[1]THE KERALA
MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS RULES, 2009 In exercise of the powers
conferred by Section 32 of the Maintenance and Welfare of Parents and Senior
Citizens Act, 2007 (Central Act 56 of 2007), the Government of Kerala make the
following rules, namely: CHAPTER I PRELIMINARY (1)
These rules may be called the Kerala Maintenance and Welfare of
Parents and Senior Citizens Rules, 2009. (2)
They shall come into force at once. (1)
In these rules, unless the context otherwise requires, (a)
"Act" means the Maintenance and Welfare of Parents and
Senior Citizens Act, 2007 (Central Act 56 of 2007); (b)
"application" means an application made to a Tribunal
under Section 5; (c)
"blood relations", in the context of a male and a female
inmate, mean father-daughter, mother-son, and brother-sister (not cousins); (d)
"Form" means a form appended to these rules; (e)
"inmate", in relation to an old age home, means a senior
citizen duly admitted to reside in such a home; (f)
"opposite party" means the party against whom an
application for maintenance has been filed under Section 4; (g)
"Presiding Officer" means an officer appointed to
preside over a Maintenance Tribunal referred to under sub-section (2) of
Section 7, or an Appellate Tribunal under sub-section (2) of Section 15; (h)
"Schedule" means a Schedule appended to these rules; (i)
"section" means a Section of the Act; (j)
"State Government" means the Government of Kerala. (2)
Words and expressions defined in the Act but not defined in these
rules shall have the meanings respectively assigned to them in the Act. CHAPTER II PROCEDURE FOR MAINTENANCE TRIBUNAL AND CONCILIATION OFFICERS (1)
Every Tribunal shall prepare a panel of persons suitable for
appointment as Conciliation Officer under sub-section (6) of Section 6, which
shall include the Maintenance Officers designated under Section 18. (2)
Persons referred to under sub-rule (1), other than Maintenance
Officers designated under Section 18, shall be chosen subject to fulfilling the
following conditions, namely: (a)
he should be associated with an organisation which is working for
the welfare of senior citizens and/or weaker sections, or in the area of
education, health, poverty-alleviation, women's empowerment, social welfare,
rural development or related fields, for at least two years with an unblemished
record of service; (b)
he should be a senior office-bearer of 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 conditions, namely: (i)
he must have a good and unblemished record of public service in
one or more of the areas mentioned in clause (a); and (ii)
he should possess good knowledge of law. (3)
The Tribunal shall publish the panel mentioned in sub-rule (1) for
general information at least twice in every year, on 1st January and 1st July,
respectively, and at every time any change is effected therein. (1)
An application for maintenance under Section 4 shall be made in
Form 'A', in the manner laid down in clauses (a) and (b) of sub-section (1) of
Section 5. (2)
On receipt of an application under sub-rule (1), the Presiding Officer
shall cause, (a)
its essential details to be entered in a Register of Maintenance
Claim Cases, to be maintained in such form as the State Government may direct,
and (b)
its acknowledgement in Form 'B' to be given, notwithstanding
anything contained in Rule 5, to the applicant or his authorised representative
in case of hand delivery, and its despatch by post in other cases and the
acknowledgement shall specify, inter alia, the registration number of the
application. (3)
Where a Tribunal takes cognizance of a maintenance claim, suo
moto, the Presiding Officer shall, after ascertaining facts, get Form 'A'
completed as accurately as possible, through the staff of the Tribunal, and
shall, as far as possible, get it authenticated by the concerned senior citizen
or parent, or any person or organisation authorised by him and shall cause the
same to be registered in accordance with clause (a) of sub-rule (2) above. (1)
On receipt of an application under sub-section (1) of Section 5,
the Tribunal shall satisfy itself that, (a)
the application is complete; and (b)
the opposite party has, prima facie, an obligation to maintain the
applicant in terms of Section 4. (2)
In case where the Tribunal finds any lacunae in the application,
it may direct the applicant to rectify such lacunae within a reasonable time
limit. (1)
Once the Tribunal is satisfied on the points mentioned in sub-rule
(1) of Rule 5, it shall cause to be issued to each person against whom an
application for maintenance has been filed, a notice in Form 'C' directing them
to show cause why the application should not be granted, along with a copy of
the application and its enclosures, in the following manner: (a)
by hand delivery through the applicant if he so desires, else
through a process server; or (b)
by registered post with acknowledgement due. (2)
The notice shall require the opposite party to appear in person,
on the date to be specified in the notice and to show cause, in writing, as to
why the application should not be granted and shall also inform that, in case
he fails to respond to it, the Tribunal shall proceed ex parte. (3)
Simultaneously with the issue of notice under sub-rules (1) and
(2), the applicant(s) shall also be informed of the date mentioned in sub-rule
(2), by a notice issued in Form 'C'. (4)
The provisions of Order V of the Code of Civil Procedure, 1908,
shall apply, mutatis mutandis, for the purpose of service of notice under
sub-rules (2) and (3). In case, despite service of
notice, the opposite party fails to show cause in response to, a notice, the
Tribunal shall proceed ex parte, by taking evidence of the applicant and making
such other inquiry as it deems fit, and shall pass an order disposing of the
application. If on the date fixed in the
notice issued under Rule 6, the opposite party appears and accepts his
liability to maintain the applicant, and the two parties arrive at a mutually
agreed settlement, the Tribunal shall pass an Order accordingly. (1)
An application by the opposite party, under the proviso to
sub-section (5) of Section 5, to implead any other child or relative of the
applicant, shall be filed on the first date of hearing as specified in the
notice issued under sub-rule (2) of Rule 6: Provided that no such application
shall be entertained after such first hearing, unless the opposite party shows
sufficient cause for filing it at a later stage. (2)
On receipt of an application under sub-rule (1), the Tribunal
shall, if it is prima facie satisfied, after hearing the parties, about the
reasonableness of such application, issue, notice to such other child or
relative to show cause why they should not be impleaded as a party, and shall
after giving them an opportunity of being heard, pass an order regarding their
impleadment or otherwise. (3)
In case the Tribunal passes an order of impleadment under sub-rule
(2), it shall cause a notice to be issued to such impleaded party in Form
"C" in accordance with Rule 6. (1)
In case, on the date fixed in the notice issued under Rule 6, the
opposite party appears and show cause against the maintenance claim, the
Tribunal shall seek the opinion of both the parties as to whether they would
like the matter to be referred to a Conciliation Officer and if they express
their willingness in this behalf, the Tribunal shall ask them whether they
would like the matter to be referred to a Conciliation Officer and if they
express their willingness in this behalf, the Tribunal shall ask them whether
they would like the matter to be referred to a person included in the panel
prepared under 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 'D', requesting the Conciliation Officer to try and work out a
settlement acceptable to both parties, within a period not exceeding one month
from the date of receipt of the reference. (3)
The reference in Form 'D' shall be accompanied with copies of the
application and replies of the opposite party thereto. (1)
Upon receipt of a reference under Rule 10, the Conciliation
Officer shall hold meetings with the two parties as necessary, and shall try to
work out a settlement acceptable to both the parties, within a period of one
month from the date of receipt of the reference. (2)
If the Conciliation Officer succeeds in working out a settlement
acceptable to both the parties, he shall draw up a memorandum of settlement in
Form 'E', get it signed by both parties, and forward it, with a report in Form
'F', along with all records of the case received from the Tribunal, back to the
Tribunal within a month from the date of receipt of the reference. (3)
If the Conciliation Officer is unable to arrive at a settlement
within one month after the receipt of a reference under Rule 10, he shall
return the papers received from the Tribunal along with a report in Form 'G',
showing efforts made to bring about a settlement and the points of difference
between the two parties which could not be reconciled. (1)
When the Tribunal receives a report from the Conciliation Officer under
sub-rule (2) of Rule 11, along with a memorandum of settlement, it shall give
notice to both parties to appear before it on a date to be, specified in the
notice, and confirm the settlement. (2)
If on the date specified in the notice as above, the parties
appear before the Tribunal and confirm the settlement arrived at before the
Conciliation Officer, the Tribunal shall pass a final order in terms of such
settlement. (1)
In cases where, (i)
the applicant(s) and the opposite parties do not agree for
reference to their dispute to a Conciliation Officer as per Rule 10, or (ii)
the Conciliation Officer appointed under Rule 10 sends a report
under sub-rule (3) of Rule 11, conveying his inability to arrive at a
settlement acceptable to both the parties, or (iii)
no report is received from a Conciliation Officer within the
stipulated time-limit of one month, or (iv)
in response to the notice issued under sub-rule (1) of Rule 12,
one or both the parties decline, to confirm the settlement arrived at by the
Conciliation Officer, the Tribunal shall give to both the parties an
opportunity of advancing evidence in support of their respective claims, and
shall, after a summary inquiry as provided in sub-section (1) of Section 8,
pass such order as it deems fit. (2)
An order passed under Rule 7, Rule 8 or under sub-rule (1) above
shall be a speaking one, spelling out the facts of the case as ascertained by
the Tribunal, and the reasons for such order. (3)
While passing an order under sub-rule (1), directing the opposite
party to pay maintenance to an applicant, the Tribunal shall take the following
facts into consideration: (a)
amount needed by the applicant to meet his basic needs, especially
food, clothing, accommodation, and healthcare, (b)
income of the opposite party, (c)
value of, and actual and potential income from the property, if
any, of the applicant which the opposite party would inherit and/or is in
possession of. (4)
A copy of every order passed, whether final or interim on an
application, shall be given to the applicant(s) and the opposite party or their
representatives, in person, or shall be sent to them through a process server
or by registered post. The maximum maintenance allowance
which a Tribunal may order against the opposite party to pay shall, subject to
a maximum of rupees ten thousand per month, be fixed in such a manner that it
does not exceed the monthly income from all sources of the opposite party,
divided by the number of persons in his family, counting the applicant or
applicants also among the opposite party's family members. CHAPTER III PROCEDURE OF APPELLATE TRIBUNAL An appeal under sub-section (1)
of Section 16 shall be filed before the Appellate Tribunal in Form 'H', and
shall be accompanied by a copy of the impugned order of the Maintenance
Tribunal. On receipt of an appeal, the
Appellate Tribunal shall register it in a register to be maintained for the
purpose in such form as the State Government may direct, and shall, after
registering such appeal, give an acknowledgement to the appellant, specifying
the appeal number in Form "I". (1)
On receipt of an appeal, the Appellate Tribunal shall, after
registering the case and assigning an appeal number, cause notice to be served
upon the respondent under its seal and signature in Form "J"
requesting to appear before the Appellate Tribunal on the date specified; (2)
The notice under sub-rule (1) shall be issued through registered
post with acknowledgement due, or through a process server; (3)
Simultaneously with the issue of notice under sub-rules (1) and
(2) the appellant shall also be informed the date mentioned in sub-rule (1) by
a notice in Form 'J'; (4)
The provisions of Order V of the Civil Procedure Code shall apply
mutatis mutandis for the purposes of service of notice issued under sub-rule
(1) and (3). CHAPTER IV SCHEME FOR MANAGEMENT OF OLD AGE HOMES ESTABLISHED UNDER SECTION
19 (1)
Old age homes established under Section 19 shall be run in
accordance with the following norms and standards: (A)
The home shall have physical facilities and shall be run in accordance
with the operational norms as laid down in the Schedule; (B)
Inmates of the home shall be selected in accordance with the
following procedure: (a)
applications shall be invited at appropriate intervals, but at
least once in each year, from indigent senior citizens, as defined in Section
19 of the Act, desirous of living in the home; (b)
where the number of eligible applicants on any occasion is more
than the number of places available in a home for admission, selection of
inmates will be made in the following manner: (i)
the more indigent and needy will be given preference over the less
indigent applicants; (ii)
other things being equal, older senior citizens will be given
preference over the less old; and (iii)
other things being equal, female applicants will be given preference
over male applicants. Illiterate and/or very infirm
senior citizens may also be admitted without any formal application if the
District Magistrate or other competent authority, designated by him for the
purpose, is satisfied that the senior citizen is not in a position to make a
formal application, but is badly in need of shelter; (C)
While considering applications or cases for admission, no
distinction shall be made on the basis of religion or caste; (D)
The home shall provide separate lodging for men and women inmates,
unless a male and a female inmate are either blood relations or a married
couple; (E)
Day-to-day affairs of the old age home shall be managed by a
Management Committee which shall be constituted in accordance with orders and
guidelines issued by the State Government from time to time, such that inmates
are also suitably represented on the Committee. (2)
State Government may issue detailed guidelines/orders from time to
time for admission into and management of old age homes in accordance with the
norms and standards laid down in sub-rule (1) and the Schedule. CHAPTER V DUTIES AND POWERS OF THE DISTRICT MAGISTRATE (1)
The District Magistrate shall perform the duties and exercise the
powers mentioned in sub-rules (2) and (3) so as to ensure that the provisions
of the Act are properly carried out in his district. (2)
It shall be the duty of the District Magistrate to, (i)
ensure that life and property of senior citizens of the district
are protected and they are able to live with security and dignity; (ii)
oversee and monitor the work of Maintenance Tribunals and
Maintenance Officers of the district with a view to ensuring timely and fair
disposal of applications for maintenance, and execution of Tribunals' orders; (iii)
oversee and monitor the working of old age homes in the district
so as to ensure that they conform to the standards laid down in these rules,
and any other guidelines and orders of the State Government; (iv)
ensure regular and wide publicity of the provisions of the Act,
and Central and State Governments' programmes for the welfare of senior
citizens; (v)
encourage and co-ordinate with Panchayats, Municipalities, Nehru
Yuwa Kendras, Educational Institutions especially their National Service Scheme
Units, Organisations, Specialists, Experts, Activists, etc. working in the
district so that their resources and efforts are effectively utilised for the
welfare of senior citizens of the district; (vi)
ensure provision for timely assistance and relief to senior
citizens in the event of natural calamities and other emergencies; (vii)
ensure periodic sensitization of officers of various Departments
and Local Bodies concerned with the welfare of senior citizens, towards the
needs of such citizens, and the duty of the officers towards the latter; (viii) review
the progress of investigation and trial of cases relating to senior-citizens in
the district, except in cities having a Police Commissioner, (ix)
ensure that adequate number of prescribed application forms for
maintenance are available in offices of common contact for citizens such as
Panchayats, Post Offices, Block Development Offices, Tahsil Offices,
Collectorate, Police Stations, etc.; (x)
promote establishment of dedicated helplines for senior citizens
at district headquarters, to begin with; and (xi)
perform such other functions as the State Government may, by
order, assign to the District Magistrate in this behalf, from time to time. (3)
With a view to performing the duties mentioned in sub-rule (2),
the District Magistrate shall be competent to issue such direction, not
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)
Officers of the State, Government in the Police, Health and
Publicity Departments, and the Department dealing with welfare of senior
citizens; (b)
Maintenance Tribunals and Conciliation Officers; (c)
Panchayats and Municipalities; and (d)
Educational institutions. CHAPTER VI PROTECTION OF LIFE AND PROPERTY OF SENIOR CITIZENS (1)
The District Superintendent of Police in every Districts, and in
the case of cities having a Police Commissioner, such Police Commissioner Shall
take all necessary steps, subject to such guidelines as the State Government
may issue from time, for the protection of life and property of senior citizens. (2)
Without prejudice to the generality of sub-rule (1) (i)
each police station shall maintain an up-to-date list of senior
citizens living within its jurisdiction, especially those who are living by
themselves (i.e., without there being any member in their household which is
not a senior citizen); (ii)
a representative of the police station together, as far as,
possible, with a social worker or volunteer, shall visit such senior citizens
at regular intervals of at least once in a month, and shall, in addition, visit
them as quickly as possible on receipt of a request of assistance from them; (iii)
complaints/problems of senior citizens shall be promptly attended
to, by the Local Police; (iv)
one or more Volunteers' Committee(s) shall be formed for each
Police Station which shall ensure regular contact between the senior citizens,
especially those living by themselves, on one hand, and the police and the
district administration on the other; (v)
the District Superintendent of Police, or the Police Commissioner
as the case may be, shall cause to be published widely in the media and through
the Police Stations, at regular intervals, the steps being taken for the
protection of life and property of senior citizens; (vi)
each Police Station shall maintain a separate register containing
all important particulars relating to the offences committed against senior
citizens, 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/Police Commissioner by the 10th of every month; (ix)
list of Do's and Dont's to be followed by senior citizens in the
interest of their safety will widely be publicised; (x)
antecedents of domestic servants and others working for senior
citizens shall be promptly verified, on the request of such citizens; (xi)
community policing for the security of senior citizens will be
undertaken in conjunction with citizens living in the neighbourhood, Residents'
Welfare Associations, Youth Volunteers, Non-Government Organisations, etc.; (xii)
the District Superintendent of Police/Police Commissioner shall submit
to the Director General of Police and to the District Magistrate, a monthly
report by the 20th of every month, about the details of crime against senior
citizens during the previous month, including progress of investigation and
prosecution of registered offences, and preventive steps taken during the
month; (xiii) the
District Magistrate shall cause the report to be placed before the
District-level Co-ordination-cum-Monitoring Committee constituted under Rule
22; (xiv)
The Director General of Police shall cause the reports submitted
under clause (xii) to be compiled, once a quarter, and shall submit them to the
State Government every quarter as well as every year for, inter alia, being
placed before the State Council of Senior Citizens constituted under Rule 21. CHAPTER VII STATE COUNCIL AND
DISTRICT COMMITTEES OF SENIOR CITIZENS (1)
The State Government may,
by "order, establish a State Council of Senior Citizens to advise the
State Government on effective implementation of the Act and the Rules and to
perform such other functions in relation to senior citizens as the State
Government may specify. (2)
The State Council shall
consist of the following members, namely: (i) Minister of the State Government in-charge of Social Welfare; Chairman, ex-officio (ii) Secretaries of Departments of the State Government
dealing with Disabilities, Senior Citizens' Welfare, Social Welfare, Health,
Home, Publicity, Pensions and other subjects of concern to the senior
citizens; Member ex-officio (iii) Such number of specialists and activists in the field of
senior citizens, as the State Government may determine, to be nominated by
the State Government; Members (iv) such number of eminent senior citizens, as the State
Government may determine, but not less in number than the ex-officio members
in the Council, to be nominated by the State Government; Members (v) Director in-charge of Senior Citizens' Welfare (Social
Welfare) in the State; Member-Secretary, ex-officio (3)
The State Council shall
meet at least once in six months. (4)
Tenure of the members of
the State Council, other than ex-officio members, rules of procedure of the
Council and other ancillary matters shall be such as the State Government may,
by order, specify. (1)
The State Government may
by order, establish a District Committee of Senior Citizens for each District
to advise in effective and co-ordinate the implementation of the Act and the
rules at the district level, and to perform such other functions in relation to
senior citizens at the district level, as the State Government may specify. (2)
The District Committee
shall meet once every quarter. (3)
Composition of the
District Committee, tenure of members (other than ex-officio members), rules of
procedure and other ancillary matters shall be such as the State Government
may, by order, specify. [1] Published
under Notification G.O. (P) No. 38/2009/SWD, dated 28/08/2009, as S.R.O. No.
723/2009 in K.G. Ext. No. 1581 dated 29/08/2009.THE KERALA MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS RULES,
2009
PREAMBLE