MEASURES TO COMBAT ALLEGED ILLEGAL COLLECTION OF MONEY FROM THE VEHICLES AT CHECK GATES AND OTHER LOCATIONS IN THE STATE

To curb the illegal collection of money from the vehicles on the roads, the State Government has issued several directives in the past. Reports, however, continue to be received alleging illegal collection of money from vehicles on roads and at various check gates by organizations, groups, government agencies, private individuals, etc. In light of the reports and to prevent and curb the illegal collection of money from vehicles by any entity or individual, the Governor of Nagaland is pleased to order the following for strict compliance by all concerned with immediate effect:

1.          All Police check gates, except the existing interstate check gates shall be closed forthwith.

2.          The check gates set up by other Departments, including by Municipal and Town Councils, shall also be immediately closed throughout the State, except the interstate check gates, which may function up till 31st May 2022, and beyond that date shall function only after obtaining the specific approval of the Home Department.

3.          If anywhere in the State a check gate by any organization, group, or private individual, has been set up or functioning, for whatsoever reasons, that shall also be removed/closed forthwith.

4.          In the event of additional inter or intra-district check gates required for unavoidable reasons by any Department, including the Police Department, in any part of the State, the matter shall be referred through the AHOD/HOD concerned with justifications to the Home Department for consideration, and only after getting prior approval of the Government, the check gate will be set up by the Department concerned.

5.          Every Department concerned after closing the check gate at any location in compliance with this order, shall dismantle and completely remove any temporary structure/building standing at the location and being used by it, to obviate the possibility of anyone else misusing the structure/space left behind for illegal collections purposes.

6.          The Deputy Commissioner in every district shall constitute an ‘Inspection Team’ comprising the ADC(Hq), Addl. SP/ Addl. DCP, District Transport Officer, and the District Public Relations Officer (DPRO), which shall be responsible for ensuring that there is no check gate functional on any road in the district in violation of this order. The Team will move with a section strength force to be provided by the respective SP/DCP, and regularly conduct surprise inspections to check if any unauthorized check gate is functional, and in the event of any such gate being found, including by private groups, individuals, all the persons manning the gates shall be prosecuted under sections 188 and 384 IPC. Disciplinary proceedings shall also be initiated by the Department concerned against the government servants found involved, if any. Further, prompt steps shall be taken to dismantle and remove the unauthorized check gates put up by any department, local authority or organization.

7.          The Inspection Team shall also conduct comprehensive inspections of the functioning of the duly permitted check gates to satisfy themselves that no illegal collection of money is taking place. In the event of any illegal activity found, the matter shall be immediately brought to the notice of the Deputy Commissioner concerned who shall forthwith submit a report to the Home Department through the Commissioner, Nagaland with his views. Further, the head of the office concerned in the district shall take penal action against the erring employees under the relevant sections of law besides initiation of disciplinary proceedings.

8.          The person in charge of any check gate shall ensure that except the government employees detailed by the Department, no other private individual is present at any point of time in and around the premises/structure being used for check gate. The presence of any unauthorized person/group at or near the check gate shall be considered as sufficient proof of everyone colluding for the illegal collection of money and action as per law shall be taken against everyone.

9.          The Inspection Team shall submit detailed reports of every inspection being made by it to the Deputy Commissioner, for perusal and for taking action as required. Further, the Deputy Commissioner through the DPRO will ensure that the observations and findings of the Inspection Team, and the actions taken, if any, are given wide publicity.

10.      The Home Department from time to time will also be sending a team of officers from the Secretariat to inspect the check gates. The Department concerned may also regularly send their officers to inspect the check gates and submit reports to the Home Department.

11.      The PHQ shall set up a control room to be manned on 24x7 basis, and share widely, the contact mobile number with whatsapp facility, and an email ID, inviting people without requiring the person concerned to reveal his/her identity if he/she so desires, to share any report/information or make a complaint regarding the illegal collection of money from the vehicles at any check gate or other location in the State, and the control room, which should be manned by sufficient personnel headed by a senior officer shall, besides passing on the information/complaint to the Inspection Team of the district, also give immediate further instructions for taking appropriate actions. A fortnightly report of the calls received and the action taken by the control room shall be made available to the Home Department for perusal.

12.      In case of any information received of a vehicle that needs to be checked/inspected because of it being suspected of carrying illegal items, or if there is any contravention of any law/rule/regulation, or it has evaded paying any charges/fee/tax needed to be paid to the Government, or for any other sufficiently good reasons, the Department officials concerned may immediately contact the Inspection Team of the District concerned and jointly carry out the necessary checks on the vehicle and take other action as necessary.

13.      The PWD Department shall put up prominent signages in local dialects/ English and Hindi at every check gate/point declaring that no payment other than required by any law/rule/provision, if applicable, shall be made and that for such payments a proper receipt will be given. The contact number of the control room in PHQ shall be displayed prominently on the signages. The signages shall be erected and placed in such a way that they are prominently readable from a distance day and night.

14.      The Deputy Commissioner shall obtain regular reports from the Inspection Team in the district, and on the 1st and 15th of every month submit a detailed report to the Home Department through Commissioner, Nagaland and shall certify the following:

(a)    Regular inspections are being carried out by the Inspection Team throughout the District to ensure complete compliance to this order

(b)   That no unauthorized check gate is functional in any part of the district.

(c)    At the permitted check gates, detailed inspection and thorough inquiries have been made, and there are no cases of illegal collection of money by anyone at such check gates.

(DIPR)