PART II — Section I

1 · . (/) This Act may be called the Maintenance and Welfare of Parents and Senior Citizens Act , 2007 .

2 · . In this Act , unless the context otherwise requires,—

5 · . (/) An application for maintenance under section 4 , may be made—

6 · . (/) The proceedings under section 5 may be taken against any children or relative in any district—

8 · . (/) In holding any inquiry under section 5 , the Tribunal may , subject.to any rules that may be prescribed by the State Government in this behalf, f, follow such summary procedure as it deems fit .

9 · . (/) If children or relatives , as the case may be , neglect or refuse to maintain a senior citizen being unable to maintain himself, f, the Tribunal may , on being satisfied of such neglect or refusal , order such children or relatives to make a monthly allowance at such monthly rate for the maintenance of such senior citizen , as the Tribunal may deem fit and to pay the same to such senior citizen as the Tribunal may , from time to time , direct .

10 · . (/) On proof of misrepresentation or mistake of fact or a change in the circumstances of any person , receiving a monthly allowance under section 9 , for the maintenance ordered under that section to pay a monthly allowance for the maintenance , the Tribunal may make such alteration , as it thinks fit, in the'allowance for the maintenance .

11 · . (/) A copy of the order of maintenance and including the order regarding expenses of proceedings , as the case may be , shall be given without payment of any fee to the senior

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12 · . Notwithstanding anything contained in Chapter IX of the Code of Criminal Procedure , 1973 , where a senior citizen or a parent is entitled for maintenance under the said Chapter and also entitled for maintenance under this Act may , without prejudice to the provisions of Chapter IX of the said Code , claim-such maintenance under either of those Acts but not under both .

13 · . When an order is made under this'Chapter , the children or relative who is required to pay any amount in terms of such order shall , within thirty days of the date of announcing the order by the Tribunal , deposit the entire amount ordered in such manner as the Tribunal may direct .

14 · . Where any Tribunal makes an order for maintenance made under this Act , Tribunal may direct that in addition to the amount of maintenance , simple interest shall ' also be paid at such rate and from such date not earlier than the date of making the application as may be determined by the Tribunal which shall not be less than five per cent , and nd not more than eighteen per cent.:

15 · . (1) The State Government may , by notification in the Official Gazette , constitute one Appellate Tribunal for each district to hear the appeal against the order of the Tribunal . ,

16 · . (I) Any senior citizen or a parent , as the case maybe , aggrieved " by'ari order of a Tribunal may , within sixty days from the date of thVorderj prefer ari appeal "to. o. the Appellate Tribunal:

18 · . (1) The State Government shall designate the District Social Welfare Officer or an officer not below the rank of a District Social Welfare Officer , by whatever name called as Maintenance Officer .

19 · . (I) The State Government may establish and maintain such.number of oldage homes at accessible places , as it may deem necessary , in a phased manner , beginning with at least one in each district to accommodate in such homes a minimum of one hundred fifty senior citizens who are indigent .

20 · . The State Government shall ensure that, —

21 · . The State Government shall , take all measures to ensure that— t—

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22 · . (I) 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 , an d 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 .

23 · . (I) 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 ,

24 · . 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 , imprisoninent of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both . '

25 · . (I) Notwithstanding anything contained in the Code of Criminal Procedure , 1973 , every offence under this Act shall be cognizable and bailable .

26 · . 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 .

27 · . 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 .

28 · . 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 .

29 · . 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:

31 · . 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 · . (/) The State Government may , by notification in the Official Gazette , make rules for carrying out the purposes of this Act .