Representation for simplifying procedure for classifying Senior Citizens as Below Poverty Line.

To                                                                                      Date: 1-5--11

Shri  B.K.Sinha,

Secretary,Ministry for Rural Development,

Bhikaji Cama Place, New Delhi-110066.

Respected Sir,

Sub: Representations made in the letter for Budget for 2011-12 for Indira Gandhi National Old Age Pension (IGNOAP) to Senior Citizens.

Ref: i) Your E/Mail dt 24-1-11 to Shri Sanjay  and copy to me. ii) Your Office letter no. J-16020/1/2008-NSAP (Pt) dt 31-3-11(original not received but) copy received under another letter of same  no. dt 15-4-11, received on 25-4-11.

Thank you very much for getting my letter dt 21-1-11 to Minister for Rural Development examined as per copy of notings put up to you by Vinay Kumar 0n 21-3-11 and giving me reply vide letter dt 31-3-11.

Prime Minister`s Speech dt 19-11-2007 launching Indira Gandhi National Old Age Pension Scheme clearly lays down that this scheme fulfills an important commitment of our Government towards providing a Social Security Net for all citizens above 65 living below poverty line. This was considered necessary, as establishing a ``destitute`` criterion was found problematic. Prime Minister had no where stated that one should belong to BPL Family. It was Rural Ministry, which included such condition instead of defining and deciding Poverty Line for this meager pension and States were asked to follow 13 parameters to classify a BPL Family, which procedure appears to be more problematic than finding out a destitute. These 13 parameters suggested by Expert Group may be very good for Rural Department to decide a particular programme for a particular village or even for a particular BPL Family but in no way easy or helpful to States for giving megre pension to poor senior citizens. Moreover, no guidelines are available for Urban Poor Senior Citizens and as explained in my letter to Minister, this has resulted in a situation like only 17 families are classified as BPL in Urban Area of Mira-Bhayander having more than 15 lakh population! There is a need of simplifying the existing procedure for payment of megre pension to our poor elders to avoid corruption and less harassment to this weaker section. Rural Ministry may have got reports from all Units about actual census done by them on the basis of Guidelines for BPL Census, 2002 and may also have modified these instructions for next 2 Plan Periods for which no information is given. As funds are given directly by Planning/Finance Ministries to States and Urban Ministry tells in writing that this subject of IGNOAP is not their concern but of Rural Ministry, we request you to examine and simplify the whole issue of paying megre amount to poor elders by deciding monetary Poverty Line and continue the classification of BPL Family, as necessary for your other Programmes. Just as NMBS was transferred to Department of Family Welfare w.e.f.

1-4-2001, this work may also be transferred to Ministry of S.J. & E. instead of simply monitoring and administering this important Social Security Programme of Poor Senior Citizens without reference to the needs of poor elders and without taking action for 12 years on relevant provisions (para 25) of NPOP, 99 for which action has to be taken by each Ministry (para 93).

As regards increasing the amount of pension to poor elders, points raised in para 8 of my letter dt 21-1-11 and earlier representations, no examination is done in the notings under reference. It was promised in your office letter no. J-16020/1/2008-NSAP (Pt) dt 27-4-10 in reply to my letter dt 27-5-09 to Minister of Finance that this requires inter-ministerial consultation and will be considered at appropriate time. As 2 years have passed even to this promise, this may be kindly got examined in detail and Cabinet`s approval, as necessary, may be obtained earlier, as non-fulfillment of the expectations of poor elders of the Country may be treated as their abuse.

!5-6-2011 is the World Elder Abuse Awareness Day declared by UNO. According to the INPEA, Elder Abuse is a single or repeated act or lack of appropriate action, occurring within any relationship, where there is an expectation of trust, which causes harm or distress to an older person.  I reproduce below the proposed provision in the Revised Policy for Senior Citizens, 2011, as submitted to Minister of SJ&E for early appropriate action.

`` I. Income security in old age : A major intervention required in old age relates to financial insecurity as more than two third of the elderly live below the poverty line. It would increase with age uniformly across the country.

1. Indira Gandhi National Old Age Pension Scheme

1. Old age pension scheme would cover all senior citizens living below the poverty line.

2. Rate of monthly pension would be raised to Rs.1000 per month per person and revised at intervals to prevent its deflation due to higher cost of purchasing.

3. The „oldest old‟ would be covered under Indira Gandhi National Old Age Pension Scheme (IGNOAPS). They would be provided additional pension in case of disability, loss of adult children and concomitant responsibility for grand children and women. This would be reviewed every five years. ``

We shall be obliged, if various aspects are examined in detail and appropriate action taken early to help your elders.

Thanking You,

Yours Sincerely

(M.V.Ruparelia)

Representation for modifying Sec 80 DDD of Income Tax for Senior Citizens.

To                                                                                                     Date: 5-5-11.

The Appellate Authority & Director (TPL-II), R.No. 147G, Central Board of  Direct Taxes, Department of Revenue, Ministry of Finance, North Block, New Delhi-110001. 

Dear Sir,

Sub: Information in respect Of Action taken on my letter dt 26-8-10 by name to Finance Minister.

Ref: Your Speaking Order dt 19-4-11 received on 29-4-11 and CPIO`s letter no. 148/2/2011-SO (TPL) dt 27-4-11 received on 2-5-11.

Thank you very much for your above scholarly Speaking Order. I shall be thankful, if following submissions are sympathetically considered:-

1.      We had requested Finance Minister in our letter dt 26-8-10 to include various chronic diseases suffered by Senior Citizens due to ageing for including in Sec 80 DDB & Rule 11 DD and to increase the limit of Rs 60000 in view of high price of medicines. This was a representation and was required to be examined and replied in terms of Para 66 Of Office Manual (copy supplied by Ministry of Finance-Department of Economic Affairs under their letter no. 3/41/2009-RTI

dt 19-5-10 in compliance with CIC`s Decision no. CIC/AT/A/2010/000165 dt 30-4-10). Copy of Para 66 and extract of CIC`s Orders are enclosed as Annexure A. We shall be obliged, if proper examination & reply to this representation is given at an early date.

2.      As no reply was received for a long time, we had to spend money unnecessarily and file an Application under RTI as per Application dt 20-12-10. In this application, we had requested to give information i) as to what action was taken on our letter dt 26-8-10 to F.M., sending copies of notings and details of its dealing. Such information is not falling under confidential files pertaining to Budgetary Amendments and CIC`s decision dt 20-11-06 and 3-1-2007 mentioned by you may not be relevant to this simple representation and information requested can not be denied. No confidential materials/details prejudicial to the interest of the State exempted under Sec 8(1) (a) of RTI Act, 2005, as contended by you, has been asked. No conclusion/opinion etc mentioned by you has been asked. Information asked is in material form, as letter dt 26-8-10 must have been put on a file and decision must have been taken to send it to Direct Tax Code Section and for not replying to the Applicant etc. As per Sec 6(3) of RTI act, 2005, if information pertains to Direct Tax Code Section, copy of Application has to be sent to them, if that department is having another CPIO. As per directives, CPIO is a facilitator for Applicant and he has to help and guide the Applicant to get information. ^{Ministry of Personnel, P.G. & P. has laid   down the Guide Lines and Instructions to be followed by A.A. also in their various directives.  Para 3 of their Memorandum no. 1/3/2008-IR dt 25-4-08 reads as under:-}

^{What is Information:  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.}

^{Para 5 of the same number Memorandum dt 25-4-08 reads as under:-}

^{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.}

^{Para 3 of their Memorandum no.10/23/2007-IR dt 9-7-07 reads as under:-} 

^{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.}

^{3.        Further information ii) is in respect of whether that letter was put up to F M and if not to what level, it was put up and relevant notings & orders of various authorities on dealing of that letter. This type of information is also not exempted and may kindly be given.}

^{4.        Next information iii) is as to when reply to that letter shall be given. This may not be available in material form but Para 66 of Office Manual has to be followed and reply has to be given.}

^{5.        Information iv) is about instructions available and followed by you for dealing with such representations addressed to F M by name and this information can not be denied.}

^{6.        Information v) given by CPIO in his letter dt 27-4-11 in compliance of your Speaking Order may kindly be seen. We wanted to have information about considerations under which only 5 diseases were included from 1-4-03 and not all chronic diseases, which are prevalent in our country since quite long time and senior citizens having limited income can not afford. Para 28 of NPOP, 99 reads as under:-`` Taxation policies will reflect sensitivity to financial problems of older persons, which accelerate due to very high costs of medical & nursing care, …These and other proposal of tax relief will be considered.`` As per para 93 of the said Policy, each Ministry was required to prepare Action Plan and provide such reliefs. Your department did not take any initiative or action on this for 12 Full Years, resulting in no relief to your Elders. It is therefore requested to do needful on request dt 26-8-10 to FM.}  

^{7.        Information vi) requested about E/Mails, all Applicants/citizens do not have computers and web sites are complicated and most of the time not up to date. Today, I tried to get your E/Mail but could not find it in your department`s web site. Even your address & telephone number etc are not available. Telephone numbers of Directors, TPL I & III are available but there is no mention of Director TPL II. In this connection, please, see para 14 of CIC`s Orders dt 30-4-10 to your Department of Economic Affairs in Annexure I and send E/mails of all concerned officers of your department.}

Thanking You,

Yours Sincerely, (M.V.Ruparelia)  

Representation for giving subsidy in premium for Health Insurance to Senior Citizens.

To                                              Date: 22-3-11.

Shri Lalit Kumar,

Director (Insurance) & A. A., Ministry of Finance, Department of Financial Services,Government of India, Jeevan Vihar, 3^{rd Floor, Parliament Street, New Delhi.}

^{Dear Sir,}

^{Sub: Information under RTI Act, 2005.}

^{Ref: Your letter no. F14016/05/2011-Ins. II/RTI dt 8-3-11 received}

 ^{on 15-3-11.}

^{Thank you for giving various documents. Letter dt 21-1-09 from IRDA does not contain enclosures and in absence thereof, no idea can be got about recommendations for insurance for senior citizens. Enclosures may kindly be sent. MOHF`s reply to your letter dt 29-9-08 and details of paras 12.47 to 12.50 pertaining to MOHF may also be given to get some idea of their involvement. Result of consideration by Revenue Department during Budget Exercise (2010-11 & 2011-12) may also be indicated. Action taken on IRDA`s Letter dt 25-5-09 is also not advised. Copies of all notings in your Ministry on this subject may please be given. It is not physically possible to come to your office to read documents at this age of 78 and the Act provides that relevant papers including notings, as available in records should be supplied. As per Right to Information Act, 2005 & Guide Lines for CPIO issued by Ministry of Personnel, P.G. & P. in their Memorandum no. 1/69/2007-IR dt 27-2-07, CPIO has to facilitate, help & guide the Applicant to get the information.}

^{Right to Information Act, 2005 and various directives issued by Ministry of Personnel, P.G. & P. clearly lay down the Guide Lines and Instructions to be followed by A.A.also. Para 3 of their Memorandum no. 1/3/2008-IR dt 25-4-08 reads as under:-}

^{What is Information}

^{3. 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.}

^{Para 5 of the same Memorandum dt 25-4-08 reads as under:-}

^{5. 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.}

^{Para 3 of their Memorandum no.10/23/2007-IR dt 9-7-07 reads as under:-}

^{3. 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.}

^{Perusal of the documents sent under your above does not give the required information, which is as under:}

^{1. Information required in item i) of Application as to what action was taken to provide insurance to older persons, giving copies of notings & directives issued so far is not given.}

^{2. Copies of correspondence of para II,III,X to XV required to have some idea as to what is happening for elders are received without important Information in enclosures of letter dt 21-1-09 of IRDA.}

^{3. Proposal/Decisions taken by Finance Ministry to give relief in Insurance and make it affordable, as envisaged in para 36 of NPOP, 99 is not given. For this, it appears from IRDA`s letter dt 25-5-09 now received that they have recommended subsidy of Rs 2000 or any amount that may be fixed by Finance Ministry for every policy taken by Senior Citizen. The level of subsidy to these Senior Citizens must be related to the level of subsidy to BPL Population. The present level of subsidy for BPL Population for cover of Rs 300000 is a meager premium (payment by BPL) of Rs 30 p.a. against the bigger amount paid by Central & State Government.}

^{4. For item ii), thanks for giving E/Mail addresses. Orders issued by Ministry of Personnel, P.G. & P. for registration, replying etc of E/Mails may be seen & followed, as considered fit.}

^{In view of above clarifications, kindly give the required information, keeping in view that i) Provisions of Para 36 in NPOP (read with Para 93 for annual action plan) are pending action by Finance Ministry since 1999; ii) Sashtry Committee recommendations were received in Finance Ministry on 26-5-08; iii) IRDA has given final recommendations on 25-5-09 i. e. almost 2 years before.}

^{Thanking you,}

^{Yours Sincerely,}

^{(M.V.Ruparelia)}

Legal Eagle by Harmony-Celebrate Age for February, 2011.

Sunshine Act
Armed with the Right to Information (RTI ) Act, septuagenarian
Mansukhlal Ruparelia is battling for his fellow silvers.
Dhanya Nair Sankar meets the resolute campaigner At the age of 77, Mansukhlal
V Ruparelia
believes retirement
doesn’t mean leading a
quiet life. After spending
42 years in the Indian Railway
Personnel Service (IRPS)—one of the
central services of the IAS—Ruparelia
is working diligently to make Mira
Road (an unglamorous part of Mumbai)
a haven for residents. Fighting to
get the roads repaired; making sure
only licensed auto rickshaws ply; or
asserting silvers’ rights for a separate
queue in post offices, municipal hospitals
and Western Railway; he has
done it all. With a sound knowledge
of the RTI Act, Ruparelia also keeps
a hawk’s eye on policies for the elderly—
he believes the National Policy
for Older People (NPOP) should be
implemented forthwith.
Ruparelia is a man with a calling.
After retiring as a deputy chief personnel
officer in 1992, he joined a
private company as advisor, but a
voice inside kept telling him to do
something ‘more meaningful’. “I have
seen seniors getting a raw deal in civic
hospitals and railways,” he observes.
“I knew I had to do something for
them. That wish became a conviction
after retirement.” In 2005, when the
RTI Act was passed, he got hold of a
copy and studied it thoroughly. “First I
filed an application to get the municipal
garden in Mira Road cleaned up,”
he recalls. “I got the desired response
within three months, which encouraged
me to file more RTIs.” Since then,
he has filed over 300 applications and
shows no sign of stopping.
If residents of Mira Road are finding
more buses and licensed rickshaws
on the road, it is owing to Ruparelia’s
relentless efforts. “There were not
enough long-distance buses from
Mira Road, while the frequency of
existing ones was bad,” he explains.
“I filed an RTI enquiry at the Thane
RTO where they had no clue about
it. Later, I met officials at Thane and
Mumbai RTO, the police and even
traffic police officials. For the past
four years I have been filing RTI applications
against these authorities.
Though the frequency of buses has
improved, there are some more unanswered
questions.” Seeing how silvers
have to bear the burden of waiting in
long queues at post offices, Ruparelia
filed another enquiry and made sure a
separate queue was set up for them.
Irked by rickshaw drivers charging exorbitant
fares in Mira Road, Ruparelia
has filed RTIs against their unions as
well. “Rickshaws charge more than
` 50 for less than 1 km,” he says.
“I have taken up the matter with their
unions, the state transport authority
and even the governor. But now a lot
more people are coming together to
complain. Only a collective force can
wake up sleeping authorities and RTI
Act is a powerful tool.”
The septuagenarian has also studied
welfare policies for silvers under the
Brihanmumbai Municipal Corporation
and has come across a rule that
all civic hospitals have to give free
treatment to those above 60 and
municipal schools have to give one
room to local citizens’ associations on
Sundays and holidays; silvers can use
this facility for their activities. When
taken up with the State Information
Commission (SIC), the case has
shown results. He also helps silvers get
their pension and settlement through
RTI Act. A case in point is his friend
Anthony Cardoze who was not getting
his settlement dues of more than
` 400,000. “I was struggling for over
three years,” reveals Cardoze. “He
filed an application on my behalf and
my dues were settled within 10 days.”
The work, though immensely satisfying,
is challenging as well. “Ministers
and directors withhold information
on the pretext of technical objections
like ‘the original letter addressed to
minister was not received’, ‘fee not
enclosed by nominated post offices
with application’, etc," says Ruparelia.
“Tackling them requires patience and
thorough knowledge of the Act.”
Family support has been the bedrock
of Ruparelia’s active silver life; his sons
encourage him, though his wife worries
sometimes. Next on his agenda is
the NPOP. "I want to know how the
ministries are trying to implement it,”
says Ruparelia, adding that he believes
the RTI Act is indeed the ‘sunshine
Act’ that can save democracy. h