THE TELANGANA PROHIBITION OF COW SLAUGHTER AND ANIMAL PRESERVATION ACT, 1977.
(ACT NO. 11 OF 1977)
ARRANGEMENT OF SECTIONS
Sections
Short title and commencement.
Declaration as to giving effect to certain directive principles.
Definitions.
Appointment of competent authority.
Prohibition of slaughter of cow or calf of she buffaloe.
Prohibition against slaughter of animals without certificate from competent authority.
Power of revision.
Slaughter to be in plces specified.
Power to enter and inspect.
Penalties.
Offences under Act to be cognizable.
Abetments and attempts.
Persons exercising powers under the Act deemed to be public servants.
Protection of persons acting in good faith.
Exemptions.
Delegation of powers.
Establishment of institutions for taking care of cows or other animals.
Power to make rules.
Repeals.
THE TELANGANA PROHIBITION OF COW SLAUGHTER AND ANIMAL PRESERVATION ACT, 1977.
1
ACT No. 11 OF 1977.
1.
(1)
This Act may be called the 2[Telangana Prohibition of Cow Slaughter and Animal Preservation Act, 1977.]
Short title and commencement
(2)
It extends to the whole of the 2State of Telangana.
(3)
It shall be deemed to have come into force on the 19th December, 1976.
2.
It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in Article 48 of the Constitution of India.
Declaration as to giving effect to certain directive principles.
3.
In this Act unless the context otherwise requires,-
Definitions
(i)
‘animal’ means bull, bullock, buffaloe, male or female, or calf, whether male or female of a she-buffaloe;
(ii)
‘competent authority’ means a person or a body of persons appointed under section 4 to perform the functions of a competent authority under this Act;
(iii)
‘cow’ includes a heifer, or a calf, whether male or female, of a cow;
1. The Andhra Pradesh Prohibition of Cow Slaughter and Animal Preservation Act, 1977 received the assent of the President on the 30th April, 1977. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016 issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 2.Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Contd.Page. 2
:: 2 ::
[Act No. 11 of 1977]
(iv)
‘Government’ means the State Government;
(v)
‘notification’ means a notification published in the 3Telangana Gazette and the word ‘notified’ shall be construed accordingly;
(vi)
‘prescribed’ means prescribed by rules made under this Act.
Appointment of competent authority.
4.
The Government may, by notification, appoint a person or a body of persons to perform the functions of a competent authority under this Act for such local area as may be specified in such notification.
Prohibition of slaughter of cow or calf of she-buffaloe.
5.
Notwithstanding anything in any other law for the time being in force or any custom or usage to the contrary, no person shall slaughter or cause to be slaughtered, or offer or cause to be offered for slaughter or otherwise intentionally, kill or offer or cause to be offered for killing, any cow or calf, whether male or female, of a she-buffaloe.
Prohibition against slaughter of animals without certificate from competent authority.
6.
(1)
Notwithstanding anything in any other law for the time being in force or any custom or usage to the contrary, no person shall slaughter or cause to be slaughtered or offer or cause to be offered for slaughter any animal other than a calf, whether male or female, of a she-buffaloe, unless he has obtained in respect of such animal a certificate in writing from the competent authority appointed for the area that the animal is fit for slaughter.
(2)
No certificate shall be granted under sub-section (1), if in the opinion of the competent authority the animal is or is likely to become economical for the purpose of,-
(a)
breeding, or
3.Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Contd.Page.3
:: 3 ::
[Act No.11 of 1977]
(b)
draught or any kind of agricultural operations; or
(c)
giving milk or bearing off-spring:
Provided that no certificate under sub-section (1) shall be refused to be granted unless the reasons for such refusal are recorded in writing.
(3)
A certificate under this section shall be granted in such form and on payment of such fee as may be prescribed.
7.
(1)
The Government may, suo motu or shall, on an application made in this behalf by the person aggrieved, for the purpose of satisfying themselves as to the legality or td propriety of any order passed by a competent authority, granting or refusing to grant any certificate under section 6, call for and examine the record of the case and may pass such order in reference thereto as they think fit.
Power of revision.
(2)
Subject to the provisions of sub-section (1) any order passed by the competent authority granting or refusing to grant a certificate under section 6, and any order passed by the Government under sub-section (1) shall be final and shall not be called in question in any court.
8.
No animal in respect of which a certificate has been granted under section 6, shall be slaughtered in any place other than a place specified by such authority or officer as the Government may appoint in this behalf.
Slaughter to be in places specified.
9.
(1)
For the purposes of this Act, the competent authority or any person authorised in this behalf by the competent authority (hereinafter referred to as the
authorised person), shall have power to enter and inspect any premises where the competent authority or the
Power to enter
and inspect.
Contd.Page.4
:: 4 ::
[Act No. 11 of 1977]
authorised person has reason to believe that an offence under this Act has been or is likely to be committed.
(2)
Every person in occupation of any such premises shall allow the competent authority or the authorised person
such access to the premises as may be necessary for the aforesaid purpose and shall answer to the best of his knowledge and belief any question put to him by the competent authority or by the authorised person.
Penalties.
10.
Whoever contravenes any of the provisions of this Act, shall on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both.
Offences under Act to be cognizable. Central Act 2 of 1974.
11.
Notwithstanding anything in the Code of Criminal Procedure, 1973, all offences under this Act shall be cognizable.
Abetments and attempts.
12.
Whoever abets any offence punishable under this Act or attempts to commit any such offence, shall be punished
with the punishment provided in this Act for such offence.
Persons exercising powers under the Act deemed to be public servants. Central Act 45 of 1860.
13.
All persons exercising powers under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
Protection of persons acting in good faith.
14.
No suit, prosecution or other legal proceeding shall be instituted against the competent authority or any person exercising powers under this Act, for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
Contd.Page.5
:: 5 ::
[Act No.11 of 1977]
15.
Subject to such conditions as may be prescribed in this behalf, the provisions of this Act shall not apply to,-
Exemptions
(a)
any animal operated upon for vaccine, lymph, serum or any experimental or research purpose at an institution established, conducted or recognised by the Government; or
(b)
any cow or animal
(i)
slaughter of which is certified by a Veterinary Officer authorised by the Government, to be necessary in the interests of the public health;
(ii)
which is suffering from any disease which is certified by a Veterinary Officer authorised by the Government as being contagious and dangerous to other animals.
16.
The Government may, by notification, delegate –
Delegation of powers.
(i)
to any local authority, their powers under section 4, within the local area subject to the jurisdiction of such local
authority;
(ii)
to any officer of the Government, their powers under sub-section (1) of section 7.
17.
(1)
The Government may establish, or direct any local authority or society registered under the law relating to the registration of societies for the time being in force in the State, or any association or body of persons, to establish
institutions at such places as may be deemed necessary for taking care of cows or other animals sent thereto.
Establishment of institutions for taking care of cows or other animals.
(2)
The Government may provide by rules for the proper management of such institutions for the care of cows
Contd.Page.6
:: 6 ::
[Act No. 11 of 1977]
or other animals therein and also for the class or variety of cows or other animals that may be admitted therein.
(3)
The Government, or subject to the previous sanction of the Government, the local authority, society or body of persons or association establishing an institution under sub-section (1), may levy such fees as may be prescribed for the maintenance of such institutions.
Power to make rules.
18.
(1)
The Government may, by notification, after previous publication, make rules for carrying out the purposes of this Act.
(2)
In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-
(a)
the powers and duties of competent authority in addition to those provided in this Act;
(b)
the form of the certificate under section 6;
(c)
the amount of fee to be paid under section 6;
(d)
the conditions subject to which this Act shall not apply to any animal under section 15;
(e)
the management of institutions established under section 17 and the fee to be levied for their maintenance; and
(f)
any other matter which is to be or may be prescribed.
(3)
very rule made under this section shall immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in the session in the session immediately following, for a total
Contd.Page.7
:: 7 ::
[Act No.11 of 1977]
period of fourteen days which may be comprised in one session, or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the ruIe or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall, stand annulled, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done, under that rule.
19.
The Andhra Pradesh (Telangana Area) (Slaughter of Animals) Act, 1950, and the Andhra Pradesh Prohibition of Cow Slaughter and Animal Preservation Ordinance, 1976, are hereby repealed.
PREVENTION OF CRUELTY TO ANIMALS
(SLAUGHTER HOUSE) RULES, 2001
NOTIFICATION
New Delhi, the 26th March, 2001
S.O.270(E) - Whereas the draft Prevention of Cruelty to Animals (Slaughter House) Rules, 2000
were published, as required by sub-section (1) of section 38 of the Prevention of Cruelty to Animals Act,
1960 (59 of 1960), under the notification of the Government of India in the Ministry of Social Justice
and Empowerment number S.O. 1165 (E) dated the 26th December, 2000 in the Gazette of India,
Extraordinary, Part II, Section 3, Sub Section (ii) dated the 27th December, 2000 inviting objections and
suggestions from all persons likely to be affected thereby, before the expiry of the period of sixty days
from the date on which copies of the Gazette containing the said notification are made available to the
public.
And, whereas copies of the said Gazette were made available to the public on the 1st January
2001.
And, whereas no objection or suggestion has been received from the public in respect of the said draft rules by the Central Government.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (2) of section 38 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), the Central Government hereby makes the following rules, namely :
Short title and commencement:
These rules may be called the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001
They shall come into force on the date of their publication in the Official Gazette
Definitions - In these rules unless the context otherwise requires :-
Act means the Prevention of Cruelty to Animals Act, 1960 (59 of 1960);
Slaughter means the killing or destruction of any animal for the purpose of food and includes all the processes and operations performed on all such animals in order to prepare it for being slaughtered.
Slaughter house means a slaughter house wherein 10 or more than 10 animals are slaughtered per day and is duly licensed or recognised under a Central, State or Provincial Act or any rules or regulations made thereunder.
veterinary doctor means a person registered with the Veterinary Council of India established under the Indian Veterinary Council Act, 1984 (52 of 1984).
Animals not to be slaughtered except in recognised or licensed houses -
No person shall slaughter any animal within a municipal area except in a slaughter house recognised or licensed by the concerned authority empowered under the law for the time being in force to do so.
No animal which -
is pregnant, or
has an offspring less than three months old, or
is under the age of three months or
has not been certified by a veterinary doctor that it is in a fit condition to be slaughtered.
The municipal or other local authority specified by the Central Government for this purpose shall, having regard to the capacity of the slaughter house and the requirement of the local population of the area in which a slaughter house is situated, determine the maximum number of animals that may be slaughtered in a day.
Reception area or resting grounds -
The slaughter house shall have a reception area of adequate size sufficient for livestock subject to veterinary inspection.
The veterinary doctor shall examine thoroughly not more than 12 animals in an hour and not more than 96 animals in a day.
The veterinary doctor after examining the animal shall issue a fitness certificate in the form specified by the Central Government for this purpose.
The reception area of slaughter house shall have proper ramps for direct unloading of animals from vehicles or railway wagons and the said reception area shall have adequate facility sufficient for feeding and watering of animals.
Separate isolation pens shall be provided in slaughter house with watering and feeding arrangements for animals suspected to be suffering from contagious and infectious diseases, and fractious animals, in order to segregate them from the remaining animals.
Adequate holding area shall be provided in slaughter house according to the class of animals to be slaughtered and the said holding area shall have water and feeding facilities.
The resting grounds in slaughter house shall have overhead protective shelters.
Ante-mortem and pen area in slaughter house shall be paved with impervious material such as concrete non-slippery herring-bone type suitable to stand wear and tear by hooves, or brick, and pitched to suitable drainage facilities and the curbs of said impervious material 150 to 300 mm high shall be provided around the borders of livestock pen area, except at the entrances and such pen shall preferably be covered.
Lairages -
Every animal after it has been subjected to veterinary inspection shall be passed on to a lairage for resting for 24 hours before slaughter.
The lairage of the slaughter house shall be adequate in size sufficient for the number of animals to be laired;
The space provided in the pens of such lairage shall be not less than 2.8 sq.mt. per large animal and 1.6 sq.mt. per small animal.
The animals shall be kept in such lairage separately depending upon their type and class and such lairage shall be so constructed as to protect the animals from heat, cold and rain
The lairage shall have adequate facilities for watering and post-mortem inspection.
Slaughter -
No animal shall be slaughtered in a slaughter house in sight of other animals
No animal shall be administered any chemical, drug or hormone before slaughter except drug for its treatment for any specific disease or ailment.
The slaughter halls in a slaughter house shall provide separate sections of adequate dimensions sufficient for slaughter of individual animals to ensure that the animal to be slaughtered is not within the sight of other animals.
Every slaughter house as soon as possible shall provide a separate space for stunning of animals prior to slaughter, bleeding and dressing of the carcasses
Knocking section in slaughter house may be so planned as to suit the animal and particularly the ritual slaughter; if any and such knocking section and dry landing area associated with it shall be so built that escape from this section can be easily carried out by an operator without allowing the animal to pass the escape barrier.
A curbed-in bleeding area of adequate size as specified by the Central Government shall be provided in a slaughter house and it shall be so located that the blood could not be splashed on other animals being slaughtered or on the carcass being skinned.
The blood drain and collection in a slaughter house shall be immediate and proper xxx
A floor wash point shall be provided in a slaughter house for intermittent cleaning and a handwash basin and knife sterilizer shall also be provided for the sticker to sterilize knife and wash his hands periodically.
Dressing of carcasses in a slaughter house shall not be done on floor and adequate means and tools for dehiding or belting of the animals shall be provided in a slaughter house with means for immediate disposal of hides or skins;
Hides or skins shall be immediately transported from a slaughter house either in a closed wheelbarrow or by a chute provided with self-closing door and in no case such hides or skins shall be spread on slaughter floor for inspection
Floor wash point and adequate number of hand wash basins with sterlizer shall be provided in a dressing area of a slaughter house with means for immediate disposal of legs, horns, hooves and other parts of animals through spring load floor chutes or sidewall doors or closed wheelbarrows and in case wheelbarrows or trucks are used in a slaughter house, care shall be taken that no point wheelbarrow or truck has to ply under the dressing rails and a clear passage is provided for movement of the trucks.
Adequate space and suitable and properly located facilities shall be provided sufficient for inspection of the viscera of the various types of animals slaughtered in a slaughter house and it shall have adequate facilities for hand washing, tool sterilisation and floor washing and contrivances for immediate separation and disposal of condemned material.
Adequate arrangements shall be made in a slaughter house by its owner for identification, inspection and correlation of carcass, viscera and head.
In a slaughter house, a curbed and separately drained area or an area of sufficient size, sloped 33 mm per metre to a floor drain, where the carcasses may be washed with a jet of water, shall be provided by the owner of such slaughter house.
Slaughter house building -The different construction of a slaughter house shall be built and maintained by its owner in the manner as specified below, namely :
Plant Building -
Materials used shall be impervious, easily cleansable, and resistant to wear and corrosion.
Materials such as wood, plaster board, and porous acoustic-type boards, which are absorbent and difficult to keep clean shall not be used.
Floors - The floors shall be non-absorbent and non-slippery with rough finish and shall have suitable gradient for drainage.
Coves - Coves with radii sufficient to promote sanitation shall be installed at the juncture of floors and walls in all rooms and which shall not be less than 100 mm.
Interior Walls -
Interior walls shall be smooth and flat and constructed of impervious materials such as glazed brick, glazed tile, smooth surface Portland cement plaster, or other non-toxic, nonabsorbent material applied to a suitable base.
Walls shall be provided with suitable sanitary type bumpers to prevent damage by hand trucks, carcass shunks, and the like.
The interior walls shall have washable surface up to the height of 2 meters from the floor so that the splashes may be washed and disinfected.
Ceilings -
Ceilings shall be of the height of 5 mtrs or more in workrooms and so far as structural conditions permit, ceilings shall be smooth and flat.
Ceilings shall be constructed of Portland cement plaster, large size cement asbestos boards with joints sealed with a flexible sealing compound, or other acceptable impervious material and finished so as to minimise condensation, mould development, flaking and accumulation of dirt.
The walls above glazed type portion and ceiling shall be painted with water-resistant paint to maintain them clean.
Window Ledges - Window ledges shall be sloped at 45 degrees to promote sanitation and to avoid damage to glass in windows from impact of hand trucks and similar equipment, the windowsills shall be 1200 mm above the floor level with proper ventilation through mechanical venting or through working vents shall be provided in the roof structure.
Doorways and Doors -
Doorways through which product is transferred on rails or in hand trucks shall be at least 1500 mm high and shall be atleast 1 500 mm wide.
Doors shall either be of rust-resistant metal construction throughout, or if made with rust-resistant metal having tight softwood, they shall be clad on both sides with soldered or welded seams.
Doorjambs shall be clad with rust-resistant metal securely affixed so as to provide no crevices for dirt or vermin and the juncture at which the door joins the walls shall be effectively sealed with a flexible sealing compound.
Screens and Insect control - All windows, doorways and other openings that may admit flies shall be equipped with effective insect and rodent screens and Fly chaser fans and ducts or air curtains shall be provided over doorways in outside wall of food handing areas that are used for dispatch or receiving.
Rodent-Proofing-Except in the case of solid masonry, walls constructed of glazed tile, glazed brick, and the like, expanded metal or wire mesh not exceeding 12.5 mm mesh, shall be embedded in walls and floor at their junction and such mesh shall extend vertically and horizontally to a sufficient distance to exclude the entrance of rats and other rodents.
Vehicular areas for Trucks -
Concrete paved areas, properly drained and extending at least 6 metres from building, loading docks or livestock platforms shall be provided at places where vehicles are loaded or unloaded.
Pressure washing jets and disinfection facilities for trucks carrying animals shall also be provided at such places.
Drainage -
All parts of floors where wet operations are conducted shall be well drained and as far as possible, one drainage inlet shall be provided for each 37 metre square of floor space
A slope of about 20 mm per metre to drainage inlets shall be provided for usual conditions and it shall be ensured that the floor slopes uniformly to drains with no low spots, which collect liquid.
Floor drains shall not be provided in freezer rooms or dry storage areas and when floor drains are installed in rooms where the water seal in traps is likely to evaporate without replenishment, they shall be provided with suitable removable metal screw plugs.
Traps and vents on drainage lines -
Each floor drain, including blood drains, shall be equipped with a deep seal trap (P-, U-, or S-shape) (ii) Drainage lines shall be properly vented to the outside air and be equipped with effective rodent screens.
Sanitary drainage lines - Drainage line from toilet pans and urinals shall not be connected with other drainage lines within the plant and shall not discharge into a grease catch basin and such lines shall be installed so that if leakage develops, it shall not affect the product or the equipment.
Lighting and ventilation -
Unrefrigerated work rooms shall be provided with adequate direct natural light and ventilation or ample artificial light and ventilation by mechanical means.
Uncoloured glass having a high transmissibility of light shall be used in skylights and windows
The glass area shall be approximately one-fourth of the floor area of a workroom and such ratio shall be increased where there are obstructions, such as adjacent buildings, overhead catwalks, and hoists, which interfere with the admittance of direct natural light.
Distributed artificial lighting of much quality and at such distances as may be specified by the Central Government shall be provided at all places where adequate natural light is not available or is insufficient.
Every abattoir shall be provided with distributed artificial light of an overall intensity of not less than 200 lux at the distances as may be specified by the Central Government throughout the slaughter hall and workrooms and at places where meat inspection is carried out, the overall intensity of artificial light shall be not less than 500 lux.
every abattoir shall be provided with suitable and sufficient means of ventilation to the outside air and the construction of the slaughter hall shall be so arranged that the dressed carcasses are not exposed to direct sunlight;
a sufficient, safe, potable and constant supply of fresh water shall be available at adequate pressure through the premises.
the pressure for the general purpose of floor washing may preferably be 200 to 330 kPa for through floor cleaning
for thorough and efficient washing of carcasses, a higher pressure between 1000 kPa to 1700 kPa shall be maintained.
floor washing point shall be provided preferably for minimum 37 meter square on slaughter floor and working departments.
a constant supply of clean hot water shall be available in the slaughter hall and workrooms during working hours and the hotwater required for frequent sterilising of equipment shall not be less than 82 degree celsius.
where necessary for sanitary maintenance, equipment shall be constructed and installed so as to be completely self-draining.
the following materials shall not be used in an abattoir, namely-
copper and its alloys in equipment used for edible products.
cadmium in any form in equipment handling edible products
equipment with painted surface in product zone
enamel containers or equipment is not desirable and
lead.
all permanently mounted equipment shall either be installed sufficiently away from walls (minimum 300 mm) to provide access for cleaning and inspection.
all permanently mounted equipment shall either be installed sufficiently above the floor (minimum 300 mm) to provide access for cleaning and inspection or be completely sealed (watertight) to the floor area.
Engagement in slaughter house -
No owner or occupier of a slaughter house shall engage a person for slaughtering animals unless he possesses a valid license or authorisation issued by the municipal or other local authority.
No person who has not attained the age of 18 years shall be employed in any manner in a slaughter house.
No person who is suffering from any communicable or infectious disease shall be permitted to slaughter an animal.
Inspection of slaughter house -
The Animal Welfare Board of India or any person or Animal Welfare Organisation authorised by it may inspect any slaughter house without notice to its owner or the person incharge of it at any time during the working hours to ensure that the provisions of these rules are being complied with.
The person or the Animal Welfare Organisation authorised under sub rule (1) shall after inspection send its report to Animal Welfare Board of India as well as to the municipal or local authority for appropriate action including initiation of legal proceedings if any, in the event of violation of any provisions of these rules.
(F.No.19/1/2000-AWD)
DHARMENDRA DEO, Jt. Secy.
The greatness of a nation and its moral progress can be judged by the way its animals are treated.
- Mahatma Gandhi
Real kindness comes from a sense of friendship with animals.
Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Registered No. DL - (N) 04/0007/2003-07
II - 1
PART II - Section I
PUBLISHED BY AUTHORITY
[ 75] नई 31, 2007/ 10, 1929
No. 67 | NEW DELHI, MONDAY. DECEM BER 31. 2007 /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
(Legislative Department)
New Delhi, the 31st December, 2007/Pausa 10, 1929 (Saka)
The following Act of Parliament received the assent of the President on the 29th December, 2007 and is hereby published for general information:
THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007
No. 56 OF 2007
[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:
Contd. Page. 2.
:: 2 ::
CHAPTER I: Preliminary
1. Short title, extent and commencement
This Act may be called the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
It extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India
It shall come into force in a State on such date as the State Government may, by notification in the Official Gazelle, appoint.
2. Definitions:In this Act, unless the context otherwise requires -
"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 not to 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
"Tribunal" means the Maintenance Tribunal constituted under section 7
"welfare" means provision for food, health care, recreation centres and other amenities necessary for the senior citizens
3. Act to have overiding 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.
CHAPTER II: MAINTENANCE OF PARENTS AND SENIOR CITIZENS
4. Maintenance of Parents and Senior Citizens
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 -
parent or grand-parent, against one or more of his children not being a minor
a childless senior citizen, against such of his relative referred to in clause (g) of 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.
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 that such parent may lead a normal life.
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.
Contd. Page. 3
:: 3 ::
5. Application for maintenance
An application for maintenance under section 4, may be made -
by a senior citizen or a parent, as the case may be; or
if he is incapable, by any other person or organisation authorised by him; or
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.
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.
On receipt of 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 determining the amount of maintenance
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 that the 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 maintenance.
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 be.
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.
Contd. Page. 4.
:: 4 ::
6. Jurisdiction and Procedure
The proceedings under section 5 may be taken against any children or relative in any district -
where he resides or last resided, or
where children or relative resides.
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.
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.
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
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.
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 designated 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
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.
The Tribunal shall be presided over by an officer noi below the rank of Sub-Divisional Officer of a State.
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. Summary procedure in case of inquiry
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.
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
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.
Contd. Page. 5.
:: 5 ::
9. Order for maintenance
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 time, direct.
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:
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.
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 or, as the case may be, vary the same accordingly.
11. Enforcement of order of maintenance
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 against whom 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.
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, where 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 either of those Acts but not under both.
13. Deposit of maintenance amountWhen an order is made under this Chapter, the children or relative who is required to pay any amount in terms of such order shall, within thirty days of the date of announcing the order by the Tribunal, deposit the entire amount ordered in such manner as the Tribunal may direct.
14. Award of interest where any claim is allowed:
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 as may be determined by the Tribunal which shall not be less than five per cent, and not 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.
Contd. Page. 6.
:: 6 ::
15. Constitution of Appellate Tribunal
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.
The Appellate Tribunal shall be presided over by an officer not below the rank of District Magistrate.
16. Appeals:
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 murmcr 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 receipt of 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.
The Appellate Tribunal shall make an endeavour to pronounce its ordenr in writing within one month of the receipt of an appeal.
A copy of every order made under sub-section (3) shall be sent to both the panics free of cost.
17. Right to legal representationNotwithstanding anything contained in any law, no party to a proceeding before a Tribunal or Appellate Tribunal shall be represented by a legal practitioner.
18. Maintenance Officer
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.
The Maintenance Officer referred to in sub-section (1), shall represent a parent if he so desires, during 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
The State Government may establish and maintain such number of oldage homes at accessible places, as it may deem necessary, in a 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.
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.
Contd. Page. 7.
:: 7 ::
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 -
the Government hospitals or hospitals funded fully or partially by the Government shall provide beds for all senior citizens as far as possible;
separate queues be arranged for senior citizens;
facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens;
research activities for chronic elderly diseases and ageing is expanded;
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 citizensThe State Government shall, take all measures to ensure that -
the provisions of this Act are given wide publicity through public media including the television, radio and the print, at regular intervals;
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;
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 this Act
The State Government may, confer such powers and impose such duties on a District Magistrate as may be necessary, to ensure that the provisions of this Act are properly carried out and the District Magistrate may specify the officer, 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.
The State Government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens.
Contd. Page. 8.
:: 8 ::
23. Transfer of property to be void in certain circumstances
Where any senior citizen who, after the commencement of this Act, has by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and 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 ofthe transferor be declared void by the Tribunal.
Where any senior citizen has a right to receive maintenance out of an estate and such estate or part , thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of right.
If any senior citizen is incapable of enforcing the rights under sub-sections (1) and (2), action may be taken on his behalf by any of the organisation referred to in Explanation to sub-section (1) of section 5.
CHAPTER VI: OFFENCES AND PROCEDURE FOR TRIAL
24. Exposure and abandonment of senior citizen
Whoever, 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
Notwithstanding any thing contained in the Code of Criminal Procedure, 1973, every offence under this Act shall be cognizable and bailable.
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 done 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.
Contd. Page. 9.
:: 9 ::
30. Power of Central Government to give directionsThe Central Government may give directions to State Governments as to the carrying into execution of the provisions of this Act.
31. Power of Central Government to reviewThe 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
The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
Without prejudice to the generality of the foregoing power, such rules may provide for -
the manner of holding inquiry under section 5 subject to such rules as may be prescribed under sub-section (1) of section 8;
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 subsection (2) of section 9;
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 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;
a comprehensive action plan for providing protection of life and property of senior citizens under sub-section (2) of section 22;
any other matter which is to be, or may be, prescribed
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.
