National 5 of 11

A Tribunal in every sub-division and a ceiling of ten thousand rupees a month for a parent's upkeep

The Maintenance and Welfare of Parents and Senior Citizens Act of 2007 lets a parent or senior citizen who cannot support himself claim a monthly allowance from his children, or, if he is childless, from a relative who holds or would inherit his property. A senior citizen is an Indian citizen who has turned sixty, and the word children covers a son, a daughter, a grandson and a grand-daughter but never a minor. The State Government constitutes a Maintenance Tribunal for each sub-division, and an officer not below the rank of Sub-Divisional Officer presides over it. A claim is to be settled within ninety days of the notice being served, a limit the Tribunal can stretch once by up to thirty days, in exceptional circumstances and for reasons put in writing. How much can be ordered is for the State Government to prescribe, but the Act caps it at ten thousand rupees a month, and simple interest of between five and eighteen per cent can be added. Before it hears a claim the Tribunal can send the matter to a Conciliation Officer, who reports back within one month. An appeal lies to an Appellate Tribunal for each district, headed by an officer not below the rank of District Magistrate, and the text of the Act gives the senior citizen or parent sixty days to file it. The Allahabad High Court, following its own earlier ruling, has held that children aggrieved by an eviction order under the Act can also appeal under that same provision.

Senior citizen: Indian citizen aged 60 or above Maximum maintenance: Rs 10,000 a month Time limit for a claim: 90 days, extendable once by 30 days Appeal: 60 days, to the Appellate Tribunal
Why it matters for exams: The age of sixty, the sub-divisional Maintenance Tribunal, the ten thousand rupee ceiling and the ninety-day limit are the facts asked from this Act, and the appeal provision is now being read to cover children as well.
Kerala PSCUPSCSSC

In plain words

Maintenance Tribunal the sub-divisional tribunal constituted under the Act — It is presided over by an officer not below the rank of Sub-Divisional Officer.

Conciliation Officer the person or organisation a Tribunal can refer a claim to — The report must come back within one month.

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