Monday, 9 June 2014

An article about " RIGHT TO INFORMATION ACT CAN BECOME HANDY AGAINST CORRUPTION "



Corruption is rampant in most of the Government departments. The money and the wealth unearthed by the Karnataka Lok Ayukta during rides in recent past on the offices and residential premises of the corrupt Government officials would prove that the height of corruption in Karnataka is unimaginable. What the Karnataka Lok Ayukta has unearthed is only a decimal of a bigger proportion. There are lots of such corrupt elements in Government departments who need similar treatment by the Lok Ayukta. It is a known fact that unless the officials are bribed, nothing works. In most of the Government departments, right from the lowest level to the top level, corruption is prevalent. Citizens are greatly disturbed and distressed by these corrupt practices.
With the enactment of the Right to Information Act, 2005, by the Parliament, a ray of hope has emerged in the minds of the public to get the official machinery work in a corrupt free atmosphere since this Act gives power and paves the way for the honest citizen to get their official work processed without undue delay. If used properly, this Act could become a weapon to bring down the corruption in Government departments. A very encouraging development as far as this Act is concerned is that it is just not restricted to Government and Municipal Corporations but also includes all public authorities viz. organizations, NGOs and other bodies which are financed by the Government. The Right to Information Act is indeed a very beneficial Act for the common man and if used in a proper way, it may lead to less sleaze and more transparency.
The Right to Information Act, 2005 which has come into with effect from 12'h of Oct 2005 could help the property industry to a great extent since the land and building related documents which could not be procured easily from the Government departments viz. Taluk Office, Corporation Office, Sub-Registrar Office, Survey Department, Assistant Commissioner's Office etc., without greasing the palms of the officials can now be insisted on to be furnished, studied and verified well in advance before embarking on any project by invoking the provisions of the Right to Information Act.. Section 2(j) of the Act defines the 'right to information' as.
'Right of Information' is the right to acquire information accessible under the Act which is held by or under the control of any public authority and includes the right to
b) Taking notes, extracts or certified copies of documents or records
c) Taking certified samples of material
d) Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device.
Thus, by invoking the provision of the Right to Information Act, an applicant who has been unsuccessful in getting his building plan sanctioned or there is inordinate delay in obtaining such sanction despite the plan complying all the statutory requirements and bye-laws prescribed can now put the BBMP administrative machinery to work speedily by seeking, inter alia, the following questions to be answered by the Public Information Officer of the department.
Further, he is now entitled to ask for the inspection of documents, records, take notes and obtain certified copies.
a) What is the status of his plan?
b) How many other plans were submitted on the day on which plans was submitted by him?
c) Out ofthose plans, how many have been sanctioned?
d) What has happened to all the other plans?
Under the Act, it is imperative for all the administrative offices of public authorities to appoint a Public Information Officer. He will act as a catalyst between the applicant who wants the information on the one side and the department on the other.
Nominal fee is collected for furnishing the information under the Right to Information Act. In normal course, the information sought for should be provided within a period of one month. If there is delay in providing the information or deliberate refusal to part with the information, the PIO is penalized at Rs. 250/- for every day's delay until the information is provided to the applicant. This penal provision may drive the PIO to act fast and provide the information sought for. It is a requirement that the name of the PIO should be prominently displayed in all offices. If the name and address and telephone number of the IO is not forthcoming in any organization, or the PIO is not available, the applicant can seek information by addressing his request letter to the PIO of the head office of the concerned department. If any application is submitted to the PIO who has no jurisdiction over the matter in question, then such PIO shall forward the application to the appropriate PIO.
Even after lapse of one month, if the information sought for under the Act is not provided satisfactorily by the concerned department or the department refuses to furnish the information, the aggrieved person can go on appeal against the decision of the PIO to the appellate authority who by default will be the official senior of the said PIO of the same department. If aggrieved by the decision of the Appellate Authority, the affected person may complain to the State or Central Information Commissioner which is an independent constitutional authority.
Information which affect the sovereignty and integrityof India or security, strategic, scientific and economic interest of the state relation with foreign state and certain information as mentioned in Sections 8 & 9 of the Act may be denied to be furnished.
By invoking the provisions of this Act by the public, the administrative machinery can be put on the right track which in turn can help in the reduction of corrupt practices.

Saturday, 7 June 2014

An article about " Wanted for senior citizens – REVERSE MORTGAGE "



The other day, my friend and I went to another friends house who was bedridden and in great pain.  We are all Senior Citizens 65+.  In our working life we have acquitted ourselves respectably and retired with grace.  Our friend was diagnosed as a case of spondylitis, diabetes and cardio vascular problems.  He was a junior officer in a public Sector Undertaking of  Government of India.  He has exhausted almost all his funds in moving around the country on transfers, changing jobs, raising his siblings, giving them good education, and marrying them off in good and respectable families.  His one son is in America, a software engineer and another in UK, a doctor.  He and his wife live alone in Bangalore.  Both of them have one or the other medical problems.  His only assets are a flat in which he lives and some amount he gets which has been dwindling.  He cannot afford costly treatment and also beyond medical insurance.  His pride stands in the way of his asking for any money from his children.  Even if he suppresses his pride it is doubtful whether he will get any money from his children.  Not an odd story.  We can find many such cases around us, similar or worse.  However, the flat which he has is in a good locality, somewhat up market and has a decent market price.  The value has been appreciating.  But that will not help him, not in India.
A second example.  An educated entrepreneur of the yester-years.  Rags to riches story.  He had built a medium size enterprise in eighties.  Built a decent house in a upper class suburb.  No children.  He has closed down the business due to advancing age and medical problems.  Last few years of running has also seen some loss.  He has to live on his savings.  During the heydays of the business he had lived in some what luxurious way.
There is another story where both the son and daughter are abroad.  The individual has been advised by pass.  That would cost him at least Rupees two lakhs.  He is worried about raising it.  Both the children have told that they are not interested in the ancestral house in India as they and their children do not have the slightest intention of coming back to India.  They have told their families he can do whatever he wants with the house he lives in.
Today in our country such nuclear middle class families of senior citizens are growing in numbers.  In all the above cases the couples have apartments / houses which have good market value but as they have to live there they are locked up stocks in India.  The percentage of population above 60 is growing.  All these citizens have good chances of living for another 3 decades.  However it cannot be said that they will lead a healthy, active and cheerful life.
Some time ago ICICI Prudential Life Insurance released an advertisement under  retirement solutions which highlighted the problem of old age succinctly It read as under

     Age  35 ---   visits to the doctor 2times
     Age  55 ---   visits to the doctor 15times
     Age  70 ---   visits to the doctor 22 times
It also signed off with a statement “Retire from work, not life.”
Although medical science has advanced in leaps and bounds in the recent times cost of treatment has gone up because of the heavy investment in machinery andequipment the hospitals have to make.  We the senior citizens who were working class of the  socialistic era had no other insurance but Government administered Life Insurance and as far as I know there were no retirement solutions of the type offered by the advertisement.
In many other countries of the West a solution has been devised to meet situations stated above.  A senior citizen can borrow from the bank on monthly basis and yet live in the house until death or coming in to better circumstances.  The financial instrument that helps him is REVERSE MORTGAGE.
A reverse mortgage (known as equity withdrawal in the United Kingdom) is type of loan used by older consumers as a way of converting their home equity into a cash payment while retaining ownership of their property.  To qualify for a reverse mortgage, one must be at least 62 and have paid off all or most of home mortgage.
Reverse mortgage allows the home owner to continue living in the home  without being required to repay the loan.  In exchange, the lender receives a  substantial fraction of the home’s equity.  The proceeds of the loan are tax-free, there are no minimum income requirements, and for most reverse mortgages, the money can be used for any purpose. Government and the insurance fraternity together have made it simple and user friendly in procedure.  The mortgagee takes over the house on the death of mortgager, disposes of the house and recovers the amount and interest..  And balance is given to inheritors.
Lenders when granting reverse mortgages do generally not consider income of the person, and no medical tests or medical histories  are required.  The amount you can borrow depends on your age, the equity in your home, the value of your home, and the interest rate.  Reverse mortgages administered by the government may have other requirements as well.
In the United States, you can be paid in a lump sum, in monthly advances through a line of credit, or a combination of all three.  The loan advances which are not taxable, generally do not affect Social Security or Medicare benefits.  However, you should keep in mind that reverse mortgage tend to be more costly than traditional loan.
Whether seeking money to pay for medical treatment, finance a home improvement, buy long term care insurance, or supplement their income, many older Americans are turning to “reverse mortgages.”  The underlying principle is that the scheme allows older consumers to convert the equity in their homes to cash while retaining ownership of their property.
With a “regular” mortgage, one makes monthly payments to the lender.  But with a reverse mortgage, one receives money from the lender and generally does not have to  repay it for as long as one lives in own home.  In return, the lender holds some – if not most or all – of one’s home’s equity.
Depending on the plan, reverse mortgages generally allow home owners to retain title to their homes until they permanently move, sell their home, die or reach the end of pre-selected loan term.  Generally, a move is considered permanent when the homeowner has not lived in the home for 12 consecutive  months, So, for example a person could live in a nursing home or other medical facility for up to 12 months before the reverse mortgage would be due.
Introduced in the late 1980s, reverse mortgage has helped many senior citizens among home owners who are “house-rich-but-cash-poor” remain in their homes  and still meet their financial obligations.  The proceeds of the loan are tax-free,  there are no minimum income requirements and for most reverse mortgages, the money can be  used for any purpose.

In USA, about which I have  some information there are 3 sources of reverse mortgages, viz,
  1. The federally insured Home Equity Conversion Mortgage (HECM), administered by the Department of Housing and urban Development (HUD).
  2. Single-purpose reverse mortgages, usually offered by state or local  government agencies  for a specific reason.
  3. Proprietary reverse mortgages, offered by banks, mortgage companies, and other private lenders and backed by the companies that develop them.
  4. We shall not go into the details as the purpose of this article is to make aware the readers the availability  of the scheme in other countries.
If you seek as HECM,  you also must undergo free mortgage counseling from an independent government-approved “housing agency.”  Financial institutions offering proprietary reverse mortgages may require similar counseling or home owner education.
Some of the disadvantages of the reverse mortgage schemes are as follows.

  1. Reverse mortgages tend to be more costly than traditional loans because they are rising-debt loans.  The interest is added to the principal loan balance each month.  So, the total amount of interest owed increases significantly with time as the interest compounds.
  2. Reverse mortgages use up all or some of the equity in a home.  That leaves fewer assets for the homeowner and his or her heirs.
  3. Lenders generally charge origination fees and closing costs, some charge servicing fees.  How much is up to the lender.
  4. Interest on reverse mortgages is not deductible on income tax returns until the loan is paid off in part or whole.
  5. Because homeowners  retain title to their home, they remain responsible for taxes, insurance, fuel, maintenance, and other housing expenses.
  6. Payment terms, including acceleration clauses.  They state when the lender can declare the entire loan due immediately.
  7. Some reverse mortgages, the lender may take a share of equity appreciation.  This could create issues for the homeowner or heirs, particularly if the value of the home rises unexpectedly during the loan.
  8. There are some unscrupulous elements among lenders.
If you are considering a reverse mortgage, it is important to understand how the loans work and what your rights and responsibilities are.
Under the “Federal Truth in Lending Act”, lenders must disclose these terms and other information  before your sign  the loan.  On plans with adjustable rates, they must provide specific information about the variable rate feature.  On plans with credit lines, they must inform the applicant about appraisal or credit report charges. Attorney’s fees, or other costs associated with opening and using the account.  Be sure you understand these terms and costs.
You generally have at least three business days after signing a reverse mortgage contract to cancel it.  The cancellation must be in writing.
If you suspect that a lender is violating the law, you can register your concerns with the lender or loan servicer.  You also may wish to file  a complaint with:
 Ø  your state Attorney General’s office or state banking regulatory agency
 Ø  the Federal Trade Commission (FTC).  File a complaint online at www.ftc.gov
I have asked some of my banker friends about the possibility of introducing such a facility in India also.  In India, after independence, because of spread of education and communication, the middle class population which was small in pre-independence era has been growing.  Most of us, new middle class, have acquired property with our own earning, that too in cities to which we migrated in search  of employment.  Most of us gave best of the education we could afford to our children taking it as an bounden duty of the parents.  Our children have migrated to better pastures abroad  in search of better opportunities and standard of living.  Many a times we have encouraged them to do so.  Now we live alone supporting ourselves of meager savings and a house to live in.  I personally feel there is an opportunity for banks to step in.  Will the reverse mortgage be a profitable proposition.  My friends abroad in UK and USA say that they know of at least half a dozen private Financial Institutions there who offer reverse mortgage.  Many of the bankers at middle level did not know existence of such a scheme.  At higher level some knew its availability in advanced countries.  They gave a host of reasons why it cannot be introduced in India, not at the moment.  Most frequently mentioned reasons are

·           The inheritance laws of the country
·         Not in the objectives of the commercial banking
·            Non availability of funds
·         Burdened with too many loan schemes with social objectives thrust (?) upon
     Them by Government due political expediency.     The laws of the country and the lengthy process of recovering the possession of the house once the owner passes away.
Indian Bank community is united in risk aversion and avoidance of innovation.  Twenty years ago they did not see any point in entering housing finance or lending on white goods.  I saw first ATM Delhi installed by City Bank an  American Financial Institution.  It took almost a decade for other banks to follow a few Government banks have taken the first step in this direction this year only.  They re used to looking up to Government for directions.  So one can only hope  that  Government will look into this scheme and its relevance to India.  If required the laws could be suitably amended.  Laws should not be  stumbling blocks to progress towards extending greater security, I mean the financial security, to the citizens especially to senior citizens.


Friday, 6 June 2014

RIGHT OF INFORMATION ACT - BOON FOR PROPERTY MATTERS


After hectic deliberations, the Right of Information Act of 2005 finally got the nod in both the upper and lower house of the Parliament. The Act came into effect from 12th of Oct 2005. With this, the law is now valid and applicable for the whole country irrespective of any state.This Act proves as a great windfall to the property industry as the building related documents which could not be procured easily from the Government departments viz. Taluk Office, Corporation Office,Sub-Registrar Office, Survey Department,Assistant Commissioner’s Office etc., can now be got, studied and verified well in advance before embarking on any project.

This Act is a blessing in disguise for the citizens of the Nation. If used properly, this may act as a weapon to bring down the corruption level to a naught. Needless to say, corruption is rampant in our country everywhere, especially, Government departments and Municipal corporations. It is a known fact that unless the officials are bribed, nothing works. Right from the lowest level to the top level officials, the bribe gets distributed and then only the work may progress without any hindrance. The citizen is greatly disturbed and distressed by these deeds but he can be just a mute spectator. But with the enactment of the Right to Information Act, there is a bright ray of hope as this Act gives power and paves the way for the honest citizen or a builder to get his files cleared if there is any undue delay.

Right of Information:
At the outset, let us understand the significant aspects of this legislation.  Section 2(j) of the said Act defines the right to information.

Right of Information’ is the right to acquire information accessible under the Act which is held by or under the control of any public authority and includes the right to –
a) Inspection of work, documents, records
b) Taking notes, extracts or certified copies of documents or records
c)  Taking certified samples of material
d) Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device.

A very encouraging development as far as this Act is concerned that it is just not restricted to Government and Municipal Corporations but also includes public authorities viz.organizations, NGO’s and other bodies which are financed by the Government.

Practical Use
Let us throw some light on how this Act can be used in practical.
1)A person submits a plan to the BMP Office for sanction.But sanctioning process undergoes an inordinate delay due to the fact of non-bribing of the concerned officials which eventually puts the citizen into a lot of anguish. Using this Act, he can now directly meet the officer and question him on the following issues.
a) What is the status of his plan?
b) How many other plans were submitted on the day on which plans was submitted by him?
d) What has happened to all the other plans?
Further, he is now entitled to ask for the inspection of documents, records, take notes and obtain certified copies.
         
2)A person applies for a ration card. As usual, it gets into rough weather
as the concerned officials are not fed properly. Now with this Act, he can go and contact the concerned and ask for the reasons for the delay just like the above case. The above said are just stray cases and the said Act can be used to elicit any type of information from any departments except a few.

Appointment of Public Information Officer
Under the Act, it is imperative now for all the administrative offices of Public Authorities to appoint a Public Information Officer. He will act as a catalyst between the citizen who wants the information and the concerned department. In normal course, the necessary information should be provided within a span of one month. There will be a nominal fee collected as a token amount. Even after one month, if the information is not provided properly or refused, the person can go one step further and appeal to the appellate authority who by default will be the senior of the said PIO in the same department.

If the Citizen wishes to appeal against the Appellate Authority itself, he should appeal to the state or Central Information Commissioner which is an independent constitutional authority.

Penalty for Delay/Refusal
If there is a delay in providing the information or deliberate refusal to part with the information, the PIO is penalized at Rs. 250/- per day until the information is provided to the person.This aspect may drive the PIO to act fast and provide all the information.It is a rule that the name of the PIO should be prominently displayed at all the offices. If it is missing or the Citizen cannot find the PIO, he can apply for information by addressing to the PIO of the head office of the concerned department.

Though the Act covers almost all the departments and enables the Citizen to get the required information, Scientific, Economic, Security and strategic information as mentioned in the sections 8 and 9 of the Act may not  be disclosed or can be denied out rightly. But such a scenario may not happen as a normal citizen will not be having any business or dealings with these aspects.

The Right to Information Act is indeed a very beneficial Act for the common man and if used in a proper and optimum way, it may lead to less sleaze and more transparency.  To top it all, this act may go one step further and give a complete transparency vis-à-vis property documents which was until now not very clear on various issues.  With this Act, all the documents of property can be procured easily from the Government department’s viz. Taluk Office, Corporation Office, Sub-Registrar Office, Survey Department, Assistant Commissioner’s Office and the citizen can heave a sigh of relief.

Format of application to be submitted to the Public Information Officer

To
(Name of the office with address)

1. Full name of the applicant:
2. Address
3.Particulars of the information required:
i) Subject matter of information
ii) The Period to which the information relates
iii) Description of the information required
iv) Whether the information is required by post or in person
(The actual postal charges shall be included in additional fees)
4. Whether the applicant is below the poverty line:
    (If yes, then the photocopy of the proof thereof)

Place:
Date:                                                           (Signature of the Applicant)

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Thursday, 5 June 2014

ADJUDICATION AS TO STAMPS


The provisions of The Karnataka Stamp Act, 1957 regarding Adjudication as to stamps are as below;

Adjudication as to proper stamps:
Section 31(1) When any instrument, whether executed or not and whether previously stamped or not is brought to the Deputy Commissioner, and the person bringing it applies to have the opinion of that officer as to the duty (if any) with which it is chargeable, and pays a fee of (one hundred rupees) the Deputy commissioner shall determine the duty (if any) with which, in his judgement, the instrument is chargeable.

(2) For this purpose the Deputy commissioner may require to be furnished with an abstract of the instrument, and also with such affidavit or other evidence as he may deem necessary to prove that all the facts and circumstances affecting the chargeability of the instrument with duty or the amount of the duty with which it is chargeable are fully and truly set forth therein, and may refuse to proceed upon any such application, until such abstract and evidence have been furnished accordingly:

Provided that –
a)No evidence furnished in pursuance of this section shall be used against any person in any civil proceeding except in any inquiry as to the duty with which the instrument to which it relates is chargeable; and

b)Every person by whom any such evidence is furnished, shall on payment of the full duty with which the instrument to which it relates, is chargeable, be relieved from any penalty which he may have incurred under this Act by reason of the omission to state truly in such instrument any of the facts or circumstances aforesaid.

Certificate by Deputy Commissioner.
Section 32(1) When an instrument brought to the Deputy Commissioner under section 31, is in his opinion, one of a description chargeable with duty, and

b)The duty determined by the Deputy Commissioner under section 31, or such a sum as, with the duty already paid in respect of the instrument, is equal to the duty so determined, has been paid, the Deputy Commissioner shall certify by endorsement on such instrument that the full duty (stating the amount) with which it is chargeable has been paid.

(2)When such instrument is, in his opinion, not chargeable with duty, the Deputy Commissioner shall certify in manner aforesaid that such instrument is not so chargeable.

(3) Subject to any orders made under Chapter VI, any instrument upon which an endorsement has been made under this section shall be deemed to be duly stamped or not chargeable with duty, as the case may be; and, if chargeable with duty, shall be receivable in evidence or otherwise, and may be acted upon and registered as if it had been originally stamped:

Provided that nothing in this section shall authorize the Deputy Commissioner to endorse-

a)Any instrument executed or first executed in India and brought to him after the expiration of one month from the date of its execution, or first execution, as the case may be;

b)Any instrument executed or first executed out of India and brought to him after the expiration of three months after it has been first received in the State of Karnataka; or

c)Any instrument chargeable with a duty not exceeding fifteen paise or a mortgage of crop (Article 35 (a) of the Schedule)  chargeable under clause (a) or (b) of section 3 with a duty of twenty-five paise, when brought to him, after the execution thereof, on paper not duly stamped.

c)Any instrument chargeable with a duty not exceeding fifteen paisa or a mortgage of crop chargeable under clause of section3 with a duty of twenty five paise,when brought to him, after the execution thereof on paper not duly stamped.

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