Document — The Maintenance and Welfare of Parents and Senior Citizens Act, 2007

HARYANA GOVT. GAZ. (EXTRA.), JUNE 19, 2009 383 (JYST. 29, 1931 SAKA) |Authorised English Translation) HARYANA GOVERNMENT SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT o Notification The 19th June, 2009 No.S.0.54/C.A. 56/2007/5.32/2009.—In exercise of the powers conferred by sub-Section (1) read with sub-Section (2) of Section 32 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Central Act 56 of 2007), the Governor of Haryana hereby makes the following rules, regulating the maintenance ..and welfare of parents and seriior citizens namely :— - CHAPTER 1 "t Preliminary 1. (1) These rules may be called the Haryana, Maintenance of Parents and Senior Citizens Rules, 2009. (2) They shall come into force on the date of their noﬁﬁcaﬁdn in the Official Gazette. 2. (1) In‘these rules, unless the context otherwise requires,— (a) “Act” means the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007); (b) “Application” means an application made to a Tribunal under Section 5; (¢) “Blood relations” in the zontext of a male and a female inmate, mean father-daughter, mother-son and brother-sister (not cousins); (d) “Conciliation Officer” means any person or representative of an organization referred to in explanation to sub-Section (1) of Section 5 or the Maintenance Officer designated by the State Government under sub-Section (1) of Section 18 or any other person nominated by the Tribunal for this purpose; (¢) “District Magistrate and Collector” includes Additional District Magistrate of the District; (f) “Form” means a form appended to these rules; (g) “Inmate” in relation to ‘an old age home, means a senior citizen duly admitted to reside in such a home; (h) f’Maimcnancc Officer” means District Social Welfare Officer of the District or any other officer equivalent to District Social Welfare Officer designated by the State Government; Short title and commencement. Definitions. TRA.), JUNE 19, 2009 VT. GAZ. (EX HARYANA g?sr, 20, 1931 SAKA) arty” means the party against wh Aty o enance has been filed under ScCli': a ng, 384 wopposite P ’ uppfl)i[;mion for mainten: b ‘ nization” means an association registered @ SO:i%:":ieq Registration Act 1860 (21 of 1860) or 5 0 s Jaw for time being in force; . .o means an officer appointed wpeaciding Officer’” means an o ppo & ®) Presiding tenance Tribunal referred 1o Main :::—rse:tion (2) of Section 7 or an Appellate Tribung) undey sub-Section(2) of Section 15; »'means a Schedule appended to these s (i nder ‘he 1Y Othe, Presig, Unde; () “Schedule (m) “Section” means a Section of the Act; (@) “State Government” means the Government of the State of Haryana. “Sub-Divisional Magistrate” includes Additional Sup- o . . . 2 Divisional Magistrate of the Sub-Division; (2) Words and expressions used in these rules but not defined shall have the same meanings respectively assigned to them in the Act. CHAPTER I Procedure for Maintenance Tribunal and Conciliation Officers Constitution of 3. (1) Each Tribunal shall consist of three (3) members, one of them shall ;”:":r‘:a““ be official member hot below thé rank of Sub-Divisional Magistrate who shall be the Chairperson. The two non official members shall be nominated by the Deputy Commissioner and shall be approved and notified by the State Government from amongst the following :— 3 o5 Section 7. 0] one person from the reputed non governmental organization, registered under the Societies Registration Act, 1860 (21 of 1860) in the District working for the welfare of senior citizens; and (if) one person who is a social worker of repute, who has been directly engaged in welfaré of senior citizens; or areputed advocate from the district, who has worked in e social welfare sector. (2) Th ) ) The tenure of non-official members of the Tribunal shall be thre® (3) A non official membe appointment for 3 r of the Tribunal shall be eligible for aXimum of (wo terms, @) A non- month’ g official . i mth's notice in wriy; member may resign at any time by giving o™ ng. HARYANA GOVT. GAZ. (EXTRA.), JUNE 19, 2009 38 (JYST. 29, 1931 SAKA) ’ (5) The members of the Tribunal shall be paid such travelling or meeting allowance or honorarium or remuncration as the State Government miy decide from time to time, but this remuncration shall not be less than Rs. 500/- per sitting. : 4. (1) The Tribunal shall hold its meeting at the place/time fixed by the Chairperson. (2) Office of the Tribunal shall Be the office of its Cchairperson. (3) Any decision taken by Chairperson, in an emergent situatian, when the Tribunal is not sitting, shall require ratification by the Tribunal in £s next sitting. ) : (4) The Tribunal shall take into account the age, physical and mental health background, economic status of the applicant and the children or relatire from whom the relief is sought before making an order under the Act. ) (5) Incasc of difference of opinion amongst the members, the majorty decision shall prevail. . : - 5. (1) Every Tribunal shall prepare a panel of persons suitable for appointment as Conciliation Officer under sub-Section (6) of Section 6, whith shall include the Maintenance Officers designated under Section 18. - - (2) Persons referred to under sub-Rule (1), other than Maintenan: e - Officers designated under Section 18, shall be chosen subject to fulfilling tie following conditions, namely:- L (2) he should be associated with an organisation whichis working for the welfare of senior citizens and/or wealer sections, or in the area of education, health, poverty- alleviation, women’s empowerment, social welfare, ruml development or related fields, for at least two years with 1n unblemished record of service; . (b) heshouldbea senior office-bearer of the organisation; ard (¢) he should possess good knowledge of law: Provided that a person who is ‘not associated with 1n organisation of the kind mentioned above, may alsobe includ:d in the panel mentioned in sub-Rule (1) subject to fqlﬁlling the following conditions, namely: — ) (i) hemusthavea good and unblemished record of pub? c service in one or more of the areas mentioned in clause (a); and (i) he should posscss good knowledge of law. (3) The Tribunal shall publish the panel mentioned in sub-Rule(1) for general information at least twice every year on lslA January and st Juy respectively, and every time any change is effected therein. Procedure ctc. in relation to Tribunal. Section 7. Panel for appointment as Concilation Officers. Section 5(1), 6(6) and 18(1). procedure for filing an applica(i(\n for maintenance and its registration. Section 4 and 5. Preliminary scrutiny of application. Section 4 and 5. Notice 10 the opposite pany. Section. 4, GOVT. GAZ. (EXTRA.), JUNE 19, 2009 HARYAR (JYST. 29, 1931 SAKA) 386 @ panel will be valid for two years. Congciliation Officer will be paid an honf)rarium per cage by him, as may be fixed by the State Government from time to time, by nm"!'w y him, a8 . than Rs.1000/- per case. | 6 (i) An application for maintenance under Section 4 shall be m, to which acourt fee stamp of rupecs five shall be affixed in the many, de Form A, nd (b) of sub-Section (1) of Section 5. erlig down in clauses (a)a ) On receipt © shall cause — ) So(@) its essential details to be entered in a Register of Maintenanc Claim Cases, to be maintained in such form as the St Government may direct; and £ an application under sub-Rule (1), the Presiding Offic, ) its acknowledgementin Form B to be given, notwithstanding anything contained in Rule 7 to the applicant or his authorised represemative in case of hand delivery, and its despatch by . post in other cases and the acknowledgement shall specify, inter- alia, the Tegistration number of the application. (3) Where a Tribunal takes cognizancc of a maintenance claim, suo " motu, the Presiding Officer shall, aftter ascertaining facts, get Form A completedas accurately as possible, through the staff of the Tribunal, and shall. as far as possible, get it authenticated by the concerned senior citizen or parent, or any person 0f organisation authorised by him and shall cause the same to be registered in accordance with clause (a) of sub-Rule (2) above. 7. (1) Onreceipt of an application under sub-Section (1) of Section 5, the " Tribunal shall satisfy itself that— (a) the application is complete; and (b) the opposite party has, prima facie, an obligation 0 maint? the applicant in terms of Section 4. i diracl(ngé :n cla‘xse where the Tribunal finds any lacunae in the applicatio™ it pplicant to rectify such lacunae within a reasonable ime Limit 8. i sub-rulc(l)(oz ruin;e, the Tribunal is satisfied on the points M¢ application for main it shall cause to be issued to each person against WP 10 show cause wh t:‘lcnan“:e ‘}aS been filed, a notice in Form C directing | ; he » application andyits zn:::?gl:fmmf‘ should not be granted, along with copy " res, in the following manner : — ationed ! n 2 . s0 (@) by hand delivery (Dasti) through the applicant if he desire: v s, else through a process server; of ®) b i : Y registered post with acknowledgement due- HARYANA GOVT. GAZ. (EXTRA.), JUNE 19, 2009 387 (JYST. 29, 1931 SAKA) (2) The notice shall require the opposite party to appear in person, on the date to be specified in the notice and to show cause, in writing, as to why the application should not be granted and shall also inform that, in case he fails to respond to it, the Tribunal shall proceed ex-parte. (3) Simultaneously with the issue of notice under sub-rules (1) and (2), the applicant (s) shall also be informed of the date mentioned in sub-Rule (2), by a notice issued in Form D. ) i : . . (4). The provisions of Order V of the Code of Civil Procedure, 1908, shall apply, mutatis mutandis, for the purpose of service of notice under sub-rules (2) and (3). ' T : : 1 9. Incase, d'espite _s'¢:1j\_rice of notice, the opposite party fails to'show cause Procedure in case in response to a notice, the Tribunal shall proceed ex parte, by taking evidence of of non- the applicant and making such other inquiry as it dégms fit, and:shall pass an order’ appearance by disposing of o ) i o the opposite posing o the application. . IREEER party. Section 4. -10.. In case, on the date fixed in the notice issued under Rule 8, the opposite Procedure in case party appears.and accepts his liability to maintain*the ‘Gpplicant,"and the two of admission of parties arrive at.a mutually agreed setilement;’the Tribunal shallpass an order CIQ(;";'zs;C“"" 4 accordingly. i R A RS 11. (1) An application by the opposite party, under the proviso to procedure for sub-Section.(5) of Section 5 to implead any other child or relative of the applicant impleading shall be filed on the first date of hearing as specified in the notice-issued under children or ¥ ] : relatives. sub-Rule (2) of Rule 8: Section 5. Provided that no such application shall be entertained after such first hearing, unless the opposite party shows sufficient cause for filing it at a later stage. L (2) Onreceiptofan application under. sub-Rule (1), the Tribunal shall,” if it is prima facie satisfied, after hearing the parties, about the reasonableness of such application, issue notice to such other child or relative to show cause why . .they should not be impleaded as ‘a party,and shall after giving them an opportunity:*.- of being heard, pass an order regarding their impleadment or otherwise. (3) In case the Tribunal passes an order of impleéadment under sub-Rule (2), it shall cause a notice to be issued to such impleaded party in Form C : : in accordance with Rule 8. d 12. (1) In case, on the date fixed in the notice issued under Rule 8, the Reference to opposite party appears and shows cause against the maintenance claim, the Tribunal g?g:‘:lr- Ms‘cocr:ian . shall seek the opinion of both the parties as to whether they v{ouh.i l.lke the matter (o, o i to be referred to a Conciliation Officer and if they express their willingness in this behalf, the Tribunal shallask them whether they would like the matter to be referred to a person included in the panel prepared under Rule 5 or to any other person acceptable to both parties. Proceedings by Conciliation Officer Section 5, 6 & 18. Action by the Tribunal in case of settlement before a Conciliation Officer, Section 5,6 and 18. Action by the Tribunal in other cases. Section 8, 1. GAZ. (EXTRA.), JUNE 19, 200, WV . 931 SAKA) s ANA HARYARR [yr. 29, 1 388 agree on any person, whether ing, (] . b herwisc, the Tribunal shall appoint suct, pcr‘(c( ing, 50 and shall refer the matter to him, threy »:a,‘ b 5 fiation Officer to try and work gy , \;““en,l E, requesting a period not exceeding one month 2) 1f both the purvlic.s' e, rr“ ery m he ¢, in Form E shall be accompanied with g, rty thereto. el reference " - n;]ies of the opposite pa i, 13. (1) Upon recciptof areference under Rule (1 Z)thhc Conciliatioy O shall hold meetings with the two pam.cs as necessary, and shall try to o settlement acceptable 10 both the parties, date of receipt of the reference. (2) If the Conciliation Officer succeeds in working out a settlen, e to both the parties, he shall draw up a memorandum of settlemer i, oth parties, and forward it with a report in Form G, zog,. Form F, get it signed by b ¢ : with all records of the case received from the Tribunal, back to the Tribunal wit, a period of one month from the receipt of the reference. (3) If the Conciliation Officer is unable to arrive at a settlement within one month of receipt of a reference under Rule (12), he shall return the papess received from the Tribunal along with a reportin the Form H, showing efforts made 10 bring about a settlement and the points of difference between the two partes which could not be reconciled. application and re e . o within a period of one month ffonﬂgi M the acceptabl 14. (1) In case, the Tribunal receives a report from the Conciliation Officer und'cr sub-Rule (2) of Rule 13, along with a memorandum of settlement, it shall give natice to both parties to appear before it on a date to be specified in the notice. and confirm the settlement. @ In case on the date specified in the notice as above, the pute appear before the Tribunal and confirm the settlement arrived at before e Conciliati " : Ly Senlemcnl:_m Officer, the Tribunal shall pass a final order as agreed in 3¢ 2 15. (1) Incase — " N : agree (@) the applicant(s) and the opposite parties do 1! g reference of their dispute to a Conciliation officer Rule 12 ; or : . fo dj-‘ (@ii) the Conciliatizon Officer appointed under wle -lzbsicl?‘y v Teport under sub-Rule (3) of Rule 13, conveying "?:5. d work out a settlement acceptable to both the P e e v ! i 'n lhc (it ::’ Teport is received from a Conciliation Office” with ipulated time-limit of one month; or HARYANA GOVT. GAZ. (EXTRA.), JUNE 19, 2009 389 (JYST. 29, 1931 SAKA) (iv) in response to the notice issued under sub-Rule (1) of Rule 14, one or both the parties decline to confirm the settlement worked out by the Conciliation Officer, the Tribunal shall give to both the parties an opportunity of leading cvideree in support of their respective claims, and shall, after a summary inquiry as protided in sub Section (1) of Section 8, pass such order as it dcems fit. The Tribunalmmay take evidence by way of an affidavit. : '(2) In case a regular enquiry is required, the Tribunal may give wqual opportunitics to both the parties for leading evidence in support of their clhims. All such evidence in such proceedings shall be taken in the presence of the chidren or relative/relatives against whom'an order for payment of maintenance is requested for and the proceedings shall be recorded in the same manner as may be sped fied for summons cases. The Tribunal may take evidence by way of an affidavit. (3) An or_der passed un_der Rule 9,,nilc 10 or under sub-Rule (1) ove shall be a speaking one, spelling out the facts of the case as ascertainéd by the - Tribunal, and the reasons for the order. (4) While passing an order under sub-Rule (1), directing the opposite party to pay maintenance to an applicant, the Tribunal shall take the following into consideration: . ~ (a) amount needed by the applicant to meet his basic reeds, especially food, clothing, accommodation and healticare; (b) income of the opposite partys value of, and actual and potential income from the projerty, if any, of the applicant which the opposite party vould inherit and/or is in possession of; and © (d) Tﬁbunél, if required, at any stage may ask the Maintesance Officer or any official to evaluate and verify the incone by ction/visit. way of support inspe ’ (5) A copy of every order passed, whether final or interim, ¢n an icati i to the @ licant(s) and the opposite party of their ApR Saton. R e ! o them through 2 process server oT by representatives, in person, of shall be sent t registered post. 16. The maximum maintenance allowance which a Tribunal n;uy order the opposite party 1o pay shall, subject t0 2 maximum of ten lhOUSi\n‘ rupcc;F “;:‘: month, be fixed in such a manner that it does not exceed the monthly !ncl?r::lm“ all sources of the opposite party: divided by the number of Pesrii:"s a‘rI:yls ﬁm“;' counting the applicant of ﬂpplicanls also among the oppo: p members. Maximum maintenance allowance. Section 9. GOVT. GAZ. (EXTRA.), JUNE A 19 390 HARYAN (JYST. 29, 1931 SAKA) » 2000 CHAPTERIIT procedure of Appellate Tribuna] i shi ist of three llate Tribunal shall consist o Members 17. The Appel . . - The Constitution of + ol shall be presided over by the glsll’lc( Magistrate of the Dmﬁqffpen-‘,_. A Tf?blgas may be nominated by the S(;;c ?(i;nl;nem not below the tank of O oy, Tribunal- offic e il members shall be nominated f i sm.uan 15. Magistrate. The non officia TOm the f"”()w,':; category \— ? (i) a social worker or representative from Non-Goye, i -Or-ganization working for the welfare of senjqy i liun:,nma] S: an, i) “an advocate who has worked in the field of socig; it . L gl . . o - : o der sub-Section (1) of Section 16 shall be fileq Form of appeal. 18. . An appeal under, k ; before s«r:lo: 16. Appellate Tribunal in Form I', ,fm,d shall be ac?‘compamed by a copy of the i order of the Maintenance Tribunal. Registration and 19. ‘On receipt of an appeal, the Appellate Tribunal shall registe it acknowledgement reoicter to be maintained for the purpose in such form as the State Goverpyey g:g:’ll'ﬁ'_ may direct, and shall, after registering such appeal,-give an acknowledgemen, the appellant, specifying.the. appeal number f“.‘d, ‘_h‘? next dg]te of hearing, in FRomi: oomr b Uit D ieeds w0 Arn L e e s Notice of 20. (1) On receipt of an appeal, the Appellate Tribunal shall; afer hearing to registering, the case and assi, gi_ng an app;al number, cause notice to be served 'S‘:;f’:ndi'g' upon the respondent under its seal and signature in Form K. (2) The notice under sub-Rule (1) shail beissued through registered post with acknowledgement due, or through a‘process server. (3) The provisions of Order V of the Civil Procedure Code shall apply mutatis mutandis for the purposes of service of notice issued under sub-Rule (1) CHAPTER IV Scheme for management of old age homes established under Section 19 0ld age home. : Section 19, : 2L All old age homes in the State being run by the State Govemmf:;f" b: lrf‘O“‘GOVemmentzil Organizations with the help of any Government grant i o 1;!?'6 to accommodate such senior citizens who seek help under the Ad b:h;\’ s Lribunal if 50 ordered by the Tribunal. The facilities shall be provided ©T0 inm:[r cltizens on the same terms. and conditions as are applicable 1 ’hem e aPPli::n:: these homes. All the Tribunals shall have the authority 1© Sehy 2 10 these homes keeping in view their economic Status: - n it cheme f - rul matazemen: of morda:c'e(\i,)» hO Id age homes established under Section 19 shall ™ ‘r’“ age homes ith the following norms and standards :— it ot indj 5 un semon chistns, ® Ichc :‘;’m‘ shall have physical facilities and sh“u bsccr:cd"“' ccti ol i ; . inthe e rdance with the operational norms as laid dow? . lowi" B) Inmates 1 the o P\'Occzfl(r):;m_c home shall be sclected in accordance with HARYANA GOVT. GAZ. (EXTRA.), JUNE 19, 2009 391 (JYST. 29, 1931 SAKA) (a) applications shall be invited at appropriatc intervals, but at least once each year, from indigent senior citizens, as defined in Section 19 of the Act, desirous of living in the home; (b) in case the number of cligible applicants on any occasion is more than the number of places available in a home for admission, selection of inmates will be made in the following manmner:— (i) the moreindigent and needy will be given preference over the less indigent applicants; (i) other things being equal, older senior citizens will be given preference over the less old; (iii) other things being equal, female applicants will be given preference over male applicants; (iv) illiterate and/or very infirm senior citizens may also be admitted without any formal application if the District Magistrate or other competent authority, designated by him for the purpose, is satisfied that the senior citizen is notina position tomake a formal application, but is badly in need of shelter. (C) While considering applications or cases for admission, no distinction shall be made on the basis of religion or caste. ©) Thehome shall provide separate Jodging for men and women inmates, unless a male and a female inmate aré either blood relations or 2 married couple. E) Day-to-day affairs of the old age home shall be managed by a Management Committee which shall be constituted in accordance with orders and guidelines issued by the State Government from time to time, such that inmates ar¢ also suitably represented on the Committee. (2) State Government may issue detailed guidelines/orders from time to time for admission into and management of old age homes in accordance with the norms and standards as laid down in sub-Rule (1). CHAPTERV Dutics and powers of the District Magistrate duties and exercise the Duties and power istri i rform the 23. (1) The District Magistrate shall pel ex ad | A les (2) and (3) so as to ensure that the provisions of the :Ll;ies:zlusct."“ phis district Section 19 and 2 duty of the District Magistrate to - life and property of senior citizens of the ldis(rict ed and they are able to live with security and powers mentioned in sub-ru Act are properly carried out i (2) It shall be the (i) ensure that are protect dignitys |(EXTRA.), JUNE 19, 2009 vT. GAZ 31 SAKA) A GO JysT 29, 19 .o the work of Maintenance Trj, nce Officers of the district with 5 vieunals Wt and fair disposal of applicai of Tribunals’ orders: 1005 fo, 392 imely and execution tor the working of old age homes i, sure that they conform to the stan dalhc and any other guidelines and Drdf;s S oversee and moni to en hese rules, ernment; nd wide publicity of the provisions of the . (iv) ensure regular i . Act, and Central and State Government's programmes for the welfare of senior citizens; oordinate with panchayats, municipalities, dras, educational institutions and CSPeCiall): ce Scheme Units, organizations vists, etc. working in the district s fforts are effectively pooled for the f the district; (iii) district so a8 Jaid down in t of the State Gov (v) encourage andc Nehru Yuwa Ken their National Servi specialists, experts, acti that their resources and e welfare of senior citizens O ly assistance and relief to senior (vi) ensure provision of time f natural calamities and other citizens in the event O emergences; ensure periodic sensitization of officers of various departments and Jocal bodies concerned with welfare of senior citizens, towards the needs of such citizens, and the duty of the officers towards the latter; (viii) review the progress of investigation and trial of cases ;elafmg to s?nior citizens in the district, except in cities aving a police commissioner; (ix) en: ’ : fO: ‘;::: t adequate nurmber of prescribed application forms for citi EANCE A available in offices of common contact :Dévelolllz:eni élfl;‘e Panchayats, Post Offices, Block n ices, 1 O : . Stations, etc.; Tahsil Offices, Collectorate, Police (x) prom 3 cgizm(;':‘e;fﬂb!lshmem of dedicated Helplines for seni¢" istrict headquarters, to begin with; and ment may: (xi) perfc perform such other functions as the State Govern ! 3 bchah‘v by order, asi » assign . = N . from time to u?ne‘o the District Magistrate in thi (3) Withavj Distri e IR View, lo i Wit:‘l‘:c “ﬁif’f;“‘“ shall be c:;;’f:::":ng the duties mentioned in sub- + these rules, and nl o issuc such directions, not inc® general guidelines of the State Governmentt 25 ™ Rule (2). ¢ nsistent & HARYANA GOVT. GAZ, (EXTRA.), JUNE 19, 2009 (JYST. 29, 193] SAKA) » be necessary, to any concerned government or statutory : i in the district, and especially to the following: S e ek . (@) 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; (©) panchayats and municipalities; and (d) educational institutions. (4) In order to implement the provisions of the Act, District Magistrate or an officer designated by the District Magistrate not below the rank of. Sub- Divisional Magistrate, shall have the power to refer the case of a senior citizen who may be considered “indigent” under the provisions of Section 19, to the Tribunal. (5) In case of a danger to life or property of a seior citizen, it shall be the duty of the District Magistrate or an officer subordinate to him duly authorized to protect the life and property of such senior citizen. (6) In case a senior citizen requires protection or is destitute it shall be the duty of the District Magistrate or the officer subordinate to him duly authorized to provide shelter in an old age home being run by the State Government or Non Governmental Organization. (7)" The District Magistrate or an officer subordinate to him shall also make suitable arrangements for medical care for abandoned -and indigent senior citizen in case of emergency. ’ (8) A senior citizen shall be considered “indigent” under Section 19 if his monthly income is less than Rs. 1500/-. CHAPTER VI Protection of life and property of senior citizens 24. An action plan under Section 22 (2) shall be notified by the State Action plan for Government within a period of six months from the date of publication of these ;?rcc l;:’;t;::;r: :; rules in the Official Gazette and may be revised from time to time. e ot citizens. Section CHAPTERVII . - e 22. STATE COUNCIL AND DISTRICT COMMITTEES OF SENIOR CITIZENS 25.(1) The Statc Government may, by order, establish a State Council of :‘"‘-‘o,c?:'fgﬁilnff ) ivei i the e Senior Citizens to advise the State Government on effective nm;?l-emenlanohn osfme 20 Act and to perform such other functions in relation to senior citizens as the Government may specify. T. G ,.(EXTRA.).JUNE 19, 2009 A GOVT. GAZ 394 HARYANA (Scr. 29, 1931 SAKA) all consist of the following member S, ) The State Council sh namely =— ‘ (i) Ministet social Welfare : Chairman, ex-officio (ii) Secretaries Of Departments of Socizq ;. Members, ex-officiq Justice and Empowerment, Sec.retarlesr Health, Home, Publicity, Public Relations, Director General of Police and Legal Remembrancer and other subjects of concern to the senior citizens (iii) Three spccialiéts and activists in the : Members field of welfare of senior citizens, t0 ' be nominated by the State Government - (iv) Three of eminent senior citizens t0 be :. Members nominated by the State Government . (v) Director incharge of Senior Citizen’s : Member-Secretary. Welfare in the State - ex-officio (3) The State Council shall meet at least once in six mor;ths. 4 . members, r(ul)es'l;?:,‘;:;:;l: g‘fi‘;l:érs of ghe State Council, other than ex—officio aperiod of two years. ouncil and other ancillary matters shall befor District 26.(1)Th . ‘ Committee of L e State Government . : . A Sentor Citinrps, 0L Senior citizens for each distri::a[y +by.order, establish a District Comm! Section 322), mPlementation of the Act at the distri o advise in effective and coordinated ictlevel, and to perform such other functions in relation to senior citi : nior ¢ iy specify. itizens at the district level, as the State Government may t b rict Committee shall meet once every quarter. &) ) Composit; than ex-offic: position o s ex-offici f the District Committee,, tenure of members 0 memb such as the § ers), rules of proc s the Sta of proc te Governmen o Pby‘-:(:jurc and other ancillary matters sha » by order, specify. (other HARYANA GOVT. GAZ. (EXTRA.), JUNE 19, 2009 395 (JYST. 29, 1931 SAKA) FORM A [ See Rule 6(1) and(3) ] Application for maintenance under Section 5 (1) (a) and (h) of the Act Sub- Division 1. Name of the applicant : 2. Name of Father/ Husband : 3. Complete Postal address : ~ Village 2T B T— iy Police Station . Post Office .... Name of Children/Relative from whom maintenance claimed : . Present Address of Children / Relatives : S Village ... Ward No, Police Station Post Office District....... 6. Permanent Address of Children / Relative: 7. Yearly income of the Children/Relative from all sources: * 8. Details of order against which the present appeal is being filed: 9. Grounds of Appeal : 10. Relief, prayed for : 11. Interim prayer, if any : Applicant Verification Idohereby verify that the statements made above by me are true to the best of my knowledge and belicf and in verification thereof I put my signature hereunder: Signature of the applicant. NE 19, 2009 [ See Rule 6(2) (b)) Acknowlcdgment Received from SIUSHI/MS . coscarieaseasercoeese? on/D . four copies of the application preferred under the Maintenance an sub-Section (1) of Section 5 0 hich has been registered and assigned the and Senior Citizens Act, 2007 W APPHCAtion NO...ccuussrrrmsessesesininss OFovveeveressssssassnsconsss Signature with Seal HARYANA GOVT. GAZ. (EXTRA.), JUNE 19, 2009 397 (JYST. 29, 1931 SAKA) FORM C [ See Rule 8(1)) . Before the Presiding Officer, Maintenance Tribunal Application NO. .....c.emmmrrcvmmmmmsernreeinee of Versus SHISTDL. .ottt aesiaes .............................. Respondent NOTICE OF CAUSE Whereas an application for maintenance under Section 5(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, has been filed wherein you have been joined as respondent and of which a copy is enclosed, has been presented before this Tribunal. You are hereby informed that the said application has been fixed for hearing ) SRR AMon ... and that if you wish to state anything in reply to the application,; you may appear before this Tribunal on that date, and file your written statement 3 (Three) days before that day cither in person or through any Advocate duly instructed in this behalf. Take notice that in defauit of your appearance on the date aforementicned, the case shall be heard and decided in your absence. Given under my hand and the seal of the Tribunal this .......c..coeesiiieieness day OF vvveiinenrry ecsssssee . ) BY ORDER OF THE MAINTENANCE TRIBUNAL, Signature with seal AZ. (EXTRA.), JUNE 19,2009 G HARYANA GOVT o SAKA) (YST. 29. 1 398 FORM D [ See Rule 831 Maintenance Tribunal Before the Presiding Officer, , 1 Application NO. coovrrreresseaenns To R 1WA 1| AU ........................................ Applicant SBUSINL. .oorevereesissisrssmesssssrssessemsssasrassnssesses <veeennnen.. RESpONdent NOTICE Whereas an Application has been filed by you under Section 5(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before this Tribunal; And whereas now this Tribunal has fixed your application for hearing at ................. AM.ON.cocirrerrennns E And whereas now if you wish to urge anything in support of your plea Fakm in your application, you may appear before this Tribunal on that date either in person or through any Advocate duly instructed; Now, take notice that in default of ' . i your appearance on the date aforementioned, the case shall be heard and decided in your absence. Given under my. hand and the seal of the Tribunal this BY ORDER OF THE MAINTENANCE TRIBUNAL, oo Signature_wilh seal HARYANA GOVT. GAZ. (EXTRA.), JUNE 19, 2009 399 (JYST. 29, 1931 SAKA) FORM E [ See Rule 12(3) ] Before the Presiding Officer, Maintenance Tribunal Application NO. ...cv.cuverrnmrieeeiOfcornrrrsensssrirncerinees To Subject : APPHCAtION NO. covvvverrvessessanses (sosnasssssssmssarnsasisss VETSUS ceveerenee L) Whereas an Application has been filed by the applicant under Section 5(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, before the Tribunal; And whereas the subject cited Application was fixed for hearing on......... And whereas in response to the notice given in Form C to the opposite party. the opposite party appeared and showed cause against the maintenance claim; And whereas the Tribunal has sought the opinion of both the parties as to whether they would like the matter to be referred to a Conciliation Officer; And whereas now both the parties have expressed their yvil]ingness in this behalf and upon the asking of the Tribunal whether the parties would like the matter to bereferred toa person included in Fhe Panel prepared un.der Rule 5, or to any other person acceptable to both the pa_rues, nf?w bpth the pal.'ues l}ave agreed for your being appointed as the Conciliation Officer in the subject cited case; Now, through this Jetter you aré requested to try and work out a settlement " both the parties, within a period not exceeding one month from the acceptable to bo P g date of receipt of this reference. Copies of the application and replies of the opposite party thereto are enclosed herewith. Presiding Officer Maintenance Tribunal ., (EXTRA.). JUNE 19,2009 NA GOVT. GAZ: ( HARYANA (6T, 29, 1931 SAKA) FORMF [ See Rule 13(2) 1 400 MEMORANDUM OF SETTLEM ENT ed out onthis oo This Memorandum of Settlement (MoS) is work d to as the ‘first party’ ccond party’). i (here-in-after referre (here-in-after referred to as the ‘s ntenance Tribunal has designated me as the Whereas the learned Mai t acceptable to both and has directed to work out a settlemen Conciliation Officer of Settlement vide orders the parties and to draw up a Memorandum AALEA concvvee ceerrimmraseissinseiaes i he orders of the learned Tribunal, the summoned both the parties And whereas in pursuance to t Conciliation Officer vide leter dated ...owwceewwwsmsssseseemenseees to appear before him On .ccocevwininaeess at 10.00 A.M; And whereas now with the best efforts of the Conciliation Officer, both the parties are now entering into this Memorandum of Settlement to formalize various terms and conditions of this MoS reached between them. Now, therefore, the parties hereto hereby agree and this Memorandum of Settlement witnesseth as follows: ) 1. That the ST’C“‘“d party has agreed to maintain the first party to provide fuch peds of the, o, ike shelier, fod, clatting, wedical ficilicd et which shall made the second party to lead a normal life. 2. That the second party shall pay a sum of Rs. the first party on account of pocket money as well as to e s to meet the day to day petty expenscs. This will be paid through ... de at?l Oym);r\t by ........................... mode of pa 3. That if at any st Yy stage, the second party fails to provide the facilities as mentioned in the clauy e ¢ (1) above, then the second party shall pay a sum . +eesesenenne. DI Month as i as a Maintenance Allowance to the first party: HARYANA GOVT. GAZ. (EXTRA.), JUNE 19,2009 401 (JYST. 29, 1931 SAKA) This amount shail be paid by date of every month through mode of payment. 4. That the second party undertakes that in case he/she fails to abide by the terms and conditions of this MoS then, the second party shall be liable to be proceeded against under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 as well as the rules framed thereunder. Note :— Also include any other terms and conditions of the settlement here. andum of Settlement on the date Signed by the parties to this Memor ave signed. mentioned by them and it shall come into force after all the parties h In witness whereof the parties hereto have set their hands, in token of acceptance. First Party Second Party Conciliation Officer Witness No. 1 Witness No. 2 GAZ. (EXTRA.). JUNE 19, 2009 HARYANA GOV T T 931 SAKA) 402 JYST. FORM G [See Rule 13(2) ) ; i ibuna Before the Presiding Officer, Maintenance Tribu In Application NO. corerrenmriresses Of T iistsgst dsass MU s g Versus L IR 11 PR ........................ Respondent SUBMISSION OF REPORT Respectfully showeth :— ) 1. That this learned Tribunal was pleased to designate the undersigned as the Conciliation Officer under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. 2. That vide order dated , this learned Tribunal directed to work out a settlement which is acceptable to both the parties and to draw up a Memorandum of Settlement. 3. That in pursuance to the orders of this Tribunal dat i g ed g best efforts of the Conciliation Officer, a Memorand um of Settloment date:lth the has been reached which is acceptable to both the parties.( Copies to be attached) ailed report which has led to the working ettlement. : 4. That the following is the det out of the enclosed Memorandum of S Report :— Place: Dated: Conciliation Officer HARYANA GOVT. GAZ. (EXTRA.), JUNE 19, 2009 (JYST. 29, 1931 SAKA) 0 FORM H [ See Rule 13(3) ) Before the Presiding Officer, Maintenance Tribunal In Application No. ....cc.uccvvee. Of ovverririneinnes Sh/Smt.... ............................ Applicant Versus b1 W07 11 SO A PR Sok .. Respondent Respectfully showeth: 1. That this learned Tribunal was pleased to designate the undersigned as the Conciliation Officer under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. 2. That vide order dated ...........ooeeoiococcniiiccicccane this learned Tribunal directed to work out a settlement which is acceptable to both the parties and to draw up a Memorandum of Settlement. 3. That in pursuance to the orders of this Tribunal, the Conciliation Officer vide his letter dated . summoned both the parties to appear before 4. That on the date fixed, both the parties appeared before the Conciliation Officer. 5. That on the date fixed, an acceptable settlement could not be reached. However, the parties were again summoned for PN [0 S . Buteven then no settlement could be reached. 6. That since no settlement could be worked out between the parties inspite of the best efforts of the Conciliation Officer, as per the details given below :— @) oo () 7. That the points of difference due to which the matter could not be reconciled are as under :— stated above, the circumstances demand that further in the matter as it deems fit and proper apers received from this Tribunal are 8. That in view of the facts this learned Tribunal may proceed in the circumstances of this case and the pi returned herewith. . Conciliation Officer Place : Dated : 16(1) of the Maintenance an wn —_ of my know] _ hereunder: edge and beljef an VT. GAZ. (EXTRA.), JUNE 19, 2009 A GO . AR (YST. 29, 1931 SAKA) FORM I [ See rule18] nder Section 16 of the Act before Appellate Tribunal Appeal before the Appellate Tribunal under Section d Welfare of Parents and Senior Citizens Act, 2007) Appeal for maintenance u [ Form for filing an 1. Name of the appellant : .. Name of Father/ Husband : . Complete Postal address : Police Station . Post Office . g ; District - Name of Children/Relative from whom maintenance claimed : . Present-Address of Children / Relatives : : > ..Road .. Police Station .. Post Office ... . District Yearly income of the Childreh/Relative from all sources: Details of order agaj f ) gainst wh; 5 -GT.OHI}ds of Appeal: Vhich the present appeal is being filed: Relief, prayed for: Interim prayer, if any: = 9.0 0 3 Applicant Veriﬁmmm pp ta d ti::m: s made above by me are true to the best erification thereof I, put my signature Tdo hereby verify that the g Signature of the applicant HARYANA GOVT. GAZ. (EXTR . (EXTRA.), JUNE 19 (JYST. 29, 1931 SAKA) S e FORM J - [See Rule 19] Before the Appellate Tribunal SU—— Son of Smt./Shri/Ms.... four copies of the appeal prefen'ed under sub Section (1) of Section 16 of the Maintenance and Welfare of Parents and Semor Citizens Act, 2007 against the ordcr dated Recewed from Smt / ShnIMs .............. foteanises pas%cd by the Mmmcmmce Tribunal, which has been rcglsxered and assi gned the Appeal .. Thedateof hearingof appeal is fixed B Signature with Seal . (EXTRA.), JUNE 19, 2009 ANA GOVT. GAZ: (EX 406 HARY (YST. 29, 1931 SAKA) FORM K [ See Rule 20] Before the Appellate Tribunal APPEAINO. et ~ Versus RS Respondent NOTICE OF CAUSE Whereas an appeal under Section 16(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, against the order dated .......ccccoemremenennecs passed by the Maintenance Tribunal, has been filed, wherein you have been joined as respondent and of which a copy is enclosed, has been presented before this Appellate Tribunal; Now, you are hereby informed that the said appeal has been fixed for beaﬁng | QU S AMON ceviresinnenens and that if you wish to urge anything in reply to the appeal, you may appear before this AppellateTribunal on that date, and file your written statement 3 (Three) days before that day either in person of through any Advocate duly instructed in this behalf. Take notice that in default of your appearance on the date aforementioned the case shall be heard and decided in your absence. . Given under my hand and the seal of the Tribunal this ofiareda o g BY ORDER OF THE APPELLATE TRIBUNAL. 'y Signature with seal NAVRAJSANDHU, Financial Commissioner and Principal Secretary to Government Haryana, Social Justice and Empowerment Department. 45945-L.R.-H.G.p. Chd

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