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“TATWADARSHI HOSPITAL HUBLI STILL NOT REGISTERED BY DIRECTOR HEALTH SERVICES FOR RENAL TRANSPLANTATIONS DESPITE APPLICATION FILED IN 2015

 
 
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“TATWADARSHI HOSPITAL HUBLI STILL NOT REGISTERED BY DIRECTOR HEALTH SERVICES FOR RENAL TRANSPLANTATIONS DESPITE APPLICATION FILED IN 2015
by System Administrator - Tuesday, 24 January 2017, 1:23 PM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: I have asked The Public Information Officer O/ODirector Health and Family welfare services Ananada Rao circleBangalore: 560 009 to provide me information and reasons under section 4(I) (d) RTI Act for not registering the "Tatwadarshi Hospital Gokul Road Hubli-580030 under 'Transplantation of Human Organs (Amendment) Act in 2011 and notified Transplantation of Human Organs and Tissues Rules(THOT), 2014despite they have applied on 10-04-2015 and paid registration fees of Rs 10,000/- DD Favoring Director Health and Family welfare services Ananada Rao circleBangalore.The Director Health and Family welfare services are THE PUBLIC AUTHORITY under obligation to provide information "PUBLICLY” under section 4(I) (a) (b) (c) (d) RTI Act.RTI is a total problem solving mechanism and poor man's tool to solve his problems and not just record providing tool RTI Act is not just 2(f) .It provides transparency under 2(f) and4(1) (a) (b) (c) and Accountability under 4(1)(d). 4(1)(d) is check on whether public authority function under and as per 4(1) (a) (b) (c).RTI is a total problem solving mechanism and not just record providing tool.RTI will provide transparency and Accountability and this reduces the corruption. This information and reasons need to be provided to me as per Guide on RTIto Information Act 2005 published by the Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training (available here :http://rti.gov.in/RTICorner/Guideonrti.pdf) on page 12 and Para 9, following is stated: Providing Reasons for Decisions: The public authorities take various administrative and quasi-judicial decisions which affect the interests of certain persons. It is mandatory for the concerned public authority to provide reasons for such decisions to the affected persons. It may be done by using appropriate mode of communication .Attention is also invited towards the thread 'Affected Person ' under RTI ACT. In fact, it can be said that "Affected" refers back to an action. The"Affected Persons" are the ones who are affected by that action. The reasons need to be given to affected person and copy of that can be given to me under 2 f of RTI Act. The Co-Opeartion Department is THE PUBLIC AUTHORITY under obligation to provide information "PUBLICLY” under section 4(1) (a) (b) (c) (d).

According to experts"The human body and its parts cannot be the subject of commercial transactions. Accordingly, giving or receiving payment... for organs should be prohibited.” Enhanced awareness among people is needed to encourage people to donate organs. This requires involvement of the civil society, religious leaders and other stakeholders in creating awareness. The recently notified Transplantation of Human Organs and Tissues Rules(THOT), 2014 has many provisions to remove the impediments to organ donation while curbing misuse/misinterpretation of the rules. ReportedlyOrgan donation and transplantation provides a second chance at life for thousands of people each year. The growing disparity between the rich and poor, demand for human organs and availability of technology in the country makes the trading of organs a quick means to riches for some and a relief for others. Invariably Organ trade leads to exploitation of the poverty-stricken people by tempting them with financial gains to meet their immediate short-term financial needs.Government of India enacted the 'Transplantation of Human Organs (Amendment) Act in 2011 which made provisions for simplifying the procedure for human organ donation. The provisions included retrieval centres and their registration for retrieval of organs from deceased donors, swap donation and a mandatory inquiry by the registered medical practitioner of a hospital in consultation with transplant coordinator (if available) from the near relative(s) of potential donor admitted in Intensive Care Unit and informing them about the option to donate and if they consent to donate, inform the retrieval centre for retrieval of organs.

Donor Card: Signing a donor card is the first step in making your wishes about donation known. A donor card is not a legal document but an expression of one's willingness to donate. While signing a donor card demonstrates one's desire to donate organ after death, letting the family or friends know about the decision is very important. That is because family members will be asked to give consent for the donation. The decision will be considered final when they give consent. Vital organs such as heart, liver, lungs, kidneys, pancreas and intestines, and tissues such as corneas, heart valves, skin, bones, ligaments, tendons, veins, etc. can be donated in case of brain death. National Organ and Tissue Transplant Organization (NOTTO) is a National level organization set up under Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India located Safdarjung Hospital New Delhi. Website of NOTTO (National Organ and Tissue Transplant Organization) has been launched recently.

Public authorities cannot take excuse of "missing files” for denying information under the RTI Act as such claims have no legality under the transparency law for withholding records, the Central Information Commission has held."Unless proved the record was destroyed as per the prescribed rules of destruction/retention policy, it is deemed that record continues to be held by the public authority,” Information Commissioner Sridhar Acharyulu said in his order.The case came before the CIC after one Om Prakash sought to know information from Land and Building Department of Delhi Government regarding allotment of alternative plot in lieu of his land acquired by the Government.The Department admitted before the Commission that the relevant file is missing and it could not be traced even though the officers personally inspected room of the Land and Building Department after receiving the RTI application. The official representing the department said there is no possibility of retrieving the missing record .In a terse order, the Commissioner said loss of records that are required to be kept and maintained permanently, if considered as evidence in a case, should invite criminal complaint against officials under section 201 of Indian Penal Code (punishable with imprisonment which is directly proportional to seriousness of offence charged from seven years to 10 years and for life.) "Claim of file missing or not traceable has no legality as it is not recognised as exception by the RTI Act. By practice "missing file” cannot be read into as exception in addition to exceptions prescribed by RTI Act."It amounts to breach of Public Records Act, 1993 and punishable with imprisonment up to a term of five years or with fine or both,” Mr. Acharyulu said. The Commissioner also issued a show cause notice to the Land and Building Department official asking why maximum penalty of Rs 25,000 be not levied upon him.Mr. Acharyulu recommended to the public authority to consider the issue "seriously” as the Commission has been hearing excuse of missing files on many occasions and also to initiate action under Public Records Act, 1993 against responsible persons."The public authority also has a duty to designate an officer as records officer and protect the records. A thorough search for the file, inquiry to find out public servant responsible, disciplinary action and action against under Public Records Act, reconstruction of alternative file, relief to the person affected by the loss of file are the basic actions the public authority is legitimately expected to perform,” he said.He said, prima facie, public authority cannot deny the right of the appellant by putting forward an excuse of the missing file."If the file is really not traceable, it reflects the inefficient and pathetic management of files by the Public Authority. If the file could not be traced in spite of best efforts, it is the duty of the respondent authority to reconstruct the file or develop a mechanism to address the issue raised by the appellant,” he said.The DC and allPAs has to publish every year the work they carry out or the information they create under 4(1) (a) (b) (c) every day ,but it did not published all the work carried out by the DC under section 4(1) (a) (b) (c) (d)of RTI Act 2005and it has not provided citizens and opportunity to ask the reasons under section 4(1) (d). This information and reasons need to be provided to everybodyas per Guide on RTIto Information Act 2005 published by the Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training (available here :http://rti.gov.in/RTICorner/Guideonrti.pdf) on page 12 and Para 9, following is stated: Providing Reasons for Decisions: The public authorities take various administrative and quasi-judicial decisions which affect the interests of certain persons. It is mandatory for the concerned public authority to provide reasons for such decisions to the affected persons. It may be done by using appropriate mode of communication .Attention is also invited towards the thread 'affected person ' under rti act.In fact, it can be said that "Affected" refers back to an action. The"Affected Persons" are the ones who are affected by that action. The reasons need to be given to affected person and copy of that can be given to me under 2 f of RTI Act. The KSOUoffice is THE PUBLIC AUTHORITY under obligation to provide information "PUBLICLY” under section 4(1) (a) (b) (c) (d). The state government and all its departments need to publish everything they do in year as per RTI Act 2005 and this need to be published every year and applicant asking information becomes easier to provide also to the applicant and Government becomes transparent .