State of Tamilnadu- Act
The Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009
TAMILNADU
India
India
The Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009
Rule THE-TAMIL-NADU-MAINTENANCE-AND-WELFARE-OF-PARENTS-AND-SENIOR-CITIZENS-RULES-2009 of 2009
- Published on 31 December 2009
- Commenced on 31 December 2009
- [This is the version of this document from 31 December 2009.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title and commencement.
- (i) These rules may be called the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009.2. Definitions.
- 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 of the Act;(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)"Government" means the Government of Tamil Nadu;(f)"inmate" , in relation to an old age home, means a senior citizen duly admitted to reside in such a home;(g)"Maintenance Officer" means the officers designated under sub- section (1 ) of section 18;(h)"opposite party" means the party against whom an application for maintenance has been filed under section 4;(i)"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;(j)"Schedule" means a Schedule appended to these rules(k)"Section" means a section of the Act;Chapter II
3. Procedure for filing an application for maintenance, and its registration.
4. Preliminary scrutiny of application.
5. Service of Notice and application on the respondent.
6. 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 deems fit, and shall pass an order disposing of the application.7. Procedure in case of admission of claim.
- In case, on the date fixed in the notice issued under rule 5, 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,.8. Procedure for impleading children or relatives.
9. Appointment of Conciliation Officer.
10. Reference to Conciliation Officer.
11. Proceedings by Conciliation officer.
12. Maintenance of Register.
13. Action by the Tribunal in case of settlement before a Conciliation Officer.
14. Action by the Tribunal in other cases.
15. Maximum maintenance allowances.
- The maximum maintenance allowance which a 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 persons in his family, counting the applicant or applicants also among the opposite party's family members.Chapter III
Procedure of Appellate Tribunal
16. Form of appeal.
- An appeal under sub-section (1) of section 16 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.17. Registration and Acknowledgement of appeal.
- 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 Government may direct, and shall, after registering such appeal, give an acknowledgement to the appellant, specifying the appeal number and the next date of hearing, in Form `J'.18. Notice of hearing to the respondent.
Chapter IV
Scheme for Management of old age Homes Established under Section 19
19. Scheme for management of old age homes for indigent Senior Citizens.
Chapter V
Duties and Powers of the District Collector
20. Duties and powers of the District Collector.
Chapter VI
Protection of Life and Property of Senior Citizens
21. Action plan for the protection of life and property of Senior Citizens.
Chapter VII
State Council and District Committees of Senior Citizens
22. State Council of Senior Citizens.
| 1 | Chief Secretary to Government, Chennai-9. | .. | Chairperson |
| 2 | Secretary to Government, RevenueDepartment,Chennai-9 | .. | Member |
| 3 | Secretary to Government,Personnel andAdministrative Reforms (Training) Department, Chennai-9. | .. | Member |
| 4 | Secretary to Government, Finance Department,Chennai-9. | .. | Member |
| 5 | Secretary to Government, Social Welfare andNutritious Meal Programme Department, Chennai-9. | .. | Member |
| 6 | Secretary to Government, Health and FamilyWelfare Department, Chennai-9 | .. | Member |
| 7 | Secretary to Government, Housing and UrbanDevelopment Department, Chennai-9 | .. | Member |
| 8 | Secretary to Government, Transport Department,Chennai-9. | .. | Member |
| 9 | Secretary to Government, School EducationDepartment, Chennai-9. | .. | Member |
| 10 | Secretary to Government, Public WorksDepartment, Chennai-9 | .. | Member |
| 11 | Secretary to Government, Home Department,Chennai-9 | .. | Member |
| 12 | Director General of Police, Tamil Nadu,Chennai-4 | .. | Member |
| 13 | Member Secretary, Sports & DevelopmentAuthority of Tamil Nadu, Chennai-84. | .. | Member |
| 14 | Director, Rural Development , Chennai-15 | .. | Member |
| 15 | Director, Information & Public Relation,Chennai-9 | .. | Member |
| 16 | Director, Tourism, Chennai-2 | .. | Member |
| 17 | Commissioner, Commissionerate of Social Welfare,Chepauk, Chennai-5. | .. | State Level Nodal Officer and Convener |
| 18 | Non-official Members Nominated by the StateGovernment | .. | 7 (Seven) |
23. District Committee of Senior Citizens.
| 1 | District Collector | .. | Chairperson |
| 2 | District Superintendent of Police | .. | Member |
| 3 | Deputy Director (Health) | .. | Member |
| 4 | District Social Welfare Officer | .. | Member Secretary |
| 5 | Reputed Non-Governmental Organisation (Ageing field) (2) (Two) | .. | Member |
| 6 | Prominent Senior Citizens (2) (Two) | .. | Member |