For many countries in Europe and in The US over 60-years old, State and federal programs provide numerous benefits and community services to help cope with some of the hardships associated with aging. Every country has an Office for Aging aimed at helping seniors get vital information on these and other programs.
Some of these programs, like Social Security and Medicare, are already well known to most people.
Thanks to Allah that the Government of Pakistan has also taken this step for the citizens of Islamabad. The purpose of writing this article is to make the senior citizens of Islamabad aware of this program. And tell them how to apply for the program. And how to take advantage of it.
Elders applying for various benefits should know, the program has its own requirements and qualifications applicants will need to refer to. So seniors are strongly encouraged to consult with an experienced elder law attorney about their situation.
Depending on the year of your birth, seniors can apply for full benefits starting at age 60. You might apply for your deceased spouse’s benefits at age 60 if the deceased was working and qualified for benefits.
Seniors 60-years or older are also eligible for Medicare benefits. The program does more than provide affordable health care and prescription drugs for elders in Islamabad. Following are the details of the Senior Citizens Act, 2020. But if you’ll not understand the Act, here are the explained definitions of the Act you can visit for study.
Senior Citizens Act, 2020 For Islamabad
The National Assembly of Pakistan passed a bill to provide for the wellbeing, comfort, and dignity of the senior citizens residing in the Islamabad Capital Territory.
When Was Passed The Senior Citizens Act, 2020 For Islamabad?
The Islamabad Capital Territory Senior Citizens Act, 2020 was passed on Monday, 19th April 2021 in the 3rd Parliamentary Year (13th August 2020 to 12th August 2021 ) of the National Assembly of Pakistan.
Why was it necessary to pass such a bill?
The Constitution of the Islamic Republic of Pakistan enjoins on the State to alleviate the sufferings of all citizens, irrespective of sex, caste’ creed, or race.
Being a member state of the United Nations, Pakistan has committed to fulfilling its international obligations, which include following the
- UN Principles for Older Persons.
- Madrid International Plan of Action on aging.
Minister For Human Rights Statement Of Object And Reasons For Senior Citizens Act, 2020
It is the duty of the State to provide protection, either directly or by means of institutions established to provide financial assistance to senior citizens. Every person has the inherent right to a healthy and comfortable home, a healthy diet, adequate clothing, care of physical and moral health, as well as right to means of recreation, work’ stability and respect.
This Bill aims to socially and economically protect the senior citizens of Islamabad. In this respect, it aims to establish a Fund for these senior citizens as well as build and maintain old-age homes for the indigent senior citizens. It also creates a Council, including members from all relevant departments of the Government, that shall ensure that all possible steps and acts are taken to provide for the wellbeing, comfort, and dignity of these senior citizens.
Main Points of The Act
- This Act may be called the Islamabad Capital Territory Senior Citizens Act, 2020
- It shall extend to the Islamabad Capital Territory
Soon as the commencement of the Act, the Ministry of Human Rights shall establish a Council to be known as the Senior Citizens Council.
Senior Citizens Council
The Council shall be an autonomous body corporate having its own seal and may enter into contracts and may acquire, purchase, rent, hold and enjoy the moveable and immovable property of every description and may in all legal ways transfer or dispose of any moveable or immovable property or any interest vested in such property.
Establishment Of The Council
The seal of the Council shall be kept in the custody of the Chairperson of the Council.
Composition Of The Council
The Council shall consist of the following:
- Minister for Human Rights Division as Chairperson.
- Member of the Civil Society to be nominated by ICT Administration as Member.
- Chief Commissioner, ICT as Member.
- One representative not below the level of joint SecretarySecretary of the Finance Division as Member.
- One representative not below the level of Joint Secretary of the National Health Services, Regulations, and Coordination
Division as Member
- One representative from Pakistan, Bait Ul-Maal, as Member.
- Senior CitizenCitizen nominated by Human Rights Division as Member.
- One Member of the National Assembly from the opposition to be appointed by the Speaker as a Member.
- One Member of the Senate from the opposition to be appointed by the Chairman Senate as a Member.
- One representative from the Poverty Alleviation and Social Security Division not below the level of Joint Secretary as Member.
- Secretary Human Rights Division Ex-officio cum secretary as Member.
Rules and Regulations
The Council shall have the powers to co-opt members from amongst the relevant departments and from persons who are experts in their respective fields for advice on particular matters under its consideration.
Nominated Term For a Member
The members of the Council, other than ex-officio Member shall be nominated for a term of three years which may be extended for another term of three years.
If a member is unable to perform
If a member of the Council, other than ex-officio Member, is unable to perform as Member of the Council, he shall inform the Council and the Council after receiving such information, may cancel his or her membership.
How to Fill a Casual Vacancy of a Member?
Any casual vacancy of a member, other than an ex-officio member, shall be filled in by a person nominated by the respective authority, and the person so nominated shall hold the office for the unexpired period of the term of his predecessor.
The Executive Committee of the Council
The Council shall constitute an Executive Committee comprising of the Chairperson, two members, and Secretary of the Council. The Executive Committee shall perform such functions as may be assigned to it by the Council.
Appointment of employees or officers
To carry out the purposes of this Act, the Council may appoint or employ advisors, experts, and consultants of the required fields on such terms and conditions as may be prescribed in the Regulations.
Qualification of Members
No person shall be a member of the Council unless:
- He is a citizen of Pakistan.
- He is sane and of sound mind.
- He has not been convicted of an offense involving moral turpitude.
- He has not, at any time, been disqualified for employment in or dismissed from Government service.
- He is not acting in contravention of the provisions of this Act.
- He has no conflict of interest, directly or’ indirectly, with the Council.
Powers and Functions of the Council
Subject to the provisions of this Act and any rules prescribed therein, the Council shall exercise such powers and perform such functions, as may be necessary for carrying out the purposes of this Act,
Without prejudice to the generality of the fore-going subsection’ the Council shall
- Formulate policy proposals on aging in the light of national and international commitments on the welfare of senior citizens and submit these proposals to the Ministry concerned with the subject of the Act for approval from time to time.
- Conduct research and compile data on various aspects of aging for the wellbeing of senior citizens for policy formulation.
- Take steps towards the introduction of geriatrics as part of the syllabus of medical universities or colleges.
- Propose arrangements in hospitals for better medical attention to Senior citizens.
- Create facilities including clubs, for better social interaction among senior citizens;
- Arrange workshops to educate senior citizens about life changes required for a healthy and satisfying old age;
- Formulate proposals to accommodate the requirements of senior citizens in urban and rural planning and development;
- Undertake social, economic, and other welfare activities in collaboration with public and private sectors for the welfare of senior citizens;
- Mobilize financial resources for the welfare and rights of the senior Citizens.
- Constitute committees to assess and carry out welfare activities for senior citizens.
- Coordinate with Government, non-governmental and international social and welfare organizations at national and international levels to take steps for the welfare of senior citizens.
- Make regulations for the proper functioning of the Council, including regulations for the appointment of different categories of employees under the administrative control of the Council.
- Publish reports and other material for guidance and welfare of senior citizens.
- Grant of senior citizens awards in the fields of their expertise;
- Create awareness in public through organizing seminars, workshops, conferences, and the use of mass media.
- Establish senior citizens old-age homes to accommodate homelessly, deserted and indigent senior citizens and
- To encourage to set up an organization of senior citizen corps for utilization of their potential for service activities and national Development.
- Ensure fulfillment of international commitments of Pakistan relating to senior citizens; and
- Such other matters as may be prescribed.
Meetings of the Council
Quorum For The Meeting
The meetings of the Council shall be held quarterly and shall be presided over by the Chairperson or, in his absence, by a member nominated by the Chairperson for the purpose. The quorum shall be constituted by one-third of the total members of the Council.
Decisions of the Council
All decisions of the Council shall be taken by a simple majority of the members of the Council present in the meeting. The Chairperson shall have a casting vote in case of a tie. Decisions of the Council shall be recorded by the SecretarySecretary of the Council, who shall circulate such decisions for confirmation to the Chairperson and the members within fifteen days of each meeting.
Establishment of old-age Home
- The Division concerned shall establish and maintain an old” age home to be known as Dar-ul-Shafqat’ an accessible place, to accommodate the indigent senior citizens of Islamabad.
- The Division concerned shall prescribe a scheme for management of old age home including the standards and various types of services to be provided by the old age home, which is necessary for medical care and provides means of entertainment to inhabitants of such home.
- The Division concerned shall encourage and promote schemes for the establishment of old homes in the private sector, and the Council shall regulate such old homes in the prescribed manner.
Privileges to Senior Citizens
A senior citizen may, on completion of his sixty years of age, apply for a senior citizen card. The procedure and criteria for obtaining the senior citizen card shall be prescribed in the Rules.
Privileges Upon Obtaining The Senior Citizen Card
- The senior CitizenCitizen shall be allowed the following privileges upon obtaining the senior citizen card.
- Free of charge entry to public museums, libraries, parks, and recreation facilities
- Provision of express lanes in government establishments.
- Financial support to deserving senior citizens.
- Provision, at the Government hospitals or hospitals, fully or partially funded by the Government of:
- Separate counters.
- Separate medical wards and beds as far as practicable
- Maximum concession in medical and dental services diagnostic and laboratory facilities, including but not limited to x-rays, computerized scans, and blood tests and
- Concession in medicine charges
- Grant of twenty percent discount on the purchase of the following goods and services from all designated establishments for the exclusive use and enjoyment of the senior citizens.
- On purchase of medicines and such other medical supplies, accessories, and equipment as may be prescribed.
- On professional fees of attending physicians, medical and dental facilities and diagnostic and laboratory fees in all designated private hospitals, medical facilities, outpatient clinics, and health care services; and on domestic fare, while traveling by Airlines, Railways and Government transport.
- Exemption from the payment of individual income taxes of senior citizens where the annual income of the senior CitizenCitizen is such as may be prescribed;
- Financial support upon application made by the indigent senior CitizenCitizen to the Council subject to determination by the Council;
Retirement benefits
The Controlling Ministry shall ensure that pensionary benefits and dues from concerned departments shall be directly transferred to the concerned financial institution or post office.
The Controlling Ministry shall regularly review the retirement benefits of retired senior citizens from both the Government and the private sector to ensure their continuing responsiveness and sustainability, and to the extent practicable and feasible, such retirement benefits shall be upgraded to be at par with the current scale enjoyed by those in actual service.
Transfer of Property Void in Certain Cases
Where any senior citizen who has transferred by way of Hiba’ ba’shart_ul_lwaz his property, subject to the condition that the transferee shall provide the basic necessities of life such as maintenance to the transferor and such transferee refuses or fails to provide such basic necessities, the said transfer of property may at the option of the transferor be declared void by a court of competent jurisdiction.
Any senior citizen has a right to receive maintenance out of assets, and such assets or part thereof is transferred, the right to receive maintenance may be enforced against the transferee, if the transferee has notice of the right or if the transfer is gratuitous, but not against the transferee for consideration and without notice of right.
How Can You Put An Application for Maintenance?
An application for maintenance maybe made by a parent who is a senior citizen and is unable to maintain himself from his own earning or out of the property owned by him, against his legal heir, who is not a minor and is in possession of or would inherit his the property after the parent’s death. Application may be made to an ADR Centre as provided in the Alternative Dispute Resolution Act, 2017. The provisions of the said Act shall mutatis mutandis apply to the application.
Fund For Senior Citizens Council
The Ministry of Human Rights, in collaboration with the Ministry of Finance, shall establish a Fund to be known as the Senior Citizens Fund after the commencement of this Act. And it shall consist of:
- All grants, allocations made by the Government.
- All donations, endowments, contributions made by the private
Individual organizations within the country and abroad.
- All sums received by the Council from any other source including Pakistan Bait-ul-Mal, profits on investment from funds, funds generated by different campaigns and received from any lawful sources
- Funds shall be invested only in
Scheduled banks and National Saving Schemes.
- No investment will the made in stock market shares or used for speculation in any manner.
The Fund shall be administered by the Council, which shall make such allocations for specific activities, enumerated in sections 8,10, and 11 of this Act as deemed appropriate and in line with the performance of functions of the
Council.
The Federal Government shall make annual budgetary allocations for the establishment and other charges of the Council.
The Fund shall be utilized for:
- The establishment charges.
- For welfare and protection of the senior citizens.
The Fund shall be maintained in a scheduled bank and shall be
operated in accordance with directions of the Council.
The Ministry of Human Rights shall make known the details of the Fund by issuing a notification in the Official Gazette.
The Fund shall be regularly monitored by the Council and audited in the same manner as in the case of the funds of other Federal Government Departments.
The Fund shall be maintained in accordance with the rules and shall be auditable annually through the Auditor General of Pakistan, and an annual audit report of the Fund shall be submitted to the Federal Government.
Exemption For The Senior Citizens Fund
The Senior Citizens Fund shall be exempted from all kinds of taxation or levies under any law in force for the time being. All donations made to the Fund shall also be exempt from taxes.
What Are The Grievances And Redressal Procedure?
The Council shall constitute a Grievance Committee for redressal of grievances of senior citizens. The Grievance Committee shall consist of three members appointed by Council. The Council shall appoint one of the members of the grievance committee to be the chairman of the Grievance Committee.
Procedure on Complaints
If any complaint is received or any question or dispute arises as to entitlement of any privilege under this Act, the matter shall be decided by the Grievance Committee in such a manner and within such time, as may be prescribed.
If a person or entity contravenes any provision of this Act, the Grievance Committee may, in the prescribed manner, direct such person to pay a fine which may extend up to fifty thousand rupees.
In case of complaints related to negligence of the private health sector, particularly related to loss of life, the Committee shall have the power under subsection 18[3] to inquire into such complaints and upon findings of negligence impose a fine of a minimum of one million rupees on the responsible entity.
The Committee shall, while inquiring into complaints under this Act, have all the powers of a civil court trying a suit under Code of Civil Procedure, 1908 in respect of the following matters, namely:
- Summoning and enforcing the attendance of witnesses and their examination on oath;
- Discovery and production of documents.
- Receiving evidence of affidavits.
- Requisitioning of public record or copy thereof from the court or any Office.
- Any other matter which may be prescribed
Violation of directions of the Council
Whoever refuses to honor the senior citizen card or does not comply with any direction issued to him by the Council shall be liable to a fine not exceeding fifty thousand rupees.
Provided that no action shall be taken under this section unless fifteen days notice has been given for compliance, and such a person has failed to comply.
Exposure and Abandonment of Senior Citizen
Whenever any person, responsible for the care and protection of a senior citizen, leaves such senior CitizenCitizen in any place with the intention of wholly abandoning such senior CitizenCitizen, shall be punishable with a fine which may extend to one hundred thousand rupees by the Grievance Committee.
Appeal and Recover
Any person aggrieved from a decision of the Grievance Committee under section 19 or 20 ‘May within fifteen days from the date of the decision, file an appeal before the Council whose decision such appeal shall be final.
The Council may authorize any officer to recover the amount of fine levied under this Act, or any other amount recoverable under this Act, and such officer shall be deemed to be ‘Collector’ under the Land Revenue Act, 1967.
Authorities for implementing provisions of Senior Citizens Act, 2020
The Ministry of Human Rights may confer such powers and impose such duties on the Deputy Commissioner or any other officer of that rank as may be necessary to ensure that the provisions of this Act are properly carried out.
Are The Employees of The Council Considered to be Public Servants?
All employees of the Council shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code, 1860 (Act No. xLV of 1860).
Which are the private entities to whom apply The Senior Citizens Act, 2020
This Act shall apply to such private entities, bodies, and organizations as the Division concerned may specify by notification in the Official Gazette.
Who has the power to make rules?
The Minister-in-Charge of the Division concerned may, by notification in the Official Gazette, make rules for carrying out the purposes of the Senior Citizens Act, 2020.
Who Has The Power to Make Regulations For the Senior Citizens Act, 2020?
Subject to the provisions of this Act and the rules, the Council may by notification in the official Gazette make regulations for carrying out purposes of this Act.
Has The Senior Citizens Act, 2020 Power to Override Other Laws?
The provisions of the Senior Citizens Act, 2020 shall have an overriding effect notwithstanding anything contained in any other law for the time being in force.
Who Has The Power to remove difficulties in the Senior Citizens Act, 2020?
If any difficulty arises in giving effect to the provisions of Senior Citizens Act, 2020, the Minister-in-Charge Division concerned may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to be necessary or expedient for removing such difficulty. Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
Final Thoughts
The law has been made, but it remains to be seen when it will be implemented–And to what extent? We also need to see if senior citizens in other parts of the country and cities have been given similar reservations? Or maybe it’s being thought of in ruling circles. However, our article is a link in the chain that senior citizens, no matter where they live in the country, should be given rights and protections regardless of color, race, or religion.
Stay Safe!