The Sindh Senior Citizens Welfare Act, 2014

Sindh Act No. XXI of 2016

Enacted:

Latest amendment made by the Sindh Senior Citizen Welfare (Amendment) Act, 2023 (Sindh Act No. XXIV of 2023).

Content

Parts, Chapters and Schedules

Sections

to make provisions for the welfare of senior citizens of the Province of Sindh.

WHEREAS it is expedient to make provisions for welfare of the senior citizens of the Province of Sindh by providing them support for improvement of their entire well-being of the elderly, their participation in the society and to provide for matters ancillary thereto;

It is hereby enacted as follows:-

1. Short title, extent and commencement.
(1) This Act may be called the Sindh Senior Citizens Welfare Act, 2014.

(2) It shall extend to the whole of the Province of Sindh.

(3) It shall come into force at once.

2. Definitions.
In this Act, unless there is anything repugnant to the subject or context –

(a) “Council” means the Council established under section 3;

(b) “dental services” means the dental services provide d by the hospital, clinic, dispensary and health care centre controlled by Government;

(c) "geriatric” means the branch of medical science devoted to the study of the biological and physical changes and the diseases of old age;

(d) “Fund” means the Senior Citizens Welfare Fund established under section 12.

(e) “Government” means the Government of Sindh;

(f) “lodging establishment" means a building, edifice, structure, apartment or house including tourist inn, apartelle, motorist hotel, and pension house engaged in catering lasing or providing facilities to transients, tourists or travellers;

(g) “medical and health services” means a hospital serv ices, professional services of physicians and other health care professionals and diagnostics and laboratory tests necessary for diagnosis or treatment of an illness or injury provided in Government hospitals, clinics, dispensaries and health care centres;

(h) “prescribed” means prescribed by rules made under this Act;

(i) “senior citizen” means a senior citizen permanently resident of the Province of Sindh who is the age of sixty years 1[and]1 above;

(j) "senior citizen card" means the identification card issued by the Council to avail benefits and privileges as provided under this Act.

3. Establishment of council.
(1) Government shall, by notification in the official Gazette, establish a Council for the welfare of the senior citizens which shall consist of –

(i) Minister for Social Welfare Chairperson Department

(ii) Two Members of Provincial Assembly Member of Sindh to be nominated by the Speaker of Sindh Assembly

(iii) Secretary, Finance Department Member

(iv) Secretary, Health Department Member

(v) Secretary, Local Government Member Department

(vi) Secretary, Zakat and Usher Department Member

(vii) Secretary, Transport Department Member

(viii) Secretary, Food and Agriculture Member Department

(ix) Two members from amongst a well Member known NGO's, one engaged in the welfare of the Senior Citizens and one from human rights

(x) Two senior citizens from civil society, Member one of whom shall be a retired Government officer and one businessman

(xi) One Retired Sessions Judge or Member Additional Sessions Judge

(xii) Secretary, Social Welfare Department Member/ Secretary

(2) The Council shall be a body corporate, having perpetual succession and a common seal with the power to acquire, hold and dispose of property both movable and immovable, and shall by the said name sue and be sued.

(3) The headquarters of the Council shall be at Karachi and it 2[may]2 establish its offices at district level in Sindh.

(4) The Council may co-opt any person as a member for any particular purpose, but such person shall not have right of vote.

(5) An official member appointed by virtue of his office shall cease to be the member on vacating such office.

(6) A non-official member shall hold office for a period of three years from the date of his appointment, and shall be eligible for re-appointment for such duration as the Government may determine.

(7) A non-official member may at any time, before the expiry of his term, resign from his office, or be removed from office by the Government without assigning any reason.

(8) Any person appointed on a casual vacancy in the office of non-official member shall hold office for the unexpired portion of the term of such vacancy.

4. Disqualification of member.
No person shall be or shall continue to be a member who –

(I) is not a citizen of Pakistan;

(II) is found a lunatic or becomes of un-sound mind;

(III) is or at any time has been convicted of an offence involving moral turpitude;

(IV) is or has at any time been adjudicated insolvent;

(V) is or has at any time been disqualified for employment in or dismissed from Government service;

(VI) is acting in contravention of the provisions of this Act;

(VII) has financial interest in any aspect of the Authority, or has a conflict of interest, directly or indirectly, with the Authority.

5. Functions of the Council.
(1) Subject to other provisions of this Act 3[and any other law for time being in force]3, the Council shall take such measures and perform such functions as may be necessary for welfare of the senior citizens and improving their well-being of the elderly and participation in the society.

(2) Without prejudice to the generality of the foregoing functions, the Council shall –

(a) formulate policies for welfare and improving the well-being of senior citizens;

(b) issue the Senior Citizens Card 4[(SINDH SENIOR CITIZEN)]4 by providing essential services and benefits to the senior citizens;

(c) establish senior citizens lodging establishment, homes for physical, mental, emotional, social and economic well-being of senior citizens;

(d) promote participation of senior citizens in the national life and use their knowledge, skills and experience in various fields of life;

(e) liaise with National and International Agencies and Non-Governmental Organization for providing financial assistance periodically in improving of the well-being of senior citizens;

5[(f) provide free geriatric, medical and health services with free medicines as prescribed by the respective Medical Officer from Government dispensaries, hospitals and medical centres;]5

(g) provide assistance to the retired senior citizen to get his pensionary benefits and other dues from the concerned departments and organizations;

6[(h) ensure admissible concession in fares in road or railway or air transport;]6

(i) provide twenty five percent discount at recreation centres, cinemas, theatres, visiting places including hotels, motels, resorts, restaurants, food points and lodging establishments;

7[(j) [Omitted].]7

(k) 8[provide exemption to the senior citizen from training fees for socio-economic programmes organized or arranged by the Provincial Government Department;]8

(l) 9[[Omitted].]9

Explanation:

Wherever there is a mention of concession in this Act it means the concession in the net profit of the seller.

6. Meetings of the council.
(1) The meetings of the Council shall be held as and when required by the Chairperson or in his absence, the Vice-Chairperson at the time and place as the Chairperson or Vice Chairperson, as the case may be;

Provided that the meeting shall be held at least once in two months.

(2) Half of the total membership of the Council shall constitute a quorum for a meeting of the Council.

(3) The members shall have reasonable notice of the time and place of the meeting and matters on which a decision by the Council shall be taken in such meeting.

(4) The decision of the Council shall be taken by the majority of its members present and, in case of a tie, the member presiding a meeting shall have a casting vote.

(5) All orders, determination and decision of the Board shall be taken in writing and shall be signed by the Secretary.

7. Delegation of Powers by Government.
Government may assign any other function to the Council or for carrying out any activity being essential and beneficial for development and improvement of well-being of a senior citizen.

8. Establishment of old age homes.
(1) Government shall establish and maintain such number of old age homes at accessible places, as it may deem necessary, in a phased manner, beginning with at least one in each 10[divisional headquarter]10 to accommodate indigent senior citizens in such homes.

11[(2) The Council may, with the approval of the Government, prescribe scheme for management of old age homes including the standards and various types of services to be provided by them which are necessary for medical care and means of entertainment to inhabitants of such homes.]11

Explanation:- For the purpose of this section, "indigent" means any senior citizen who has not having sufficient means of income as may be determined by the Council, from time to time.

12[(3) The District Social Welfare Officer shall be the incharge of day to day administrative and financial affairs of the Senior Citizen Homes.]12

9. Powers and functions of Government.
Government shall ensure that –

(i) Government hospitals or hospitals funded fully or partially by the Government shall 13[assign priority for providing]13 beds for all senior citizens as far as possible;

(ii) separate queues be arranged for senior citizens;

(iii) facility for treatment of chronic, terminal, geriatric and degenerative diseases;

(iv) research activities for chronic elderly diseases and aging;

(v) earmark facility for geriatric patient in every district Government hospital duly headed by a medical officer with experience in geriatric care;

(vi) establishment of senior citizens day care centres to promote their physicals, mental and recreational needs;

(vii) availability of special facilities in banks and saving centres and special facilities in ticket counters;

14[(viii) [Omitted].]14

15[(ix) [Omitted].]15

(x) arrange programme for retraining and job oriented skill training for senior citizens;

(xi) 16[subject to Zakat Act and other relevant laws]16 make provision of Zakat funds and Baitul Maal for maintenance, medical and other financial problems of senior citizens;

17[(xii) [Omitted].]17

(xiii) to make provisions of Benevolent Funds for special needs of Senior citizen;

(xiv) to observe of International Senior Citizens Days;

(xv) to provide opportunity to the senior citizen in sharing his expertise in delivering lecture, writing book and nominating for award of prize, medal, shield and certificate in recognition of services.

(xvi) to collect data of senior citizens at Union Council level;

(xvii) to support the Non-governmental Organizations working for the welfare of senior citizens;

(xviii) to make provisions for wide publicity through public media including the television, radio and print at regular intervals regarding facilities provided to senior citizens under this Act;

(xix) to impart training to the officers of Government, including police officers and members of the judicial service, sensitization and awareness on the issues relating to this Act;

(xx) for effective coordination between the services provided by the concerned ministries or departments dealing with law, home affairs, health and welfare, to address the issues relating to the welfare of the senior citizens and periodical review of the same is conducted.

18[10. Implementation of the provisions of this Act.
Government may confer such powers and impose such duties on a Deputy Commissioner as may be necessary, to ensure that the provisions of this Act are properly carried out and the Deputy Commissioner may specify the officer subordinate to him who shall exercise all or any of the powers, and perform all or any of the duties so conferred or imposed and the local limits within which such powers and duties shall be carried out by the officers as may be prescribed.]18

19[(2) [Omitted].]19

20[11. Transfer of property to be void in certain circumstances.
[Omitted].]20

12. Senior Citizens Welfare Fund.
(1) There shall be established a Fund to be known as the Senior Citizens Welfare Fund.

(2) The Fund shall be utilized for all activities relating to welfare of senior citizens and improving their well-being in the society.

(3) The sources of the Fund shall include the sum of money allocated by the Government, grants-in-aid from multi-lateral and bilateral donors, national or international organizations, local councils, civil society or from any other source.

(4) The Council shall, with the approval of Government, invest the Fund in any scheme including Government securities for raising funds.

(5) The Fund shall be managed and operated in the manner as may be prescribed.

13. Audit and accounts.
The Fund shall be maintained in accordance with the rules and shall be auditable annually through Auditor General of Pakistan and the report of the audited accounts shall be presented to Government.

21[14. Contravention.
Any person who refuses to honor the senior citizen card issued by the Council or violates any provision of this Act, shall be punished with fine which may extend to thirty thousand rupees or with both.]21

15. Exposure and abandonment of senior citizen.
Whoever, having the care and protection of senior citizen including family member and spouse, leaves such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for three months or fine

16. Cognizance of offences.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, every offence under this Act shall be cognizable and bailable.

(2) An offence under this Act shall be tried summarily by a Judicial Magistrate of First Class.

17. Public servant.
The officers authorized to do certain thing or act in certain manner shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code, 1860 (Act XLV of 1860).

18. Protection of action taken in good faith.
No suit, prosecution and other legal proceedings shall lie against Government, Council or any local authority in respect of anything which is done in good faith or intended to be done in pursuance of this Act and any rules or orders made thereunder.

19. Powers to make rules.
Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

20. Removal of difficulties.
If any difficulty arises in giving effect to any of the provisions of this Act, Government may make such order not inconsistent with the provisions of this Act for removing the difficulty.

Footnotes

1 In section 2, clause (i), the word ‘or’ substituted by ‘and’ by the Sindh Senior Citizen Welfare (Amendment) Act, 2023 (Sindh Act No. XXIV of 2023), s. 2. ↩

2 In section 3, sub-section (3), the word ‘shall’ substituted by ‘may’ by Sindh Act No. XXIV of 2023, s. 3. ↩

3 Words inserted in section 5, sub-section (1), by Sindh Act No. XXIV of 2023, s. 4(a). ↩

4 Expression substituted in section 5, sub-section (2), clause (b), by Sindh Act No. XXIV of 2023, s. 4(b)(i). ↩

5 Closing words concerning concession at private hospitals, medical centers and clinics omitted from section 5, sub-section (2), clause (f), by Sindh Act No. XXIV of 2023, s. 4(b)(ii). ↩

6 Clause (h) substituted by Sindh Act No. XXIV of 2023, s. 4(b)(iii). ↩

7 Clause (j) omitted by Sindh Act No. XXIV of 2023, s. 4(b)(iv). ↩

8 Words inserted in clause (k) before the semicolon by Sindh Act No. XXIV of 2023, s. 4(b)(v). ↩

9 Clause (l) omitted by Sindh Act No. XXIV of 2023, s. 4(b)(vi). ↩

10 In section 8, sub-section (1), the word ‘district’ substituted by ‘divisional headquarter’ by Sindh Act No. XXIV of 2023, s. 5(a). ↩

11 Sub-section (2) of section 8 substituted by Sindh Act No. XXIV of 2023, s. 5(b). ↩

12 Sub-section (3) of section 8 substituted by Sindh Act No. XXIV of 2023, s. 5(c). ↩

13 In section 9, clause (i), the word ‘provide’ substituted by the words ‘assign priority for providing’ by Sindh Act No. XXIV of 2023, s. 6(a). ↩

14 Clause (viii) omitted by Sindh Act No. XXIV of 2023, s. 6(b). ↩

15 Clause (ix) omitted by Sindh Act No. XXIV of 2023, s. 6(c). ↩

16 Words inserted in clause (xi) before the word ‘make’ by Sindh Act No. XXIV of 2023, s. 6(d). ↩

17 Clause (xii) omitted by Sindh Act No. XXIV of 2023, s. 6(e). ↩

18 In section 10, sub-section (1), the brackets and figure ‘(1)’ omitted by Sindh Act No. XXIV of 2023, s. 7(a). ↩

19 Sub-section (2) of section 10 omitted by Sindh Act No. XXIV of 2023, s. 7(b). ↩

20 Section 11 omitted by Sindh Act No. XXIV of 2023, s. 8. ↩

21 Words prescribing rigorous imprisonment omitted from section 14 by Sindh Act No. XXIV of 2023, s. 9. ↩

This digital version of the Sindh Senior Citizens Welfare Act, 2014 is provided as-is. Although reasonable efforts have been made to ensure accuracy and avoid error, no warranty is made as to its accuracy or completeness. Consult the official sources or Gazette when legal accuracy is material.