The Maintenance and Welfare of Parents and Senior Citizens Act ensures the financial security of senior citizens. It mandates the constitution of Maintenance Tribunals and outlines their powers, procedures, and authority to grant monthly maintenance.
Contents
What Is The Constitution of Maintenance Tribunal Under Section 7?
- The State Government must set up Maintenance Tribunals within six months of the Act’s commencement.
- It will issue a notification in the Official Gazette for each Sub-Division.
- One or more Tribunals may be established per Sub-Division as specified.
- Each Tribunal will be led by an officer at least of Sub-Divisional Officer rank.
- If more than one Tribunal exists in an area, the State Government can distribute work through general or special orders.
How Does The Tribunal Procedure and Powers Work Under Section 8?
- The Tribunal can use a summary procedure during inquiries under Section 5.
- It will follow rules set by the State Government.
The Tribunal has powers equal to a Civil Court for:
- Taking evidence under oath.
- Enforcing witness attendance.
- Ordering the production of documents and material objects.
- The Tribunal is treated as a Civil Court for Section 195 and Chapter XXVI of the CrPC, 1973.
- It may involve experts to help during inquiries, as per the rules.
What Is The Order for Maintenance Under Section 9?
- If children or relatives neglect a senior citizen, the Tribunal can order monthly maintenance.
- The Tribunal must be satisfied that the senior citizen cannot maintain themselves.
- It will decide the maintenance amount and payment instructions.
- The State Government sets the maximum limit, capped at ₹10,000 per month.
What Are The Changes to Maintenance Orders Under Section 10?
- The Tribunal can alter the allowance if there’s a misrepresentation, factual error, or change in circumstances.
- If a Civil Court’s decision affects a Tribunal’s order, the Tribunal must revise or cancel the order accordingly.
Conclusion
The Act empowers Maintenance Tribunals to ensure financial support for senior citizens. These Tribunals operate swiftly, have civil court powers, and can modify orders based on changing circumstances. This legal framework safeguards elderly citizens against neglect and guarantees them a dignified life.
