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THE PUNJAB GOVT EMPOWERED THE DISTRICT MAGISTRATES TO EVICT FROM UNAUTHORISED OCCUPATION OF SONS, DAUGHTERS OR LEGAL HEIRS

 
 
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THE PUNJAB GOVT EMPOWERED THE DISTRICT MAGISTRATES TO EVICT FROM UNAUTHORISED OCCUPATION OF SONS, DAUGHTERS OR LEGAL HEIRS
by System Administrator - Friday, 6 January 2017, 6:01 AM
 

By : M.S.Yatnatti Editor and Video Journalist Bengaluru : Karnataka Government also need to follow Punjab amendments rules to help the hapless and help less senior citizens.. The Punjab Government has decided to empower the District Magistrates to get the property of senior citizens vacated from unauthorised occupation of sons, daughters or legal heirs.  The decision was taken to provide relief to senior citizens, who want to get their property or residential buildings vacated from unauthorised occupation of their sons, daughters or legal heirs.For the purpose, the State Government has empowered the District Magistrates to exercise powers under 'The Punjab Maintenance and Welfare of Parents and Senior Citizens Rules-2012'. The action plan, enforced by the Punjab, has laid down the procedure for eviction of property of senior citizens or parents. According to the same, the complaints received, as per the provisions of Maintenance of Parents and Senior Citizen Act-2007, regarding life and property of senior citizens by different departments or agencies would be forwarded to the District Magistrate of concerned district for further action.  "District Magistrate would immediately forward such complaints or applications to concerned Sub-Divisional Magistrate (SDM) for verification of title of the property and facts of the case through revenue department or tehsildars within 15 days of receipt of complaint or application,” an reportedly official spokesperson said.He said that the SDM would then submit report to District Magistrate within 21 days from the receipt of complaint or application. "In case the district magistrate is of the opinion that any son or daughter or legal heir of the senior citizens or parents were in unauthorized occupation of any property as defined in the 2007 Act and they should be evicted, the District Magistrate would issue show-cause notice in writing to the concerned persons that why an order of eviction should not be issued against them, him or her,” he said.After receiving reply, if District Magistrate is satisfied that property or premises are in unauthorized occupation, he or any authorized officer would make an order of eviction for reasons to be recorded therein that property shall be vacated on such date, not later than 45 days from the date of receipt of such order, added the spokesperson.District Magistrate may also associate NGO, volunteer organization or social worker for welfare of senior citizens for enforcement of order. Besides, if a person refuses or fails to comply with order of eviction within stipulated days, the District Magistrate or any officer authorized by him may evict that person from the premises and take possession.That is not all! District Magistrate would also have powers to enforce eviction orders with police help. The state government has also directed all the District Magistrates to submit monthly report of such cases to headquarter.

Reportedly Officials at several police stations in Bengaluru have not been effective in implementing action plans for the protection of senior citizens specified by the state government.Section 21 of Karnataka Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 specifies an action plan for the protection of life and property of senior citizens, which includes maintaining an up-to-date list of senior citizens living within their jurisdiction, especially seniors who live alone. Reportedly Ageing is a natural process, which inevitably occurs in human life cycle. It brings with a host of challenges in the life of the elderly, which are mostly engineered by the changes in their body, mind, thought process and the living patterns. Ageing refers to a decline n the functional capacity of the organs of the human body, which occurs mostly due to physiological transformation, it never imply that everything has been finished. The senior citizens constitute a precious reservoir of such human resource as is gifted with knowledge of various sorts, varied experiences and deep insights. May be they have formally retired, yet an overwhelming majority of them are physically fit and mentally alert. Hence, given an appropriate opportunity, they are in a position to make significant contribution to the socio-economic development of their nation. Reportedly The Karnataka High Court recently directed the State government to ensure that each police station maintains an up-to-date list of senior citizens in its jurisdiction, if no such list is maintained as per provisions of the Karnataka Maintenance and Welfare of Parents and Senior Citizens Rules, 2009.Observing that it is high time the State government prescribes a comprehensive action plan for protecting the life and property as per the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Rules, the high court said that the government is required to provide a helpline to senior citizens in taluk and district headquarters as well.Justice Ashok B. Hinchigeri passed the order while disposing a petition filed by 70-year-old Pachamma. She was living in a house, allotted by the Karnataka Slum Development Board, at New Byappanahalli in Bengaluru since 1970. She had borrowed Rs. 30,000 from S. Karunakaran, a money lender, in 1996, as her child was suffering from heart related ailments. She had repaid the loan within six months. She alleged that Karunakaran had secured her signature on a blank sheet of paper at the time of giving money to her and continued to demand more money. With the help of his henchmen, he removed her from her house in 2008 and illegally took possession of the property.On her complaint, Byappanahalli police had registered a case under provisions of the Karnataka Prohibition of Charging Exorbitant Interest Act and the Prize Chit and Money Circulation Schemes (Banning) Act. However, the court noted that the police had not filed a charge sheet, for reasons best known to them, against Karunakaran for taking possession of her house unlawfully. The court directed the police commissioner to restore the house to her after verifying the facts while asking the State to ensure that an action plan is in place for the protection of life and property of senior citizens as per Section 21 of the Rules framed in 2009.