(6) "maintenance" includes provision for food, clothing, residence and medical attendance and treatment; (©) "minor" means a person who, under the provisions of the indian majority act, 1875, is deemed not to have attained the age of majority; g (d) "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: reseribed" means prescribed by rules made by the state government under (e" 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; (g) "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 (h) "senior citizen" means any person being a citizen of india, who has attained the age of sixty years or above and includes parent whether or not a senior citizens (j) "state government", in relation toa union territory, means the administrator thereof appointed under article 239 of the constitution; () "tribunal" means the m jenance tribunal constituted under section 7 ae act to have 'verniding stieet 3 the provisions 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  chapteril mainienance gf parents and senior citizensas maintenance of parents und 4 (j) a senior citizen including parent who is unable to maintain himself from his own earning ot out of the property owned by him, shall be entitled to make an application under section 5 in case of (parent or grand-parent, against one or more of his children not being a minor, be (ii) achildless 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 extends to the needs of such citizerrso that senior citizen may lead a normal life, 3s (2) the obligation ofthe 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 that such parent may lead 'anormal life (4) any person being a relative of a senior citizen and having sufficient means shal! rmuintain 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; yo provided that where more than one relatives are entitled to inherit the property of « senior citizen, the maintenance shall be payable by such relative in the proportion in which they would inherit his property 5, (1) an application for maintenance under section 4, may be made— application for maintenance (a) by a senior citizen or a parent, as the case may be; or (6) if he is incapable, by any other person or organisation authorised by him; of (c) the tribunal may take cognizance suo mot, 21 of 1860 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 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 lo (2) on receipt of an application for maintenance under sub-section (/), 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 determining the amount of maintenance se (4) an application filed under sub-section (2) for the monthly allowance, for the maintenance and expenses for proceeding shall, as far as possible be disposed of within ninety days from the date of the service of notice of the application to such person (3) an application for maintenance under sub-section (1) 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 maintenance, (6) where a maintenance order was made against more than one person, the death of one of them does not affect the liability of others 10 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 be 30 (8) if, children of relative so ordered fail, without sufficient cause 10 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 persen for the \whole, or any part of each months allowance for the maintenance and expenses of proceeding, as the case be, remaining unpaid after the execution of the warrant, to imprisonment for a {erm 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 (j) the proceedings under section 5 may be taken against any children or relative in any disteict— ar jurisdiction land proces ure(a) where he resides or last resided; or (6) 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 yo (3) for securing the attendance of children or relative the tribunal shall have the 2of 1974 power ofa judicial magistrate of first class as provided under the code of criminal procedure, 1973, () 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 bbe recorded in the manner prescribed for summons cases: us 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, of 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 specify in this behalf, (6) the tribunal betore hearing an application under section 5 may, refer the same to 4 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 designated by the state government under sub-section (/) of section 18 or any other person nominated by the tribunal for this purpose | constitution      | of    ||-------------------|-------|| maintenance       |       || trhunal           |       || is                |       || '7                |       || (/)               |       || the               |       || state             |       || government        |       || may,              |       || 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                |       || (2)               |       || the               |       || tribunal          |       || shall             |       || be                |       || presided          |       || over              |       || by                |       || an                |       || officer           |       || not               |       || below             |       || the               |       || rank              |       || of                |       || sub-              |       || divisional        |       || officer           |       || of                |       || a                 |       || state             |       || ro                |       || (3)               |       || where             |       || owo               |       || or                |       || more              |       || tribunals         |       || are               |       || constituted       |       || for               |       || any               |       || area,             |       || the               |       || state             |       || government        |       || may,              |       || by                |       || general           |       || or                |       || special           |       || order,            |       || regulate          |       || the               |       || distribution      |       || of                |       || business          |       || among             |       || them              |       || summary           |       || procedure         | in    || ase               | of    || 8:                |       || (1)               |       || 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,           |       || follow            |       || such              |       || summary           |       || procedure         |       || as                |       || it                |       || deems             |       || fit               |       || as                |       || (2)               |       || the               |       || tribunal          |       || shall             |       || have              |       || all               |       || the               |       || powers            |       || of                |       || a                 |       || civil             |       || court             |       || forthe            |       || purpose           |       || of                |       || taking            |       || vidence           |       || 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              |       || zor               | lars  || 30                |       || (2)               |       || 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            |       || oie               |       || or                |       || more              |       || persons           |       || possessing        |       || special           |       || knowledge         |       || of                |       || any               |       || matter            |       || relevant          |       || to                |       || the               |       || inquiry           |       || to                |       || assist            |       || it                |       || in                |       || holding           |       || the               |       || inquiry          |       || order             | foe   || 3s                |       || 9                |       || (j)               |       || ap                |       || 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              |       || @                 |       || 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            |       || uo                |       || (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,            |       || alteration        | in    || allowance         |       || 10               |       || (/)               |       || on                |       || proof             |       || of                |       || misrepresentation |       || or                |       || mistake           |       || of                |       || fact              |       || or                |       || a                 |       || change            |       || in                |       || the               |       || fircumstances     |       || of                |       || any               |       || person,           |       || receiving         |       || a                 |       || monthly           |       || allowance         |       || under             |       || section           |       || 5,                |       || for               |       || the               |       || maintenance       |       || or                |       || 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       |       || us                |       || (2)               |       || where             |       || it                |       || appears           |       || 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             |       || of,               |       || as                |       || the               |       || case              |       || may               |       || be,               |       || vary              |       || the               |       || same              |       || accordingly      |       || enforcement       |       || of                | order || maintenance       |       || 11               |       || ())acopy          |       || 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               |       || ta                |       || the               |       || senior            |       || so                |       |citizen or to parent, as the case may be, in whose favour it is made and such ofder may be enforced by any tribunal in any place where the person against whom it is made, such tribunal on being satisfied as to the identity of the parties and the non-payment of the allowance, of as the case may be, expenses, due ora 5 ___ (2)amaintenance order made under this act shall have the same force and effect as an order passed under chapter ix ofthe code of criminal procedure, 1973 and shall be executed in the manner prescribed for the execution of such order by that code 2 of 1974 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 option epurding maintenance | said chapter and also entitled for maintenance under this act may, without prejudice to the provisions of chapter 1x of the said code, claim such maintenance under either of those acts but not under both deposit of 13, when an order is made under this chapter, the children or relative who is required '0 pay any amount in terms of such order shall, within thirty days of the date of announcing 1g the order by the tribunal, deposit the entire amount ordered in such manner as the tribunal may direct avvard of where any claim is allowed 14, where any tribunal makes an order for maintenance made under this act, such '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 ho 8 may de determined by the tribunal which shall not be less than five per cent, and not 'more than eighteen per cent 2 of 974 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 ofthe parent as and such parent shall be entitled to file an application for maintenance before the tribunal constitution of appeliate tribunal 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 (2) the appellate tribunal shall be presided over by an officer not below the rank of bo district magistrate appeals16 /1) any senior citizen or @ 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 bs terms of such maintenance order shall continue to pay to such parent the amount so ordered, in the manner directed by the appellate tribunal provided further that the appellate tribunal may, entertain the appeal after the expiry ofthe said period of sixty days, if tis satisfied that the appellant was prevented by sufficient 'cause from preferring the appeal in time uo (2) on receipt of an appeal, the appellate tribunal shall, cause a notice to be served upon the respondent (3) the appellate tribunal may call for the record of proceedings from the tribunal against whose order the appeal is preferred, (4) the appellate tribunal may, after examining the appeal and the records called for us either allow or reject the appeal (3) the appellate tribunal shall, adjudicate and decide upon the appeal filed 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 parties of being heard in person or through a duly authorised representative, (6) the appellate tribunal shall make an endeavour to pronounce its order in writing within one month of the receipt of an appeal (7) a copy of every order made under sub-section (5) shall be sent to both the parties free of cost right te legal representation 17, notwithstanding anything contained in any law, no party to a proceeding beforea 5" tribunal or appellate tribunal shall be represented by a legal practitioner maintenance oiticer 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 (2) the maintenance officer referred to in sub-section (1), shall representa parent [0 if he so desires, during the proceedings of the tribunal, or the appeltate tribunal, as the case may be  chapter i establishement of oldage homesestablishment of aldage 19 (1) the state government may establish and maintain such numberof oldage 157 homes at accessible places ast may deem necessary, ina phased manner, beginning with at least one in cach district to accommodate in such homes a minimum of one hundred fifty senior citizens who are indigent (2) the state government may, prescribe @ scheme for management of oldage homes, including the standards and various types of services to be provided by them which are 0 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  chpater iv a5 provisions for medical care of senio citizen20 the state government shall ensure that,— medical support for (i) the government hospitals or hospitals funded fully or partially by the goverament shall provide beds for all senior citizens as far as possible; (i) separate queues be arranged for senior citizens; 3° (ii) facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens; (iv) research activities for chronic elderly diseases and ageing is expanded; () there are earmarked facilities for geriatric patients in every district hospital duly livaded bya medical officer with experience in geriatric care 38  chapter v protection of life and property of senior citwzen21 the state government shall, take all measures to ensure that— | measures    | for        ||-------------|------------|| publicity   |            || (the        | provisions || including   | the        || for         | weltare    || senior      | site       || (ii)        | the        || officers    | and        || and         | awareness  |(ni) effective co-ovilination 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 22 (1) the state government may, confer such powers and impose such duties on a district magistrate us may be necessozy, 1o ensure thatthe provisions ofthis actare properly carried out and the district magistrate may specify the officer, subordinate to him, who shal exercise all or any of the powers, and perform all or any of the duties, so conferred 'of unposed and the local limits within which such powers or duties shall be carried out by the officer as may be perescribed (2) the state government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens, 23 (1) where any senior cliizen who, after the commencement of this act, has \ransferred by way of gift or otherwise, his property, subject to the condition thatthe transferee shall provide the basic amenities ond basic physical needs to the transterorand 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 hus & right to receive maintenance out of an estate and stich estate or part thereof is transferred, the right to receive maintenance may be enforced against the trasnferee if the transi:zee has notice of the right, or if the transfer is gratuitous but not against the transferee for consideration and without notice of right as {4/ if any senior citizen is incapable of enforcing the rights under sub-sections (/) and (2), action may be taken on his behalf by any of the organisation referred to in explanation to sub-section (1) of section §  chapter vi ofesces an procedure for trial40 24 whioever, having the care or protection of senior citizen leaves, such senior 'itizen 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 extet! to five thousands rupees or with both 25) notwithstanding anything comtained in the code of crintinal procedure, 1973, every offence under this act shall be cognizable and bailable (2/ an offence under this aut shalt be tried summarily by a magistrate as chapter vil miscettaxous 45 of 1860 26, every officer or staff appointed to exercise functions under this act shall be deemed (0 be & public servant within the meaning of section 21 of the indian penal code yo 27 no civil court shall have jurisdiction in respect of any matter to which any provision ofthis 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 of the local authority or any officer of the government us in respect of anythiny which is done in good faith or intended to be dane in pursuance of this act and any sules or orders made thereunder, 29 if any difficulty arise in giving effect to the provisions of this act, the stare government may, by order published in the official gazette, make such provisions not inconsistent with the provision" of this act, as appear to it to be necessary of expedient for removing the difficulty authorities who may be species lnplementiny the prove sins thn act tranter ot property be void am exposure and sbandunietr of senior site cognizance of attences oticers ws be public jurisdiction of civil vat barred protection of action taken in good fath power to difficultiesprovided that no such order shall be made after the expiry of period of two years trom the date of the commencement of this act, power of centra 30 the central government may give directions to state governments a to the government to carrying into execution of the provisions of this act ive directs power of state 31,1) the state government may, by notification in the official gazette, ake rules tor 5° goserement 10 carrying out the purposes of this act rake rules (2) without prejudice to the generality of the foregoing power, such rules thay provide for— (a) the manner of holding inquiry under section $ subject to such rules ws may be prescribed under sub-section (/) of section 8; lo (6) the power and procedure of the tribunal for other purposes under subsection (2) of section 8; (©) the maximum maintenance allowance which may be ordered by the tribunal under sub-section (2) of section 9; (4) the scheme for management of oldage homes, including the standards and various types of services so 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; (¢) the powers and duties of the authorities for implementing the provisions of this act, under sub-section (1) of section 22; ao () 4 comprehensive action plan for providing protection of lie and property of senior citizens under sub-section (2) of section 22: (g) any other matter which is to be, of may be, prescribed (3) every rule made under this act shall be laid, as soon as may be after it is made, pefore each house of state legislature, where it consists of two houses of where such 57 legislature consists of one house before that house statement of objects and reasons'traditional norms and values of the indian society lid stress on providing care for the eikerly: however, due fo withers of te joint family system a large numberof elderly are not being looked afer by their family consequently, many older persons, particularly widowed 'women are now forced to spend their twilight years all alone and are exposed to emotional neelest and @ lack of physical and financial support, this clearly reveals that apeing has become a major social challenge and there isa need to give more atention to the eare and 'testion for the older persons though the parents can claim maintenance under the code o1 criminal procedure, 1973, the procedure is both time-consuming as well as expensive hence, thereis a need to have simple, inexpensive and speedy provisions to claim mainte hance tor parents, 2, the bill proposes to cast an obligation on the persons who inherit the property of 'heir aged relatives to maintain such aged relatives and also proposes to make provisions  'gr scting up oldage homes for providing maintenance to the indigent older persons'the bill father proposes to provide better medical facilities tothe senior citizens 4nd provisions tor protection of their life and property: 3 the bill, therefore, proposes to provide for :— (2) appropriate mechanism to be set up to provide need-based maintenance to the parents and senior citizens (b) providing better medical facilities to senior citizens (¢) for institutionalisation of a suitable mechanism for protection of life and property of older persons (4) setting up of oldage homes in every district a the bill seeks to achieve the above objectives, new detin meira kumar the 9th march, 2007 notes on clausesclause 1 provides for short ttle, extent, application and commencement of the proposed legislation, the proposed legislation shail apply to all citizens of india except the state of jammu and kashmir and it shall also apply to the citizens of india who are outside india clause 2 seeks (o define certain words and expressions used in the bill clause 3 provides that the bill 10 have overriding effect on the provisions of any other actswhich are inconsistent with the provision of the present bill clause 4 provides for entitlement for maintenance by a senior citizen including parent 'whe is unable to maintain himse'f from his own earning or out af the property owned by him inst one of more of his children not being a minor and in the case of a childless senivr 'tigen against his relatives who would inherit his peoperty clause 5 mier alia provides for making application for maintenance by a senior citizer or a parent and if he is incapable, by any other person or organisation authorised by hhim, the tribunal may also take cognizance suo motu [tempowers the tribunal to make 'manthly allowance during the pendency of the proceeding it provides that an application for monthly allowance shall as far as possible be disposed of within ninety days from the date of the service of notice of the application, it also provides that an application tur maintenance made against one or more persons and the children or relative may implead the other person liable to maintain, and the death of one of them does not affect the liability of others clause § tnier alia provides that an application for maintenance may be made by a senior citizen or parent against any children or relative in any district where the senior citizen or parent resides or where the children or relative resides it provides that the tribunal has to issue a process on receipt of an application and the tribunal will have the powers of a judicial magistrate first class for securing the attendance of children or relative: it also provides that the tribunal may before hearing the application refer the same toa conciliation officer for amicable settlement clause 7 provides that the state government may by notification in the official gazette vonstitute one or more tribunals for each sub-division and the tribunal shall be presided over by an officer not below the rank of sub-divisional officer ofa state and 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, clause 8 provides that in holding any inquiry under this act, the tribunal may follow such summary procedure as it deems fit and for the purpose of taking evidence on oath and enforcing the attendance of witnesses and compelling the discovery and production of documents, the tribunal shall have the powers of a civil court clause 9 provides that if children or relatives neglect or refuse to maintain a senior citizen, 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 and the tribunal may order the maintenance allowance as may be specified by the state government by rules but it shall not exceed rupees ten thousand clause 10 provides that on proof of misrepresentation or mistake of fact or a change in the circumstances of any person, receiving a monthly allowance, the tribunal may make such alteration, as it thinks fit and the tribunal may also cancel or vary the order of maintenance in consequence of an order of a civil court clause 11 provides that a copy of the order of maintenance and expenses of proceedings shall be given to the senior citizen or parent free of cost and the order of 'maintenance made under this bill will have the same force and effect as an order passed under chapter ix of the code of criminal procedure, 1973 clause 12 provides that where a senior citizen ora parent is entitled for maintenance under this act and also under chapter ix of the code of criminal procedure, 1973 relating to the maintenance of wives, children and parents, the parents or senior citizens will have the option to pursue their claim either under the code of criminal procedure, 1973 or under the provisions of this bill clause 13 provides thatthe children or relatives who are required to pay any amount of maintenance ordered by the tribunal shall deposit the entire amount within thsty day's \with the tribunal in such manner as the tribunal may direct clause 14 provides that the tribunal may direct the payment of interest of not less than five per cent and not more than eighteen per cent in addition to the amount of maintenance, it also provides that where an application for maintenance under chaptet 1x 'of the code of criminal procedure, 1973 is pending before a court at the commencement of this act, then such court shall allow the withdrawal of such application on the request ol the parent or senior citizen clause 15 provides for constitution of appellate tribunal by the state governnient presided over by an officer not below the rank of district magistrate clause 16 provides that a senior citizen or a parent aggrieved by the decision of the tribunal has a right ta prefer an appeal to the appellate tribunat within sixty days trom the date of the order of the tribunal this clause also provides for procedure for hearing appeals against the orders of the tribunal the tribunal shall make endeavour to decide the appeal within one month from the date of filiag of appeal clause 17 provides that the legal practitioners shall not participate in any of the proceedings before the tribunals and appellate tribunals clause 18 provides that the state government shall designate the district social welfare officer or an officer not below the rank of a district social wellare officer as maintenance officer who shall represent a parent if he so desires before a tribunal or appellate tribunal clause 19 provides that the state government may establish the oldage homes in @ phased manner for senior citizens who are poor further, it also provides that the state government may prescribe a scheme for management of oldage homes including the standards and various types of services provided by them which are necessary for medical care and entertainment, clause 20 provides that te state government shall ensure that beds be provided for ail senior citizens in government hospitals or hospitals funded fully or partially by the government as far as possible it also provides that separate queues be arranged for senior citizens; facility for treatment of chronic, terminal and degenerative diseases; research activities for chronic diseases shall be expanded and facilities for geriatric patients in every district hospital shall be earmarked clause 21 provides that the state government shall take measures t0 give wide publicity through public media including the television, radio and the print, at regular intervals, the provisions of the bill icalso provides that the state governmient shall ensure that the officers of the central government and state government including the police officers and the member ofthe judicial service are given periodic sensitization and awareness training on the issues relating to this bill and effective co-ordination between the services provided by the concerned ministries or departments dealing with lav, home affairs, health and welfare clause 22 provides that the state government may confer such powers and impose such duties on district magistrates to ensure that the provisions of this bill are properly carried out and the district magistrates may specify the officers subordinate to them 'who shall exercise any of the powers and perform ali or any of the duties conferred and the local limits within which such powers or duties shall be carried out, it also provides that the state government shall make a comprehensive action plan for providing protection of life and property of senior citizens clause 25 provides that ifa senior citizen after the commencement of the provision of this bill transfers his property by way of gifl or otherwise with the condition that the 'aisferee shall provide basic amenities and basic physical needs and such transfer fully or refuses to provide such amenities and physical needs, the said transfer of property shall be deemed ta have been made by fraud or coercion or under undue influence and the transfer be declared void by the tribunal at the option of the senior citizen it also provides that where any senior citizen has a right to receive maintenance out of an estate or part thereof and such estate or part thereof is transferred, the right may be enforced against the transferee it further provides that if any senior citizen is incapable of enforcing the rights action may be taken on his behalf by any of the voluntary association registered under the societies registration act, 1860 or any other law for the time being in force clause 24 provides that eny person who is having care or protection of any senior citizen intentionally abandons a senior citizen shall be liable for punishment of imprisonment up to three months or with fine which may extend to five thousand rupees clause 25 provides that the offences under this bill are cognizable and bailable and shall be tried summarily by a magistrate clause 26 provides that every officer appointed to exercise the functions under the proposed bill shall be deemed to be a public servant within the meaning of section the indian penal code clause 27 provides that the jurisdiction of the civil courts is barred clause 28 provides that no suit, prosecution or other legal proceeding shall lie against the central government, the state government 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 clause 29 provides that the state government may by notification in the official gazette remove any difficulty which may arise in implementing the provisions of this bill the said power may be exercised by the state government within a period of two years from the commencement of the present legislation clause 30 empowers the central government to give directions to the state governments for carrying into execution the provisions of the proposed legislation clause 31 empowers the state governments to make rules for carrying out the purposes of the proposed legislation, every rule made by the respective state governments shall be laid before the concerned state legislature by that government financial memorandumclause 7(1) of the bill provides for setting up of one or more tribunals by the state government for each sub-division as may be specified in the notification for the purpose of adjudicating and deviding upon the order tor maintenance of parents and senior citizens clause 7(2) provides that the tribunal would be presided over by an officer not below the rank ef sub-divisional officer of a state further, clause 15(1) provides that the state government may by notification in the official gazette constitute one appellate tribunat for each distriet, clause 15(2) provides that the appellate tribunal shall be presided over by an officer not below the rank of district magistrate, since the bill proposes to utilise the existing machinery of the state government, there would not be any additional expenditure 2 clause 19(1) of the bill provides that the state governments may establish and maintain such number of oldage homes at accessible places, as it may deem necessary, ina 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, clause 19(2) provides that the state governments may prescribe a scheme for management of oldage homes since the projects will be implemented ina phased manner, there would be no immediate financial implications on the consolidated fund of india 3, clause 20 of the bill provides for provision of better mei senior citizens by the state governments, clause to institutionalise a mechanism for prot | provides for the state governments ction of life and property of the senior citizens since the existing infrastructure will be utilised for achieving these objectives, "no additional expenditure is expected to be involved sal facilities t0 the 