Jammu and Kashmir Maintenance and Welfare of Parents and Senior Citizens Act, 2014

No: 16 Dated: Oct, 03 2014

THE JAMMU AND KASHMIR MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2014

(Act No. XVI of 2014)

    An Act to provide for more effective provisions for the maintenance and welfare of parents and senior citizens as guaranteed and recognized under the Constitution and for matters connected therewith incidental thereto.

    Be it enacted by the Jammu and Kashmir State Legislature in the Sixty-fifth Year of the Republic of India as follows :-

CHAPTER I

Preliminary

1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Maintenance and Welfare of Parents and Senior Citizens Act, 2014.

(2) It shall extend to the whole of the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint and different dates may be appointed for different provisions of this Act and for different areas.

2. Definitions. - In this Act, unless the context otherwise requires,-

(a) "Act" means the Jammu and Kashmir Maintenance and Welfare of Parents and Senior Citizens Act, 2014 ;

(b) "children" includes son, daughter, grandson and granddaughter but does not include a minor ;

(c) "Government" means the Government of the State of Jammu and Kashmir ;

(d) "maintenance" includes provision for food, clothing, residence, medical attendance and treatment ;

(e) "minor" means a person who, under the provisions of the Majority Act, Samvat 1977 is deemed not to have attained the age of majority ;

(f) "parent" means father or mother whether biologic or step father or step mother, as the case may be, whether or not the father or the mother is a senior citizen ;

(g) "prescribed" means prescribed by rules made by the Government under the Act ;

(h) "property" means property of any kind, whether movable or immovable, ancestral or self acquired, tangible or intangible and includes rights or interests in such property ;

(i) "relative" means any legal heir of the childless senior citizen who is not a minor and is in possession of or would inherit his property after his death ;

(j) "senior citizen" means any person being a permanent residence of the Jammu and Kashmir State, who has attained the age of sixty years or above ;

(k) "Tribunal" means the Maintenance Tribunal constituted under section 7 ;

(l) "welfare" means provision for food, healthcare, recreation centres and other amenities necessary for the senior citizens.

3. Act to have overriding effect. - The provisions of the 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 the Act.