Schedule
[See Rule 19]Norms of Physical Facilities and Operational Standards for an Old Age Home for Indigent Senior Citizens Established under Section 19 of the ActI. Physical Facilities1. Land. - The land for the Old Age Home should be adequate to comply with the Floor-Area Ratio (FAR) as prescribed by the relevant urban body/State Government. In the case of semiurban/rural areas, the State Government shall provide adequate land for setting up of an Old Age Home of requisite capacity such that there is adequate land for recreation, gardening, further expansion, etc.
2. Living Space. The Old Age Home shall, as far as possible, have minimum area per inmate as per the following noms:
(i)area of bedroom/dormitory per inmate 7.5 sq. metres(ii)living area or carpet area per inmate i.e. including (i) 12 sq. metres above plus ancillary areas like kitchen, dining hall, recreation room, medical room, etc. but excluding verandahs, corridors, etc.3. Facilities. - (1) The Old Age Home shall have the following facilities.
(i)residential area comprising rooms/dormitories - separately for men and women;(ii)adequate water for drinking and ancillary purposes;(iii)electricity, fans and heating arrangement for inmates (as necessary);(iv)kitchen-cumstore and office;(v)dining hall;(vi)adequate number of toilets and baths, including toilets suitable for disabled persons;(vii)recreation facilities, television, newspaper and an adequate collection of books; and(viii)first aid, sick bay, and primary health care facilities.(2)The Old Age Home should be barrier-free with provision of ramps and handrails, and where necessary, lifts, etc.II. Operational Standards1. Supply of nutritious and wholesome diet as per scale to be fixed by the State Government.
2. Adequate clothing and linen for the inmates, including for the winter season.
3. Adequate arrangements for sanitation, hygiene, and watch and ward/ security.
4. Arrangements with the nearest Government hospital for emergency medical care, and with the nearest Police Station for security requirements."
Form A[See Rule 4(1) and (3)]Application for maintenance under Section 5 (1)(a) and (b) of the ActSub-Division..................District.......................1. Name of Application:.......................
2. Name of Father/Husband:....................
3. Complete Postal address:....................
Village.................. Road......................Ward No.............................................Police Station.....................................Post Office Pin Code................................District..........................................4. Name of Children/ Relative From whom maintenance claimed:
5. Present Address of Children/ Relatives:
Village.................... Road..................Ward No...........................Police Station...........................Post Office Pin Code.........................District.....................................6. Permanent Address of Children/Relatives:
Village................ Road....................Ward No..........................Police Station......................Post Office Pin Code......................District...........................7. Yearly income of the Children Relatives from all sources:
10. Interim prayer, if any:
ApplicantVerificationI do hereby verify that the statements made above by me are true to the best of my knowledge and belief and in verification thereof I put my signature hereunder:Signature of the applicantForm B[See Rule 4(2)(b)]AcknowledgementReceived from Smt/Shri/Ms................ son/Daughter of Smt/Shri/Ms............., four copies of the application preferred under sub-Section (1) of Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 which has been registered and assigned the application No............... of .......Signature with Seal.Form C[See Rule 6(1)]Before the Presiding Officer, maintenance TribunalApplication No.................. of...................Sh/Smt..................... ApplicantVersusSh/Smt..................... RespondentNoticeWhereas, an application for maintenance under Section 5(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, has been filed wherein you have been joined as respondent and of which a copy is enclosed, has been presented before this Tribunal.You are hereby informed that the said application has been fixed for hearing at............. A.M..............on and that if you wish to state anything in reply to the application, you may appear before this Tribunal on that date, and file your written statement 3 (three) days before that day either in person.Take notice that in default of your appearance on the date aforementioned, the case shall be heard and decided in your absence.Given under my hand and the seal of the Tribunal this.......... day of........By Order of The Maintenance Tribunal............Signature with SealForm D[See Rule 6 (3)]Before the Presiding Officer, Maintenance TribunalApplication No........................... of.......................ToSmt/Shri/ Ms:..................................................................Smt/Shri/ Ms........................... ApplicantVersusSmt/Shri/Ms........................... RespondentNoticeWhereas an application has been filed by you under Section 5(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, before this Tribunal;And whereas now this Tribunal has fixed your application. for hearing at................. A.M on..............;And whereas now if you wish to urge anything in support of your plea taken in your application, you may appear before this Tribunal on that date in person.Now, take notice that in default of your appearance on the date aforementioned, the case shall be heard and decided in your absence.Given under my hand and the, seal of the Tribunal this day ofBy Order of The Maintenance Tribunal..................Signature with Seal.Form E[See Rule 10(2) & (3)]Before the Presiding Officer, Maintenance TribunalApplication No................... of...................To..........................................................Subject: Application No..................... ( Versus........................)Whereas an application has been filed by the applicant under Section 5(1), of the Maintenance, and Welfare of Parents and Senior Citizen Act, 2007, before the Tribunal;And whereas the subject cited application was fixed for hearing on................And whereas in response to the notice given in Form C to the, opposite party, the opposite party appeared and showed cause against the maintenance claim.And whereas the Tribunal has sought the opinion of both the parties as to whether they would like the matter to be referred to Conciliation officer;And whereas now both the parties have expressed their willingness in this behalf and upon the asking of the Tribunal whether the parties would like the matter to be referred to person included in the Panel prepared under Rule 3, or to any other person acceptable to both the parties, now, both the parties have agreed for your being appointed as the Conciliation Officer in the subject, cited case;Now, through this letter you are requested to try and work out a settlement acceptable to both the parties, within a period not exceeding one month from the date of receipt of this reference. Copies of the application and replies of the opposite party thereto are enclosed herewith.Presiding Officer.Maintenance Tribunal.Form F[See Rule 11 (2)]Memorandum of SettlementThis Memorandum of Settlement (MoS) is worked out on this............. day of.............. Between................ (here-inafter referred to as the 'first party') and Sh./Smt.................... (here-in-after referred to as the 'second party').Whereas the learned Maintenance Tribunal has designated me as the Conciliation Officer and has directed to work out a settlement acceptable to both the parties and to draw up a Memorandum of Settlement vide orders dated...And whereas in pursuance to the orders of the learned Tribunal, the Conciliation Officervide letter dated summoned both the parties to appear before him on.................... at 10.00 A.M;And whereas now with the best efforts of the Conciliation Officer, both the parties are now entering into this Memorandum of settlement to formalize various terms and conditions of this MoS reached between them.Now, therefore, the parties hereto hereby agree and this Memorandum of Settlement witnesseth as follows:1. That the second party has agreed to maintain the first party to provide such needs 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 as mentioned in the clause (1) above, 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. That the second party undertakes that in case he/she fails to abide by the terms and condition of this MoS then, the second party shall be liable to be proceeded against under the provisions 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 conditions of the settlement here.Signed by the parties to this Memorandum of Settlement on the date mentioned by them and it shall come into force after all the parties have signed.In witness whereof the parties hereto have set their hands, in token of acceptance.First PartySecond PartyConciliation OfficerWitness No. 1Witness No. 2Form G[See Rule 11(2)]Before the Presiding Officer, Maintenance TribunalIn Application No...................... of...........................Smt/Shri/Ms............................... ApplicantVersusSmt/Shri/Ms............................... RespondentSubmission of ReportRespectfully showeth:1. That this learned Tribunal was pleased to designate the undersigned as the Conciliation Officer under the provisions of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.
2. That 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 of this Tribunal dated with the best efforts of the Conciliation Officer, a Memorandum of Settlement dated has been reached which is acceptable to both the parties. (Copies to be attached).
4. That the following is the detailed report which has led to the working out of the enclosed Memorandum of Settlement.
Report:.....................Conciliation OfficerPlace:............. Dated:..............Form H[See Rule 11(3)]Before the Presiding Officer, Maintenance TribunalIn Application No................. of...................Smt/Shri......................... ApplicantVersusSmt/Shri......................... RespondentRespectfully showeth :1. That this learned Tribunal was pleased to designate the undersigned as the Conciliation Officer under the provisions of the Maintenance and welfare of Parents and Senior Citizen Act, 2007.
2. That vide order dated .... this learned Tribunal directed to workout a settlement which is acceptable to both the parties and to draw up a Memorandum of Settlement.
3. That in pursuance to the orders of this Tribunal, the Conciliation Officer vide his letter dated summoned both 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 efforts of the Conciliation Officer, as per the details given below:
7. That the points of different due to which the matter could not be reconciled are as under :
I....................II....................III...................8. That in view of the facts stated above, the circumstances demand that this learned Tribunal may proceed further in the matter as it deems fit and proper in the circumstances of this case and the papers received from this Tribunal are returned herewith.
Place:....................Conciliation OfficerDated:.....................Form I[See Rule 15]Appeal for maintenance under Section 16 of the Act before Appellate Tribunal[Form for filing an Appeal before the Appellate Tribunal under Section 16 (1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007]2. Name of Father/Husband:
3. Complete Postal address:
Village.................. Road...................Ward No...............................Police Station..........................Post Office................... Pin Code.................District...........................5. Present Address of Respondents:
Village................. Road..............Ward No.......................Police Station..................................Post Office.................... Pin Code.................District.........................6. Permanent Address of Respondents:
Village............... Road....................Ward No......................Police Station....................Post Office................ Pin Code..............District.........................7. Details of order against which the present appeal is being filed:
10. Interim prayer, if any:
ApplicantVerificationI do hereby verify that the statements made above by me are true to the best of my knowledge and belief and in verification thereof I, put my signature hereunder:Signature of the applicantForm J[See Rule 16]Before the Appellate TribunalReceived from Smt/Shri/Ms.............. son/Daughter of Smt/Shri/Ms............. four copies of the appeal preferred under subSection (1) of Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 against the order dated passed by the Maintenance Tribunal............ which has been registered and assigned the appeal No.............. of............... The date of hearing of appeal is fixed for........... At........... A.M/ P.M.Signature with SealForm K[See Rule 17]Before the Appellate TribunalAppeal No..................... of.....................Sh/Smt......................... ApplicantVersusSh/Smt......................... RespondentNoticeWhereas an appeal under Section 16(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, against the order dated...... passed by the Maintenance Tribunal, has been filed, wherein you have been joined as respondent and of which a copy is enclosed, has been presented before this Tribunal.Now, you are hereby informed that the said appeal has been fixed for hearing at .... A.M on...................... and that if you wish to urge anything in reply to the appeal, you may appear before this Appellate Tribunal on that date, and file your written statement 3 (three) days before that day in person.Take notice that in default of your appearance on the date aforementioned the case shall be heard and decided in your absence.Given under my hand and the seal of the Tribunal this.............. day of................By Order of The Appellate Tribunal...................(Name of district)Signature with Seal
