The Maintenance And Welfare Of Parents And Senior Citizens (Amendment) Bill, 2019

Object of the bill:

The object of the bill is to ensure need based maintenance for parents and senior citizens and their welfare. To serve the needy parents and senior citizens, with the active co-operation of the state government and union territory administrations. The bill proposes to make provisions for setting up old age homes for providing maintenance to the indigent older persons. The bill also proposes to provide better medical facilities to the senior citizens and provisions for prosecution of their life and property.

According to the bill:

“Children” – Includes son, daughter, grandson and granddaughter, but does not include a minor.

“Maintenance” – Include provisions for food, clothing, residence and medical attendance and treatment.

“Parents” – Means father or mother whether biological, adoptive or step father or step mother, a the case may be whether or not the father or the mother is a senior citizen.

“Relative” – Means any legal heir of the children senior citizen who is not a minor and is in possession of or would inherit his property after his death.

“Welfare: - Means provision for food, health care, recreation centers and other amenities necessary for the senior citizens.

Who can claim maintenance under this act:

A parent or a senior citizen including grandparent, who is unable to maintain himself to lead a life of dignity from his own earnings or out of the property owned by him and is either not maintained by his children or relatives or is neglected by them, shall be entitled to make an application for maintenance.

From whom the maintenance can be claimed:

1. Senior citizen can claim maintenance from his children and his grand children (grand children not being minor).
2. Can claim maintenance from any relative, if such relative is in possession of the property of such citizen or he would inherit the property of such senior citizen.
3. If there are more than one relative who shall inherit the property of senior citizen, in such a case, the maintenance shall be payable by such relative in the proportion in which they would inherit his property.

To whom and how the application of maintenance should be made:

An application for maintenance under Section 4 may be made to the Tribunal in person or by the register post or online by any other means by:-

1. A parent or senior citizen, against one or more children.
2. A childless senior citizen, against one or more relatives.
3. If such parent or senior citizen is incapable so to do, he may authorize any other person or organization to make such application on his behalf or the Tribunal may also take Suo motto cognizance of sun matter.

Duties of Tribunal:

On receipt of an application for maintenance, the tribunal may, after giving notice to children or relatives and after giving the parties an opportunity of being heard, hold an inquiry for determining the maintenance.

During the pendency of the proceeding for maintenance, the Tribunal may order, directing the children or relatives to pay monthly allowance towards interim maintenance.

Every application shall be disposed by the tribunal within a period of 90 days.

If the senior citizen is 80 years or above, such application shall be disposed of within a period of 60 days.

In exceptional circumstances and for reasons to be recorded in writing, the Tribunal may extend such period, only once for a maximum period of 30 days.

If the children or relatives fails to comply with the order:

If the children or relative, against whom an order for maintenance is passed, fails to comply with such order without sufficient cause, the tribunal may, on application made by the parent or the senior citizen, may issue a warrant for levying the amount due in the manner provided for levying fines.

In case if they fail to pay the fine levied, the Tribunal may sentence him to imprisonment for a term which may extend to one month or until the payment is made, whichever is earlier.

Duties of the government:

The government or an organization may establish or maintain senior citizens care homes/old age homes for providing residential facilities for the care of senior citizen or multi service day care center for senior citizens for providing day care facilities for senior citizens.

The government shall ensure that all hospitals, whether fully or partially funded by the government or private heath care institutions, provide beds for senior citizens as far as possible and necessary measures are taken to provide barrier free access for senior citizens in all health care and allied institutions.

In every police station, at least one officer, not below the rank of Assistant Sub-Inspector possessing aptitude, appropriate training and orientation shall be designed as the model officer for senior citizens to deal with issues relating to parents and senior citizens.

The state government shall establish and maintain helpline for safety and security of senior citizens having one common number across the nation and it shall be linked to health care facilities, police department and other related agencies.

Other salient features of the Act:

1. Who ever, having the care or protection of a parent or senior citizen, intentionally abuses or abandons such parent or senior citizen, shall be punishable with imprisonment for a term which shall not be less than 3 months, but which may extend to 6 months or with fine up to Rs. 10,000/- or with both.
2. When any senior citizen has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal.
3. If the senior citizen gives a complaint in police station, his complaint must be taken and investigation must be completed within 30 days.
4. The state government must encourage and regulate old age homes.