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Posted by on Feb 9, 2014 in Senior Citizen Act |

Highlights of Senior Citizen Act (Part 2)

Here we are continuing with futher provisions of Senior Citizen Act. For previous part please CLICK ME

Appellate Tribunal (Section 15-18)

  • The State govt may constitute one Appellate Tribunal for each district against order of Tribunal and the officer who presides over Appellate Tribunal shall not be below rank of District Magistrate.
  • Any Senior Citizen or parent aggrieved from order of Tribunal can appeal to Appellate Tribunal within 60 days from date of award but children/relatives shall continue to pay monthly allowance while proceeding.
  • The decision of Appellate Tribunal shall make an endeavour to dispose of appeal within 30days and order of appellate tribunal shall be final.
  • Notwithstanding anything contained in law, No party shall be represented by a legal practitioner while proceedings before a tribunal or appellate tribunal.
  • The state govt shall designate an officer as Maintenance Officer not below rank of District Social Welfare Officer and that officer shall represent parent during proceedings if he so desires.

Oldage Homes & Medical Care (Section 19-20)

  • The State govt may establish and maintain such number of Oldage home at accessible places, as it may deem necessary, beginning with at least one Oldage home in each district with capacity to accommodate at least 150 indigent’s senior citizens (indigent – not having sufficient means for livelihood).
  • The State Govt shall ensure that the Govt hospitals or hospital funded by govt either wholly or partially shall
    • Provide beds for all senior citizens as far as possible,
    • Make arrangement for separate queues for senior citizens,
    • Make facility for treatment of chronic, terminal and degenerative diseases especially for senior citizens.
    • The research activities for chronic elderly disease and ageing shall be expanded and there are earmarked facilities for geriatric patients in every dist hospital duly headed by Medical Officer with experience in geriatric care.

Protection of Life and Property of Senior Citizen (Section 21-23)

  • The Central/State/Local govt shall take necessary measures for publicity of this act and also officers at district level shall make effective co-ordination with different ministries to provide services to senior citizens.
  • If any parent/senior citizen transfer its property by way of gift or otherwise subject to condition that transferee shall be responsible for basic amenities or physical needs of senior citizen but ignore the conditions of livelihood after transfer of property then that transfer shall be declared fraud after decision of Tribunal.

Miscellaneous (Section 24-31)

  • The person who is responsible for care & protection of Senior citizen leaves senior citizen at some place with intention of wholly abandoning such senior citizen shall be liable for punishment of imprisonment up to 3months or fine which may extend to 5000 rupees.
  • Notwithstanding with anything under CrPC, Every offence under this act is cognizable and bailable.
  • No civil court has jurisdiction in relation to any matter covered under this act and can provide injunction in respect of anything which is done to carry out provisions of this act.
  • No suit or prosecution or legal proceedings can be started against Central or State govt or local authority or any officer of govt for any action taken in good faith or intended to be done in pursuance of this act and any rules made thereafter.
  • The Central govt can give directions to state govt but state govt has power to make rules in matters as determined under this act such as manner of holding inquiry, power & procedures of tribunal etc.
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