Disclosure of Assets of Members: NMC Expresses its Reservations to Health Ministry

New Delhi: Amid the rising pressure to make the details of the assets and liabilities of the NMC Chairman and members public, the National Medical Commission (NMC) has expressed its 'reservations' in this regard.

Writing to the Under Secretary of the Union Ministry of Health and Family Welfare (MoHFW), the Commission has mentioned about the reservations for uploading some of the personal information of the officers including the details of lands, jewellery, investments in banks/ financial institutions/ insurance policy i.e. numbers, addresses etc.

Urging the Ministry to review the prescribed forms mentioned in the National Medical Commission Act, 2019, the Commission has further requested it to furnish its decision on the matter on an urgent basis.

This comes after the pending issue of asset disclosure was raised by Kannur-based Health Activist Dr. KV Babu, who filed a Right to Information (RTI) application in this regard to the Prime Minister's Office. Consequently, the PMO directed the Union Health Ministry to take "appropriate action" in this regard. Apart from directing the Union Health Ministry to take action, the PMO also forwarded the complaint on non-disclosure of assets by the NMC members.

Also Read: NMC Disclosure of Assets: PMO Forwards Issue to Health Ministry for Appropriate Action

NMC Act 2019 on Asset Disclosure: 

The Chairperson and every member of NMC must declare their assets and liabilities at the time of entering the office and at the time of emitting it, mention the rules.

In this regard, Section 6(6) of the NMC Act 2019 States, "The Chairperson and every member of the Commission shall make declaration of his assets and his liabilities at the time of entering upon his office and at the time of demitting his office and also declare his professional and commercial engagement or involvement in such form and manner as may be prescribed, and such declaration shall be published on the website of the Commission."

The Issue: 

Medical Dialogues had earlier reported that alleging a lack of transparency in the functioning of the Commission, RTI activist Dr. Babu KV had previously filed several applications under the Right to Information (RTI) Act.

The first application was filed on April 6 and referring to Section 6(6) of the NMC Act 2019, Dr. Babu sought the details of disclosure by the Chairman and members of NMC along with the details of disclosure by those who demitted NMC. Later, he also filed several other applications. However, he did not receive any response from the Commission.

Thereafter, he wrote a letter to the Union Health Minister Mansukh Mandaviya on July 12 seeking response. Dr. Babu pointed out that NMC was violating the NMC Act and RTI Act 2005 and therefore, he urged the Union Health Ministry to invoke section 45 of the NMC Act 2019 and direct the Commission to comply with NMC Act 6(6) and disclose the assets and liabilities without any delay.

Also Read :Pressure on NMC, Health Ministry for asset disclosure of NMC members

Dr. Babu informed that he filed two more RTI applications on July 19 and September 12. On both occasions, he was informed that as per the records available in the MEI section, no such e-mail related to non-disclosure of the assets/liabilities of NMC members had been received.

Thereafter, Dr. Babu wrote to the PMO on October 16, 2023, and filed an RTI application on October 24, 2023. Consequently, he received an RTI Reply on 09.11.2023 mentioning that his application was forwarded to the Health Ministry.

NMC Letter to Health Ministry: 

Following this, the NMC has now written to the Union Health Ministry on December 12, 2023, and expressed its reservation regarding the demand for making the documents public.

In the letter, a copy of which is with the Medical Dialogues team, the Commission referred to the grievance received on 23.10.2023 from Dr. Babu K.V. and the State note of NMC dated 09.06.2023.

Referring to the para (5) of the said status Note, NMC mentioned in the letter, "With regard to uploading of the said Forms in NMC's website, there has been reservations for uploading some personal information of the officers, as prescribed in the Forms given in the said Rules in the public domain like complete details of lands, jewellery, investments in banks/ financial institutions/ insurance policy i.e. numbers, addresses etc. In view of the above concerns, it is requested to review the prescribed Forms given in the said Rules."

At this outset, NMC requested the Union Health Ministry to review the prescribed forms mentioned in the NMC Act. 2019 and furnish its decision on the matter on urgent basis. The Commission further urged the Ministry to convey its decision at the earliest in case it is felt that NMC has to go ahead and upload the forms, so that needful may be done by the Commission.

Commenting on the matter, Dr. Babu told Medical Dialogues, "Even though it is mandatory for the NMC members to disclose their assets, NMC did nothing in this regard until after my RTI was filed. They have waited for two and a half years. They should have done it earlier. This is the statute."

He further added, "NMC sent a communication in this regard on 9th June to the Ministry of Health. However, they remained silent on the matter afterward and it remained pending for 6 months. NMC never asked the Minister of Health what to do. It is around 2 months after my complaint to the PMO on 16th October, NMC is writing to the Ministry on 12th of December. They remained silent till my complaint to the PMO. It clearly shows that they were sabotaging the process of asset disclosure on the website."

"I am hopeful that there will now be an action after the involvement of the PMO. As per the letter dated December 12, some of the officers have objected to making it public, If there is any objection, they should relinquish their posts," he mentioned.

When asked why NMC members must make these documents public, he added, "Removal of MCI was following the allegations of corruptions. The parliamentary committee report was also critical of the MCI functioning and alleged that it was not transparent. NMC cannot go the MCI way again. They have to be transparent. That is why it has been made a part of the statute itself."

Also Read: NMC refuses to disclose Details Of Assets and liabilities of its members, RTI unanswered