/Maintenance and Welfare of Parents and Senior Citizens Act, 2047 {fr€tera ri. S. (rfr.- ((rf,) 04/0007/2003-07 Reoistered No. DL - (N) r,,4/0007/2003-07 ffi$ Wfuq, ffi'au.etfq 0f ,.sffidia 3Rfiqr{UI EXTRAORDINARY 3{rrT II - gu5 1 PART II . SeCtioN I crfufrR t rfrrRrd PUBLISHED BY AUTHORITY td'zsl ;r$ frd, frffor, frsF{r 3t, zo07/ 70, 1929 No, 67 I NEW DELHI, MONDAY. DECEM BER 31. 2OO7 /PAUSA 10. 1929 Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW AND JUSTICE ( Leg islative Department) New Delhi, the 31st December, 2007/Pausa 10, t929 (Saka) The following Act of Parliament received the assent of the President on the 29th December,2A07 and is hereby published for general information : THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CTTTZENS ACT, 2Oo7 56 0F 2007 No. [29th December,2007) An Act to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognised under the Constitution and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Fifty-eight Year of the Republic of India as follows: CHAPTER I: Preliminary 1. Short title, extent and commencement 1. This Act may be called the Maintenance and Welfare of Parents and Senior Citizens Act,2007 2, It extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India 3, Itshall come into force in a State on such date as the State Government may, by notification in the Official Gazelle, appoint. h"
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/Maintenance and Welfare of Parents and Senior Citizens Act,2047
{fr€tera ri. S. (rfr.- ((rf,) 04/0007/2003-07
Reoistered No. DL - (N) r,,4/0007/2003-07
ffi$Wfuq, ffi'au.etfq 0f ,.sffidia
3Rfiqr{UI
EXTRAORDINARY
3{rrT II - gu5 1
PART II . SeCtioN I
crfufrR t rfrrRrd
PUBLISHED BY AUTHORITY
td'zsl ;r$ frd, frffor, frsF{r 3t, zo07/ 70, 1929
No, 67 I NEW DELHI, MONDAY. DECEM BER 31. 2OO7 /PAUSA 10. 1929
Separate paging is given to this Part in order that it may be filed as a separate compilation
MINISTRY OF LAW AND JUSTICE( Leg islative Department)
New Delhi, the 31st December, 2007/Pausa 10, t929 (Saka)
The following Act of Parliament received the assent of the President on the 29th December,2A07 and is herebypublished for general information :
THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CTTTZENS ACT, 2Oo7
56 0F 2007No.
[29th December,2007)
An Act to provide for more effective provisions for the maintenance and welfare of parents and senior citizensguaranteed and recognised under the Constitution and for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Fifty-eight Year of the Republic of India as follows:
CHAPTER I: Preliminary
1. Short title, extent and commencement
1. This Act may be called the Maintenance and Welfare of Parents and Senior Citizens Act,20072, It extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of
India outside India3, Itshall come into force in a State on such date as the State Government may, by notification in the Official
Gazelle, appoint.
h"
nitions
this Act, unless the context otherwise requires -
a;"children".includes son, daughter, grandson and grand-daughter but does not include a minor
"maintenance" includes provision for food, clothing, residence and medical attendance and treatment
"minor" means a person who, under the provisions of the Majority Act, 1875 is deemed notto have attained
the age of majoritY"parent" means father or mother whether biological, adoptive or step father or step mother, as the case may
be, whether or not the father or the mother is a senior citizen
"prescribed" means prescribed by rules made by the Stale Government under this Act
"property" means property of any kind, whether movable or immovable, ancestral or self acquired, tangible
or intangible and includes rights or interests in such property,,relative" means any legal heir of the childless senior citizen who is not a minor and is in possession of or
would inherit his property after his death"senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above
"State Government";, in relation to a Union territory, means the administrator thereof appointed under
article 239 of ihc Constitutionj. "Tribunal" means the Maintenance Tribunal constituted under section 7
k. "welfare" means provision for food, health care/ recreation centres and other amenities necessary for the
senior citizens
3, Act to have overiding effect
The orovisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any
enactment other than this Act, or in any instrument having effect by virtue of any enactment other than this Act.
CHAPTER II: MAINTENANCE OF PARENTS AND SENIOR CITIZENS
4. Maintenance of Parents and Senior Citizens
1. A senior citizen including parent who is unable to maintain himself from his own earning or property owned
by him, shall be entitled to make an application under section 5 in case of -i. parent or grand-parent, against one or more of his children not being a minorii. a childless senior citizen, against such of his relative referred to in clause (g) of sectiu'r 2
2. The obligation of the children or relative, as the case may be, to maintain a senior citizen extends to the
needs of such citizen so that senior citizen may lead a normal life'
3, The obligation of the children to maintain his or her parent extends to the needs of such parent either father
or mother or both, as the case may be, so thatsuch parent may lead a normal life.
4. Any person being a relative of a senior citizen and having sufficient means shall maintain such senior citizen
provided he is in possession of the property of such senior citizen or he would inherit the property of such
senior citizen:
provided that where more than one relatives are entitled to inherit the property of a senior citizen, the
maintenance shall be payable by such relative in the proportion in which they would inherit his property,
5. Application for maintenance
1. An application for maintenance under section 4, may be made -
a. by a senior citizen or a parent, as the case may be; orb. if he is incapable, by any olher person or organisation authorised by him; or
c. the Tribunal may take cognizance sua motuExplanation:For the purposes of this section "organisation" means any voluntary association registered under
the Societies Registration Act, 1860, or any other law for the time being in force,
2. The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance
under this section, order such children or relative to make a monthly allowance for the interim maintenance
of such senior citizen including parent and to pay the same to such senior citizen including parent as the
Tribunal may from time to time direct.3. On receiptof an application for maintenance under sub-section(I), after giving notice of the application to the
children or relative and after giving the parties an opportunity of being heard, hold an Inquiry for
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7 determining the amount of maintenance4. An application filed under sub-section (2) for the monthly allowance for the maintenance and expenses for
proceeding shall be disposed of within ninety days from the date of the service of notice of the application to
such person:
provided thatthe Tribunal may extend the said period, once for a maximum period of thirty days in
exceptional circumstances for reasons to be recorded in writing'An application for maintenance under sub-section (I) may be filed against one or more persons:
provided that such children or relative may implead the other person liable to maintain parent in the
application for ma intenance.Where a maintenance order was made against more than one person, the death of one of them does not
affect the liability of others to continue paying maintenance.
Any such allowance for the maintenance and expenses for proceeding shall be payable from the date of the
order, or, if so ordered, from the date of the application for maintenance or expenses of proceeding, as the
case may oe.If, children or relative so ordered fail, without sufficient cause to comply with the order, any such Tribunal
may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for
levying fines, and may sentence such person for the whole, or any part of each month's allowance for the
maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the
warrant, to imprisonment for a term which may extend to one month or until payment if sooner made
whichever is earlier:
provided that no warrant shall be issued for the recovery of any amount due under this section unless
application be made to the Tribunal to levy such amount within a period of three months from the date on
which it became due.
6. Jurisdiction and Procedure
1. The proceedings under section 5 may be taken against any children or relative in any district -
a. where he resides or last resided, orb. where children or relative resides'
2. On receipt of the application under section 5, the Tribunal shall issue a process for procuring the presence of
children or relative against whom the application is filed'3. For securing the attendance of children or relative the Tribunal shall have the power of a Judicial Magistrate
of first class as provided under the Code of criminal Procedure, 1973'
4. All evidence to such proceedings shall be taken in the presence of the children or relative against whom an
order for payment of maintenance is proposed to be made, and shall be recorded in the manner prescribed
for summons cases:
provided that if the Tribunal is satisfied that the children or relative against whom an order for payment of
maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Tribunal,
the Tribunal may proceed to hear and determine the case ex parte
5. Where the children or relative is residing out of India, the summons shall be served by the Tribunal through
such authority, as the Central Government may by notification in the official Gazette, specify in this behalf'
6. The Tribunal before hearing an application under section 5 may,, refer the same to a Conciliation Officer and
such Conciliation Officer shall submit his findings within one month and if amicable settlement has been
arrived at, the Tribunal shall pass an order to that effect.
Explanation - For the purposes of this sub-section "Conciliation Officer" means any person or representative of an
organisation referred to in Explanation to sub-section(1) of section 5 or the Maintenance Officers deslgnated by the
State Government under subsection (1) of section 18 or any other person nominated by the Tribunal for this
purpose.
7. Constitution of Maintenance Tribunal
1. The State Government shall within a period of six months from the date of the commencement of this Act,
by notification in the Official Gazette, constitute for each Sub-division one or more Tribunals as may be
specified in the notification for the purpose of adjudicating and deciding upon the order for maintenance
under section 5.
7.
B.
The Tribunal shall be presided over by an officer noi below the rank of Sub-DivisionalOfficer of a State.3. Where two or more Tribunals are constituted for any area, the State Government may, by general or special
order, regulate the distribution of business among them.
8. Siimmary procedure in case of inquiry
1. In holding any inquiry under section 5, the Tribunal may, subjectto any rules that may be prescribed by theState Government in this behalf, follow such summary procedure as it deems fit,
2. The Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and ofenforcing the attendance of witnesses and of compelling the discovery and production of documents andmaterial 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
3. Subject to any rule that may be made in this behalf, the Tribunal may, for the, purpose of adjudicating anddeciding upon any claim for maintenance, choose one or more persons possessing special knowledge of anymatter relevant to the inquiry to assist it in holding the inquiry.
9" Order for maintenance
1, If children or relatives, as the case may be, neglect or refuse to maintain a senior citizen being unable tomaintain himself, the Tribunal may, on being satisfied of such neglect or refusal, order such children orrelatives to make a monthly allowance at such monthly rate for the maintenance of such senior citizen, as
the Tribunal may deem fit and to pay the same to such senior citizen as the Tribunal may, from time to tlme,di rect,
2. The maximum maintenance allowance which may be ordered by such Tribunal shall be such as may beprescribed by the State Government which shall not exceed ten thousand rupees per month.
10, Alteration in allowance
1. On proof of misrepresentation or mistake of fact or a change in the circumstances of any person/ receiving a
monthly allowance under section 9, for the maintenanceordered under that section to pay a monthlyallowance for the maintenance, the Tribunal may-make such alteration, as it thinks fit, in the allowance forthe maintenance.
2, Where itappears to the Tribunal that, in consequence of any decision of a competent Civil Court, any ordermade under section 9 should be cancelled or varied, it shall cancel the order or/ as the case may be, varythe same accordingly.
11. Enforcement of order of maintenance
1, A copy of the order of maintenance and including the order regarding expenses of proceedings/ as the casemay be, shall be given without payment of any fee to the senior citizen or to parent, as the case may be, inwhose favour it is made and such order may be enforced by any Tribunal in any place where the personagainstwhom it is made, such Tribunal on being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due.
2, A maintenance order made under this Act shall have the same force and effect as an order passed underChapter I Xofthc Code of Criminal Procedure, 1973 and shall beexecuted in the manner prescribed for theexecution of such order by that Code.
12. Option regarding maintenance in certain cases
Notwithstanding anything contained in Chapter IX of the Code of Criminal Procedure, 1973, llhere a senior citizen ora parent is entitled for maintenance under the said Chapter and also entitled for maintenance under.this Act may,without prejudice to the provisions of Chapter IX of the said Code, claim such maintenance under eitner of tnoseActs but not under both.
13. Deposit of maintenance amount
When an order is made under this Chapter, the children or relative v,'ho is r-ec;ired to p:y ar,, 3-'ncLr: in te-rs c:such order shall, within thirty days of the date of anno.:ncinc iLe crder b',' the Tr:--3 :e:cs't:^e €r:'r€ 3'r1::--:ordered in such manner as the Tribunal rnay direc.
14. Award of interest where any claim is allowed
any Tribunal makes an order for maintenance made under this Act, such Tribunal may direct that in addition
the amount of maintenance, simple interest shall also be paid at such rate and from such date not earlier than
the date of making the application as may be determined by the Tribunal which shall not be less than five per cent,
and net more than eighteen per cent:*
Provided that where any application for maintenance under Chapter IX of the Code of Criminal Procedure, 1973 is
pending before a Court at the commencement of this Act, then the Court shall allow the withdrawal of such
application on the request of the parent and such parent shall be entitled to file an application for maintenance
before the Tribunal.
15. Constitution of Appellate Tribunal
1, The State Government may, by notification in the Official Gazette, constitute one Appellate Tribunal for each
district to hear the appeal against the order of the Tribunal'2, The Appellate Tribunal shall be presided over by an officer not below the rank of District Magistrate.
16. Appeals
1. Any senior citizen or a parent, as the case may be, aggrieved by an order of a Any senior citizen or a
parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the
order, prefer an appeal to the Appellate Tribunal:
Provided that on appeal, the children or relative who is required to pay any amount in terms of such
maintenance order shall continue to pay to such parent the amount so ordered, in the murm:r directed by
the Appellate Tribunal :
provided further that the Appellate Tribunal may, entertain the appeal alter the expiry of the said period of
sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in
time.On receiptof an appeal, the Appellate Tribunal shall, cause a notice to be served upon the respondent.
The Appellate Tribunal may call for the record of proceedings from the Tribunal against whose order the
appeal is preferred.The Appellate Tribunal may, after examining the appeal and the records called for either allow or reject the
appeal.The Appellate Tribunal shall, adjudicate and decide upon the appeal Hied against the order of the Tribunaland the order of the Appellate Tribunal shall be final:
Provided that no appeal shall be rejected unless an opportunity has been given to both the panics of being
heard in person or through a duly authorised representative'
1. The Appellate Tribunal shall make an endeavour to pronounce its order in writing within one month of the
receipt of an appeal,2. A copy of every order made under sub-section (3) shall be sent to both the panics free of cosl,
17. Right to legal representation
Notwithstanding anything contained in any law, no party to a proceeding before a Tribunalor Appellate Tribunalshall be represented by a legal practitioner.
18. Maintenance Officer
1, The State Government shall designate the District Social Welfare Officer or an officer not bel6w the rank of aDistrict Social Welfare Officer, by whatever name called as Maintenance Officer,
2, The Maintenance Officer referred to in sub-section (1), shall represent a parent if he so desires, durlng the
proceedings of the Tribunal, or the Appellate Tribunal, as the case may be,
CHAPTER III: ESTABLISHMENT OF OLDAGE HOMES
19. Establishment of oldage homes
1. The State Government may establish and maintain such number of oldage homes at accessible places, as it
2.
4.
q
may deem necessary, in a phased manner, beginning with at least one in each district to accommodate ln
such homes a minimum of one hundred fifty senior citizens who are indigent.2, The State Government may/ prescribe a scheme for management of oldage homes, including the standards
and various types of services to be provided by them which are necessary for medical care and means of
'entertainment to the inhabitants of such homes.
Explanation - for the purposes of this section, "indigent" means any senior citizen who is not having sufficientmeans/ as determined by the State Government/ from time to time, to maintain himself
CHAPTER IV: PROVISIONS FOR MEDICAL CARE OF SENIOR CITIZEN
20. Medical support for senior citizens
The State Government shall ensure that -
1, the Government hospitals or hospitals funded fully or partially by the Government shall provide beds for allsenior citizens as far as possible;
2, separate queues be arranged for senior citizens;? farilirrr far tro3f6gnt of ChroniC, terminal and degeneratiVe diSeaSeS iS expanded for senrOr citizenS;4, research activities for chronic elderly diseases and ageing is expanded;5, there are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer
with experience in geriatric care,
CHAPTER V: PROTECTION OF LIFE AND PROPERTY OF SENIOR CITIZEN
21. Measures for publicity, awareness, etc. for welfare of senior citizens
The State Government shall, take all measures to ensure that -
i. the provisions of this Act are given wide publicity through public media including the television, radio and theprint, at regular intervals;
ii. the Central Government and State Government Officers, including the police officers and the members of thejudicial service, are given periodic sensitization and awareness training on the issues relating to this Act;
iii, effective co-ordination between the services provided by the concerned Ministries or Departments dealingwith law, home affairs, health and welfare, to address the issues relating to the welfare ofthe senior citizensand periodical review of the same is conducted.
22. Authorities who may be specified for implementing the provisions of t!;is Act
1, The State Government may, confer such powers and impose such duties on a District Magistrate as may be
'^ ensure that the provisions of this Act are properly carried out and the District Magistrate mayl|ELEJSOr y/ LU
^^^^i8,, r\^ ^c()psL'y .,,= ,,,icer, subordinate to him, who shall exercise all or any of the powers/ and perform all or any ofthe duties, so conferred or imposed and the local limits within which such powers or duties shall be carried
- out by the officer as may be prescribed,2. The State Governmentshall prescribe a comprehensive action plan for providing protection of liie and
property of senior citizens.
23. Transfer of property to be void in certain circumstances
1. Where any senior citizen who, after the commencement of this Act, has by way of g,fr or otherrvise, hisproperty, subject to the condition that the transferee shall provide the basic amenitles and basic physicalneeds to the transferor and such transferee refuses or fails to provide such amerit,es and physical needs,the said transfer of property shall be deemed to have been made by fraud or coercion or under undueinfluence and shall at the option ofthe transferor be declared void by the Tribunal,
2. Where any senior citizen has a right to receive maintenance oui of an estate anc such estate or pa(t ,
thereof is transferred, the right to receive maintenance may be enforcec against the t-ansferee if thet-^^^6^-^^ "-i notice of the riqht. or lf the transfer s c'aturter:s; b-:.ot aoainst:le t-arsferee forLt dil>tct cc ilo:
consideration and without notice of right,3, If any senior citizen is incapable of en'o-: --: tr: -;-= --:=- s-:
on his behalf by any of the organisatcr -?'e'-e=:: - =r: =-a::-
PTER VI: OFFENCES AND PROCEDURE FOR TRIAL
24. Exposure and abandonment of senior citizen
Whc'-lver, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention ofwholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term whichmay extend to three months or fine which may extend to five thousand rupees or with both.
25. Cognizance of offences
1. Notwithstanding any thing contained in the Code of Criminal Procedure, 1973, every offence under this Actshall be cognizable and bailable.
2, An offence under this Act shall be tried summarily by a Magistrate.
CHAPTER VII: MISCELLANEOUS
26, Officers to be public servants
Every officer or staff appointed to exercise functions under this Act shall be deemed to be a public servant withinthe meaning of section 21 ofthe Indian Penal Code.
27. Jurisdiction of civil courts barred
No Civil Court shall have jurisdiction in respect of any matter to which any provision of this Act applies and noinjunction shall be granted by any Civil Court in respect of anything which is done or intended to be Cone by orunder this Act,
28. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Central Government, the State Governments orthe local authority or any officer of the Government in respect of anything which is done in good faith or intended tobe done in pursuance of this Act and any rules or orders made thereunder,
29. Power to remove difficulties
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published inthe Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to benecessary or expedient for removing the difficulty:
Provided thai no such order shall be made after the expiry of a period of two years from the dale of thecommencement of this Act,
30. Power of Central Government to give directions
The Central Government may give directions to State Governments as to the carrying into execulon of theprovisions of this Act.
31. Power of Central Government to review
The Central Government may make periodic review and monitor the progress of the implementation of theprovisions of this Act by the State Governments.
32. Power of State Government to make rules
1' The State Government may, by notiflcation in tire OillcialGazeffe. make rrrles for carrying out the purgosesof this Act,
2. \Vithout prejudice to the general:ty of the ic-e;c -_c !3,.,.-, s.r:r --':s ra', 3rc,4ce rc- -
2' i'te nanler of holc,'r: nc:''', -':a. s:c::^ 5 -<-:_::: :: sJ:: -J €s as rral/ De :-escrioed u"ce- s_r-s::-,a. 1] :' s:-: - S :
section 9;d. the scheme for management of oldage homes, including the standards and various types of scrviccsto
be provided by them which arc necessary for medical care and means of entertarnment to theinhabitants of such homes under sub-section {2) of section 19;
e. the powers and duties of the authorities for implementing the provisions of this Act, under sub-section(1) of section 22;
f. a comprehensive action plan for providing protection of life and property of senior citizens under sub-section (2) of section 22;
g. any other matter which is to be, or may be, prescribed3. Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of State
Legislature, where it consists of two Houses or where such legislature consists of one House, before thatHouse.
K,N.CHATURVEDI,Secy. to the Govt, of India
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dated 23r"d Nclvember,20tO.the Governor of Haryana i.s further pleased tO constitute'three members 1i-rne otficialmember and two non-official members) Tribunal under the Chairmanship of each Sub-Divisional Magistrate and three
members (one official member and two non-official members) Appellate Tribunal under the Chair"manslrip of each
District Magistrarc \tithin their respective jurisdictions. The tenure/duties of non-official mernbers of both the Tribunaland Appellate Tribunal will be as per conditions made in the Haryana Maintenance of Parents and Senior CitizensRules. 2009. which are as under :-Appellate Tribrrnal, Ambala
t. I)istrict Magistrate, Ambala
Non-Official Members
2. Sh. S.K. KhannaProfesscr.# I73, Palika Vihar, Ambala City.
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360 HARYANA GOVT. GAZ.(JYST. 29,
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No- s.o. 541cjL. 56n0[i .F,32n0(D.-In exercise of rhe powers conferredby sub-section (l) rerid:with sub-section (2) of section 32 of the Maintenance andwelfare of Parents and senior citizens Acr zwT (central Act 56 of 2007), theGovernor of Haryanahereby makes the fo[owing rules; regulatingihemaintenanceand welfare of parents and senior citizens namgly i:_ , , :
CHAPTER I'' :"':r I
iretiminary' "' . '
1' (1) These rules may be qalled the Haryana, Maintenance of parentsand Senior Citizens Rules. 2009.
(2) They shall come into force on the date of rhEir notification in theOfficial Gazette.
2. (1) In these rulas, unless the cggtext otherwise requires,-(a) "Act]' meqs.the M4i$tenance and Welfare of parents and
Senior Citizens Act,2fs l (56 of 2ffi2);
O) "Application,, means an applicafion made to a Tribunalunder Section 5;
(c) 'tslood relations,'in the context of a male and a femaleinmate, mean father-daughter, mother-son and brother_sister(not cousins);
(d) "conciliation officer" means any person or representativeof an organization referred to in explanation tosub-section (r) of section 5 or the Maintenance officerdqignated by the State Government under sub_section (l)of section 18 or any other person nominatedby the Tribunalfor this purpose;
(e) "Disfict Magislrate and collector" includes AdditionalDistrict Magisftnls of the District:
(f) 'Form" means a form appended to these rules;(g) "Inmate" in reration to an old age home, means a senior
citizen duly admitted to reside in such a home;
(h) 'Maintenance officer" means District Sociar werfare off,rcerof the District or any other officer equivalent to DistrictSocial welfare officer designated by the state Governmenr;
383
Short title andcommenceErent.
Defiaitions
384 HARYANA GOVT.GAZ. (EXTRA.), JUNE 19,2OO9(IYST. 29.I93I SAKA)
(i) "Opposite party" means the party against whom an
application for maintenance has b.:en filed under seciion 4;
(i) "Organization" means an association registered under the
Societies Registration Act, 1860 (21 of 1360) or any otherlaw for time being in force;
(k) "Presiding Officer" means an officer appointed to preside
over a Maintenance Tribunal referred to undersub-section (2) of section 7 or an Appellate Tribunal under
sub-section(2i of section 15;
(l) 'Schedule" means a Sctredule appended to these rules;
(m) "section' means a section of the Aci;
(n) "State Government" means the Government of the State ofHaryana.
(o) "Sub-Divisional Magistrate" includes Additional Sub-;
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.
CI{APTERII :
' Procedure for Maintenance Tribunal and Conciliation Offrcers
3. (1) Each Tribunal shall consist of three (3) members, one of them shall
be official member not below the rank of Sub-Dvisional Magistrate who shall be
the Chairperson. The two non official members shall be nominated by the Deputy
Cornmissioner and shall be approved and notified by the State Govern'nent from
amongst the following :-(i) one person from the reputed non governmental organization,
registered under the Societies Registration Act, 1860 (21 of1860) in the District working for the welfare of senior
citizens; and
(ii) one person who is a social worker of repute, who has been
directly engaged in welfare of senior citizens;
or
a reputed advocate from the district, who has worked in the
social welfare sector.
(2) The tenure of non-official members of the Tribunal shall be three
years.
(3) A non official mernber of the Triburtal shall be eligible forappointment for a rnaximum of two terms.
(4) A non-official member may tesign at any time by giving one
(5) The members of the Tribunal shall be paid, such travelling crlr
rneeting allowance or honorarium or remuneraticn as the State Govei-nmeni mi ydecide from time to time, but &is remuneration shall not be ieis than Rs- 500/- prsitting.
4. (l) The Tribunal shall hold its meeting at the place/tirne fixed by t! eChairperson.
(2) Office of the Tribunal shall be the office of its Cchairperson.
(3) Any decision taken by Chairperson, in an.emergent situaticrr,when the Tribunal is not sitting, shall require ratification by rhe Tribunal in fr.s
next sitting.
(4) The Tribunai shall take inio account the age, physical and menLirihealth background, economic status of the applicant and the.children or relatirefrom whom the relief is sought before making an order under the.Act
(5) In case of difference of opinion amongst the members, the malcrtydecision shall prevail.
5, (1) Every Tribunal shall prepare a panel of persons suitable forappointment as Conciliation Officer under sub-section (O of section 6, whirhshall include the Maintenance Officers designated.under. section 18. ;
(2) Persons refen'ed to under sub-rule (l), other than MaintenanreOfficers designated under section 18, shaii be chosen subject to fuifiiling tiefollowing conditions, namely:-
(a) he should be associated with an organisation which i sworking for the welfare of senior sitizens and/or wealersections, or in the area of education. health, povertl'-aileviation, women's empowerment, social welfare, rurlldevelopment or related fields, for at least two years with r nunblemished record of service;
6) he should be a senior office-bearer of the organisation; ar'd
(c) he should possess good knowledge of law:
Provided that a person who is not associated r:vith r norganisation of the kind mentioned above, may also be includrdin the panel mentioned in sub-rule (1) subject to fulfilling thefollowing conditions, namely: -(i) he must have a good and unblemished record of pub! c
service in one or more of the areas menlioned i n
clause (a); and
(ii) he should possess good knowledge of law.
(3) The Tribunal shatl publish the panel mentioned in sub-rule(l) t--rr
general information at least twice every year on lst January and lst Jrl yrespectively, and every time any change is effected therein.
38$
kocedure etc.in relatior toI lruuudt.Section ?.
Pancl forappointmeBt as
ConcilationOfficers.Section 5(1), 6(6)and l8(1).
kocedure forfiling anapplication formaintenance andits registration.Section 4 and 5.
Preliminaryscrutiny ofapplication.Section 4 and 5.
Notice to the
opposite party.Section.4.
386 HARYANA GOVT. cAZ. (EXTRA.), JUNE 19,2009(JYST. 29, I93I SAKA}
(4) Panel will be valid for two years.
(5) conciliation officer will be paid an honorarium per case senledby him, as may be fixed by the state Government from time to time, but not lessthan Rs.1000/- per case.
6. (l) An application for maintenance under secrion 4 shall be made inForrn A, to which a court fee samp of rupees five shall be affixed in the manner iaiddown in clauses (a) and (b) oisub-section (l) of section 5.
(2) On receipt of an application,under sub:rule (l), the presiding Offrcershall cause -
(a) its essential details to be entered in a Register of MaintenanceClaim Cases, to be maintained in such form as the StateGovemment may direct; and .:
(b) its acknowledgement in Form B to be given, notwithsa;dinganything coatained in de T tc the appiicant cr his aurhorisidrepresentative in case of.hand delivery, and its despatch by
. : post in other cases and the acknowledgement shall specify,inter- &lia, the registration number of the application.
(3) Where a Tribunal takes cognizance of a maintenance claim, suomotu, thePresiding officer shali, after ascertaining facts, gei Form A compieted asaccurately as possible, through the staff of the Tribunal, and shall, as far as possible,get it authenticated by the concerned senior citizen or parcnt, or any person ororganisation authorised by him and shall cause the same to be registered inaccordance with clause (a) of sub-rule(.2) above.
7. (l) On receipt of an application under sub-section ( I ) of section 5, theTnbunal shall satisfy itself that- , ' l
(b) the opposite party has, prima facie, an obligation to maintainthe applicant in terms of section 4.
' (2) In case where the Tribunal finds any lacunae in the application, itmay direct the applicant to rectify such lacunae within a reasonable time limit.
8. (l) Once the Tribunal is satisfied on the points mentioned insub-ruie(l) of rule 7, it shall cause to be issued to each person against whom anapplication for maintenance has been filed, a notice in Form c directing them toshorv cause why the application should not be granted, along with a copy of theapplication and its enclosures. jn the following manner : -
{a) by hand delivery (Dasti) through the applicant if he sodesires, else through a process server; or
(b) by registered post with acknowledgement due.
HARYANA GOVT. GAZ. (EXTRA,), JUNE I9,2OO9(JYST. 29,1931 SAKA)
387
(2) The notice shall require the opposite parry to appear in person' on
the date tg,be,specified in the notice and to show cause, in writin$, as to why the
application sirould not be granted and shalll also inform that, in case he fails to
iespond to it,,the Tribrrna'l shall proceed'€X:plrte.J I :
'j ' ,': (3) simultaneously with rhe issue of notiQQ under sub-rules (l) and (2),
the applicant (s) shall also be infbrmed of lhe datq mentioned in sub-rule (2), by a
notice issued in Form D. : ' ,, j.
:: .; $) Th" provisions of |der v of the Codeof Civil Procedure' 1908'
shall apply, *iutatis rnutandts, for thg purpose of seryice of notice under sub-rules
(2) and (3). '
'.9. In case, despite service of notice, thC opposite party fails to show cause hocedwe in case
in response to a notice, the Tribunai shall proceed ex parte, by taking evidence sf of non-
the applicant and qakilg such other rnqury as it deems fit,.ano siruttlass an order lfi:rT:ff.ttdisposing of tlre application. pa*y. Section 4.
10.' 'In case; on the date fixed in the notice issued under rule 8, the opposite hocedure, in case
pafiy appears and accepts his liability tc maintain-the anglfalt, and the'Yt :i"fJ"tf;:""1parties arrivE at a murually agreed settlement, the Tribunal shall pass an order
^latz<ii.-accordingly.
Ll. (l) An application by the opposite party, under the proviso to p166gflu1s fs1
sub-section (5) of section 5 to irnplead any other child or relative of the applicant impleading
shall be filed on the first date olhearing as specified in the hotice issued under :}'rti"r"".-sub-rule (2) ofrule 8: section 5.
' ' ' it at a later stage.
(2) Onreceipt of an application under sub-rule (1), the Tribunal shall,
ifit'isprinwfaciesafisfied,afterhearingtheparties'aboutthereasonablenessof, such application, issue.notice to such other chitd or relative to show cause why
they should not be impleaded as a party, and shall after giving them an opportunity
of being heard, pass an order regarding their impleadment or otherwise-
(3)Irrcase.theTribunalpassesanorderofimpleadmentundersu6-rule (2);it shall eause a notice to be issued to such impleaded party in Form C
in accordanee with rule 8-
lZ. (l) In case, on the date fixed inthe,notice issued under rule 8, the Reference to
opposite party appears and shows cause against the maintenance claim' the Tri$un4l conciliation
shall seek the opinion of both the parties as to whether they would like the mat-t:r fftil section 5'
' to be referred to a Ccnciliation Officer and if they express their willingness in this
behalf. the Tribunal shall ask them whether they would liks the matter to be referred
to a person included in the panel prepared under rule 5 or to any othel person
(2) If both the parties agree on any persQn' whether.included in the
panel under-rut" s o, otheiwise, tlie Tribunal shatt appoint such person as the
conciliation officer in the case , and shall refer the matter to him, through a lettef
inFormE.requestrngthbConciliationofficertotryandworkout.asettlemgntacceptabletobothparties,withinaperiodnotexceedingonemonthfromthedateof 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'
13. ( 1) Upcn receipt of a reference under rule { 12)' the Conciliation Cffi cer
shallholdmeetingswiththetwopartiesasnecessary'andshalltrytoworkoutasettlement acceptable ,o Uo* the parties' within a period of bne month from the
date ofreceiPt ofthe reference'
(2) If the Conciliation Officer succeeds in working out a settlement
acceptable to'both ihe parties, he shalldraw up a memorandry { t"UI*",i:Tform F, get it signed blboth parties, and forwand it with a report in Forrn G' along-
withallrecord,ottnecasere"eivedfromtheTribunal'backtotheTribunalwithin;;#;;; month from the receipt of the reference'
I (3) If the conciliation officer is unable to arrive-at a settlement within
one rronth'of receipt of a reference under rule (12), he shall *t"*-'h* papers
received from the Tribuial along with a report in the Form H, showing efforts made
;;;d nUo,r, "
settlem"-ni ani *t" polni* of difference between the two parties
which could not be reconciled'
14. ( 1) In case, the Tribunal receives a report from the Conciliation Officer
undersub-rulei2)ofrulet3,alongwithamemorandumofsefflement'itshallgivenotice to both parties io upp"^, itor" ir on a date to be specified in the notice'
and confimr the settlement'
(2) In case on the date specified in the notice- as above' the parties
appear before tn" r.it*ut and con{irm the settlement,,Tt]"1:t^before the
conciliation orticer, iie iribunal shall pass a final order as agreed in such
settlement-
15. (1) In case -'(i) the applicant(s) and'the opposite parties do::j agree fcrr
reference of their dispute to a Conciliation Officer as per
rule 12 ; or
(ii) the Conciliatizon Officer appointed under rule 12 sends a
repon under sub-rule (3) of rule 13' conveying inabiliry 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 rnonth; or
HARYANA GOVT. GAZ. (EXTRA.), JtiNE L9'2009 389
(JYST. 29, L93r SAKA)
(iv) in response to the notice issued under sub-rule (l) o1 rule
l4,one or bc'th rhe parties decline to confirm the settlsnent
worked out by the Conciliation Officer'
the Tribunal shall give to both the parties an opportunity of leading eviderc e in
,rlppo" tf ,n"i, ,erletdve claims, unO tttutt' aft-Li a summary inquiry as pror*ded
irrsubsection(1)gfsectionS'passsuchorderasitdeemsfit.TheTribunalernaytake evidence by way of an affidavit'
(2) In case a regular enquiry is requirccl' the Tribunal may give *quai
opportunides so borh tU" p"urti"r toi teaAi:r* ividence in support of rheir c'.:.ms'
A1 such evidence in suci proce"aings shall be taken in the presence of the children
or relative/relatiues against whom an-order for payment of maintenance is requ sted
;;;;rh;;;;;."oiJg. .;uu be recorded in theiame manner lt tuv-i': specified
l;; ;;";, cases. T-he Tribunat may take evidence by way of an affidavit.
(3) An order passed under rule 9'.rule l0 or under sub-rule (1) #ove
shall be a speaking o* lp"u*g out rhe facts of the case a$ ascerrained b1" the
Tribrmal, and the reasons for the order'
(4) While passing an order under sub+ule (1)' directing the opprsite
party to puy maint"n"n." toio applicant' the Tribunal shall take the folloxing
into consideration:
(a) amount needed by t!? applicant t" T:.o fri1,UTic.3eOs'
. especiatly food, clothing' accommodation and healttcare;
(b) income of the oPPosite PartY;
(c) value ol and actual and potential income from the prol€rty'
if any, of the applicant which the opposite party v*:uid
inherit and/or is in possession of; and
(d) Tribunal, if required' at any stage may ask thelvlainteii'mce,- :"Tr ":;#JJffi::fffi:;:
*u verifv the incone bv
i5) A copy of every order passed' whether final or interim' cn an
application, shall be given to &e applicantG) and the opposite party ortheir
representatives, in person, or shall Ueient to them through a process serverur by
registered Post.
16. The maximum rnaintenance allowance which a Tribunal may ordrn the
opposite party to pay shall, subject to a maximum of ten thousand rupees per
month, be fixed in such a manneithat ir does not exceed the monthly incomef rom
all sources of the opposit" pu'ty, divided by the number of persons in his firrnily
counting the applicant or'uppti"u"ts also among the opposite party's frnily
members.
Maximummaintenanceallowance.Section 9.
390 HARYANA GOVT. GAZ. (EXTRA.), JUNE 19, 2AO9
(JYST.29, 1931 SAKA)
. , CHAPTERIII
Procedure of Appellate Tribunal
17. The Appellate Tribunal shall consist of three members. The AppellateTribunal shall be presided over by the District Magistrate of the District or any
officer as rnay be nominaled by the State Govemment not blow the rank of District
Magistrate. The non -official members shall be nominated from the following
Category :-(i) a social workel or represbntative from Non-Governmental
Organization working forthg welfare of seniorcitizens: and
' (ii) an advocate who has wolked in the field of social welfare'
18. An appeal under sub-section (l) of section i6 shall be filed before the
Appetlate Tribun-al in Form f, and shall be accompanied by a copy of the impugned
order of the Maintenance Tribunal..
19. On receipt of an appeal, the Appellate Tribunil''shall register it in aregis.er to be maintained for the purpose in such forrn as the State Government
may direct, and shall, after registering such appeal, give a4 acknowledgement tothe appellant, specifying the appeal number antl the next dare of hearing, in
FromJ.
20. (l) On receipt of an appeal, the Appellate Tribunal shall, after
registering, the gase and aSsigning an appeal nUmb.er,.cause,iiotice to be served
upon the respondent under its seal and signature in Form K.
(2) The notice under sub.rule (1) shail be issued through registered
post with acknowledgement due, or tfuough a process server.
: (3) The provisions of Order V of the Civil Procedure Code shall apply
mutatis rnutandis for the prrposes of service ofnotice issued under sub-rule il)'CHAPTERIv
scheme for managemerat of old age homes established under section 19
21. All old age hornes in the State being run by the State Government or
by Non-Governmental Organizations with the help of any Govemment grant shall
be liable to aLcommodate such senior citizens who seek help under the Act before
the Tribunal if so ordered by the Tribunal. The facilities shall be provided to these
senior citizens on the same terms and conditions as are applicable to the other
inmates in these homes. All the Tribunals'shall haVe the authority to refer the
applicants to thes€ homes keeping in view their ecolomic status.
22. (l) Old age hornes established under secticn 19 shall be run inaccordance with the following norms and standards :-
(A) The home shall have physical facilities and shall be run inaccordance with the operatronal norms as laid down in the Schedule.
(B) Inmates of the home shall be selected in accordance with the followingprocedure:-
Scheme formanagement ofold age homesfor indigentsenior citizens,Section i9.
HARYANA GOVT. GAZ. (EXTRA')' ruNE 19' 2OO9
(JYST' 29' r93r SAKA)
391
applications shall beinvited at appropriate intervals' but at
least onee each year, t'o* l"Aig"nt seniorcirizens' as defined
in uo,lon tg oi ttre Act' desiious of living in the home;
incasethenumberofeligibleapplicantsonanyoccasionismore than ttre numuer ii places available in-a home for
;d*J;;, sJection of iomates will be madein the following
manner:-(i) the more indigent and needy will be given preterence
over the less indigent aPPlicants;
(ii) other things being equal' older senior citizens will'^'
;; given p:reference over the less old;
(iii) other things being equal' female' applicants will be--'
giuen pr"fo"tt"" over male applicants;
(iv) H,niilyffiK':m,"ffi';;ifi:Htr'lfHDistrict ivlagisn-ate or other competent authority'
designated by him for the purpose' is satisfied that
the senior citi'"n i' not in u nosrtionp.rryke a formal
apircntion' but is badly in need of shelter'
(C) While considering applicatiols o'r cases for admission' no'distinction
shall be made on the basis of religion or caste'
(D) The home shall provide sep:rate lodsing
for men and women inmates'
unless a male and a female inmut! aie either blood relations or a
married couPle '
@) Day-to-day affairs of the 91d-
age home shall be 'managed
by a
vtu.,ug"*Jni;;;il" *ntcn stratt be constituted in accordance
with orders and guidelines issued by the State Govemrnent from
time to time' such that inmates u'" ul'o suitably represented on the
Committee" :
pl t** *u"*-ent may issue detailed guidelineilorders from time
to,dme for admission irir;;;;;u!;*""1ot ota ugJnomes in accordance with
;;;;*t ""d standards as laid down in sub+ule (l)'
CHAruERV
Duties and powersof the District Magistrate
23.(|)TheDistrictMagistrateshal}performthedutiesandexercisetheDutiesandpower:.powers mentioned io uui-r.rf", tI) una tll ,o uJtolns-ure that the provisions * th"
il#:t:"li:,Act are property "u"'"Jo*
in his district' section 19 and 2i
(2) It shall be ttre duty of the District Magistrate to -
(t ensure that tife and property of senior citizens of the district
are protected and they t" aUte to live with security and
(x)promoteestablishmentofdedicatedHelp|inesforseniorcrtizens at district headquarters' to begin with; and
(xi) perform such other functions as the State Govelnment may'
by order' assign to the District Magistrate in this behalf'
from time to time"
(3)withaviewtoperformingthedutiesmentionedinsub-rule(2)'theDistrictMagistrateshallbecompetenttoissuesuchdirections'notinconsistentwith the Acl these rules, and general guidelines of the state Government, as may
H.AJRYANA GOVT. GAZ. (EXTRA.), JLINE 19" 2OO9
(JYST. 29,I93I SAKA)
be necessary, to a!!y concerned government or statutory agenc'y or body working
in the district, and especially to the following:
(a) offtcers of the State Government in the Police; Health and
Publicity Departments, and the Department dealing with
welfare of senior citizens;
(b) maintenance Tribunals and Conciliatron Officers;
(c) panchayats and municipalities; and
(d) educational institutions.
(4) ln order to implementthe provisions of the Act, Distnct Magistrate
or an officer designated by the District Magistrate not below the ra4k of Sub-
Divisional Magistrate, shall have the power to refer fhe casti of a senior citizen who
may be considered "indigent" under the provisions of section 19, to the Tribunal'
(5) In case of a dangef to lif€ or property of a senior citizen; ir shall be
the duty of the DistrictMagisaate or an offrcer 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 officel subordinate to him duly authorized
to prolnid" shelter in an oid age home being run by the State Golernment or Non
Governmental Organization.
(7) The District Magistrate or an officer subordinate to him shall also
make suitable aratrgements for medical Care for abandoned and indigent senior
citizen in case of emergencY
(8) A senior citizen shall be considered "indigent'r under section 19 ifhis monthly income is less than Rs. l50O/--
CHAPTERVT
Protection oflife and property ofsenior citizens
24. Anacrion plan under section 22 (Z) shall be notified by,the,s-tate
Governrnent within a period of six months from the date of publication of these
rules in the Official Gazette and may be revised from time to time'
C}IAPTERVII
STATE COUNCIL AND DISTRICT COMMITTEES OF SEMORCITIZENS
25. (1) The State Governrnent may, by order, establish a State Council of
Senior Citizens to advise the State Government on effective implementation of the
Act and to perform such other functions in relation to senior citizens as the State
Government may sPecifY. '
393
Action pian forthe protection oflife and propertyof seniorcitizens. Section)7
State Council ofSenior CitizensSection 32(2).
HARvANA covT. GAZ. (EXTRA')' JUNE
(JYST.29, 1931 SAKA)
(2) The State Council shall consist of the following members'
19,20w394
namelY:-
(i) Minister Social Welfare : Chairman, ex-officio
(ii) SecretariesofDepartmentsofSocial : Members'ex-officio
" Jostic" andEmpowerment' Secretaries'
ff"uf tn, Home'-Publicity' Publig Reladons'
;il;;r General of Police and Legal -
Remembrancer and other subjects of
concern to the senior citizens
(iii) Three specialists and activists in the : Members
field of welfare of senior citizens' to
be nominated by the State Goveinment
fiv) Three of eminent senior citizens to be : Members
'^'' no**rcd bY the State Government
(v) Director inclrarge of Senior Citizen's ' Y#t[;:e$etlrv'Welfare in the State
(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
nnembers, rules of proceoor" oii" councrl and other ancillary matters shnll be for
a Period of two Years'
District 26' ( l)The Stlte C1^v^e;nrnent may' by order' establish a District Committee
Committee of of senior citizens fo, "o"ft-iitt'i"i io "atit"
in effective and coordinated
Senior Citrzers. implementation of the g"t ut *rJairrict t"uel' and to perform such other functions
section 3z(2), in ielation to senior citizens ", ,rt"?roi.t level, as the State Government may
sPecifY'
(2) The District Comminee shall meet once every quarrer
than ex-officio members)' *i"""i F*:': *"':fer ancillarv matters shall be
such as the State Government may' bY order' spectty'
HARYANAGOVT. GAZ, (EXfRA.),JUNE 19,2009 395
FORM A
fSeerule6(1)ann(3)]Application for maintenance under section 5 (1) (s) and (h) of the Aet
Sub- Division :._........:...........
District........;
l. Name of the applicant :
2. Nanne of Father/ Husband :
3. Complete Postal address : Village .. Road
WandNo.
Police Station ..,........................
PostOffice -..
Dstrict.........
4. Name'of Children/Relative from whom maintenance claimed :
5. Present Address of Children / Relatives :
Village .......................-.... Road.
WardNo.
Policestation
Post Office .................... Pin Code
District...............................
6. Permanent Address of Children / Relative:
District
7. Yearly income of the ChildrenrRelative from all sources:
8. Details of order against which the present appeal is being filed:
9. Grounds of Appeal
10. Relief, prayed fc :
I l. Interim prayer, ifany :
verification Applicant
,I do hereby verify that the statements made above by me are true to the bestof my knowledge aad belief and in verificatiron thereof I put my signaturehereunder:
$ignatuc of &e applicart.
t="
396,., +IARYAIIACOVT. GAZ,(EX1RA.), JUNE 19, 20@(.IYST. Zg. t93r SAKA)
:'
FORM B
I See rule 6(2) (bl I
. .' :
Acknowledgqent
Received from Smt/Shrillv{s.......................... $on/Daughtqr gf Smt/Shri/Ms.............sub-section (l)'of section 5 of tfie Maintenancb and Weifare of Parents tand SeniorCitizens Act,2007 which has been registered and assigned theApplicationNo ...... of........,.
Signanrewith Seal
L
HARYANA GOVT. CnZ. (EXTRA.), ffNE 19;2009 397
(JYST,29, l93l SAKA)
FORM ..C
I See rule 8(l).]
Before the Presiding Offrcer, Maintenance Tribunat
ApplicationNo
Sh-/Smt.
..-,r..,....rr....-..,,.,.;,. :.. ::AppliCAnt
Versus
Sh-1Smt.
-...-.... Respondent
NOTICEOFCAUSE
, Whereas an application for maintenance under section 5(1) of theMaintenance and Welfare of Parents and Senior Citizens Act" 2S?, has been filedwherein you have been joined as respondenrirnd of which acopy isencloSed, has
been presented before this Tribunal.
You are hereby informed that tlte said application has bbin fixed for hearing
at ................ A.M on and that if you wish to state anything in reply to the
application,you may'appear beforei this Tribunal on tlat date' and file yourwritten statement 3 (Three) days before that day either in psrson u through any
Advocate duly instructed in tliis behalf.
Take notice that in default of your appearance onThe'd:r*e aforcmentioned,
the case shal! be heard and decided in your absence.
Givenundermy hand andthe seal of &eTribunalrhis---.-"".-..,-..--..'.-.,..-.day
the conciliarion officer under the provisions of the Maintenance and welfare of
Parents ond Senior Citizens Act, 2007'
2. That vide otdet dated ' this learned Tribunal directed to
work out a settl€ment 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 dated ' with the
besteffortsoftheConciliationofficer,aMemorandumofSettlementdated...has been reacned wtr;cfis acceptable to both the parties.( copies to be attached)'
4.Thatthefollowingisthedetailedreportwhichhasledtotheworkingout of the enclosed Memorandum of Settlement'
Report:-
ITARYANA GOVT. GAZ. (EXTRA.), JUNE r9,2W9 4O3(JYST. 29, 1931SAKA)
FORM H
I See rule 13(3) ]Before f:he *"*ru-* oT:ffiT;.::
:::lTl .
Sh"/Smt.
Versus
Sh.1Sml
Respondent
Respecttully showeth:
l. That this learned Tribunal was pleased to designate the undersigned as
the Conciliation Officer under the provisions of the Maintenalce and Welfare ofParents and Senior Citizens Act, 2007.
2.That-vide order dated ......;........ ........ this learned Tribunaldirected to work oui'a'settlement which is acceptable to tloth the pafties and todraw up a Memorandum of Settlement.
3: That in pursuance to the orders of this Tribunal, the Conciliation Officervide his letter dated ..
4. That on the date fixed, both the parties appeared before &e ConciliationOffrcer.
5. That on the date fixed, an acceptable settlement could not be reached,However, the parties were again summoned for ..............;.................... ..and............. .,'.Buteventhennosetlementcould be reached.
6. That since no settlement could be worked out between the parties inspiteof the best efforts of the Conciliation Officer, as per the details given below :*
7. That the points of difference due to which the matt€r could not berecorciled 31s 4s gndsl ;-
1.
2. ................................:.........
3. ...-...............
8. That in view of the facts stated above, the cirbumstances demand thatthis learned Tribunal may proceed further in the matter as it deems fit and properin the circumstances of thiS case and the papers received from this Tribunal are
T.Yearlyincomeo.ftheChi.'ldrerr/Relativefromallsources:-,..8. Details of order against which the present appeal is being filed:
9. GroundsofAPPeal:
10. Relief, PraYed for:
Intefim Prayer, if anJ; .
APPlicant
Verification
Idoherebyverifythatthestatementsmadeabovebymeafetnretothebestofmyknowledgeandbeliefandinverificationthereofl'putmysignaturehereunder: ' Signature of the aPPlicant
ReceivedfromSmtJShrilfuts....l:';;11;';i.,:.1;.,So:rof SmtJS!1n4s-- ... -.. . '-' 'fow cOpies of rhe appeal preferred under sub section (l) of section 16 of the
: i". ..
Maintenance and Welfare of Parerrts qndSenior Citizens Act, 2007 against thc
order dated .,..........,-...... passed by the Maintenance Tribunal,
........,..-........-.-'...............j.........-....wiichhasUoen;e$tr&Orlndxsignedilie'Aip"tt::Ns.....,...,..,..-:...:...-.-.-....,.....--..,.of ..r...-...",-.-Thetlare ofhearingofsppel is fixd
for ......:...,............,.......,4t...-,....-.....,.....,--.'A'l\fu?.M'' :: 'r 'J-' ' l
Whereas an appeal under section 16( I ) of ihe ivfairrtenarrce ar-rd Welfar-e ofParentsandSeniorCitizensAct,2o07,against.theorderdated..'........passed by thd Maintenance Tribunal, has been'filed, *herein you have been
joined as respondent and of which a gspy is erclosed, has been p'resented before
this Appellate Tribunal; i
Now, you are hereby informed that the said appeal has been fixed forhearing at ....................;....,A.M on..........'.....'..1and that if youwish tourgeanything
in reply to the appeal, you may appear.before this AppellateTribunal on that date,
an{ file your written statement 3 (Three) days before that day either in person ofthrough 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 undermy hand and the seal of theTribunal this -'..-.'--.-.".'.--'..iay
BY ORDER. OF THE APPELLATE TRIBUNAL, --.-. ..-. (Name of district)