From: J P Gadkari [mailto:jpgadk...@gmail.com]
Sent: 24 December 2014 16:51
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Subject: An Appeal to all ROs of National Trust and Parivaar Members



To,

All Registered Organisations of National Trust,

Parivaar Members,

NGOs working in the PwIDD sector, Media

and MSJE officials



Dear Friends,



Expecting a surprise gift for the New Year?  Wait, you are not going
to be disappointed.  For the parents and their intellectually and
developmentally disabled children there is going to be a surprise gift
on the eve of the New Year! In the last week of this outgoing year,
the charge of your most beloved organization, the National Trust will
be handed over to a bureaucrat from the Ministry of Social Justice and
Empowerment.



You all know that for the last two years now, the Government has been
dilly-dallying the process of appointment of a new Chairperson for
taking charge of the National Trust as the term of office of Mrs.
Poonam Natrajan (her second term) was over at the end of 2012.  The
Government did not take note of the persistent demand by the sector
and even the Parivaar resolution submitted to it in this regard last
year.



Even the new Government which took over more than six months ago did
not think that it's a matter that needs to be taken up on priority
while this premier institution set up for dealing with the welfare of
more than 30 million persons with intellectual and developmental
disabilities was being hijacked by the Joint Secretary and Chief
Executive Officer of the National Trust appointed by the previous
Government to serve his self interest. He was openly defying the
authority of the Chairperson and the duly elected members of the
Board.



Many of you were not present at the annual general body meeting of the
National Trust that took place in September this year.  If you were
present, then you would have personally witnessed this man's arrogance
and defiance of the chairperson and the N.T. Board members under whose
directions and orders he has to function.  He had crossed all limits
by then of insubordination and defiance of authorities under whom he
had to work, which had completely derailed the smooth functioning of
the N.T.  Those who attended this passed a unanimous resolution
against his shenanigans.



You are all aware that the only representative organization of the
PwIDD sector, Parivaar, which was aware of all these happenings, took
up the matter with the MSJE Minister demanding immediate removal of
this subversive JS/CEO from the post.  Even the N.T. elected Board
members representing Parivaar met the Minister and brought it to his
notice all the misdeeds of this officer and were assured that an
action will be taken in the matter soon.



Yes, action was taken but not against this defiant official but by
sending out the incumbent chairperson of the N.T. instead!  It came to
Mrs. Poonam Natrajan as a Divali gift when she was relieved of the
post for which she had given a resignation earlier.



While relieving Mrs. Natarajan the Ministry played devious game.  On
22nd Oct., a day before Divali, the Ministry issued a letter of
extension to Mrs. Natarajan extending her term till 31st Dec. 2014 and
a day after Divali i.e. on 24th Oct., they relieved her accepting her
resignation. Infact by accepting the resignation of Mrs. Natarajan,
the Ministry had committed a breach of the legal provision which
stipulates that the incumbent Chairperson will hold office till a new
Chairperson is duly selected and appointed takes the charge.



Firstly, tremendous pressure was put on Mrs. Natarajan to resign
directly from the top so that the Ministry could justify her
replacement by a bureaucrat from the ministry and also to show to the
sector that the Government were starting the process of appointing a
new chairperson and the appointment of a Government official is only a
"stop gap" arrangement.



But the Ministry was either shrewd enough to realize or was advised by
someone not to go ahead with the appointment as it will bring a wave
of protests from NGO sector if a bureaucrat was appointed.  So the
Ministry gave the additional charge of the post to Mr. P K Pincha, the
Chief Commissioner of Persons with Disabilities [CCPD] who is a
disabled (visually impaired) person himself.  It should be noted here
that Mr. Pincha is due to retire on 27th December 2014 from the CCPD
post and thus will have to relinquish the additional charge of the
Chairperson of the National Trust.



While all this was being done, the JS/CEO against whom serious charges
of alleged corruption and irregularities and ill-legalities were
brought to the notice of the Minister merrily continued in office as
he was probably assured from above that nothing is going to happen to
him.



In the meantime, Mr. Pincha within a few days of taking over took
swift action to stop several irregularities and illegal things being
done by the JS/CEO and brought the matters to the notice of the
Secretary of the Dept. of Disability Affairs in the MSJE.  Mr. Pincha
also terminated the services of two employees who were appointed on
contract basis flouting the rules.  One of this employee was working
as an assistant with the Minister of State and the other, a lady,
working in the house of the JS/CEO in private capacity but both
drawing their salaries from the National Trust. Further Mr. Pincha
also took steps to stop the squandering of the N.T. funds which are
meant for the welfare of PwIDDs.



All this was naturally not to the liking of the power that be and the
Ministry has now reportedly reverted to their original plan to appoint
a bureaucrat in place of Mr. Pincha.  Ofcourse, they would justify
this by saying that it is only a "stop gap" arrangement and soon the
process will start for selection of a new chairperson according to the
legal provisions of the Act.  But kindly beware that this may prove as
an eyewash.  There are enough examples in the past where the
Government resorted to such "stop gap" arrangements and then continued
with it over a long period.



We in the NGO sector in general and Parivaar in particular are totally
opposed to such socalled "stop gap" arrangements as in the long run
they result in harming the interests of our children.  As it is the
functioning of the N.T. has been completely derailed and the
implementation of ongoing programmes and schemes and introduction of
the new ones have come to a standstill.  There are lot of lacunas that
were existing in the functioning of the N.T.; there was no proper
coordination between the former chairperson and the Board members;
Board members were not taken into confidence by the chairperson; there
was no clarity about the rules, responsibilities and duties of various
authorities or a system of chain of commands; there was no proper
monitoring system and process of registration of organizations; no
control or answerability about the functioning of LLCs; etc.



While the Government had to finally concede the demand of the sector
and repatriate the JS/CEO on 5th December 2014, we are sure that
besides being against the provisions of N.T. Act there would be no
change in the situation if a Government official sits in the Chair of
the Chairperson of the N.T.  We have witnessed that even with his
handicap and his straight forward upright handling of the issues, Mr.
Pincha brought a breath of fresh air in the working of the N.T.  If
person like Mr. Pincha is allowed to hold the charge of the
Chairperson of the N.T. atleast for another uninterrupted six months
to one year with a really cooperative JS/CEO, (the Government has
given a temporary charge of this post to one Mr. Mukesh Jain, IAS from
MSJE) things will certainly improve quite a bit and its advantage will
go to our children.



But this can happen only if all the R.Os of NT, parents associations
and all the voluntary organizations working in the intellectual and
developmental disabilities field raise a strong voice against the
appointment of a bureaucrat and immediately start the process to
select and appoint suitable person from NGO sector to be the next
regular chairperson of the NT within a fixed period of time.



It would have certainly been better if the Government would have
allowed Mr. Pincha an extension for atleast six months to one year.
But the Government has decided otherwise.  Therefore the time has come
now for all R.Os and other organizations as mentioned above to launch
a powerful movement to save this unique organization which can do much
to improve the quality of life and provide a dependable legal
framework and secure future for the PwIDDs and their families.  And
that will be the real New Year gift!



To start with each organization should write to the Minister MSJE
opposing the appointment of a Govt. official to the post of the
Chairman of National Trust and demanding giving extention of six month
to one year to Mr. Pincha and start the process of appointment of a
regular new Chairperson.  I am sure all will respond to this appeal
and act swiftly with a massive protest campaign.



Wishing you all a Very Happy and Purposeful New Year !



Yours sincerely,





(J P GADKARI)

Member Drafting Committee National Trust Act,

RPD Bill and Former President, PARIVAAR

Clean India Campaign: Let us also chip in!



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