LexThe Himachal Pradesh Maintenance of Parents and Dependants Act, 2001
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND
DEPENDANTS ACT, 2001
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent, application and commencement.
2. Definitions.
3. Application for maintenance order.
4. Joinder of respondent.
5. Maintenance Orders.
6. Maintenance pendente lite.
7. Power of Tribunal to order security for maintenance.
8. Duration of order for maintenance.
9. Power of Tribunal to vary order for maintenance.
10. Maintenance payable under order of Tribunal to be inalienable.
11. Enforcement of maintenance order.
12. Application on behalf of incapacitated applicant.
13. Maintenance Officer.
14. Establishment of Tribunal for the maintenance of parents and
dependants..
15. Tribunal to hear and determine claims.
16. State Government may call for proceedings of the Tribunal.
17. Appeals.
18. Costs.
19. Effect of transfer of property on right of maintenance.
20. Approved persons or organisations.
21. Provisions not to be derogatory to certain laws.
22. Power to make rules.
SCHEDULE.
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2 THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND
DEPENDANTS ACT, 2001
THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND
DEPENDANTS ACT, 2001
(ACT NO. 19 OF 2001)1
(Received the assent of the President on the 8th September, 2001 and
was published both in Hindi and English in the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated 26th September, 2001, pp. 2653-2679.)
An Act to provide for the maintenance of parents, wives and children and
for matters connected therewith.
Amended, repealed or otherwise affected by-
H.P. Act No. 21 of 20072 assent to by the Governor on the 26th
September, 2007 and published both in Hindi and English
published in the Rajpatra, Himachal Pradesh (Extra-ordinary),
dated 29th September, 2007, pp 6157-6159.
Preamble.- WHEREAS, tendency to neglect the aged and infirm
parents and dependants is increasing day by day and there is apparent need to
compel the young generation to perform their moral obligations which they
owe to the society in respect of their families and aged and infirm parents, so
that they are not left beggared and destituted on the scrapheap of society and
thereby driven to life of vagrancy for their subsistence;
AND WHEREAS, for the purpose of securing the principles laid
down in article 41 read with article 38 of the Constitution of India, it is in the
public interest that the public assistance in cases of old age, sickness and
disablement and in other cases of undeserved want should be secured.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Fifty-second Year of the Republic of India, as follows:-
1. Short title, extent, application and commencement.- (1) This Act
may be called the Himachal Pradesh Maintenance of Parents and Dependants
Act, 2001.
(2) It extends to the whole of Himachal Pradesh.
(3) It shall apply to all persons domiciled in the territories of
Himachal Pradesh except Muslims.
(4) It shall come into force on such date3 as the State Government
may, by notification, in the Official Gazette, appoint.
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see in the Rajpatra, Himachal Pradesh (Extra-ordinary),
dated 19th April, 2001, pp 229-231(Hindi).
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see in the Rajpatra, Himachal Pradesh (Extra-ordinary),
dated 7th September, 2007, pp 5029 and 5034.
3. Act came into force from. 15th May, 2002 vide Notification No. Wel.-A(3)-5/96-
IV dated 24th May, 2002 published in the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated 10th June, 2002, p. 638.
THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND 3
DEPENDANTS ACT, 2001
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) "applicant" includes a person in whose favour a maintenance
order has been made under the provisions of this Act ;
(b) "approved person" or "organisation" means a person or an
organisation that has been approved under section 20 by the
State Government in writing for the purposes of this Act; and
shall include person or organisation as specified in the
Schedule appended to this Act;
(c) "child" includes a child born out of extra marital relationship,
adopted and step child, below the age of 18 years ;
(d) "dependant" includes,-
(i) parents and grand parents, so long as they are unable to
maintain themselves or unable to obtain maintenance in
the case of grand parents from their sons and daughters;
(ii) wife, so long as she does not re-marry;
(iii) son or the son of predeceased son, so long as he is minor
; provided and to the extent that he is unable to obtain
maintenance in the case of grandson from his father's or
mother's estate ;
(iv) unmarried daughter or unmarried daughter of the
predeceased son, so long as she remains unmarried ;
provided and to the extent that she is unable to obtain
maintenance in case of a grand daughter from her
father's and mother's estate ;
(v) widowed daughter ; provided that and to the extent that
she is unable to obtain maintenance-
(a) from the estate of her husband ; or
(b) from her son or daughter, if any, or his or her estate ;
or
(c) from her father-in-law or her grand father or the
estate of either of them;
(vi) any widow of the son or of the son of the predeceased
son, so long as she does not remarry; provided and to the
extent that she is unable to obtain maintenance from the
estate of her husband or from her son or daughter, if any,
or his or her estate; or in the case of a grandson's widow,
also from her father-in-law's estate;
(vii) son born out of extra marital relationship, so long he
remains minor; and
(viii) daughter born out of extra marital relationship, so long
she remains minor ;
4 THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND
DEPENDANTS ACT, 2001
(e) "Maintenance Officer" means the Maintenance Officer for the
maintenance of parents and dependants appointed under
section 13;
(f) "prescribed" means prescribed by rules made under this Act ;
(g) "property" means property of any kind, whether movable or
immovable, tangible or intangible ; and includes any rights or
interest in such property;
(h) "respondent" includes a person against whom a maintenance
order has been made under the provisions of this Act ; and
(i) "Tribunal" means the Tribunal for the maintenance of parents
and dependants established under section 14.
3. Application for maintenance order.- (1) Any person who is
unable to maintain himself and 1[xxxxxxxxxxxxxxxxxxxxxxx] is resident in
the State of Himachal Pradesh, may apply to the Tribunal for an order-
(i) in case of a parent or grand parent, that one or more of his
children or grand children ;
(ii) in case of wife, that her husband ;
(iii) in case of minor son or unmarried daughter, that his or her
father and where father is dead, his or her mother ; and
(iv) in case of dependant (other than a parent, grand parent, wife,
minor son or un married daughter) if such dependant has not
obtained, by testamentary of intestate succession, any share in
an estate of his ancestor that the persons who take the share,
shall pay him a monthly allowance, not exceeding five
thousand rupees per mensem, or any other periodical payment
or a lump-sum for his maintenance.
(2) An approved person or organisation in whose care a parent, wife,
child or dependant resides may apply to the Tribunal for an order that the
respondent shall pay to the approved person or organisation a monthly
allowance not exceeding five thousand rupees per mensem or any other
periodical payment or a lump sum for the purposes of defraying the cost and
expenses of maintaining that parent, wife, child or a dependant, as the case
may be.
(3) Where a parent, wife, child or dependant ceases to be in the care
of the approved person or organisation, any part of the monthly allowance,
other periodical payment or lump sum remaining after deducting the
reasonable cost and expenses of maintaining the parent, wife, child and the
dependant shall be held in trust for such parent, wife, child and the
dependants, as the case may be.
1. The words “having income below the level laid down for persons living below the
poverty line and” deleted vide Act No. 21 of 2007.
THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND 5
DEPENDANTS ACT, 2001
Explanation.- For the purposes of this section, a parent is unable to
maintain himself, if his total or expected income and other financial resources
are inadequate to provide him with basic amenities and basic physical needs
including (but not limited to) shelter, food and clothing.
4. Joinder of respondent.- A respondent may serve notice in the
prescribed form on other persons liable to maintain the applicant joining them
as respondent in the action.
5. Maintenance Orders.- .(1) The Tribunal may make a maintenance
order if it considers that it is just and equitable that the respondent should
maintain the application and that-
(a) the respondent is able to provide maintenance to the applicant
after his own requirements and those of his spouse and his
children; and
(b) the applicant is unable, inspite of efforts on his part, to maintain
himself through work or from his property or from any other
source.
(2) When ordering maintenance for the benefit of a wife, child or aged
or infirm parent, the Tribunal shall have regard to all the circumstances of the
case including (but not limited to) the following matters:-
(a) the financial needs of the applicant, taking into account
reasonable expenses for housing and medical costs ;
(b) the income earning capacity, property and other financial
resources of the applicant and the manner in which an
applicant has spent his saving or dissipated his financial
resources ;
(c) any physical or mental disability of the applicant ;
(d) the income, earning capacity, property and other financial
resources of the respondent ;
(e) the expenses incurred by the respondent in supporting his
spouse or children;
(f) the contributions and provisions, whether financial or
otherwise, which the respondent has made for the
maintenance of the applicant ; and
(g) if the applicant is living separately, whether the applicant is
justified in doing so.
(3) When ordering maintenance, if any, for the benefit to a dependant
(other than wife, minor son, unmarried daughter and parents) regard shall be
had to-
(a) the net value of the estate of the deceased after providing for
the payment of debts ;
6 THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND
DEPENDANTS ACT, 2001
(b) the provisions, if any, made under a will of the deceased in
respect of the dependant ;
(c) the degree of relationship between the two ;
(d) the reasonable wants of the dependant ;
(e) the past relations between the dependant and the deceased ;
(f) the value of the property of the dependant and any income
derived from the property or from his or her earnings or from
any other source ; and
(g) the number of dependants entitled to maintenance under this
Act.
(4) Where there is more than one respondent the Tribunal may
apportion the maintenance among the various respondents in such manner as
may be just.
(5) The Tribunal shall, before hearing an application under this
section refer the differences between the parties to a conciliation officer for
mediation between the parties.
6. Maintenance pendente lite.- Where in any proceeding under this
Act it appears to the Tribunal that the applicant is unable to maintain himself
and has no independent income, it may, on the application of the applicant
supported by an affidavit, order the respondent to pay to the applicant such
sum by way of interim maintenance as, having regard to the income of the
respondent, it may seem to the Tribunal to be reasonable but which shall not
be less than Rs. 500/- per month pending the final disposal of the maintenance
application.
7. Power of Tribunal to order security for maintenance.- (1) A
maintenance order may provide for the payment of a monthly allowance not
exceeding five thousand rupees per mensem or periodical payment or a lump
sum for such period as the Tribunal may determine.
(2) The Tribunal may, in its discretion, when awarding maintenance,
order the respondent to secure the whole or any part of it by vesting any
property in trustees upon trust to pay the maintenance or part thereof out of
the income from that property.
(3) The Tribunal may, in awarding maintenance, order the applicant
to-
(a) deposit such minimum sum as the Tribunal may determine
with a bank ; or
(b) purchase an annuity with an insurer with such minimum sum.
(4) The Tribunal may, in awarding maintenance, give directions as to
the manner or method of payment.
THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND 7
DEPENDANTS ACT, 2001
8. Duration of order for maintenance.- (1) Except where an order
for maintenance is expressed to be for any shorter period or where any such
order has been rescinded, a maintenance order shall expire-
(a) if the maintenance was unsecured, on the death of the
applicant or the respondent, whichever is earlier; and
(b) if the maintenance was secured, on the death of the applicant.
(2) Where a maintenance order was made against more than one
respondent, the death of a respondent does not affect the liability of the others
to continue paying maintenance to the applicant. The applicant may apply to
the Tribunal to re-apportion the liability among the surviving respondents.
9. Power of Tribunal to vary order for maintenance.- (1) The
Tribunal may vary or rescind any subsisting order for maintenance, whether
secured or unsecured, where it is satisfied that the order was based on any
misrepresentation or mistake of fact or where there has been any material
change in the circumstances of the applicant or respondents or where another
person is joined as a respondent.
(2) An application for variation of a maintenance order may be made
by-
(a) the applicant;
(b) a respondent;
(c) the Maintenance Officer;
(d) an approved person or organization referred to in section 3
(2); or
(e) in respect of secured maintenance, the legal personal
representatives of a respondent.
(3) Where a maintenance order was made against more than one
respondent or another respondent is joined, the Tribunal may reapportion the
maintenance upon an application to vary the maintenance order in such
manner as it considers just.
10. Maintenance payable under order of Tribunal to be
inalienable.- Maintenance payable to any person under this Act shall not be
assignable or transferable or liable to be attached, sequestered or levied upon
for, or in respect of any debt or claim whatsoever.
11. Enforcement of maintenance order.- (1) A maintenance order
made under this Act shall have the same force and effect as an order passed
under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974), and
shall be executed in the manner prescribed for the execution of such order by
that Code.
(2) An order for maintenance may be executed either by the Tribunal
which passed it or by other Tribunal or ordinary court to which is sent for
execution.
8 THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND
DEPENDANTS ACT, 2001
(3) In addition to the mode of execution of orders referred to in sub
sections (1) and (2), a maintenance order passed against a person who is in
receipt of salary from any State or Central Government or from a local
authority or from a Corporation engaged in any trade or industry which is
established by a Central or State Government or from a Government
Company as defined in section 617 of the Companies Act, 1956 (1 of 1956)
may be executed by way of attachment of salary payable to him.
(4) Where the salary is attached under sub-section (3), the Tribunal,
whether the person liable to pay the amount of maintenance, or the employer
or the officer disbursing the salary is or is not within the local limits of the
Tribunal's jurisdiction, may order that the salary not exceeding one third shall
be withheld from such salary by monthly instalments as the Tribunal may
direct and upon notice of the order such employer or disbursing officer, shall
remit to the Tribunal the amount of monthly instalments.
(5) Where the attachable portion of such salary is already being
withheld and remitted to a Court or a Tribunal in pursuance of a previous and
unsatisfied order of attachment, the employer or the disbursing officer shall
forthwith return the subsequent order to the Tribunal issuing it with a full
statement of all the particulars of the existing attachment.
(6) Every order made under sub-section (3), unless it is returned in
accordance with the provisions of sub-section (5), shall without further notice
or other process, bind the employer and the employer shall be liable for the
sum paid in contravention of the provisions of sub-sections (3), (4) and (5) of
this section.
12. Application on behalf of incapacitated applicant.- Where an
applicant is unable to make an application under this Act (whether by reason
of physical or mental infirmity or for any other reason), such an application
may be made on his behalf by-
(a) any member of his family ; or
(b) any person in whose care he resides ; or
(c) any other person whom the applicant has authorised to make
such application; or
(d) Maintenance Officer.
13. Maintenance Officer.- (1) The District Welfare Officer
concerned shall be the Maintenance Officer within his territorial jurisdiction
for the maintenance of parents and dependants.
(2) The Maintenance Officer may make an application under this Act
on behalf of an applicant or a minor child (whether or not the applicant is able
to do so) or represent such applicant in any proceedings or appeal under this
Act.
(3) The Maintenance Officer may consult, or direct any of his officers
to consult, with the parties concerned in order to assist them to reach
agreement by conciliation.
THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND 9
DEPENDANTS ACT, 2001
14. Establishment of Tribunal for the maintenance of parents and
dependants.- (1) For the purpose of exercising the jurisdiction and powers
conferred on a Tribunal for maintenance of parents and dependants by this
Act, Government shall, as soon as may be, after the commencement of this
Act, establish, in every district, as many Tribunal for maintenance of parents
and dependants and at such places, as the State Government may, by
notification specify.
(2) The Presiding Officer who shall not be lower in rank of the Sub-
Divisional Officer (Civil) of such Tribunal shall be appointed by the state
Government.
(3) The Presiding Officer of the Tribunal shall vacate his office
where-
(a) he resigns ; or
(b) where he has been appointed by virtue of holding any office,
he ceases to hold that office.
(4) where a person ceases to be the Presiding Officer of the Tribunal,
the State Government shall, as soon as is reasonably practicable, take steps to
fill the vacancy but the existence of any vacancy in the Tribunal shall not
invalidate the acts of the Tribunal.
(5) If the Presiding Officer of the tribunal is for the time being unable
to perform the duties of his office, either generally or in relation to any
particular proceedings, the State Government may appoint some other person
to discharge the duties of the Presiding Officer for any period, not exceeding
six months at one time, or as the case may be, in relation to those proceedings
; and a person so appointed shall, during that period or in relation to those
proceedings, have the same powers as the person in whose place he is
appointed.
(6) The Presiding Officer of the Tribunal when and so long as he is
serving on the Tribunal shall be deemed to be a public servant within the
meaning of the Indian Penal Code and the proceedings of the Tribunal shall be
deemed to be judicial proceeding.
15. Tribunal to hear and determine claims.-(1) The Tribunal shall
have jurisdiction to hear and determine in accordance with this Act, all
applications made under this Act.
(2) The Tribunal shall decide every application made to it as
expeditiously as possible and ordinarily every application shall be decided
within a period of six months reckoned from the date on which such
application has been made.
(3) Sittings of the Tribunal shall be held at such places and times as
the Presiding Officer of the Tribunal may determine.
(4) Any interested party may be represented before the Tribunal-
10 THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND
DEPENDANTS ACT, 2001
(a) by an agent acting without fee, gain, reward or any
expectation thereof, in any case in which the Tribunal may, at
the request of that party and for good reason, permit; or
(b) by the Maintenance Officer ; or
(c) by an approved person or organisation through any of its
employees or office holders.
(5) No party to any proceedings before the Tribunal may be
represented by an Advocate.
(6) Every summons and notice issued under the hand of the Presiding
Officer of the Tribunal to any person shall be served on that person-
(a) by delivering the summons to the person or to some adult
member of his family at his last known place of residence; or
(b) by leaving the summon at his usual or last known place of
residence or business in an envelope addressed to the person;
or
(c) by sending the summons by registered post addressed to the
person at his usual or last known place of residence or
business ; or
(d) where the person is a body of persons or a company-
(i) by delivering the summons to the Secretary or other like
officer of the body of persons or company at its registered
office or principal place of business ; or
(ii) by sending summons by registered post addressed to the
body of persons or company at its registered office or
principal place of business.
(7) Any summons or notice sent by registered post to any person in
accordance with sub-section (6) shall be deemed to be duly served on the
person to whom the letter is addressed at the time when the letter would in the
ordinary course of post be delivered and in proving service of the summons, it
shall be sufficient to prove that the envelope containing the summons was
properly addressed, stamped and posted by registered post.
(8) The Tribunal shall have the following powers:-
(a) to dismiss frivolous or vexatious claims at a preliminary stage
on the basis of the affidavits and other documentary evidence;
(b) to summon any person to appear before a Conciliation
Officer for the purpose of mediation;
(c) to summon any person whom it may consider able to give
evidence to attend at the hearing of an application ;
(d) to examine such person as a witness either on oath or
otherwise and to require such person to produce such records,
THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND 11
DEPENDANTS ACT, 2001
documents or articles as the Tribunal may think necessary for
the purpose of the proceedings;
(e) to allow any person, attending the proceedings any reasonable
expenses necessarily incurred by him in so attending to be
paid by such party as the Tribunal may determine ;
(f) to make an order by consent of the parties; and
(g) all the powers of a Magistrate with regard to the enforcement
of attendance of witnesses and hearing evidence on oath.
(9) Every person examined as a witness by or before the Tribunal,
whether on oath or otherwise, shall be legally bound to state the truth and to
produce such records, documents or articles as the Tribunal may require.
(10) The Tribunal may receive as evidence any report, statement,
document, information or matter that may, in its opinion, assist it to deal
effectively with a dispute, whether or not the same would be otherwise
relevant or admissible under the Indian Evidence Act, 1872 (1 of 1872) .
(11) In proceedings before the Tribunal it shall not be necessary to
record the evidence of witnesses at length, but the Tribunal, as the
examination of each witness proceeds, shall, record or cause to be recorded, a
memorandum of the substance of what a witness deposes, and such
memorandum shall be signed by the witness and the Presiding Officer of the
Tribunal and shall form part of the record.
(12) The evidence of any person where such evidence is of a formal
character, may be given by affidavit and may, subject to all just exception, be
read in evidence in any proceeding before the Tribunal.
(13) The Tribunal may, if it thinks fit, and shall on the application of
any of the parties to the proceedings summon and examine any such person as
to the facts contained in his affidavit.
16. State Government may call for proceedings of the Tribunal.-
(1) The State Government either on its own motion or on the application
within 14 days of any party aggrieved by a decision of the Tribunal on the
ground that it is wrong in law, may call for the proceedings and the grounds of
the award and give such order thereon, either by directing a fresh hearing or
otherwise, as seems necessary to secure that substantial justice is done.
(2) The powers of revision conferred under this section shall not
question the decision of the Tribunal as to the quantum of maintenance
awarded or apportioned under this Act.
17. Appeals.- (1) Except as provided in this section and section 16,
the decision of the Tribunal shall be final.
(2) The applicant, the Maintenance Officer on behalf of the applicant,
a respondent, an approved person or organisation or any other affected party
may appeal to the District Judge from the decision of the Tribunal upon any
question of law or of mixed law and fact except in any case where the
Tribunal has made the order with the consent of the parties unless it is alleged
12 THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND
DEPENDANTS ACT, 2001
that the consent was obtained by means of fraud, duress, threat or
misrepresentation.
(3) The District Judge shall decide every appeal preferred to it as
expeditiously as possible.
(4) The procedure governing such appeals under sub-sections (2) and
(3) shall be the same as that for appeals from decisions of the Sub-Judge to the
District Judge.
(5) The District Judge shall have jurisdiction to hear and determine
any such appeal and may confirm, vary or annul the decision of the Tribunal
on appeal and make such further or other order on such appeal, whether as to
costs or otherwise, as the District Judge may consider fit.
(6) There shall be no further right of appeal from decisions of the
District Judge.
18. Costs.- The costs of-
(a) an application under this Act shall be in the discretion of the
Tribunal ;
(b) an appeal shall be in the direction of the District Judge
hearing the appeal.
19. Effect of transfer of property on right of maintenance.- (1)
Where any person who, after the commencement of this Act, has transferred
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 the 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 void.
(2) Where any person 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.
20. Approved persons or organisations.- The State Government
may approve-
(a) institutions or organisations engaged in social welfare or the
representatives thereof ;
(b) persons professionally engaged in promoting the welfare of
the family;
(c) persons working in the field of social welfare; and
(d) any other persons ; whose association with a Tribunal would
enable it to exercise its jurisdiction more effectively in
accordance with the purpose of this Act.
THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND 13
DEPENDANTS ACT, 2001
21. Provisions not to be derogatory to certain laws.- The provisions
of this Act shall be in addition to and not in derogation of the provisions of
Chapter IX (relating to the order of maintenance of wife, children and parents)
of the Code of Criminal Procedure, 1973 and the provisions of any law for the
time being in force in respect of a suit or proceeding for maintenance.
22. Power to make rules.- (1) The state Government may, subject to
the condition of previous publication, make rules for the purpose of carrying
into effect the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power such
rules may provide for-
(a) regulating and prescribing the procedure to be followed for
application and the conduct of proceedings under this Act ;
(b) regulating the means by which particular facts may be proved,
and the mode in which evidence thereof may be given
including but not limited to affidavits ;
(c) the manner in which frivolous or vexatious claims may be
dismissed at a preliminary stage on the basis of the affidavits
and other documentary evidence ;
(d) the discovery of documents and other evidence and public
records;
(e) the manner and method of payment of maintenance awarded
under this Act ;
(f) the costs of any proceeding under this Act; and
(g) the manner in which, the purposes for which and conditions
subject to which institutions, organisations and other persons
may be approved for providing assistance to the Tribunal.
(3) Every rule made under this section by the State Government shall
be laid, as soon as may be, after it is made, before the State Legislative
Assembly, while it is in session, for a total period of fourteen days which may
be comprised in one session or two or more successive sessions, and if, before
the expiry of the session immediately following the session or the successive
sessions aforesaid the Assembly agrees in making any modifications in the
rule or the Assembly agrees that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, 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.
14 THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND
DEPENDANTS ACT, 2001
SCHEDULE
[See section 2 (b)]
List of person or organisation engaged in retaining or maintaining old,
infirm and dependant persons.
1. Himachal Pradesh Council for Child Welfare, Shimla-2.
2. State Social Welfare Advisory Board, Himachal Pradesh,
Khalini.
3. Balh Valley Kalyan Sabha, Bhangrotu, Tehsil Sadar, District
Mandi, Himachal Pradesh.
4. Association for Social Health in India, Craig Garden, Kothi No.
3, Shimla-2.
5. Age Care India, Himachal Pradesh Chapter, Onkar House,
Kasumpti, Shimla-9.
6. Indira Ladies Club Rauzsore Palace, Nahan, District Sirmaur,
Himachal Pradesh.
7. Sisters of Charity, Prem Ashram, Una, District Una, Himachal
Pradesh.
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THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND 15
DEPENDANTS ACT, 2001
AUTHORITATIVE ENGLISH TEXT
THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND
DEPENDANTS (AMENDMENT) ACT, 2007
ARRANGEMENT OF SECTIONS
Sections:
1. Short title.
2. Amendment of section 3.
THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND
DEPENDANTS (AMENDMENT) ACT, 2007
(ACT NO. 21 OF 2007)1
(Received the assent of the Governor on the 26th September, 2007 and
was published in Hindi and English in R.H.P. Extra., dated 29th September,
2007 at pages 6158-6159)
AN ACT further to amend the Himachal Pradesh Maintenance of
Parents and Dependants Act, 2001 (Act No. 19 of 2001).
BE it enacted by the Legislative Assembly of Himachal Pradesh in
the Fifty-eighth Year of the Republic of India as follows:-
1. Short title.-. This Act may be called the Himachal Pradesh
Maintenance of Parents and Dependants (Amendment) Act, 2007.
2. Amendment of section 3.- In the Himachal Pradesh Maintenance
of Parents and Dependants Act, 2001(Act No. 19 of 2001), in section 3, in
sub-section (1), the words "having income below the level laid down for
persons living below the poverty line and" shall be deleted.
1 Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P.Extra., dated 7.9.2007, p. 5029 & 5034.