Madhya Pradesh Maintenance and Welfare of Parents and Senior Citizen Rules, 2009

[2nd July, 2009]

Published vide Notification No. F.1-22-2009-26-2., dated 2.7.2009

F.1-22-2009-XXVI-2. - In exercise of the powers conferred by sub-section 1 of section 32 of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (No. 56 of 2007) the State Government hereby makes rules namely:-

CHAPTER I Preliminary

Rule 1. Short title and Commencement.

(1)     These rules may be called as Madhya Pradesh Maintenance and Welfare of Parents and Senior Citizen rules, 2009.

(2)     The shall come into force from the date of their publication in the Maintenance Pradesh Gazette.

Rule 2. Definitions.

(1)     In these rules, unless the context otherwise requires:-

(a)      "Act" mean the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (No. 56 of 2007);

(b)      "Application" means an application made under section 5;

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

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

[1][(da) 'Government employee' means:-

(i)       The Government Officer or employee working under the Government of Madhya Pradesh working under the Government of Madhya Pradesh and who is appointed on regular pay scale on contract basis; or

(ii)      Any Officer or employee under the Central Government who is receiving Salary from the State Government; or

(iii)     Any Officer or employee working under the Semi-Government undertaking and Corporation or Board of the State Government; or

(iv)    Any Officer or employee of local bodies such as Municipal Corporation, Municipality, Zila Panchayat, Janpad Panchayat or Gram Panchayat under the control of the State Government; or

(v)      Any Officer or employee of all Institution who are receiving grant from the State Government;]

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

(f)       "Opposite party" mean the party against whom an application for Maintenance has been filed under section 4;

(g)      "Presiding Officer" means an officer appointed to preside over a Maintenance Tribunal referred to under sub-section (2) of section 7, or an Appellate Tribunal under sub-section (2) of section 15;

(h)     "Section" mean a section of the Act;

(i)       "State Government" means the Government of Madhya Pradesh.

(j)       "Senior Citizen" means any person being a citizen of India, who has attained the age of sixty year of above;

(k)      "Tribunal" mean the maintenance tribunal constituted under section 7 of the Act;

(l)       Words and expressions used in the Act but not defined in these rules shall have the same meanings as assigned to them in the Act.

CHAPTER II Procedure for Maintenance Tribunal and Conciliation Officers

Rule 3. Panel for Appointments as Conciliation Officers.

(1)     Every Tribunal shall prepare a panel of person suitable for Appointment as Conciliation Officer under sub- section (6) of section 6, which shall included the Maintenance Officers designated under section 18.

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

(a)      he should be associated with an organisation which is working for the welfare senior citizen and or weaker section 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 organisation; and

(c)      he should possess good knowledge of law;

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

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

(ii)      he should possess good knowledge of law,

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

Rule 4. 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 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.

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

(2)     Where a Tribunal takes cognizance of a maintenance claim, suo motu the Presiding Officer shall after ascertaining fact gets Form "A" completed as accurately as possible, through the staff of the Tribunal and shall as far as possible get is authenticated by the concerned senior citizen or parent or any person or orgainsation authorised by him and shall cause the same to be registered in accordance with clause (a) of sub-rule (2) above.

Rule 5. Preliminary Scrutiny of the application.

(1)     On receipt of an application under sub-section (1) of section 5 of 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 find any lacuna in the application it may direct the applicant to rectify such lacuna within a reasonable time limit.

Rule 6. Notice to the Opposite Party.

(1)     Once the Tribunal is satisfied on the point 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 alongwith a copy of the application and its enclosures in the following manner:-

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

(d)      by registered post with acknowledgment due.

(2)     The notice shall requires the opposite party to appear in person on the date ti 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-rule (1) and (2) the applicants shall also be informed of the date mentioned in sub-rule (2) by a notice issued in Form "D".

(4)     The provision of Order V of the Code of Civil Procedure 1908, shall apply mutatis mutandis for the purpose of service of notice under sub-rule (2) and (3).

Rule 7. Procedure in case of non-appearance by the Opposite Party.

In case despite service of notice the opposite party fails to show cause in response to a notice the tribunal shall proceed ex parte by taking evidence of the applicant and making such other inquiry as it may deems fit and shall pass an order disposing of the application.

Rule 8. 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.

Rule 9. Procedure for impleading children or relatives.

(1)     An application by the opposite party under the proviso to sub-section (5) of section 5 to implead any other child or relative of the applicant shall be filed on the first date of hearing as specified in the notice issued under sub-rule (2) of Rule 6.

Provided that no such application shall be entertained after such first hearing unless the opposite party shows sufficient cause for filing it at a laters stage.

(2)     On receipt of an application under sub-rule (1) the Tribunal shall if it is prima facia satisfied after hearing the parties about the reasonableness of such application issues 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 pas 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.

Rule 10. Reference to Conciliation Officer.

(1)     In case on the date fixed in the 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 would like the matter to be referred to Conciliation Officer and if they express their willingness in this behalf the Tribunal shall ask them whether they would like the matter to e 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.

Rule 11. Proceedings by Conciliation Officer.

(1)     Upon receipt of a reference under rule 10 the Conciliation Officer shall hold meeting 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 record 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 as settlement within one month of receipt of a reference under rule 10 he shall return the papers received from the Tribunal along with a report in Form "H" showing efforts made to bring about a settlement and the point of difference between the two parties which could not be reconciled.

Rule 12. Action by the Tribunal in case 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 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.

Rule 13. Action by the Tribunal in other case.

(1)     In case -

(i)       the applicants and the apposite 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 ti work out a settlement acceptable to both the parties; or

(iii)     no report is received form a Conciliation Officer within the stipulated time limit of one month; or

(iv)    in response to the notice 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 claim 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 ascertained by the Tribunal and the reason for the order.

(3)     While passing an order under sub-rule (1) directing the opposite party to pay maintenance to an applicant the tribunal shall take the following 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 applicants and the opposite party or their representatives in person or shall be sent to them through a process server or by registered post.

[2][Rule 14. Maximum maintenance allowance.

The maximum maintenance allowance which the 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 person in his family, counting the applicant or applicants also among the opposite party family members. If the Son/Daughter or relative of the applicant is in Government Service or in Service of any undertaking/Local Bodies/Institutions, the Tribunal may by Order direct the employer to deduct upto 10 percent amount (subject to maximum of Rupees 10,000/- from the monthly Salary of the aforesaid persons and deposit the deducted amount every month directly in the Bank account of the Applicant.]

CHAPTER III Procedure of Appellate Tribunal

Rule 15. Form of appeal.

An appeal aggrieved by an order of a Tribunal 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.

Rule 16. Registration and acknowledgment of appeal.

On receipt of an appeal the Appellate tribunal shall register to be maintained for this purpose and shall after registering such appeal give an acknowledgment to the appellant specifying the appeal number and the next date of hearing in Form "J".

Rule 17. 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 acknowledgment due or through a process server.

(3)     The provision of Order V of the Civil Procedure Code shall apply Mutatis Mutandis for the purposes of services of notice issued under sub-rule (1).

CHAPTER IV Scheme for Management of old age home established under section 19

Rule 18. Scheme for Management of old age homes for indigent senior citizen.

(1)     Old age homes established under section 19 shall be rum in accordance with the following norms and standard:-

(A)     The homes shall have physical facilities and shall be run in accordance with the operational norms as the state Government may direct.

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

(i)       application shall be invited at appropriate interval but at least once each year from indigents senior citizen, as defined in section 19 of the Act desirous of living in the home.

(ii)      in case the number of eligible applicants on any occasion is more then the number of places available in a home for admission selection of inmates will be made in the following manner:-

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

(b)      other thing being equal older senior citizen will be given preference over the less old, and

(c)      other things being equal female applicants will be given preference over male applicants

Illiterate and/or very infirm senior citizens may also be admitted without any formal application if the District Magistrate or other competent authority designated by him for the purpose, is satisfied that the senior citizen is not in a position to make a formal application, but is badly in need of shelter

(C)     While considering applications or cases for admission, no distinction shall be made on the basis of religion or caste;

(D)     The homes shall be provide separate lodging for men and women inmates, unless a male and a female inmate are either blood relations or a married couple;

(E)     Day-to-day affairs of the old age home shall be managed by a Management Committee which shall be constituted in accordance with order and guidelines issued by the State Government from time to time, such that inmates are also suitably represented on the Management Committee.

(2)     The State Government may issue detailed guidelines/order from time to time for admission into and management of old age homes in accordance with the norms and standard laid down in sub-rule (1).

(3)     All old age homes shall be open to visitors with the permission of the management as the management consider appropriate keeping in view the security welfare of the interest of the inmate.

CHAPTER V Duties and Powers of the District Management

Rule 19. Duties and power 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 provision 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 citizen of the district are protect and they are able to live with security and dignity:

(ii)      oversee and monitor the work of maintenance Tribunal and Maintenance Officers of the district with a view to ensuring timely and fair disposal of application for Maintenance and execution of Tribunal order;

(iii)     oversee and monitor the working of old age homes in the district so as to ensure that they conform to the standard laid down in these rules and any other guide lines and order of the State Government;

(iv)    ensure regular and wide publicity of the provision of the Act and Central and State Government programmes for the welfare of senior citizen;

(v)      encourage and co-ordinate with panchayats, municipalities, Nehru Yuwa Kendras, educational institutions and especially their National Service Scheme Units Organisation, specialists, experts, activists, etc. working in the district so that their resource efforts are effectively pooled for the welfare of senior citizen of the district;

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

(vii)   ensure periodic sensitization of officers of various Department and Local Bodies concerned with welfare of senior citizen 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 citizen in the district.

(ix)    ensure the adequate number of prescribed application forms for maintenance are available in officers of common contact for citizen like Panchayats, Post office, Block Development Office, Tehsil Office, Collectorate, Police Station etc.;

(x)      promote establishment of dedicated helplines for senior citizen at district headquarter to being with.

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

(3)     With a view to performing the duties mentioned in sub-rule (2) the District Magistrate shall be competent to issue such direction not inconsistent with the Act these rules and general guidelines of the State Government as may be necessary to any concerned Government or statutory agency or body working in the district and especially to the following:-

(a)      Officer of the State Government in the Police, Health and Publicity Departments and the Department dealing with welfare of senior citizen;

(b)      Maintenance Tribunal and Conciliation Officers;

(c)      Panchayats and Municipalities; and

(d)      Education Institutions

Form A

To,

The Presiding Officer .......................

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

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

Receipt Slip

Receipt of the application filed in the maintenance and welfare of the parents and senior citizen Tribunal

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

Address.........................................

Is hereby acknowledged

For Presiding Officer.

Form – B

Before the .............................. Tribunal at .....................

Endoresement for Application filed

Received from ............................ (detail) ....................... an application for maintenance. The application is registered as case No. ....................... of ................ The case is posted to .................. for hearing.

Place :

Date :

Signature

Form – C

Form of Notice/Summons of Respondents

[See Section 6 (1)]

Before the .............................. Tribunal at .....................

(Address)

Case No. ............./2008.

Applicant

Vs

Respondents

To

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

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

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

Take notice that the Applicant has filed an application under section 4 of the Maintenance and Welfare of Parents and Senior Citizen Act (MWPSC) Act claiming maintenance of Rs. ................ per month from you.

The case is posted to ................ at ................. all the office of the Tribunal at the address stated above. You are required to be personally present on the said date and time together with your statement of objection and documents you wish to rely upon. if you fail to appear the case would be decide expert.

Given under my hand and seal on this the .................. day of ............... 2008.

Registrar

(Seal of the Tribunal)

Form – D

[Rule 6(3)]

Before the .............................. Tribunal at .....................

Information for the Hearing to the Applicant

Received form ...................... (details) .................................. an application for maintenance. The application is registered as case no. ........................ of .......................... The case is posted to ..................... for hearing.

Place :

Date :

Signature

Form – E

Form for Reference to Conciliation Officer

[See Rule 6(2) Proviso]

Before the .............................. Tribunal at .....................

................................... District

Case No. .........................../2008. Applicant

Vs

Respondent

The aforesaid application for maintenance filed by the Applicant against the Respondents is referred to the Conciliation Officer hereinafter specified for conciliation. The Conciliation Officer shall submit his/her/its findings and/or settlement terms arrived at to this Tribunal on or before .................................

Given under the hand seal and signature of the Tribunal on this the ...................... day of .................... 2008.

Signature

(Seal of the Tribunal)

To

The Conciliation Officer

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

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

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

Form – F

[Rule 11(2)]

District ......................................... Case No. .................................. 2009

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

Statement of Applicant ............................................................

Statement of Respondent .................................................

Details of settlement .......................................................

On this date .................................................. before me both the parties are agree for a settlement specified as above.

Signature Applicant ..................................................

Signature Respondent ..................................................

Signature

Conciliation Officer

Form – G

[Rule 11(2) Settlement Report]

District ......................................... Case No. ..................................

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

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

Tribunal Decision No. ..........................................................

Date of Settlement ..........................................................

Detail of Settlement ...........................................................

Condition of Settlement .........................................................

Acceptance of Applicant and Respondent .......................................................

Place ..........................

Date ........................

Signature

Conciliation Officer.

Form – H

[Rule 11(3)]

District ......................................... Case No. ..................................

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

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

Settlement Order No. .......................................

Proposal for Settlement ................................................

Applicant Pleaught ..................................................

Respondent Pleaught ...............................................

Effort Made by Conciliation Officer 1.

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

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

Disagree point of Applicant .............................................................................

Disagree point of Respondent ...........................................................................

Conclusion ......................................................................

Date ....................

Signature

Conciliation Officer

Form – I

(See Rule 15)

Form of Appeal to the Appellate Tribunal

Before the .................................................... Tribunal at ............................................ District

Appeal No. ........................../....................

Grounds

Appellant

Verification

I, .............................................. the appellant above named to herby declare that what is stated above are true to the best of may knowledge, informatio
n and belief.

Place :

Date :

Appellant :

Form – J

Form of Notice of Appeal under section 16

(Section 16)

Before the .................................................... Tribunal at ............................................

Appeal No. ........................../....................

Take notice that the above appeal has been filed by the Appellant against the order dated........................ in case no. .................................. The Appeal has been posted to .............................. at .................... for final hearing. You are required to appear in person or an authorised representative (not an Advocate) on such date failing which the appela would be heard and disposed off exparte.

Given under my hand and seal of the Court on this the .................... day of .......................... 2008.

Signature Competent Authority

CHAPTER VI

Protection of Life and Property of Senior Citizens

Rule 20. Action Plan for the protection of life and property of senior citizen.

(1)     The District Superintendent of Police shall take all necessary steps, subject to such guidelines as the State Government may issue from time to time for the protection of life and property of Senior Citizen.

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

(i)       each police station shall maintain an up-to-date list of senior citizen living within its jurisdiction especially those who are living by themselves alone (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 citizen at regular interval 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/problem of senior citizen 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 citizen 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 shall cause to be publicised widely in the media and through the Police Station 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 particular relating to offences committed against senior citizen in such form as the State Government may by order specify.

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

(viii)  the Police Station shall send a monthly report of such 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 citizen in the interest of their safety will be widely publicized.

(x)      anteoedents of domestic servants and other working for senior citizens shall be promptly verified on the request of such citizens.

(xi)    community policing for the security of senior citizen will be undertaken in conjunction with citizens living in the neighbourhood, Residents' Welfare Association, Youth Volunteers, Non-Government Organisation, 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 crime against senior citizen during the previous month including progress of investigation and prosecution of registered offences preventive steps taken during the month.

(xiii)  the district Magistrate shall cause the report to be placed before the District level Coordination-cum- Monitoring Committee constituted under rule 22.

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

CHAPTER VII State Council and District Committiees of Senior Citizens

Rule 21. State Council of Senior Citizens.

(1)     The State Government may by order establish a State Council of Senior Citizen to advise the state government on effective implementation of the Act and to perform such other function in relation to senior citizen as the state government may specify.

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

(3)     The State Council shall meets at least once in a six month.

(4)     Tensure of the members of the State Council other than ex-offico member rules of procedure of the Council and other ancillary Matters shall be such as the State Government may by order specify.

(5)     The State Government shall maintain **** research based social audit and evaluate the implementation of the Act and the Programmes/ Schemes related to Older Persons.

Rule 22. District Committe.

(1)     The State Government shall constitute a District Advisory Board which shall also perform the role of inspecting the programmes and activities for the effective implementation of the Act.

(2)     The District Advisory Board shall consists of the following member namely:-

(ii) The District Committee shall meet once every quarter.

(iii) Composition of the District Committee tenure of member (other than ex-officio member) Rules of procedure and other ancillary matter shall be such as the State Government may by order specify.

(3)     The District Advisory Board shall review the Activities relating to the implements of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 on the following lines namely:-

(a)      Review the administration and activities of old age homes.

(b)      Inspect the institution establishment under the Act and report to the Director/Commissioner Social Justice Department.

(c)      Propose suitable programmes for the upgradation and Development of the homes.

(d)      To gives support to the programmes for the rehabilitation of senior citizen in the society.

(e)      To general financial support to the senior citizen for their welfare and rehabilitation.

(f)       Ensure linkages between various agencies working in the filed of welfare of senior citizen.

(g)      To review the functioning of Tribunal established under the act in the District.

(h)     To purpose necessary suggestion to improve the quality of institutional and non institutional services effectively.

(4)     After completing the inspection the Committee shall be required to submit a report on the (sic) the report to Director/Commissioner social justice department for necessary action.

Form A

Application for the Maintenance under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007

For use in Tribunal Office

Date of filing ...................................................

Or

Date of Receipt by Post ........................................................

Registration No. .........................................................

Signature

Presiding Officer

In the Maintenance and Welfare of Parents Tribunal

Branch ................................................................

State ...............................................................

Between

AB ...................................................

Applicant

And

CD ..................................................

Respondent

Detail of application:-

(1)     Particulars of the application-

(i)       Name of the applicant ...........................................................

(ii)      Name of Father/Husband ...........................................................

(iii)     Address ...............................................................................

(iv)    Address for service of all notice ...........................................................

(2)     Particular of the respondent .......................................................

(i)       Name of the respondent ...........................................................

(ii)      Address of the respondent ............................................................

(iii)     Address for service of all notice ...........................................................

(3)     Jurisdiction of the Tribunal. - the applicant declares that the subject matter of the case against which he wants redressal is within the jurisdiction of the Tribunal.

(4)     Facts of the case. - The facts of the case are given below:-

(5)     Relife(s) south. - In view of the facts mentioned in Para-4 above the applicant seeks issue of the following:

(6)     Interim order, if prayed for. - Pending final decision on the application the applicant seeks issue of the following:

Interim Order:-

(Give here the nature of the interim order prayed for with reasons)

(7)     Details of the remedies exhausted. - The applicant declares that he has availed of all the remedies available to him.

(8)     Matter not pending with any other court. - The applicant further declares that the matter regarding which this application has been made is not pending before any Court of Law or any other authority or has not been rejected by any Court of Law or other authority

(9)     Detail of Index. - An index in duplicate containing the details of the documents to be relief upon is enclosed.

Verification

I, ............................................. (Name of applicant) S/o ..................... D/o ...................... W/o ..................... age ...................... resident of ................................................. do hereby verify that the content for paras 1 to 9 are ture to the best of my personal knowledge and that nothing material has been concealed thereform.

Place .................................................

Date ................................................

Signature of the applicant.

Form – K

[Rule 17(1)]

Appeal No. ............................./ ......................

Take notice that the above Appeal has been filed by the Appellant against the order dated .......................... in Case No. ....................... The Appeal has been posted to ............................................ at ................................ for final hearing. You are required to appear in person or an authorised representative (not an Advocate) on such date failing which the Appeal would be heard and disposed off exparte.

Given under my hand and seal of the Court on this the .................................. day of ............................................. 2008.

Signature Competent Authority

By order and in the name of the Governor of Madhya Pradesh.