Section 22 in The Carriage by Road Act, 2007

Title: Repeal and saving

Description: (1) The Carriers Act, 1865(3 of 1865) is hereby repealed. (2) Notwithstanding the repeal of the Carriers Act, 1865 (3 of 1865) anything done or any action taken under the said Act shall, in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the provisions of this Act and shall continue in force accordingly until superseded by anything done or any action taken under this Act. (3) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeals.

Title: Short title, extent, application and commencement

Description: (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 1*** and it applies also it 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. 1. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019).

Title: Definitions

Description: 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 provisions for food, clothing, residence and medical attendance and treatment; (c) "minor" means a person who, under the provisions of the Majority Act, 1875 (9 of 1875) is deemed not to have attained the age of majority; (d) "parent" means father or mother whether biological, adoptive or step father or step mother, as the case may be, whether or not the father or the mother is a senior citizen; (e) "prescribed" means prescribed by rules made by the State Government under this Act; (f) "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; (g) "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; (h) "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above; (i) "State Government", 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.

Title: Act to have overriding effect

Description: 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.

Title: Maintenance of parents and senior citizens

Description: (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 having sufficient means shall maintain such senior citizen provided he is in possession of the property of such 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 property

The Carriage by Road Act, 2007