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Section 22: Power to make rules

The Himachal Pradesh Maintenance of Parents and Dependants Act, 2001State Act of Himachal Pradesh · Act 19 of 2001

(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.

___________ 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.

Where this provision sits

ActThe Himachal Pradesh Maintenance of Parents and Dependants Act, 2001
Section22
Marginal notePower to make rules
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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