Poor Implementation of Maintenance, Welfare Of Parents In Telangana
March 30, 2017 14:47
In the State Of Telangana, today, lack of coordination has led to poor implementation of Maintenance and Welfare of Parents and Senior Citizens Act.
As per the Section 4 of the Act, a senior citizen, including a parent, who is unable to maintain himself from his own earnings or out of the property owned by him, is authorized to make an application under Section 5 of the Act, claiming maintenance.
The Act establishes the Maintenance Tribunal, to provide speedy and effective relief to elderly persons.
Maintenance is defined in the Act as including “provision for food, clothing, residence and medical attendance and treatment”.
Adult Children and adult grandchildren, both male and female, are responsible for paying maintenance to parents and grandparents.
An application can be filed against any one or more of them.
Senior citizens who do not have children or grandchildren can claim maintenance from a relative who is either possessing their property or who will inherit their property of the senior citizen after their death.
The relative must be a major, and must have sufficient means to provide maintenance.
If more than one relative is entitled to inherit the property, then maintenance must be paid by relatives in proportion to their inheritance of the property.
The Act mandates that the maximum maintenance paid will be Rs 10,000 per month.
However, the maintenance amount is determined by the needs of the claimant and the aim is to provide maintenance for the person to lead a normal life.
According to the recent CAG report submitted in the Assembly, not a single application for maintenance was received, in five districts, during 2013-2016.
This has further raised doubts, over awareness levels of the elderly about the provisions of the Act.
In 2007, the Maintenance and Welfare of Parents and Senior Citizens Act, was passed, which was adopted by undivided AP.
Subsequently, Telangana State Government adopted the Act in May 2016.
The Act, however, could not be enforced effectively, due to lack of certain instructions from the higher authorities.
In spite the department for women, children, disabled and senior citizens had distributed booklets containing the Act and Rules among all the departments, the Act failed.
The Act says, “On willingness of the applicant and opposite party on the matter to be referred to a conciliation officer who would try and work out a settlement acceptable to both parties within a month.”
Of the 98 claims referred to conciliation officers, in Hyderabad, Karimnagar and Khammam districts, only 31 were disposed off between 2013 and 2016.
None of the 69 claims were disposed of, in Adilabad, Medak, Nizamabad and Ranga Reddy districts.
This has in turn, defeated the intended purpose of quick and amicable settlement as envisaged in the Act.
No application was received, in Mahbubnagar, Nalgonda and Warangal districts.
By Supraja