The Maintenance and Welfare of Parents and Senior Citizens Act, 2007

/Maintenance and Welfare of Parents and Senior Citizens Act,
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PART II . SeCtioN I
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PUBLISHED BY AUTHORITY
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No, 67 I NEW DELHI, MONDAY. DECEM BER 31. 2OO7 /PAUSA 10. 1929
Separate paging is given to this Part in order that it may be filed as a separate compilation
MINISTRY OF LAW AND JUSTICE
( Leg islative Department)
New Delhi, the 31st December, 2007/Pausa 10, t929 (Saka)
The following Act of Parliament received the assent of the President on the 29th December,2A07 and is hereby
published for general information :
THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CTTTZENS ACT, 2Oo7
56 0F 2007No.
[29th December,2007)
An Act to provide for more effective provisions for the maintenance and welfare of parents and senior citizens
guaranteed and recognised under the Constitution and for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Fifty-eight Year of the Republic of India as follows:
CHAPTER I: Preliminary
1. Short title, extent and commencement
1. This Act may be called the Maintenance and Welfare of Parents and Senior Citizens Act,2007
2, It extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of
India outside India
3, Itshall come into force in a State on such date as the State Government may, by notification in the Official
Gazelle, appoint.
h"
nitions
this Act, unless the context otherwise requires -
a;"children".includes son, daughter, grandson and grand-daughter but does not include a minor
"maintenance" includes provision for food, clothing, residence and medical attendance and treatment
"minor" means a person who, under the provisions of the Majority Act, 1875 is deemed notto have attained
the age of majoritY
"parent" means father or mother whether biological, adoptive or step father or step mother, as the case may
be, whether or not the father or the mother is a senior citizen
"prescribed" means prescribed by rules made by the Stale Government under this Act
"property" means property of any kind, whether movable or immovable, ancestral or self acquired, tangible
or intangible and includes rights or interests in such property
,,relative" means any legal heir of the childless senior citizen who is not a minor and is in possession of or
would inherit his property after his death
"senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above
"State Government";, in relation to a Union territory, means the administrator thereof appointed under
article 239 of ihc Constitution
j. "Tribunal" means the Maintenance Tribunal constituted under section 7
k. "welfare" means provision for food, health care/ recreation centres and other amenities necessary for the
senior citizens
3, Act to have overiding effect
The orovisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any
enactment other than this Act, or in any instrument having effect by virtue of any enactment other than this Act.
CHAPTER II: MAINTENANCE OF PARENTS AND SENIOR CITIZENS
4. Maintenance of Parents and Senior Citizens
1. A senior citizen including parent who is unable to maintain himself from his own earning or property owned
by him, shall be entitled to make an application under section 5 in case of -
i. parent or grand-parent, against one or more of his children not being a minor
ii. a childless senior citizen, against such of his relative referred to in clause (g) of sectiu'r 2
2. The obligation of the children or relative, as the case may be, to maintain a senior citizen extends to the
needs of such citizen so that senior citizen may lead a normal life'
3, The obligation of the children to maintain his or her parent extends to the needs of such parent either father
or mother or both, as the case may be, so thatsuch parent may lead a normal life.
4. Any person being a relative of a senior citizen and having sufficient means shall maintain such senior citizen
provided he is in possession of the property of such senior citizen or he would inherit the property of such
senior citizen:
provided that where more than one relatives are entitled to inherit the property of a senior citizen, the
maintenance shall be payable by such relative in the proportion in which they would inherit his property,
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; or
b. if he is incapable, by any olher person or organisation authorised by him; or
c. the Tribunal may take cognizance sua motu
Explanation:For the purposes of this section "organisation" means any voluntary association registered under
the Societies Registration Act, 1860, or any other law for the time being in force,
2. The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance
under this section, order such children or relative to make a monthly allowance for the interim maintenance
of such senior citizen including parent and to pay the same to such senior citizen including parent as the
Tribunal may from time to time direct.
3. On receiptof an application for maintenance under sub-section(I), after giving notice of the application to the
children or relative and after giving the parties an opportunity of being heard, hold an Inquiry for
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7 determining the amount of maintenance
4. An application filed under sub-section (2) for the monthly allowance for the maintenance and expenses for
proceeding shall be disposed of within ninety days from the date of the service of notice of the application to
such person:
provided thatthe Tribunal may extend the said period, once for a maximum period of thirty days in
exceptional circumstances for reasons to be recorded in writing'
An application for maintenance under sub-section (I) may be filed against one or more persons:
provided that such children or relative may implead the other person liable to maintain parent in the
application for ma intenance.
Where a maintenance order was made against more than one person, the death of one of them does not
affect the liability of others to continue paying maintenance.
Any such allowance for the maintenance and expenses for proceeding shall be payable from the date of the
order, or, if so ordered, from the date of the application for maintenance or expenses of proceeding, as the
case may oe.
If, children or relative so ordered fail, without sufficient cause to comply with the order, any such Tribunal
may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for
levying fines, and may sentence such person for the whole, or any part of each month's allowance for the
maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the
warrant, to imprisonment for a term which may extend to one month or until payment if sooner made
whichever is earlier:
provided that no warrant shall be issued for the recovery of any amount due under this section unless
application be made to the Tribunal to levy such amount within a period of three months from the date on
which it became due.
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, or
b. where children or relative resides'
2. On receipt of the application under section 5, the Tribunal shall issue a process for procuring the presence of
children or relative against whom the application is filed'
3. For securing the attendance of children or relative the Tribunal shall have the power of a Judicial Magistrate
of first class as provided under the Code of criminal Procedure, 1973'
4. All evidence to such proceedings shall be taken in the presence of the children or relative against whom an
order for payment of maintenance is proposed to be made, and shall be recorded in the manner prescribed
for summons cases:
provided that if the Tribunal is satisfied that the children or relative against whom an order for payment of
maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Tribunal,
the Tribunal may proceed to hear and determine the case ex parte
5. Where the children or relative is residing out of India, the summons shall be served by the Tribunal through
such authority, as the Central Government may by notification in the official Gazette, specify in this behalf'
6. The Tribunal before hearing an application under section 5 may,, refer the same to a Conciliation Officer and
such Conciliation Officer shall submit his findings within one month and if amicable settlement has been
arrived at, the Tribunal shall pass an order to that effect.
Explanation - For the purposes of this sub-section "Conciliation Officer" means any person or representative of an
organisation referred to in Explanation to sub-section(1) of section 5 or the Maintenance Officers deslgnated by the
State Government under subsection (1) of section 18 or any other person nominated by the Tribunal for this
purpose.
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,
by notification in the Official Gazette, constitute for each Sub-division one or more Tribunals as may be
specified in the notification for the purpose of adjudicating and deciding upon the order for maintenance
under section 5.
7.
B.
The Tribunal shall be presided over by an officer noi below the rank of Sub-DivisionalOfficer of a State.
3. Where two or more Tribunals are constituted for any area, the State Government may, by general or special
order, regulate the distribution of business among them.
8. Siimmary procedure in case of inquiry
1. In holding any inquiry under section 5, the Tribunal may, subjectto any rules that may be prescribed by the
State Government in this behalf, follow such summary procedure as it deems fit,
2. The Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of
enforcing the attendance of witnesses and of compelling the discovery and production of documents and
material objects and for such other purposes as may be prescribed; and the Tribunal shall be deemed to be
a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973
3. Subject to any rule that may be made in this behalf, the Tribunal may, for the, purpose of adjudicating and
deciding upon any claim for maintenance, choose one or more persons possessing special knowledge of any
matter relevant to the inquiry to assist it in holding the inquiry.
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 himself, 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 tlme,
di rect,
2. The maximum maintenance allowance which may be ordered by such Tribunal shall be such as may be
prescribed by the State Government which shall not exceed ten thousand rupees per month.
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 allowance under section 9, for the maintenanceordered 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.
2, Where itappears to the Tribunal that, in consequence of any decision of a competent Civil Court, any order
made under section 9 should be cancelled or varied, it shall cancel the order or/ as the case may be, vary
the same accordingly.
11. Enforcement of order of maintenance
1, 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 citizen or to parent, as the case may be, in
whose favour it is made and such order may be enforced by any Tribunal in any place where the person
againstwhom it is made, such Tribunal on being satisfied as to the identity of the parties and the non-
payment of the allowance, or as the case may be, expenses, due.
2, A maintenance order made under this Act shall have the same force and effect as an order passed under
Chapter I Xofthc Code of Criminal Procedure, 1973 and shall beexecuted in the manner prescribed for the
execution of such order by that Code.
12. Option regarding maintenance in certain cases
Notwithstanding anything contained in Chapter IX of the Code of Criminal Procedure, 1973, llhere 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 eitner of tnose
Acts but not under both.
13. Deposit of maintenance amount
When an order is made under this Chapter, the children or relative v,'ho is r-ec;ired to p:y ar,, 3-'ncLr: in te-rs c:
such order shall, within thirty days of the date of anno.:ncinc iLe crder b',' the Tr:--3 :e:cs't:^e €r:'r€ 3'r1::--:
ordered in such manner as the Tribunal rnay direc.
14. Award of interest where any claim is allowed
any Tribunal makes an order for maintenance made under this Act, such Tribunal may direct that in addition
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 net more than eighteen per cent:
*
Provided that where any application for maintenance under Chapter IX of the Code of Criminal Procedure, 1973 is
pending before a Court at the commencement of this Act, then the Court shall allow the withdrawal of such
application on the request of the parent and such parent shall be entitled to file an application for maintenance
before the Tribunal.
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 order of the Tribunal'
2, The Appellate Tribunal shall be presided over by an officer not below the rank of District Magistrate.
16. Appeals
1. Any senior citizen or a parent, as the case may be, aggrieved by an order of a 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
order, prefer an appeal to the Appellate Tribunal:
Provided that on appeal, the children or relative who is required to pay any amount in terms of such
maintenance order shall continue to pay to such parent the amount so ordered, in the murm:r directed by
the Appellate Tribunal :
provided further that the Appellate Tribunal may, entertain the appeal alter the expiry of the said period of
sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in
time.
On receiptof an appeal, the Appellate Tribunal shall, cause a notice to be served upon the respondent.
The Appellate Tribunal may call for the record of proceedings from the Tribunal against whose order the
appeal is preferred.
The Appellate Tribunal may, after examining the appeal and the records called for either allow or reject the
appeal.
The Appellate Tribunal shall, adjudicate and decide upon the appeal Hied against the order of the Tribunal
and the order of the Appellate Tribunal shall be final:
Provided that no appeal shall be rejected unless an opportunity has been given to both the panics of being
heard in person or through a duly authorised representative'
1. The Appellate Tribunal shall make an endeavour to pronounce its order in writing within one month of the
receipt of an appeal,
2. A copy of every order made under sub-section (3) shall be sent to both the panics free of cosl,
17. Right to legal representation
Notwithstanding anything contained in any law, no party to a proceeding before a Tribunalor Appellate Tribunal
shall be represented by a legal practitioner.
18. Maintenance Officer
1, The State Government shall designate the District Social Welfare Officer or an officer not bel6w the rank of a
District Social Welfare Officer, by whatever name called as Maintenance Officer,
2, The Maintenance Officer referred to in sub-section (1), shall represent a parent if he so desires, durlng the
proceedings of the Tribunal, or the Appellate Tribunal, as the case may be,
CHAPTER III: ESTABLISHMENT OF OLDAGE HOMES
19. Establishment of oldage homes
1. The State Government may establish and maintain such number of oldage homes at accessible places, as it
2.
4.
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may deem necessary, in a phased manner, beginning with at least one in each district to accommodate ln
such homes a minimum of one hundred fifty senior citizens who are indigent.
2, The State Government may/ prescribe a scheme for management of oldage 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.
Explanation - for the purposes of this section, "indigent" means any senior citizen who is not having sufficient
means/ as determined by the State Government/ from time to time, to maintain himself
CHAPTER IV: PROVISIONS FOR MEDICAL CARE OF SENIOR CITIZEN
20. Medical support for senior citizens
The State Government shall ensure that -
1, the Government hospitals or hospitals funded fully or partially by the Government shall provide beds for all
senior citizens as far as possible;
2, separate queues be arranged for senior citizens;
? farilirrr far tro3f6gnt of ChroniC, terminal and degeneratiVe diSeaSeS iS expanded for senrOr citizenS;
4, research activities for chronic elderly diseases and ageing is expanded;
5, there are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer
with experience in geriatric care,
CHAPTER V: PROTECTION OF LIFE AND PROPERTY OF SENIOR CITIZEN
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 ofthe senior citizens
and periodical review of the same is conducted.
22. Authorities who may be specified for implementing the provisions of t!;is Act
1, The State Government may, confer such powers and impose such duties on a District Magistrate as may be
'^ ensure that the provisions of this Act are properly carried out and the District Magistrate mayl|ELEJSOr y/ LU
^^^^i8,, r\^ ^c()psL'y .,,= ,,,icer, 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 Governmentshall prescribe a comprehensive action plan for providing protection of liie and
property of senior citizens.
23. Transfer of property to be void in certain circumstances
1. Where any senior citizen who, after the commencement of this Act, has by way of g,fr or otherrvise, his
property, subject to the condition that the transferee shall provide the basic amenitles and basic physical
needs to the transferor and such transferee refuses or fails to provide such amerit,es 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 ofthe transferor be declared void by the Tribunal,
2. Where any senior citizen has a right to receive maintenance oui of an estate anc such estate or pa(t ,
thereof is transferred, the right to receive maintenance may be enforcec against the t-ansferee if the
t-^^^6^-^^ "-i notice of the riqht. or lf the transfer s c'aturter:s; b-:.ot aoainst:le t-arsferee forLt dil>tct cc ilo:
consideration and without notice of right,
3, If any senior citizen is incapable of en'o-: --: tr: -;-= --:=- s-:
on his behalf by any of the organisatcr -?'e'-e=:: - =r: =-a::-
PTER VI: OFFENCES AND PROCEDURE FOR TRIAL
24. Exposure and abandonment of senior citizen
Whc'-lver, 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 thousand rupees or with both.
25. Cognizance of offences
1. Notwithstanding any thing contained in the Code of Criminal Procedure, 1973, every offence under this Act
shall be cognizable and bailable.
2, An offence under this Act shall be tried summarily by a Magistrate.
CHAPTER VII: MISCELLANEOUS
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 ofthe Indian Penal Code.
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 Cone by or
under this Act,
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,
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 thai no such order shall be made after the expiry of a period of two years from the dale of the
commencement of this Act,
30. Power of Central Government to give directions
The Central Government may give directions to State Governments as to the carrying into execulon of theprovisions 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 notiflcation in tire OillcialGazeffe. make rrrles for carrying out the purgoses
of this Act,
2. \Vithout prejudice to the general:ty of the ic-e;c -_c !3,.,.-, s.r:r --':s ra', 3rc,4ce rc- -
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section 9;
d. the scheme for management of oldage homes, including the standards and various types of scrviccsto
be provided by them which arc necessary for medical care and means of entertarnment 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.
K,N.CHATURVEDI,
Secy. to the Govt, of India
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