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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