The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Administered Ministry: Ministry of Social Justice and Empowerment / Department of Social Justice and Empowerment
Section
Section 21 Measures for publicity, awareness, etc., for welfare of senior citizens.
The State Government shall, take all measures to ensure that--
(i) the provisions of this Act are given wide publicity through public media including the television, radio and the print, at regular intervals;
(ii) the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act;
(iii) effective co-ordination 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.
(i) the provisions of this Act are given wide publicity through public media including the television, radio and the print, at regular intervals;
(ii) the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act;
(iii) effective co-ordination 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.
Section 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 this Act are properly carried out and the District Magistrate 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 or duties shall be carried out by the officer as may be prescribed.
(2) The State Government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens.
(2) The State Government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens.
Section 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 that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal.
(2) Where any senior citizen has a right to receive maintenance out of an estate and such estate 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.
(3) If, any senior citizen is incapable of enforcing the rights under sub-sections (1) and (2), action may be taken on his behalf by any of the organisation referred to in Explanation to sub-section (1) of section 5.
(2) Where any senior citizen has a right to receive maintenance out of an estate and such estate 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.
(3) If, any senior citizen is incapable of enforcing the rights under sub-sections (1) and (2), action may be taken on his behalf by any of the organisation referred to in Explanation to sub-section (1) of section 5.
Section 24 Exposure and abandonment of senior citizen.
Whoever, having the care or protection of senior citizen 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 a term which may extend to three months or fine which may extend to five thousands rupees or with both.
Section 25 Cognizance of offences.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under this Act shall be cognizable and bailable.
(2) An offence under this Act shall be tried summarily by a Magistrate.
(2) An offence under this Act shall be tried summarily by a Magistrate.
Section 26 Officers to be public servants.
Every officer or staff appointed to exercise functions under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code(45 of 1860).
Section 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 Court in respect of anything which is done or intended to be done by or under this Act.
Section 28 Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against the Central Government, the State Governments or the local authority or any officer of the Government 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.
Section 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 the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act.
Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act.
Section 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.
Section 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.
Section 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 the generality of the foregoing power, such rules may provide for--
(a) the manner of holding inquiry under section 5 subject to such rules as may be prescribed under sub-section (1) of section 8;
(b) the power and procedure of the Tribunal for other purposes under sub-section (2) of section 8;
(c) the maximum maintenance allowance which may be ordered by the Tribunal under subsection (2) of section 9;
(d) the 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 the inhabitants of such homes under sub-section (2) of section 19;
(e) the powers and duties of the authorities for implementing the provisions of this Act, under sub-section (1) of section 22;
(f) a comprehensive action plan for providing protection of life and property of senior citizens under sub-section (2) of section 22;
(g) any other matter which is to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of State Legislature, where it consists of two Houses or where such legislature consists of one House, before that House.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for--
(a) the manner of holding inquiry under section 5 subject to such rules as may be prescribed under sub-section (1) of section 8;
(b) the power and procedure of the Tribunal for other purposes under sub-section (2) of section 8;
(c) the maximum maintenance allowance which may be ordered by the Tribunal under subsection (2) of section 9;
(d) the 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 the inhabitants of such homes under sub-section (2) of section 19;
(e) the powers and duties of the authorities for implementing the provisions of this Act, under sub-section (1) of section 22;
(f) a comprehensive action plan for providing protection of life and property of senior citizens under sub-section (2) of section 22;
(g) any other matter which is to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of State Legislature, where it consists of two Houses or where such legislature consists of one House, before that House.