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Parents and Senior Citizens Act 2007

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The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is an effort towards maintenance support to elderly parents and senior citizens and for simple, speedy and effective relief to elderly persons. An effective mechanism to the senior citizens to facilitate the claims of maintenance from their children, grandchildren or relatives. This presentation shall help all to understand the fabric of this Legal Instrument

Published in: Law

Parents and Senior Citizens Act 2007

  1. 1. Welcome to Awareness Session on The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in
  2. 2. Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in Galaxy4u: Specialist in Legal Drafting!
  3. 3. Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 (No. 56 of 2007) For maintenance support to elderly parents and senior citizens and for simple, speedy and effective relief to elderly persons. An effective mechanism to the senior citizens to facilitate the claims of maintenance from their children, grandchildren or relatives. AT A GLANCE Chapter 1 - Preliminary Sections Chapter 2 - Maintenance of Parents and Senior Citizens Chapter 3 - Establishment of Old Age Homes Chapter 4 - Provision for Medical Care of Senior Citizens Chapter 5 - Protection of Life and Property of Senior Citizens Chapter 6 - Offences and Procedure For Trials Chapter 7 - Role of Government S. 1-3 S. 4-18 S. 19 S. 20 S. 21-23 S. 24-25 S. 26-32 7.
  4. 4. Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in Chapter 1 (S. 1-3) Preliminary • This Act extends to the whole of India except the State of J&K and it applies also it citizens of India outside India • “children” includes son, daughter, grandson and grand-daughter but does not include a minor • “maintenance” includes provisions for food, clothing, residence and medical attendance and treatment • “parent” means 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; • “relative” means 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 • “senior citizens” means any person being a citizen of India, who has attained the age of sixty years or above • “welfare” means provision for food, health care, recreation centres & other amenities necessary for the senior citizens
  5. 5. Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in Chapter II (S. 4-18) Maintenance of Parents and Senior Citizens A senior citizen including parents who is unable to maintain from his own earning or out of the property owned by him, shall be entitled to make an application (u/s 5) against one or more of his children not being a minor or certain relative. It is obligatory on children or relative to maintain a senior citizen extends to the needs of such citizen so that senior citizen may lead a normal life. Any person being a relative of a senior citizen and having sufficient means shall maintain such senior citizen provided he is in possession of the property of such citizen or he would inherit the property of such senior citizen. In cases of more relatives the maintenance shall be payable in the proportion in which they would inherit his property. Who can apply: An application for maintenance (u/s 4) can be made by (a) by a senior citizen or a parent (b) by any other person or registered organization* authorized by him; (c) or the Tribunal may take cognizance suo motu.
  6. 6. Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in SUMMARY TRIAL & FLEXIBLE JURISDICTION Notice, Application & Inquiry Tribunal & Maintenance Appellate Tribunal (AT) Notice to the children or relative (one or more). Children or relative may implead others. Application to be disposed within 90 -120 days after parties are heard. Inquiry for deciding amount of maintenance. Reference to Conciliation Officer for his report within 30 days. SDO to head Tribunal & have all the powers of a Civil Court Deliberate neglect - ex parte order. Maximum maintenance is INR 10000 p.m. Simple interest is payable & Compliance in 30 days. Non Compliance of Order leads to warrant and Imprisonment up to 1 month for non payment of Maintenance allowance DM (District Magistrate) shall be AT. Appeal within 60 days from the date of the order. Delay can be condoned. AT shall serve a notice to the respondent and AT may call for the record of proceedings AT may allow / reject appeal within 30 days and order shall be final. Order copies to parties FOC. Legal practitioner not allowed & District Social or Maintenance Officer can represent Senior Citizens. The Tribunal may order interim maintenance allowance.
  7. 7. Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in Chapter III & IV (S. 19-20) Old Age Homes & Medical Care • Old age home at least 1 in each district to care minimum of 150 indigent senior citizens • Scheme for standards and various types of services necessary for medical care and means of entertainment to the inhabitants. • The Government or funded hospitals shall provide beds for all senior citizens • Separate queues be arranged for senior citizens • Facility for treatment of chronic, terminal and degenerative diseases • Research activities for chronic elderly diseases and ageing • Earmarked facilities for geriatric patients in every district hospital dully headed by a Geriatric Medical Officer
  8. 8. Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in Chapter V (S. 21-23) Protection of Life and Property of Senior Citizens • Wide publicity through public media including TV, Radio and Newspapers • Sensitization and awareness training on the issues relating to this Act • Co-ordination among Ministries / Department dealing with law, home affairs, health & welfare. • Many Collector Offices – Have started Senior Citizen Helpline. • Comprehensive action plan for providing of life and property of senior citizens. • Transfer of property – If any senior citizen has transferred his property and is deprived of basic amenities and basis physical needs, then such transfer shall be construed as by fraud and coercion and can be declared void. Government or any organization can initiate action against illegal transfer.
  9. 9. Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in Chapter VI-VII (S. 26-32) Offences And Procedure For Trial & Miscellaneous: • Punishment with imprisonment of either description for a term which may extend to 3 months or fine which may extend to INR 5000 or with both • Offence is Cognizable and bailable • Offence to be tried by Summary Trial by a Magistrate • Every officer or staff shall be deemed to be a public servant. No injunction by Civil Court • The Central Government may make periodic review and monitor the progress of the implementation • The manner of holding inquiry • The power and procedure of the Tribunal
  10. 10. Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in Galaxy4u: Specialist in Legal Drafting! Avinash Murkute (LL.M. - International Laws) Galaxy4u, Kothrud, Bavdhan, Baner, Pashan, Hinjewadi, Pirangut, Pune, Maharashtra, India Mobile: +91-9822698070, +91-9637796308 (WhatsApp)| Web: www.Galaxy4u.in This presentation is for Legal Awareness Purposes only.

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