A government-appointed committee has recommended that the maintenance tribunals for welfare of the elderly in the State be expanded by including two more members.
The five-member committee has been appointed to recommend changes to The Kerala Maintenance and Welfare of Parents and Senior Citizens Rules, 2009. The State Senior Citizens’ Council, with the Minister for Social Justice as chairperson, had decided to amend the rules and tasked the committee with preparation of the draft of the amended rules. The report was submitted to the Minister recently.
At present, Sub-Divisional Magistrate is the presiding officer of the tribunal of a sub-division (a group of taluks). The committee recommends that two other non-official members be appointed, including a woman.
The draft rules recommend that the appellate tribunal for each district include the District Magistrate as the presiding officer and two non-official members, one of whom is a woman.
At present, District Collectors are the appellate authority.
The draft also stipulates the qualifications and tenure of these non-official members.
The non-official members will be appointed by a selection committee with a retired additional chief secretary to the government as chairperson.
The committee recommends that special police units be established in each district and city. These will be headed by a police officer not below the rank of Deputy Superintendent of Police. These units will comprise police officers and five social workers.
In every police station, a police officer, not below the rank of assistant sub-inspector, will be designated as the nodal officer for senior citizens.
Eviction rules
The draft also recommends eviction of children or legal heir of a senior citizen or parent if they do not meet maintenance obligations or mistreat them while occupying the senior citizen’s self-acquired property.
In case of non-maintenance, abuse or ill-treatment, a senior citizen can file an application before the District Magistrate seeking eviction. The application should be forwarded to the SDM concerned within 15 days. The SDM should submit a report within 21 days. If the complaint is found meritorious, notice should be issued to the parties concerned to show cause why an eviction order shall not be issued against them. After hearing all the parties, an order of eviction can be issued if warranted. In case of non-compliance within 30 days, the eviction may be effected.
A dedicated secretariat is recommended for effective functioning of the State Senior Citizens Council. It should have a convener and support staff appointed by the government.
The draft report was submitted by a committee led by Amaravila Ramakrishnan, convener of the State Senior Citizens’ Council.
