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.