The Daman and Diu Maintenance & Welfare of Parents & Senior Citizens Rules, 2010.

rules · 2007 · State unknown

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Parent: The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (2007) (17f8b31906920ec366d0073446ee3dbfd6391c21)

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The Daman and Diu Maintenance & Welfare of Parents & Senior Citizens Rules, 2010. In exercise of the powers conferred by section 32 of The Maintenance and Welfare of Parents and Senior Citizens Act; 2007 (56 of 2007), Administrator of U.T. of Daman Diu makes the following rules, namely: - Chapter I Preliminary 1. Short title and commencement.- (1) These rules may be called the Daman Diu Maintenance and Welfare of Parents and Senior Citizens Rules, 2010. 2) They shall come into force from the date of their notification in the Official Gazette. 2. Definitions. (1) In these rules, unless the context otherwise required, (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 context of a male and a female inmate, mean father-daughter, mother-son and brother-sister (not cousins); sForm > means a form appended to these rules; 'Inmate" in relation to an old age home, means a senior-citizen duly admitted to reside in such a home; "Opposite party"' means the party against whom an application for maintenance has been filed under section 4; 'Presiding Officer"' means an officer appointed to preside over a maintenance tribunal referred to under sub-section (2) of section 7, or an Appellate Tribunal under sub-section (2) of section 15; h sSchedule" means a schedule appended to these rules; sSection?> means a section of the Act; sState Government , means the Administrator of U.T: Administration of Daman Diu. 2 (2) Words and expressions defined in the Act but not defined in these rules shall have the meaning respectively assigned to them in the Act. Chapter II Procedure for Maintenance Tribunal and Conciliation Officers 3. Panel for appointment

Rule TOC

2 · Definitions.

3 · Panel for appointment as Conciliation officers - (1) Every Tribunal shall prepare a panel of persons suitable for appointment as Conciliation Officer under sub-section (6) of section 6 which shall include the Maintenance Officers

5 · Preliminary Scrutiny of the application (1) On receipt 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 to maintain the applicant in terms of section 4. In case where the Tribunal finds any lacunae in the application, it may direct the applicant to rectify such lacunae within a reasonable time limit: 6. Notice to the Opposite Party - (1) Once the Tribunal is satisfied on the points mentioned in sub- rule (1) of rule 5, it shall cause to be issued to each person against whom an application for maintenance has been filed, a notice in Form 'C directing them to show cause why the application should not be granted, alongwith a copy of the application and its enclosures, in the following manner:- (a) by hand delivery (Dasti) through the applicant if he SO desires, else through a process server; Or b) by registered post with acknowledgement due. 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, 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'_ The provisions of Order of the Code of Civil Procedure, 1908, shall apply, mutatis mutandis, for the purpose of service of notice under sub-rules (2) and (3) 7. Procedure in case of non-appearance by the Opposite Party. In case, despite service of notice, the opposite party fails to show cause in response to a notice, the Tribunal shall proceed ex parte, by taking evidence of the applicant and making such other inquiry as it deems fit, and shall pass an order disposing of the application.

8 · Procedure in case of admission of claim:-

9 · Procedure for impleading children or relatives - (1) An application by the opposite party, under the proviso to sub- section (5) of section 5,to implead any other child or relative of the applicant shall be filed on the 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 first hearing, unless the opposite party shows sufficient cause for filing it at a later stage.

11 · Proceedings by Conciliation Officer:-

12 · Action by the Tribunal in case of settlement before a Conciliation

2 · In case on the date specified in the notice as above, the parties appear before the tribunal and confirm the settlement arrived at before the Conciliation Officer, the Tribunal shall pass a final order recording the terms of settlement or an order modifying the terms of the settlement on being SO requested by the applicant, with the consent of opposite party: 13.Action by the Tribunal in other cases -

17 · Notice of hearing to the respondents - (1) On receipt of an appeal, the Appellate Tribunal shall, after registering the appeal, cause notice to be served upon the respondent under its seal and signature in Form *' . The notice under sub-rule (1) shall be issued 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).

18 · Scheme for management of old age homes for indigent senior citizens -

19 · Duties and powers of the District magistrate:- 1) The District magistrate shall perform the duties and exercise the powers mentioned in sub-rules (2) and (3) so as to ensure that the provisions of the Act are properly carried out in his district. 2 It shall be the duty of the District Magistrate to- ensure that life and property of senior citizens of the district are protected and they are able to live with security and dignity;

20 · Action plan for the protection of life and property of Senior Citizens: - (1) The District Superintendent of Police and in the case of cities having a Police Commissioner; such Police, Commissioner shall take all necessary steps, subject to such guidelines as the State Government may issue from time to time, for the

21 · State Council of Senior Citizens

2 · The State Council shall consist of the following members,

3 · The tenure of non-official members of the State Council shall

22 · District Committee of Senior Citizens -

1 · Supply of nutritious and wholesome diet as per scale to be fixed by the State Government.

2 · Adequate clothing and linen for the inmates, including for the winter

1 · Details of the Applicant 1_ Name of the Applicant

2 · Details of Respondents S.No. Name

3 · Assistance Needed

1 · CD

2 · EF