Kerala Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 1. Short title and commencement. 2. Definitions. 3. Panel for appointment as Conciliation Officers. 4. Procedure for filing an application for maintenance, and its registration. 5. Preliminary Scrutiny of the application. 6. Notice to the Opposite Party. 7. Procedure in case of nonappearance by the Opposite Party. 8. Procedure in case of admission of claim. 9. Procedure for impleading children or relatives. 10. Reference to Conciliation Officer. 11. Proceedings by Conciliation Officer. 12. Action by the Tribunal in case of settlement before a Conciliation Officer. 13. Action by the Tribunal in other cases. 14. Maximum maintenance allowance. 15. Form of appeal. 16. Registration and acknowledgement of appeal. 17. Notice of hearing to the respondent. 18. Scheme for management of old age homes for indigent senior citizens. 19. Duties and powers of the District Magistrate. 20. Action plan for the protection of life and property of senior citizens. 21. State Council of Senior Citizens. 22. District Committee of Senior Citizens. The Kerala Maintenance and Welfare of Parents and Senior Citizens Rules, 2009

Published vide Notification G.O.(P) No. 38/2009/SWD. dated Thiruvananthapuram, 28th August, 2009

ker002

Government of Kerala

Social Welfare (C) Department

S.R.O. No. 723/2009. - In exercise of the powers conferred by section 32 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Central Act 56 of 2007), the Government of Kerala make the following rules, namely:-

CHAPTER I

Preliminary

Short title and commencement.- (1) These rules may be called the Kerala Maintenance ans Welfare of Parents and Senior Citizens Rules, 2009.

(2) They shall come into force at once.

Definitions.- (1) In these rules, unless the context other wise requires,-

(a) "Act" means the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Central Act 56 of 2007);

(b) "application" means an application made to a tribunal under section 5;

(c) "blood relations", in the context of a male and a female inmate mean father-daughter, mother-son, and brother-sister (not cousins);

(d) "Form" means a form appended to these rules;

(e) "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 for maintenance has been filed under section 4;

(g) "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) "Schedule" means a Schedule appended to these rules;

(i) "section" means a section of the Act;

(j) "State Government" means the Government of Kerala.

(2) Words and expressions defined in the Act but not defined in these rules shall have the meanings respectively assigned to them in the Act.

CHAPTER II

Procedure for Maintenance Tribunal and Conciliation Officers

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 designated under section 18.

(2) Persons referred to under sub-rule (1), other than Maintenance Officers designated under section 18, shall be chosen subject to fulfilling the following conditions, namely:-

(a) he should be associated with an organisation which is working for the welfare of senior citizens and/or weaker sections, or in the area of education, health, poverty-alleviation, women's empowerment, social welfare, rural development or related fields, for at least two years with an unblemished record of service;

(b) he should be a senior office-bearer of organisation; and

Provided that a person who is not associated with an organisation of the kind mentioned above, may also be included in the panel mentioned in sub-rule (1) subject to fulfilling the following conditions, namely:-

(i) he must have a good and unblemished record of public service in one or more of the areas mentioned in clause (a); and

(ii) he should possess good knowledge of law.

(3) The Tribunal shall publish the panel mentioned in sub-rule (1) for general information at least twice in every year, on 1st January and 1st July, respectively, and at every time any change is effected therein.

Procedure for filing an application for maintenance, and its registration.- (1) An application for maintenance under section 4 shall be made in Form `A', in the manner laid down in clauses (a) and (b) of sub-section (1) of section 5.

(2) On receipt of an application under sub-rule (1), the Presiding Officer shall cause-

(a) its essential details to be entered in a Register of Maintenance Claim Cases, to be maintained in such form as the State Government may direct, and

(b) its acknowledgement in Form 'B' to be given, notwithstanding anything contained in rule, 5 to the applicant or his authorised representative in case of hand delivery, and its dispatch by post in other cases and the acknowledgement shall specify, inter alia, the registration number of the application.

(3) Where a Tribunal takes cognizance of a maintenance claim, suo motu, the Presiding Officer 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 parent, or any person or organisation authorised by him and shall cause the some to be registered in accordance with clause (a) of sub-rule (2) above.

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, and obligation to maintain the applicant in terms of section 4.

(2) 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.

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, along with a copy of the application and its enclosures, in the following manner:-

(a) by hand delivery 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 he 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 'C'.

(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).

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.
Procedure in case of admission of claim.- If on the date fixed in the notice issued under rule 6, the opposite party appears and accepts his liability to maintain the applicant, and the two parties arrive at a mutually agreed settlement, the Tribunal shall pass an Order accordingly.
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.

(2) On receipt of an 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 impleadment under sub-rule (2), it shall cause a notice to be issued to such impleaded party in Form "C" in accordance with rule 6.

Reference to Conciliation Officer.- (1) In case, on the date fixed in the notice issued under rule 6, the opposite part appears and show cause against the maintenance claim, the Tribunal shall seek the opinion of both the parties as to whether they 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 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 a person included in the panel prepared under the 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 otherwise, the Tribunal shall appoint such person as the Conciliation Officer in the case, and shall refer the matter to him, through a letter in Form 'D', requesting the Conciliation Officer to try and work out a settlement acceptable to both parties, within a 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.

Proceedings by Conciliation Officer.- (1) Upon receipt of a reference under rule 10, the Conciliation Officer shall hold meetings with the two parties as necessary and shall try to work out a settlement acceptable to both the parties, within a period of one month from the date of receipt of the reference.

(2) If the Conciliation Officer succeeds in working out a 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, with a report in Form 'F' along with all records of the case received from the Tribunal, back to the Tribunal within a month from the date of receipt of the reference.

(3) If the Conciliation Officer is unable to arrive at a settlement within one month after the receipt of a reference under rule (10), he shall return the papers received from the Tribunal along with a report in Form 'G', showing efforts made to bring about a settlement and the points of difference between the two parties which could not be reconciled.

Action by the Tribunal in case of settlement before a Conciliation Officer.- (1) When the Tribunal receives a report from the Conciliation Officer under sub-rule (2) of rule 11, along with a memorandum of settlement, it shall give notice to both parties to appear before it on a date to be specified in the notice, and confirm the settlement.

(2) If 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 in terms of such settlement.

Action by the Tribunal in other cases.- (1) In case where-

(i) the applicant(s) and the opposite parties do not agree for reference to their dispute to a Conciliation Officer as per rule 10, or

(ii) the Conciliation Officer appointed under rule 10 sends a report under sub-rule (3) of rule 11, conveying his inability to arrive at a settlement acceptable to both the parties, or

(iii) no report is received from a Conciliation Officer within the stipulated time-limit of one month, or

(iv) in response to the notice issued under sub-rule (1) of rule 12, one or both the parties decline to confirm the settlement arrived at by the Conciliation Officer.

the Tribunal hall give to both the parties an opportunity of advancing evidence in support of their respective claims, and shall, after a summary inquiry as provided in sub-section (1) of section 8, pass such order as it deems fit.

(2) An order passed under rule 7, rule 8 or under sub-rule (1) above shall be a speaking one, spelling out the facts of the case as ascertained by the Tribunal, and the reasons for such order.

(3) While passing an order under sub-rule (1), directing the opposite party to pay maintenance to an applicant, the Tribunal shall take the following facts into consideration:-

(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 property, if any, of the applicant which the opposite party would inherit and/or is in possession of.

(4) A copy of every order passed, whether final 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 a process server or by registered post.

Maximum maintenance allowance.- The maximum maintenance allowance which a Tribunal may order against the opposite party to pay shall, subject to a maximum of rupees ten thousand per month, be fixed in such a manner that it does not exceed the monthly income from all sources of the opposite party, divided by the number of persons in his family, counting the applicant or applicants also among the opposite party's family members.

CHAPTER III

Procedure of Appellate Tribunal

Form of appeal.- An appeal under sub-section (1) of section 16 shall be filed before the Appellate Tribunal in Form 'H', and shall be accompanied by a copy of the impugned order of the Maintenance Tribunal.
Registration and acknowledgement of appeal.- On receipt of an appeal, the Appellate Tribunal shall register it in a register to be maintained for the purpose in such form as the State Government may direct, and shall, after registering such appeal, give an acknowledgement to the appellant, specifying the appeal number in Form 'I'.
Notice of hearing to the respondent.- (1) On receipt of an appeal, the Appellate Tribunal shall, after registering the case and assigning an appeal number, cause notice to be served upon the respondent under its seal and signature in Form 'J' requesting to appear before the Appellate Tribunal on the date specified;

(2) The notice under sub-rule (1) shall be issued through registered post with acknowledgement due, or through a process server;

(3) Simultaneously with the issue of notice under sub-rules (1) and (2) the appellant shall also be informed the date mentioned in sub-rule (1) by a notice in form 'J';

(4) 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) and (3).

CHAPTER IV

Scheme for Management of Old Age Homes Established Under Section 19

Scheme for management of old age homes for indigent senior citizens.- (1) Old age homes established under section 19 shall be run in accordance with the following norms and standards:-

(A) The home shall have physical facilities and shall be run in accordance with the operational norms as laid down in the Schedule.

(B) Inmates of the home shall be selected in accordance with the following procedure:-

(a) application shall be invited at appropriate intervals, but at least once in each year, from indigent senior citizens, as defined in section 19 of the Act, desirous of living in the home;

(b) where the number of eligible 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 manner:-

(i) the more indigent and needy will be given preference over the less indigent applicants;

(ii) other things being equal, older senior citizens will be given preference over the less old; and

(iii) other things being equal, female applicants will be given preference over male applicants.

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 not in a position to make 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;

(D) The home shall provide separate lodging for men and women inmates, unless a male and a female inmate are either blood relations or a 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 issue by the State Government from time to time, such that inmates are 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 laid down in sub-rule (1) and the Schedule.

CHAPTER V

Duties and Powers of the District Magistrate

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 property carried out in his district.

(2) It shall be the duty of the District Magistrate to-

(i) ensure that life and property of senior citizens of the district are protected and they are able to live with security and dignity;

(ii) oversee and monitor the work of Maintenance Tribunals and Maintenance Officers of the district with a view to ensuring timely and fair disposal of applications for maintenance, and execution of Tribunals' orders;

(iii) oversee and monitor the working of old age homes in the district so as to ensure that they conform to the standards laid down in these rules, and any other guidelines and orders of the State Government;

(iv) ensure regular and wide publicity of the provisions of the Act, and Central and State Governments' programmer for the welfare of senior citizens;

(v) encourage and co-ordinate with Panchayats, Municipalities Nehru Yuwa Kendras, Educational Institutions especially their National Service Scheme Units, Organisations, Specialists, Experts, Activists, etc. working in the district so that their resources and efforts are effectively utilised for the welfare of senior citizens of the district;

(vi) ensure provision for timely assistance and relief to senior citizens in the event of natural calamities and other emergencies;

(vii) ensure periodic sensitisation of officers of various Department and Local Bodies concerned with the 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 relating to senior citizens in the district, except in cities having a Police Commissioner;

(ix) ensure that adequate number of prescribed application forms for maintenance are available in offices of common contact for citizens such as Panchayats, Post Officers, Block Development Offices, Tahsil Offices Collectorate, Police Stations, etc;

(x) promote establishment of dedicated helplines for senior citizens a 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 direction, not inconsistency with the act, these rules, and general guidelines of the State Government, as may be necessary, to any concerned government or statutory agency or body working in the district, and especially to the following:-

(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;

(d) Educational institutions.

CHAPTER VI

Protection of Life and Property of Senior Citizens

Action plan for the protection of life and property of senior citizens.- (1) The District Superintendent of Police in every Districts, 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, for the protection of life and property of senior citizens.

(2) Without prejudice to the generality of sub-rule (1)-

(i) 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 which 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 at least once in a month, and shall, in addition, visit them as quickly as possible on receipt of a request of assistance from them;

(iii) complaints/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, specially those living by themselves, on one hand, and the police and the district administration on the other.

(v) the District Superintendent of Police, or the Police Commissioner as the case may be, shall cause to be published widely in the (sic) and through the Police Stations, an regular intervals, the steps being taken or the protection of life and property of senior citizens;

(vi) each Police Station shall maintain a separate register containing all important particulars relating to the offences committed against senior citizens, a such form as the State Government may, by order, specify;

(vii) the register referred to in clause (vi) shall be kept available for public inspection, and every officer inspecting a Police Station shall invariably review the status as reflected in the register.

(viii) the Police Station shall send a monthly report of such crime to the District Superintendent of Police/Police Commissioner by the 10th (sic) every month;

(ix) list of Do's and Dont's to be followed by senior citizens in the interest of their safety will widely be publicized;

(x) antecedents of domestic servants and others working for senior citizens shall be promptly verified, on the request of such citizens;

(xi) community policing for the security of senior citizens will be undertaken in conjunction with citizens living in the neighbourhood, Residents Welfare Associations, Youth Volunteers, Non-Government Organisations, etc;

(xii) the District, Superintendent of Police/Police Commissioner shall submit to the Director General of Police and to the District Magistrate, a monthly report by the 20th of every month, about the details of crime against senior citizens during the previous month, including progress of investigation and prosecution of registered offences, and preventive steps taken during the month.

(xiii) the District Magistrate shall cause the report to be placed before the District-level Co-ordination-cum-Monitoring Committee constitute under rule 22;

(xiv) The Director General of Police shall cause, the report submitted under clause (xii) to be compiled, once a quarter, and shall submit them to the State Government every quarter as well as every year for, inter alia being placed before the State Council of Senior Citizens constituted under rule 21.

CHAPTER VII

State Council and District Committees of Senior Citizens

State Council of Senior Citizens.- (1) The State Government may, be order, establish a State Council of Senior Citizens to advise the State Government on effective implementation of the Act and the Rules and the perform such other functions in relation to senior citizens as the State Government may specify.

(2) The State Council shall consist of the following members, namely:-

(i) Minister of the State Government in-charge of Social Welfare;	Chairman, ex-officio
(ii) Secretaries of Departments of the State Government dealing with Disabilities, Senior Citizens Welfare, Social Welfare, Health, Home, Publicity, Pensions and other subjects of concern to the senior citizens;	Member ex-officio
(iii) Such number of specialities and activists in the filed of senior citizens, as the State Government may determine, to be nominated by the State Government;	Members
(iv) such number of eminent senior citizens, as the State Government may determine, but not less in number than the ex-officio members in the Council, to be nominated by the State Government;	Members
(v) Director in-charge of Senior Citizens' Welfare (Social Welfare) in the State;	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 ex-officio members, rules of procedure of the Council and other ancillary matters shall be such as the State Government may, by order, specify.

District Committee of Senior Citizens.- (1) The State Government may by order, establish a District Committee of Senior Citizens for each District to advise in effective and co-ordinate the implementation of the Act and the rules at the district level, and to perform such other functions 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 ex-officio members), rules of procedure and other ancillary matters shall be such as the state Government may, by order specify.

Schedule

(See Rule 18)

Norms of Physical Facilities and Operational Standards for an Old Age Home for Indigent Senior Citizens Established Under Section 19 of the Act

Physical Facilities
Land: The 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 an old age home of requisite capacity and for essential necessities like recreation, gardening, further expansion, etc.
Living 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 per inmate 7.5 sq. metres

(ii) living area or carpet area perinmate i.e. including (i) above plus ancillary areas like kitchen, dining hall, recreation room, medical room, etc, but excluding verandahs, corridors, etc. 12 sq. metres

Facilities: (1) The old age home shall have the following facilities:-

(i) residential area comprising rooms/dormitories- separately for men and women;

(ii) adequate water for drinking and ancillary purposes;

(iii) electricity, fans and hearing arrangement for inmates (as necessary);

(iv) kitchen-cum-store and office.

(v) dining hall;

(vi) adequate number of toilets and bath rooms, including toilets suitable for disabled persons;

(vii) recreation facilities, television, newspaper and an adequate collection of books; and

(viii) first aid, sick bay and primary health care facilities.

(2) The old age home should be barrier-free with provision of ramps and handrails, and where necessary, lifts, etc.

Operational Standards
Supply of nutritious and wholesome diet as per scale to be fixed by the State Government.
Adequate clothing and linen for the inmates, including for the winter season.
Adequate arrangements for sanitation, hygiene and watch and ward/security.
Arrangements with the nearest Government hospital for emergency medical care and with the nearest Police Station for security requirements.

Form A

[See rule 4(1)]

Application before the Maintenance Tribunal Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Name and address of the Applicant/authorised person or organisation :
Names and address of the opposite party :

(i)

(ii)

(iii)

(iv)

Approximate monthly income of the opposite party :
Reason for making application :
The remedy sought for :
Any other particulars as may be necessary :

I, ...................... the aforesaid applicant Authorised person or organisation hereby declare that the facts mentioned above are correct to the best of my knowledge and belief.

Place:

Date:

Signature: Applicant/Authorized person or Organisation

Form B

[See Rule 4(2) (b)]

Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Acknowledgement

Your application dated ....................... has been received on ................ The same has been registered in the Register of Maintenance Claim Cases of this Tribunal as Application No................. of .......................

Signature: Authorised Officer of the Maintenance Tribunal

(Office Seal)

To,

The Applicant/Authorised person or organisation.

(Name and Address)

Form C

[See Rule 6(1) and (3)]

Notice to Appear before the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007

(Name of persons against whom application has been received and address).

Whereas your attendance is necessary to collect information and gather evidence to an application filed by Smt./Shri........................ (copy enclosed). You are required to show cause in writing as to why the application should not be granted within 15 days from the date of receipt of this notice. You are also hereby required to appear in person before the Tribunal on the day of........................... at....................(time) in the Office of the Revenue Divisional Officer at.................(place).

Signature

Dated this.....................day of......................200....................

Authorised Officer of the Maintenance Tribunal

Copy to:

(The Applicant/Authorised person or organisation)

(Name and Address)

(Office Seal)

Form D

[See Rule 10 (2)]

Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Application No.............of..................20..............

between

Name and Address of Applicant/ Authorised person or Organisation

and

Name and Address of Opposite Party

The Conciliation Officer,

........................

Whereas upon the application of the above, the Applicant/and the Opposite Party has been made to appear to this Tribunal on.................... and that both the parties have agreed to refer the application to your and you are hereby requested to try and work out a settlement acceptable to both the parties within a period not exceeding one month from the date of receipt of this reference. You are also requested to forward the memorandum of settlement duly signed by both the parties along with all relevant records forwarded with the this reference to this Tribunal on or before the...................day of...................

Signed...................

Tribunal

Date

(Office Seal)

Form E

[See Rule 11 (2)]

Memorandum of Settlement by the Conciliation Officer filed before the Maintenance Tribunal

Memorandum of settlement of...........................the conciliation officer herein dated the....................day of.....................

In pursuance of the reference I have examined the records and the statement of the objections thereby directed. A copy of my proceedings is annexed hereto in Form F and Appendix I thereto set out the witnesses examined and Appendix II the documents produced before me.

.......................................................

Dated the....................day of.....................

Signed Conciliation Officer

Form F

[See Rule 11 (2)]

Report of the Conciliation Officer filed before the Maintenance Tribunal

In Application No.......................of 20..............

between

Name and Address of Applicant/ Authorised person or Organisation

and

Name and Address of Opposite Party

Form G

[See Rule 11 (3)]

Report of the Conciliation Officer filed before the Maintenance Tribunal

In Application No.......................of 20................

between

Name and Address of Applicant/ Authorised person or Organisation

and

Name and Address of Opposite Party

Efforts made to bring about a settlement and the points of differences between the two parties which could not be reconciled:

.....................................................................................................................................................................................................................................

Form H

[See Rule 15]

Appeal before the Appellate Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Name and Address of the appellant :
Name and Addresses of the Respondents :
Name of Maintenance Tribunal that issued the order and the number and date of such order :
Date of receipt of the order :
Reason for challenging the order :
Whether wants stay order, if so what are the reasons thereof :
The remedy sought for :

I.......................the aforesaid appellant, hereby declare that the facts mentioned above are true and correct to the best of my knowledge and belief. A copy of the Order of the Maintenance Tribunal is appended.

Place:

Date :

Signature: Appellant:

Form I

[See Rule 16]

Appellate Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Acknowledgement

Your appeal dated......................has been received on....................The same has been registered in this Tribunal as Appeal No......................of....................

Signature: Authorised Officer of the Appellate Tribunal

(Office Seal)

The Appellant

(Name and Address)

Form J

[See Rule 17(1) and (3)]

Notice to Appear Before the Appellate Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007

(Name of Respondent)

Whereas your attendance is necessary to collect information and gather evidence to an appeal of...................(state the gist of appeal) you are hereby required to appear in person before the Appellate Tribunal on the day of................at..............(time)......in the office of the...................(place)...........

Signature:

Dated this.................day of.............20.............

Authorised Officer of the Appellate Tribunal

Copy to:

The Appellant

(Office Seal)

(Name and Address)

Explanatory Note

(This does not form part of the notification, but is intended to indicate its general purport.)

Section 32 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 empowers the Government to make rules for carrying out the purposes of the Act. Government have decided to make rules accordingly.

This notification is intended to achieve the above object.