Thursday, October 13, 2011
Guidance sheet for implementation of the ‘Smokefree Rules’ under Tobacco Control Laws
Guidance sheet for implementation of the ‘Smokefree Rules’ under
Tobacco Control Laws
¾ 1. Section (4) of the ‘Cigarettes and Other Tobacco Products
(Prohibition of Advertisement and Regulation of Trade and
Commerce, Production, Supply and Distribution) Act, 2003’
prohibits smoking in public places . Any violation of this act is a
punishable offence with fine up to Rs. 200. However, the hotel
with 30 rooms or more, Restaurants with 30 seating capacity or
more and airport may create a separate smoking area or space.
2. “‘Public Place’ as defined in the Act and the rules means any
place to which the public has access whether as of right or not and
includes all places visited by general public and includes
¾ Auditorium ,
¾ Hospital Buildings,
¾ Health Institutions,
¾ Amusement Centres,
¾ Restaurants,
¾ Hotels,
¾ Public Offices,
¾ Court Buildings,
¾ Educational Institutions,
¾ Libraries,
¾ Public Conveyances,
¾ Open Auditorium,
¾ Stadium,
¾ Railway Stations,
¾ Bus Stops,
¾ Workplaces,
¾ Shopping Malls,
¾ Cinema Halls,
¾ Refreshment Rooms,
¾ Discotheques,
¾ Coffee House,
¾ Pubs,
¾ Bars,
¾ Airport Lounge
13. The provisions relating to ‘Prohibition of Smoking in Public
Places’ were given effect to rules were given effect to from 1stMay 2004.
Recently, these provisions were reviewed and a comprehensive rule
‘Prohibition of Smoking in Public Places Rules, 2008’ have been
notified on 30th
May 2008. These rules are to take effect from 2nd
October 2008. The salient features of these rules are :
¾ It is the duty of the owner, proprietor, manager or supervisor or incharge of affairs of public place:
To keep the area under his jurisdiction smoke-free.
Display the board as per the specification given in
Figure – 1 . These boards shall be displayed at
All entrances and other conspicuous places
inside the building
If there are more than one entrance then at
all entrances.
If there are more than one floor, at each floor
including the stair case and entrance to the
lift at each floor.
Notify and display the name of a person to whom a
complaint may be made, in case someone is found
violating the law. (specimen figure – 2).
Ensure that no ashtrays, matches, lighters or other
things designed to facilitate smoking are provided.
¾ If the owner, proprietor, manager or supervisor , or in-charge of
affairs of the public place fails to act on the report of such
violation, he shall be fined equivalent to the number of individual
offences.
2¾ All Hotels, Restaurants and Airport being public place have to be
smoke-free. However, owner, proprietor, manager or supervisor or
in-charge of affairs of the hotels having 30 or more rooms and
restaurants having seating capacity of 30 or more and the manager
of the airport may provide a separate smoking area /space as per
the following specifications.
Physically separated and surrounded by full height
walls on all four sides.
Having an entrance with automatically closing doors
normally kept in close position.
Has an airflow system
That is exhausted directly to the outside and not
mixed back into the supply to the other parts of
the building.
That is fitted with a exhaust ventilation system
which is non re-circulating in nature or an air
cleaning system or a combination of two, in such
a manner that air does not permeate into non
smoking areas.
Has a negative air pressure in comparison with the
remainder of the building.
¾ The smoking area /space shall not be established at the entrance
or exit of the hotel, restaurant or airport and shall be distinctly
marked as ‘smoking area’ in English and one Indian language as
applicable.
¾ The smoking area/space should be used only for the purpose of
smoking and no other service(s) shall be allowed.
¾ The owner, proprietor, manager or supervisor or in-charge of
affairs having 30 or more rooms may designate separate smoking
rooms in a manner as provided:
3 All rooms designated as smoking rooms shall form a
separate section in the same section or wing. In case
there is more than one floor/wing, these rooms shall
be in one floor or wing as the case may be.
All such rooms shall be distinctly marked as smoking
rooms in English or one Indian language.
The smoke from such room shall not be ventilated
outside and does not permeate in non smoking areas
of the hotel including lobbies and corridors.
4. Action to be taken by State Government:
The dept dealing with Health in the state government shall be primarily
responsible for implementing the provisions of these rules in
coordination with other central/state government departments and
various other stakeholders. The secretary in-charge of Health shall take
following steps.
9 Give wide publicity to the provisions of the rules; also put it on
the official website of the Department.
9 Ensure that all offices, Institutions, autonomous organization,
including hospitals, Educational Institution/ Medical/Dental/
Nursing Colleges etc. under the Health/Medical Education
Department and any public sector undertaking, follow the rules
i.e. display of boards, identification of persons to whom a
compliant of violation is to be lodged.
9 Send communications to all state government departments,
institution etc. in the state.
o To ensure that attached/subordinate offices, Autonomous
organization & PSU’s under the respective department(s)
comply with the law.
o That those in-charge or responsible for any public place
implement the smoke-free rules.
4o That all departments identify the person(s) to whom any
complaint about violation(s) can be reported.
(A fact sheet indicating the steps to be taken by an
organization is annexed)
9 Send communications to all the heads of central government
departments in the state like Railways, Customs and Central
Excise, Defense Establishments, AG Office, Doordarshan, All
India Radio, CPWD, Airports Authority, etc. for implementing the
provisions of the rules.
9 Send specific communications to Secretaries of Education Dept,
Tourism dept, Transport Dept, Municipal Corporations as under:
o To Education Secretary (and /or Medical Education
secretary) to make all the school, colleges including
Medical, Dental, Nursing, Paramedical Colleges,
universities including deemed universities to display the
boards as per specification and follow the other provisions
of the rules.
o To Transport Secretary for ensuring that the boards are
displayed in all public conveyances under govt and private
sector and also at the bus stops & bus terminals.
o To head of the Municipal Corporations to ensure that the
provisions of the Act is implemented in the area under his
jurisdiction.
o To Tourism Secretary
To Inform all concerned in charge of places
commonly frequented by tourists that they have to
follow the rules and ensure that those places are
smokefree.
To ensure tourist are duly informed-through
portals/websites, brochures and pamphlets about
the provisions of the rule.
5 To provide smoke free environment in all
hotels/restaurants as laid down in the Rules
To inform that hotels/restaurants having 30 or
more rooms/ or 30 or more seating capacity may
create a designated smoking area / space as per
the specifications.
To ensure that the boards as per the requirement
are prominently displayed in all tourist spots
including in hotels/restaurants/pubs/bars/coffee
shops etc.
9 Communicate to all district collectors the details of the provisions
of the rules and action to be taken.
9 Sensitize the representatives of Hotels/ Restaurants, Private
workplaces, shopping malls, cinema theaters, Industry / factories
about the provisions of the rules and set up a mechanism for
monitoring implementation.
9 Establish a coordinating mechanism by way of setting a state
level task force/steering committee under the chairmanship of
Principal Secretary/Secretary Health with representatives of all
the major departments of State/Central Govts, other stakeholder
and Civil Society. Also to establish Distt. Level committee under
the chairmanship of District Collector with Chief Medical Officer
(Dist Nodal Officer for Tobacco Control) as member Secretary.
5. Way forward for Enforcement
9 Sensitize, train and empower the law enforcers i.e. Police, Food &
Drug Inspectors and other the authorized officers, as notified by
the central Govt vide notification dated 30th
May, 2008.
9 The State Govt. may also consider notifying additional authorized
officers for implementing the provisions of the rules.
69 Set up flying squads for monitoring, enforcement and
compliance.
9 Setting up toll-free help line / online reporting system may also
be considered.
9 Establish a mechanism for issue of challan or compounding of
offence. The options available, based on the experience of a few
States are:
¾ OPTION – 1: to empower the authorized officers to
compound the offence and impose appropriate fine upto
Rs. 200 on the violators and recover the fine on the
spot. A specimen copy of the receipt is at figure -3
¾ OPTION – 2 : to permit the authorized officers to issue
challans with the direction that the offender pays the
fine at the designated court or treasury on any
given/fixed day(s) as may be decided by the State
Government. The state government may also constitute
mobile courts/special magistrates. The specimen copy
of challan is at figure – 4.
Or combination of both the options as may be decided
by the State Government.
9 The Health Department has to print the numbered receipt
book (s) and challan book(s) for distribution to various
authorized officers for ensuring proper accounting of fines
imposed on the offenders. The challan may contain two
part, one to be issued to the offender and the other to be
retained by the authorized officer who has to deposit the
fine and the book to the health department.
79 There are different models of channelising the funds collected
through fine.
¾ OPTION – 1 : create a separate head of account
as has been done by Gujarat Government under the
department of Health in which the fine collected
by various agencies/officers are deposited. This
will enable Deptt. of Health to use the fund for
tobacco control activities. The head under which
the fine is to be credited may be indicated at the
bottom of the receipt itself.
¾ OPTION – 2: the fine collected by various agencies
may be deposited to a miscellaneous account of
department of Health. In case the states have a
separate account for National Tobacco Control
Programme in the Health Society, the funds may
be deposited in this account.
It is necessary for the state government to lay
down detailed guidelines for ensuring accountability for the
amount collected as fine.
86. Other Measures:
9 Highlight successes and failures of every
department/organization.
9 Provide for non-monetary incentives such a commendation
letters, etc.
9 Mainstream the Rules and regulations in regular
training/Orientation of officers and staff working in any
‘Public place’.
9 Encourage the vast majority of non smokers, to recognize
their right to life and healths - through media campaigns,
school curriculum etc.
9ANNEXURE
Steps for Enforcement by Dept /Institutions
Fact Sheet
9 Display boards as per specifications in non smoking areas.
9 Notify and display the name of a person to whom a complaint may
be made, in case someone is found violating the law.
9 Train and inform the persons within the institutions responsible
for implementing the act, including their duties, responsibilities
under the law. The consequence of non-compliance is clearly spelt
out. Also, train the enforcers about the mechanism of issuing
challan /compounding of offences and imposing fine.
9 Educate the staff about the provisions of the smoke-free rules.
9 Constitute a core group/task force for regular monitoring, surprise
checks to and ensure monitoring & compliance.
9 The funds collected by compounding the offence may be deposited
in the account as specified by the department of Health
10Figure - 1
Design of the signage Specification of the board
1. The board shall be of a minimum size
of 60 cm by 30 cm of white background
2. It shall contain a circle of no less than
15 cm outer diameter with a red
perimeter of no less than 3 cm wide
with a picture, in the centre, of a
cigarette or beedi with black smoke and
crossed by a red band.
3. The width of the red band across the
cigarette shall equal the width of the red
perimeter.
4. The board shall contain the warning
“No Smoking Area – Smoking Here is
an Offence”, in English or one Indian
language, as applicable.
Figure - 2; Specimen
If your find anybody smoking please report to
Name:……………………………..
Designation: ………………..
Telephone no:…………….
11Figure – 3 : Prototype of a receipt
12Figure – 4: Prototype of a challan
Book No. ……… Serial No………..
The ‘Cigarettes and Other Tobacco Products (Prohibition of
Advertisement and Regulation of Trade and Commerce, Production,
Supply and Distribution) Act, 2003’
1. Name and Address of the accused person
………………………………………………………………………………………………
2. Scene of the offence with date, time and place.
………………………………………………………………………………………………
3. Particulars of offence under Act/ Rules.
………………………………………………………………………………………………
4. Where as you are hereby prosecuted for the offense described above,
you are required to attend the court of name & address …………………..
place ……….& time ………. ..AM on (date) …… answer the said charges
unless otherwise ordered by the court.
Signature/left thumb impression of the accused
Signature of the witness
Name and address of the issuing authority.
http://www.ceeri.res.in/om/STEP%20BY%20STEP.pdf
Tuesday, October 11, 2011
The Nation interest has necessity of conservation of trees and greenery for protection of the environment.
GYAN
LAKSHAY (NGO) is active in Jawala Puri, Sunder Vihar, New Delhi-110087, past five
years in maintaining friendly interaction among likeminded people and providing
selfless service to the civil society. The GLNGO recently planted about 300
trees and shrubs in the area, with the help of the Volunteers. The GLNGO
members and their families could often be seen checking and nurturing these
trees. The intensive greenery drive of the GLNGO inspired even road walkers and
nearby CWC units to join hands in this noble cause.
The fact
that cutting of more than 15cm diameter branches of green trees is a punishable
offence. The Nation interest has necessity of conservation of trees and
greenery for protection of the environment.
Saturday, October 8, 2011
Your MLA fund report card on signboards
NEW DELHI: Now, you don't need to fret and fume about your
local MLA's accountability. If you want to know how your MLA has spent funds
allocated to him /her under the local area development (LAD) scheme, you need not
even file an RTI plea . All you have to do is look around for his 'report card'
in the neighbourhood. The information will be up on a signboard installed at a
prominent location in the area.
This will be done in compliance with the February 10 order of the Central Information Commission. The CIC order followed a complaint filed under Section 18 of the RTI Act by one Anjali Bhardwaj and 317 citizens from SFS flats in Sheikh Sarai . The complainants had acknowledged that information was available on the government website in English, but they contended it won't be accessible to the common man. Keeping in view the aam admi's right to access information easily , the panel issued directions to erect boards with details of expenditure of MLA funds for public scrutiny .
"A signboard of appropriate dimension will be installed, mentioning details of expenditure of the current year and of the previous year of the MLA," central information commissioner Shailesh Gandhi said. Though the government was supposed to put up boards by March 15 and submit a compliance report by March 25, it is still dragging its feet.
The first set of signboards will start coming up later this week. The urban development department plans to complete installation by end of the month. The department has identified offices of the deputy commissioners, schools and hospitals where the boards will be installed.
"The board shall also mention the exact link /URL of the department website where information can be accessed. No acronym /abbreviation should be used. Information will be displayed in Hindi and shall be installed at a location having maximum public view in each constituency," the CIC order stated. The boards will not only list expenditure details, but also give information on names of projects, the agency which carried out the work, the contractor and the date of commencement and completion of work.
These boards will be maintained and updated every year, within six months of the closure of the previous fiscal, by the head of the public authority, or the officers so directed by him in writing.
This will be done in compliance with the February 10 order of the Central Information Commission. The CIC order followed a complaint filed under Section 18 of the RTI Act by one Anjali Bhardwaj and 317 citizens from SFS flats in Sheikh Sarai . The complainants had acknowledged that information was available on the government website in English, but they contended it won't be accessible to the common man. Keeping in view the aam admi's right to access information easily , the panel issued directions to erect boards with details of expenditure of MLA funds for public scrutiny .
"A signboard of appropriate dimension will be installed, mentioning details of expenditure of the current year and of the previous year of the MLA," central information commissioner Shailesh Gandhi said. Though the government was supposed to put up boards by March 15 and submit a compliance report by March 25, it is still dragging its feet.
The first set of signboards will start coming up later this week. The urban development department plans to complete installation by end of the month. The department has identified offices of the deputy commissioners, schools and hospitals where the boards will be installed.
"The board shall also mention the exact link /URL of the department website where information can be accessed. No acronym /abbreviation should be used. Information will be displayed in Hindi and shall be installed at a location having maximum public view in each constituency," the CIC order stated. The boards will not only list expenditure details, but also give information on names of projects, the agency which carried out the work, the contractor and the date of commencement and completion of work.
These boards will be maintained and updated every year, within six months of the closure of the previous fiscal, by the head of the public authority, or the officers so directed by him in writing.
MCD School records open to public scrutiny once every month
CENTRAL INFORMATION COMMISSION
Club Building (Near
Post Office)
Old JNU Campus, New
Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000930/14501
Complaint No. CIC/SG/C/2011/000930
Complainant
: Mr.
Saurabh Sharma,
C-7/E, D.D.A Flats, Munirka,
New Delhi-110067
Respondent
: The Additional Commissioner (Education)
Municipal
Corporation of Delhi
Education Department,
15th Floor, Civic Centre, Minto Road,
New Delhi – 110 001
Complaint
filed on
: 08.06.2011
Hearing
Notice Issued
on
:
18.08.2011
Date
of
Hearing
: 08.09.2011
Facts
arising from the Complaint:
The
Complainant has filed the present Complaint under Section 18 of the RTI Act
(hereinafter ‘the Act’), with the Commission, contending that certain
categories of document including the manuals mandated under Section 4 (1) (b)
of the Act 2005, should be available in hard copy at the school. It
is further contended that these documents should be available for inspection suo moto, as the Education Department
of the Municipal Corporation of Delhi runs and maintain a large number of
schools in the city, they should have all the mandated information mentioned in
Section 4, in hard copy at the school premise for the benefit of the
beneficiary community. This will be of immense help for them in ensuring
transparency and accountability of the functioning of schools. He has forwarded
a list of documents that should be available for inspection and the request is
reproduced below:-
1.
Admission
records
2.
Students’
attendance records
3.
Teachers’
attendance records
4.
Budget
Allocations, Sanction issued and Expenditure incurred
5.
Expenditure
on Educational Tours, Mid Day Meals, V.K.S/SMC, Sanitation, and CEP heads.
6.
Records
of disbursements made to students on account of Scholarships, Uniforms, Books,
and all other incentives given under any scheme.
7.
Copies
of Circulars/Notifications/Orders received from Education Department &
other Departments/Authorities from time to time.
8.
Various
Registers like inspection Register, Visitor Register, Movement Register
9.
General
Inspection of the infrastructural facilities – like drinking water, toilets,
classrooms etc.
Relevant
Facts emerging during Hearing:
The
following were present:-
Appellant: Mr. Saurabh Sharma and Ms.
Aheli Chowdhury.
Respondent: Mrs. Kanta Rani Kumar,
ADE; Dr. Chandra Bhan, DDE (Coordination); Municipal Corporation of Delhi
The
Commission has heard the Respondents and the Appellant. The Respondents state
that the admission records can be made available for inspection, as well as the
student’s attendance. The teacher’s attendance records/register is also
available. Budget allocations are at the HQ and Zonal Level, the budget
sanctioned to the schools and the expenditure therein is available at the
school level. For educational tours and mid-day meal can be made
available for inspection at the school. The records for PTA are also maintained
at the school. It is further stated that for sanitation, only one staff is
deployed. Records of disbursements made to students on account of
Scholarships, Uniforms, Books which are free of cost, and all other incentives
for winter clothes/shoes etc given under any scheme are also available. Copies
of Circulars/Notifications/Orders received from Education Department &
other Departments/Authorities from time to time are sent directly to the
schools and should be available there. Various Registers like inspection
Register, Visitor Register, Movement Register are also at the school level.
Inspections are done once a year and also surprise inspection records are also
available. General Inspection of the infrastructural facilities – like drinking
water, toilets, classrooms, black boards etc are undertaken through a specific
proforma which covers a variety of areas, this record is available. In addition
the Respondents also state that there are also records of complaints made by
Principal/incharge of each school to senior authorities.
Section
4 (1) (a) of the Right to Information Act, 2005, which is a mandatory
obligation, reads as -“maintain all its records duly catalogued and indexed in a
manner and the form which facilitates the right to information under this Act
and ensure that all records that are appropriate to be computerised are,
within a reasonable time and subject to availability of resources, computerised
and connected through a network all over the country on different systems so
that access to such records is facilitated”. The Commission appreciates that the
Department has made improvements and is moving towards better
transparency.
The
Right to Information is a fundamental right of the citizens which has been
codified by the RTI act, No. 22 of 2005. The act envisions that all citizens
shall receive information primarily by suo motodisclosures by various public
authorities as prescribed by section (4) of the
act.
Disclosures in accordance with the said Section are crucial to ensure
transparency and accountability in institutions. This would reduce the
load of RTI Applications being filed with each institution as information would
be freely available to citizens and they would not have to apply for it. It
further envisages that citizens would be required to specifically ask for
information under section (6) only in a few cases. Citizens have been demanding
that certain information is essential to them and should be available
proactively in form of public notice boards, display boards etc. The Commission
feels that certain information which is essential for public safety should be
published proactively.
Decision:
The
Complaint is allowed.
In
view of the aforesaid and from the facts before it, the Commission under the
powers vested in it by section 19 (8) (a) of the RTI act, hereby directs the
following:-
The
Following categories of documents shall be available for inspection from the
last working day of October 2011, pertaining to each particular school for the
on-going academic session.
1.
Admission
records
2.
Students’
attendance records
3.
Teachers’
attendance records
4.
Budget
Allocations, Sanction issued and Expenditure incurred
5.
Expenditure
on Educational Tours, Mid Day Meals, V.K.S/SMC, Sanitation,
6.
Records
of disbursements made to students on account of Scholarships, Uniforms, Books,
and all other incentives given under any scheme.
7.
Copies
of Circulars/Notifications/Orders received from Directorate of Education &
other Departments/Authorities from time to time, which are available with the
concerned school.
8.
Various
Registers like inspection Register, Visitor Register, Movement Register,
Complaint File
1.
All
schools of the Municipal Corporation of Delhi will have the above noted
documents/registers available for inspection by citizens on the last working
day of each month, from 10.30 AM to 12.30 PM for First/Morning/General Shift
and 3.30 PM to 5.30 PM for the Second/Evening shift schools respectively. This
information regarding inspection timings shall be available on the notice
boards of all schools.
1.
A
sign board of appropriate dimension shall be installed, mentioning the Name(s),
designation(s), contact details including the office address/room number, as
the case may be who can be contacted for inspecting records including the
inspection timings as mentioned in point 1 above. No acronym/abbreviation should be
used.
This information shall be inscribed in Hindi and shall be installed at a
location having maximum public view at the concerned school. The same shall
also be published on the website of the Corporation also.
The
Additional Commissioner (Education), shall send a consolidated report of compliance
of the above directions to this Commission by 15thNovember 2011. The report may be sent to
rtimonitoring@gmail.com, with a copy to the Complainant.
This
decision is announced in open chamber.
Notice
of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
8th September 2011
Monday, October 3, 2011
RTI activist Raghubir Singh Gadegawnlia got ‘B’ Grade position in India in Certificate Course on RTI
RTI activist Raghubir Singh
Gadegawnlia got ‘B’ Grade position in India in Certificate Course on RTI
DELHI: Raghubir Singh Gadegawnlia, resident of Jawala Puri district West Delhi based RTI
activist got B grade position in India in Certificate Course on RTI' launched
by the Department of Personnel and Training (DoPT), Ministry of Personnel,
Public Grievances and Pensions, Government of India (GoI). Gadegawnlia got 3rd
rank in India, out of 41 students.
Certificate Course on RTI' is
for various stakeholders on, both, the demand and supply sides of the RTI
implementation regime. This Online Certificate Course on RTI is launched in
association with the Centre for Good Governance, Hyderabad.
This Certificate Course is
aimed for Public Information Officers (PIOs), Assistant Public Information
Officers (APIOs), Appellate Authorities, Officials assisting the above
designated officers or other public officials, Representative of Civil Society Organizations
(including Media Organizations) .
The outcomes proposed for
this initiative are a sound knowledge of the provisions of the RTI Act, 2005
among the people taking this course. Good understanding of the remedies available
when an implementing organization fails to comply with this Act, Testing the
understanding of 'Information Providers' and 'Information Seekers' using this
tool for implementing this Act or exercising their right under it.
It is to be remembered that Raghubir
Singh Gadegawnlia is an active member of different social organizations &
giving training about RTI Act to different organizations & citizens.
Thursday, September 1, 2011
Govt Opposes Rs 50k Cap on Free Treatment of Poor
The Delhi government today turned down a proposal of private hospitals to provide free treatment to poor patients only up to billing amount of Rs 50,000 and sought a direction from the Supreme Court to prohibit them from putting any such cap.
It said the proposal for putting a ceiling "is not practicable" and totally "unacceptable".
In an affidavit filed before the apex court, the government informed the court that out of 37 hospitals, which were given land at subsidised rate, 27 are giving free treatment to the economically weaker section (EWS) of society but some have proposed a ceiling of the Rs 50,000 per patient.
"A perusal of their (hospital's) proposals reveals that they have agreed to provide free treatment to EWS patients free of cost subject to billing amount limit of Rs 50,000 per patient. This is totally against the letter and spirit of providing free treatment to poor patients.
"If the above proposal is to be accepted then many poor patients would be denied complete and full treatment for their illness and this would defeat the very aim and objective of providing free treatment to poor patients. A cap or ceiling of the Rs 50,000 per patient is not practicable. This is totally unacceptable to the government," the 11-page affidavit said.
It said that four hospitals -- Fortis Escort Heart Institute; Max Super Specialty, Saket; Max Super Specialty, IP Extension; and Bhagwati Hospital -- did not submit their representation in a meeting which was organised on the direction of the apex court to chart out a scheme for the implementation of the scheme for free treatment.
"It appears that they have fallen in line with the directions of the high court and also the policy of the government to serve the interest of EWS category of the society," the government said.
The affidavit was filed in compliance with the apex court order which had on August 25 had directed the government to file a detailed report after consultation with the hospitals.
It had asked the hospitals to sit with government authorities to sort out the issue and work out a scheme to treat the poor patients — 25 per cent outdoor and 10 per cent indoor — free of cost.
The government also informed the court that a five-member monitoring committee under the Director of Health Services has been formed for the implementation of the scheme.
The Delhi High Court had in 2007 ruled that all private hospitals that were granted public land at cheaper rates would provide free treatment to poor patients at the rate of 10 per cent in the indoor patient department (IPD) and 25 per cent in the outdoor patient department (OPD) of their total respective treatment capacities.
"They (poor patients) will be provided free admission, bed, medication, treatment, surgery facility, nursing facility and consumables and non-consumables. The hospitals charging any money from such patients shall be liable to be proceeded against in accordance with the law. Besides that, this would be treated as violation of the orders of the court," the high court had said.
The court had pronounced the judgment on a PIL seeking implementation of the land deed agreement entered into with these hospitals providing for, among other things, free treatment to certain percentage of poor patients out of their total treatment capacities.
It said the proposal for putting a ceiling "is not practicable" and totally "unacceptable".
In an affidavit filed before the apex court, the government informed the court that out of 37 hospitals, which were given land at subsidised rate, 27 are giving free treatment to the economically weaker section (EWS) of society but some have proposed a ceiling of the Rs 50,000 per patient.
"A perusal of their (hospital's) proposals reveals that they have agreed to provide free treatment to EWS patients free of cost subject to billing amount limit of Rs 50,000 per patient. This is totally against the letter and spirit of providing free treatment to poor patients.
"If the above proposal is to be accepted then many poor patients would be denied complete and full treatment for their illness and this would defeat the very aim and objective of providing free treatment to poor patients. A cap or ceiling of the Rs 50,000 per patient is not practicable. This is totally unacceptable to the government," the 11-page affidavit said.
It said that four hospitals -- Fortis Escort Heart Institute; Max Super Specialty, Saket; Max Super Specialty, IP Extension; and Bhagwati Hospital -- did not submit their representation in a meeting which was organised on the direction of the apex court to chart out a scheme for the implementation of the scheme for free treatment.
"It appears that they have fallen in line with the directions of the high court and also the policy of the government to serve the interest of EWS category of the society," the government said.
The affidavit was filed in compliance with the apex court order which had on August 25 had directed the government to file a detailed report after consultation with the hospitals.
It had asked the hospitals to sit with government authorities to sort out the issue and work out a scheme to treat the poor patients — 25 per cent outdoor and 10 per cent indoor — free of cost.
The government also informed the court that a five-member monitoring committee under the Director of Health Services has been formed for the implementation of the scheme.
The Delhi High Court had in 2007 ruled that all private hospitals that were granted public land at cheaper rates would provide free treatment to poor patients at the rate of 10 per cent in the indoor patient department (IPD) and 25 per cent in the outdoor patient department (OPD) of their total respective treatment capacities.
"They (poor patients) will be provided free admission, bed, medication, treatment, surgery facility, nursing facility and consumables and non-consumables. The hospitals charging any money from such patients shall be liable to be proceeded against in accordance with the law. Besides that, this would be treated as violation of the orders of the court," the high court had said.
The court had pronounced the judgment on a PIL seeking implementation of the land deed agreement entered into with these hospitals providing for, among other things, free treatment to certain percentage of poor patients out of their total treatment capacities.
Delhi Govt Officials to Pay Penalty For Delay in Service
Come September 15, Delhi government officials will have to pay financial penalty to applicants if they fail to deliver services within a time-frame, a move that comes in the backdrop of Anna Hazare's demand for a citizens' charter.
The reforms in delivery of services like issuance of driving license, ration card and registration of births and deaths in a time-bound manner has been initiated by city government as per provision of a legislation passed by Delhi Assembly in March.
The decision to implement the 'Delhi Right of Citizen to Time Bound Delivery of Services Act' comes close on the heels of Hazare's agitation demanding a Citizens' Charter for all government departments, providing details about services offered by them, the time limit and punishment for failing to provide the service.
The legislation fixes financial penalty in the range of Rs10 to Rs 200 per day for failing to deliver services while making it a right of every citizen to obtain time bound delivery of services from certain government agencies.
"The legislation will come into force from September 15. It will improve accountability and rid our system of irregularities," said a senior official.
The departments which have been included under the legislation are Revenue, Food and Civil Supplies, Transport and Trade and Taxes as well as civic agencies MCD and NDMC.
According to the legislation, a maximum penalty of Rs 5,000 can be imposed on officials for failing to deliver services. For deciding financial penalty, the legislation also provides for setting up "competent authority".
The legislation says for issuance of ration cards, it should not take more than 45 days while MCD and NDMC should not take more than seven working days for issuance of registration of birth and death certificates.
The Transport Department should not take more than one day to renew permanent driving license while learner's driving license should be issued on the same day of filing of the application.
The Act requires the selected departments to commit to service-level agreements (SLAs) declaring time-frame required to deliver services to the citizens.
The legislation basically aims at sensitising government servants towards the citizens and to enhance and imbibe a culture to deliver services within a stipulated period.
Officials said the government had written to Delhi Police to implement the legislation.
The reforms in delivery of services like issuance of driving license, ration card and registration of births and deaths in a time-bound manner has been initiated by city government as per provision of a legislation passed by Delhi Assembly in March.
The decision to implement the 'Delhi Right of Citizen to Time Bound Delivery of Services Act' comes close on the heels of Hazare's agitation demanding a Citizens' Charter for all government departments, providing details about services offered by them, the time limit and punishment for failing to provide the service.
The legislation fixes financial penalty in the range of Rs10 to Rs 200 per day for failing to deliver services while making it a right of every citizen to obtain time bound delivery of services from certain government agencies.
"The legislation will come into force from September 15. It will improve accountability and rid our system of irregularities," said a senior official.
The departments which have been included under the legislation are Revenue, Food and Civil Supplies, Transport and Trade and Taxes as well as civic agencies MCD and NDMC.
According to the legislation, a maximum penalty of Rs 5,000 can be imposed on officials for failing to deliver services. For deciding financial penalty, the legislation also provides for setting up "competent authority".
The legislation says for issuance of ration cards, it should not take more than 45 days while MCD and NDMC should not take more than seven working days for issuance of registration of birth and death certificates.
The Transport Department should not take more than one day to renew permanent driving license while learner's driving license should be issued on the same day of filing of the application.
The Act requires the selected departments to commit to service-level agreements (SLAs) declaring time-frame required to deliver services to the citizens.
The legislation basically aims at sensitising government servants towards the citizens and to enhance and imbibe a culture to deliver services within a stipulated period.
Officials said the government had written to Delhi Police to implement the legislation.
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