Pointers to Remember in Law to Protect Senior Citizens

1A. Hand outs

1. Senior Citizen

  • Who is 60+ years
  • Citizen of India
  • Living in India or abroad
  • Not in the State of Jammu and Kashmir

2. Maintenance Right of a Senior Citizen

  • Maintenance means-Food, clothing, shelter, medical attention includes treatment
  • Maintenance claims of the parents to be heard by Tribunal in a time bound manner.
  • Maintenance Relief when senior citizen is unable to maintain himself from his own earning or out of the property owned by him.
  • Includes subsistence allowance during pendency of proceedings

3. Children

  • The Act defines “children” as son, daughter, grandson and granddaughter who are not minor.

4. An Application for Maintenance before Tribunal

  • A senior citizen even if childless can file against those inheriting or possessing the property
  • If he is incapable, by any other person or organization authorized by him; or
  • The Tribunal may take cognizance on its own.
  • Disposed within ninety days from the date of the service of notice of the application to such person. Extension for a maximum period of thirty days in exceptional circumstances for reasons to be recorded in writing.
  • An appeal lies to the Appellate Tribunal to pronounce its order in writing within one month of the receipt of an appeal.

5. Maintenance Order

  • Maintenance Order given by the Tribunal will have the same effect as the maintenance order passed under Section 125 of Cr. PC and includes imprisonment up to One month and also issue a warrant for levying the amount due in the manner provided for levying fines.

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6. Medical Facilities for Senior Citizen

The State Government hospitals or hospitals funded fully or partially by the   Government shall:

  • Provide beds as far as possible;
  • Separate queues
  • Facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens;
  • Research activities for chronic elderly diseases and ageing is expanded
  • There are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer with experience in geriatric care.

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7. Jurisdiction /District of the Tribunal to Approach for Relief

  • Present residence of the Senior Citizen
  • Past residence of the Senior Citizen
  • Residence of the children or relatives

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