THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which provides a statutory protection for the Maintenance and Welfare of Parents and Senior Citizens, as guaranteed and recognized under the Constitution, is being implemented in this State with effect from 29.09.2008. The Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules have also been framed and notified on 31.12.2009.
For speedy disposal of petitions received under this Act, a Tribunal presided over by the Revenue Divisional Officer has been constituted in each sub-division, to obtain maintenance amount from children/legal heirs by the senior citizens and parents. The District Social Welfare Officers are acting as the Maintenance Officers as well as Conciliation Officers. An Appellate Tribunal chaired by the District Collector has been constituted in each district to hear appeals against the orders of the Tribunal. 2010 petitions were received and orders were given for 1547 cases.
SALIENT FEATURES OF THE ACT
A senior citizen or a parent who is unable to maintain himself from his own earnings or out of the property owned by him is entitled to make an application under Section 5 of the Act to obtain maintenance amount from his children / legal heirs.
- An application filed under this Act for monthly allowance shall be disposed off within 90 days.
- If the children or relatives fail to obey the orders of the Tribunal, the Tribunal may levy fines and may sentence such persons for the whole or any part of each month’s allowance for the maintenance and expenses of the Senior Citizens or order imprisonment for a term which may extend to one month or until payment is made.
- The maximum maintenance allowance shall not exceed
10,000 per month.
- The Tribunal may, during the pendency of the proceeding, order such children or relatives to provide monthly allowance for the interim maintenance of the senior citizen.
- If the persons responsible for the care and protection of senior citizens abandon the senior citizens, such persons shall be punished with imprisonment for three months or fined up to 5,000 or with both.
FIXING OF MINIMUM STANDARDS / essential standards to be maintained in old age homes
The Government of Tamil Nadu, Social Welfare and Nutritious Meal Programme Department issued G.O.(Ms)No.16, Social Welfare and Nutritious Meal Programme (SW6(1)) Department, dated 09.02.2016 that approved fixing of minimum standards / essential standards to be maintained in old age homes run by Non-Governmental Organization and the minimum standards have been upgraded vide G.O. Ms. No. 83, . Social Welfare and Nutritious Meal Programme (SW6(1)) Department, dated 23.11.2016