Money matters
Maintenance And Welfare Of Parents & Senior Citizens (Amendment) Act, 2018
A draft Bill termed “MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS (AMENDMENT) ACT, 2018 is pending consideration. The Act proposes to amend the existing Act. The salient features of the proposed Amendment Act are detailed below:
(1) The concept of the right to “live with Dignity” recognised and introduced into Act.
(2) The concept of “Well being” of parent/senior citizen recognised.
(3) The definition of ‘children’ has been expanded to include a biological or adoptive/step son/daughter, son-in-law, daughter-in-law, grandson, granddaughter and a minor through his/her legal guardian.
(4) The term “Maintenance” to include “safety and security, provision for food, clothing, housing, medical attendance, treatment”.
(5) The age for availing facilities and benefits extended by the Central and/or Stage Government, Semi Government and private organisations has been uniformly fixed at 60 years.
(6) “Welfare” has been defined to mean provision for food, housing, clothing, safety and security, health care, recreation and other amenities for the “well being” of parents and senior citizens.
(7) Provisions have been made for establishing Multi-Service Day Care Centres and Senior Citizens Care Homes for senior citizens.
(8) The concept of partnership (PPP) with voluntary agencies and non-Governmental organisations for implementation has been given recognition and made permissible.
(9) The time limit for completion of proceedings before the Maintenance Tribunal namely 90 days to be computed from the date an application for maintenance is received by the Tribunal and not from the date notice of the application is received by the children or relative.
(10) Parameters for the Tribunal to determine the quantum of maintenance would be:
• to ensure a “reasonable standard of living” for a senior citizen or parent;
• source of income/earnings of the senior citizen/parent and children;
• requirement of the senor citizen/parent;
(11) The limit of Rs.10, 000/- per month as maintenance is sought to be removed and determination is to be based upon needs of the senior citizens.
(12) The Maintenance Officer is made liable to enforce orders of the Maintenance Tribunal.
(13) The right to file an appeal against any orders of the Maintenance Tribunal is sought to be conferred also upon the children and/or relatives. However, in case of appeal by children/relative, it would be a precondition that the maintenance allowance that has been ordered is infact paid to parent/senior citizen.
(14) The concept of “Old Age Home” has been substituted by the concept of “Senior Citizens Care Home”.
(15) Recognizing the changing social scenario and value systems, provisions have been made for establishing Multi-Service Day Care Centres and Senior Citizens Care Homes for senior citizens.
(16) Minimum standards for senior citizens care homes and multi-service day care centres to be prescribed by the Central Government.
(17) Section 23 of the existing Act, which provides for cancellation of instruments of transfer is sought to be amended to make it more effective. The proposed amendment would be that if a senior citizen or a parent has transferred his or her property by way of gift or otherwise, subject to the following conditions:
(a) that the transferee would provide basic amenities and physical needs such as food, clothing, residence, medical attendance, treatment, recreation etc., to the senior citizen or parent to lead a life of dignity;
(b) that the transferee shall not further transfer or sell the said property without the consent of the senior citizen or a parent and if the transferee refuses or fails to provide such amenities, the instrument of transfer be declared void by the Tribunal.
…And if the transferee refuses or fails to provide such amenities, the instrument of transfer could be declared void by the Tribunal at the instance of the parent/senior citizen.
(18) A definition of the word “abuse” has been introduced. It has been defined to mean negligence in such a manner which causes physical or mental suffering, assault or injury to a parent or senior citizen, by children or relatives who are obliged to take care of them leading to a decreased quality of life.
While some steps have been taken to promote elder welfare the Elder’s community in India needs a far greater degree of attention and care. Substantial and far reaching measures are required to ensure the emotional well being of Elders. One hopes that in the near future Elders will be given their fair share of rights to ensure that the dawn of their lives is made happy and joyful.
— By Shiv Kumar
Comments
Navin Kushwaha
21 Sep, 2020
It's a bitter truth that senior citizens, parents are being ignored , neglected, tortured by their own children's in their own earned properties. It's very shameful and common problem in Majority families . This law may prove a boon to help the old aged, ailing persons , subject to prompt attention and favour from judiciary . Navin Kushwaha
Dr Anand
20 Apr, 2020
Respected sir, I always respect senior citizen and cane know about the act. Thank you so much, for enlightening our knowledge. I am a senior citizen, a retired teacher. Thanks sir, From Dr Anand 20 th April 2020
Rajendra Gupta
25 Dec, 2019
मेरे लडके की शादी को हà¥à¤ दस साल हो गये । लेकिन मेरा पà¥à¤¤à¥à¤° व उसकी पतà¥à¤¨à¥€ दà¥à¤µà¤¾à¤°à¤¾ ना तो हमारी कोई सेवा की जाती है और ना ही बीमारी मे हमारा ईलाज कराया जाता है । साथ ही हमारे साथ अà¤à¥à¤°à¤¦ वà¥à¤¯à¤µà¤¹à¤¾à¤° किया जाता है । हमारे मकान व हमारी हर चीज पर अधिकार जमा रखा है । हमारा जीना दà¥à¤°à¥à¤²à¤ कर रखा है । à¤à¤¸à¥€ सà¥à¤¥à¤¿à¤¤à¤¿ में हम कà¥à¤¯à¤¾ करें ?
Srinivas
20 Dec, 2019
This act was published in 2007 by center and was adopted by my current state(A.P.) in 2011. So, Is this act applicable for Gift deeds that are made after the year 2007 or 2011? Thanks.
Narinder Singh Walia
20 Nov, 2019
When a state government makes action plan it does not fix the time limit for the district magistrate to finalize the process of eviction. As a result the senior citizens and parents get harassed from officers who do not give priority to senior citizens and parents. The central government should fix it in the amendment sec 32 (2)(f) . The officers try that they should not take action. They lack guts.
Paul Thomas
15 Nov, 2019
Large number of Sr. Citizens are tortured physically, mentally & financially who are weak & helpless and unable to withstand. This situation is very serious issue that elderly people are killed. The expressions of various people reflecting demands immediate attention and action is dire need of this time. Paul Mob: 8800095033
Suresh Gupta
18 Oct, 2019
This Sr. Citizens act 2007 is already passed and applicable all over India. For more details OR any help for Senior Citizens send me the mail with your problems. seniorcitizensact2007@gmail.com
Vinay Shah
20 Aug, 2019
What's the position of THIS LAW AS ON TO DAY ?? I THANKS IN ADVANCE TO PERSON WHO GIVES ME PROPER REPLY . MY EMAIL :. vjshah@aiindia.com.
Lakshminarayan
17 Aug, 2019
Yes, there are plenty number of Sr.Citizens /Parents are really in need of this law to be effective immediately, but our central Govt. reeling under so many national security issues, Natural calamities support management etc., and apart from this issues all most all political parties are indulged in their own party images to build, Alas this Sr.citizens and older parents issues are not in their priority list let us pray that Cosmic Force to influence them to bring this amended/revised Sr.Citizen/older parents bill passed at the earliest.,
Anonymous
15 Aug, 2019
When this bill will be passed in the parliament.
Savita
31 Jul, 2019
When it will be passed
Om Prakash Verma
29 Sep, 2018
It will prove a mile stone for betterment of senior citizens life and to live with self respect and dignity.
Anonoymous
14 Jun, 2018
[…] A draft bill with substantial amendments to the act is pending consideration. Click here to read the amendments. […]
Anonoymous
13 Jul, 2014
[…] https://silvertalkies.com/mainurance-welfare-parents-senior-citizens-amendment-am-2014/ […]
Anonoymous
12 Jul, 2014
[…] https://silvertalkies.com/maintenance-welfare-parents-senior-citizens-amendment-act-2018/ […]
Prabhat Das
25 Nov, 2013
Whether original 2007 bill was adopted by all the state governments. As per my understanding the bill will not effected in the state unless that particular state adopts it. Can someone please clarify.
Gopal Roychoudhury
18 Nov, 2013
Me and my wife being Senior Citizen of Kolkata is being harased by my daughter,Son in Law,and Daughter in Law supported by my son and neibors and club.If the bill is passed now we could be saved or else we two may have to leave the house or commit suicide either or this two may happen in our life.my only earning is my EPF pention of 1200/- per month.All my income during life tenuor has been exhausted for my childrens education and marriage..
Richa
10 Nov, 2013
It should pass asap because now a days the parents are the sufferer either in the case of daughter in law or in case of son, or in case after marriage returned father home girls. And the girls who have returned back from their in lawas place creating nonsense in parents own home and trying to grab parents property through many ways. More sham on this that kanoon n police are also treating parents in a cruel way......shame on such type of children shame shame shame
Joseph
13 Oct, 2013
When this amendment will be passed? When the States will adopt it and pass for implementation? How long I have to wait for justice as I am 72 and it looks like I will not get justice before I die.
Anonymous
22 Sep, 2013
How much time it will take to pass this amendment draft bill of Sr citizen act 2018.
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