R6 AeTC 70165 7T # 3TTIuRQ HTt 41r-3, 77 ?3, ?opo/31ul &, %a5 PR3?

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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R6 AeTC 70165 7T # 3TTIuRQ HTt 41r-3, 77 ?3, ?opo/31ul &, %a5 PR3? SOCIAI JUSTICE AND SPECIAL ASSISTANCE DEPARTMENT Mantralaj +, Mumbai 400 032, dated the 23rd June 2010. NOTIFICATION MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS RuLE, 2010. No. OAH-2O09/C. R.A6/Sudhar-l:- In exercise of the powers conferred by section 32 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007) , and of all other powvers enabling it in that behalf;the Government ofMaharashtra hereby makes the following rules, namely: CHAPTER I PRELMNARY 1. Short title_~These rules may be called the Maharashtra Maintenance and Welfare of Parents and Senior Citizens Rules, 2010. 2. Definitions (1) In these rules, unless the context otherwvise requires (c) "Act" means the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (No. 56 of 2007}; (b) "section means" 9 section of the Act; (c) "application" means an application made to 0 Tribunal under section 5; (d) "blood relations" in the relation to & male and a female inmate, means father-daughter, mother-son, and brother-sister (not cousins); (e) "Conciliation Officer" means any person or representative of an organization registered under the Societies Registration Act, 1860 (21 of 1860) , or any other law for the time being in force, and also includes Maintenance Officer designated under section 18; (f) "Department" means the Social Justice and Special Assistance Department of Government; (g) "District Magistrate" means the District Magistrate and includes Additional District Magistrate of the District; (h) "Form means Form appended to thlese rules; (i) "inmate in relation to an old age home, means & senior citizen duly admitted to reside in such a home (j) "opposite party" means the party against whom an ap

Rule TOC

33 · TERTE 7iF {IMR #IuRUT H17 717-85, &7 ?3, RoRo/a1yla ?, 7a; RR??, 10. Reference to Conciliation Officer:- (1) In case, on the date fixed in the notice issued under rule 6, the Opposite Party appears and shows cause against the maintenance claim; the Tribunal shall seek the views ofboth the parties 95 to whetherthey would like the matter to be referred to a Conciliation Officer and if 'they express their - willingness in this behalf; the Tribunal shall ask them whether they would like the matter to be referred to & person included in the panel prepared under rule 3, Or to any other person acceptable to both parties (2) If both the parties agree on any person, whether included in the panel under rule 3 or %therwise; the Tribunal shall appoint such person as the Conciliation Officer in the case; and shall refer by reference in Form-D, the matter to him, requesting him to try and work out & settlement accepteble to both parties; within & period not exceeding one month from the date of receipt of the reference: (3) The reference in Form-D, shall be accompanied with copies of the application and replies of the Opposite Party thereto. 11. Proceedings by Conciliation Officer ~ (1) Upon receipt of a reference under rule 10,the Conciliation Officer shall hold meetings with the tlo parties as necessary, and shall try to work out & settlement ecceptable to both the parties within & period of one month from the date of receipt of the reference. (2) If the Conciliation Officer succeeds in working out & settlement acceptable to both the parties, he shall draw up a memorandum of settlement in Form-E, get it signed by both parties, and forward it to the Tribunal, with report in Form-F, along with all records of the case received from the Tribunal. (3) Ifthe Conciliation Officeris unable to arrive at & settlement within one month of receipt of @ reference under rule 1O, he shall return the papers received from the Tribunal along with a report in Form-F, showing efforts made by him to bring about 2 settlement and the points of difference between the two parties which could not be reconciled 12 Action by Tribunal in case of settlement before & Conciliation Officer: (1) In case, the Tribunal receives & report from the Conciliation Ofticer under sub-rule (2) of rule 11, along with 2 memorandum of settlement; it shall give notice to both parties to appear before it on 0 date to be specified in the notice Form-G, and confirm the settlement. (2) In case on the date specified in the notice a8 above, the parties appear before the Tribunal and confirm the settlement arrived at before the Conciliation Officer; the Tribunal shall pass & final order a5 agreed` in such settlement:

16 · Form %f oppeals <~An appeal under sub-section (1) of section 16 shall be filed before the Appeliate Tribunal in From-H, and shall be accmpanied by 4 copy of the impugned order of the Maintenance' Tribunal. 16. Registration and acknowledgment of appeal__On receipt of an appeal, the Appellate Tribunal shall register it in 4 register to be maintained in Form-I, and shall, after registering such appeal give an acknowledgment to the appellant, specifying the appeal number and the next date of hearing in Form-J 17. Notice of hearing to respondent _ (1) On registration ofthe appeal under rule 16,the Appellate Tribunal shall, cause notice to be served upon the respondent under its seal and signature in Form-K (2) The notice under sub-rule (1), shall be issued through registered post with acknowledgment due, or through a process server: (3) The provisions of Order V of the Civil Procedure Code; 1908, shall apply, mutatis mutandis, for the purposes of service ofnotice issued under sub-rule (1) CHAPTER IV SCHEME FOR MANAGEMENT OF OLD AGE HOMES ESTABLISHED UNDER SECTION 19. 18. Scheme for Management of old age homes for indigent senior citizens- (1) Old age homes established under section 19 shall be maintained in accordance Iith the following norms and standards, namely:_ (A) The home shall have physical facilities and shall be run in accordance with the operational normg a5 laid down in the Schedule: (B) Inmates of the home shall be selected in accordance with the following procedure _ (a) epplications shall be invited at appropriate intervals, but at least once each year, from indigent senior citizens, as mentioned in section 19 of the Act, desirous of living in the home; (6) in case thc number of eligible applicants on any occasion is more than the number of places availabie in & home for admission, selection of inmates will be made in the following manner; (i) the more indigent and needy will be given preference over the less indigent applicants,

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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 &5 the State Government may issue from time to time, for the protection of life and property of senior citizens: (2) Without prejudice to the generality of sub-rule (1) (0) each police station shall maintain an up-to-date list of senior citizens living within its jurisdiction, especially those who are living by themselves (i.e. without there being any member in their household who is not a senior citizen); (ii) a representative of the police station together; as far as possible, with a social worker or volunteer; shall visit such senior citizens at regular intervals of atleast once & month, and shall, in addition, visit them as quickly as possible on receipt of a request of assistance from them; (iii) complaints or problems of senior citizens shall be promptly attended to, by the local Police; (iv) one or more Volunteers' Committee(s) shall be formed for each Police station which shall ensure regular contact between the senior citizens, especially those living by themselves, o the one hand, and the police and the district administration on the other; (v) the District Superintendent of Police Or, as the case may be, the Police Commissioner shall cause to be publicised wvidely in the media and through the Police Stations, at regular intervals, the steps being taken for the protection of life and property of senior citizens; (ui) each Police Station shall maintain & separate register containing all important particulars relating to offences committed against senior citizens, in such form aS the State Government may, by order; specify; (vii) the register referzed to in clause (ui), shall be kept available for public inspection, and every officer inspecting a Police Station shall invariably reviewv the status &s reflected in the register; (viii) the Police Station shall send & monthly report of such crimes to the District Superintendent of Police by the IOth of every month;

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26 · T{rC 77 {N4M 3rutu H7 U-81, 77 ?8, ?oRo/3dl3 %, 7a5 ?r?? URC FORM - D Reference to conciliation officer Maintenance and Welfare of Parents &d Senior Citizen's Rule, 2010 Isee rule 10(2)]

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1 · Application for Maintenance 2 Maintenance register of Senior Citizen Maintenance Tribunal 3. Show cause notice of the Senior citizen Maintenance Tribunal: 4. Reference to the Conciliation Officer 5. Memorandum of Settlement 6. Report to the Tribunal 7. Settlement Confirmation Notice 8. Format of Appeal 9. Appellate Tribunal register 10. Acknowledgement receipt 11, Show Cause notice of Appellate Tribunal