M.V.Ruparelia, Chief Patron, All India Confederation of Senior Citizens (AISCCON).
A503 Rashmi Utsav, Near Jangid Estate & Vijay Park, Mira Road (East),
Dist. Thane. 401 107. Mobile No.09821732855. E/Mail: mvrup@yahoo.co.in
To Date: 15-12-13.
Shri V. Narayanasamy, Hon Minister of State, Ministry of Personnel, P.G. & Pension,
North Block, New Delhi.110001.
Sub: Guide Lines for Suo Motu Disclosure under Section 4 of RTI Act, 2005- Some suggestions.
Ref: DOPT`s Memorandum no. 1/6/2011-IR dt 15-4-13 and Secretary, DOPT`s D.O. Letter of same no. dt 21-11-13.
1. We are very much thankful to DOPT for issuing elaborate instructions for Suo Motu Disclosure under Sec 4 of RTI Act, 2005 for more items. If these instructions are implemented by each Public Authority (PA), number of individual RTI Applications will be reduced to negligible number and work in all Public Authorities, SICs & CIC will get reduced considerably.
2. According to para 4 of your Memorandum dt 15-4-13, all Public Authorities are required to make these instructions fully operationalized within a period of 6 months from 15-4-13. For this, you had authorized all Public Authorities to engage Consultants or even outsource such work to expeditiously comply with these guidelines. It is observed by us and as may be observed by you from Action Taken Reports received in terms of para 4.3 of these instructions from various Public Authorities that majority of Public Authorities at Central, State & UTs have not followed these clear instructions for the following important issues.
a) Para 3.3.1:- Guidelines for Procedure followed in decision making processes, including channels of supervision & ACCOUNTABILITY: As per this para, each Ministry and each Public Authority have to disclose suo motu under Sec 4 of RTI Act, 2005 all schemes and development programmes, which they are required to implement directly or through others as per Allocation of Business Rules (AOB), specific operations required to implement them linking to specific decision-making chain etc within 6 months of the issue of these directives.
b) e.g. According to AOB, Ministry of Social Justice is allotted the work of welfare of senior citizens as a Nodal Ministry with clear indication in the Note that: `` The Department of Social Justice and Empowerment shall be the nodal Department for the overall policy, planning and coordination of programmes for the development of the groups mentioned at (i) to (iv) above, and the welfare of the group at (v) above. However, overall management and monitoring etc. of the sectoral programmes in respect of these groups shall be the responsibility of the concerned Central Ministries, State Governments and Union territory Administrations. Each Central Ministry or Department shall discharge nodal responsibility concerning its sector.``
c) Para 3.4.3: In Para 93 of the National Policy of Older Persons (NPOP), 99, norms have been specified for each Ministry to implement the aspects concerning them by preparing Five Year and Annual Action Plan with targets. It has been provided in NPOP`s Mandate and Policy Statement & other paras for all Government Departments 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. CIC had also ruled as under in earlier case no. 2701/IC/(A)/2008-CIC/MA/A/2008/00645 ON 27-6-08 (on CIC Web Site):-
``The Respondents has adopted a National Policy 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 Older Persons and the Society.``
3. Inspite of these directives, no central/state/UT ministries have so far even after 9 months of your instructions shown in their SUO MOTU Disclosures any of the provisions for Senior Citizens pertaining to them for which they are required to take action with targets. They are required to show all provisions of NPOP, 99 (Revised Policy,2013/2014/2015, whenever notified) pertaining to them; Integrated Programmes for Older Persons (IPOP) for Ministries of Panchayati Raj & Ministry of Urban Development etc at all levels; Maintenance & Welfare of Parents & Senior Citizens Act, 2007; National Programme for Health Care of Elders (NPHCE) etc.
4. If we file an individual RTI Application followed by 1st & IInd Appeals as to why these instructions are not followed so far and when these will be followed, stock reply from CPIO, AA and CIC will be that RTI does not permit giving reply to our why and when and our 3-4 years will be wasted.
5. Para 3.3.1 further lays down that all Government Offices have to follow laid down OFFICE Manual, which gives details of how representations etc from Citizens must be dealt with. Right to reply is also included in Citizens Charter. Para 3.4.3 (f) lays down the disclosure of individuals responsible for providing this reply. It can be observed from ATR Reports received in DOPT that no Public Authority has complied with these instructions, as seen by us also. Individual RTI Application followed by 2 Appeals to get the position of reply to our representations by name to Ministers also will bring stock reply from CPIO, AA & CIC as brought out above after wasting 3 years!
6. Third Party Audits, its examination by CIC, sample audit by CIC and CIC`s advices to Public Authorities, as provided in Para 4 of these instructions may not bring desirable results. As DOPT as well as Citizens desire early and proper implementation of these very important directives of DOPT, it is suggested that for this important requirement of SUO MOTU DISCLOSURES, citizens may be given facility of Suo Motu representations to SIC/CIC giving details of issues not disclosed by particular Public Authority and SIC/CIC after giving opportunity to Nodal Officer (Para 5 of instructions) of that Public Authority give target by which this disclosure must be notified. Decisions of SIC/CIC being statutory orders, all Public Authorities will act on those orders. This will go a long way to implement these important instructions.
7. Para 1.6 of instructions direct Public Authority to disclose Citizens Charter. This charter of all Public Authorities should indicate all facilities/concessions/replies to representations etc to be given by them to Senior Citizens in users` perspective separately and vividly.
8. As most of the Ministries are having large number of departments, Suo Motu Disclosures under Sec 4 should be separate for each department for easy access to Citizens.
We shall be grateful, if these suggestions are got examined and remedial action taken, giving reply to us in terms of Para 66-67 of Office Manual.
Thanking you,
Yours Sincerely,
(M.V.Ruparelia)
M. 9821732855
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