ANTI-CORRUPTION LAW- SERIES-15
ANTI-CORRUPTION
LAW- SERIES-15
Maintenance and Welfare of Parents and
Senior Citizens Act, 2007
Aging is a natural
process, and the person starts suffering from some physical inability,
sometimes starts losing his mental ability and many such problems have to be
faced by the people who are old. Thus, they need someone to take care of them
and support them financially if they aren’t in a position to earn.
Therefore, Ministry Of Law And Justice drafted a legislature
titled ‘The Maintenance and Welfare of Parents and Senior Citizens Act’
(hereinafter referred to as the Act), and it was published on December 31,
2007, after receiving the assent of President on December 29, 2007. As
mentioned in Section 1 of the Act, it shall come into force in a State on
such date as the State Government may appoint. The Act mentions that the person
would be considered as a ‘senior citizen’ if he is a citizen of India and has
attained the age of 60 years or above.
Who is entitled to
claim maintenance under this Act (Section 4)
Section 4 of the Act mentions that a senior citizen
including a parent who is unable to maintain himself from his own earning or
property owned by him can claim maintenance.
The Act further states that, if the person claiming the
maintenance is a parent or grandparent, then he can do so against one or more
of his children not being a minor. However if the claimant is a childless
senior citizen, then he can do so against his relative. Here ‘relative’ would
mean any legal heir of the childless senior citizen who is not a minor and is
in possession of or would inherit his property after his death.
Extent of the
liability
In determining the extent of the obligation, it has been
stated that the obligation of the children or relative, as the case may be, to
maintain a senior citizen or parent (either father or mother or both) extends
to the needs of such citizen or parent so that the claimant may lead a normal
life.
This Act, however, doesn’t seek to make it an absolute
obligation on the relatives of a senior citizen. The Act states that a relative
from whom such maintenance is being claimed must have sufficient means to
maintain such claimant. Further, the Act also attaches a proviso to it, which
states that such person should either have the possession of the property of
such senior citizen, or he would inherit the property of such senior citizen.
On fulfilling the above-mentioned conditions only, the relative can be asked to
maintain the senior citizen.
The Act, contains another proviso, which talks about the
proportionate payment by all relatives if there are more than one and all are
entitled to inherit the property of a senior citizen, the maintenance shall be
payable by such relative in the proportion in which they would inherit his
property.
Application for
maintenance
An application for claiming maintenance as mentioned under
section 4, before a Tribunal as constituted under Section 7 of the Act, may be
made
·
by a senior citizen or
a parent, as the case may be; or
·
if he is incapable, by
any other person or organisation authorised by him; or
·
the Tribunal may take
cognizance on its own (suo motu).
The Tribunal then will issue the notice to the child or relative
or other concerned parties. The Tribunal is also empowered to make such interim
orders regarding monthly allowances for maintaining the parent or senior
citizen, and can ask the child or relative to pay the maintenance amount during
the pendency of the original application, as it thinks fit. Also such order has
to be made by Tribunal within 90 days from the date of service of the notice.
However in exceptional circumstances, the Tribunal may extend such time for a
further period of 30 days.
Order for maintenance
The Tribunal may pass an order directing children or relatives
to make a monthly allowance at such monthly rate for the maintenance of such
senior citizen or parent, as it thinks fit, to such parent or senior citizen.
However, before passing such order the Tribunal has to take care of these
points:
1.
that the children or
relatives, as the case may be, have neglected or refused to maintain that
parent or the senior citizen concerned.
2.
that the parent or
senior citizen, as the case may be, is unable to maintain himself; and
3.
that the Tribunal is
satisfied with such neglect or refusal by the children or relatives.
The maximum maintenance allowance which may be ordered by such
Tribunal should be prescribed by the State Government, but the amount in no
case can exceed ten thousand rupees per month.
The Tribunal has further been given the power to review its
order under Section 10 of the Act. It states that where it is proved that there
was any misrepresentation or mistake of fact or a change in the circumstances
of any person has to take place, who has been receiving a monthly allowance,
then in those situations, the Tribunal is empowered to make such alteration, as
it thinks fit, in the allowance for the maintenance. The exercise of this
power, however, is upon the discretion of the Tribunal, as is indicated by the
use of the word ‘may’ in Section 10 of the Act.
The Tribunal is also empowered to vary or cancel the earlier
orders regarding monthly allowances, if the Tribunal considers it fit to do so,
in consequences of any decision passed by any competent Civil Courts.
Protection of life and
property of Senior citizens
In the situations where a senior citizen after the
commencement of this Act, has transferred his property( movable or immovable),
by way of gift or any such transfer, but the condition that the transferee
shall provide him basic amenities and physical needs, is attached with the
transfer, and thereafter such transferee refuses or fails to fulfill such
condition, such transfer of property shall be deemed to have been made by
fraud, coercion or undue influence and the Tribunal can declare such transfer
as void.
Before this Act came into existence, the only remedy available
to senior citizens in such a cases was to approach the court to ask for
the maintenance from the children to whom he had transferred the property but
then also such property would be the exclusive property of the transferee and
the senior citizen had no right on such property. But by applying the
provisions of this Act, a senior citizen can reclaim his property from the
transferee.
Duties of State Government
The importance of the interference by the State Government, for
proper implementation, can be understood by looking at Section 1 itself. It
states that the Act would come into force on such date as the State Government
decides. The Act mentions various duties which the State Government has
to fulfill. Following are some of the duties:
Establishment of old-age
homes
The Act makes it compulsory for the State Government to
establish and maintain at least one old-age home in each district to
accommodate a minimum of one hundred fifty senior citizens who are indigent.
Providing medical support
The State Government shall ensure that
· the hospitals which
are controlled by the Government or hospitals which receive whole or part of
their funds from the Government, shall provide beds for all senior citizens as
far as possible;
· separate queues be
arranged for senior citizens, so that they don’t have to wait long in the
queue;
· facility for treatment
of chronic, terminal and degenerative diseases is expanded for senior citizens;
· research activities
for chronic elderly diseases and ageing is expanded;
· there are earmarked
facilities for geriatric patients in every district hospital duly headed by a
medical officer with experience in geriatric care.
Measures for publicity,
awareness, etc. for welfare of senior citizens
The State Government shall take all measures to ensure that
·
the provisions of this
Act are given wide publicity through public media including the television,
radio and the print, at regular intervals;
·
the police officers
and the members of the judicial service, along with the Central and State
Government Officers, are given periodic sensitization and awareness training on
the issues relating to this Act;
·
effective
co-ordination between the services provided by the concerned Ministries or
Departments dealing with law, home affairs, health and welfare, to address the
issues relating to the welfare of the senior citizens and periodical review of
the same is conducted.
Power of State
Government to make rules
The Act confers wide powers to the State Government to
make rules for carrying out the purposes of this Act
Every rule made under this Act shall be laid, as soon as it is
made, before each House of State Legislature, where it consists of two Houses
or where such legislature consists of one House, before that House.
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S.No
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Dear Ngo leaders promote
activities such as :-
(All forms of
corruption must be ended to secure the basic rights of all people and ensure
a world where everyone can live in dignity)
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1.
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Organize, communicate, and raise awareness on Anti corruption
laws to your target people.
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2.
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Identify the victims and witnesses of corruption in your
working area
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3.
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Identify the need of Legal consultancy for Consumer rights,
women’s rights, Child rights, aged rights, revenue, education, documents
registration, social welfare, public and temple property panchayat, forest,
insurance, and all government department corruptions related issues etc
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4.
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Contact for such issues with an affidavit and we will make the
difference
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We also know that
corruption can’t be rooted out in one big sweep. Rather, fighting it is a
step-by-step, project-by-project process.
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MANISHANKAR
CEO-Anti-Corruption
And Human Rights Movement®-Chennai
Mobile:91 9087856137
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