Friday, December 2, 2016

[RTI INDIA] Re: [rti4ngo] "Cash in hand" Declaration by Union Ministers for 2016 - did they queue up to deposit money in banks and when?

Venkatesh,

First get your facts right....

Second forget about the Ministers.....

Can I know (without the Rs 10 prescribed application fee) as to whether you stood in Queue , how much did you deposit and where did you deposit ?

Also about the NGOs that you are part of....NCPRI & CHRI

DISCLOSURE:

I deposited a grand sum of Rs. 31500 (Rs 500 X 49 + Rs. 1000 X 7) in State Bank of Mysore, Mahendra Hills Branch, Secunderabad after standing about 135 minutes in queue.

Following is my account statement from 08 Nov till 02 Dec 2016:

Account Statement for the period 08/11/2016 to 02/12/2016
Account Number00000054002804204BranchMAHENDRA HILLS
AddressPL.NO:26,RD.NO:1
BALAMRAI SOCIETY
MAHENDRA HILLS
Hyderabad  - 500026.
Account TypeSBCHQ-GEN-PUB-IND-NONRURAL-INR
Account NameMr. CHANDERKANT JAMNADAS KARIRA,Mrs. VINITA CHANDERKANT KARIRA
Interest Rate(% p.a.)4.0
Drawing Power0.00Balance as on 08 Nov 20164,53,467.15
MOD Balance0.00
CIF No.78402489405
IFS CodeSBMY0040462
MICR Code500006004
Nomination RegisteredYes
View Another Statement   


Number of transactions 9
Date (Value Date)NarrationRef/Cheque No.DebitCreditBalance
  09-Nov-2016
(09-Nov-2016)
CEMTEX DEP 
ACHCr UTIB02048000029787 OIL AND NATURA  
    1,350.00  4,54,817.15
  11-Nov-2016
(11-Nov-2016)
CHQ BK FEE 
38976288  
  38976288  86.25   4,54,730.90
  11-Nov-2016
(11-Nov-2016)
CASH CHEQUE 
SELF 
499603  
  499603  10,000.00   4,44,730.90
  11-Nov-2016
(11-Nov-2016)
CASH DEPOSIT 
CASH DEPOSIT SELF  
    31,500.00  4,76,230.90
  13-Nov-2016
(13-Nov-2016)
CAS PRES CHQ 
HDF To Clearing - Reliance Tax Saver ELSS f 
499602  
  499602  25,000.00   4,51,230.90
  15-Nov-2016
(15-Nov-2016)
CEMTEX DEP 
ACHCr ICIC01859000004364 ICICI PRUDENTI  
    289.00  4,51,519.90
  29-Nov-2016
(29-Nov-2016)
BY CLEARING / CHEQUE 
IDS BY CLEARING 
13067  
  13067   67,500.00  5,19,019.90
  29-Nov-2016
(29-Nov-2016)
BY CLEARING / CHEQUE 
IDS BY CLEARING 
13066  
  13066   14,090.02  5,33,109.92
  02-Dec-2016
(02-Dec-2016)
CEMTEX DEP 
ACHCr HDFC01695000013937 Marico Limited  
    188.00  5,33,297.92


My wife (Vinita) deposited a Total of Rs. 80,000.00 (Rs 500 X 86 + Rs. 1000 X 37) on the same day and also stood in the same queue with me for the same amount of time.

PS: She remembered the wedding vows...........dukh sukh mein yaan queue main hum saath saath hain.

Account Statement for the period 08/11/2016 to 02/12/2016
Account Number00000054002811052BranchMAHENDRA HILLS
AddressPL.NO:26,RD.NO:1
BALAMRAI SOCIETY
MAHENDRA HILLS
Hyderabad  - 500026.
Account TypeSBCHQ-GEN-PUB-IND-NONRURAL-INR
Account NameMrs. VINITA CHANDERKANT KARIRA,Mr. CHANDERKANT JAMNADAS KARIRA
Interest Rate(% p.a.)4.0
Drawing Power0.00Balance as on 08 Nov 20165,42,629.22
MOD Balance0.00
CIF No.78402501467
IFS CodeSBMY0040462
MICR Code500006004
Nomination RegisteredYes
View Another Statement   


Number of transactions 8
Date (Value Date)NarrationRef/Cheque No.DebitCreditBalance
  11-Nov-2016
(11-Nov-2016)
CASH CHEQUE 
SELF 
507568  
  507568  10,000.00   5,32,629.22
  11-Nov-2016
(11-Nov-2016)
CASH DEPOSIT 
CASH DEPOSIT SELF  
    80,000.00  6,12,629.22
  13-Nov-2016
(13-Nov-2016)
CAS PRES CHQ 
HDF To Clearing - AXIS LONG TERM EQUITY FUN 
507567  
  507567  25,000.00   5,87,629.22
  13-Nov-2016
(13-Nov-2016)
CASH CHEQUE 
CASH WITHDRAWAL BY CHEQUE 
507569  
  507569  10,000.00   5,77,629.22
  15-Nov-2016
(15-Nov-2016)
CEMTEX DEP 
ACHCr ICIC01859000004364 ICICI PRUDENTI  
    289.00  5,77,918.22
  23-Nov-2016
(23-Nov-2016)
CEMTEX DEP 
ACHCr NACH00000000004535 Larsen & Toubr  
    137.00  5,78,055.22
  29-Nov-2016
(29-Nov-2016)
CEMTEX DEP 
ACHCr IBKL00077000006363 ATULAUTOLTD  
    138.00  5,78,193.22
  29-Nov-2016
(29-Nov-2016)
BY CLEARING / CHEQUE 
IDS BY CLEARING 
13068  
  13068   67,500.00  6,45,693.22


Venkatesh, before you ask someone else to be transparent, be transparent yourself !!!

Get your facts right.....before you post anything in the public domain.
When matters relate to transparency and RTI, it is always better to think 
with your "head" rather than your "heart".

LOL

PS: In my Company (PVT Ltd.) a grand sum of Rs. 19000.00 was deposited
(Rs 500 X 38). I am not posting the account statement of my company
because I am afraid that if the NGOs see the balance, they will start pestering 
me for CSR Funds.

Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha

Rgds
C J Karira




From: "Venkatesh Nayak venkatesh@humanrightsinitiative.org [rti4ngo]" <rti4ngo@yahoogroups.com>
To: rti4ngo@yahoogroups.com; "childrensrighttofood@googlegroups.com" <childrensrighttofood@googlegroups.com>; "loksatta_initiative@yahoogroups.com" <loksatta_initiative@yahoogroups.com>; "pwap@yahoogroups.com" <pwap@yahoogroups.com>; "antibriberycampaign@yahoogroups.com" <antibriberycampaign@yahoogroups.com>; "development_communication_in_Orissa-owner@yahoogroups.com" <development_communication_in_Orissa-owner@yahoogroups.com>; "the-moderates@googlegroups.com" <the-moderates@googlegroups.com>; "arkitectindia@yahoogroups.com" <arkitectindia@yahoogroups.com>; CHRI New Delhi Office <ndo@humanrightsinitiative.org>
Sent: Wednesday, November 30, 2016 12:13 PM
Subject: [rti4ngo] "Cash in hand" Declaration by Union Ministers for 2016 - did they queue up to deposit money in banks and when?

 
Dear all,
Readers will recollect the headlines in several newspapers today- the Hon'ble Prime Minister has directed MPs of his Bharatiya Janata Party (BJP) to declare their bank transactions to the President of the Party in a bid to lead by example to come clean on their actions 'after' the decision to demonetise currency notes of Rs. 500 and Rs. 1000 denomination. The leader of a prominent political party has demanded transparency regarding the alleged  financial dealings of the top leaders of the BJP.

Meanwhile the print and the electronic media have covered the travails of citizens across the country who have rushed to banks to deposit their old currency notes and exchange some for the newly printed Rs. 2000 and Rs. 500 bank notes. With the exception of the Vice President of the Indian National Congress (INC) who queued up before a bank branch in Delhi to exchange a small sum of the demonetised notes for new ones, people did not see any other political leader from any other political party queueing up before banks like them with money in hand and worries in their minds about the uncertain future. Media reports indicate several unfortunate incidents of citizens dying while standing in serpentine queues. Many more have been asking publicly why the political leaders are not found standing before banks like them.


"Cash in hand" declaration made by Union Ministers in 2016
Thanks to the Code of Conduct (2nd attachment which I obtained this through the RTI Act) laid down for Ministers (Union and State levels) during the 1960s and revised from time to time, they are required to declare their assets and liabilities details apart from other dealings, where they may have financial interests. Similarly, as Members of the Lok Sabha and the Rajya Sabha, Ministers declare details of their assets and liabilities in accordance with Section 75A of the Representation of the People Act, 1951 (see pages 38-39 in this document). These declarations are voluntarily disclosed by the Government. They contain details of the "cash in hand" declared by every Minister in addition to details of bank deposits, other movable and immovable property that they own along with similar details of assets owned by hi or her spouse and dependent children. These details declared by most of the Union Ministers as on 31st March 2016 are accessible on the official website of the Prime Minister's office. While some declarations seem to have been made for the purpose of complying with the Code of Conduct, others seem to have submitted the declarations furnished to Parliament under the respective House Rules.

I have compiled the data about how much "cash in hand" Ministers including the Hon'ble Prime Minister have declared (1st attachment) officially by the end of March 2016. As this is publicly declared information, there is no reason to suspect any connection with "black money". Frustrating people with black money and forcing them to come clean is one of the reasons why the Government has said that it too the decision to demonetise high value currency notes. 

However, every citizen who has stood for hours before banks to either deposit the old currency notes in their accounts or exchange them for the new ones has the right to know when and where did the Ministers deposit the small and large sums of cash they held in their bank accounts. This is a small way of commemorating those citizens who died standing in serpentine queues before banks. The first question that every citizen should ask is:

1) whether these Ministers ever stood in queues like the common citizen whom they are sworn to serve, to deposit their demonetised currency notes unless all of them had cash in smaller denominations or sent their peons or relatives or some other person to make the transaction? When did they actually make these deposits?

The Government has indicated that the Income Tax (IT) Department may turn its scanner on account holders who deposit more than Rs. 2.5 lakhs in cash in their accounts either in one go or in installments. So the second question that citizens should ask is:

2) whether the IT Dept. will look at Ministers making deposits above Rs. 2.5 lakhs with the same degree of suspicion as they will at an ordinary citizen who makes similar high value deposits?

In order to dispel any doubt about whether the declaration includes money deposited in bank have compiled this data also in a separate column in the 1st attachment to contrast it with the data about "cash in hand" declared by the Ministers. Please note the following caveats while reading the compiled data:

1) A large number of Ministers have declared cash in hand separately from bank balance and deposits of various kinds. I have indicated both figures against each name wherever data is available separately. I have not included these categories of disclosure for their spouses and dependents as they are not public figures. The remarks in the last column at some rows contain my comments about the quality of data.

2) The cells highlighted in red indicate those Ministers whose tax history must be scrutinised, in theory, if they have deposited demonetised notes worth above Rs. 2.5 lakhs because such rules are applicable to ordinary citizens.

3) Assets and Liabilities Declarations of 2 Cabinet Ministers, and 17 Ministers of State are not published on the PMO's website (coded as ND in the attached MSExcel file). Whether they have actually made any declaration to the PM or to the Houses of which they are Members is not known.

The biggest amount of "cash in hand" in the Council of Ministers was declared by the Finance Minister - more than Rs. 65 lakhs. I have triple checked this data published on the PMO's website. The Hon'ble Prime Minister declared more than Rs. 89,000 as cash in hand. When did all these Ministers go to banks or whom did they send to deposit these amounts and when, are very important question that every citizen must ask.

4) 6 Cabinet Ministers and 5 Ministers of State have not included "cash in hand" data in their declarations, to the best of my knowledge.


Disclosing such information will not be a violation of privacy of the Ministers
Citizens can use The Right to Information Act, 2005 (RTI Act) to ask the Central Government such questions without worrying about violating the right to privacy of the Ministers. In August 2015, the Central Government got the Attorney General of India (AGI) to question a catena of judgements of the Supreme Court that the right to privacy was a fundamental right. In a bunch of matters challenging the actions of the Government to make Aadhaar Unique Identification compulsory for a range of services and welfare programmes, the AGI put this question to the Apex Court. The Hon'ble Supreme Court felt persuaded to refer the matter to a Constitution Bench to determine whether people in India indeed have a constitutionally guaranteed right to privacy. I have commented about this issue extensively last year. 

Given these facts, in my humble opinion, the Government's view is that there is no fundamental right to privacy for anybody including for Ministers under the Constitution. So Section 8(1)(j) of the RTI Act which was designed to protect personal information from being disclosed leading to unwarranted invasion of the privacy of an individual, becomes an unreasonable restriction on the fundamental right to information which is a part of the right to freedom of speech end expression guaranteed under Article 19(1)(a) of the Constitution. So, there should be no legal bar on providing answers to the information sought in the two queries listed above.

Readers may kindly note that I am not making any allegations of "black money" or money that is not accounted for in the declarations of Ministers. However in a country whose national motto is satyameva jayate (truth alone shall triumph) and given the BJP's latest step to demand transparency from its own MPs, citizens should push the envelope towards greater transparency of Ministers and other elected representatives. 

Information about how much "cash in hand" was declared by candidates who got elected as MPs and MLAs is available on the dedicated website being maintained by the Association for Democratic Reforms- http://myneta.info/ Readers might like to ask similar questions from MPs and MLAs belonging to all political parties.

Please circulate this email widely. Friends in the media may kindly note that this email alert is not being shared with anybody exclusively. Please free to use this material in your write-ups as you deem appropriate. The data compiled here is publicly available. Views expressed are personal

In order to access our previous email alerts on RTI and related issues please click on: www.humanrightsinitiative. org/blog. If you do not wish to receive these email alerts please send an email to this address indicating your refusal.

Thanks
Venkatesh Nayak
Programme Coordinator
Access to Information Programme
Commonwealth Human Rights Initiative
#55A, 3rd Floor, Siddharth Chambers-1
Kalu Sarai, New Delhi- 110 016
Tel: +91-11-43180201/ 43180215

"The people of this country have a right to know every public act, everything, that is done in a public way, by their public functionaries. They are entitled to know the particulars of every public transaction in all its bearing": Justice K K Mathew, former Judge, Supreme Court of India, (1975)
""Where a society has chosen to accept democracy as its credal faith, it is elementary that the citizens ought to know what their government is doing": Justice P N Bhagwati, former Chief Justice, Supreme Court of India, (1981)
"Information is the currency that every citizen requires to participate in the life and governance of society": Justice A. P. Shah, former Chief Justice, Delhi and Madras High Courts, (2010)


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Posted by: Venkatesh Nayak <venkatesh@humanrightsinitiative.org>
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