Sec 1 to 3 Chapter I (Preliminary) The Maintenance And Welfare Of Parents And Senior Citizens Act, 2007

1. Short title, extent, application 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 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 the Official Gazette, appoint.

2. Definitions.—

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 and treatment;

(c) “minor” means a person who, under the provisions of the Majority Act, 1875 (9 of 1875) is deemed not to have attained the age of majority;

(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;

(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 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;

(i) “State Government”, relation to a Union territory, means the administrator thereof appointed under 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 amenities necessary for the senior citizens.

3. Act to have overriding effect.—

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.