MWPSCA - Tamilnadu - HC decision

Here is an interesting case where the HC, TN upheld RDO's order,
though it is outside of the Act. As I have many times pointed out,
Police and Dept Soc Welfare officials in TN come to the rescue of
senior citizens beyond the provisions in the ACT. Another such
incident has been reported recently in Ahmadabad.


=========================
RDO order against Rogue son upheld.

CHENNAI: The Madras High Court has upheld an order of the Revenue
Divisional Officer (RDO), Pochampalli taluk in Krishnagiri district,
dispossessing a son of his father's property.� J Anbalagan, allegedly
ill-treated his father Jagadeesan, slapped him and also threatened to
kill him. The RDO passed the order on May 23 last year, after
Jagadeesan invoked Sec. 5(1) and (2) of the Maintenance and Welfare of
Parents and Senior Citizens Act 2007 to retrieve his properties from
his son.
Following a family dispute, Anbalagan allegedly slapped his father
while the latter was working in his farm. He was rescued by people
working in the nearby fields.
The RDO had also directed Anbalagan to vacate the family house and
restrained him from interfering with his father's peaceful possession
and enjoyment of the property in his lifetime. In case of failure to
comply with the condition, Anbalagan would have to pay a fine of
`10,000, besides undergoing three months' imprisonment, the RDO had
warned.
Aggrieved, Anbalagan moved the High Court to quash the RDO order. He
contended that, at best, the RDO could only order compensation but
could not order his eviction.
Justice K Chandru, before whom the petition came up for hearing
recently, upheld the earlier order by RDO after holding that there was
no infirmity in the detailed order.
Noting that Anbalagan had not exhausted the appeal provision in the
Act, the judge said that on that sole ground itself the petition was
liable to be dismissed.
=====
http://ibnlive.in.com/news/rdo-order-against-rogue-son-upheld/257956-60-118.html




Dr P Vyasamoorthy, 30 Gruhalakshmi Colony Secunderabad 500015 Ph
040-27846631 / 9490804278.

1 + 1 = 3

MWPSCA - Indore - Lethargy of officials

Three years of misplaced hopes, as scores of complain lay pending

Source: DNA | Last Updated 05:38(07/06/12)

Indore: Nonagenarian Jogilal of Biccholi Mardana is among the 60-odd
parents who saw a ray of hope in the maintenance and welfare of
parents and senior citizens act. They believed the act, which is meant
to save them from harassment by their own children, would help them
regain a dignified life. Their belief has proved misplaced.

Jogilal had complained on July 14, 2009 of harassment by his children.
He was 90 then. Nobody, much less the administrative officers whom he
had approached, knows what happened to Jogilal since then.

Though the case is still in the court of sub divisional officer,
Indore, his whereabouts could not be traced. The lot of other
complainants, total 60, is no better either.

"These senior citizens come at public hearings. We take cognizance and
forward the complaints to the concerned SDMs. But same old men or
women are seen in next public hearing because nothing happens. After
two or three attempts they give up ," joint director, social justice
department, Premlata Vajpayee, said.

Abdul Aziz, 70, a resident of Chandan Nagar area, made his first
complaint at the collector's public hearing on May 17, 2012. His
complaint was forwarded to SDO and that was all about it. The decrepit
septuagenarian came to the next public hearing on May 24. Again his
matter was forwarded.

Aziz has complained that he and his wife are beaten up by his son
Abdul Wahid and daughter- in- law. SDO, Indore, Vivek Shotria admitted
that there is delay because committees are to be formed at lower level
for resolving these cases but as they have not been formed.

He, however, claimed that only five such complaints are pending at his
court. "The social justice department forwards even those cases which
are related to police and we forward them to the police", the SDM
said. The social justice department, which monitors these cases, says
65 cases were forwarded to SDO Indore. Out of these, five were
resolved and 16 were forwarded to police for redressal.
==========
Dr P Vyasamoorthy, 30 Gruhalakshmi Colony Secunderabad 500015 Ph
040-27846631 / 9490804278.

1 + 1 = 3

GERIATRIC "ORPHANS" BANK ON POLICE

Geriatric 'orphans' bank on police 

http://timesofindia.indiatimes.com/city/kochi/Geriatric-orphans-bank-on-police/articleshow/13879913.cms 

KOCHI: They are the geriatric orphans of Kerala. Abandoned by their children, many aged couples in the state are turning to the police and banks to drag themselves through the autumn of their lives.

Sample this: A 90-year-old woman recently approached the Kochi city police women cell with a complaint that her businessman son and daughter-in-law were not ready to buy her medicines or food.

In another case, a senior citizen and NRI father reverse mortgaged his house after his children failed to support him. The State Bank of Travancore alone has given loan to 79 senior citizens in the state under the reverse mortgagescheme in the past five years.

The fate of aged couples with no property in their name is worse. Kochi police's women cell received 18 complaints in the first five months from senior citizens against their children. This is double the number of complaints received last year. In 2010, the cell received 15 complaints and seven in 2009.

"There has been an increase in the number of such complaints. We try to counsel their children and reconcile them. And if our efforts fail, we arrange for another place for the senior citizens to stay," said N Philomina, women cell circle inspector.

Statistics reveal that it's a pan-Kerala phenomenon. Thiruvananthapuram police received five complaints and the rural cell received three. While Kollam women cell recorded 10, Kozhikode received three and Malappuram registered one complaint.

But not all abandoned parents take it lying down. There has been a significant increase in the number of people approaching banks for reverse mortgage loans. For the uninitiated, reverse mortgaging allows a senior citizen to pledge his property for a monthly stream of income. He/she remains its owner and can continue to live in the house till his/her death without repayment or servicing of the loan.

"Since 2008 we have given loan to 79 senior citizens. Between 2009 and 2010, we gave 29 loans with a credit outflow of Rs 216.99 lakh. In 2010-2011 about 17 senior citizens benefited with a credit outflow of Rs 138.25 lakh and in 2011-2012 we had 15 senior citizens who were given loans amounting to Rs 136.16 lakh," said M C Jacob, chief general manager of SBT.

The Central Bank also saw an increase in the number of reverse mortgages. "Last year we received seven applications and we have received three this year. Many are still not aware of the scheme," said K Santosh, Central Bank (Ernakulum north) branch manager.

But there is no such solace for the homeless aged. They are forced to depend on the state machinery to mend their torn lives.

-- 

--
V.RAGHAVENDRA RAO,

20, DESCANSO, APRT 1321,

SAN  JOSE,

CALIFORNIA - 95134. USA.

518-261-7075

SPECIAL LOK ADALAT BENCH FOR SENIOR CITIZENS IN HYDERABAD

Here is some good news for Senior Citizens of AP. Representatives from
APSCCON, AISCCON and AOSC-H were involved in this suggestion to set
up a special Lok Adalat Bench exclusively for senior citizens. Justice
Subhashan Reddy is a well known Pro-Seniors person. Earlier, as SHRC
head, he did a lot of good to elderly population. He is also the
Chairman of a special committee set up by AISCCON for promoting and
creating awareness about MWPSCA. I thank Sri VRV Rao for spotting
this much awaited news....Vyasamoorthy

===================

Special Lok Adalat Bench for senior citizens in Hyderabad

PTI | 10:06 PM,Jun 04,2012

Hyderabad, June 4(PTI)The Andhra Pradesh State Legal Services
Authority today constituted a Lok Adalat Bench exclusively for
settlement of cases pertaining to senior citizens. District and
Sessions Judge and Member Secretary of the Authority S Ravi Kumar said
the Lok Adalat Bench formed under Section 19 of Legal Services
Authorities Act would consist of Justice B Subhashan Reddy, Chief
Justice (retired) as Presiding Judge, retired High Court Judges
including Justice S V Maruthi and Justice Motilal B Naik as members.
The Member Secretary further said that the Lok Adalat Bench will sit
in the premises of AP State Legal Services Authority at Nyaya Seva
Sadan in City Civil Court Complex in Purani Haveli, twice in a month.
The dates of the sitting will be notified shortly and senior citizens
would be asked to avail the services of the Lok Adalat Bench for
speedy justice and amicable settlement of their cases, according to a
release.


Source:
http://ibnlive.in.com/generalnewsfeed/news/special-lok-adalat-bench-for-senior-citizens-in-hyderabad/1007595.html


--
V.RAGHAVENDRA RAO,
20, DESCANSO, APRT 1321,
SAN  JOSE,
CALIFORNIA - 95134. USA.
518-261-7075

IRDA - Landmark draft Health Insurance Regulations

Given below is an article from Moneylife in full. I thank sri KV Cary for alerting me on this. Comments are welcome. Vyasamoorthy

==========================================

IRDA comes up with landmark draft health insurance regulations
May 31, 2012 07:14 PM | 
Raj Pradhan

IRDA has come up with momentous regulations which will change the health insurance industry workings if the draft is implemented without watering it down. TPAs' role will get marginalized and hence they may try to scuttle the implementation in its current form

Insurance Regulatory and Development Authority (IRDA) has finally issued draft health insurance regulations addressing several areas of concern which were raised in a public interest litigation (PIL) by social activist Gaurang Damani. The draft covers product design, renewability, portability, file and use procedures, protection of policyholders' interest, servicing ofhealth insurance policy, third party administrators (TPA), contract between insurer and hospitals and so on.

According to Mr Damani, "They have accepted 80%-90% of what I had demanded in the court. A few minor things remain, some of which are already there in their other circulars, but just need to be added to the policy document. I would mention the same in the next court hearing. One point that is missing in the draft guidelines is need for a doctor's signature in case of claims denial."

The important points in IRDA guidelines are related to following:

• Entry and exit age - All health insurance policies shall provide for entry age at least up to 65 years. All health insurance policies shall not have an exit age for renewal of the policies, once the proposal is accepted, provided the policy is continuously renewed without a break.
• Cumulative bonus to be mentioned in the policy document
• Mediclaim denial grounds to be given in writing
• Reward a favourable claim ratio
• Refund on pre-insurance med check-ups - A proposal resulting into a policy shall reimburse at least 50% of the medical exam cost.
• Separate grievance cell for senior citizens
• Increase in premium must be in writing and must be justified
• Claims independent of multiple fixed benefit policies - The insurer shall make the claim payments independent of payments received under other similar polices.
• If two or more policies are taken by  an insured during a period from one or  more  insurers,  where the  purpose  of  such  policies  is  to  indemnify  the  treatment costs, the insurer shall not apply the contribution clause but the  policyholder shall have an option to chose insurer with whom the claim is to  be settled. In all such cases, the insurer shall be obliged to settle the claim without insisting for contribution clause.
• Insurers  may  provide  coverage  to  non-allopathic  treatments  provided  the treatment has been undergone in a government hospital or in any institute recognized  by  the government.
• Any  product  that  is  being  offered  in  the  market  by  insurance  companies shall not be allowed to be withdrawn  in respect of the existing customers of  the  product,  unless,  the  existing  customers  are  given  an  option  to switch to a similar product under specific written consent.
• Uncomplicated one page customer information sheet to cover key benefits, exclusions and grievance mechanisms.
• Renewal cannot be denied randomly
• Waiting period for pre-existing diseases (PED) be clearly specified
• Claim settlement within 30 days
• Insurer to make direct payment to the hospital and policyholder (not through TPA). Cheques will have to be written by the insurance company and send to hospital (for cashless) and policyholder (for reimbursement). It means that cheques cannot be held by TPAs as a float.
• ID card to have logo of the insurance company. In  case  the  policy  is  renewed,  provisions  to  be  established  by the  insurer  to  ensure  there  shall  not  be  any  need  for  re-issue  of  fresh cards provided there is no change in the details of the policyholder. It means auto-renewal of same ID cards.
• Agreement between the TPA and insurance company to be registered with IRDA
• Seamless transfer of policies services by an existing TPA to the new TPA
• Claim settlement - Specific ground of settlement and denial of claim must be mentioned
• All insurers shall have an agreement directly with the hospitals to establish the list of network providers. The insurer  shall  be  responsible  for  carrying  out  an empanelment  process  of  hospitals  or  health  care  providers  to  provide  cashless facility to the policyholder. The TPA role is effectively 

====

Source:

http://moneylife.in/article/irda-comes-up-with-landmark-draft-health-insurance-regulations/26055.html 

Complete draft may be downloaded from IRDA site at:

http://www.irda.gov.in/ADMINCMS/cms/frmGeneral_Layout.aspx?page=PageNo1713 

DR Gangadharan becomes President of IFA

We have some happy news to share. Dr KR Gangadharan, popularly known as Ganga or KRG, of Heritage Hospitals Hyderabad has NOW become the President of International Federation of Ageing. Even as VP of Asis Pacific Region of IFA earlier, Dr KRG did a lot of good for Indian seniors.  He is credited with starting first geriatric hospital in Hyderabad. He is trainer as a very large number of courses have been conducted for geriatric Nurses, Bedside attendants, etc.  In the coming years we may witness International seminars being hosted in Hyderabad. He is close to MOSJE and has earned the respect of all SEnior Citizen Agencies in India. He is also Adviser to AISCCON. He was a member of revision committee on NPOP. He is a member of National Council on Older Persons, GOI.  I can keep writing about him all day! Suffice it say that he is connected with senior citizens much earlier than any us came into the picture!

Let us congratulate him on his much deserved recognition in Global scenario.

Read a news item from the Hindu below

=====================

Founder of Heritage Medical Centre, a geriatric facility in Hyderabad, Dr. K.R. Gangadharan, was made the Global president for International Federation on Ageing (IFA) at Prague on Sunday, a press release said. The doctor will hold the prestigious post for a period of three years.

As the IFA president, he will be leading various initiatives for the elderly involving about 25 board members from different countries.

The IFA is a non-governmental organisation with a large membership base of NGOs, corporate sector, academia, government, and individuals.

  

K. R. Gangadharan

Sikkim State welfare commission for Senior Citizens etc

Extract from:

http://www.scribd.com/doc/26653690/Extraordinary-Published-by-Authority-Gangtok-Tuesday-13th
This is a large file of 1000+ pages.

There is a portion of the gazette that says a SIKKIM State Welfare
Commission for senior citizens, etc has been formed oct 2009
The same gazette also contains MWPSCA bare act.
====


SIKKIM

GOVERNMENT GAZETTE
EXTRAORDINARY PUBLISHED BY AUTHORITY
GANGTOK THURSDAY 29
TH
OCTOBER, 2009 No: 433
GOVERNMENT OF SIKKIMSOCIAL JUSTICE, EMPOWERMENT AND WELFAREDEPARTMENTGANGTOK
No4/SJE&WD Dated:-23/10/09
NOTIFICATION
The Governor of Sikkim is hereby pleased to constitute a StateWelfare
Commission for Senior Citizens, physically challengedpersons,
destitute women, widows, orphans, or other abandonedpersons in
distress or need, care and medication etc. consisting of the following
members:-1. Chairman2. Member3. Member Secretary- Under Secretary
(Social Welfare Division).2. The terms of reference of the Commission
will be as underhereby:-1.

to examine and to recommend suitable measures to deal with problem
being faced by Senior Citizens or elderlypeople involving medical
care, facilities, fooding andclothing and shelter etc. or such other
requirements asmay be considered necessary and to suggest ways
andmeans to improve their condition,2.

to suggest and to recommend measures to deal withorphans or children
(abandoned, distressed, trafficked,
====

Dr P Vyasamoorthy, 30 Gruhalakshmi Colony Secunderabad 500015 Ph
040-27846631 / 9490804278.

http://www.this-page-intentionally-left-blank.org/