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The Punjab Maintenance and Welfare of Parents and Senior Citizen Rules, 2012

Published vide Notification No. G.S.R. 58/C.A. 56/2007/S.32/2012., dated 17.10.2012

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Government of Punjab

Department of Social Security

(Dibalites Branch)

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

(b) "Application" means an application made to the tribunal under section 5 of the Act;

(c) "Blood Relations", In the Context of a male and a female inmate, means father-daughter, mother-son, and brother-sister but not cousins;

(d) "Conciliation Officer" means any person or representative of an organization referred to in explanation to sub-section(1) of section 5 or the Maintenance Officer designated by the State Government under sub-section(1) of section 18 or any other person nominated by the tribunal for this purpose;

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

(f) "Indigent Senior Citizen" means a person whose monthly income is less than rupees one thousand and five hundred;

(g) "Inmate" in relation to an old age home, means a senior citizens duly admitted to reside in such a home;

(h) "Maintenance Officer" means the District Social Security Officer of the District or any other officer not below the rank of a District Social Security Officer so designated by the State Government;

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

(j) "Organization" means an association registered under the Societies Registration Act, 1860 or any other law for time being in force;

(k) "Presiding Officer" means an officer appointed to preside over a Tribunal envisaged in sub-section (2) of section 7 or sub-section (2) of section 15;

(l) "Section" Means a section of the Act; and

(m) "State Government" means the Government of the State of Punjab in Department of Social Security;

(a) Its essential details to be entered in a Register of Maintenance claim cases, to be maintained in such a manner as the State Government may specify by an executive order; and

(b) Notwithstanding any thing contained in rule 4, its acknowledgment in Form 'B' to be given to the applicant or his authorized representative in case of delivery by hand, but if sent by post, the acknowledgment shall also specify the registration number of the application.

(a) The application is complete in all respects, and

(b) Opposite part has, prima facie, an obligation to maintain the applicant in terms of section 4.

(a) by hand delivery (Dasti) through the applicant, if he so desires, else through a process server; or

(b) by registered post with acknowledgment due, or through E-mail, authorized Courier, S.M.S. or telephone.

(i) the applicant(s) and the opposite parties do not agree for reference of their dispute to a Conciliation Officer as per rule 12; or

(ii) the Conciliation Officer appointed under rule 9 sends a report under sub-rule (3) of rule 13 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 reference made under sub-rule(2) of rule 13 and 14 and referred to the Tribunal by the Conciliation Officer, one or both the parties decline to confirm the settlement worked out by the Conciliation Officer,

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

(b) In come 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 or already in his possession; and

(d) The Tribunal may, at any stage, ask the Maintenance Officer or any official to inspect the property of the applicant, evaluate it and verify income derived there from.

(a) by hand delivery (dasti) through the applicant, if he so desire, else through a process server; or

(b) by registered post with acknowledgement due, or through E-mail., authorized Courier, S.M.S. or telephone.

(A) The old-age homes shall provide to the senior citizens all the basic amenities including food, clothing, accommodation and healthcare;

(B) Inmates of old-age homes shall be selected in accordance with following procedure:-

(a) application shall be invited at appropriate intervals, but at least once in each year, from indigent senior citizens, desirous of living in the old-age home;

(b) in case the number of eligible applicants on any occasion is more than the number of vacancies available in a home for admission, selection of inmates shall be made in the following manner:-

(i) the more needy shall be given preference over the less needly applicants;

(ii) other things being equal, older senior citizens shall be given preference;

(iii) other things being equal female applicants shall be given preference; and

(iv) Illiterate or infirm senior citizens may be admitted without any formal application, if the District Magistrate or any other officer authorized by him this purpose, is satisfied that the senior citizens is not in a position to make a formal application, but is really in need of shelter.

(C) while considering applications or case for admission to the old-age homes, no distinction shall be made on the basis of religion or caste;

(D) The old-age homes shall provide separate longing for men and women inmates, unless a male and a female inmate are either blood relation or a married couple; and

(E) Day to day affairs of the old-age homes shall be managed by a Management Committee, which shall be constituted by the District Magistrate in accordance with the orders and the guidelines issued by the State Government from time and the inmates of the old-age homes shall also be suitably represented in the said Committee.

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

(ii) over see and monitor the work of the maintenance Tribunal and the Maintenance officer of the district with a view to ensuring timely and fair disposal of application for maintenance and execution of Tribunal 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 by the guidelines issued in this respect by the Government from time ti time.

(iv) ensure regular and wide publicity of the provisions of the act and the central and the State Government programmes for the welfare of senior Citizen;

(v) Encourage and co-ordinate with panchayats municipalities Nehru Yuwa Kendras, Educational Institutions and especially National Service Units, Organizations, Specialist experts, activities etc, Working in the district so that their resources and effort are effectively utilized for the welfare of senior citizen of the district.

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

(vii) ensure periodic sensitization of officers of various Department and Local Bodies associated with the welfare of senior citizen towards the needs of such citizens and the duties of the officers towards such senior citizen;

(viii) review the progress of investigation and trial of cases relating to senior citizen in the district, except in cities having a Police Commissioner.

(ix) ensure that adequate number of prescribed application forms for maintenance are available with Panchayats , Post Offices, Block Development Officer, Tehsil Offices, Collectorate and Police Station etc.

(x) promote establishment of dedicated helplines for senior citizens at the district headquarter; and

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

(a) Officers of the State Government in the Police Department, Health and Family Welfare Department, Information and Public Relations Department and the department dealing with the welfare of senior citizen;

(b) Maintenance Tribunal and the Conciliation Officer;

(c) Panchayats and Municipalities; and

(d) Education Institutions.

a)	the Minister, Social Security and Women and Child Development, Punjab	Chairman Ex-officio
b)	the Principal Secretary to the Government of Punjab, Department of Social Security and Women and Child Development, Punjab	Member Ex-officio
c)	the Principal Secretary to the Government of Punjab, Department of Health and Family Welfare;	Member Ex-officio
d)	the Principal Secretary to the Government of Punjab, Department of Home Affairs and Justice;	Member Ex-officio
e)	the Principal Secretary to the Government of Punjab, Department of Public Relation;	Member Ex-officio
f)	the Director General of Police Punjab;	Member Ex-officio
g)	the Legal Remembrancer and Secretary to Government Punjab Department of Legal and Legislative Affair;	Member Ex-officio
h)	The Director, Social Security	Member Ex-officio
i)	three specialist and activities in the field of welfare of senior citizen to be nominated by the State Government ; and	Member
j)	three eminent Senior Citizen to be nominated by the State Government	Member

Form - A

[(see rule 3(1) and (3))]

Application for maintenance under section 5(1)(a) and (b) of the Act.

Applicant

Signature of applicant

Form - B

[(See rule 3(2)(b))]

Acknowledgment

Signature with Seal

Form - C

(see rule 5(1) and 11(3))

Before the Presiding Officer Maintenance Tribunal

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

..................................................... Applicant

Versus

..................................................... Respondent

Notice of Cause

Signature with seal.

Form - D

[(see rule 5(3))]

Before the Presiding Officer Maintenance Tribunal

(Exercising the power of Appellate Tribunal under section 5(1) of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.)

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

Smt./Shri/Ms .......................................................

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

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

..................................................... Applicant

Versus

..................................................... Respondent

Notice

Signature with seal

Form - E

[see rule 12(2) and (3)]

Before the Presiding Officer Maintenance Tribunal

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

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

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

Presiding Officer

Maintenance Tribunal

Form - F

[see rule 13(2)]

Memorandum of Settlement

1. That the Second Party has agreed to maintain the first party to provide such need of the life like shelter food clothing medical facilities etc. which shall made the second party to lead a normal life.

2. That the second party shall pay a sum of Rs. ..................... to the first party on account of pocket money as well as to meet the day to day petty expenses. This will be paid through ..................... mode of payment by ....................... date of every month.

3. That if at any stage the second party fails to provide the facilities mentioned in the sub stage the sub clause (1) then the second party shall pay a sum of Rs. ............... per month as a Maintenance Allowance to the first party. This amount shall be paid by date of every month through ............................ mode of payment.

4. The second party undertake that in case he/she fails to (sic) by the terms and condition of this MoS then the second party shall be liable to be proceeded against under the provision of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 as well as the rules framed thereunder.

Note : Also include any other terms and condition of the settlement here.

Second Party

Form - G

[see rule 13(2)]

Before the Presiding Officer Maintenance Tribunal

Applicant

Versus

Respondent

1. That this learned Tribunal was pleased to designate the undersigned as the Conciliation Officer under the provision of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.

2. The vide order dated ........................... this learned Tribunal directed to work out a settlement which is acceptable to both the parties and to draw up a Memorandum of Settlement.

3. That in pursuance to the orders to this Tribunal dated .............................. with the best effort of the Conciliation Officer a Memorandum of Settlement date ........................ has been reached which is acceptable to both the parties (Copies to be attached).

4. That the following the detailed report which has led to the working out of the enclosed Memorandum of Settlement.

Report

Conciliation Officer

Form - H

[see rule 13(3)]

Before the Presiding Officer Maintenance Tribunal

Applicant

Versus

Respondent

1. That this learned Tribunal was pleased to designated the undersigned as the Conciliation Officer under the provision of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.

2. The vide order dated ........................... this learned Tribunal directed to work out a settlement which is acceptable to both the parties and to draw up a Memorandum of Settlement.

3. That in pursuance to the order of this Tribunal the Conciliation Officer vide his letter dated..................... summoned both the parties to appear before him on .................... at ............. a.m.

4. That on the date fixed both the parties appeared before the Conciliation Officer.

5. That on the date fixed an acceptable settlement could not be reached. However the parties were again summoned for .............. and .................. But even then no settlement could be reached.

6. That since no settlement could be worked out between the parties inspite of the best effort of the Conciliation Officer as her the details given below :-

a) .....................................

b) .....................................

7. That the post of difference due to which the matter could bot be reconciled are as under:-

1. ......................................

2. ......................................

3. ......................................

8. That in view of the fact stated above the circumstance demand that this Id. Tribunal may proceed further in the matter as deems fit and proper in the circumstance of this case and the paper received from this Tribunal are return wherewith.

Conciliation Officer

Form - I

[see rule 17]

Appeal for Maintenance under section 16 of the Act before Appellate Tribunal

(From for filing an appeal before the Appellate Tribunal under section 16(1) of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007)

Appellant

Signature of applicant.

Form - J

[see rule 18]

Before the Appellate Tribunal

Signature with Seal

Form - K

[see rule 19(1)]

Before the Appellate Tribunal

Applicant

Versus

Respondent

Notice of Cause

Signature with seal