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Section 29: Power of State Government to make rules

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2007
Section 28 All 32 Sections of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 30

Legal Commentary & Landmark Judgments: Section 29

Section 29 confers statutory power on the State Government to issue executive orders removing difficulties in giving effect to the provisions of the Senior Citizens Act within a two-year transitional window.

  • Henry VIII Clause Authority: 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 Act as appear to it to be necessary.
  • Two-Year Sunset Limit: Section 29(2) mandates that no such order shall be made after the expiry of a period of two years from the commencement of the Act.
  • Legislative Tabling: Every order made under this section must be laid before each House of the State Legislature.
Key Landmark Precedents:
  • Madeva Upendra Sinai v. Union of India (1975) 3 SCC 765: The Supreme Court held that removal of difficulties clauses are strictly confined to removing transitional mechanical obstacles; they cannot be used to modify or alter the substantive policy of the parent Act.
  • Sunny Paul v. State (NCT of Delhi) 2018 SCC OnLine Del 11640: Affirmed that executive orders issued under transitional powers must align with the social welfare objective of senior citizen protection.
Courtroom Practice & Strategic Litigation Guidance:

In modern practice, Section 29 is historical and spent; substantive operational guidelines are now framed by State Governments under Section 32 rule-making powers rather than Section 29 removal of difficulties orders.

Section 28 All 32 Sections of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 30