Updated Article on Right To Information.

                  Right To Information Act, 2005.              M.V.Ruparelia.

This is an Act of Parliament, giving to all Citizens an access to information in order to promote transparency & accountability in the working of all the Public Authorities. Obligations of all Public Authorities as laid down in the Act include among many aspects, the publication of procedure followed in the decision making process, norms set by it for discharge of its functions, the procedure of consultation with Public, giving all relevant facts while formulating important policies/decisions affecting Public, provide reasons for its administrative or quasi judicial decisions to affected persons.

For the purpose of giving information under the Act, each Public Authority shall nominate Public Information Officer and Appellate Public Information Officer in all administrative unit/office. Public Information Officer shall give the required information to the Applicant without asking the reasons for soliciting any information within 30 days of receipt of the Application. No specific Form is prescribed for asking information. Application shall be addressed to P.I.O. concerned and generally be in the following proforma:-

1. Name of the Applicant.       2. Address of the applicant.     

3. Detailed particulars of information required.

4. Whether information is required by Post/ Internet/ in person.

5.  Fee paid (in case the applicant is below poverty line, no fee but photo copy of proof to be attached).

 Place, Date & Signature of the Applicant.

Fees prescribed for Application is Rs. 10. No fee is prescribed for Ist & IInd Appeal for Central Government Departments and others under jurisdiction of CIC, Delhi. Some States have prescribed Rs.20 for 1^st & 2^nd Appeals.  For supplying information, only reasonable fee is to be charged not exceeding Rs. 2 per page of information/Rs. 50 for floppy/CD. No fee is to be paid for inspection for first 1 hour, Rs. 5 per every next hour for Central Government Units and for every 15 minutes for Maharashtra State. Fees can be paid in cash, D.D., Bank’s Pay Order, Post Office, and Court Fee in Maharashtra State. No fee is to be paid, if reply is not given within 30 days/ 45 days for Application/Ist Appeal. No time limit is prescribed for IInd Appeal to Commission.

Reply to each Application shall contain the details of Appellate Authority and time limit (30 days of receipt of reply) within which appeal has to be filed in case the applicant is not satisfied with reply. If Application is rejected, specific reasons are required to be given with details of Appellate Authority. If no reply is received, Appeal can be filed to the Head of the Unit/Office. Exemptions from disclosure of information are specified in the Act and generally pertain to security, strategic interests etc of the Country.

Ist Appeal (under Section 19(1) of the Act) can be in the following proforma:-

1. Name of the Appellant.           2.  Full Address of the Appellant.

3.  Particulars of Public Information Officer.

4.  Date of receipt of the order appealed against.

5.  Last date of filing Appeal (30 days from date of receipt).

6.  The grounds of Appeal.

7.  Particulars of information required & name of office/ department to which information pertains.

 Place, Date & Signature of Appellant.

Ist Appellate Authority is generally belonging to the same department but senior to the PIO and shall conduct quasi-judicial proceedings and shall give fair & unbiased orders on your appeal. He can call the Applicant but it is not mandatory for Applicant to attend. He shall give reasons for arriving at his decision. Decision shall be conveyed within 30/45 days.

If the reply is not satisfactory or not received within 45 days, IInd Appeal can be filed with State/Central Information Commission, as the case may be within 90 days (can be extended by Commission).Central Information Commission has laid down the following proforma to be submitted in duplicate with certificate that copies of This Appeal with all enclosures are sent to the concerned Public Information Officer & Appellate Authority. Each page of Appeal & enclosures are required to be self attested.

1) Name of the Applicant:           

 2) Address:                                                     

3) Telephone No.& E/Mail: 

4) R T I Request/ Information sought:

5) Name of CPIO with Address & T.No.:

    A) Date of request:             .  B) Date of reply:

6) Name of First Appellate Authority & address with T.No.: 

    A)  Date of 1^st Appeal:     B) Date of Orders of A.A.: 

7) Prayers or Relief sought:  .

8) Grounds of Prayer or Relief: 

9) Verification by Appellant: 

10) Any other information:

11)  Whether 2 sets sent:

12) Page numbering:

13) Whether self attested all documents: 

14) An Index:  Attached.

15) 1 full set to CPIO:   

16) 1 full set to A.A.: 

17) Certificate that matters under this Appeal have not been filed or are pending with any court or tribunal or with any other authority:     

Index of enclosures to be prepared & sent with IInd Appeal.

Central Information Commission consists of Chief Information Commissioner and such number of Central Information Commissioners (not exceeding 10). All these Commissioners shall be appointed by President of India on recommendations of Prime Minister, Leader of Opposition in Lok Sabha and one Cabinet Minister nominated by Prime Minister. These Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science, technology, social service, management, journalism, mass media or administration & governance and shall be appointed for 5 years or till 65 years age. Each State shall also follow the same guidelines and appoint Commissioners with recommendations of Chief Minister etc with the approval of the Governor. These Commissioners are vested with powers of Civil Courts. No Court can interfere or entertain any matter arising out of this Act. No time limit is fixed for disposal of IInd Appeal and this is causing lot of unrest amongst the Applicants. Large number of IInd Appeals is pending in each State & Centre. Commissions are authorized to penalize Public Information Officers, who refuse to receive the Application or do not give information or give incorrect information knowingly, to the extent of Rs. 250 per day till Application is received by him or information is given, as the case may be subject to the maximum of Rs.25000. Even disciplinary action can also be ordered against Public Information Officer. This Act does not apply to certain organizations like Intelligence, Security etc. However, cases of corruptions & human rights violations are not excluded. Commission shall give a report on implementation of the provisions of the Act every year to the appropriate Government and such report shall be placed before both Houses of Parliament/State Legislature. It would be observed from this that Legislative Authority has given so much importance to this Act and given right to Public to ensure the transparent & efficient working of the Executive Authorities. People should take advantage of this Act and exercise their democratic power to ensure proper functioning of all Public Authorities.

However, it is observed that Act is taken as not a Grievance Solving Machinery by many of the Departments and detailed logical arguments brought out, while asking the basis of a particular wrong decision are not replied and thrown out as not covered under Right To Information Act, 2005. After getting information as available from Public Authorities, the Public is expected to take up separately for rectifying the wrong decision. The same old music of ``Apply, Apply-No Reply`` continues on representations and hardly any one (except Activists) prefers to go to Courts or is able to get Public Interest Litigation (PIL) filed! As reply to individual representation is not statutorily laid down, except under Right To Information Act, 2005, the position of the Citizen remains almost the same! If you inquire about your case/matter on phone, most of the times, it will be ringing or give engage tone, as if the person has a devise to keep so or is not available. All phones in Utility Offices, including those at top of the administration, should have an answering machine, so that complaints are recorded and the higher ups know as to how long the person on duty remains not available!! An appropriate clear provision for replying the arguments/grievances also could have helped the suffering Public! The intention of the Act in Preamble for Accountability and Obligations of Public Authorities in Section 4 of the Act do not make the Public Authorities to review their wrong decisions (without going to the Judiciary)! The desire of Indian Public for better governance & better policies can not be achieved due to such attitude of Public Authorities! General Public continues to suffer.

However, the Act enables the Citizen to get information on rules, government expenditure (even from P.M.`s Fund), reasons for taking decisions and copies of Government Orders etc.This Act is very useful and all Citizens should use it properly and ensure proper functioning of the Government Machinery.

Central Information Commissioner, Delhi has clarified that Associations, Firms, Private  & Public Companies can also ask information under Right to Information Act, 2005 but in their personal name. He has also clarified that Applications/Appeals from Senior Citizens shall be given preference and finalized within 4 months of receipt.

Some of the Guidelines given by Ministry of Personnel, Public Grievances & Pension (Department of Personnel & Traing-DOPT), New Delhi under their Memorandum no. 1/4/2009-IR dt 5-10-09 are important and should be kept in constant view.

The basic object of the Right to lnformation Act is to empower the citizens, promote

transparency and accountability in the working of the Government, contain corruption, and make

our democracy work for the people in real sense. It goes without saying that an informed citizen

is better equipped to keep necessary vigil on the instruments of governance and make the

government more accountable to the governed. The Act is a big step towards making the

citizens informed about the activities of the Government.

The Public lnformation Officer is not supposed to create information: or to interpret

information; or to solve the problems raised by the applicants; or to furnish replies to

hypothetical questions.

 The Act gives the citizens a right to information at par with the Members of Parliament and the Members of State Legislatures. According to the Act, the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

There is no prescribed format of application for seeking information. The application can

be made on plain paper. The application should, however, have the name and complete postal address of the applicant. Even in cases where the information is sought electronically, the application should contain name and postal address of the applicant. Information is any material in any form. It includes records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force. The Act gives the right to information only to the citizens of lndia. It does not make provision for giving information to Corporations, Associations, Companies etc. which are legal entitieslpersons, but not citizens. However, if an application is made by an employee or office bearer

of any Corporation, Association, Company, NGO etc. indicating his name and such employeeloffice bearer is a citizen of India, information may be supplied to himlher. In such cases, it would be presumed that a citizen has sought information at the address of the Corporation etc.

The information seeker is not required to give reasons for seeking information.

The public authorities take various administrative and quasi-judicial decisions which

affect the interests of certain persons. It is mandatory for the concerned public authority to

provide reasons for such decisions to the affected persons. It may be done by using appropriate mode of communication.

All public authorities with more than one PI0 should create a central point

within the organisation where all the RTI applications and the appeals addressed to the First

Appellate Authorities may be received. An officer should be made responsible to ensure that all

the RTI application  & appeals received at the central point are sent to the concerned Public

lnformation OfficersIAppellate Authorities, on the same day.

A public authority may designate as many Public information Officers for it, as it may

deem necessary. It is possible that in a public authority with more than one Public lnformation Officer, an application is received by the Public lnformation Officer other than the concerned Public lnformation Officer. In such a case, the Public lnformation Officer receiving the application should transfer it to the concerned Public lnformation Officer immediately, preferably the same day. Time period of five days for transfer of the application applies only when the application is transferred from one public authority to another public authority and not for transfer from one Public lnformation Officer to another in the same public authority.

. Where a request for information is rejected, the Public Informalion Officer should

communicate to the person making the request-

(i) the reasons for such rejection;

(ii) the period within which an appeal against such rejection may be preferred; and

(iii) the particulars of the authority to whom an appeal can be made.

Public authorities formulate policies and take various decisions from time to time. As

provided in the Act, while formulating important policies or announcing the decisions affecting

the public, the public authority should publish all relevant facts about such policies and

decisions for the information of public at large.

The public authorities take various administrative and quasi-judicial decisions which

affect the interests of certain persons. It is mandatory for the concerned public authority to

provide reasons for such decisions to the affected persons. It may be done by using

appropriate mode of communication.

The Act makes it obligatory for every public authority to make su-motu disclosure in

respect of the particulars of its organization, functions, duties and other matters, as provided in

section 4 of the Act. The information so published, according to sub-section (4) of section 4,

should be easily accessible with the Public lnformation Officer in electronic form. The Public

lnformation Officer should, therefore, make concerted efforts to ensure that the requirements of

the Section 4 of the RTI Act 2005 are met and maximum information in respect of the public

authority is made available on the internet. It would help him in two ways. First. the number of

applications under the Act would be reduced and secondly, it would facilitate his work of

providing information inasmuch as most of the information would be available to him at one

dace.

An applicant under the Act has a right to appeal to the lnformation Commission and

also to make complaint to the Commission. Where the lnformation Commission at the time of

deciding any complaint or appeal is of the opinion that the Public Information Officer has without

any reasonable cause, refused to receive an application for information or has not furnished

information within the time specified or malafiedly denied the request for information or

knowingly given incorrect, incomplete or misleading information or destroyed information which

was the subject of the request or obstructed in any manner in furnishing the information, it shall

impose a penalty of two hundred and fifty rupees each day till application is received or

information is furnished subject to the condition that the total amount of such penalty shall not

exceed twenty-five thousand rupees. The Public lnformation Offcer shall, however, be given a

reasonable opportunity of being heard before any penalty is imposed on him. The burden of

proving that he acted reasonably and diligently and in case of denial of a request that

such denial was justified shall be on the Public lnformation Officer.

Deciding appeals under the RTI Act is a quasi-judicial function. It is, therefore,

necessary that the appellate authority should see to it that the justice is not only done but it

should also appear to have been done. In order to do so, the order passed by the appellate

authority should be a speaking order giving justification for the decision arrived at.

 If an appellate authority while deciding an appeal comes to a conclusion that the

appellant should be supplied information in addition to what has been supplied by the Public

Information Officer, he may either (i) pass an order directing the Public lnformation Officer to

give such information to the appellant; or (ii) he himself may give information to the appellant. In

the first case the appellate authority should ensure that the information ordered by him to be

supplied is supplied to the appellant immediately. It would, however, be better if the appellate

authority chooses the second course of action and he himself furnishes the information

along with the order passed by him in the matter.

Ministry of Personnel is trying its best to persuade citizens to use RTI Act, 2005 through advertisements and announcements in TV Channels etc. It issues various instructions for streamlining the working of the Act. With a view to strengthen the implementation of the Act, it has advised all Ministries in their Memorandum no. 4/10/2011IR dt 18-5-11 to i) include one separate chapter regarding implementation of the Act in their Ministry, including all attached/subordinate offices and PSUs under their control in their Annual Reports for 2011-12 onwards. Ii) Each Ministry should organize at least ½ day Traing Programme for all their Public Information Officers & Appellate Authorities to sensitize them about their role in implementation of the Act. iii) Each Public Authority having Web Site must publish the details of monthly receipts & disposal of RTI Applications in their Web Site within 10 days of the close of the month.

Right Every Wrong.

                       Let Us Right Every Wrong.                             M.V.Ruparelia.

To-day, Citizens form a People Power with an Informed & Proactive Citizenry and can change the present deplorable position of working of Democracy. “The purpose of life is not to just create wealth for oneself and one`s family, but that life is to be lived for a greater purpose. This purpose is to create and leave behind a legacy of a better world for future generations, a humane world where there is social equity and a nurturing environment for one and all ``

We observe that even an illiterate labour engaged for laying down cable, lines for water or electricity does not do his allotted work properly, though paid adequately. He does not restore road properly after just haphazardly finishing his work, causing lot of inconvenience to citizens. Majority of Citizens working in Government & Public Sector do not perform their duties promptly and properly for which they are paid sufficient emoluments. Many work only after getting extra money from those, whose work, they do! Grievance Solving Machinery is defective and completely ineffective!! Citizens working in Private Sector are kept for benefit of the employers. Labours at the lowest level also do not work with heart but work haphazardly and half heartedly, resulting in defective workmanship, endangering life of others and causing inconvenience to others. General standard of honesty is very low in most sectors of the society. There is general tendency to avoid paying taxes and taking personal advantage of situations, laws, loose & irresponsible Government Machinery.  Many citizens have no consideration for national spirit. It has become a custom, way of life to get Work done by paying illegal gratification and follow their leaders!! Even educated and informed citizens follow this path!! Recent mass uproar for corruption and Lok Pal Bill indicates the sad position of the country. Passing of Lok Pal bill or other legislation may not bring the desired results, unless the most important principle of performing fundamental duties by each citizen is followed voluntarily or forced by providing quick & heavy punitive action against defaulters. Human Rights principles are for Human beings but when citizens forget human instincts and adopt animal instincts of complete selfishness, no rights accrue to them!!

Many of the Representatives and leaders of people like Ministers, MPs, MLAs, Nagar Sevaks, Panchayati entities, Bureaucrats, Judges  etc have become expert in exploiting the citizens by dividing them  by caste, creed, religion, political followings, reservations etc. They even pay money for votes!! Their main aim is to get votes and some how get & remain in power and not the interest of citizens` welfare. They are not Sevaks but Masters of citizens! They are after their rights & do not perform their duties!! We are seeing day in & day out their misbehaviour & misdeeds. Parliament is not allowed to function for days together wasting 2 cror rupees of Citizens per day! Similar pathetic position prevails at State & Municipal levels.

Education & Media can do a lot to improve this situation. Fundamental Duties must be imbibed in each student. Media must continuously and consciously propagate the necessity of each citizen performing his/her Duty sincerely and automatically.

Citizens must awake to this serious situation of the country and start acting with zeal and create proper situation before it is too late! The need of hour is to speak out & stroke out. The entire situation has arisen due to tolerating every thing and not speaking out and bringing the unacceptable faults to the notice of concerned Public Authorities and defaulters. At every stage & every place, wherever we are, we must not silently tolerate every injustice to citizens and bring to the notice of concerned Public Authority. By constant & many persons bringing injustice/inconvenience to the notice of concerned Public Authorities, position will surely improve. We must also bring to the notice of individual citizens their misdeeds affecting public & uncivic behaviour from time to time. Speaking out & Stroking from time to time will improve the situation. It is very necessary that citizens are made to realize through special and repeated propaganda by media/government/NGOs; strict effective and quick legislations; quick heavy punishments; social stigma etc that they must perform their basic duties first towards Society and then only desire and take advantage of their rights.

We must strive for some changes in our Constitution, which may give us full time MPs, MLAs, Nagar Sevaks etc, who should devote their full time in their constituency and not once in 5 years for asking for votes! Only those, who are sincere & honest, should be allowed to contest and voting should be compulsory for each citizen. No political party should be allowed to be formed and each individual will be responsible to his/her constituency. Proper Policy, Guidelines & Action Plan for the progress of the Country should be laid down every 5 years & annually. Elections can be every 5 years but any elected representative can be called back before this tenure by following the laid down procedure. Abolition of Political Parties appear necessary, as they fight for their existence and showing One-Up ship & not for serving Citizens.

There should be Fundamental Duty Commission on par with Human Rights Commission. Human Rights should be for humans only and any inhuman behaviour must withdraw human rights of that individual. There should be Common Law- Code of Conduct for all citizens irrespective of religion, cast, creed etc. Just like Citizen Charter with targets to give various facilities by all Public Authorities, Citizens Duty Chart should be prepared for duties/functions of citizens individually, in Family, in Society & in Country and notified for information & following strictly by all Citizens. Strict punishments for defaults must be laid down and followed in all cases without fear or favour.

All citizens in Democracy are required to be well aware and well informed of the fact that Rights can be enjoyed only after doing one`s Duties and Individual Social Responsibility. To-day, unfortunately in our Country, majority of Citizens want to have their rights without performing any duties. There is a mad rush to take advantage for self without thinking of others! We have seen large number doing frauds, preparing duplicate inferior goods, mixing anything & every thing in grocery, water in milk, fake medicines and what not!

Senior Citizens and their Associations must awake to the present deplorable situation of the Country and take up this challenge of improving this situation to the extant possible by speaking out and stroking out for each wrong that comes to their notice and get that done right  with their experience and utilization of time.

Letter to Railway Minister

M.V.Ruparelia, A503 Rashmi Utsav, Near Jangid Estate & Vijay Park, Mira Road (East) Dist. Thane. 401107.         M. 09821732855.  E/Mail: mvrup@yahoo.co.in

To                                                                                                   9-10-11.

Shri Dinesh Trivedi,

Hon. Minister of Railways, Rail Bhawan, New Delhi- 110001.

Dear Sir,

Sub: M.V.Ruparelia, A503 Rashmi Utsav, Near Jangid Estate & Vijay Park, Mira Road (East) Dist. Thane. 401107.         M. 09821732855.  E/Mail: mvrup@yahoo.co.in

To                                                                                                   9-10-11.

Shri Dinesh Trivedi,

Hon. Minister of Railways, Rail Bhawan, New Delhi- 110001.

Dear Sir,

Sub: Looking after Your Elders- National Policy of Older Persons, 1999 (NPOP, 99).

We welcome you as Head of World`s 2^nd Largest Network of Railways and wish you all the success in your very important new assignment.

The population of Senior Citizens in Mumbai is more than 10% of the total population and number goes to more than 12 lakhs. They find it very difficult to enter over crowded suburban trains for their urgent need of going to doctors & social obligations through out the day in these trains. They look towards you for help & sympathy, as both local Railway Authorities are not considering their requests on the plea that this matter requires your directives. Providing a separate coach to this ageing segment of society, who are frail & handicapped due to no fault of theirs but only due to ageing process, for whom Government has provided specific policy in 1999, will not create great inconvenience to general passengers, as 14 seats reserved in 2 compartments by you can be surrendered in lieu of separate coach/separate entrance in one side of a coach. As all IInd Class compartments on both ends have a capacity of 13 seats, one side corner of only one coach in the entire train of 12/15 coach can be earmarked for Senior Citizens by blocking entry of general passengers for that particular side of one coach. This will not cause much inconvenience to general passengers, who have got advantage of 12 & 15 coaches now in place of 9 coaches earlier. It is the Policy of Government to provide Age-friendly, barrier-free access in buses and bus stations, railways and railway stations, airports and bus transportation within the airports, banks, hospitals, parks, places of worship, cinema halls, shopping malls and other public places that senior citizens and the disabled frequent. BEST, NMMT, TMT, MBMT, ST- all transport corporations in Mumbai have accepted the Government Policy and provided separate seats & separate entrance for Senior Citizens with specific provision to utilize 2 additional seats meant for handicapped, if vacant inspite of their buses going more crowded than Suburban trains. In fact, BEST has recently increased the reservation to 5 seats i.e. 10% of total seats. Banks, Passport Offices, Post Offices have provided separate Counters for Senior Citizens. It is only Railways, which have miserably failed to follow this Policy for last 12 years for Suburban Trains on wrong pretext of inconvenience to other passengers, resulting in abuse of Senior Citizens of the Mumbai by Railways. This argument of inconvenience to others is not kept in view, while increasing Ladies Specials & 3 coaches to Handicapped in 15 coach-trains!! The fact that large numbers of Senior Citizens travel, some how daily, in crowded trains also is forgotten. These very passengers are to be given a facility of entering and seating due to their age & physical condition and as a respect to Elders of the Country as per Government Policy. Reservation of some seats in all First Class coaches for those Senior Citizens, who have been able to enter, will also not result in any inconvenience to others, as unoccupied seats will be available to general passengers till some one reaches to reserved seats & requests. It is only that if some Senior Citizens come due to their urgency and capacity to get in, they may get seating comfort necessary for their age.

The Government of India had declared the National Policy on Older Persons as early as 1999 covering all aspects required to be taken into account for welfare of Older Persons. The Policy declared the Older Persons as respected Citizens requiring strengthening of their legitimate place in the Society and to take all actions to help them to live their last phase of life with Purpose, Dignity and Peace. The Policy (para 68) provides fare concessions in all modes of travel with preferences in reservation of seats in Public Transport. We are thankful to both Railways at Mumbai for earmarking 7 seats in 2 compartments for Senior Citizens in Suburban Trains during non-peak hours. As you are aware, even in non-peak hours, it is difficult for Senior Citizens, who are frail & more handicapped than medically certified handicaps, due to age factor, to enter the overcrowded trains and avail of this facility. In view of this and in view of more trains with 12/15 compartments as against 9 earlier and 4 lines between Borivali-Virar Section, we request you to provide your Elders the facility of separate entering for the whole day by providing a small compartment like for handicapped  or blocking entry of other passengers from one side of one compartment out of 12/15 coaches having seating capacity of 13 in lieu of existing 14 seats in 2 compartments and also permit them to travel by Handi-capped Coach & Ladies Specials by earmarking one coach or one side of one coach to enable them to enter and reach Doctors/Pathological Centres etc, which are generally available in Morning Hours. We would also request you to earmark some seats in all First Class Compartments.

We shall be grateful, if this is considered sympathetically & immediate orders issued to Western & Central Railways to earmark one side portion of one coach for 13 seats in lieu of existing reservation of 14 seats and to reserve 10% of seats in First Class Coaches.

We shall be grateful, if a line in reply in terms of para 66 of Office Manual is sent at an early date.

Thanking You,

Yours Sincerely,

(  M.V.Ruparelia  )

We welcome you as Head of World`s 2^nd Largest Network of Railways and wish you all the success in your very important new assignment.

The population of Senior Citizens in Mumbai is more than 10% of the total population and number goes to more than 12 lakhs. They find it very difficult to enter over crowded suburban trains for their urgent need of going to doctors & social obligations through out the day in these trains. They look towards you for help & sympathy, as both local Railway Authorities are not considering their requests on the plea that this matter requires your directives. Providing a separate coach to this ageing segment of society, who are frail & handicapped due to no fault of theirs but only due to ageing process, for whom Government has provided specific policy in 1999, will not create great inconvenience to general passengers, as 14 seats reserved in 2 compartments by you can be surrendered in lieu of separate coach/separate entrance in one side of a coach. As all IInd Class compartments on both ends have a capacity of 13 seats, one side corner of only one coach in the entire train of 12/15 coach can be earmarked for Senior Citizens by blocking entry of general passengers for that particular side of one coach. This will not cause much inconvenience to general passengers, who have got advantage of 12 & 15 coaches now in place of 9 coaches earlier. It is the Policy of Government to provide Age-friendly, barrier-free access in buses and bus stations, railways and railway stations, airports and bus transportation within the airports, banks, hospitals, parks, places of worship, cinema halls, shopping malls and other public places that senior citizens and the disabled frequent. BEST, NMMT, TMT, MBMT, ST- all transport corporations in Mumbai have accepted the Government Policy and provided separate seats & separate entrance for Senior Citizens with specific provision to utilize 2 additional seats meant for handicapped, if vacant inspite of their buses going more crowded than Suburban trains. In fact, BEST has recently increased the reservation to 5 seats i.e. 10% of total seats. Banks, Passport Offices, Post Offices have provided separate Counters for Senior Citizens. It is only Railways, which have miserably failed to follow this Policy for last 12 years for Suburban Trains on wrong pretext of inconvenience to other passengers, resulting in abuse of Senior Citizens of the Mumbai by Railways. This argument of inconvenience to others is not kept in view, while increasing Ladies Specials & 3 coaches to Handicapped in 15 coach-trains!! The fact that large numbers of Senior Citizens travel, some how daily, in crowded trains also is forgotten. These very passengers are to be given a facility of entering and seating due to their age & physical condition and as a respect to Elders of the Country as per Government Policy. Reservation of some seats in all First Class coaches for those Senior Citizens, who have been able to enter, will also not result in any inconvenience to others, as unoccupied seats will be available to general passengers till some one reaches to reserved seats & requests. It is only that if some Senior Citizens come due to their urgency and capacity to get in, they may get seating comfort necessary for their age.

The Government of India had declared the National Policy on Older Persons as early as 1999 covering all aspects required to be taken into account for welfare of Older Persons. The Policy declared the Older Persons as respected Citizens requiring strengthening of their legitimate place in the Society and to take all actions to help them to live their last phase of life with Purpose, Dignity and Peace. The Policy (para 68) provides fare concessions in all modes of travel with preferences in reservation of seats in Public Transport. We are thankful to both Railways at Mumbai for earmarking 7 seats in 2 compartments for Senior Citizens in Suburban Trains during non-peak hours. As you are aware, even in non-peak hours, it is difficult for Senior Citizens, who are frail & more handicapped than medically certified handicaps, due to age factor, to enter the overcrowded trains and avail of this facility. In view of this and in view of more trains with 12/15 compartments as against 9 earlier and 4 lines between Borivali-Virar Section, we request you to provide your Elders the facility of separate entering for the whole day by providing a small compartment like for handicapped  or blocking entry of other passengers from one side of one compartment out of 12/15 coaches having seating capacity of 13 in lieu of existing 14 seats in 2 compartments and also permit them to travel by Handi-capped Coach & Ladies Specials by earmarking one coach or one side of one coach to enable them to enter and reach Doctors/Pathological Centres etc, which are generally available in Morning Hours. We would also request you to earmark some seats in all First Class Compartments.

We shall be grateful, if this is considered sympathetically & immediate orders issued to Western & Central Railways to earmark one side portion of one coach for 13 seats in lieu of existing reservation of 14 seats and to reserve 10% of seats in First Class Coaches.

We shall be grateful, if a line in reply in terms of para 66 of Office Manual is sent at an early date.

Thanking You,

Yours Sincerely,

(  M.V.Ruparelia  )

“Citizens Right to Grievance Redress Bill, 2011”.

M.V.Ruparelia, A503 Rashmi Utsav, Near Jangid Estate & Vijay Park, Mira Road (East) Dist. Thane. 401107. M. 09821732855. E/Mail: mvrup@yahoo.co.in

To                                                                         Date: 11-11-11.

Ministry of Personnel, Public Grievances & Pension, Government of India, New Delhi.

pk.jha@nic.in       satish@arpg.nic.in 

Sub: Comments and Suggestions on “Citizens Right to Grievance Redress Bill, 2011”.           

1.      It is gratifying to note that Ministry of Personnel, Public Grievances & Pensions has prepared and notified a very comprehensive Citizens Right to Grievance Redress Bill, 2011 after 2 years of our pointing out such necessity to President of India in our letter dt 7-9-09 (PRSEC/E/2009/06670). Factual position and suggestions made there in and subsequent letter dt 20-10-09 (PRSEC/E/2009/09181) may be kept in view. 3 Grievances pointed out therein are still not solved!! It would be better, if this Bill is passed and implemented very early by the Government, as each Citizen of this Country is very much fed up with the present deplorable position prevailing in all Public Offices for not giving them in time the Goods & Services due to position  created by Politians & Babudom and Citizens have already indicated their anger for this in high voltage campaign of Anna Hazare throughout the Country.

2.      The Bill is very good but proposes to create another Machinery of Grievance Redress Officers etc. It is suggested that existing Machinery of Public Information, Ist Appellate Authority & Central Information Commissioner under Right to Information Act, 2005 may be used by amending and amplifying the RTI Act, 2005 to avoid duplication of authorities!

3.      However, as decision is already taken to have another Bill and suggestions/comments are called for, the following aspects are brought out for consideration, which may be examined with sincerity to help Citizens to get their due goods & services without present delays & malpractices.

4.      As the Bill is for providing statutory backing for getting timely services and goods specified in citizens charters of public authorities from Gram Panchayat, Block, District, State up to Central Level, it is necessary that each Public Authority includes all rights, services, goods, reply to each representation as per Para 66 of Office Manual etc in Citizens Charters. Para 9 of your Ministry`s Citizen Charter pertains to Grievance Solving Machinery. Similar provisions should be made in Citizen Charters of all Public Authorities. Your Ministry`s Charter gives 2 months time to solve the grievance, as against 15 days provided in the proposed Act. Provision in your Charter should be modified in view of the proposed Act and special provisions made in the Charter & Act for grievances/representations of Senior Citizens. As implementation of Bill may take considerable time, instructions to all Public Authorities to prepare/update their Citizen Charters etc may be very helpful at this stage of agitative mood of citizens.

5.      It appears from Bill that citizens not satisfied with disposal of Ist Appeal by Head Of Department of Central Government Public Authorities have to go to State Public Grievance Commissions and not directly to Central Public Grievance Commission. This may be looked in to and clearly provided.

6.      It is not clear as to what time limit is fixed for disposal of Appeal/Complaint by Commissions, though 15 days are prescribed for sending their Decisions taken after Hearing/Inquiry.

7.      Training should be provided for all Grievance Officers to inculcate in them the spirit of Service to Citizens with Smile and Promptness & to avoid rigid non-cooperative attitudes, created due to self frustration, whims, pride & prejudice and greed & practice of corruption, pervading at present in most of offices.

8.      It should be provided that no fees are to be charged for Application, Appeals and Replies being given by any Public Authority, as some prosperous States like Maharashtra are charging fees for Appeals & postal charges for all replies under RTI Act, 2005!!

9.      Chapter III-Para 4: i) If Citizen Charters are not notified within 6 months, some penalty should be provided, as many Public Authorities are reported to have not notified requirements Of Sec 4 of RTI Act, 2005 even after 6 years!!

ii) Para 4(2) (d):Time limit to be indicated in Complaint Redressal Mechanism should not be left to Public Authority and it should be 15 days in all cases. Provision here should be made for On-line recording of complaint in their Web Site with Status Position etc.

Para 5 (1): Please, lay down the time schedule by which H.O.D. should update & notify updation.

Para 5 (4): Please, provide for sending such Charters to Registered NGOs working in those areas for redressal of grievances of citizens.

10.    Chapter IV-Para 6 (2): Please, add here that no extra charges, other than laid down for goods & services will be recovered from citizens for delivery etc as a result of disposal of complaint/appeals. Information & Facilitation Centres will have Telephones & Mobile phones with Recording Machines and  E/Mail machinery will have automatic acknowledge device etc (Suggestion no. 6 of  letter dt 20-10-09 (PRSEC/E/2009/09181).

11.  Chapter V-Para 7 (1): Please, add ``with one Coordinating GRO in all Public Authorities, where there are more than one GRO.``

Para 2(a): Please, add Pin Code after address and mobile no. after telephone no. All details in this para will be indicated in all communications to citizens.

Para 7 (2) (b): Please, add as in 2(a) above.

Para 7 (3): Please, add as in para 7 (1).

Para 9 (1): In (a), 15 days are provided and in (b), one month is provided. Please, clarify the intention.

12.  Chapter VI-Para 11(2): Any format for Appeal and Action Taken Report or simple letter- this may be specified. Details as per sec 7 is deemed to be Appeal as per para 11 (1) and this also is not clear and requires to be specified.

13.  Chapter VII-Para 13 (a): Hearing may not be necessary in all cases. Powers may be given to give Speaking Orders on the basis of all records/documents produced in cases, where Commission is satisfied about Citizens` demand/complaint/Appeal.

Para 18 (2): Please, add ``and follow the Rules framed by DOPT for functioning of all Public Authorities`` (This is necessary as SIC/CIC under RTI Act, 2005 do not follow any rules or procedure!!).

Para 22 (2) This is a good provision to send Decision within 15 days (provide for penalty for not sending within 15 days) but there does not appear any provision for State/Central Public Grievance Commissions to decide Appeals from date of receipt! (Such provision is a must, as non-provision for this in RTI Act, 2005 has made RTI Act ineffective and thousands of IInd Appeals are pending with each I.C. No penalty is imposed by ICs to CPIO for not giving information within 30 days & most of the AAs do not take disciplinary action even when CPIO do not carry out their orders to give information, as provided in Act, 2005. In view of this, it is necessary to provide some penalty for not carrying out provisions of this Bill, 2011.)

Para 24: Please, add `` and will be governed by Rules & Procedures laid by DOPT for all Public Authorities.``

Para 25 (1): Time Frame does not appear to have been specified.

Para 25 (2): Does designated officer include H.O.D.?

14.  Chapter VIII: Para 29: This is a very good provision.

Para 35 (2) and Para 41: Please, add ``as per Procedure & Rules laid down by DOPT for all P.A.``

Para 38 (4) and 42 (1):  Time limit for taking Decision does not appear to have been prescribed.

15.  Chapter IX-Para 45 (1): Some powers for punishment may be given to GRO also for effective working. Make provision for recording all punishments in Service Records of the defaulters.

Para 45 (2): Please, add that Disciplinary Authority will be directed by Decision Making Authority viz GRO, HOD & Commissions to initiate Disciplinary Action and this will be binding to Disciplinary Authority.

16.  Chapter X-Para 46 (2): This is a good provision. Please, provide penalty for not doing this!

17.  Chapter XI-Para 48: Very good provision.

Para 51 (2): Please, specify for various important matters.

Para 53 (1): Restriction does not appear correct. Central Government should have powers to remove difficulties at all times!

Thanking you,

Yours Sincerely,

(M.V.Ruparelia).

Video on Solidarity Day-Maharashtra.

Senior Citizen Blasts Government of Maharashtra for their Apathy towards Elderly

Posted by Sailesh

78yrs young RTI & Senior Citizen Activist Mr.Manshuklal.V.Ruparelia talks about the problems of Senior Citizens and the State Government Neglect and lack of Political Will for the Policy and Welfare of Senior Citizens. This One Man Mission Pledges to Fight till Last Breath to bring Justice and Dignity to Senior Citizens in India and State of Maharashtra. We Salute his Commitment and Energy for the Cause. Senior Citizen's National Solidarity Day: 16th August, 2011. This is Silver Inning Foundation presentation. www.silverinnings.com .

Watch this Video here, just spare 6 minutes: Embedded media -- click here to see it.


We also request you to share this video among your members and friends.
 

State of Maharashtra- Solidarity Day by Senior Citizens on 16-8-11.

Website: http://scnsd.posterous.com/ Email: mvrup@yahoo.co.in  M.09821732855.

M.V.Ruparelia, A 503 Rashmi Utsav, Near Jangid Estate & Vijay Park, Mira Road (East), Dist. Thane-Maharashtra-401107.

MEMRANDUM TO OUR

BELOVED CHIEF MINISTER Honorable Shri Prithviraj Chavan

BY THE SENIOR CITIZENS OF MAHARASHTRA.

Date: 14^th August 2011.

To,

Honorable Shri Prithviraj Chavan

Chief Minister of Maharashtra

Mantralaya

Mumbai: 400032.

Sub:  Memorandum for Senior Citizens Issues.

Ref: (i)Senior Citizens National Solidarity Day: 16^th August 2011

        (ii) My letter & E/Mail dt 14-6-11 for World Elder Abuse Awareness Day to you by name not yet replied.                

Respected Sir,

We are submitting this Memorandum on behalf of 100 Lakh (1 crore )Senior Citizens (60+) in Maharashtra State, about 66% of whom are poor, 90% are without any social or health security and over 20% are lonely, surviving under threat of criminal attacks.  Even after 50 years of formation of the State of Maharashtra, very little has been done by the Government to improve the quality of life of its Senior Citizens, who during their young and adult age have played an important role in development of the State and the Country.  While appreciating the good work like implementation of Indira Gandhi National Old Age Pension Scheme (Shravan Bal Yojana) and fare concession to 65+ Senior Citizens in State Transport Bus Fare, Maintenance and Welfare of Parents and Senior Citizens Act 2010, we would like to say that a lot remains to be done by this progressive State of Maharashtra.

You will agree with the fact that elders have waited for years on end to get attention from our rulers but all that we have received is indifference towards our issues. While we are keen to play our role in the development of our Country and the activities for the welfare of community, we also demand that our concerns must be addressed.

Last year on 16^th August 2010 we (JAC) organized all India ‘Senior citizens National PROTEST Day’ and in every District and Taluka of Maharashtra, Joint Action Committee (JAC) of Senior Citizens was formed by 23 Organizations/ Federations, Associations, NGOs working for Senior Citizens to protest against continuous neglect and ignorance by the central & state government.  In Mumbai, around 2000 Senior Citizens assembled at Azad Maidan at 2 pm on 16^th August to raise their concern with government authority. The delegation met state minister for Social Justice, the Hon. Minister Shri Sachin Ahir and submitted the memorandum and he gave patient hearing and appreciated our effort as united forum for Elder Right. On this occasion the Hon. Minister accepted most of our demands in principle including the formation of Senior Citizens Commissionerate. In this meeting, he asked Shri J.N. Rathod, the  then Dy. Secretary to call an urgent meet and discuss various issues including implementation of NPOP and Maintenance & Welfare of Parents & Senior Citizens Act.

Further the delegation of JAC was also called for meeting with Governor of Maharashtra Shri K. Sankaranarayanan at Raj Bhavan, Mumbai on 7^th Sep 2010. The Governor assured the delegation that he would take up the issues raised by the delegation with the Chief Minister.

On  request by Governor on 17^th Sep 2010 Shri Satish M. Gavai, the then Principal Secretary ,Social Justice, Special Assistance, Government of Maharashtra called the meeting of Joint Action Committee and promised to get approved the draft NPOP by the cabinet and implement the Maintenance and Welfare of Parents and Senior Citizens Act immediately.

Since then, though we had couple of meetings with Social Justice Ministry, nothing concrete action has emerged except formation of Tribunals for Maintenance and Welfare of Parents and Senior Citizens Act, 2010 and promice to declare State Policy for Senior Citizens/Older Person before 15-8-11.

Please note that in state budget 2011 -12, Maharashtra Government has once again shown its apathy towards its 100 lakh Senior Citizens. The state government has been continuously neglecting and ignoring its Senior Citizens. We strongly condemn the step motherly treatment towards Senior Citizens by Government of Maharashtra.

This year too on 16^th August, 11, we have National and State Senior Citizens National Solidarity Day to once again highlight our issues and to demand concrete action from State government. We request the Government to consider the following pending demands urgently and concede to them.

1. Declaration of State Policy on Senior Citizens -

Senior Citizens Organisations had jointly presented the Draft of State Policy on Senior Citizens (Older Persons) in 2002 but the State Govt. in 2004 declared a 1 ½  page State Policy, which too remains mostly unimplemented.  We again met at Yashada and resubmitted the Draft to the then CM in 2009 but no action appears to have been taken to declare the State Policy. The Union Govt., declared the National Policy on Older Persons in 1999 and it is unfortunate that even after 12 years, the Maharashtra State does not find time to declare its State Policy. We have been given assurance by Socail Justice ministry in few meetings since last 16^th August 2010 that the Policy will be declared before 15^th August 2011. Please declare it immediately.

2. Formation of State Council of Senior Citizens and Commission -

For effective promotion and coordination of the concerns of Senior Citizens, the Government should form a State Council of Senior Citizens under the Chairmanship of the Minister of Social Justice with representatives from concerned Govt.  Departments and representatives of prominent Senior Citizens Federation, Organizations, NGOs working for Senior Citizens (list of some of them is shown in margin of first page), Social Science Institutions and Media, as members. A State Commission/ commissionerate for Senior Citizens should be established for implementation of the State Policy all over the State and also implementation of Acts like Maintenance and Welfare of Parents and Senior Citizens Act and other Policy and Acts concerning the Senior Citizens. This was agreed by Hon. Minister Shri Sachin Ahir in one of the meetings.

3.   Implementation of Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

We are thankful to the Government of Maharashtra that they have adopted the Act, framed the Rules and notified it in on 2010. The Act needs to be fully operational all over the State immediately.  We, therefore, request the Government to give publicity to the Act, to create awareness about the Act, particularly in rural areas.  As provided in this Act, work to establish an Old Age Home in each District should also be started immediately. 

4.   Establishment of Multi-Service Day Care Centers.

There are 23 Municipal Corporations out of which only 2 (Pimpri–Chinchwad and Navi Mumbai) have started good numbers of Day Care Centers for Senior Citizens. To remove loneliness, to utilize their spare time for useful social activities and for improvement in physical and mental health, Senior Citizens need Multi-Service Day Care Centers in all Cities, towns, and large villages. The Govt. should make provisions so that all Municipal Corporations, Municipalities and Panchayats provide Day Care Centers in all parts of the State. We also demand to make provision to start Dementia Day Care Centers in big cities and at District and Taluka level. 

5.   Senior Citizens Cell in Municipal Corporations -

For effective implementation of State and Central Govt. Senior Citizens Schemes and also to address specific issues and concerns of our Elders, we Demand that all Municipal Corporations should have a Special Cell for Senior Citizens as is provided in Navi Mumbai.  All Municipal Bus Services should also provide concession in fare for Senior Citizens.  Navi Mumbai Municipal Transport provides 75% concession to Seniors.                                                                                                                                

  

Helplines like AASRA of Hyderabad Municipal Corporation should be started by all Municipal Corporations to protect the Senior Citizens from anti-social elements and their own family members. 

6.   Representation on Anudan Samities –

The State Govt. has Schemes like Shravan Bal Yojana, Sanjay Gandhi Niradhar Anudan Yojana, Indira Gandhi Niradhar Bhoomiheen, Vidhawa Mahila Anudan Yojana, etc. for giving pension to poor Senior Citizens.  But in many places, the needy Citizens do not get the pension. We request that representative of Senior Citizens Organizations and NGOs should be included in these Anudan Samitees as an unofficial member. 

7.   Health Insurance For Middle Class Senior Citizens -

Health Care is very vital necessity of all Senior Citizens but Health Care costs are so high that they cannot afford to have Health Insurance.  We request that Rashtriya Swasthya Vima Yojana of the State should be modified to cover the middle class Senior Citizens with the BPL families and give them Health Insurance cover.  The APL (Above Poverty Line) Senior Citizens would be able to pay moderate premium for such Insurance Cover. We also request the number of family members should not be restricted to 5 (five). Honorable Minister of State Shri Sachin Ahir had promised us of State-level Health Insurance Scheme for Senior Citizens (Rajiv Gandhi Jeevandayi Yojana). 

8.   Give Benefits to 60+ Seniors (Not 65+) .

Central Government in Budget 2011-12 has accepted Senior Citizen as 60+ for BPL Pension & Exemption of Income Tax also.  We request that the State should give financial benefits to all 60+ Senior Citizens in Shravan Bal Yojana, ST bus fare concession, etc.  The bus concession should be extended to all including Volvo Buses. 

      9.   Improvement in Vriddhashrams and help for Residents.

The condition of most of the Old Age Homes in the State is far from satisfactory. The Govt. should appoint a Regulatory Authority for implementing and monitoring minimum norms/standards of service in all Vriddhashrams with representation for Senior Citizens Associations / NGOs in District Committees. We also demand adequate funds to be given to run destitute old age homes. Voting right, old age pension and UID should be given to the Residents of Old Age Homes. 

10. Old age Pension -

The Govt. of India has announced to pay Rs.500/- p.m. to 80+ BPL Senior Citizens.  The State Govt. should contribute Rs.500/- to pay Rs.1,000/- to him.  Under Shravan Bal yojana also the total pension amount should be raised to Rs.1,000/- p.m. for BPL poor. 

      11. Health Programme for Elderly.

District and Municipal Hospitals should have a special Geriatric Ward with latest facilities and all PHCs should provide special attention to Elderly. PHC standard to be improved with regular supply of drugs and medical professionals on lines suggested by WHO.  We also demand fast implementation of National Programme for the Healthcare of the Elderly (NPHCE) started in February 2011 by Govt. of India.  All Universities in the State should start Post-Graduate Diploma/Degree Courses in Geriatrics.  Undergraduate medical and nursing courses should include essential training in Geriatrics. 

12. Declaration of Comprehensive Policy on Dementia and Alzheimer's.

Dementia/Alzheimer’s are non-curable brain diseases affecting Senior Citizens with memory loss and behavior problems. As per ‘National Dementia Report 2010' submitted to Government of India, it is estimated that 3% of Senior Citizens suffer from some form of Dementia in State of Maharashtra and there will be around 100% increase in number of people with Dementia by 2026. So there is urgent need to form a Task Force of Eminent Psychiatrist, Neurologist, Gerontologist, Geriatricians, other medical professionals and representatives from Senior Citizens Organization and ARDSI –National organization working for Dementia. We promise government to extend all our cooperation for addressing this urgent Health issue of our Senior Citizens before it’s too late. 

13. Kindly get 12 points, as brought out in my letter dt 12-6-11 addressed to you by name attended to very early.                                                                                                                       

                                                                                                                                                   

We wish to point out that senior citizens comprise of around 10% of the total population and around 13% of the electorate and if you consider those who actually go for voting, we are 22% of effective electorate. You would agree that no Government can continue to ignore us for decades, at a stretch. 

Sir, we seek your support for the basic rights of Senior Citizens of the Sate and we hope the Government of Maharashtra will take due note of these demands and help Senior Citizens to have a happy evening of their life.  

Your positive and proactive approach will help the Elderly in the State to live in peace, security and dignity. We request you to give reply to this Memorandum very early in terms of para 66 of Office Manual, extract reproduced below.

Yours sincerely,

(M.V.Ruparelia)

Extracts of para 66 of the Manual of Office Procedure.

66. Prompt response to letters received-

(1) Each communication received from the Member of Parliament, a member of public, a recognized Association  or a Public Body will be acknowledged within 15 days, followed by a reply within 15 days of acknowledge sent.

(2) Where (i) delay is anticipated in sending final reply or (ii) information has to be obtained from another Ministry or another office, an interim reply will be sent within a month (from date of receipt) indicating the possible date by which a final reply can be given.

3) If any such communication is wrongly addressed to a department, it will be transferred promptly (within a week) to appropriate department under intimation to the party concerned.

(4) Where the request of a member of Public can not be acceded to for any reason, reasons for not acceding to such a request should be given.

(5) As far as possible, requests from members of Public, should be looked at from the user’s point of view and not solely from the point of view of what may be administratively convenient.