What is it?
- The act defines senior citizen as any citizen of India aged 60+, whether living in India or not.
- Every Senior Citizen who is unable to maintain himself from his own income, can claim maintenance from his children.
- A childless Senior Citizen can claim maintenance from his relative who is in possession of, or would inherit his property.
Maintenance Tribunals
- State Governments are to constitute “Maintenance Tribunal” at Sub Divisional Level.
- Senior Citizen may submit application for maintenance to this tribunal.
- If Senior Citizen is incapable of making a application himself, any other person or registered NGO can file complaint on his behalf.
- State Governments have designate the District Social Welfare Officer or an equivalent officer as Maintenance Officer, who can then represent a parent, on request, before a Maintenance or Appellate Tribunal.
- Lawyers cannot represent any party before the Tribunals
Punishments
- Maintenance Tribunal can award up to Rs. 10,000 per month as maintenance allowance payable to the senior citizen by his child/relative. They’ve to give judgment in 90 days.
- If child/relative is neglecting the senior citizen after getting his property, then Tribunal Appeal can declare such property transfer null and void and return it to the senior citizen.
- Abandonment of a Senior citizen is punishable with imprisonment up to 3 months and or Rs. 5000
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