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Parents and grandparents who are unable to maintain themselves from their own income can demand maintenance from their children as defined above; and “Childless Senior Citizens” who are unable to maintain themselves from their own income can demand maintenance from their relatives as defined above.
It includes provision for food, clothing, residence, medical attendance and treatment. Maximum amount which may be ordered for maintenance of a senior citizen by the Tribunal shall be such as prescribed by the State Government which shall not exceed Rs. 10,000/- per month.
Senior citizens, Parents and grand-parents who are unable to maintain themselves from their own income and property are entitled to demand maintenance from their children and specified relatives respectively with sufficient means.
It is the obligation of the children and specified relatives with sufficient means to provide maintenance for their parents and childless senior citizen respectively.
Application for maintenance may be made by the senior citizen or parent to the Tribunal under Section 4 in layperson’s language giving names, full details and addresses of the persons from whom they are demanding maintenance. If there is more than one child or relative, they may claim maintenance from one or all of them depending on their means of income.
Maintenance proceedings may be initiated against any child/children or relative in any district where the parent or senior citizen lives or last lived or where the child/children or relative live. If such applicants are incapable of making an application themselves, any other person or registered voluntary organization authorized by him/her can make the application. The Tribunal can take suo motu cognizance and proceed. Upon receipt of the application, the Tribunal would issue notices to the children, conduct hearings, take evidence and order maintenance. Tribunal may also refer the case for reconciliation or pass interim orders for maintenance.
A State Government may establish, in a phased manner, sufficient senior citizen homes and maintain the same for indigent or abandoned and neglected (by their kith and kin) beginning with at least one Old Age Home in each district sufficient to accommodate a minimum of 150 elderly. State Government may also prescribe scheme for management of old age homes, set standards and prescribe minimum services for medical care and entertainment of the elderly in the Old Age Homes.
Under Section 24, if anybody who has responsibility for the care or protection of a senior citizen leaves him/her in any place, with the intention of wholly abandoning him/her, such person shall be punishable under the Act with imprisonment of either three months or fine upto Rs. 5,000 or both. The offence would be cognizable and will be tried by a Magistrate.
An important provision has been made for the elderly to claim their property back from children. If given conditionally after commencement of the Act on promise of looking after their needs and amenities if such promise is not fulfilled.
Under Section 23, if after commencement of the act any Parents or senior citizens have transferred their property to their children or relatives on the condition. And then they would provide certain maintenance and amenities to the senior citizen. But subsequently neglect or refuse to do so the parents or senior citizens can get such transfers voided (cancelled) at their option by having such transfer treated as a fraudulent or coercive acquisition and seek return of their property so transferred.