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SOCIAI- .JUSTICE AND SPECIAL ASSISTA}ICEDEPARTMEI{T
Mantralay r, Mumbai 400 OB2, dated the 28rd June 2010.
NOTIFICATIONMan*rNeNcr e*o wnlranr oF PAREr.{TS AND sEonron crrznus Rrno, 2010.
No. oAH-2009/c.R.46lsudhar-1:- In exercise of the powers conferredby section 32 of the Maintenance and welfare of parents and seniorCitizens Act,2007 (b6 of 2002), and of all other powers enabling it in thatbehalf, the Government of Maharashtra hereby makes the following rules,namely:-
C}IAPTER IPnnmmmny
L. short title.--These rules may be called the Maharashtra Maintenanceand Welfare of Parents and Senior Citizens Rules, 2010.
2..Definitions.{/) In these rules, unless the context otherwiserequ1res.-
(a) "ActD means the Maintenance and welfare of parents and seniorCitizens Act, 2007 (No. E6 of 2007);
(b) "section means,, a section of the Act;(c) "application" means an application mad.e to a Ttibunal under
section 5;
(d) "blood relations" in the relation to a male and a female inmate,means father-daughter, mother-son, and brother-sister (not cousins);
(e) "conciliation ofiicer" means any person or representative of anorganization registered undel the societies Registration Act, 1960 (21of 1660), or any other law for the time being in force, and also includesNlaintenance Offieer designated under section 18;
(fl "Department" means the Social Justice and Special AssistanceDepartrnent of Government;
fu') "District Magistrate" means the District Magistrate and includesAdditional District Magistrate of the District;
(lz) "Form" means a Form appended to these rules;(l) "inmate", in relation to an old age home, means a senior citizen
duly admitted to reside in such a home ;
f-) "opposite party" means the party against whom an application formaintenance has been f:.led under section 4;
(&) "Organisation" means, an Organization registered under theSocieties Registration Act, 1860 or any other law for the time being
in force;
(l) "Presiding Offrcer" mearrs an officer appointed to preside over a
Maintenance Tribunal referred to under sub-section (l) of section 7,
or an Appellate Tribunal under sub-section (l) of section 15;
(nr) "Schedule" means a Schedule u.ppended to these rules;
(n) "State Government" or "Government" mears the Governmentof Maharashtra;
(o) "Sub-Divisional Magistrate" includes Additional Sub-DivisionalMagistrate of the Sub-Division.
(2) Words and expressions defined in the Act but not defined in these
rules shali have the meanings respectively assigned to them in the Act.
CIIAPTER - IIPROCEDURE FOR MAINTENANCE TRIBTINAL AND
CONCILIATION OFFICERS.
3. Panel for appointment as Conciliation Officers.- (l) Every Tribunalshall prepare a panel of persons suitable for appointment as Conciliation
Officer under sub-section (6) of section 6, which shall include theMaintenance Offrcers as designated under section 18.
(2) Persons referred to under sub-rule (1), other than MaintenanceOfficers designated under section 18, shall be chosen as ConciiiationOfficer subject to fulfilling the following conditions, namely:-
(o) he shall be associated with an organization which is working for
the welfare of senior citizens or weaker sections, or in the area ofeducation, health, poverby-alleviation, women's empowerment, socialjustice, rural development or related fields, for at least two years withan unblemished record of service;
(b) he shall be a senior office-bearer of the Organization; and
(c) he shali possess good knowledge of law:
Provided that, a person who is not associated with an organization ofthe kind mentioned above, may also be included in the panel mentioned
in sub-rule (1) subject to fulfilling the foilowing conditions, namely:-
(r) he must have a good and unblemished record of public service
in one or more of the areas mentioned in clause (a); and
(3) The Tribunal shali pubiish the panel mentioned in sub-rule (1), forgeneral infonnation at least twice in every year, on the 1st January andthe 1st JuIy, respectively, and every time any change is effected therein.
4. Procedure for filing an. application for maintenance and itsregistration -{l) An application for maintenance under section 4 shall befrled in Form-A, by the persons mentioned in clauses (a) and (b) of thesub-section (l) of section 5.
(2) On receipt of an application under sub-rule (1), the PresidingOfficer shall cause,-
(o) its essentiai details to be entered in a Register of MaintenanceCiaim Cases, to be maintained in Form-B;
(b) its acknowledgment to be given, notwithstanding anytiringcontained in rule 5, to the applicant or his authorised representativein case of hand delivery, and its dispatch by post in other cases and
the acknowledgment shall specify, inter alia, the registration numberof the application.
(3) Where a Tribunal takes cognizance of a maintenance claim, suo
motu, the Presiding Ofiicer shall, after ascertaining facts, get Form- A,
completed as accurately as possible, through the staff of the Tribunal, and
shall, as far as possible, get it authenticated by the concerned senior
citizen or palent, or any person or Organization authorised by him and
sha1l cause the same to be registered in accordance with clause (a) of sub-
rule (2) above.
5. Preliminary Scrutiny of the application -(I) On receipt of an
application under sub-section (l) of section 5, the Tribunal shall satisfy
itself that, -
(a) the application is complete; and
(b) the opposite party or respondent has, prima facie, an obligation
to rnaintain the applicant in terms of section 4.
(2) In case where the Tribunal frnds any lacunae in the application, itmay direct tlee applicant to rectifr suchlacunae within a reasonable time
limit.
6. Notice to the opposite Party.- (l) The Tribunal after being satisfied
about the maintainabiiity of the application, it shall eause to be issued
to each person against whorn such application has been filed, a notice inForrn-C, directing them to show cause why the application should not be
granted. AJong with a copy of the application and its enclosures, in the
(a) by hand delivery (Dast) through the applicant if he so desires,else through a process sever, or
(b) by the registered post with aeknowledgment d"ue.
(2) The notice shall require the opposite party to appear in person,on the date to be specifred in the notice and to sholv cause in writing,as to why the application should not be granted and shall also inform tha-t,in case he fails to respond to it, the Tribunal may procee d. ex parte.
(3) The provisions of order v of the code of civil procedure, 190g,shail apply, mutatis mutandis, for the purpose of service of notice undersub-rule (2).
7. Procedure in case of non-appearance by opposite party.-rn case,despite service of notice, the opposite party fails to show cause inresponse to a notice, the Tribunal shall proceed ex parte, by takingevidence of the applicant or making such other inquiry as it may d.eemfrt, and shall pass an order disposing of the application.
8. Procedure in case of admission of claim._ln case, on the date fixedin the notice issued under rule 6, the opposite party appears and acceptshis liability to maintain the applicant, or if the two parties arrive at amutualiy agreed settlement, the Tribunal shall pass an order accordingly.
9. Procedure for implead.ing child.ren or relatiues.- (l ) An applicationby the opposite Party, under the proviso to sub-section (5) of slction b,to implead any other child or relative of the applicant shail be filed onthe first date of hearing as specified in the notice issued under sub-rule(2) of rule 6:
Provided that, no such application shall be entertained. after such frrsthearing, unless the opposite party shows suffrcient cause for frling it ata later stage.
(2) On receipt of an appiication under sub-rule (l), the Tribunal may,if it is primct facie satis{ted, after hearing the parties, about thereasouableness of such application, issue notice to such other child orrelative to show cause why they should not be impleaded as a party, andshall, af[er giving them a reasonable opportunity of being heard., pass anorder regarding their impleadment or other-wise.
(3) In case the Tribunal passes an order of impleadment und.er. sub-rule (2), it shall cause a notice to be issued to such impleaded party inForm-C, in accordance with'rule 6.
13. Action by Tribunal in other coses.{l) In case, -
(i) the applicant(s) and the opposite parties do not agree for
reference of their dispute to a Concfiation OfEcer under rule 10, or
(ii) the Conciliation Officer appointed rnder rule 10 sends a report
under sub-rule (3) of rule 11, conveying his inabilif to arrive at asettlement acceptable to both the parties, or
(iii) no report is received from a Conciliation Officer within the
stipulated time-Iimit of one month, or
(iu) in response to the notice issued under sub'ru]e (1) of rule 12,
either of the parties decline to confirm the settlement worked out by
the Conciliation Officer,
the Tribunal shatl give to both the parties an opportunity of lead.ing
evidence in support of their respective claims, and shall, after holding a
srunmary inquiry as provided in sub-section (/) of section 8, pass such
order as it may deem fit.(2) An order passed under rule 7, I or sub-rule (I) above, shall be a
speaking order, spelling out the facts of the case as ascertained by theTribunal, and the reasons for the order.
(3) While passing an order under sub-rule (/), directing the Opposite
Party to pay maintenance to an applicant, the Tribunal shall take thefollowing into consideration, namely:-
(a) amount needed by the applicant to meet his basic needs, especially
food, clothing, accommodation, and health care;
(b) income of the opposite party;
(c) value of, and actual and potential income from the propert5z, if any,
of the applicant which the opposite party would inherit or is in possession of.
(4) A copy of every order passed, whether frnal or interim, on an
application, shall be given to the applicant (s) and the Opposite Party or
their representatives, in person, or shall be sent to them through aprocess server or by registered post.
L4. M oximum maintenance allow ance.-Th.e maximum maintenanee
allowance which a Tribunal may order the Opposite Party to pay shall,
subject to a maximum of ruj:ees.ten thpusand per month,or be fixed insuch a manner that ir does not exceed the monthly income from ailsources of the Opposite Party, divided by the number of persons in hisfarnily, counting the'applicant or applicants also among the opposite
PROCEDIIRE OF APPELI.ATE TRIBUNAL.L5. Form of appeals .-An appeal under sub-section (I) of section 16
shall be filed before the Appellate Tribunal in From-H, and shall beaccompanied by a copy of the impugned order of the MaintenanceTribunal.
16. Registration and acknowled,gment of appeal.-On receipt of anappeal, the Appellate Tribunal shall register it in a register to bemaintained in Form-I, and shali, after registering such appeal , give anacknowledgment to the appellant, speci$ring the appeal number and thenext date of hearing in Form-J
17. Notice of hearing_to respondent.- (/) on registration of the appealunder rule 16, the Appellate Tribunal shall, cause notice to be servedir^ponthe respondent under its seal and signature in Form-Ii
(2) T\e notice under sub-rule (l), shall be issued through registeredpost with acknowledgment due, or through a process se*er.
(3) fhe provisions of order v of the civil Procedure code, 1g0g, shallapply, mutatis mutand,is, for the purposes of serrrice of notice issued undersub-rule (l).
C}IAPTER tVSCIIEME FOR MANAGEMENT OF OLD AGEHOMES ESTABLISHED IINDER SECTION 19.
18. scheme for Management of old age homes for indigent seniorcitizens.ll) old age homes established under section 19 shall bemaintained in accordance with the following norrns and standards,namely:-
(A) The home shall have physical facilities and shall be run inaccordance with the operational norrns as laid down in the schedule.
(B) Inmates of the home shall be selected in accordance with thefoliowing procedure,-
(a) applications shall be invited at appropriate intervals, but atleast once each year, from indigent seniJr cilizens, as mentioned insection 19 of the Act, desirous of living in the home;
(b) in ease the number of eligible appliczrnts on any occasion ismore than the number of places available in a home for admission,selection of inmates will be made in the following manner,-
(i) the more indigent and needy wiII be given preference overthe less indigent applicants,
(ii) other things being equal, older senior citizens will be givenpreference over the less old,
(lit) other things being equal, female applicants will be givenpreference over male applicants, and
(iu) iliiterate or very infrrm senior citizens may also beadmitted without any formal application if the District Magistrateor other competent authority, designated by him for the purpose,is satisfied that the senior citizen is not in a fosition to make aformal application, but is badly in need of shelter.
(C) Vlhiie considering applications or cases for admission, nodistinction shall be made on the basis of retigion or caste;
(D) The home shall provide separate lodging for men and womeninmates, unless a male and a female inmate are either blood reiationsor a married couple;
(E) Day-to-day affairs of the old age home shall be managed by aManagement committee which shall be constituted in accordance withorders and guiaeunes issued by the state Government from time totime, and that inmates shall be suitably represented on the committee.(2) state Government may issue detaiied guidelines, or orders from
time to time for admission into and management of ord age homes inaccordance with the norrns and standards laid down in sub-rule (1) andthe schedule'
crrAprE* vDUTMS AND POWERS OF TTIE DISTRICT MAGISTBATE.
19. Duties and powers of District Magistrate.{1) The DistrictMagistrate shall perform the duties and exercise the powers mentionedin sub-rules (2) and (3) so as to ensure that the provisions of the Act areproperly carried out in his district.
(2) It sha[ be the duty of the District Magistrate to,-(r) draw a plan in consultation with the Superintendent of Police or
comrnissioner of Police of the concerned district under his jurisdictionand ensure that life and property of senior citizens of the district areprotected and they are able to live with security and dignity;
(il) oversee and monitor the work of Maintenance Tribunals andMaintenance officers of the district with a view to ensuring timely andfair disposal of applications for maintenance, and execution ofrribunals'orders;
(ili) oversee and monitor the working of old age homes in the districtso as to ensure that they conform to the standards Iaid down in these
rules, and any other guidelines and orders of the State Government;
(iu) ensure regular and wide publicity of the provisions of the Act,
and Central and State Governments' programmes for the welfare ofsenior citizens;
(u) encourage and co-ordinate with panchayats, municipalities, NehruYuwa Kendras, educational institutions and especially their NationalService Scheme Units, organizations, specialists, experts, activists, etc.
working in the district so that their resources and efforts are effectivelypooled for the welfare of senior citizens of the district;
(ui) ensure provision of timely assistance andrelief to senior citizens
in the event of natural calamities and other emergencies;
(uii) ensure periodic sensitization of officers of various Departmentsand Local Bodies concerned with welfare of senior citizens, towards theneeds of such citizens, and the duty of the officers towards the latter;
(ulii) review the progress ofinvestigation and trial ofcases relatingto senior citizens in the respective district, except in cities having a
Police Commissioner;
(zr) ensure that adequate number ofprescribed application forms formaintenance are available in offices of common contact for citizens likePanchayats, Post OfEces, Block Development Offices, Tehasil Offrces,
Collectorate, Police Stations, etc.
(r) promote establishment of dedicated Help lines for senior citizensat district headquarters, to begin with; and
(xi) perform such other functions as the State Government may by
order, assign to the District Magistrate in this behalf, from time to time.
(3) With a view to performing the duties mentioned in sub-rule (2), the
District Magistrate shall be competent to issue such directions, not
inconsistent with the Agt, these rules, and general guidelines of the State
Government, as may be necessary, to any concerned Government
statutory agency or body working in the district, and especially to
following, namely:-(a) Officers of the State Government in the Police, Health and
Publicity Departments, and the Department dealing with welfare of
senior citizens;
(b) Maintenance Tribunals and Conciliation Officers;
(c) AII Local self Governing institutions and bodies ;
20. Action plan for tlrc protection of life and property of seniorcitizens.- (1) The District Superintendent of Police, and in the case ofcities having a Police Commissioner, such Police Commissioner shall takeaII necessary steps, subject to such guidelines as the State Governmentmay issue from time to time, for the protection of life and property ofsenior citizens.
(2) Without prejudice to the generality of sub-rule (1).-(i) each poiice station shall maintain an up-to-date list of senior
citizens }iving wiihin its jurisdiction, especially those who are Iivingby themselves (i.e. without there being any member in their householdwho is not a senior citizen);
(ii) arepresentative ofthe police stationtogether, as far as possible,
rvith a social worker or volunteer, shall visit such senior citizens atregular intervals of atleast once a month, and shall, in addition, visitthem as quickly as possible on receipt of a request of assistance frornthem;
(lii) complaints or problems of senior citizens shall be promptlyattended to, by the local Police;
(iu) one or more Volunteers' Committee(s) shall be formed fbr each
Police station which shall ensure regular contact between the seniorcitizens, especially those living by themselves, on the one hand, andthe police and the district administration on the other;
(u) the District Superintendent of Police or, as the case may be, thePolice Commissioner shali cause to be publicised widely in the media
and througir the Police Stations, at regular intervals, the steps being
taken for the protection of life and property of senior eitizens;
(ui) each Police Station shall maintain a separate register containinga1l important particuiars relating to offences committed against seniorcitizens, in such form as the State Government may, by order, specify;
(uii) the register referred to in clause (ui), shall be kept available
for public inspection, and every officer inspecting a Police Station shallinvariably review the status as reflected in the registerl
(uill) the Police Station shail send a monthly report of such crimesto the District Superintendent of Police by the 10th of every month;
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(ir) list of Do's and Don'ts to be followed by senior citizens in the
interest of their safety will be widely publicized;
(r) antecedents of domestic servants and others working for senior
citizens shall be promptly verified, on the request of such citizens;
(ri) community policing for the security of senior citizens will be
undertaken in conjunction with citizens living in the neighbourhood,
(2) The State Council shall consist of the following members, namely :-
(r) Minister of the State Government in charge ofwelfare of senior citizens ;
(ii) Secretaries of Deparhnents of the State Government
dealing with Disabilities, Senior Citizen's Welfare,Health, Home, Pubiicity, Pensions, and othersubjects of concern to the senior citizens ;
(iii) Such number of specialists and activists in thefreld of welfare of senior citizens, as the StateGovernment may determine, to be nominated bythe State Government ;
(iu) Such number of eminent senior citizens, as theState Government may determine, but not less
in number than the ex-officio members in theCouncil, to be nominated by the State Gover:nment ;
(u) Director in charge of Senior Citizen's welfare inthe State ;
Chairman,ex officio
Members,
ex officio
Members
Members
Member-
Secretary
ex officio.
(3) The State Council shall meet at least once in six months.
(4) Tenure of the members of the State Council, other than theex officio members, rules of the procedure of the Council and otherancillary matters shali be such as the State Government may, by order,specifr.
22. District Co-ordination-cum-monitoring Committee of SeniorCitizens.-
(I) The State Government may, by order, establish a District Comrnitteeof Senior Citizens for each District to advise in effective and coordinatedimplernentation of the Act at district level, and to perform such otherfunctions in relation to senior citizens at the district level, as the State
Government may, specify.
(2) The District Committee shall meet once every quarter.
(3) Composition of the District Committee, tenure of members (other
than er officio Members), rules of procedure and other ancillary mattersshali be such as the State Government may, by order specify.
I
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Schedule
(See Rule 18)
Norms of physical facilities and operational standards for and old age
home for idigent senior citizens established u/s 19 of the Act
1. Physioal Facilities
7. Land.-Tlt,;e land for the old age home should be adequate to comply
with the Floor-Area Ratio(FAR) as prescribed by the relevant urban body/
state Government. In the case of semi-urban/rural areas, the state
Government shall provide adequate land for setting up of and old age home
of requisite capacity such that there is adequate land for recreation,
gardening, firrther expansion, etc.
2. Liuing Space.-The old age home shall, as far as possible, have
minimum area per inmate as per the following norms:-
(i) area of bedroom/dormitory 7.5 sq. meters per inmate'
(ii) Iiving area or carpet area per inmate i.e. including (i) above plus
ancillary areas like kitchen, dirilng hall, recreation room, medical
room, etc. but excluding verandahs, corridors, etc'
3. Facitities.{l) The old age home sha.ll have the followiag facilities:-
(i ) re sidential area comprising room s/dormitories-separately for men
and womerr ;
(il) adequate water for &'inking and ancillary purpose ;
(iii) electricity, fans and heating arrangement for inmates (as
necesssar5r) ;
(iu) kitihen-cum-store and office ;
(u) dinins haJI ;
(ui) adequate number of toilets and baths, ingluding toilets suitable
for disabled persous ;
(uii) recreation facilities, television, newspaper and adequate
collection of'books ; and
(urii) first aid, sick bay, and primary healthcare facilities.
(2) The oid age home should be barrier-free with provision of ramps
Maintenance and Welfare of Parents & Senior Citizen's A&,2A07
lSection 5 (3) of the actl
Ref. No.Date :
Shri / Smt. (Respondent)
Address
Sub.- Notice for hearing Maintenance applicationNo. _/year_
The Senior Citizens Maintenance Tribunal at _ herebygives shorn' cause notice as to the why the Applicant shouldnot be granted a maintenance of Rs._per month,/ and why youshould not be impleaoed as party in it. copy of the application formaintenance is attached herewith. You are directed to appear in personon date at_a.m./p.m. before the tribunal with areply in writing to this sho'w cause. In case you do not appear- on thespecified date for the hearing the tribunal shalt proceed to take expartedecision.
Presiding Officer,
Senior Citizen s Maintenance Tribunal
copy to-Shri / Srnt. (applicant), Address ;
You are requested to remain present for the above mentionect hearingon the specified date before the tribunal. In case of failure to remainpresent on the specified date for hearing exparte decesion rvill be takenby the tribunal.
Reference to conciliation officerMaintenance and werfare of parents and senior citizens Rule, 2010
[see rule 10(2)]
Ref. No.
Date :
The Conciliation Officer,(address)
Siz6.- Maintenance Appiication
To
No._.---_of__
The applicant and respondent of the above referred Maintenanceapplication desire to workout a settlernent through conciliation officer.You are requested to worhout a settrement acceptable to both the partiesand send it to the tribunal rvithin one month f.om the
""""ipt ortnis letter.
The application alongwith repffies to the show ceruse Notice crt.is attached herewith for your liincl reference.
Maintenance And Welfare Of Senior Citizen,s Rule 2010
see Rule 12(L)
Maintenance Application No._of_
Applicant:- Shri./Smt.
Opposite party:-Shri./Smt.
Subject:- Confirmation of Settlement Notice
Agreement dated
with reference to i;he Maintenance Appiication No._ Memmorand.um' of settlement in form -E was signed by both the parties before ConciliationOffrcer on date_ thus agreeing to
pay the applicant Rs. /- as maintenance allorvance per month.youare requested to rernain present in person before the MaintenanceTribunal on-at-am./pm. to confirm the said Settlementagreement.
Form of AppealThe Maintenance And \verfare of parents Ancl senior
Citizen's Act,2007
lunder Section 16 sub_section(]) of the actlI, The Appellate Tribunal For pare,ts Ancl senior citizen,s
AT
APPEAL No._- OF
Name of the appellant :
Age: Sex: Nationality:
Full Address and Tel. No./IVlobile No :
occupation/Profession last held by appellant r,vith salary earnecr:Full Name and Address of Respondent;
Appeal against Tribunal order dated
Relationship wiih appellant:
Occupation of Respondent:
Projected/Estimated income of the Respondent:
Number of DependantS relying on the incorne of the appellant:Details of All Children of applicant:Details of Spouse:
Deceased,/Separated,/Residing with apilicantMedical aliments (if Any):
Details of Property Olvneci:
Total Gross Income form the property Orvned : Rs._-Whether abandoned or not (lvith Details):
whether any Property was transferred: yes /I{o . If yes, Details of thesan1e
DECLARATIoN: I do hereby, srate on solemn affirmation that I amunable to support myselfout of my own income. savings and assets andtherefo'e had applied for mainie,ance and ,,rppJ.t to the above
ment;oned Tribunal uide application No dated-who passed an order dated aa,thp seid nrda,. ^f ;1.^ rn--'L---^r r, ,r - - ''^esreived by
:1' j* "',': ::,"j"1,,-1 1i-.!i".,,*,,*. l;;' on, state d r e r o oi: ffi II; dlfl.":r.L:*
against the said order subject to the conditions ;;;r'";;here under:
IN THE
SIGNATURE OF APPELLANT.
I anr' not receiving any n:.air:.tenance from any other source/sources.I state that there are no.proceed.ings before this Tribu'ar in respectof this appea], nor any. case is pending"before any magistrate und.er sec.725 of the Code of Criminal procedu"re, 1g78.
,rl i}fatnat the above information is true to the best of mv knowrecrge
MAIN?ENANCE AND WELFARE OF PARENT'S ANDSENIOR CIT.IZEN'S RULE, 2O1O
see rulel7(f) & Section 16 (2) of, the Act
Ref. No. :
shri / smt. (Respondent) Date :
Address, Phone No./lVlobile No.
5z6._ Notice for hearing AppealApplication No. /year.
(presiding Officer),Parent's and Senior Citizen,s Appellate Tribunal.
Copy to:-
Shli / Smt. (Appellant), Address ;
You are requested to remain present for the abovernentio,ed hearingon the specified date before the Apperate Tribunar. rn case of failure toremain present on the specified date for ttaken by the Tribunal.
t9anng exparte decision will be
The Appellate Tribunal atcause notice as to ; *i;* iid:il"1Til}l:gtanted maintenance as per order of the T'ibuna-l dated--copy-of the appear apprication for maintenance is attached herewith. youare directed to appear in person on date eip'm. befbre the Tribunal with a repry in -.r*" ," ,* .*;;"1Tr1case you do not appear on the specified date for the hearing the Tribunalshali proceed to taj<e exparte decision.
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