Chapter VII MISCELLANEOUS

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 of the Indian Penal Code (45 of 1860).

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.

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.

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:

Power of Central Government to give directions Power of Central Government to give directions.—The Central Government may give directions to State Governments as to the carrying into execution of the provisions of this Act.

Power of Central Government to review.—The Central Government may make periodic review and monitor the progress of the implementation of the provisions of this Act by the State Governments.

Power of State Government to make rules.—(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

1. (2) Without prejudice to the generality of the foregoing power, such rules may provide for—
   • (a) the manner of holding inquiry under section 5 subject to such rules as may be prescribed under sub-section (1) of section 8;
   • (b) the power and procedure of the Tribunal for other purposes under sub-section (2) of section 8;
   • (c) the maximum maintenance allowance which may be ordered by the Tribunal under sub-section (2) of section 9;
   • (d) the scheme for management of old age 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 under sub-section (2) of section 19;
   • (e) the powers and duties of the authorities for implementing the provisions of this Act, under sub-section (1) of section 22;
   • (f) a comprehensive action plan for providing protection of life and property of senior citizens under sub-section (2) of section 22;
   • (g) any other matter which is to be, or may be, prescribed.
2. (3) 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.