In terms of Section 2(h) of the Act, a senior citizen means a person who is a citizen of India, who has attained age of 60 years of above.
IN RELATION TO "THE MAINTENANCE & WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 READ WITH THE DELHI MAINTENANCE & WELFARE OF PARENTS AND SENIOR CITIZENS RULES, 2017"
A senior citizen is entitled to the following:
Mainly, the responsibility is placed upon the children and grand children (not being minors) of Senior citizens. However, in case of childless senior citizens, relatives who are legal heirs, provided they are in possession of property of such senior citizens or would inherit the property of such senior citizens, are also liable.
In terms of Section 5 of the Act, a senior citizen or parents may apply to the Maintenance Tribunal, seeking maintenance in the proper format. If such senior citizen is incapable to apply, application can be made by any other person or organization authorized by him/her.
Yes, the Delhi Government has established 11 District Tribunal Courts in the North, Central, South, New Delhi, South West, West, North East, East, North West, Shahdara and South East District., each of these Tribunals is headed by the concerned District Magistrate, which makes it imperative for their adult children or ward to look after and provide maintenance to senior citizens.
Yes, Rule 5 provides for prescribed format.
No. The senior citizens can themselves present their cases before the Tribunal and the Appellate Authority. In fact, Section 17 of the Act bars representation by a legal practitioner. They can seek assistance from the Maintenance officer to represent them.
Yes, in terms of Section 5(2) of the act, such powers have been specifically vested in the tribunals.
No, there is no such requirement prescribed.
Yes, in terms of Section 16 of the Act, any senior citizen or a parent aggrieved by an order of the Tribunal may appeal to the Appellate Tribunal. .
Yes, in terms of Section 9(2) of the Act, read with Rule 14, maximum maintenance allowance which can be awarded is Rs. 10,000/- per month.
In terms of Section 11 of the Act, the maintenance order can be executed in the manner provided in the Code of Criminal Procedure, 1973. This means that the Police machinery can be deployed to enforce the maintenance orders.
Yes. Section 5(4) of the Act requires the Maintenance Tribunal to dispose of the proceedings within 90 days of the service of application upon the opposite party. However, this period can be extended once for a maximum period of 30 days in exceptional circumstances and for the reasons to be recorded in writing. The Appellate Authority must also endeavor to dispose of the proceedings within one month from receipt of an Appeal in terms of Section 16(6) of the Act.
In this respect, the provisions of this Act and the Rules enable a senior citizen who is facing ill treatment or his not being maintained by his sons/daughter-in-laws or daughter or any other Legal Heir, who is residing with him in his property, to make an application before the Dy. Commissioner / District Magistrate of his district for eviction of such sons/daughter-in-laws/daughter or Legal Heir, from his property (whether ancestral or self acquired).
The proceedings are summary in nature and if after hearing both the parties the District Magistrate is of the opinion that senior citizen is being harassed by his sons/daughter-in-laws/any other Legal Heirs and yet is occupying the property of the senior citizen, he shall issue an eviction order against the concerned persons.
Yes. In terms of Section 23 of the Act where any senior citizen who, after commencement of the Act, has transferred by way of a gift or otherwise, the property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the senior citizens and if such transferee refuses or fails to provide the same, the 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 senior citizens be declared void by the Tribunal.
Yes, in terms of Section 24 of the Act, whoever, having the care or protection of a senior citizen leaves, such senior citizen in any place with an intention of wholly abandoning such senior citizen, shall be punishable with imprisonment for a term which may extend to three months or fine, which may extend to Rs. 5,000/- or both.