State of West Bengal - Act
West Bengal Maintenance and Welfare of Parents and Senior Citizens Rules, 2008
WEST BENGAL
India
India
West Bengal Maintenance and Welfare of Parents and Senior Citizens Rules, 2008
Rule WEST-BENGAL-MAINTENANCE-AND-WELFARE-OF-PARENTS-AND-SENIOR-CITIZENS-RULES-2008 of 2008
- Published on 28 November 2008
- Commenced on 28 November 2008
- [This is the version of this document from 28 November 2008.]
- [Note: The original publication document is not available and this content could not be verified.]
030.
[With effect from 12th January, 2009]In exercise of the power conferred by sub-section (1) and sub-section (2), of section 32 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007), the Governor is pleased hereby to make the following rules, namely :Chapter I
Preliminary
1. Short title and commencement
. (1) These rules may be called the West Bengal Maintenance and Welfare of Parents and Senior Citizens Rules, 2008.2. Definitions
. (1) In these rules, unless the context otherwise requires(a)"Act" means the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007);(b)"Application" means an application filed under section 5 of the Act;(c)"Applicant" means the parent or the senior citizen or any organization authorised by such parent or the senior citizen, as the case may be, who has filed the application;(d)"Conciliation Officer" means an officer appointed by the State Government, for the purpose of sub-section (6) of section 6 of the Act;(e)"Form" means a form appended to these rules;(f)"Maintenance Officer" means the District Social Welfare Officer or an officer not below the rank of District Social Welfare Officer as the State Government may designate;(g)"State Government" means the Government of West Bengal in the Department of Women and Child Development and Social Welfare.Chapter II
Maintenace Tribunal
3. Composition of Tribunal
. (1) The Tribunal shall be presided over by the Sub-Divisional Officer :Provided that in absence of the Sub-Divisional Officer, the Officer discharging the functions of the Sub-Divisional Officer shall preside over the Tribunal.4. Application for maintenance
. (1) The application for maintenance under section 5 of the Act shall be filed before the Tribunal in Form A.5. Registration of the application
. (1) Upon receiving the application, the Tribunal shall register the case in a register to be maintained for such purpose and assign a number to such application.6. Notice for hearing of application
. (1) Upon receipt of an application for maintenance the Tribunal after registering the case and assigning a case number, shall issue as the process alongwith the notice under its seal and signature to the children or relative in Form C.7. Powers and procedure of Tribunal
. (1) The Tribunal shall sit at least once in a month for adjudicating the application or providing the maintenance order or as per the requirement and urgency of the business of such Tribunal.8. Procedure for impleading children or relatives
. (1) An application by a children or relative, who is party in a maintenance proceeding, to implead any other children or relative of the applicant shall be filed on the first date of hearing of the proceeding as fixed by the Tribunal.Chapter III
Appellate Tribunal
9. Composition of Appellate Tribunal
. (1) The Appellate Tribunal shall be presided over by the District Magistrate.10. Appeals
. (1) An appeal under sub-section (1) of section 16 of the Act alongwith the impugned order of the Tribunal shall be filed before the Appellate Tribunal in Form C.11. Registration of appeal
. (1) Upon receipt of an appeal, the Appellate Tribunal shall register it in a register to be maintained for such purpose and assign a number to such appeal.12. Notice for hearing of appeal
. (1) Upon receipt of an appeal, the Appellate Tribunal, after registering the case and assigning a case number, shall cause notice to be served upon the respondent under its seal and signature in Form E.13. Power and procedure of Appellate Tribunal
. The Appellate Tribunal shall dispose an appeal in accordance with the provisions of section 16 of the Act.Chapter IV
Appointment of Conciliation Officer and rules for conciliation
14. Conciliation Officer
. (1) The State Government in consultation with the District Magistrate of the respective district shall nominate a Conciliation Officer for each Sub-Division of a district for the purposes of conciliation between the parent or the senior citizen and the children or the relative :Provided that for Kolkata, the State Government in consultation with the Presiding Officer of the Appellate Tribunal shall nominate more than one Conciliation Officer for the purposes of conciliation.15. Functions of Conciliation Officer
. (1) The Conciliation Officer, after getting the order of the Tribunal under section 5 of the Act for submitting his report or for the purpose of doing conciliation between the parties, shall submit his findings before the Tribunal within one month from the date so referred.Chapter V
Amount of maintenance
16. Maximum maintenance allowance
. The maximum maintenance allowance, which may be ordered by the Tribunal under sub-section (2) of section 9, shall not exceed ten thousand rupees per month.17. Deposit of maintenance amount
. (1) The Tribunal may, while passing an order for maintenance payable to the applicant by the children or relative, direct as follows :(a)the amount of maintenance may be given to the applicant directly to the applicant by hand against a proper receipt given by the applicant; or(b)it may be deposited in any schedule bank or post office or in a designated bank account chosen by the applicant.Chapter VI
Oldage homes and scheme for its management
18. Oldage homes
. The State Government may make every effort to establish and maintain oldage homes at accessible places, beginning with at least one in each district to accommodate in such homes a minimum of one hundred fifty indigent senior citizens.19. Infrastructure of oldage home
. Each oldage home may have following facilities for the indigent senior citizens and destitute parents. namely20. Authorities who may be specified for implementing the provisions of the Act
. The State Government may, by order, confer such powers and impose such duties on a District Magistrate, as it may consider necessary and expedient, to ensure that the provisions of this Act are properly carried out.Chapter VII
Comprehensive Action Plan for protection of life and
property of senior citizen21. State Level Monitoring Committee
. (1) The State Government may constitute a high level inter departmental State Level Monitoring Committee to be presided over by the Minister-in-charge of the Department of Women and Child Development and Social Welfare, which shall comprised of the members from the various departments of the Government of West Bengal, like Health and Family Welfare, Home, Law, Judicial, Women and Child Development and Social Welfare, Panchayats and Rural Development, Municipal Affairs, Finance and some members from the eminent Non-Governmental Organizations.22. Awareness Programme
. (1) The State Government shall take all measures to ensure the publicity, awareness campaign, programme for periodic sensitization and awareness training among the State Government Officers, including the Police Officers and the members of the Judicial Service, on the issues relating to the Act.23. Help from Non-Governmental Organizations
. The State Govern-ment shall take all the measures and necessary steps for providing protection of life and property of senior citizens and for the purpose, it may take the help of the voluntary Non-Governmental Organizations on following matters :Chapter VIII
Miscellaneous
24. Interpretation
. If any question arises on any matter relating to the interpretation of these rules, it shall be referred to the State Government and its decision thereon shall be final.25. Relaxation
. Nothing in these rules shall be construed to limit or abridge the power of the State Government to dispense with or relax with requirement of any provision of these rules to such extent and subject to such condition as may be considered necessary.Form AApplication for Maintenance[See sub-rule (1) of rule 4]Before the Maintenance Tribunal at.............. Case No................| 1. | Name of Applicant | : |
| 2. | Address of Applicant | : |
| 3. | Telephone No. if any | : |
| 4. | If represented by Authorized Representative or Organization | : Name |
| : Age | ||
| : Address | ||
| : Tele. No. | ||
| 5. | Particulars of Children whom the elderly citizen is dependantmaintenance is claimed | Names, ages, addresses, occupation, income from all sources ofeach child |
| (i) | ||
| (ii) | ||
| (iii) | ||
| 6. | If claim is against relative/s name, age, address of therelative/s against whom maintenance is claimed | : |
| 7. | Amount of maintenance claimed | |
| 8. | Details of Applicant's current Income/ Earning from allsources, if any | : |
| 9. | Details of property, if any (immovable and movable), owned byApplicant | : |
| 10. | Details of transfer of any property (movable or immovable) madeby the Applicant 5 years prior to date of filing this application | : |
| 11. | Details of maintenance or other amount being received byApplicant from children or relative, if any | : |
| 12. | Details of case/s, if any, filed by Applicant against childrenor relative in any Court | : |
| 13. | Details of earlier application, if any, filed by applicant inthis Tribunal for maintenance and result | : |
| 14. | Any other information the applicant wishes to furnish | : |
| 15. | Documents, if any, that the Applicant wishes to rely upon | : |
| Appellant's Name & Address : | ........................................ |
| Respondent/s Name/s & Address/es | .................................... |
| Case No. & Date of Order Appealed Against : (Copy of orderto be enclosed) |
1.
2.
3. etc.
VerificationI,.................................... the Appellant abovenamed do herebydeclare that what is stated above are true to the best of my knowledge, information and belief.Place :Date :Signature of AppellantForm EAcknowledgement for Application for Maintenance[See sub-rule (2) of rule 111Before The......................... Maintenance Tribunal at......................Received from...................................... (details)...................... an application for maintenance. The application is registered as Maintenance Case No.......................... of................................ The case is posted to..................... for hearing.Place :Date :Signature and seal of Appellate TribunalForm FForm of Notice in an Appeal[See sub-rule (1) of rule 12]Before The............................... Appellate Tribunal at.............................. Appeal No........................ 200......................................... AppellantVs...........................................Respondent/sTo...............................................................................................................Take Notice that the Applicant has filed an appeal petition under section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.The appeal is posted to ................................. at....................................at the Office of the Appellate Tribunal at the address stated above. You are required to be personally present on the said date and time, together with your statement of objections and documents you wish to rely upon. If you fail to appear the appeal would be decided Ex-Parte.Given under my hand and seal on this the............................ day of................................... 200.Appellate Tribunal.(Seal of the Appellate Tribunal)By order of the Governor,Sd/- Rinchen Tempo,Pr. Secy. to the Govt. of West Bengal.Important Notifications1. Officers designated as Maintenance Officers
[Notification No. 262-SW dated 20th January 2009] [Published by the Government of West Bengal, Department of Women & Child Development and Social Welfare in the Kolkata Gazette, Extraordinary, Part I, dated January 22, 2009.]In exercise of the power conferred by sub-section (1) of section 18 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007), the Governor is pleased hereby to designate the officer specified in column (2) of the Table below as the Maintenance Officer in respect of the corresponding areas of Kolkata, falling under the police stations specified in column (3) of the said Table, within which it shall exercise jurisdiction :Table| SI. No. | Name of the officer designated as Maintenance Officer underSection 18(1) of the Maintenance and Welfare of Parents andSenior Citizens Act, 2007 | Name of the police station within which theMaintenance Officer shall exercise Jurisdiction |
| (1) | (2) | (3) |
| 1. | The Manager, Headquarters, Controller of Vagrancy, WestBengal. | (1) Burrabazar, |
| (2) Jorasanko, | ||
| (3) Bowbazar, | ||
| (4) Muchipara, | ||
| (5) Tette.la, | ||
| (6) Posta, | ||
| (7) Girish Park, | ||
| (8) Maniktala, | ||
| (9) Ultadanga, | ||
| (10) Phulbagan, | ||
| (11) Beliag hate, | ||
| (12) Narkeldanga, | ||
| (13) Entally, | ||
| (14) Tangra, | ||
| (15) Hare Street, | ||
| (16) Maidan, | ||
| (17) Jorabagan, | ||
| (18) Buratolla, | ||
| (19) Amherst Street, | ||
| (20) Cossipore, | ||
| (21) Chitpur, | ||
| (22) Tala, | ||
| (23) Sinthi, | ||
| (24) Shyampukur, | ||
| 2. | Assistant Director, Directorate of Social Welfare, WestBengal. | (25) Watgunge, |
| (26) Garden Reach, | ||
| (27) Taratala, | ||
| (28) Ekbalpur, | ||
| (29) North Port, | ||
| (30) South Port, | ||
| (31) West Port, | ||
| (32) New Market, | ||
| (33) Beniapukur, | ||
| (34) Topsia, | ||
| (35) Park Street, | ||
| (36) Shakespeare Sarani, | ||
| (37) Hastings; | ||
| (38) Ballygunge, | ||
| (39) Gariahat, | ||
| (40) Bhawanipore, | ||
| (41) Kalighat, | ||
| (42) Lake, | ||
| (43) Charumarket, | ||
| (44) Alipore, | ||
| (45) Chetla, | ||
| (46) Karaya, | ||
| (47) New Alipore, and | ||
| (48) Tollygunge. |
2. This Notification shall come into force with effect from the 20th day of January, 2009.
2. District Programme Officer (ICDS) designated as Maintenance Officer
[Notification No. 263-SW dated 20th January, 2009] [Published by the Government of West Bengal, Department of Women and Child Development and Social Welfare in the Kolkata Gazette, Extraordinary, Part I, Dated January 22, 2009.]In exercise of the power conferred by sub-section (1) of section 18 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007), the Governor is pleased hereby to designate District Programme Officer (ICDS) of each district, other than the district of Kolkata of West Bengal as the Maintenance Officer.This Notification shall come into force with effect from 20th day of January, 2009.By order of the Governor,Sd/- Rinchen Tempo,Principal Secy. to the Govt. of West Bengal.3. Constitution of Appellate Tribunal for Kolkata
[Notification No. 264-SW dated 20th January, 2009] [Published by teh Government of West Bengal, Department of Women and Child Development and Social Welfare in the Kolkata Gazette, Extraordinary, Part I, date January 22, 2009.]In exercise of the power conferred by section 15 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007), the Governor is pleased hereby to constitute an Appellate Tribunal for Kolkata, which shall be presided over by the Commissioner of Disabilities, West Bengal, to exercise its jurisdiction within the areas falling under the police stations specified in Table below :Table| Name of the Police Station | |
| (1) Burrabazar, | (25) Watgunge, |
| (2) Jorasanko, | (26) Garden Reach, |
| (3) Bowbazar, | (27) Taratala, |
| (4) Muchipara, | (28) Ekbalpur, |
| (5) Taltala, | (29) North Port, |
| (6) Posta, | (30) South Port, |
| (7) Girish Park, | (31) West Port, |
| (8) Maniktala, | (32) New Market, |
| (9) Ultadanga, | (33) Beniapukur, |
| (10) Phulbagan, | (34) Topsia, |
| (11) Beliaghata, | (35) Park Street, |
| (12) Narkeldanga, | (36) Shakespeare Sarani, |
| (13) Entally, | (37) Hastings, |
| (14) Tangra, | (38) Ballygunge, |
| (15) Hare Street, | (39) Gariahat, |
| (16) Maidan, | (40) Bhawanipore, |
| (17) Jorabagan, | (41) Kalighat, |
| (18) Buratolla, | (42) Lake, |
| (19) Amherst Street, | (43) Charumarket, |
| (20) Cossipore, | (44) Alipore, |
| (21) Chitpur, | (45) Chetla, |
| (22) Tala, | (46) Karaya, |
| (23) Sinthi, | (47) New Alipore, and |
| (24) Shyampukur, | (48) Tollygunge. |
4. Constitution of Appellate Tribunal in each district
[Notification No. 265-SW, dated 20th January, 2009] [Published by the Government of West Bengal , Department of Women and Child Developement and Social Welfare in the Kolkata Gazette, Extraordinary, Part I, dated January 22, 2009.]In exercise of the power conferred by section 15 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007), the Governor is pleased hereby to constitute an Appellate Tribunal for each district, other than the district of Kolkata, of West Bengal, which shall be presided over by the District Magistrate of respective district.2. This Notification shall come into fOrce with effect from the 20th day of January, 2009.
By order of the Governor,Sd/- Rinchen Tempo,Principal Secy. to the Govt. of West Bengal.5. Constitution of Maintenance Tribunal for each sub-division of district
[Notification No. 266-SW dated 20th January, 2009] [Published by the Government of West Bengal , Department of Women and Child Developement and Social Welfare in the Kolkata Gazette, Extraordinary, Part I, dated January 22, 2009.]In exercise of the power conferred by sub-section (1), and sub-section (2) of section 7 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007) (hereinafter referred to as the said Act), the Governor is, for the purpose of adjudicating and deciding upon the order for maintenance under section 5 of the said Act, pleased hereby to constitute an Maintenance Tribunal for each sub-division of the district of State of West Bengal, other than the district of Kolkata, to be presided over by the Sub-divisional Officer of the respective Sub-division.2. This Notification shall come into force with effect from the 20th day of January, 2009.
By order of the Governor,Sd/- Rinchen Tempo,Principal Secy. to the Govt. of West Bengal.6. Constitution of Maintenance Tribunal for Kolkata
[Notification No. 267-SW dated 20th January, 2009]In exercise of the power conferred by sub-section (1), and sub-section (2) of section 7 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007) (hereinafter referred to as the Act), the Governor is, for the purpose of adjudicating and deciding upon the order for maintenance under section 5 of the Act, pleased hereby to constitute the Maintenance Tribunal for Kolkata, which shall be presided over by the Officer specified in column (2) of the Table below in respect of the corresponding areas falling under the police stations specified in column (3) of the said Table :Table| SI. No. | Name of the officer designated as Maintenance Officer underSection 18(1) of the Maintenance and Welfare of Parents andSenior Citizens Act, 2007 | Name of the police station within which theMaintenance Officer shall exercise Jurisdiction |
| (1) | (2) | (3) |
| 1. | The Controller of Vacancy, West Bengal. | (1) Burrabazar, |
| (2) Jorasanko, | ||
| (3) Bowbazar, | ||
| (4) Muchipara, | ||
| (5) Tettala, | ||
| (6) Posta, | ||
| (7) Girish Park, | ||
| (8) Maniktala, | ||
| (9) Ultadanga, | ||
| (10) Phulbagan, | ||
| (11) Beliag hate, | ||
| (12) Narkeldanga, | ||
| (13) Entally, | ||
| (14) Tangra, | ||
| (15) Hare Street, | ||
| (16) Maidan, | ||
| (17) Jorabagan, | ||
| (18) Buratolla, | ||
| (19) Amherst Street, | ||
| (20) Cossipore, | ||
| (21) Chitpur, | ||
| (22) Tala, | ||
| (23) Sinthi, | ||
| (24) Shyampukur, | ||
| 2. | Special Officer I, Directorate of Social Welfare, West Bengal. | (25) Watgunge, |
| (26) Garden Reach, | ||
| (27) Taratala, | ||
| (28) Ekbalpur, | ||
| (29) North Port, | ||
| (30) South Port, | ||
| (31) West Port, | ||
| (32) New Market, | ||
| (33) Beniapukur, | ||
| (34) Topsia, | ||
| (35) Park Street, | ||
| (36) Shakespeare Sarani, | ||
| (37) Hastings; | ||
| (38) Ballygunge, | ||
| (39) Gariahat, | ||
| (40) Bhawanipore, | ||
| (41) Kalighat, | ||
| (42) Lake, | ||
| (43) Charumarket, | ||
| (44) Alipore, | ||
| (45) Chetla, | ||
| (46) Karaya, | ||
| (47) New Alipore, and | ||
| (48) Tollygunge. |