MWPSCA - Important Amendments proposed in draft bill - public comments invited

MOSJE has uploaded the draft Amendments to MWPSCA for comments from public to be made within three weeks (from when, not mentioned). I found it yesterday and here is
a gist / list of amendments. Not after thorough reading, though. In depth study of pdf attached is required. Just for info and quick action if any.

My gut feeling: Almost all important recommendations made during several meetings, seminars, conferences and regional consultations have been taken care of. I took part in four such meetings.

1. Definition of "children" includes DIL and SIL

2. Definition of Senior citizen (60+) applicable for all central and state govt benefits meant  for senior citizens.

3. New definitions: Multi service center and Senior Citizen Care Home

4. Section 9(2) ceiling of Rupees 10K for award / compensation removed

5. Order of tribunal to be displayed in office and website

6. Section 11(3) If children do not heed he may be imprisoned till he pays up

7. Maintenance order to be enforced by MO

8. Section 5(4) Application for maintenance should be disposed off within 90 days of receipt of application date (as against 90 days of Tribunal serving notice to children)

9. Maintenance Officer given lots of responsibilities

10. Section 19(1) Senior Citizen Care Homes SHALL (as against 'may') be established.

11. Requirement of "indigent" seniors removed for setting up OAH

12. Minimum standards and model rules shall be framed by central govt

13. Regulatory body to monitor functioning of SCCH (OAH) shall be set up at state level

14. Sections on Health Care, Protection of property and self -- have been strengthened

15. Elder abuse defined. Three months jail & 10 K fine for abusers

16. Heavy emphasis on State / Center joint responsibility in all sections witnessed.
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Dr P Vyasamoorthy
040-27846631 / 09490804278

​When the speaker of a mobile handset is located at the bottom what is the best way to enhance sound?​

AISCCON delegation on MWPSCA to MOSJE 31st August 2016

Aisccon delegation - National Consultation on MWPSCA with MOSJE by Padmanabha Vyasamoorthy on Scribd

CONCESSIONS AND FACILITIES GIVEN TO SENIOR CITIZENS Part 7

CONCESSIONS AND FACILITIES GIVEN TO SENIOR CITIZENS

M.V.Ruparelia

(as of May 2011)

Part 7 Law: MWPSCA 2007

26. Maintenance & Welfare of Parents & Senior Citizens Act, 2007 (Act 56) has been passed by Parliament and has been made law. It will have far reaching effects on Senior Citizens of India. This Act includes the following aspects:-

a) Senior Citizens can claim maintenance from children/grand children. b) Tribunal shall decide such claims expeditiously. c) Property of Senior Citizens shall be protected from forcible transfer. d) A Geriatric Ward shall be provided in every District Level Hospital. e) An Age Old Home shall be available in each District. f) Abandoning a Senior Citizen shall be punishable with imprisonment of 3 months or fine up to Rs 5000 or both. Many States have legislated similar Acts and established Tribunals. Some States have yet to act. Maharashtra has notified Rules on 23-6-10 and has nominated tribunals also.

State Council of Senior Citizens to be formed to advise government [Tamilnadu]

State Council of Senior Citizens to be formed to advise government

Special Correspondent

CHENNAI: A State Council of Senior Citizens will be formed to advise the government on effective implementation of the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Act.

It will be chaired by the Chief Secretary and comprise heads of various government departments and seven non-official members nominated by the government.

Further, district committees will be formed under the chairmanship of the District Collector to ensure implementation at that level.

Laying down the rules for the Act, the government, in a gazette notification, declared that it was the duty of the Collector to monitor and oversee the working of old age homes in the district, so as to ensure that they conformed to standards.

Each Collector, along with the district's Superintendent of Police, would have to ensure that the life and property of senior citizens of the district were protected and that they were able to live with security and dignity.

Under the rules, each police station will be required to maintain up-to-date list of senior citizens living within its jurisdiction, especially those who are living by themselves.

A representative of the police station, along with a social worker or volunteer, is required to visit such senior citizens at regular intervals of at least once a month; apart from rendering assistance as soon as a request is made.

The SP must submit a monthly report about the status of crimes against senior citizens.
State Council of Senior Citizens to be formed to advise government (14 January 2010)
 

http://justsamachar.com/local/state-council-of-senior-citizens-to-be-formed-to-advise-government/?r=http://www.thehindu.com/2010/01/05/stories/2010010553690400.htm
 http://snipurl.com/u2n8z

Tribunal orders elderly couple’s son, daughter-in-law to vacate parents’ flat

Happy to report first case under MWPSCA in Delhi
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Tribunal orders elderly couple's son, daughter-in-law to vacate parents' flat

Gaurav Vivek Bhatnagar

NEW DELHI: In the first ever case under the Maintenance and Welfare of
Parents and Senior Citizens Act, 2007, that came into effect on
October 1 this year on International Senior Citizens' Day, the
Maintenance Tribunal of the Central District of Delhi on Tuesday
ordered the son and daughter-in-law of a septuagenarian man to vacate
his house in Prasad Nagar here after he accused them of ill-treating
and harassing him and his wife.

A senior Delhi Government official said the case acquires significance
since following the Lotika Sarkar case attempts are being made to
protect the rights of senior citizens across the country. Under the
new Act, even a gift deed can be invalidated by the maintenance
tribunals. These tribunals are also empowered to impose penalties up
to Rs.10,000 and award up to three months' imprisonment.

Seventy-two-year-old Komal Singh, a resident of 40-B, LIG Flats,
Prasad Nagar, in his complaint had stated that his 34-year-old son
Brijesh and 33-year-old daughter-in-law Manpreet Kaur live along with
him with their only child.

He complained that Brijesh, his only son, got married in November 2003
to Manpreet Kaur and they requested that they be allowed to stay in
the family house for a month after their marriage. However, they did
not vacate the house thereafter and started harassing the petitioner
by direct and indirect methods, Mr. Singh charged.
Ill-treatment

The senior citizen also submitted that his wife, who is about 66 years
old, is disabled and suffers from cardiac problems and diabetes. He
charged that she had also been ill-treated and harassed by his son and
daughter in-law. He also complained to the Tribunal that he and his
wife had been subjected to physical cruelty and torture and complaints
had been made to the local police in this regard.

The Tribunal, comprising Additional District Magistrate and Presiding
Officer A. V. Prem Nath and Members C. P. Gupta and N. N. Dewan,
ordered the Sub-Divisional Magistrate of Karol Bagh to submit a
fact-finding report and on going through it said the petitioner had
genuine safety concerns and was feeling intimidated by the opposite
party who happen to be his own son and daughter-in-law.

It said that "as a responsible father who brought up his only son and
got him married twice and planned for his rosy future", the applicant
and his ailing wife had "initiated some steps in order to work
constructively together to heal their family feud. But the same
required a commitment from his son and daughter-in-law who were not
reciprocating".

Noting that "Brijesh Kumar and his wife have not refrained from
soliciting other people's support to their 'cause' of evicting their
parents from the latter's house", the Tribunal said it was "unable to
effect reconciliation or push for any healing process or sit as
mediator between the fighting parties".
One week's time

Satisfied that there were "reasonable grounds" to believe that "there
has been family violence, ill-treatment and cruelty against
applicant/petitioner; there is a risk of further violence by
respondents Brijesh Kumar and his wife if they continue to live in the
house owned by the applicant/petitioner; and there is a risk or threat
to life of applicant/petitioner and his ailing wife if there is to be
a delay in not restoring his legally owned house to the
applicant/petitioner who is 72 years old", the Tribunal ordered the
young couple to vacate the flat within one week.

It also directed the Station House Officer of the Prasad Nagar police
station to ensure this without fail and file the compliance report
before the Registrar or a Designated Officer of the Tribunal by
October 28.

Source:
http://www.thehindu.com/2009/10/21/stories/2009102158660100.htm

Dr P Vyasamoorthy,
30 Gruhalakshmi Colony Secunderabad 500015 Ph 040-27846631 / 9490804278
http://www.google.com/profiles/vyasamoorthy.

TN govt to soon notify rules for maintenance of elderly persons

TN govt to soon notify rules for maintenance of elderly persons

Julie Mariappan, TNN 5 October 2009, 06:25am IST

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CHENNAI: Here is a warning. You could be imprisoned or fined or be
subjected to both if you abandon your elderly parents. The Tamil Nadu
government is set to notify rules for the Maintenance and Welfare of
Parents and Senior Citizens Act, 2007, to help tribunals in each
district decide on the order of maintenance for elderly citizens, who
complain about being neglected by their children.

"The social welfare department, in consultation with the law
department, is fine-tuning the rules and it will be published very
shortly (in a week)," social welfare department principal secretary P
Rama Mohana Rao told the Times of India. Both the departments had
resolved the problems that cropped up while framing the rules,
especially over which department should lead the tribunals — the
revenue department or its social welfare counterpart.

It has been a year now since Tamil Nadu, along with ten other states,
notified the Act to help senior citizens and parents above 60 years,
unable to maintain himself/herself, file a complaint against children
(not minors) or relatives (who would inherit and are in possession of
the property of the elderly). The application can be filed by the
senior citizen or parent or by any other person or organization
authorised by the former if he/she incapable of doing it.

As per the TN rules, sources say, the revenue divisional officer (RDO)
in each district will be the tribunal head before whom the applicant
can file a complaint. The district social welfare officer will be the
maintenance officer and conciliation officer, who will conduct an
inquiry and submit a report to the tribunal. The district collector
will be the appellate authority.

Under the Act, any person with the responsibility of caring or
protecting a senior citizen leaves such a person in any place with the
intention of wholly abandoning him/her, shall be punishable with
imprisonment of either description for a term which may extend to
three months or fine that may extend to Rs 5,000 or with both.

"It is a welcome move," says HelpAge India national director Indrani
Rajadurai. "It will create to a certain extent, a fear of punishment
among children, to persuade them to take care of their parents. It is
long-felt need. Also, the elderly should shed their instincts and come
forward to file a complaint against the children who have abandoned
them," she added.

"We will consider all humanitarian issues before notifying the rules.
In fact, we have decided to hold talks with the health department to
include senior citizens in the recently-launched health insurance
scheme for BPL families," Rao said.

Source: TOI 5th Oct 2009
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