Sections Particulars
Preamble
AN ACT to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constituti...
Chapter I Preliminary
1 Short title extent, Application and commencement
Chapter I: Preliminary 1.     This Act may be called the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.2.     It extends to the whole o...
2 Definitions
2. Definitions.- In this Act, unless the context otherwise requires,—a.     “children” includes son, daughter, grandson and grand-daughter but does not inclu...
3 Act to have overriding effect
3. Act to have overriding effect.- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment ot...
Chapter II Nature of Limited Liability Partnership
4 Maintenance of parents and senior citizens
Chapter II: Nature of Limited Liability Partnership4. Maintenance of parents and senior citizens.- 1.     A senior citizen including parent who is unable to...
5 Application for maintenance
1.     An application for maintenance under section 4, may be made—a.     by a senior citizen or a parent, as the case may be; orb.    if he is incapable, ...
6 Jurisdiction and procedure
1.     The proceedings under section 5 may be taken against any children or relative in any district—a.     where he resides or last resided; orb.    where...
7 Constitution of Maintenance Tribunal
7. Constitution of Maintenance Tribunal.- 1.     The State Government shall within a period of six months from the. Date of the. commencement of this Act, b...
8 Summary procedure in case of inquiry
8. Summary procedure in case of inquiry.- 1.     In holding any inquiry under section 5, the Tribunal may, subject to any rules that may be prescribed by th...
9 Order for maintenance
9. Order for maintenance.- 1.     If children or relatives, as the case may be, neglect or refuse to maintain a senior citizen being unable to maintain hims...
10 Alteration in allowance
10. Alteration in allowance.- 1.     On proof of misrepresentation or mistake of fact or a change in the circumstances of any person, receiving a monthly al...
11 Enforcement of order of maintenance
11. Enforcement of order of maintenance.- 1.     A copy or the order of maintenance and including the order regarding expenses of proceedings, as the case m...
12 Option regarding maintenance in certain cases
12. Option regarding maintenance in certain cases.- Notwithstanding anything contained in Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) wher...
13 Deposit of maintenance amount
13. Deposit of maintenance amount.- When an order is made under this Chapter, the children or relative who is required to pay any amount in terms of such ord...
14 Award of interest where any claim is allowed
Where any Tribunal makes an order for maintenance made under this Act, such Tribunal may direct that in addition to the amount of maintenance, simple interes...
15 Constitution of Appellate Tribunal
1.     The State Government may, by notification in the Official Gazette, constitute one Appellate Tribunal for each district to hear the appeal against the...
16 Appeals
16. Appeals.- 1.     Any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the orde...
17 Right to legal representation
17. Right to legal representation.- Notwithstanding anything contained in any law, no party to a proceeding before a Tribunal or Appellate Tribunal shall be ...
18 Maintenance Officer
18. Maintenance Officer.- 1.     The State Government shall designate the District Social Welfare Officer or an officer not below the rank of a District Soc...
Chapter III Establishment of Old age
19 Establishment of old age homes
Chapter Ill: Establishment of Old age19. Establishment of old age homes.- 1.     The State Government may establish and maintain such number of old age home...
Chapter IV Provisions for Medical Care of Senior Citizen
20 Medical support for senior citizen
Chapter IV: Provisions for Medical Care of Senior Citizen The State Government shall ensure that, -              i.        the Government hospitals or hosp...
Chapter V Protection of Life and Property of Senior Citizen
21 Measures for publicity awareness, etc., for welfare of senior citizen
Chapter V: Protection of Life and Property of Senior Citizen The State Government shall, take all measures to ensure that—      i.        the provisions of...
22 Authorities who may be specified for implementing the provisions of this Act
1.     The State Government may, confer such powers and impose such duties on a District Magistrate as may be necessary, to ensure that the provisions of th...
23 Transfer of property to be void in certain circumstances
1.     Where any senior citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition...
Chapter VI Offences and Procedure for Trial
24 Exposure and abandonment of senior citizen
Chapter VI: Offences and Procedure for Trial24. Exposure and abandonment of senior citizen.- Whoever, having the care or protection of senior citizen leaves,...
25 Cognizance of offences
25. Cognizance of offences.- 1.     Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (2 of 1974) every offence under this Act sha...
Chapter VII Miscellaneous
26 Officers to be public servants
Chapter VII: Miscellaneous Every officer or staff appointed to exercise functions under this Act shall be deemed to be a public servant within the meaning of...
27 Jurisdiction of civil courts barred
No Civil Court shall have jurisdiction in respect of any matter to which any provision of this Act applies and no injunction shall be granted by any Civil Co...
28 Protection of action taken in good faith
28. Protection of action taken in good faith.- No suit, prosecution or other legal proceeding shall lie against the Central Government, the State Governments...
29 Power to remove difficulties
29. Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in t...
30 Power of Central Government to give directions
The Central Government may give directions to State Governments as to the carrying into execution of the provisions of this Act....
31 Power of Central Government to review
The Central Government may make periodic review and monitor the progress of the implementation of the provisions of this Act by the State Governments....
32 Power of State Government to make rules
1.     The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.2.     Without prejudice to...
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