State of Odisha - Act
The Orissa Maintenance of Parents and Senior Citizens Rules, 2009
ODISHA
India
India
The Orissa Maintenance of Parents and Senior Citizens Rules, 2009
Rule THE-ORISSA-MAINTENANCE-OF-PARENTS-AND-SENIOR-CITIZENS-RULES-2009 of 2009
- Published on 24 September 2009
- Commenced on 24 September 2009
- [This is the version of this document from 24 September 2009.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
- These rules may be called the Orissa Maintenance of Parents and Senior Citizens Rules, 2009.They shall come into force on the date of their publication in Orissa Gazette.2. Definitions.
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 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.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 and 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 the Tribunal in case of settlement before a Conciliation Officer.
13. Action by the 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/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 Tribunal15. 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.16. 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 State Government may direct, and shall, after registering such appeal, give an acknowledgement to the appellant, specifying the appeal number and the date of hearing, in Form `J'.17. Notice of hearing to the respondent.
18. Scheme for management of old age homes for indigent senior citizens.
19. Duties and powers of the 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) Concern Minister of the Department to whichthe subject relates | Chairman, ex- officio |
| (ii) Secretaries of Departments of the StateGovernment dealing with Disabilities, Senior Citizens' Welfare,Health, Home, Publicity, Pensions, and other subjects of concernto the senior citizens; | Members, ex- officio |
| (iii) Such number of specialists and activists inthe field of welfare of senior citizens, as the State Governmentmay determine, to be nominated by the State Government; | Members |
| (iv) Such number of eminent senior citizens, asthe State Government may determine, but not less in number thanthe ex-officio members in the Council, to be nominated by theState Government; | Members |
| (v) Director in-charge of Senior Citizens'Welfare in the State. | Member-Secretary,ex- officio |