Indifferent Attitude & Highhandedness of Government of Maharashtra towards Elders of Maharashtra

To                                                          Mumbai. Date 18-8-14.

The Registrar General,

Bombay High Court, Fort, Mumbai-400032.

Respected Hon Chief Justice Of Maharashtra,

Sub: Indifferent Attitude & Highhandedness of Government of Maharashtra towards Elders of Maharashtra.

Ref: Your letter no. Y.5301 (iii/13)1582/2013 dt 31-12-13 and Reminder I no. Y5301 (i/14)360/2014 dt 25-3-14 to the Secretary, Ministry of Social Justice & Special Assistance Department, Government of Maharashtra and copy to me.

1. We are thankful for your above directives to State Government but regret to inform that no reply is received so far even after 10 months of our representation dt 17-10-13 to  Chief Minister of Maharashtra, followed by reminders and representations of  our Joint Action Committee of 37 Organizations of Senior Citizens of Maharashtra under their letter no. 121-127/14 dt 7-10-13, 8-6-14 and 28-6-14 to rectify this anamoly of definition of Senior Citizen and to take action on various provisions of the State Policy declared on 30-9-13 and to give them opportunity to discuss various matters. Neither any reply is being given nor is meeting being fixed for discussion.

2. The condition of 1.39 crore (60+ as per latest voters list of Maharashtra published on 31-7-14) Elders of Maharashtra is perhaps the worst in the entire country in this Most Rich & Advanced State. Maharashtra Government adopted National Policy of Older Persons, 99 (NPOP, 99) after 15 years on 30-9-13, after continuous chasing by our associations and individuals, which was depriving 1.39 crores of Elders of various facilities and concessions provided in Policy, 99. Worst thing the State did was to declare citizens of 65+ as Senior Citizens in Maharashtra against 60+ in the entire Country, depriving 35% of 1.39 crore Senior Citizens of Maharashtra from various concessions & facilities, they were getting till 30-9-13 as reported by Times of India in their Newspaper dt 1-10-13  without giving them opportunity to represent or heard.
3. National Policy, 99 considers 60+ as senior citizens. THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007-No. 56 OF 2007-[29th December, 2007] in Chapter 1-   2 - Definitions defines senior citizen as under statutorily for the entire Country:

H: "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above.

Standing Committee on Social Justice(2013-14) (15^th Lok Sabha) in para 23 of their 39^th Report have laid stress on this aspect and have desired that all Authorities must adopt uniform criteria for the definition of senior citizens and give due concessions/facilities as per definition.

4. Even after adopting some provisions of National Policy, 99 on 30-9-13, no action is being taken to implement any of the accepted and notified provisions, even after 11 months!! Under our letter dt 22-6-14 to Shri G G Alhatji, Up-Sachiv (Coordination), Ministry of Social Justice  & Vishesh Sahaya, Government of Maharashtra, Mantralaya, Mumbai-400032 (Copy enclosed), we suggested to issue instructions for various provisions, where no funds are required but only outside stake holders have to be told to take actions as per State Policy. No action is being taken.

5. Apart from non-implementation of the declared Policy, even representations for various important matters to this Ministry for information or action are just not replied. We must have sent about 100 representations/suggestions and copies of facilities etc given by other States for similar action through Registered letters, Ordinary letters and E/Mails but none are replied. We brought this to the notice of Chief Minister under our letter dt 26-5-14 giving a list of only 15 important representations not replied by Ministry of Social Justice and Vishesh Sahaya stating that as per Chapter 3, Rule 10 of Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act (Act 21 of 2006), no file can remain pending with a Government servant for more than 7 working days (about ten days) and the final decision on any file should be taken in less than 90 days but in these cases no reply is being given even after this statutory limit.

6. THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 was adopted by Maharashtra State on 23-6-10 and notified in Extra Ordinary Gazeette no. 86. According to Sec 21 of these Rules, 2010, the State was to establish State Council of Senior Citizens to advise the State on effective implementation of the Act etc.Similar Council was necessary asper National Policy, 99. Even after 4 years of laying down the formation of such Council statutorily and District Committees of Senior Citizens and Volunteers` Committees of Senior Citizens at each Police Station (Sec 20), no action is taken to form any Negotiating achinery for Senior Citizens and requests for Meetings by our Organizations are denied.

7. Senior Citizens and their Associations of Maharashtra are not able to get anything done by this Ministry, inspite of repeated ``Protect Day`` and demonstrations in Azad Maidan for last several years. They do not know to whom to approach. In Federal Democracy, representations to President, Prime Minister, Governors and Chief Ministers are just forwarded and forgotten. Associations do not have finance or willingness to enter in to legal fights with Authorities due to fear of being blacklisted etc. I or many of other social workers or office bearers do not need any concessions/facilities but want to help needy senior citizens. Overcrowded suburban trains discourage them to come to High Court etc. At 81, I am not mobile due to incurable IPF etc and to come to High Court with PIL etc from Mira Road! We, therefor come to you through this letter for helping 1.39 crore Elders of Maharashtra.

Thanking you,

Yours Sincerely,

(M.V.Ruparelia) 

Budget Allotment for 2014-15 & Action on letter to Finance Minister for giving relief to Sr Citizens on medical expenses.

Application For Information Under The Right To Information Act, 2005.

                         (Senior Citizen Priority Case)

To

The Central Public Information Officer & Director, RTI Cell, Department of Revenue, Ministry of Finance, North Block, New Delhi-110001. 

1) Name of the Applicant:             M.V.Ruparelia.( Age 81). D O B: 1-3-34.

2) Address: A 503 Rashmi Utsav, Near Jangid Estate & Vijay Park, Mira Road (E). District Thane, Maharashtra. 401 107.  M.09821732855. E/Mail: mvrup@yahoo.co.in                                   3) Particulars of Information:  Information in respect Of number of senior citizens paying Income Tax etc and Budget Allotment for FY 2014-15 for various items of Welfare of Senior Citizens.

Kindly give the following information, keeping in view the spirit of Section 4 (1)-c & d and 6(3) of Right To Information Act, 2005.

i)                Total number of all Tax Payers of Income Tax in India during FY 2012-13 and 2013-14 from various Sources of Income separately like i) Salaries; ii) Pension; iii) House Property; iv) Other Sources like Interest etc; v) Business etc. in the following age-groups with tax amount in each category:

a)     Number of tax payers in age-group in each category like salaries etc:

b)     Amount of Tax.

i)                Below 60

ii)              60 + up to 70

iii)            70+ up to 80

iv)             80+ up to 90

v            90 and above.

ii)              Number of tax payers in each category in above age groups for 2 years given deductions under following sections with amount allowed:

i)                80 D     Medical Insurance etc

ii)              80 DD   Maintenance & medical treatment

iii)            80 DDB Medical Treatment

iv)              80 GG  Rents paid

                  v)          80 U    Personal Disability

iii) When our letter dt 22-6-14 to Shri Arun Jaitely, Hon Finance Minister (copy enclosed) was received and what action was taken thereon and whether it was put up to Hon Minister with all notings may please be sent, giving reply in terms of para 66 of Office Manual.

Iv) Budget Allotments for FY 2014-15 for various items of Welfare of Senior Citizens.

4) Reply may be given by E/Mail on mvrup@yahoo.co.in or Post.

5) Fee of Rs 10 is paid in Mira Road Post Office.

                                                                                                              (M.V.Ruparelia)

Mira Road   11-8-14                                                                     Signature of the Applicant

Outcome of National Conference held on 6th & 7th November, 12.

M.V.Ruparelia, Chief Patron, All India Senior Citizens Confederation (AISCCON).

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

To     Shri K L Das, Dy Registrar,                                       Date: 14-8-14.

The Central Information Commission (Right To Information Act, 2005),

Government of India, IInd Floor, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110 066.

Sub: Hearing on 4-9-14 of IInd Appeal no. CIC/SS/A/2013/0002179/KY dt 25-9-13.Application dt 21-11-12. Your Dy no. 149537dt 12-7-13.Ref: Your letter dt 1-8-14 received on 13-8-14.

We are thankful to you for fixing the date of Hearing on 4-9-14 at 12 hrs. I am 81 and will not be able to come to Delhi. I shall be obliged, if I am given the opportunity to be heard on telephone on Mobile no. 09821732855 or landline 022- 28123691. Other ICs & CIC are permitting this and mention in Notice Of Hearing. If this is not possible, kindly decide the case on the basis of detailed position brought out in my IInd Appeal dt. 3-7-13 and this Rejoinder in terms of Gazette Notification for Central Information Commission (Appeal Procedure) Rules, 2005, revised on 31-7-12 and Guidelines issued by DOPT under their Memorandum no. 1/4/2009-IR dt 5-10-09.Simple information requested in Application dt 21-11-12 is not given even after 21 months inspite of reminders to AA on 27-2-13; 18-6-13 & 11-7-13, as will be seen from the following:-Item i)  A copy of complete notings leading to decision of holding of this very useful National conference held at Delhi on 6-7 Nov,12 and decisions about inviting all stake holders, NGOs, Experts & Activists working in the field of Senior Citizens etc was requested. Only one page (page 7) is sent, which does not give requested information. Complete notings and letters issued inviting all may please be given.

Item ii). As per this notification, it was held for sensitizing all Stake Holders on ageing issues; review various interventions of Central Government; State Governments/UT Administrations; NGOs & Civil Society with a focus on Best Practices & to prepare a Plan of Action for more effective implementation of various programmes for welfare of Senior Citizens. Copy of Recommendations made by Thematic Groups is sent but notings indicating decisions by Nodal Ministry on these recommendations and what Action Plan indicating who has to take what action, when etc is not given. Simply, circulating such recommendations to various Stake Holders (and not disseminating to Grass Route Associations of Senior Citizens) will serve no purpose. It may please be confirmed that no other recommendations/suggestions were made in the Conference except on 4 Topics for more effective implementation of various programmes for welfare of Senior Citizens, as requested.

Item iii).  Details of Review carried out of NPOP, 99 & Maintenance Act, 2007 is not given.

Item iv. Details of how and who formed Special Technical Groups and decisions taken on 4 selected themes may kindly be given, sending further notings on results of Conference.

Item v. In reply to information requested about date on which my letters dt 11-7-12, 5-10-12 and 17-10-12 to Shri Anil Goswami, Secretary (W) and copy to CPIO & Joint Secretary by E/Mail were received and what action was taken thereon, giving copy of notings for these 3 letters, it has been stated by CPIO that these letters are not received in Ageing Section!! This is an incorrect statement. All these letters were endorsed to CPIO through E/Mails from time to time. Moreover, as a CPIO of the Nodal Ministry, CPIO has to contact the Secretary (W) & his Section for disposal of these letters sent by Speed Post and E/Mail also with notings etc and get certificate from Post Office that these were not delivered, though shown as delivered in their web site showing delivery of Speed Post. He has to see his E/Mail registration section and find out what happened to E/Mail sent to CPIO on those dates. He has also to inquire about copy sent to AA by E/Mail. Procedure followed for dealing with E/Mails in Nodal Ministry may kindly be advised, sending the requested information about these 3 very important references to Secretary (W) and give replies to those letters with notings. Even these 3 letters were recorded in www.pgportal.gov.in on those dates.

Background: As 12 crore Elders of the Country are not provided any Negotiating Machinery in this Most Democratic Country of the World nor there is any laid down Machinery to inform grass route level Elders about any action taken by any Government Ministries/Departments for welfare of Elders, we had requested the President of India through our Representation dt 10-8-12 to hold a Conference- a Get-To-Gether of Elders, as Elders of the Country are repeatedly ignored by Central, State & Local Bodies, the Stake Holders of NPOP, 99 for 15 years. This representation was sent by President to Nodal Ministry, which held 2-day conference in Nov, 12 by inviting Stake Holders and eminent Elders of the Country and with a focus on Best Practices in the World & to prepare a Plan of Action for more effective implementation of various programmes for welfare of Senior Citizens, took very far reaching decisions by forming 4 Thematic Groups on 4 very important topics for the first time in history of functioning of Nodal Ministry and sent minutes of 25 pages to us in reply to our RTI Application. As no instructions are issued on any of the decisions in this Conference of Stake Holders to the implementing stake holders nor any follow-up action is taken on any decisions taken by the concerned attending stake holders, no useful purpose is served. Our repeated representations to AA to take action has not brought any results, though Decision No. 2701/IC(A)/2008 on 27-6-08 from Chief Information Commissioner, Delhi on implementation of NPOP, 99 reads as under:- ``The Respondents has adopted a National Policy on Older Persons, which has not been effectively implemented. The Senior Citizens are, therefore, deprived of the benefits assured to them. The Respondent is, therefore, directed to clearly outline the Plan of Action and indicate its outcome for the larger benefits of the Society.`` 

We shall be thankful, if appropriate directives to Nodal Ministry to indicate the Plan of Action on decisions taken in the Conference in this case are issued.

Thanking You,

        

Yours Sincerely,

(M.V.Ruparelia)

Copy forwarded to Smt Ghazala Meenani, The Appellate Authority and Joint Secretary (Social Defence), A Wing,   Ministry of Social Justice & Empowerment, Ageing Section, Shastri Bhawan, Government of India, New Delhi-110 001.

Copy forwarded to Shri Surendra Rawat, Chief Public Information Officer and Dy Secretary, Ministry of S.J.& E., Shastri Bhawan, New Delhi-110001.  

National Commission for Senior Citizens Bill.

HAPPY 68 TH INDEPENDENCE DAY.

M.V.Ruparelia, Chief Patron, All India Senior Citizens Confederation (AISCCON),

A503 Rashmi Utsav, Near Jangid Estate & Vijay Park, Mira Road (E). District Thane, Maharashtra. 401 107.   M.09821732855. E/Mail: mvrup@yahoo.co.in

To                                              Date: 15-8-14.

Shri Surendra Rawat, Dy Secretary, Ministry of Social Justice & Empowerment,

 Government of India, Shastri Bhavan, New Delhi-110 001.

Dear Sir,

Sub: National Commission for Senior Citizens Bill.

Ref: Your letter no. 15-40(4)/2014-15/AG.II dt 12-8-14 to perhaps 18 members of Committee for this purpose.

12 crore Elders of the Country are very much thankful to you and Nodal Ministry for initiating the provision of National Commission for Senior Citizens, as already provided long ago to various sections of the Society like women, children, SC/ST, Minorities etc and enacted from 1990 onwards. Draft prepared by you is in conformity with such enactments and can be processed quickly instead of waiting for onset of year 2015! Though not asked, I give my observations, as under for examination and needful.

1. Providing National Commission for Senior Citizens of India is a right step, looking to the indifference of the Public Authorities in implementing the Policies declared on the basis of Constitution, Laws and international commitments. 12 crore Senior Citizens have suffered heavily due to non-provision of such Legal Entity for all these years, though various sections of the Society like women, children, minorities, SC/ST, disabled etc are already having such Commissions since long 20-24 years. Even now, the Nodal Ministry appears to initiate enactment of such Commission in 2015 instead of during current year and after long drawn out process of getting passed in both Parliaments etc, it will have effect on some further distant date to be notified!! We request/insist on starting the process of enactment right now for ever increasing suffering Elders and should not make them to wait for further long time!

2. Scope of the Commission should be increased to violations of declared Policies of the Government and not limited to violation of the provisions of the Constitution and other laws, as there is only one law of Maintenance Act only and all others like NPOP, IPOP & NPHCE etc are only Policies having no legal enforcement, though notified with approval of the Cabinet!! The scope of Commission should be limited to ``Watch Dog`` for violations of the provisions of the Constitution, other laws and declared Policies & guidelines relating to Senior Citizens and for recommendations for the effective implementation of those safeguards for improving the conditions of Senior Citizens by the Union or any State; review, from time to time, the existing provisions of the Constitution, other laws and Policies affecting Senior Citizens and recommend amendments thereto so as to suggest remedial legislative/civil measures to meet any lacunae, inadequacies or shortcomings in such legislations but not for Consultations on all major policy matters affecting Senior Citizens, as laid down in Sec 16. For consultations, Government must provide regular Negotiating Machinery like National Association of Older Persons (NAOP-para 96 of NPOP, 99) at national, state & district level in addition to National Council at national & state levels.

3. As Commission will function as Civil Court, it is necessary to clarify whether the Whole Commission will function as a Bench or each Member can function separately.

4. Time limit for dealing with representations/complaints from Senior Citizens should be laid down and not left to the discretion of Commission, making it ineffective like CIC/SIC etc with thousands of Appeals/Complaints pending year after year and compliance of orders not ensured.

5. The following suggestions on various sections may be examined:-

Sec 3(2) (b): Add ``provided one Member may be from `Judicial` background (as Commission has to work as Civil Court also).

Sec 3(2) (b): Add ``provided one of the 4 Members may be from eminent senior citizens.

Sec 10(1) (a): Add after Constitution & Other Laws-All Policies notified by Government.

Sec 10(1) (d): Add after Constitution & Other Laws-All Policies notified by Government. Add After legislations- All Policies notified by Government.

Sec 10(1) (e): Add after Constitution and of other laws- All Policies notified by Government.

Sec 10(1) (f): Add after matters relating to- within a reasonable time to be fixed by the Commission.

Sec10 (f) (ii): Add after non-implementation of laws enacted- and Policies notified by Government.

Sec 16: Remove this provision; otherwise all Public Authorities will make consultation with Commission of 4 members a time passing practice.

We shall be thankful, if above suggestions are examined and National Commission for Senior Citizens given to the Elders by end of this Year 2014.

Thanking you,

Yours Sincerely,

(M.V.Ruparelia)

Harassment to Senior Citizens by reducing rate of interest by State Bank Of India.

M.V.Ruparelia, Chief Patron, All India Senior Citizens Confederation (AISCCON),

A503 Rashmi Utsav,  Near Jangid Estate & Vijay Park, Mira Road (East),  Dist. Thane.401 107.

 M. 09821732855.     E/Mail: mvrup@yahoo.co.in

To                                                                                          Date: 13-8-14.

Shri T K Mohapatra, Dy Secretary & Dy Registrar, Central Information Commission, August Kranti Bhawan, 2^nd floor, , B Wing, Bhikaji Cama Place, New Delhi-110066.

Sub: CIC/VS/A/2013/001344/MP dt 23-7-14 received on 4-8-14. Ref: Dy. no. 158295/2013.

We are thankful to you for fixing the date of Hearing on 21-8-14 at 11-15 hrs. I am 81 and will not be able to come to Delhi. I shall be obliged, if I am given the opportunity to be heard on telephone on Mobile no. 09821732855 or landline 022- 28123691. Other ICs & CIC are permitting this and mention in Notice Of Hearing. If this is not possible, kindly decide the case on the basis of detailed position brought out in my IInd Appeal dt. 6-8-13 in terms of Gazette Notification for Central Information Commission (Appeal Procedure) Rules, 2005, revised on 31-7-12 and Guidelines issued by DOPT under their Memorandum no. 1/4/2009-IR dt 5-10-09.Simple information requested in Application dt 21-5-13 is not given, as will be seen from the following:-

Item i): As per the Business Standard report dated 1 February 2013, State Bank of India has reduced 0.25 points from additional interest of half a per cent paid to senior citizens on fixed deposits to reduce the cost of funds of banks. Details of this decision, sending a copy of any directives issued by Reserve Bank and/or Finance Ministry with copies of complete notings leading to cut of 0.25 points to Senior Citizens with orders of Directors and complete notings leading to cut of 0.25% are not given inspite of requesting to CPIO & AA.

Item ii) Considerations and complete notings with name and designation of competent authority, who decided to issue such instructions to withdraw 0.25 % to Senior Citizens by SBI, as Reserve Bank & Finance Ministry do not appear to have issued any instructions to reduce interest to Senior Citizens. As additional rate of interest to Senior Citizens was given by Reserve Bank, it may please be advised whether Reserve Bank was consulted before issuing such orders. It may also be advised under which rule/orders, SBI has issued such orders against the directives of Reserve Bank, making the life of 12 crore Elders of the Country to become poorer and unhappy. Reasons for reducing rates for Senior Citizens from 1-3-13 and for others from 1-4-13 are not given. Rates for Senior Citizens up to one year are reduced by ½ % and not ¼ %. Reasons for step motherly treatment are not given. All these actions are against directives of Reserve Bank and National Policy on Older Persons, 99 notified with approval of Cabinet.

Item iii) Please, give total excess interest at ½ % extra paid to Senior Citizens during 2011-12 by SBI and date from which it is reduced to 0.25% and how much is saved by SBI from that date till 30-4-13.

Item iv) You are allowing 1% more to the staff of Banks. Please, advise your considerations for continuing this.It is stated that this is as per directive of Reserve Bank. Similar directives are given by Reserve Bank for Senior Citizens and that too without any limit of 1% as for employees but higher to meet inflation by senior citizens. Reasons for such anti-elder decision by such a Public Sector big bank affecting 12 crore Elders of the Country are required to be given even as per Sec 4 (d) of RTI Act, 2005.

(8) Prayer or relief sought: To take back this reduction with back effect from 1-3-13, pay back the difference with interest and give more liberal extra rate to Elders of the Country instead of doing mockery of Elders by giving only ¼ % extra!

(9) Grounds for the prayer or relief: Provision in Naitonal Policy, 99 (Para 29) lays down that the contributors should feel assured that the payments at the end of stipulated period are attractive enough to take care of the likely erosion in purchasing power due to erosion.

(10) Any other information relevant to the appeal: Reserve Bank and Finance Ministry have given in writing that they have not issued any orders to reduce rates for Senior Citizens.

Back ground: Government of India with approval of Cabinet issued National Policy, 99 for welfare of Senior Citizens giving Mandate & Policy Statement to all Public & Private Stake Holders to take effective steps to improve the quality of life of all Elders, strengthen their legitimate place in society and help them to live their last spell of life with purpose, dignity and peace (Paras 12 to 29). Para 29 lays down that these Elder contributors should feel assured that the payments at the end of stipulated period are attractive enough to take care of the likely erosion in purchasing power due to erosion. Para 31 lays down that age related discrimination in the matter of entitlement to credit marketing and other facilities will be removed. Reserve Bank and all Public Sector Undertakings including Banks are the stake holders of this Policy and apex authority of Government to sponsor and support programmes of the Government. Reserve Bank of India vide their Master circular DBOD no. Dir.BC.1/13-03.00/2012-13 dt 2-7-12 has authorized all Banks to formulate with approval of their Board of Directors fixed Deposit Schemes for senior Citizens, offering higher and fixed rates of interest as compared to normal deposits of other citizens. State Bank of India is the biggest and most Profit Earning Bank and has a moral & Corporate Social Responsibility, having laid down obligation (para 29-31 of NPOP,99 & RBI Directives) towards senior citizens of the Country. Looking to their profits, they should give very higher rate of interest to Senior Citizens to to take care of the likely erosion in purchasing power due to ever increasing inflation.

Decision No. 2701/IC(A)/2008 on 27-6-08 from Chief Information Commissioner, Delhi also reads as under:- ``The Respondents has adopted a National Policy on Older Persons, which has not been effectively implemented. The Senior Citizens are, therefore, deprived of the benefits assured to them. The Respondent is, therefore, directed to clearly outline the Plan of Action and indicate its outcome for the larger benefits of the Society.`` 

We shall be thankful, if appropriate directives to State Bank in this case are issued.

Thanking You,

        

Yours Sincerely,

(M.V.Ruparelia)

Copy to Gita Narsimhan, General Manager, Marketing & Cross Selling, Corporate Sector, 13^th floor, State Bank of India, Madam Cama Road, Mumbai-400021.

Copy to General Manager, Reserve Bank of India, Monetary Policy Department, Central Office, 13^th floor, NCOB, Sahid Bhagatsingh Road, P.B. 406, Mumbai-400001 for necessary action to advise all Banks about various provisions of  National Policies of Government of India for welfare of Senior Citizens and for SUO MOTU disclosure in their Web Sites as per DOPT`s directive no. 1/6/2011-IR dt 15-4-13.

Copy to Shri Anna Rai, Director & A.A., Room no. 12A, 3^rd floor,  Ministry of Finance, Department of Financial Services (DA Section), Jeevan Deep Building, 10 Parliament Street, New Delhi-110001 for similar action.