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

(1) This Act may be called theMaintenance and Welfare of Parents and Senior Citizens Act, 2007. (2) It extends to the whole of India 1*** and it applies also it citizens of India outside India. (3) It shall come into force in a State on such date as the State Government may, by notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires,-- (a) "children" includes son, daughter, grandson and grand-daughter but does not include a minor; (b) "maintenance" includes provisions for food, clothing, residence and medical attendance andtreatment; (c) "minor" means a person who, under the provisions of the Majority Act, 1875 (9 of 1875) isdeemed not to have attained the age of majority; (d) "parent" means father or mother whether biological, adoptive or step father or step mother, asthe case may be, whether or not the father or the mother is a senior citizen; (e) "prescribed" means prescribed by rules made by the State Government under this Act; (f) "property" means property of any kind, whether movable or immovable, ancestral or selfacquired, tangible or intangible and includes rights or interests in such property; (g) "relative" means any legal heir of the childless senior citizen who is not a minor and is inpossession of or would inherit his property after his death; (h) "senior citizen" means any person being a citizen of India, who has attained the age of sixtyyears or above; (i) "State Government", relation to a Union territory, means the administrator thereof appointedunder article 239 of the Constitution; (j) "Tribunal' means the Maintenance Tribunal constituted under section 7; (k) "welfare" means provision for food, health care, recreation centres and other amenitiesnecessary for the senior citizens.

The provisions of this Act shall have effect notwithstandinganything inconsistent therewith contained in any enactment other than this Act, or in any instrumenthaving effect by virtue of any enactment other than this Act.

(1) A senior citizen including parent who is unableto maintain himself from his own earning or out of the property owned by him, shall be entitled to makean 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 section 2. (2) The obligation of the children or relative, as the case may be, to maintain a senior citizen extendsto 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 parenteither father or mother or both, as the case may be, so that such parent may lead a normal life. (4) Any person being a relative of a senior citizen and having sufficient means shall maintain suchsenior citizen provided he is in possession of the property of such citizen or he would inherit the propertyof such senior citizen: Provided that where more than one relatives are entitled to inherit the property of a senior citizen, themaintenance shall be payable by such relative in the proportion in which they would inherit his property.

(1) An application for maintenance under section 4, may bemade-- (a) by a senior citizen or a parent, as the case may be; or (b) if he is incapable, by any other person or organisation authorised by him; or (c) the Tribunal may take cognizance suo motu. Explanation.--For the purposes of this section "organisation" means any voluntary associationregistered under the Societies Registration Act, 1860 (21 of 1860) or any other law for the time being inforce. (2) The Tribunal may, during the pendency of the proceeding regarding monthly allowance for themaintenance under this section, order such children or relative to make a monthly allowance for theinterim maintenance of such senior citizen including parent and to pay the same to such senior citizenincluding parent as the Tribunal may from time to time direct. (3) On receipt of an application for maintenance under subsection (1), after giving notice of theapplication to the children or relative and after giving the parties an opportunity of being heard, hold aninquiry for determining the amount of maintenance. (4) An application filed under sub-section (2) for the monthly allowance for the maintenance andexpenses for proceeding shall be disposed of within ninety days from the date of the service of notice ofthe application to such person: Provided that the Tribunal may extend the said period, once for a maximum period of thirty days inexceptional circumstances for reasons to be recorded in writing. (5) An application for maintenance under sub-section (1) may be filled against one or more persons: Provided that such children or relative may implead the other person liable to maintain parent in theapplication for maintenance. (6) Where a maintenance order was made against more than one person, the death of one of themdoes not affect the liability of others to continue paying maintenance. (7) Any such allowance for the maintenance and expenses for proceeding shall be payable from thedate of the order, or, if so ordered, from the date of the application for maintenance or expenses ofproceeding, as the case may be. (8) If, children or relative so ordered fail, without sufficient cause to comply with the order, any suchTribunal may, for every breach of the order, issue a warrant for levying the amount due in the mannerprovided 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 be, remaining unpaid after theexecution of the warrant, to imprisonment for a term which may extend to one month or until payment ifsooner made whichever is earlier: Provided that no warrant shall be issued for the recovery of any amount due under this section unlessapplication be made to the Tribunal to levy such amount within a period of three months from the date onwhich it became due.