State of Madhya Pradesh - Act
M.P. Maintenance and Welfare of Parents and Senior Citizen Rules, 2009
MADHYA PRADESH
India
India
M.P. Maintenance and Welfare of Parents and Senior Citizen Rules, 2009
Rule M-P-MAINTENANCE-AND-WELFARE-OF-PARENTS-AND-SENIOR-CITIZEN-RULES-2009 of 2009
- Published on 2 July 2009
- Commenced on 2 July 2009
- [This is the version of this document from 2 July 2009.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title and Commencement.
2. Definitions.
Chapter II
Procedure for Maintenance Tribunal and Conciliation Officers
3. Panel for Appointments 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 may 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 settlement before a Conciliation Officer.
13. Action by the Tribunal in other case.
14. [ Maximum maintenance allowance. [Substituted by Notification dated 1.1.2018, published in M.P. Government Gazette dated 1.1.2018, Extraordinary, pages 4(1) and 4(2).]
- The maximum maintenance allowance which the 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 person in his family, counting the applicant or applicants also among the opposite party family members. If the Son/Daughter or relative of the applicant is in Government Service or in Service of any undertaking/Local Bodies/Institutions, the Tribunal may by Order direct the employer to deduct upto 10 percent amount (subject to maximum of Rupees 10,000/- from the monthly Salary of the aforesaid persons and deposit the deducted amount every month directly in the Bank account of the Applicant.]Chapter III
Procedure of Appellate Tribunal
15. Form of appeal.
- An appeal aggrieved by an order of a Tribunal 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 acknowledgment of appeal.
- On receipt of an appeal the Appellate tribunal shall register to be maintained for this purpose and shall after registering such appeal give an acknowledgment to the appellant specifying the appeal number and the next date of hearing in Form "J".17. Notice of hearing to the respondent.
Chapter IV
Scheme for Management of old age home established under section 19
18. Scheme for Management of old age homes for indigent senior citizen.
Chapter V
Duties and Powers of the District Management
19. Duties and power of the District Magistrate.
2. .....................................................................................................................................................
Disagree point of Applicant .............................................................................Disagree point of Respondent ...........................................................................Conclusion ......................................................................Date ....................SignatureConciliation OfficerForm - I(See Rule 15)Form of Appeal to the Appellate TribunalBefore the .................................................... Tribunal at ............................................ DistrictAppeal No. ........................../....................| Applicant : | |
| Name and Address | ....................................................... |
| ....................................................... | |
| ....................................................... | |
| Respondent : | |
| Name and Address | ....................................................... |
| ....................................................... | |
| ....................................................... | |
| Case No. and date of order Appealed Against | ....................................................... |
| ....................................................... | |
| Copy to be enclosed |
| Applicant : | |
| Name and Address | ....................................................... |
| ....................................................... | |
| ....................................................... | |
| Respondents : | ....................................................... |
| ....................................................... | |
| ....................................................... |
Chapter VI
Protection of Life and Property of Senior Citizens
20. Action Plan for the protection of life and property of senior citizen.
Chapter VII
State Council and District Committiees of Senior Citizens
21. State Council of Senior Citizens.
| (1) | Minister Government of Madhya Pradesh Department of SocialJustice | Chairperson |
| (2) | Principal Secretary/Secretary Special Justice | Member |
| (3) | Principal Secretary/Secretary Home Department | Member |
| (4) | Principal Secretary/Secretary Health Department | Member |
| (5) | Principal Secretary/Secretary Finance Department | Member |
| (6) | Commissioner Public Relation | Member |
| (7) | Director Pension | Member |
| (8) | Two Senior Worker 9 Worker for the Welfare for senior citizens | Member |
| (9) | Representative of Pensioner association | Member |
| (10) | Commissioner/Director Social Justice | Member/ Secretary |
22. District Committe.
| (1) | Collector | Chairperson |
| (2) | Suprintendent of Police | Member |
| (3) | Chief Medical Officer | Member |
| (4) | Chair Person Rotary/Lions Club | Member |
| (5) | Secretary Rad Cross Society | Member |
| (6) | Two Social Workers (one from old age home) | Member |
| (7) | Representative of Pensioners Association | Member |
| (8) | Two Donor | Member |
| (9) | Deputy Director Social Justice Department | Member/ Secretary |
1. Particulars of the application-
2. Particular of the respondent .......................................................
3. Jurisdiction of the Tribunal. - the applicant declares that the subject matter of the case against which he wants redressal is within the jurisdiction of the Tribunal.
4. Facts of the case. - The facts of the case are given below:-
5. Relife(s) south. - In view of the facts mentioned in Para-4 above the applicant seeks issue of the following:
6. Interim order, if prayed for. - Pending final decision on the application the applicant seeks issue of the following:
Interim Order:-(Give here the nature of the interim order prayed for with reasons)7. Details of the remedies exhausted. - The applicant declares that he has availed of all the remedies available to him.
8. Matter not pending with any other court. - The applicant further declares that the matter regarding which this application has been made is not pending before any Court of Law or any other authority or has not been rejected by any Court of Law or other authority
9. Detail of Index. - An index in duplicate containing the details of the documents to be relief upon is enclosed.
VerificationI, ............................................. (Name of applicant) S/o ..................... D/o ...................... W/o ..................... age ...................... resident of ................................................. do hereby verify that the content for paras 1 to 9 are ture to the best of my personal knowledge and that nothing material has been concealed thereform.Place .................................................Date ................................................Signature of the applicant.Form - K[Rule 17(1)]Appeal No. ............................./ ......................| Applicant : | |
| Name and Address | ....................................................... |
| ....................................................... | |
| ....................................................... | |
| Respondents : | ....................................................... |
| ....................................................... | |
| ....................................................... |