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Bill May Enable Senior Citizens to Reclaim Willed Property
By Rajeev Jayaswal, The Economic Times
India
November 3, 2005
The neglected lot of senior citizens are likely to feel warmer this winter. The government is planning to introduce a Bill in the winter session of Parliament that will allow old parents to reappropiate properties willed to their wards if they fail to take care of them. The proposed legislation is aimed at providing a trampoline for elders if they are neglected by their children.
The proposed Bill may also provide for old age pension besides provisions of minimum one old age home in each district and specific health provisions for the elderly. "The draft legislation, which has been circulated to states, is expected to be introduced in the forthcoming winter session of the Parliament," a government source said.
The proposed "Older Persons (Maintenance, Care & Protection) Bill, 2005" addresses financial, housing, clothing and companionship requirements of the older persons. It proposes to make it obligatory on part of families to ensure better living conditions for senior citizens. The state is expected to take on the role of a family in case the older person is below the poverty line. It also proposes to set up tribunals headed by sub-divisional magistrate (SDMs), where older persons can apply for claiming maintenance from their children including adopted or step children and grandchildren. It is likely that the tribunal may be empowered to take suo moto notice.
India has the second largest elderly population in the world. Abut 80% them live in rural areas and majority among them live below poverty line. A National Policy on Older Persons was formulated in January, 1999, with the primary objective of encouraging individuals to make provision for their own as well as spouse's old age. The policy could not be implemented effectively.
The mid term appraisal of the Tenth Five Year Plan also suggested the government to prepare an action plan to get the policy going. Limited efforts have been made by the Social Justice & Empowerment Ministry to improve the lot of elderly. The ministry has provided Rs 15.68 crore in 2004-05 as financial assistance to 444 NGOs for running 338 old age homes, 241 day care centres and 45 mobile medicare units. Already a special saving scheme for senior citizens through post offices is effective which offers a simple interest rate of 9%. Older people are entitled for a tax rebate of Rs 20,000, 50% discount
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