Bare Act Search Results

Maintenance and Welfare of Parents and Senior Citizens Act 2007 Chapter II

Title: Maintenance of Parents and Senior Citizens

State: Central

Year: 2007

.....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. Section 12 - Option regarding maintenance in certain cases Notwithstanding anything contained in Chapter IX of the Code of Criminal Procedure, 1973(2 of 1974), 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. Section 13 - Deposit of maintenance amount When 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. Section 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.....

Maintenance and Welfare of Parents and Senior Citizens Act 2007 Section 4

Title: Maintenance of Parents and Senior Citizens

State: Central

Year: 2007

.....parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application under section 5 in case of-- (i) parent or grand-parent, against one or more of his children not being a minor; (ii) a childless senior citizen, against such of his relative referred to in clause (g) of section 2. (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. (3) 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. (4) 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.....

Maintenance and Welfare of Parents and Senior Citizens Act 2007 Preamble 1

Title: Maintenance and Welfare of Parents and Senior Citizens Act 2007

State: Central

Year: 2007

THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 [Act No. 56 of 2007] [29th December, 2007] PREAMBLE 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-eighth Year of the Republic of India as follows:--

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Complete Act

State: Central

Year: 2007

THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 AN ACT to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:- CHAPTER 1 PRELIMINARY 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 to 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 provision for food,.....

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Complete Act

State: West Bengal

Year: 2007

.....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. CHAPTER 2 Maintenance of Parents and Senior Citizens Section 4 Maintenance of parents and senior citizens (1) A senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application under section 5 in case of- (i) parent or grand-parent, against one or more of his children not being a minor; (ii) a childless senior citizen, against such of his relative, referred to in clause (g) of section 2. (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. (3) 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. (4) Any person being a relative of a senior citizen and.....

Maintenance and Welfare of Parents and Senior Citizens Act 2007 Section 5

Title: Application for Maintenance

State: Central

Year: 2007

.....the time being in force. (2) 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. (3) On receipt of an application for maintenance under sub-section (1), 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. (4) 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. (5) An application for maintenance under sub-section (1) may be filed against one or more persons: Provided that such children or relative.....

Maintenance and Welfare of Parents and Senior Citizens Act 2007 Chapter 1

Title: Preliminary

State: Central

Year: 2007

.....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", in 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. Section 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.

Maintenance and Welfare of Parents and Senior Citizens Act 2007 Section 14

Title: Award of Interest Where Any Claim is Allowed

State: Central

Year: 2007

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(2 of 1974) 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.

Maintenance and Welfare of Parents and Senior Citizens Act 2007 Section 16

Title: Appeals

State: Central

Year: 2007

.....preferred. (4) The Appellate Tribunal may, after examining the appeal and the records called for either allow or reject the appeal. (5) The Appellate Tribunal shall, adjudicate and decide upon the appeal filed 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 parties of being heard in person or through a duly authorised representative. (6) The Appellate Tribunal shall make an endeavour to pronounce its order in writing within one month of the receipt of an appeal. (7) A copy of every order made under sub-section (5) shall be sent to both the parties free of cost.

Maintenance and Welfare of Parents and Senior Citizens Act 2007 Section 12

Title: Option Regarding Maintenance in Certain Cases

State: Central

Year: 2007

Notwithstanding anything contained in Chapter IX of the Code of Criminal Procedure, 1973(2 of 1974), 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.