Senior Citizen Act, 2007
A community is known by the way it treats vulnerable sections of society
such as the elderly. Traditionally, in India, it has been a part of
our culture, for society and the family to take care of older persons.
Senior Citizens are held in high esteem and are given priority and
respect in all matters.
Today, rapid urbanization and the compulsions of modern working conditions have lead to a breakdown of the traditional joint family system resulting in the growth of nuclear families. Better medical facilities have lead to increased longevity. The number of Senior Citizens in the country has been steadily growing. In percentage terms, their population is projected to rise to about 12.4 per cent in 2026, doubling from 76.6 million in 2006 to 173.1 million in 2026.
As their children settled down in other cities, many parents, who had conventionally enjoyed a place of pride in the family, found themselves living alone. The frailty of old age combined with health problems, crimes by anti social elements and insufficient income has left them with a feeling of rising insecurity. Children, being busy with their new lives, are unable to visit regularly. Parents have to cope single handedly, which is quite difficult considering their limited earnings.
Parents and Senior Citizens form a physically and mentally active segment of society with twin strengths as consumers and voters. Hence, strong measures were needed to alleviate the pains of this vulnerable section, which comprises a sizeable chunk of the population.
With this in mind, the Government enacted the Senior Citizen Act in 2007 as an answer to the insecurities faced by older persons of the country. An initiative of the Ministry of Social Justice and Empowerment, this Act accords prime responsibility for the maintenance of parents on their children, grand children or even relatives who may possibly inherit the property of a Senior Citizen. It also calls upon the State to provide facilities for poor and destitute older persons.
The National Portal of India has a Senior Citizen Corner that offers information of special help to older persons in the country. It provides details about health ailments, old age homes, government schemes, travel concessions, loans, benefits and a lot more. The main aim of this section is to make the lives of Senior Citizens safer, securer and financially sound.
By bringing out the Maintenance and Welfare of Parents and Senior Citizens Act, the Government has taken a small step towards bringing a smile to the faces of the elders of our society. As a nation, it is every citizens duty to ensure that Senior Citizens live a happy, healthy and secure life. They took care of us in their youth and helped us grow; we owe them a better tomorrow.
Today, rapid urbanization and the compulsions of modern working conditions have lead to a breakdown of the traditional joint family system resulting in the growth of nuclear families. Better medical facilities have lead to increased longevity. The number of Senior Citizens in the country has been steadily growing. In percentage terms, their population is projected to rise to about 12.4 per cent in 2026, doubling from 76.6 million in 2006 to 173.1 million in 2026.
As their children settled down in other cities, many parents, who had conventionally enjoyed a place of pride in the family, found themselves living alone. The frailty of old age combined with health problems, crimes by anti social elements and insufficient income has left them with a feeling of rising insecurity. Children, being busy with their new lives, are unable to visit regularly. Parents have to cope single handedly, which is quite difficult considering their limited earnings.
Parents and Senior Citizens form a physically and mentally active segment of society with twin strengths as consumers and voters. Hence, strong measures were needed to alleviate the pains of this vulnerable section, which comprises a sizeable chunk of the population.
With this in mind, the Government enacted the Senior Citizen Act in 2007 as an answer to the insecurities faced by older persons of the country. An initiative of the Ministry of Social Justice and Empowerment, this Act accords prime responsibility for the maintenance of parents on their children, grand children or even relatives who may possibly inherit the property of a Senior Citizen. It also calls upon the State to provide facilities for poor and destitute older persons.
The National Portal of India has a Senior Citizen Corner that offers information of special help to older persons in the country. It provides details about health ailments, old age homes, government schemes, travel concessions, loans, benefits and a lot more. The main aim of this section is to make the lives of Senior Citizens safer, securer and financially sound.
Provisions of the Act
- Parents who are unable to maintain themselves through their own earnings or out of their own property may apply for maintenance from their adult children. This maintenance includes the provision of proper food, shelter, clothing and medical treatment.
- Parents include biological, adoptive and step mothers and fathers, whether senior citizens or not.
- A childless Senior Citizen who is sixty years and above, can also claim maintenance from relatives who are in possession of or are likely to inherit their property.
- This application for maintenance may be made by Senior Citizens themselves or they may authorize a person or voluntary organization to do so. The Tribunal may also take action on its own.
- Tribunals on receiving these applications may hold an enquiry or order the children/ relatives to pay an interim monthly allowance for the maintenance of their Parents or Senior Citizen.
- If the Tribunal is satisfied that children or relatives have neglected or refused to take care of their parents or Senior Citizen, it shall order them to provide a monthly maintenance amount, up to a maximum of Rs.10,000 per month.
- The State Government is required to set up one or more tribunals in every sub-division. It shall also set up Appellate Tribunals in every district to hear the appeals of Senior Citizens against the decision of the Tribunals.
- No legal practitioner is required or permitted for this process.
- Erring persons are punishable with imprisonment up to three months or a fine of up to rupees five thousand or with both.
- State Governments should set up at least one Old Age Home for every 150 beneficiaries in a district. These homes are to provide Senior Citizens with minimum facilities such as food, clothing and recreational activities.
- All Government hospitals or those funded by the Government must provide beds for Senior Citizens as far as possible. Also, special queues to access medical facilities should be arranged for them.
Implementation of the Act
Currently, 11 States have notified this Act They are Nagaland, Karnataka, Jharkhand, Andhra Pradesh, Rajasthan, Assam, Kerala, Tripura, Madhya Pradesh, Delhi and Orissa. Other States are in the process of framing appropriate Rules for this Act.By bringing out the Maintenance and Welfare of Parents and Senior Citizens Act, the Government has taken a small step towards bringing a smile to the faces of the elders of our society. As a nation, it is every citizens duty to ensure that Senior Citizens live a happy, healthy and secure life. They took care of us in their youth and helped us grow; we owe them a better tomorrow.
Right to Information (RTI) Act
The Right to Information Act is an act to provide for setting out the
practical regime of right to information for citizens to secure access
to information under the control of public authorities, in order to
promote transparency and accountability in the working of every public
authority, the constitution of a Central Information Commission and
State Information Commissions and for matters connected therewith or
incidental thereto. The Government of India enacted the RTI Act 2005 (External website that opens in a new window), which came into effect on 12th October 2005.
Information means any material in any form including records, documents, memos, e-mails, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any form, be it electronic or manual. Information relating to any private body can be accessed by a public authority under any other law for the time being in force but does not include "file noting".
Right to Information involves:
The procedure to request for information based on the RTI Act is very simple and easy. The Act operates on a central/state level and it requires setting up of Information Commissions for its implementation.
Information means any material in any form including records, documents, memos, e-mails, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any form, be it electronic or manual. Information relating to any private body can be accessed by a public authority under any other law for the time being in force but does not include "file noting".
Right to Information involves:
- Inspection of works, documents, Record.
- Taking extracts or certified copies of documents or records.
- Taking certified samples of material.
- Obtaining information in form of printouts, diskettes, floppies, tapes, and videocassettes or in any other electronic mode or through printouts.
The procedure to request for information based on the RTI Act is very simple and easy. The Act operates on a central/state level and it requires setting up of Information Commissions for its implementation.
National Rural Employment Guarantee Act, 2005
As we embark upon yet another year with new hopes, aspirations and
goals, we have to focus on some impending issues that plague the
country. One such concern is the threatening poverty and unemployment
that rages within the country. The government has taken many measures to
eradicate these problems, the most recent one being the formalisation
of National Rural Employment Guarantee Act, after obtaining consent
from the President of India.
The extent of rural unemployment, captured in two sets of data, namely the Census and surveys conducted by the National Sample Survey Organisation (NSSO) indicates that widespread unemployment exists in the country.
The National Rural Employment Guarantee Act (NREGA) attempts to implement policies to help the poverty stricken millions in the country. This Act has the potential to provide livelihood to the teeming millions living Below Poverty Line in India (BPL). This legislation guarantees at least 100 day’s employment per year to every rural household.
The National Advisory Council of India first drafted the Bill in August 2004. In spite of various looming obstacles in its path, consistent perseverance by the government bore fruit, and the Bill was finally passed in 2004 to become an Act.
To start with, this Act was implemented in 200 districts across the country. The National Rural Employment Guarantee Act differs from earlier schemes in that its starting point is the empowerment of rural people, rather than "providing" employment to the poor.
The argument in favour of productively harnessing the power of the unemployed has never been in doubt. The inspiration for the NREGA came from the three-decade-long track record of the Employment Guarantee Scheme (EGS) Bill in Maharashtra, which originated as relief programmes in the wake of a severe drought in the early 1970s. The EGS inspired a number of programmes, starting with the National Rural Employment Programme in the 1980s and ending with the Sampoorna Grameen Rozgar Yojana, which, along with the National Food for Work Programme, is to be merged with the employment guarantee programme launched under the NREGA.
As per Section 3(1), the State Governments have to provide 100 days of work to a member of every household in a financial year, in accordance with the scheme made under this Act. Every person who has done the work given to him under the Scheme shall be entitled to receive wages fixed by the State Government under Section 3 of the Minimum Wages Act 1948 for agricultural labourers and the same shall be considered as the wage rate applicable to the people who get hired under the Scheme, in that area.
Till the notification of this scheme by the State Government, the Annual Action Plan or Perspective Plan for Sampoorna Grameen Rozgar Yojana or National Food for Work Programme, whichever is in force in the area concerned immediately before such notification, shall be deemed.
State governments, Panchayati Raj institutions, as well as non-government organisations (NGOs) will be involved in implementing this Act.
The Act attempts to reach out the rural poor in every district and Panchayat of the country, trying to improve their living conditions and assuring a life of sustenance.
The extent of rural unemployment, captured in two sets of data, namely the Census and surveys conducted by the National Sample Survey Organisation (NSSO) indicates that widespread unemployment exists in the country.
The National Rural Employment Guarantee Act (NREGA) attempts to implement policies to help the poverty stricken millions in the country. This Act has the potential to provide livelihood to the teeming millions living Below Poverty Line in India (BPL). This legislation guarantees at least 100 day’s employment per year to every rural household.
The National Advisory Council of India first drafted the Bill in August 2004. In spite of various looming obstacles in its path, consistent perseverance by the government bore fruit, and the Bill was finally passed in 2004 to become an Act.
To start with, this Act was implemented in 200 districts across the country. The National Rural Employment Guarantee Act differs from earlier schemes in that its starting point is the empowerment of rural people, rather than "providing" employment to the poor.
The argument in favour of productively harnessing the power of the unemployed has never been in doubt. The inspiration for the NREGA came from the three-decade-long track record of the Employment Guarantee Scheme (EGS) Bill in Maharashtra, which originated as relief programmes in the wake of a severe drought in the early 1970s. The EGS inspired a number of programmes, starting with the National Rural Employment Programme in the 1980s and ending with the Sampoorna Grameen Rozgar Yojana, which, along with the National Food for Work Programme, is to be merged with the employment guarantee programme launched under the NREGA.
As per Section 3(1), the State Governments have to provide 100 days of work to a member of every household in a financial year, in accordance with the scheme made under this Act. Every person who has done the work given to him under the Scheme shall be entitled to receive wages fixed by the State Government under Section 3 of the Minimum Wages Act 1948 for agricultural labourers and the same shall be considered as the wage rate applicable to the people who get hired under the Scheme, in that area.
Till the notification of this scheme by the State Government, the Annual Action Plan or Perspective Plan for Sampoorna Grameen Rozgar Yojana or National Food for Work Programme, whichever is in force in the area concerned immediately before such notification, shall be deemed.
State governments, Panchayati Raj institutions, as well as non-government organisations (NGOs) will be involved in implementing this Act.
The Act attempts to reach out the rural poor in every district and Panchayat of the country, trying to improve their living conditions and assuring a life of sustenance.
Right to Information Act 2005
With the passage of the Right to Information Bill 2005 by the Rajya
Sabha on May 12, 2005 India is now one of the 55 countries, which have
legislated comprehensive laws that protect the citizens' right to
information. Nine States namely, Delhi, Maharashtra, Tamil Nadu,
Rajasthan, Karnataka, Jammu & Kashmir, Assam, Goa, and Madhya
Pradesh already have laws on the right to information to show their
commitment for building a dynamic and prosperous society by involving
the people in governance and decision making process. The Supreme Court
of India has, from time to time, interpreted Article 19, which upholds
the right to freedom of speech and expression, to implicitly include
the right to receive and impart information. There had been relentless
efforts and mass mobilization in favour of a comprehensive Central Act
providing access to information regimes.
The new legislation is a radical improvement on the relatively weak and ineffective statute it seeks to replace, the Freedom of Information Act, 2002.
The new legislation unequivocally confers on all citizens the right to access information and, correspondingly, makes the dissemination of such information an obligation for all public authorities. It is an Act, which provides for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.
An outstanding feature of the Bill is the provision for Information Commissions - independent high level bodies at both the Central and State levels that are dedicated to encouraging the citizen's right to know and enforcing the provisions of the Act.
By empowering these Commissions to act as appellate authorities and by vesting them with the powers of a civil court, these bodies have been given the teeth to discourage public authorities from refusing to part with information.
The provisions of the Act require authorities to respond to queries in as little as 48 hours, if it is a matter of life and liberty. This will undoubtedly prompt accountability and transparency to climb up several notches, especially as the Act promises hefty fines and disciplinary action against erring officials.
The new legislation is a radical improvement on the relatively weak and ineffective statute it seeks to replace, the Freedom of Information Act, 2002.
The new legislation unequivocally confers on all citizens the right to access information and, correspondingly, makes the dissemination of such information an obligation for all public authorities. It is an Act, which provides for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.
An outstanding feature of the Bill is the provision for Information Commissions - independent high level bodies at both the Central and State levels that are dedicated to encouraging the citizen's right to know and enforcing the provisions of the Act.
By empowering these Commissions to act as appellate authorities and by vesting them with the powers of a civil court, these bodies have been given the teeth to discourage public authorities from refusing to part with information.
The provisions of the Act require authorities to respond to queries in as little as 48 hours, if it is a matter of life and liberty. This will undoubtedly prompt accountability and transparency to climb up several notches, especially as the Act promises hefty fines and disciplinary action against erring officials.
Special Economic Zones Act 2005
After considerable success and much speculation, the Parliament passed the Special Economic Zones Bill 2005 in May 2005 and with the assent of the Hon’ble President of India, it became an Act on June 23rd, 2005. The Act has led to expectations of spectacular inflows of foreign direct investment (FDI) into the Country over the next few years, with generation of a 50% growth in employment opportunities in the Zones. The projection of the present employment status in the SEZs coupled with the future projection, promises to raise the employment status immensely by the coming year. The potential prospects to create more jobs through the export activities in the Country raises favourable grounds for the assurance of employment generation and promises to attract investment, both foreign and domestic.
The Special Economic Zones Act 2005 comprises income tax concessions for both SEZ units and SEZ developers. According to the Act, the SEZ units will be eligible for 100% tax exemption for 5 years, 50% for the next 5 years, and 50% of the ploughed back export profits for the next 5 years. SEZ developers continue to get 100% income tax exemption for 10 years in a block period of 15 years. Other than such provisions, the Act seeks to establish free trade and warehousing zones to create world class trade-related infrastructure to facilitate import and export of goods aimed at making India a global trading hub, set up offshore banking units and units in International Financial Service Centre in SEZs, including fiscal regime governing the operation of such units, establish authority for each SEZ set up by the Central Government to impart greater administrative autonomy; and designate special courts and single enforcement agency to ensure speedy trial and investigation of notified offences committed in Special Economic Zones.
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