Maintenance and Welfare of Parents and Senior Citizens Act, 2007 | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a law in India aimed at ensuring the care and support of elderly individuals and parents. It recognizes the rights of senior citizens and parents to receive maintenance and welfare provisions as guaranteed by the Constitution. The Act applies to the whole of India, except for the State of Jammu and Kashmir, and is also relevant to Indian citizens living abroad.

The Act defines key terms such as "children," "maintenance," "parent," and "senior citizen." It emphasizes the responsibility of children to provide for their parents and the welfare of senior citizens, including provisions for food, clothing, residence, medical care, and other essential amenities.

Chapter I: Preliminary

1. Short title, extent and commencement

• This Act is called the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
• It applies to all of India, except for the State of Jammu and Kashmir. It also applies to Indian citizens living abroad.
• The Act will come into force in a State on a date specified by the State Government through a notification in the Official Gazette.

2. Definitions

• Children. Refers to sons, daughters, grandsons, and grand-daughters, excluding minors.
• Maintenance. Includes provisions for food, clothing, residence, and medical care.
• Minor. A person who has not reached the age of majority as per the Majority Act, 1875.
• Parent. Includes biological, adoptive, or step parents, regardless of their age.
• Prescribed. Means as defined by rules made by the State Government under this Act.
• Property. Refers to any kind of property, movable or immovable, ancestral or self-acquired, tangible or intangible, including rights or interests in such property.
• Relative. A legal heir of a childless senior citizen who is not a minor and is entitled to inherit their property.
• Senior Citizen. An Indian citizen who is 60 years old or above.
• State Government. In relation to a Union territory, refers to the administrator appointed under article 239 of the Constitution.
• Tribunal. Refers to the Maintenance Tribunal constituted under section 7 of the Act.
• Welfare. Includes provisions for food, healthcare, recreational facilities, and other necessary amenities for senior citizens.

3. Act to have overriding effect

The provisions of this Act will take precedence over any inconsistent provisions in other enactments or instruments, ensuring its effectiveness in safeguarding the rights and welfare of parents and senior citizens.

Chapter II: Maintenance of Parents and Senior Citizens

Maintenance of Parents and Senior Citizens

(a). senior citizen or parent who cannot support themselves with their own income or property can apply for maintenance under section 5 in the following cases:
(i). parent or grandparent can apply against one or more of their adult children.
(ii). childless senior citizen can apply against their relatives as defined in clause (g) of section 2.

(b) The obligation of children or relatives to maintain a senior citizen includes ensuring that the senior citizen can lead a normal life.

(c) Children are obligated to maintain their parents (either father, mother, or both) to ensure they can lead a normal life.

(d) Any relative of a senior citizen with sufficient means must maintain the senior citizen if they possess or are set to inherit the senior citizen's property.

(e) If multiple relatives are entitled to inherit a senior citizen's property, maintenance responsibilities are divided according to the inheritance proportions.

Application for Maintenance

(a) An application for maintenance under section 4 can be made by:
(i). senior citizen or parent;
(ii) If the senior citizen or parent is incapable, by any authorized person or organization;
(iii) The Tribunal may initiate proceedings on its own.

(b) For this section, "organization" refers to any voluntary association registered under the Societies Registration Act, 1860, or any applicable law.

(c) The Tribunal may order children or relatives to provide a monthly allowance for the interim maintenance of a senior citizen or parent during the proceedings.

(d) Upon receiving a maintenance application, the Tribunal will notify the children or relatives, provide an opportunity to be heard, and conduct an inquiry to determine the maintenance amount.

(e) Applications for monthly allowance and proceeding expenses should be resolved within ninety days from the notice of the application.

Maintenance Proceedings

1. Period for Filing Applications: The period for filing an application for maintenance under sub-section (I) can be extended by the Tribunal once, for a maximum period of thirty days, in exceptional circumstances and with reasons recorded in writing.

2. Parties Involved in Maintenance Applications: An application for maintenance can be filed against one or more persons. Children or relatives may include other persons liable to maintain the parent in the application for maintenance.

3. Death of Respondents in Maintenance Orders: If a maintenance order is issued against multiple persons, the death of one does not affect the liability of the others to continue paying maintenance.

4. Date of Payment for Maintenance Orders: Allowances for maintenance and expenses for proceedings shall be payable from the date of the order, or from the date of the application for maintenance or expenses, if so ordered.

5. Enforcement of Maintenance Orders: If children or relatives fail to comply with the order without sufficient cause, the Tribunal may issue a warrant for levying the amount due and may impose imprisonment for unpaid amounts, with certain conditions.

6. Jurisdiction and Procedure: Proceedings under section 5 can be initiated against children or relatives in any district where they reside or last resided.

7. Issuance of Process: Upon receiving an application under section 5, the Tribunal shall issue a process to procure the presence of the children or relative against whom the application is filed.

8. Powers of the Tribunal: The Tribunal shall have the powers of a Judicial Magistrate of the first class to secure the attendance of children or relatives.

9. Evidence Recording: All evidence in such proceedings shall be taken in the presence of the children or relative and recorded as per the prescribed manner for summons cases. If the children or relative are wilfully avoiding service or neglecting to attend, the Tribunal may hear and determine the case ex parte.

Procedure for Serving Summons and Conciliation in Maintenance Cases

When children or relatives are living outside of India, the Tribunal will serve the summons through an authority specified by the Central Government in the official Gazette.

Before hearing an application under section 5, the Tribunal may refer the case to a Conciliation Officer. The Conciliation Officer is expected to submit findings within one month. If an amicable settlement is reached, the Tribunal will issue an order reflecting this agreement.

Explanation: The term "Conciliation Officer" refers to individuals or representatives as outlined in the Explanation to sub-section (1) of section 5, Maintenance Officers designated by the State Government under subsection (1) of section 18, or any other person appointed by the Tribunal for this purpose.

Constitution of Maintenance Tribunal

• The State Government is required to constitute one or more Maintenance Tribunals for each Sub-division within six months of the commencement of the Act. This is to be done through a notification in the Official Gazette.
• The purpose of these Tribunals is to adjudicate and decide on maintenance orders as per section 5 of the Act.
• Each Tribunal will be presided over by an officer not below the rank of a Sub-Divisional Officer of the State.
• If multiple Tribunals are established for a particular area, the State Government has the authority to regulate the distribution of business among them, either through a general or special order.

Summary Procedure in Inquiry Cases

• During inquiries under section 5, the Tribunal may follow a summary procedure, subject to any rules prescribed by the State Government.
• The Tribunal holds the same powers as a Civil Court for taking evidence on oath, enforcing witness attendance, and compelling document and material production.
• It is considered a Civil Court for purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
• The Tribunal may appoint individuals with special knowledge to assist in inquiries, subject to any applicable rules.

Order for Maintenance

Monthly Allowance for Senior Citizens

If children or relatives neglect or refuse to support a senior citizen who cannot take care of themselves, the Tribunal can order them to pay a monthly allowance for the senior citizen's maintenance. The Tribunal will decide the amount based on what is appropriate.

Maximum Allowance

• The State Government sets the maximum maintenance allowance, which cannot exceed ten thousand rupees per month.

Alteration in Allowance

• The Tribunal can modify the maintenance allowance if there is proof of misrepresentation, mistake of fact, or changes in circumstances.
• If a competent Civil Court's decision indicates that an order under section 9 should be changed or cancelled, the Tribunal will make the necessary adjustments.

Enforcement of Maintenance Orders

• Maintenance orders, along with any related expense orders, will be provided free of charge to the senior citizen or parent in whose favour they are made.
• These orders can be enforced by any Tribunal where the person against whom the order is made is located, upon verifying the parties' identities and non-payment of allowances or expenses.
• Maintenance orders under this Act carry the same weight as orders under Chapter IX of the Code of Criminal Procedure, 1973, and will be executed according to the procedures laid out in that Code.

Option Regarding Maintenance

• Senior citizens or parents entitled to maintenance under both Chapter IX of the Code of Criminal Procedure, 1973, and this Act can choose to claim maintenance under either provision, but not both simultaneously.

Deposit of Amount Ordered

When an order is issued by the Tribunal regarding maintenance, the individual required to pay must deposit the full amount within thirty days of the order. The deposit should be made in the manner specified by the Tribunal.

Award of Interest on Maintenance Claims

When a Tribunal orders maintenance under this Act, it may also include an order for simple interest on the maintenance amount.

• The interest rate will be determined by the Tribunal, not less than five per cent and not more than eighteen per cent.
• The interest will be calculated from a date not earlier than the application date.

Constitution of Appellate Tribunal

• The State Government can establish one Appellate Tribunal for each district through a notification in the Official Gazette.
• The Appellate Tribunal will handle appeals against Tribunal orders and will be led by an officer of at least District Magistrate rank.

Appeals

• Eligibility to Appeal: Any senior citizen or parent dissatisfied with a Tribunal's order can appeal to the Appellate Tribunal within sixty days.
• Continuation of Payments: During the appeal process, the children or relatives required to pay must continue making the ordered payments to the parent as directed by the Appellate Tribunal.
• Late Appeals: The Appellate Tribunal can accept late appeals if the appellant had a valid reason for the delay.
• Appeal Process: Upon receiving an appeal, the Appellate Tribunal will notify the respondent and may request the Tribunal's records related to the appeal.
• Decision: After reviewing the appeal and records, the Appellate Tribunal will either approve or deny the appeal.

Appellate Tribunal

The Appellate Tribunal is responsible for reviewing and making decisions on appeals filed against the orders of the Tribunal. The decisions made by the Appellate Tribunal are considered final.

• Fair Hearing: Appeals cannot be rejected without giving both parties an opportunity to be heard, either in person or through an authorized representative.
• Timely Decisions: The Appellate Tribunal aims to issue written orders within one month of receiving an appeal.
• Free Copies:. copy of every order issued will be sent to both parties free of charge.

Right to Legal Representation

In proceedings before a Tribunal or Appellate Tribunal, no party is allowed to be represented by a legal practitioner, regardless of any other law.

Maintenance Officer
The State Government is responsible for designating a Maintenance Officer, who will be either the District Social Welfare Officer or an officer of equal rank. This officer will represent parents in Tribunal or Appellate Tribunal proceedings if they wish to do so.

Chapter III: Setting Up of Old Age Homes

Establishment of Old Age Homes

• The State Government has the authority to establish and maintain a certain number of old age homes in accessible locations, as deemed necessary.
• This process will be carried out in phases, starting with at least one old age home in each district.
• Each home should be capable of accommodating a minimum of one hundred fifty indigent senior citizens.

Scheme for Management

• The State Government may prescribe a scheme for the management of old age homes.
• This scheme will include standards and various types of services that are essential for the medical care and entertainment of the residents.

Explanation of "Indigent"

• For the purposes of this section, "indigent" refers to any senior citizen who does not have sufficient means, as determined by the State Government from time to time, to maintain themselves.

Chapter IV: Provisions for Medical Care of Senior Citizens

Medical Support for Senior Citizens

• Bed Availability: The State Government will ensure that government hospitals, as well as those funded fully or partially by the government, will provide beds for all senior citizens whenever possible.
• Separate Queues: There will be separate queues arranged for senior citizens to ensure they receive prompt attention.
• Expansion of Treatment Facilities: Facilities for the treatment of chronic, terminal, and degenerative diseases will be expanded specifically for senior citizens.
• Research Activities: Research activities focused on chronic elderly diseases and the ageing process will be expanded.
• Geriatric Facilities: Every district hospital will have earmarked facilities for geriatric patients, headed by a medical officer with experience in geriatric care.

Chapter V: Protection of Life and Property of Senior Citizens

Measures for Publicity and Awareness for Senior Citizen Welfare

• The State Government is responsible for ensuring that the provisions of this Act are widely publicized through various media, including television, radio, and print, at regular intervals.
• Central and State Government officials, including police officers and members of the judicial service, should receive periodic training to raise awareness about the issues related to this Act.
• There should be effective coordination among the services provided by different Ministries or Departments, such as law, home affairs, health, and welfare, to address senior citizens' welfare issues, with regular reviews of this coordination.

Authorities for Implementing the Act

• The State Government may empower District Magistrates with the necessary authority and duties to ensure the proper implementation of this Act.
• District Magistrates can designate subordinate officers to exercise these powers and perform duties within specified local limits.
• The State Government is also responsible for prescribing a comprehensive action plan to protect the life and property of senior citizens.

Void Transfers of Property in Certain Circumstances

• If a senior citizen transfers property, such as through a gift, with the condition that the transferee must provide basic amenities and physical needs, and the transferee fails to do so, the transfer may be considered fraudulent and void.
• The transfer can be declared void by the Tribunal at the transferor's option.
• If a senior citizen has a right to receive maintenance from an estate and part of that estate is transferred, the right to maintenance can be enforced against the transferee if they are aware of the right or if the transfer is gratuitous.
• If the transferee is unaware of the right and the transfer is for consideration, the right cannot be enforced against them.
• If a senior citizen is unable to enforce these rights, organizations specified in the Act can take action on their behalf.

Chapter VI: Offenses and Trial Procedures

Abandonment and Neglect of Senior Citizens

Anyone who is responsible for the care or protection of a senior citizen and leaves them in a place with the intention of completely abandoning them shall face legal consequences. The punishment for such an offense may include:

• Imprisonment for a term that could extend up to three months, or
• A fine that may reach up to five thousand rupees, or
• Both imprisonment and a fine.

Taking Notice of Offenses

Regardless of what is stated in the Code of Criminal Procedure, 1973, every offense under this Act shall be considered cognizable and bailable. This means that the police can arrest without a warrant and the accused can secure bail.

Offenses under this Act shall be tried summarily by a Magistrate, indicating a swift and straightforward legal process.

Chapter VII: Miscellaneous

Officers to be Public Servants

• Every officer or staff member appointed to perform functions under this Act shall be considered a public servant as per section 21 of the Indian Penal Code.

Jurisdiction of Civil Courts Barred

• Civil Courts shall not have jurisdiction over matters covered by this Act.
• No injunction shall be granted by any Civil Court regarding actions taken or intended to be taken under this Act.

Protection of Action Taken in Good Faith

• No legal proceedings shall be against the Central Government, State Governments, local authorities, or any officer for actions taken in good faith under this Act and its rules or orders.

Power to Remove Difficulties

• The State Government may make necessary provisions to remove difficulties in implementing this Act, by order published in the Official Gazette.
• Such orders must be consistent with the Act and cannot be made after two years from the commencement of the Act.

Power of Central Government to Give Directions

• The Central Government may issue directions to State Governments for the execution of this Act.

Power of Central Government to Review

• The Central Government may periodically review and monitor the implementation progress of this Act by State Governments.

Power of State Government to Make Rules

• The State Government may make rules by notification in the Official Gazette for carrying out the purposes of this Act.
• Such rules may include provisions for:
  • Conducting inquiries under section 5, subject to rules under section 8(1).
  • Tribunal's powers and procedures under section 8(2).
  • Maximum maintenance allowance under section 9(2).
  • Management scheme for old age homes, including standards and services for medical care and entertainment under section 19(2).

Rule-Making Authority

• The government has the authority to create rules for implementing the provisions of this Act.
• These rules can cover various aspects such as:
• Powers and duties of authorities responsible for implementing the Act.
• Comprehensive action plans to protect the life and property of senior citizens.
• Any other matters that need to be prescribed or can be prescribed.

Legislative Oversight

• Once a rule is made under this Act, it must be laid before the State Legislature as soon as possible.
• If the State Legislature has two Houses, the rule should be presented before both Houses.
• If there is only one House, the rule should be laid before that House.