State of Maharashtra - Act
The Maharashtra Maintenance and Welfare of Parents and Senior Citizens Rules, 2010
MAHARASHTRA
India
India
The Maharashtra Maintenance and Welfare of Parents and Senior Citizens Rules, 2010
Rule THE-MAHARASHTRA-MAINTENANCE-AND-WELFARE-OF-PARENTS-AND-SENIOR-CITIZENS-RULES-2010 of 2010
- Published on 23 June 2010
- Commenced on 23 June 2010
- [This is the version of this document from 23 June 2010.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title.
- These rules may be called the Maharashtra Maintenance and Welfare of Parents and Senior Citizens Rules, 2010.2. Definitions.
Chapter II
Procedure for Maintenance Tribunal and Conciliation Officers.
3. Panel for appointment as Conciliation Officers.
4. Procedure for filing an application for maintenance and its registration.
5. Preliminary Scrutiny of the application.
6. Notice to the opposite Party.
7. Procedure in case of non-appearance by 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 or making such other inquiry as it may deem fit, and shall pass an order disposing of the application.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, or if the two parties arrive at a mutually agreed settlement, the Tribunal shall pass an order accordingly.9. Procedure for impleading children or relatives.
10. Reference to Conciliation Officer.
11. Proceedings by Conciliation Officer.
12. Action by Tribunal in case of settlement before a Conciliation Officer.
13. Action by Tribunal in other cases.
14. Maximum maintenance allowance.
- 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, or 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
15. Form of appeals.
- An appeal under sub-section (1) of section 16 shall be filed before the Appellate Tribunal in From-H, and shall be accompanied by a copy of the impugned order of the Maintenance Tribunal.16. Registration and acknowledgment of appeal.
- On receipt of an appeal, the Appellate Tribunal shall register it in a register to be maintained in Form-I, and shall, after registering such appeal, give an acknowledgment to the appellant, specifying the appeal number and the next date of hearing in Form-J17. Notice of hearing_to respondent.
Chapter IV
Scheme for Management of Old Age Homes Established Under Section 19.
18. Scheme for Management of old age homes for indigent senior citizens.
Chapter V
Duties and Powers of the District Magistrate.
19. Duties and powers of District Magistrate.
Chapter VI
Protection of Life and Property of Senior Citizens.
20. Action plan for the protection of life and property of senior citizens.
Chapter VII
State Council and District Committees of Senior Citizens.
21. State Council of Senior Citizens.
| (i) | Minister of the State Government in charge of welfare ofsenior citizens ; | Chairman ex officio |
| (ii) | Secretaries of Departments of the State Government dealingwith Disabilities, Senior Citizen's Welfare, Health, Home,Publicity, Pensions, and other subjects of concern to the seniorcitizens ; | Member ex offcio |
| (iii) | Such number of specialists and activists in the field ofwelfare of senior citizens, as the State Government maydetermine, to be nominated by the State Government ; | Member |
| (iv) | Such number of eminent senior citizens, as the StateGovernment may determine, but not less in number than theex-officio members in the Council, to be nominated by the StateGovernment ; | Member |
| (v) | Director in charge of Senior Citizen's welfare in the State ; | Member Secretary ex officio |