Bihar Maintenance & Welfare of Parents & Senior Citizens Rules, 2012

Bihar Maintenance & Welfare of Parents & Senior Citizens Rules, 2012
1. Short title extent and commencement.
2. Definitions.
3. Constitution of Maintenance Tribunal.
4. Panel for Appointment as Conciliation Officer.
5. Procedure for filing an application for maintenance, and Its registration.
6. Preliminary Scrutiny of the application.
7. Notice to the Opposite Party.
8. Procedure in case of the nonappearance by the Opposite Party.
9. Procedure in case of admission of claim.
10. Procedure for impleading children or relatives.
11. Reference to Conciliation Officer.
12. Duties of Conciliation Officer.
13. Action by the Tribunal in case of settlement before a Conciliation Officer.
14. Action by the Tribunal in other cases.
15. Maximum maintenance allowance.
16. Establishment and Procedure of Appellate Tribunal.
17. Form of appeal.
18. Registration and acknowledgement of appeal.
19. Notice of hearing to the respondent.
20. Scheme for management of old age homes for indigent senior citizens.
21. Duties and powers of the District Magistrate.
22. Action plan for the protection of life and property of Senior Citizens.
23. State Council of Senior Citizens.
24. District Committee of Senior Citizens.

The Bihar Maintenance & Welfare of Parents & Senior Citizens Rules, 2012

Published vide Notification No. 1/Sa.su.-vividh-22/09.S.W-1935, dated 7.9.2012

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Department of Social welfare

(Directorate of Social Security and Disability)

No. 1/Sa.su.-vividh-22/09.S.W-1935 - 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 Bihar hereby makes the following Rules:-

Preliminary

1. Short title extent and commencement.- (1) These rules may be called the Bihar Maintenance and Welfare of Parents and Senior Citizens Rules 2012.

(2) It shall extend to the whole of the state of Bihar.

(3) It shall come into force at once.

2. Definitions.- (1) In these rules, unless the context otherwise 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 of the Act;

(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) "Government" means the Government of Bihar.

(f) "inmate", in relation to an old age home, means a senior citizen duly admitted to reside in such a home;

(g) "Maintenance officer" means the officer designated under sub-section (1) of section 18, field filed under section 4, of the Act.

(h) "opposite party" means the party against whom an application for maintenance has been filed under section 4;

(i) "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 of the Act;

(j) "Schedule" means a schedule appended to these rules;

(k) "Section" means a section of the Act;

(l) "Tribunal" means maintenance tribunal constituted under section 7 of the Act.

(m) "Senior Citizen Poor" means define by the state government and instruction issued from government time to time.

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

CHAPTER II

Procedure for Maintenance Tribunal and Conciliation Officers

3. Constitution of Maintenance Tribunal.- The government shall, by notification in the official gazette, constitute maintenance tribunal in each sub division under section 7(1) of the Act.
4. Panel for Appointment as Conciliation Officer.- (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 organization 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 the organization; and

(c) he should possess good knowledge of law.

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

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

(ii) he possess 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 1st January and 1st July, respectively, and every, time any change is effected therein.

(4) Conciliation Officer can be appointed by the state government.

(5) The tenure of Conciliation Officer will be three years from date of appointment.

5. 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 as in Annexure - I, and

(b) Its acknowledgement in Form 'B' to be given notwithstanding anything contained in rule 5, to the applicant or his authorized 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 organization authorized by him and shall cause the same to be registered in accordance with clause (a) of sub-rule (2) above.

6. Preliminary Scrutiny of the application.- (1) On receipt of an application under subsection (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.

(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.

(3) Every application shall be heard and decided, within a reasonable time limit.

7. 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 (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, the Tribunal shall proceed ex parte.

(3) Simultaneously with the issue of notice under sub-rules (1) and (2), the applicants (s) shall also be informed of the date mentioned in sub-rule (2), by a notice issued in Form 'D'.

(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).

(5) The Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the Tribunal shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

8. Procedure in case of the 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.
9. Procedure in case of admission of claim.- In case, 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.
10. 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 filling it at 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 impleadment party in Form "C" in accordance with rule 6.

11. 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 opinion of both the parties as to whether they Tribunal shall seek the opinion of both the parties as to whether they 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 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 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 'E', 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 'E' shall be accompanied with copies of the application and replies of the opposite party thereto.

12. Duties of 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 'F', get it signed by both parties, and forward it, with a report in Form 'G', along with all records of the case received from the Tribunal, back to the Tribunal within a 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 papers received from the Tribunal along with a report in From 'H', showing efforts made to bring about a settlement and the points of difference between the two parties which could not be reconciled.

(4) Maintenance of Register - The Conciliation Officer shall maintain a detailed list of voluntary organizations as per Schedule II which will contain arrangements for security and services for older persons. The Conciliation Officer shall be responsible for inspection / monitoring and data collection from old age homes operated by persons / group of persons / voluntary organizations / institutions / donor agencies / others.

13. Action by the Tribunal in case of settlement before a Conciliation Officer.- (1) In case, 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) 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 as agreed in such settlement.

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

(i) the applicant(s) and the opposite parties do not agree for reference of 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 inability to work out 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 worked out by the Conciliation Officer, the Tribunal shall give to both the parties an opportunity of leading 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 the order.

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

(a) amount needed by the applicant to meet his basic needs, especially food, clothing, accommodation, and healthcare,

(b) income of the opposite party, and

(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.

15. Maximum maintenance allowance.- The maximum maintenance allowance which a Tribunal may order 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 and also among the Opposite party's family members.

CHAPTER III

Constitution of Appellate Tribunal and Related Procedures

16. Establishment and Procedure of Appellate Tribunal.- The Government shall, by notification in the official Gazette, constitute for each District one Appellate Tribunal as may be specified in the notification to hear the appeal against the order of Tribunal under section 15 (1) of the Act.
17. Form of appeal.- An appeal under sub-section (1) of section 16 shall be filed before the appellate Tribunal in Form 'I', and shall be accompanied by a copy of the impugned order of the Maintenance Tribunal.
18. 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 and the next date of hearing, in From 'J'.
19. 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 'K'.

(2) 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).

CHAPTER IV

Scheme for Management of Old Age Homes Established under Section 19

20. 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 III.

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

[a] applications shall be invited at appropriate 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 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 competent authority, 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, 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.

(3) State Government may form implementation committee at district level for management of day to day affaires of Old Age Home

(4) Visitors will be allowed in the old age homes up on prior permission of the home management within prescribed hours, keeping in mind the security and welfare of the inmates.

(5) Under section 19(2) and other relevant sections the State Government/department will start and published integrated schemes and appropriate guide line for senior citizens.

CHAPTER V

Duties and Powers of the District Magistrate

21. Duties and powers of the District Magistrate.- (1)The District Magistrate shall perform the duties and exercise the powers mentioned in sub-rule (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:

(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 Government;

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

(v) encourage and coordinate with panchayats, municipalities, Nehru Yuva Kendras, educational institutions and especially their National Service Scheme Units, organizations, specialists, experts, activists, etc. working in the district so that their resources and efforts are effectively pooled for the welfare of senior citizens of the district;

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

(vii) ensure periodic sensitization of officers of various Departments and Local 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 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 like Panchayats, Block Development Offices, Tahsildar offices, District Social Welfare Offices, Collectorate, Police Stations etc;

(x) promote establishment of dedicated Help lines for senior citizens at district headquarters, to begin with; and

(xi) perform such other function as the Government, may by order, assign to the District Magistrate in this behalf, from time to time.

(3) With a view to performing the duties mentioned in sub-rule(2), the District Magistrate shall be competent to issue such directions, not inconsistent with the Act, these rules, and general guidelines of the 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 Government in the Police, Health and Publicity Departments, and the Department dealing with welfare of senior citizens;

(b) Maintenance Tribunals and Conciliation Officers;

(c) Panchayats and Municipalities; and

(d) Educational institutions.

CHAPTER VI

Protection of Life and Property of Senior Citizens

22. 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 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):

(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 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 at least once 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, especially those living by themselves, on the 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 publicized widely 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;

(vi) each Police Station shall maintain a separate Register containing all important particulars relating to offences committed against Senior Citizens as in Annexure IV;

(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 entered in the Register;

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

(ix) list of Do's and Don'ts to be followed by senior citizens, in the interest of their safety will be widely 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 neighborhood, Residents' Welfare Associations, Youth Volunteers, Non- Government Organizations, etc;

(xii) the District Superintendent of Police shall submit to the Director General of Police and to the District Magistrate, a monthly report by the 20th of every month, about the status of crimes against senior citizens during the previous month, including progress of investigation and prosecution of registered offences, and preventive steps taken during the month, as in Annexure V;

(xiii) the District Magistrate shall cause the report to be placed before the District level Committee constituted under rule 24;

(xiv) The Director General of Police shall cause the reports submitted under clause

(xii) to be compiled, once a quarter, and shall submit them to the Government every quarter as well as every year for, inter-alia, being placed before the State Council of Senior Citizens constituted under rule 23.

CHAPTER VII

State Council and District Committees of Senior Citizens

23. State Council of Senior Citizens.- (1) The State Government may, by order, establish a State Council of Senior Citizens to advise the Government on effective implementation of the Act and to perform such other functions in relation to Senior Citizens.

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