Benefits for Senior Citizens

India defines Senior Citizens and super Senior Citizens as any one above the age of 60 or above to be stated as a senior whereas anyone who is 80 and beyond.

This definition isn’t just a limitation to the books of accounts for the perpose of tax incentives or just a phrase but a reality for ensuring that not one but all people that fall in this bracket get an equal human treatment in almost all possible spheres in order to make their lives easier during their second innings of life .

Here are some of the useful benefits that can help senior citizens apart from the maintaiance of senior citizens (as provided under the Maintainance of senior citizens act ) save their monthly budgets:

Travel discounts

Air travel: Permanent Indian residents who have attained 60 years of age on or before the date of the journey can attain 50 percent discount on base fares in economy class for travel within India.

Railway: Women over 58 years old can attain 50 percent discount and men over 60 years of age can attain 40 percent discount on fares of all classes of Mail/Express/Rajdhani/Shatabdi/Jan Shatabdi/Duronto trains.

Bus: Some state governments provide concession on travel fare or reserved seats in state-owned buses.

Passport: Police verification which is usually conducted before issuing a passport can be postponed to after issuance in case of senior citizens. The condition for the facility is that they have to submit a copy of their child staying abroad (over 18 years of age) with a page of their name on it with the application form.

Some passport kendras also allow “walk-in” facility to senior citizens, which means they do not need to make an appointment in advance.

Banking

Residents over 60 years of age are given senior citizen interest rates on their deposits. The interest is 0.5 to 1 percent over the normal rates. The 5-year senior citizen savings scheme also allows the account holder to gain 8.3 percent per annum interest on their deposits. However, the interest received is taxable on Fds as well SCSS.

Banks also offer special savings accounts for senior citizens and separate queues for them.

Special schemes

Varishta Mediclaim Policy by National Insurance offers senior citizens between 60 to 80 years a maximum assured sum of Rs 1 lakh on hospitalization and Rs 2 lakh for critical illness.

The Varishtha Pension Bima Yojana 2017 by LIC provides an assured pension (maximum Rs 5,000 per month) with 8 percent guaranteed return for 10 years. A maximum of Rs 7,50,000 can be invested in the scheme to avail pension on a monthly, quarterly, half-yearly or annual basis.

Lower tax

To ease the financial burden, total income (for the year) up to Rs 3 lakh for senior citizens and Rs 5 lakh for super senior citizens (over 80 years old) is not taxable.

Up to Rs 30,000 can be exempted from tax deduction on contribution towards health insurance premium under section 80D of Income Tax Act 1961.

For expenses towards the treatment of certain illnesses up to Rs 60,000 can be exempt from tax under section 80DDB. The limit for super senior citizens can be increased to Rs 80,000.

Other benefits

Special registration and clinical examination facilities are available for senior citizens in certain hospitals.

Health insurance premium of up to Rs 30,000 gets tax deduction under Section 80D of Income Tax Act 1961.

The Senior Citizen’s Saving Scheme is available to all seniors over the age of 60. It offers interest of 8.4% per annum.

* Senior citizens get 0.5% higher interest rate on fixed deposits than the standard rate

LOWER CHARGES
Their telephone bills are subsidised

* BSNL: Senior citizen over 65 are eligible for registration of telephone on priority. Registration charges are also waived for them.

* MTNL: Senior citizen over 65 are eligible for 25% concession on installation charges and monthly service charges for landlines connections.

OTHER BENEFITS
Banks, hospitals, etc. make special allowances for them

* Separate queues for the elderly in hospitals for registration and clinical examination.

*Senior citizens over the age of 60 can write to the court for preferential hearing of their cases.

* Senior citizens can be issued a passport on post police verification basis if they submit a copy of the passport of their child (above 18) staying abroad (with a page having their name) as an additional document along with their application form.

* Bank branches have separate queues for the elderly.

*Most banks have special accounts for senior citizens that offer facilities like issuing senior citizen cards, priority service at branches, etc

* Senior citizens suffering from a critical illness can avail a tax deduction of up to Rs 60,000 under Section 80DDB. The limit is increased to Rs 80,000 for super seniors.

Senior citizens over 60 years can write to the court to seek a preferential hearing of their cases.

Latest Amendments

Section 80 D: Section 80 D is an important tax-saving section as it gives deduction in taxable income, if the tax-payer pays health insurance premium for medical coverage. Senior citizens were already allowed a maximum deduction of Rs. 30,000 under this section which has now been increased to Rs.50,000 in the latest budget 2018. All senior citizens are recommended to invest in a suitable health insurance plan for medical emergencies and also avail the savings in income tax.

Section 80 DDB: Section 80 DDB of income tax act allows exclusive deduction for senior citizens for medical treatment of specified diseases. In the latest budget 2018, deductions under this section has been increased to Rs.100,000 for senior citizens (60-80 years) as well as for super senior citizens. These specified diseases include neurological diseases, AIDS, malignant cancer and hematological disorders. Deduction under this section has been increased keeping in mind rising medical inflation.

Important feature of this Section is that this deduction is available on the expenditure incurred by a senior citizen taxpayer on the treatment of specified diseases for self or spouse, dependent parents, children, brother and sister. It is very important as the costs incurred on healthcare are rising.

Section 80 TTB: In the latest budget 2018, senior citizens have been given special bonanza by introduction of a new section 80TTB. Under this section, all senior citizens will enjoy tax-free interest on saving accounts, banks fixed deposits, recurring deposits, as well as deposit in Post Offices up to a maximum limit of Rs.50,000 per year. Thus, a senior citizen in 30% tax bracket will save additional Rs.15,000 as lower income tax liability.

Various Government Scheme’s

Integrated Program for Older Persons (IPOP)
This program is run by The Ministry of Social Justice and Empowerment. Under this program, grants are given for running and maintenance Old Age Homes, Day Care Centres, Mobile Medicare Units, Multi Facility Care Centre for Older Widows etc. The main objective of the Scheme is to improve the quality of life of Older Persons by providing basic amenities like shelter, food, medical care and entertainment opportunities etc. Implementing agencies eligible for assistance under the Scheme are Panchayati Raj Institutions/Local Bodies, Non-Governmental Voluntary Organizations, etc. Funds under the Scheme of IPOP are not released to the States, but released to the implementing agencies like NGOs etc.

Action Point: Details of old age homes receiving grants under this are available on the ministry’s website. One can visit these homes and admit old age people who have nobody to take care of.

Rashtriya Vayoshri Yojana (RVY)
This scheme is also run by The Ministry of Social Justice and Empowerment. This is a Central Sector Scheme funded from the Senior Citizens’ Welfare Fund. The fund was notified in the year 2016. All unclaimed amounts from small savings accounts, PPF & EPF are to be transferred to this fund.

Under the RVY scheme, aids and assistive living devices are provided to senior citizens belonging to BPL category who suffer from age related disabilities such as low vision, hearing impairment, loss of teeth and loco-motor disabilities. The aids and assistive devices viz. walking sticks, elbow crutches, walkers/crutches, tripods/quadpods, hearing aids, wheelchairs, artificial dentures and spectacles are provided to eligible beneficiaries. The Scheme is being implemented by Artificial Limbs Manufacturing Corporation of India (ALIMCO) which is a Public Sector Undertaking under the Ministry of Social Justice and Empowerment.

The estimated outlay of the Scheme is Rs. 483.6 crore up to 2019-20. The Scheme will be implemented in 260 districts and benefit 5,20,000 beneficiaries up to 2019-20. The list of selected districts and other features of the scheme are available on the PIB website. The beneficiary identification will be done by a committee at the district level headed by the District Collector and the distribution of kits will be done in a camp mode. Till date, the scheme has benefitted over 38000beneficiaries against the target of 5,20,000 by 2019-20.

Action Point: Get old age people with such ailments in the identified districts to approach the District Collector’s office to know more about the upcoming camps and take advantage of the scheme.

Indira Gandhi National Old Age Pension Scheme (IGNOAPS)
The Ministry of Rural Development runs the National Social Assistance Program (NSAP) that extends social assistance for poor households- for the aged, widows, disabled and in the case of death of the breadwinner. This is in addition to the benefits that the State Governments extend to these people. Under this scheme, financial assistance is provided to person of 60 years and above and belonging to family living below poverty line as per the criteria prescribed by Government of India. Central assistance of Rs. 200/- per month is provided to person in the age group of 60-79 years and Rs. 500/- per month to persons of 80 years and above.

Funds under the schemes of NSAP are released on the basis of reports submitted by States/UTs. A total of Rs 5901 crore was released under the scheme in 2016-17.

Action Point: Find out the details of the relevant state scheme and get eligible old age people around you apply for the pension.

Varishtha Pension Bima Yojana(VPBY)
This scheme is run by the Ministry of Finance. The Varishtha Pension Bima Yojana(VPBY) was first launched in 2003 and then relaunched in 2014. Both are social security schemes for Senior Citizens intended to give an assured minimum pension on a guaranteed minimum return on the subscription amount. These Schemes are implemented through Life Insurance Corporation(LIC) of India, which is paid the difference between the actual yield earned by LIC on the funds invested under the scheme and the assured return of 9% committed by the Government. Both the schemes VPBY 2003 and VPBY 2014 are closed for future subscriptions. However, policies sold during the currency of policy are being serviced as per the commitment of guaranteed 9% return announced by the Government under the schemes. As on 31st March 2017, a total of  2,74,885 beneficiaries and 3,11,981 beneficiaries are being benefited under VPBY 2003 and VPBY 2014 respectively.

The Pradhan Mantri Vaya Vandana Yojana(PNVVY) was launched in May 2017 to provide social security during old age. This is a simplified version of the VPBY and will be implemented by the Life Insurance Corporation(LIC) of India. Under the scheme, on payment of an initial lump sum amount ranging from Rs. 1,50,000  for a minimum pension of Rs. 1000 per month to a maximum of Rs. 7,50,000/- for a maximum pension of Rs. 5,000  per month, subscribers will get an assured pension based on a guaranteed rate of return of 8% per annum payable monthly/quarterly/half-yearly/annually. The duration of the scheme will be for a period of ten years and the scheme is opened for subscription for a period of one year i.e. from 4th May, 2017 to 3rd May, 2018. As on 30th November 2017, a total of number of 1,83,842 persons are being benefited under PMVVY.

Action Point: The PMVVY is open for subscription till May 2018. Get old age people around you who are eligible for this scheme to explore and subscribe.

National Program for the Health Care of Elderly (NPHCE)
The Ministry of Health & Family Welfare had launched the ‘National Programme for the Health Care of Elderly’ (NPHCE) during 2010-11 to address various health related problems of elderly people. The major objectives under district level activities of the NPHCE are to provide dedicated health facilities in District Hospitals, Community Health Centres (CHCs), Primary Health Centres (PHCs) and Sub-Centres (SCs) levels through State Health Society. The health care facilities, being provided under this program, are either free or highly subsidised The Following facilities are being provided under the Program.

Geriatric OPD and 10 bedded Geriatric Ward at District Hospitals.

Bi-weekly Geriatric Clinic at Community Health Centres (CHCs)

Weekly Geriatric Clinic at Primary Health Centre (PHCs).

Provision of Aids and Appliances at Sub-centres.

The Centre will bear 75% of the total budget and the State Government will contribute 25% of the budget, for activities up to district level.

Senior Citizen Act

The Senior Citizen Act or also known as ” The Maintenance And Welfare of Parents and Senior Citizens Act of the year 2007 “, was made for providing more effective provisions for the maintenance and welfare of Parents as well as Senior Citizens.

Where once families lived united at a place today the concept of nuclear families has taken a spree with increasing and imlighted incidents of intolerance , greed , inadequate ability to adapt, frustrations ( social or work related), competition, ego etc. The moving ahead of the society has both its pros and cons whr nuclear families take a big leap ahead similarly the concept of old age homes has also taken a self respect worthy step ahead.’it i just as the phrase of the movie , ” Munna Bhai Lagge raho”, where the parents have themselves opted to live independently after taking due care of their children in order to keep them independent and live their second innings with and around their friend circle in order to be able t relive those days yet again and every development gets with it some odds one of which became the property for which the entire issue once arose and reorganising a rise in this approach of the Society a new law , an entire new act was hence formed for the constitutional protection of not just Parents but Senior Citizens to keep them safe from all ills of the society.

The International Day of older persons is celebrated annually on October 1 and as far as India Is concerned the rights of older/elder persons are the entitlements and independence claimed as senior citizens (i.e. above 60 years of age). Parents as per section 2 (d) has been defined as , “father or mother whether biological, adoptive or step-father or step-mother, as the case may be, whether or not the father or the mother is a senior citizen ” and Senior Citizens under section 2 (h) as “any person being a citizen of India, who has attained the age of sixty years or above.”

OBJECT

The act came into force with the objective :-

1. Provide Maintenance
2. Compulsion on Children for taking care
   
3. obligation to maintain respect/dignity
4. Protection from social ills
5. First Right on property or to protect ones own property 
6. Disown Children
7. All possible and sufficient care including from any legal heir or relative capable
8. simple, speedy and inexpensive mechanism for the protection of life and property of the elderly

Note – For this purpose the provision of Punishment for not paying the monthly allowance could be a fine of Rupees 10,000 or imprisonment of up to 3 months or both

Directions of the Government for every State

• Set up more old age homes in every District
• Set up tribunals for this purpose
• Fix the monthly allowance
• Mechanism for the purpose of Maintenance
• Mechanism for the purpose of Protection
• Mechanism for the purpose of Right to Property
• Proper Police Protection
• Provisions for Medical Care
• Protection of Property of Senior Citizens
• Spread Awareness, publicise etc. 

From Whom Maintenance Can be Taken

• Daughter in law
• Son in law
• Son
• Daughter
• Grand son
• Grand daughter
• Relative/Any other legal heir who would otherwise have inherited property

Note – That if any of the following falls under the definition of Minor (As per Indian Majority Act so being 18 years of age ) shall not be included. 

Who Can Claim

• Biological Parent/’s ( Father and Mother )
• Biological Single Parent
• Biological Grand Parent/’s
• Adoptive Parent/’s
• Adoptive Single Parent
• Adoptive Grand Parent/’s
• Step Parent/’s
• Step Single Parent
• Step Grand Parent/’s
• Any Senior Citizen ( Age 60 )

NOTE- Any person who is responsible for the protection and care of a senior citizen and intentionally abandons the senior citizen completely is liable to pay a fine of Rs 5,000 or be imprisoned for 3 months or both.

What Can Be Claimed

• movable property
• immovable property 
• tangible property
• intangible property
• inherited property
• self acquired property
• rights in property
• interest in property

Understanding Maintenance

The Dictionary of oxford defines maintenance as :

”   1. The process of preserving a condition or situation or the state of being preserved.

2. The process of keeping something in good condition.

3. The provision of financial support for a person’s living expenses, or the support so provided.

4. The offence of aiding a party in a legal action without lawful cause. “

As per the MWPSC act section 2 (b) clearly states that , “it is provision for food , clothing, residence, medical attendance and treatment.”

Note- 
Maintenance can be claimed only if they are unable to maintain themselves from property owned or from own earning.

Who can Apply (section 5)

• The senior citizen himself
• Any other person or registered voluntary organisation authorised by them
• The Tribunal itself can initiate an enquiry

Jurisdiction

• Current Residence
• Past Residence
• Childrens Residence
• Relatives Residence

Order by District Magistrate of Maintenance

Once an order is passed by the Maintenance Tribunal, a copy of the order must be provided free of cost to the person who will receive maintenance. If the other person is ordered to pay a sum, such amount must be deposited within 30 days of the announcement of the Tribunal’s order.

The failure to pay maintenance without sufficient reason will result in a warrant for collecting the due amount. If the person does not pay maintenance even after the warrant is executed, the person is liable to imprisonment for a maximum of 1 month or until the amount is paid, whichever is earlier. The application for enforcement of maintenance must be filed within 3 months from the date on which it became due. Otherwise the application will be dismissed.

The order can also be revised to alter or cancel the maintenance amount if there is any material change in circumstance of the claimant, misrepresentation (an innocent, unintentional, false statement) or mistake of fact (wrong belief about a fact).

Some Citations from various Cases

• “Once a senior citizen makes a complaint to the district magistrate against the children for vacation of the premises, such summary procedure will ensure benefit of the parents. The children will have no right to resist the eviction only on the grounds that the law does not contemplate eviction of an occupant,” 
• “Eviction is one part of the right to protect the property of a senior citizen, which could be exercised by a senior citizen in terms of provisions of the statute, rules framed and the action plan notified ”
• “children can remain occupants till he or she enjoys the goodwill of a parent.”
• ” The government shall earmark a room/portion for parents in the house, telling the children to move out/away from there if need be. If the child does not comply, he will be jailed for six months.”
• ” Whoever, having the care or protection of seniorcitizen leaves, such seniorcitizen in any place with the intention of wholly abandoning such seniorcitizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both “
• ” the aforesaid Act provides maintenance for parents from both sons and daughters, grand-daughters and grand- sons making it clear that no gender distinction is made in the duty cast upon them in maintaining the parents/grand-parents. Hence, the Insurance Company could not deny compensation on the ground that the appellants were not dependents of their deceased married daughter.”

Procedure

• A parent or senior citizen can submit an application for maintenance and welfare to ‘Maintenance Tribunal’ (Senior Citizen Forum) located in the concerned district.
• Parents or Senior citizens can also authorize a representative (should not be a lawyer)to file the petition on their behalf.
• Parents or Senior citizens can submit an application under Section (5) of this Act to get monthly maintenance from their children or grand-children.
• On receiving the application, the Tribunal will give Acknowledgement to the applicant.
• After scrutinizing the application, Tribunal will send a ‘Show Cause Notice’ to the opposite party.
• If the opposite party appears and accepts his / her liability to maintain the applicant, and the two parties arrive at a mutually agreed settlement, the Tribunal shall pass an Order accordingly.
• In case, the opposite party does not agree with the Tribunal’s order then the matter will be referred to ‘Conciliation Officer’.
• The Conciliation officer (any person as authorised with the consent of the court) will hold meetings with the two parties and try to work a settlement acceptable to both the parties, within a period of 30 days from the date of receipt of reference.
• If both parties agree to the settlement order then the Tribunal shall pass a final order as agreed in such settlement.
• In case, if either of the parties disagree then the Tribunal will give its Final order based on certain details –
  • Amount needed by the applicant to meet his basic needs, especially food, clothing, accommodation, and healthcare,
  • Income of the opposite party (Children / Grand children)
  • Value of, and actual and potential income from the property, if any, of the applicant which the opposite party would inherit and/or is in possession of.

Procedure for Eviction by the state of Punjab

Procedure for eviction from property/residential building of Senior Citizens/ parent:

(i) Complaints received (as per provisions of the Maintenance of Parents and Senior CitizensAct,2007) regarding life and property of Senior Citizens by different Department/Agenciesi.e. Social security, Sub Divisional Magistrate, Police Department, NGOs/Social Worker,Helpline for Senior Citizens and District Magistrate himself, shall be forwarded to the DistrictMagistrate of the concerned district for further action.

(ii) The District Magistrate shall immediately forward such complaints/ applications to theconcerned Sub Divisional Magistrates for verification of the title of the property and facts ofthe case through revenue department/concerned Tehsildars within 15 days from the date ofreceipt of such complaint/application.

(iii) The Sub Divisional Magistrates shall submit its report to the District Magistrate for finalorders within 21 days from the date of receipt of the complaint/application,

(iv) If the District magistrate is of opinion that any son or daughter or legal heir of a seniorcitizens/ parents are in unauthorized occupation of any property as defined in theMaintenance and Welfare of parents and Senior Citizens act 2007, and that they should beevicted, the District Magistrate shall issue in the manner hereinafter provided notice inwriting calling upon all persons concerned to show cause as to why an order of evictionshould not be issued against them/him/her.

(v) The Notice shall:-

(a) Specify the ground on which the order of eviction is proposed to be made; and

(b) Require all persons concerned, that is to say, all persons who are, or may be, inoccupation of, or claim interest in the property/premises, to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than ten days from the date of issue thereof.

(c) The District magistrate shall cause the notice to be served by having it affixed on the outer door or at some other conspicuous part of the public premises and in such othermanner as may be prescribed, whereupon the notice shall be deemed to have been duly given/served to all persons concerned.

Actions related to Police Department

1. The Senior Superintendent of Police of each district and in case of district having aCommissioner ate system, such police commissioner will take all necessary steps subjectto-such guidelines as the state government may issue from time to time, for the protectionof life and property of senior citizens (as defined in the Act) in the state.
2.  Each police station will maintain an up to date list of senior citizens living within itsjurisdiction, especially those who are living by themselves (i.e. without there being anymember in the households who is not a senior citizen) as format enclosed Annexure-I.This register will be updated every 3 months.
3. A representative of the police station along with (as far as possible) a social worker orvolunteer, will visit such senior citizens at regular intervals and should remain accessible atthe time of distress as in emergency cases on receipt of a request for assistance.
4. Complaints/problem of senior citizens will be promptly attended by the local police.
5.  One or more volunteers committee(s) will be formed for each police station which will ensure regular contact between the senior citizens, especially those living by themselves,on the one hand and the police and the district administration on the other.
6. The Commissioner of Police/Senior Superintendent of Police will give wide publicity in the media and through the police station, of the steps being taken for the protection of life and property of senior citizens. This will be in addition to publicity to be given by public relations department and district administration.
7. Crime against senior citizens should be attended to promptly. Each police station will maintain two registers, one containing all important particulars relating to offences committed against senior citizens, particularly those concerned with their safety and the other with their complaints/grievances (other than crime) and efforts should be need to get these redressed from appropriate authorities through Deputy Commissioner at the earliest.
8. The register referred to in clause (7) will be kept available for public inspection, and every officer (Police, Judicial or Executive Magistrate) inspecting a police station will invariably review the status as reflected in the register.
9. All police stations will maintain new register titled “Visits to Senior Citizens Register” for monitoring the visit of beat staff to the senior citizens. This register would be maintained beat wise i.e. one register for every beat and while making the door to door visit the beat official would obtain the signature of the senior citizens as a token of acknowledgement of their visit. The senior citizen register would be maintained. A monthly report regarding the visits to senior citizens by the beat staff will be sent by Police Station to the CP/SSP through in charge Community Relations Unit (CRU),who will compile the reports and put up to the Inspector General of Police.
10. List of Do’s and Don’ts as prepared by concerned Commissioner of Police/SeniorSuperintendent of Police to be followed by senior citizens in the interest of their safety andwill be widely publicized (safety protocols to be followed).
11. Antecedents of domestic servants and others working for senior citizens shall be promptly verified, on the request of such citizen. Senior citizens will be responsible to give information about domestic servants, tenants and landlords.
12. Community policing and activating system of the beat constables along with adequatepatrolling will be undertaken in consultation with citizens living in the locality. Efforts shouldbe made to rope in volunteers, members of civil society, resident welfare associations,NGOs etc.
13. The police station will send a monthly report of (a) crimes against senior citizens and(b) grievances of senior citizens to the Commissioner of Police/Senior Superintendent of the Police, as the case may, by the 10 of every month on the same format, in which two registers are maintained. In addition, it will send a summary statement on Investigation and trial of cases of crime against senior citizens in prescribed format.
14. The Police Commissioner/Senior superintendent of Police shall submit to the Directorate General of Police, Punjab and the District Magistrate a monthly report by the 20 of every month, about the nature/status of crimes against senior citizens
15. Director General of Police, Punjab will cause the reports submitted under clause 13 to be compiled, once a quarter, and submit the same to the Principal Secretary (Home) with a copyto Director, Social Security every quarter as well as every year for, inter alia, being placed before the State Council of Senior Citizens constituted under Rule 24 by Director, Social Security.
16. Interactive sessions/programs will be carried out in order to redress their grievances especially in the presence of Residence welfare Associations(RWAs) and other members of the family.
17. Punjab Police has also provided toll free senior citizens help line 181 in order to provide a quick and responsive access to the senior citizens. The multiple modes of contact for thishelp line include, dial 181 from phone, SMS at 7696-181-181, Fax No. 0172 – 6626181,E-mail- help@181pph.com and Portal- http://www.l8lpph.com, when calling from abroad 0091-172- 2298543.The toll free no 181 is being manned round the clock. On receipt of telephone calls requiring assistance, the PCR operator would send the nearest PCR vehicle to the senior citizens. When immediate help is required, the operator would also inform the concerned police station for sending police officials. Whenever the matter relates to other department, the concerned department would be informed for taking appropriate action..
18. The State Government has launched an ‘Integrated Police Helpline’ for multi-mode policingrd for Women, Children, Senior Citizens and NRIs on 23 Aug, 2013. The Inspector General of Police (NRI Affairs) is in charge of NRI wing and will act as nodal authority at state level for this helpline.
19. Several initiatives have been taken to interact with senior citizens and -pay special attention to the security of their life and property. Advisory Committee was constituted in each police station for institutionalizing police public interaction which should be continued.
20. A Community Relation Unit will be set up at District Police headquarters to monitor the neighborhood watch scheme, effectiveness of police-public interactions, door-to-door visit by beat staff, special measures taken for the senior citizens, redressal of public grievances,etc.
21. The Inspector General of Police, Human Right Cell will act as Nodal Police officer at State level and will monitor all the progress/work done under this Act.
22. A list of senior citizens (as per Annexure-I) maintained in each police station will be sent to the CP/SSP through in charge Community Relation Unit. CP/SSP will nominate a Superintendent of Police rank officer as district nodal officer, who will maintain consolidated record of senior citizens

Purpose of Filling Application

• The transfer of property, irrespective of whether it is a gift or not, must be after the commencement of the Act.
• The property must be transferred by attaching some conditions that require the person to whom the property is transferred to provide basic amenities and physical needs to the senior citizen.
• The other person must have failed to or refused to provide the amenities and physical needs to the senior citizen.

If senior citizens have the right to receive maintenance from an estate and the estate is transferred, either partly or wholly, then the right to maintenance can be claimed from the person to whom the property has been transferred when:

1. The person to whom the property has been transferred for consideration has the notice of the right; or

2. The transfer is gratuitous.

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Senior Citizen Act

The Senior Citizen Act or also known as " The Maintenance And Welfare of Parents and Senior Citizens Act of the year 2007 ", was made for providing more effective provisions for the maintenance and welfare of Parents as well as Senior Citizens.

Where once families lived united at a place today the concept of nuclear families has taken a spree with increasing and imlighted incidents of intolerance , greed , inadequate ability to adapt, frustrations ( social or work related), competition, ego etc. The moving ahead of the society has both its pros and cons whr nuclear families take a big leap ahead similarly the concept of old age homes has also taken a self respect worthy step ahead.'it i just as the phrase of the movie , " Munna Bhai Lagge raho", where the parents have themselves opted to live independently after taking due care of their children in order to keep them independent and live their second innings with and around their friend circle in order to be able t relive those days yet again and every development gets with it some odds one of which became the property for which the entire issue once arose and reorganising a rise in this approach of the Society a new law , an entire new act was hence formed for the constitutional protection of not just Parents but Senior Citizens to keep them safe from all ills of the society.

The International Day of older persons is celebrated annually on October 1 and as far as India Is concerned the rights of older/elder persons are the entitlements and independence claimed as senior citizens (i.e. above 60 years of age). Parents as per section 2 (d) has been defined as , "father or mother whether biological, adoptive or step-father or step-mother, as the case may be, whether or not the father or the mother is a senior citizen " and Senior Citizens under section 2 (h) as "any person being a citizen of India, who has attained the age of sixty years or above."

OBJECT

The act came into force with the objective :-

Provide Maintenance
Compulsion on Children for taking care
obligation to maintain respect/dignity
Protection from social ills
First Right on property or to protect ones own property 
Disown Children
All possible and sufficient care including from any legal heir or relative capable
simple, speedy and inexpensive mechanism for the protection of life and property of the elderly

Note - For this purpose the provision of Punishment for not paying the monthly allowance could be a fine of Rupees 10,000 or imprisonment of up to 3 months or both

Directions of the Government for every State

Set up more old age homes in every District
Set up tribunals for this purpose
Fix the monthly allowance
Mechanism for the purpose of Maintenance
Mechanism for the purpose of Protection
Mechanism for the purpose of Right to Property
Proper Police Protection
Provisions for Medical Care
Protection of Property of Senior Citizens
Spread Awareness, publicise etc. 

From Whom Maintenance Can be Taken

Daughter in law
Son in law
Son
Daughter
Grand son
Grand daughter
Relative/Any other legal heir who would otherwise have inherited property

Note - That if any of the following falls under the definition of Minor (As per Indian Majority Act so being 18 years of age ) shall not be included. 

Who Can Claim

Biological Parent/'s ( Father and Mother )
Biological Single Parent
Biological Grand Parent/'s
Adoptive Parent/'s
Adoptive Single Parent
Adoptive Grand Parent/'s
Step Parent/'s
Step Single Parent
Step Grand Parent/'s
Any Senior Citizen ( Age 60 )

NOTE- Any person who is responsible for the protection and care of a senior citizen and intentionally abandons the senior citizen completely is liable to pay a fine of Rs 5,000 or be imprisoned for 3 months or both.

What Can Be Claimed

movable property
immovable property 
tangible property
intangible property
inherited property
self acquired property
rights in property
interest in property

Understanding Maintenance

The Dictionary of oxford defines maintenance as :

"   1. The process of preserving a condition or situation or the state of being preserved.

2. The process of keeping something in good condition.

3. The provision of financial support for a person's living expenses, or the support so provided.

4. The offence of aiding a party in a legal action without lawful cause. "

As per the MWPSC act section 2 (b) clearly states that , "it is provision for food , clothing, residence, medical attendance and treatment."

Note- 
Maintenance can be claimed only if they are unable to maintain themselves from property owned or from own earning.

Who can Apply (section 5)

• The senior citizen himself
• Any other person or registered voluntary organisation authorised by them
• The Tribunal itself can initiate an enquiry

Jurisdiction

Current Residence
Past Residence
Childrens Residence
Relatives Residence

Order by District Magistrate of Maintenance

Once an order is passed by the Maintenance Tribunal, a copy of the order must be provided free of cost to the person who will receive maintenance. If the other person is ordered to pay a sum, such amount must be deposited within 30 days of the announcement of the Tribunal’s order.

The failure to pay maintenance without sufficient reason will result in a warrant for collecting the due amount. If the person does not pay maintenance even after the warrant is executed, the person is liable to imprisonment for a maximum of 1 month or until the amount is paid, whichever is earlier. The application for enforcement of maintenance must be filed within 3 months from the date on which it became due. Otherwise the application will be dismissed.

The order can also be revised to alter or cancel the maintenance amount if there is any material change in circumstance of the claimant, misrepresentation (an innocent, unintentional, false statement) or mistake of fact (wrong belief about a fact).

Some Citations from various Cases

“Once a senior citizen makes a complaint to the district magistrate against the children for vacation of the premises, such summary procedure will ensure benefit of the parents. The children will have no right to resist the eviction only on the grounds that the law does not contemplate eviction of an occupant,” 
“Eviction is one part of the right to protect the property of a senior citizen, which could be exercised by a senior citizen in terms of provisions of the statute, rules framed and the action plan notified ”
"children can remain occupants till he or she enjoys the goodwill of a parent."
" The government shall earmark a room/portion for parents in the house, telling the children to move out/away from there if need be. If the child does not comply, he will be jailed for six months."
" Whoever, having the care or protection of seniorcitizen leaves, such seniorcitizen in any place with the intention of wholly abandoning such seniorcitizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both "
" the aforesaid Act provides maintenance for parents from both sons and daughters, grand-daughters and grand- sons making it clear that no gender distinction is made in the duty cast upon them in maintaining the parents/grand-parents. Hence, the Insurance Company could not deny compensation on the ground that the appellants were not dependents of their deceased married daughter."

Procedure

A parent or senior citizen can submit an application for maintenance and welfare to ‘Maintenance Tribunal’ (Senior Citizen Forum) located in the concerned district.
Parents or Senior citizens can also authorize a representative (should not be a lawyer)to file the petition on their behalf.
Parents or Senior citizens can submit an application under Section (5) of this Act to get monthly maintenance from their children or grand-children.
On receiving the application, the Tribunal will give Acknowledgement to the applicant.
After scrutinizing the application, Tribunal will send a ‘Show Cause Notice’ to the opposite party.
If the opposite party appears and accepts his / her liability to maintain the applicant, and the two parties arrive at a mutually agreed settlement, the Tribunal shall pass an Order accordingly.
In case, the opposite party does not agree with the Tribunal’s order then the matter will be referred to ‘Conciliation Officer’.
The Conciliation officer (any person as authorised with the consent of the court) will hold meetings with the two parties and try to work a settlement acceptable to both the parties, within a period of 30 days from the date of receipt of reference.
If both parties agree to the settlement order then the Tribunal shall pass a final order as agreed in such settlement.
In case, if either of the parties disagree then the Tribunal will give its Final order based on certain details -
Amount needed by the applicant to meet his basic needs, especially food, clothing, accommodation, and healthcare,
Income of the opposite party (Children / Grand children)
Value of, and actual and potential income from the property, if any, of the applicant which the opposite party would inherit and/or is in possession of.

Procedure for Eviction by the state of Punjab

Procedure for eviction from property/residential building of Senior Citizens/ parent:

(i) Complaints received (as per provisions of the Maintenance of Parents and Senior CitizensAct,2007) regarding life and property of Senior Citizens by different Department/Agenciesi.e. Social security, Sub Divisional Magistrate, Police Department, NGOs/Social Worker,Helpline for Senior Citizens and District Magistrate himself, shall be forwarded to the DistrictMagistrate of the concerned district for further action.

(ii) The District Magistrate shall immediately forward such complaints/ applications to theconcerned Sub Divisional Magistrates for verification of the title of the property and facts ofthe case through revenue department/concerned Tehsildars within 15 days from the date ofreceipt of such complaint/application.

(iii) The Sub Divisional Magistrates shall submit its report to the District Magistrate for finalorders within 21 days from the date of receipt of the complaint/application,

(iv) If the District magistrate is of opinion that any son or daughter or legal heir of a seniorcitizens/ parents are in unauthorized occupation of any property as defined in theMaintenance and Welfare of parents and Senior Citizens act 2007, and that they should beevicted, the District Magistrate shall issue in the manner hereinafter provided notice inwriting calling upon all persons concerned to show cause as to why an order of evictionshould not be issued against them/him/her.

(v) The Notice shall:-

(a) Specify the ground on which the order of eviction is proposed to be made; and

(b) Require all persons concerned, that is to say, all persons who are, or may be, inoccupation of, or claim interest in the property/premises, to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than ten days from the date of issue thereof.

(c) The District magistrate shall cause the notice to be served by having it affixed on the outer door or at some other conspicuous part of the public premises and in such othermanner as may be prescribed, whereupon the notice shall be deemed to have been duly given/served to all persons concerned.

Actions related to Police Department

The Senior Superintendent of Police of each district and in case of district having aCommissioner ate system, such police commissioner will take all necessary steps subjectto-such guidelines as the state government may issue from time to time, for the protectionof life and property of senior citizens (as defined in the Act) in the state.
 Each police station will maintain an up to date list of senior citizens living within itsjurisdiction, especially those who are living by themselves (i.e. without there being anymember in the households who is not a senior citizen) as format enclosed Annexure-I.This register will be updated every 3 months.
A representative of the police station along with (as far as possible) a social worker orvolunteer, will visit such senior citizens at regular intervals and should remain accessible atthe time of distress as in emergency cases on receipt of a request for assistance.
Complaints/problem of senior citizens will be promptly attended by the local police.
 One or more volunteers committee(s) will be formed for each police station which will ensure regular contact between the senior citizens, especially those living by themselves,on the one hand and the police and the district administration on the other.
The Commissioner of Police/Senior Superintendent of Police will give wide publicity in the media and through the police station, of the steps being taken for the protection of life and property of senior citizens. This will be in addition to publicity to be given by public relations department and district administration.
Crime against senior citizens should be attended to promptly. Each police station will maintain two registers, one containing all important particulars relating to offences committed against senior citizens, particularly those concerned with their safety and the other with their complaints/grievances (other than crime) and efforts should be need to get these redressed from appropriate authorities through Deputy Commissioner at the earliest.
The register referred to in clause (7) will be kept available for public inspection, and every officer (Police, Judicial or Executive Magistrate) inspecting a police station will invariably review the status as reflected in the register.
All police stations will maintain new register titled "Visits to Senior Citizens Register" for monitoring the visit of beat staff to the senior citizens. This register would be maintained beat wise i.e. one register for every beat and while making the door to door visit the beat official would obtain the signature of the senior citizens as a token of acknowledgement of their visit. The senior citizen register would be maintained. A monthly report regarding the visits to senior citizens by the beat staff will be sent by Police Station to the CP/SSP through in charge Community Relations Unit (CRU),who will compile the reports and put up to the Inspector General of Police.
List of Do's and Don'ts as prepared by concerned Commissioner of Police/SeniorSuperintendent of Police to be followed by senior citizens in the interest of their safety andwill be widely publicized (safety protocols to be followed).
Antecedents of domestic servants and others working for senior citizens shall be promptly verified, on the request of such citizen. Senior citizens will be responsible to give information about domestic servants, tenants and landlords.
Community policing and activating system of the beat constables along with adequatepatrolling will be undertaken in consultation with citizens living in the locality. Efforts shouldbe made to rope in volunteers, members of civil society, resident welfare associations,NGOs etc.
The police station will send a monthly report of (a) crimes against senior citizens and(b) grievances of senior citizens to the Commissioner of Police/Senior Superintendent of the Police, as the case may, by the 10 of every month on the same format, in which two registers are maintained. In addition, it will send a summary statement on Investigation and trial of cases of crime against senior citizens in prescribed format.
The Police Commissioner/Senior superintendent of Police shall submit to the Directorate General of Police, Punjab and the District Magistrate a monthly report by the 20 of every month, about the nature/status of crimes against senior citizens
Director General of Police, Punjab will cause the reports submitted under clause 13 to be compiled, once a quarter, and submit the same to the Principal Secretary (Home) with a copyto Director, Social Security every quarter as well as every year for, inter alia, being placed before the State Council of Senior Citizens constituted under Rule 24 by Director, Social Security.
Interactive sessions/programs will be carried out in order to redress their grievances especially in the presence of Residence welfare Associations(RWAs) and other members of the family.
Punjab Police has also provided toll free senior citizens help line 181 in order to provide a quick and responsive access to the senior citizens. The multiple modes of contact for thishelp line include, dial 181 from phone, SMS at 7696-181-181, Fax No. 0172 - 6626181,E-mail- help@181pph.com and Portal- www.l8lpph.com, when calling from abroad 0091-172- 2298543.The toll free no 181 is being manned round the clock. On receipt of telephone calls requiring assistance, the PCR operator would send the nearest PCR vehicle to the senior citizens. When immediate help is required, the operator would also inform the concerned police station for sending police officials. Whenever the matter relates to other department, the concerned department would be informed for taking appropriate action..
The State Government has launched an 'Integrated Police Helpline' for multi-mode policingrd for Women, Children, Senior Citizens and NRIs on 23 Aug, 2013. The Inspector General of Police (NRI Affairs) is in charge of NRI wing and will act as nodal authority at state level for this helpline.
Several initiatives have been taken to interact with senior citizens and -pay special attention to the security of their life and property. Advisory Committee was constituted in each police station for institutionalizing police public interaction which should be continued.
A Community Relation Unit will be set up at District Police headquarters to monitor the neighborhood watch scheme, effectiveness of police-public interactions, door-to-door visit by beat staff, special measures taken for the senior citizens, redressal of public grievances,etc.
The Inspector General of Police, Human Right Cell will act as Nodal Police officer at State level and will monitor all the progress/work done under this Act.
A list of senior citizens (as per Annexure-I) maintained in each police station will be sent to the CP/SSP through in charge Community Relation Unit. CP/SSP will nominate a Superintendent of Police rank officer as district nodal officer, who will maintain consolidated record of senior citizens

Purpose of Filling Application

The transfer of property, irrespective of whether it is a gift or not, must be after the commencement of the Act.
The property must be transferred by attaching some conditions that require the person to whom the property is transferred to provide basic amenities and physical needs to the senior citizen.
The other person must have failed to or refused to provide the amenities and physical needs to the senior citizen.

If senior citizens have the right to receive maintenance from an estate and the estate is transferred, either partly or wholly, then the right to maintenance can be claimed from the person to whom the property has been transferred when:

1. The person to whom the property has been transferred for consideration has the notice of the right; or
2. The transfer is gratuitous.

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