles by preparing a 30 page check list and issuing directive to staff that only buildings which cleared all stipulations, should be cleared. If this was imposed no building would have got clearance in the state.
Since June 1, 2015 no NOC has been given by fire department to buildings including apartments, commercial complexes, auditoriums, cinema theatres, malls , IT buildings, educational institutions and hospitals . So it is not just builders who are complaining. The entire industry was affected.
Instead of discussing these issues with stakeholders, he went on a holiday. This had led to crisis in the industry. Many people who came from abroad during holidays could not take flats because there were no occupancy certificates. More than 200 applications were withheld affecting registration revenue, cement, steel and other construction sector businesses.
When the chief minister, minister concerned and officials were informed about the crisis, they promised to intervene. Subsequently the Cabinet decided unanimously to remove the officer realising the gravity of the problem in construction sector.
Builders have put in place all fire fighting equipment worth not less than Rs 50 lakh. But the fire department till recently had not been conducting annual checking. In July this year the High Court had observed; “As far as NBC is concerned it is stated that that the same is just a general guideline. It was pointed out that the broad framework of NBC has been taken into consideration while framing Kerala Building Rules 1999. The contention is that NBC is not statutory in character and therefore all the provisions are not binding on the government while framing the rules.”
Changing the official is not enough, the government should now come out with specific order to ensure that officers in future do not misinterpret rules to create crisis in construction sector.
(Author is secretary general, CREDAI (The Confederation of Real Estate Developers’ Association of India)
Upright officers have to tread difficult terrain: The public are watching especially now with media being so alert, reporting events connected with the working of the government and the officials. Therefore every action is being evaluated for its correctness and for its moral and ethical propriety by the people. The satisfaction officers can have is that of the general public’s approval of their actions and approaches regardless of what is going to be the ultimate result.
If the government actions are not in keeping with the ultimate public interest that certainly acts as a black mark upon every government. The officer can have the satisfaction of having listened to his conscience.
In fact in any set up including monarchy, oligarchy or plutocracy, the bureaucracy is always under pressure to conform to the wishes or the whims and fancies of those in power. This is no less in a democracy as we find though democracy is supposed to be the best among the forms of governments available.
In the present situation the people expect their government especially when it is a democratically elected government, to act in their best interest. Unfortunately this does not happen all the time. Even if appropriate feedback is available from the media and from public opinion, we find that the governments fail in rising to the demands of people.
The only solution lies in the next election. The essential difference - there are many officers who are willing to toe the line and not only meet the demands of powers that but even go all hog and beyond to appease them. This is for the sake of personal benefits and also to make compromises if they are not upright.
It may have a mixed impact on the young officers. They are intelligent people, they can see what is there and can make a choice of their path. Sense of correctness, commitment and integrity, that is what we have to encourage among the officers.
But sometimes you have to pay a big price for being upright. Officers get transferred ten times during a year, given very unimportant postings, their personal lives are put in a disarray and education of their children could get affected because of abrupt transfers.
There was an instance which I came across. An IAS officer who was posted as Resident Commissioner in Delhi was suddenly transferred to Kerala and that too in the middle of the academic year of his child. There was absolutely no concern for reputation, integrity and personal problems of the officer. The officer had to take leave for a year for completion of his child’s education. This is the kind of real harassment officers are put to at times.
Such instances have come down to some extent. But it all depends upon the responsiveness and empathy of the government in power. If politicians are unscrupulous and ruthless they don’t care for public opinion. But there is at least some light at the end of the tunnel Because of media and public pressure.
(Author is former chief secretary)
