CHANDIGARH ADMINISTRATION SOCIAL WELFARE DEPARTMENT f NOTIFICATION No. SWI/Sr. Citizens Act/2008/8542 Dated:22.10.2008 In pursuance of the provisions of Sub-section (3) of Section 1 of the Maintenance and Welfare of Patents and Senior Citizens Act, 2007 (Central Act No. 56 of 2007), and all other powers enabling him in this behalf, the Administrator, I J. I.
Chandigarh is pleased to appoint the 22nd day of October, 2008, the date on which the aforesaid Act shall come into force.
RAM NIWAS SECRETARY SOCIAL WELFARE CHANDIGARH ADMINISTRATION.
No.SWI/Sr. Citizens Act/2008/8543 Dated Chandigarh, the 22.10.2008 A copy is forwarded to the Director, Government of India Ministry of Social Justice & Empowerment, New Delhi for information with reference to letter No.l 5-36(29)/2004-AG dated 2.7.2008.
Sd/- Director Social Welfare, for Secretary Social Welfare, Chandigarh Administration.
No.SWI/Sr. Citizens Act/2008/8544 Dated Chandigarh, the 22.10.2008 A copy is forwarded to the Controller, Printing & Stationery Department, U.T. Chandigarh with a request to publish the above notification in the next issue ot' the official gazette of Chandigarh Administration and to supply 10 copies thereof to this office for official use.
Sd/- Director Social Welfare, for Secretary Social Welfare.
Chandigarh Administration.
True Copy a Scanned by CamScanner 4 ti'lii! CHANDIGARH ADMINISTRATION SOCIAL WELFARE DEPARTMENT M NOTIFICATION io, SWl/Sr. CltiSKtts Act/Trlbunals/2008/ Dated Chandigarh, the 9 Inview of the Social Welfare Department, Chandigarh Adminisli alkn.
notification beaiWNo. SWI/Senior Citizens Act/2008/8542-854 dated 22.10.2(1(!;- , and in exerclseiofiiftowers conferred under Section 7(1) and (2) and Section l.M and (2) of the Maintenance and Welfare of Parents and Senior Citizens Act. TO:’ (Central Act Nbbi'iBfi of 2007), the Administrator, U.T. Chandigarh is pleased H declare the offices of Sub Divisional Magistrates as the Maintenance Tribunal*:
lor the purposeiirofi adjudicating and deciding upon the order for maintenain c the area concerned under Section 5 of the said Act and the office of ITst'i :
Magistrate, ApUMfate Tribunal to hear the appeal against the ordt i i » fribunal respectively the jurisdiction of Union Territory of Chandigarh RAM N1WAS SECRETARY SOCIAL WELF ARI CHANDIGARH ADMIN1STPA1 U M'1 No.SWl/Sr. Citiiferis Act/Tribunals/2008/ 9'7 $3 Dated Chandigarh, the 2.1^2 t> | Ai copy is forwarded to the followingsi) District Magistrate, Chandigarh;
ii) Ail the Sub Divisional Magistrates, U.T. Chandigarh;
for information and necessary action.. / pirector Siaal Welfare, |Fpr Secretary Social Welfare, ■Ghandigarl^dministration.
i lai Welfare, No. SWI/Sr. Cltttfins Act/Tribunals/2008/ 97Svj - Dated Chandigarh, the Ai iCopy is forwarded to* the Controller, Printing & Station -. ?
Department, UM Chandigarh with a request to publish the above notification - ■> rhe next: issue' Of Gazette of Chandigarh Administration andrto supply 10 irev thereof to this OfWce for official use. Iridfe)/Welfare,'birector So* For SecretarySocial Welfare, (ityandigart^ Administration Scanned by CamScanner i__ [Extract from the Chd. Admn. Gaz„ dated the 1st September, 2009] CHANDIGARH ADMINISTRATION SOCIAL WELFARE DEPARTMENT Noiification The 12th August, 2009 No. SWUSenlor Citizens Rules/2009/6547 —In exercise by section 32 of The Maintenance and Welfare of Parents and (56 of 2007), the Administrator, U.T., Chandigarh is pleased to of the powers conferred Senior Citizens Act, 2007 make the following rules, namely :—
CHAPTER I Preliminary
1. Short title and commencement :
(1) These rules may be called the Chandigarh Maintenance of Parents and Senior Citizens Rules. 2009.
(2) They shall come into force from the date of their notification in the Official Gazette.
2. Definition :
(1) In these rules, unless the context otherwise requires,—
(a) "Act" means the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007) ;
(b) "Application" means an application made to a tribunal under section 5 ;
(c) "Blood Relations", in the context of a male and a female inmate, means father daughter, mother-son. and brother-sister (not cousins) ;
(d) "Form" means a form appended to these rules ;
(e) Inmate , in relation to an old age home, means a senior citizen duly admitted to reside in such a home ;
(f) Opposite party means the party against whom an application for maintenance has been filed under section 4 ;
(g) '‘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 ;
(h) “Schedule" means a Schedule appended to these rules ;
(i) "Section" means a section of the Act ;
(j) "State Government" means the Administrator of Union Territory ol Chandigarh.
(2) The words and expressions defined in the Act but not defined in these rules shall have the same meaning respectively assigned to them in the Act.
CHAPTER II Procedure for Maintenance Tribunal and Conciliation Officers
3. Panel for appointment as Conciliation Officers :
(1) Every Tribunal shall prepare a panel of persons suitable for appointment as Conciliation Officer under sub-section (6) of section 6, which shall include the Maintenance Officers designated under section 18.
Scanned by CamScanner
(2) Persons referred to under section
(a) is referred io under sub-rule (1). other than Maintenance Officers. designated 18, shall be chosen subject to fulfilling the following conditions, namely .
he should be associated with an organization which is working for the welfare of senior citizens and/or weaker sections or in the area of education, health, pove £ alleviation, women's empowerment, social welfare, rural development oi fields, for at least two years with an unblemished record of service ,
(b) he should be a senior office-bearer of the organization ; and
(c) he should possess good knowledge of law :
Provided that a person who is not associated with an organisation of the kind mentioned above, may also be included in the panel mentioned in sub-rule (1) subject to fulfilling the following conditions, namely
(i) he must have a good and unblemished record of public service in one or more of the areas mentioned in clause (a) ; and
(ii) he should possess good knowledge of law.
(3) The Tribunal shall publish the panel mentioned in sub-rule (1) for general information at least twice every year, on 1st January and 1st July, respectively, and every time any change is effected therein.
4. Procedure for filling an application for maintenance, and its registration :
(1) An application for maintenance under section 4 shall be made in Form 'A', in the manner laid down in clauses (a) and (b) of sub section (1) of section 5.
(2) On receipt of an application under sub-rule (1), the Presiding Officer shall cause—
(a) its essential details to be entered in a Register of Maintenance Claim Cases, fo be maintained in such form as the State Government may direct, and
(b) its acknowledgment in Form 'B' to be given, notwithstanding anything contained in rule 5, to the applicant or his authorized representative in case of hand delivery, and its dispatch by post in other cases and the acknowledgment shall specify, inter alia, the registration number of the application.
(3) Where a Tribunal takes cognizance of maintenance claim, suo motu, the Presiding Officer shall, after ascertaining facts, get Form 'A' completed as accurately as possible, through the staff of the Tribunal, and shall, as far as possible, get it authenticated by the concerned senior citizen or parent, or any person or organisation authorized by him and shall cause the same to be registered in accordance with clause (a) of sub-rule (2) above.
5. Preliminary Scrutiny of the application :
(1) On receipt of an application under sub-section (1) of section 5, the Tribunal shall satis^r itself that—
(a) the application is complete ; and
(b) the opposite party has, prima facie, an obligation to maintain the applicant in terms of section 4.
(2) In case where the Tribunal finds any lacuna in the application, it may direct the applicant to rectify such lacuna within a reasonable time limit.
Scanned by CamScanner 3I f' Notice to the Opposite Party : of 5. it
(1) Once the Tribunal is satisfied on the points mentioned in su ^mtenance b—- hwHn snail cause to be issued to each person against whom an application or m filed, a notice in Form 'C' directing them Io show cause why the app tea should not be granted, along with a copy of the application and its enc osur manners :— -t has been maintenance the following
(a) by hand delivery (Dasti) through the applicant if he, so desire process server ; or else through
(b) by registered post. be
(2) The notice shall require the opposite party to appear in person, on ainfenance specified in the notice and to show cause, in writing, as to why the application or tribunal should not be granted and shall also inform that, in case he fails to respond o 1 >
(3) In case the Tribunal passes an order of impleadment under sub-rule (2), it shall cause a notice to be issued to such impleaded party in Form "C" in accordance with rule 6.
10. Reference to Conciliation Officer :
Cl) In case, on the date fixed in the notice issued under rule 6, the opposite party appears and show cause against the maintenance claim, the Tribunal shall seek the ODininn nt both the parties as to whether they would like the manor tn kq a . ~ T n °* and it they express their willingness in th s behalf the Tnbunal ,h » tJ° * Concl"a,ion °",ce' like the matter to be referred to a person metoded in m , * 'hem whe,her ,hey wouW other person acceptable to both paZ ” Prepared Und6r rule 3 “ t0 any shall proceed ex parte.
(3) Simultaneously with the issue ot notice under sub-rules (1) and (2), the app1 shall also be informed of the date mentioned in sub-rule (2), by a notice issued in or
(4) The provisions of Order V of the Code of Civil Procedure, 1908, shall applymutatis mutandis, for the purpose of service of notice under sub-rules (2) and (3).
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 :
(1) An application by the opposite party, under the proviso to sub-section (5) of section 5, to implead any other child or relative of the applicant shall be filed on the first date of hearing as specified in the notice issued under sub-rule (2) of rule 6 :
Provided that no such application shall be entertained after such first hearing, unless the opposite party shows sufficient cause for filing it at a later stage.
(2) On receipt of an application under sub-rule (1), the Tribunal shall, if it is prima facie satisfied, after hearing the parties, about the reasonableness of such application, issue notice to such other child or relative to show cause why they should not be impleaded as a party, and shall after giving them an opportunity of being heard, pass an order regarding their impleadment or otherwise.
Scanned by CamScanner
(2) If both the parties agree on any person whether included in the panel under rule 3 or otherwise, the Tribunal shall appoint such person as the Conciliation Officer in the case, and shall refer the matter to him, through a reference/letter in Form "E", requesting the Conciliation Officer to try and work out a settlement acceptable Io both parties, within a period not exceeding orie month from the date of receipt of the reference. |
(3) The reference in Form "E" shall be accompanied with copies of the application and replies of the opposite party thereto.
11. Proceeding by Conciliation Officer :
(1) Upon receipt of reference under rule 10 the Conciliation Officer shall hold meetings with the two parties as necessary, and shall try to work out a settlement acceptable to both the parties, within a period of one month from the dale of receipt of the reference.
(2) If the Conciliation Officer succeeds in working out a settlement acceptable to both the parties, he shall draw up a memorandum of settlement in Form 'F', get it signed by both parties, and forward it, with a report in Form 'G', along with all records of the case received from the Tribunal, back to the Tribunal within a month Irom the receipt of the reference.
If the Conciliation Officer is unable to arrive at a settlement within one month of reference under rule (10), he shall return the papers received from the Tribunal report in Form 'H', showing efforts made Io bring about a settlement and the points between the two parties which could not be reconciled.
(3) receipt of a along with a of difference
12. Action by the Tribunal in case of settlement before a Conciliation Officer :
(1) In case, the Tribunal receives a report from the Conciliation Officer under sub-rule
(2) of Rule 11, along with a memorandum of settlement, it shall give notice to both parties to appear before it on a date to be specified in the notice, and confirm the settlement.
(2) In case on the date specified in the notice as above, the parties appear before the Tribunal and confirm the settlement arrived at before the Conciliation Officer, the Tribunal shall pass a final order as agreed in such settlement.
13. Action by the Tribunal in other cases :
(1) In case,—
(i) the applicant(s) and the opposite parties do not agree for reference of their dispute to a Conciliation Officer as per rule 10 ; or
(ii) the Conciliation Officer appointed under rule 10 sends a report under sub-rule (3) of rule 11, conveying inability to work out a settlement acceptable to both the parties ; or
(iii) no report is received from a Conciliation Officer within the stipulated time-limit of one month, or
(iv) in response to the notice issued under sub-rule (1) of rule 12, one or both the parties decline to conform the settlement worked out by the Conciliation Officer.
The Tribunal shall give to both the parties an opportunity of leading evidence in support of their respective claims, and shall, after a summary inquiry as provided in sub-section (1) of section 8, pass such order as it deems fit.
(2) An order passed under speaking one, spelling out the facts of for the order.
rule 7, rule 8 or under sub-rule (1) above shall be a the case as ascertained by the Tribunal, and the reasons Scanned by CamScanner 6° " 5 ite Party 10 paV , J1*'6 Passing an order under sub-rule (1), directing the Pg-(£jeration ■ — an applicant, the Tribunal shall lake the following into c]Othin0.
amount needed by the applicant Io met his basic needs, eSpeC accommodation, and healthcare, income of the opposite party, and . me app'|Catl1 il gny, u value of and actual and potential income from the property.
which the opposite party would inherit and/or is in posses shall be an apP1,ca on’ ehall be copy of every order passed, whether final or interim, person. °r given to the applicant(s) and the opposite party or their representatives, I sent to them through a process server or by registered post.
Maximum maintenance allowance : ogjte party 10 The maximum maintenance allowance which a Tribunal may order thrfe jn suCh a shall, subject to a maximum of rupees ten thousand per month, be f,xe arty, divide it does not exceed the monthly income from all sources of the °ppOSIarnong the opp°st the number or persons in his family, counting the applicant or applicants also party's family members.
CHAPTER 111 Procedure of Appellate Tribunal
15. Form of appeal :
An appeal under sub-section (1) ol Section 16 shall in Form T, and shall be accompanied by a copy of the Tribunal.
16. Registration and acknowledgement of appeal :
On receipt of an appeal, the Appellate Tribunal maintained for the purpose in such from as I s'*, ^maintenance
(a)
(b)
(c)
(4) a
14.
pay that be filed before impugned order the APPe«a» Tribunal ,heofZ Maintenance shall register it in a register to be and shall. after the appeal number on receipt oi an appeal, uie nppeiimc mumiai direct maintained for the purpose in such from as the State Government ma/ t>1 registering such appeal, give an acknowledgement to the appellant, specify and the next date of hearing, in Form 'J Notice of hearing to the respondent :
(1) On receipt of an appeal, the Appellate Tribunal shall its seal and assigning an appeal number, cause, notice to be served upon P signature in Form 'K'.(2) The notice unde, sub-rule (1).shall he issued through reg.ste.ed post wr.h acknowledgement due, or through a process server.
(3) The provisions of Order V
17. after registering the case and Civil Procedure Code shall apply mutalis mutandis for the purposes of service of notice issued under sub-rule (1,.
CHAPTER IV old age homes established under section 19 citizens :
accordance with the of the Scheme for Management of
18. Scheme for management of old age homes
(1) Old age homes established under section following norms and standards (A) The home shall have physical facilities operational norms as laid down in the for 19 indigent shall be shall beand Schedule ;
rsenior run in run in accordance with the Scanned by CamScanner (B) Inmates of the home shaft be selected in accordance with the following procedure-
(a) applications shall be invited al appropriate intervals, but at least once each year, from indigent senior citizens, as defined in section 19 of the Act, desirous of living in the home ; ' ,
(b) in case the number of eligible applicants on any occasion is more than the w number of places available in a home for admission, selection of inmates will > be made in the following manner —
(i) the more indigent and needy will be given preference over the less indigent applicants ;
(ii) other things being equal older senior citizens will be given preference over the less old ; and
(iii) other things being equal, female applicants will be given preference over male applicants.
Illiterate and/or very infirm senior citizens may also be admitted without any formal application if the District Magistrate or other competent authority, designated by him for the purpose, is satisfied that the senior citizens is not in a position to make a formal application, but is badly in need of shelter.
(C) While considering, applications or cases for admission, no distinction shall be made on the basis of religion or casie ;
(D) The home shall provide separate lodging for men and women inmates, unless a male and a female inmate are either blood relations or a married couple ;
(E) Day-to-day affairs of the old age home shall be managed by a Management Committee which shall be constituted in accordance with orders and guidelines issued by the State Government from time to time, such that inmates are also suitably represented on the Committee.
(2) State Government may issue detailed guidelines/orders from time to time for admission into and management of old age homes in accordance with the norms and standards laid down in sub-rule (1) and the Schedule.
CHAPTER V Duties and Powers of the District Magistrate
19. Duties and powers ot the District Magistrate :
(1) The District Magistrate shall perform the duties and exercise the powers mentioned in sub-rules (2) and (3) so as to ensure that the provisions of the Act are properly carried out in his district.
(2) It shall be the duty of the District Magistrate to—
(i) ensure that life and property of senior citizens ot the district are protected and they are able to live with security and dignity ;
(ii) oversee and monitor the work of Maintenance Tribunal and Maintenance Officers of the district with a view to ensuring timely and fair disposal of applications for maintenance, and execution of Tribunals1 orders ;
Scanned by CamScanner
(iv) (V)
(vi)
(vii) 7 oversee and monitor the working of old age homes m the other guidelines that they conform to the standards laid down in these rules, and orders of the State Government ; Central and ensure regular and wide publicity of the provisions of the Ac^ _ State Government's programmes for the welfare of senio Kendras, encourage and coordinate with panchayats, rnun’c|Pal'l'eSq„^/jce Scheme L’n^s’ educational institutions and especially their Nationa distrjCt so that thei organisations, specialists, experts, activists, etc, working i senjor citizens of e resources and efforts are effectively pooled for the we a district ; . • in the event of provision ol timely assistance and relief to senior caia-- ■ emergencies ;
4 ensure p ’ ........ a.
natural calamities and other ensure
(viii)
(ix) periodic sensitization of officers of various Departments and. ^zenSi and concerned with welfare of senior citizens, towards the needs of sue the duty of the officers towards the latter ;
review the progress of investigation and trial of cases relating to senior citize the district, except in cities having a Police Commissioners ;
ensure that adequate number of prescribed application forms for mai pen^^jces available in offices of common contact for citizens like Panchayats, ros Block Development Officers, Tehsil Offices, Collectorate, Police Stations, e c promote establishment of dedicated Helplines for senior citizens at district headquarters, to begin with and perform such other functions as the State Government may, by order, assign to the District Magistrate in this behalf, from time to time.
(3) With a view to performing the duties mentioned in sub-rule (21. the District Magistrate be competent to issue such direction
(x)
(xi) shall general guidelines of the State Government or -*-* *statutory
(a)
(b)
(c)
(d) _______ in sub-rule (2), the District Magistrate , not inconsistent with the Act, theses rules, and , as may be necessary, to any concerned government agency or body working in the district, and especially to the following :— Officers of the State Government in the Police, Health and Publicity Departments, and the Department dealing with welfare of senior citizens ;
Maintenance Tribunals and Conciliation Officers ;
Panchayats and Municipalities ; and Educational Institutions.
CHAPTER VI Protection of Life and Property of Senior Citizens senior citizens :
20. Action plan for the protection of life and property of <_ --------- ■---------c(1) The Senior Superintendent of Police, shall take all necessary steps, subject to such guidelines as the State Government may issue from time to time, for the protection of life and Property of senior citizens.
(2) Without prejudice to the generality of sub-rule (1),—
(i) each police station shall maintain la.— ■ • ____ i an up-to-date list of senior citizens living within its jurisdiction, especially those who are living by themselves (i.e. without there being any member in their household who is not a senior citizen).
Scanned by CamScanner I -...» of a request of assistance from them - k W complaints/probtems ot senior citizens shall be promptly attended to, by the police.
(w) one or more Volunteers’ Committee(s) shall be formed for each Police Station which shall ensure regular contact between the senior citizens, especially those living by themselves, on the one hand , and the police and the district administration on the other.
(v) the Senior Superintendent of Police shall cause to be publicized widely in the media and through the Police Stations, at regular intervals, the steps being taken for the protection of life and property of senior citizens.
(vi) each Police Station shall maintain a separate register containing all important particulars relating to offences committed against senior citizens in such form as the State Government may, by order, specify.
(vii) the register referred to in clause (vi) shall be kept available for public inspection, and every officer inspecting a Police Station shall invariably review the status as reflected in the register.
(viii) the Police Station shall send a monthly report of such crimes to the Senior Superintendent of Police by the 10th of every month.
(ix) list of Do's and Don'ts to be followed by senior citizens in the interest of their safety will be widely publicized.
(x) antecedents of domestic servants and others working for senior citizens shall be promptly verified, on the request of such citizens.
(xi) community policing for the security of senior citizens will be undertaken in conjunction with citizens living in the neighbourhood, Residents Welfare Associations, Youth Volunteers, Non-Government Organizations, etc.
(xii) the Senior Superintendent of Police shall submit to the Inspector General ot Police and to the District Magistrate, a monthly report by the 20th of every month, about the status of crime against senior citizens during the previous month, including progress of investigation and prosecution of registered offences, and preventive steps taken during the month.
(xiii) the District Magistrate shall cause the report to be placed before the State Level Coordination-cum-Monitoring Committee constituted under rule 22.
(xiv) The Inspector General of Police shall cause the reports submitted under clause
(xii) to be compiled, once a quarter, and shall submit them to the State Government every quarter as well as every year for, inter alia, being place before the Slate Council of Senior Citizens constituted under rule 21.
Scanned by CamScanner
21.
CHAPTER VII and District Committees of Senior Citizen9 S,ate Council S,ate Council of s®nfl) r Cit,“ns ;
tfle s,a,e Govemment"1'801 may’ by order' establlsh a State Council of Senior Ons in relation to seni °°- e,,ective implementation of the Act and to perform citizens as the State Government may specify.
State Council (0 Citizens to such other <")
(iii)
(iv)
(v) shall consists of the following members, namely '■ Chairman,Secretaries-in-charge of welfare of Senior Citizens ;
Secretaries of Departments of the State Government dealing with Disabilities Senior Citizens Welfare Health, Home Publicity, Pensions, and other subjects of concern to the senior citizens ;
Such number of specialists and activists in the field of welfare of senior citizens, as the State Government may determine, to be nominated by the State rzGovernment ;
Such number of eminent senior citizens,..... as Government may determine, but not less in than the ex officio members in the Council, nominated by the State Government ;
the State number beto ex officio Members ex officio Members .. Members Director incharge of Senior State Citizens Welfare in the .. Member-Secretary, ex-officio
(3) The State Council shall meet at least once in six months.
(4) Tenure of the members of the State Council, other officio members, rules of procedure of the Council and other ancillary matters shall be such as the State Government may, by order, specify.
than ex
22. State/District Committee of Senior Citizens :
(1) The State Government may, by order, establish a State Committee of Senior Citizens to advise an effective and coordinated implementation of the Act and to perform such other functions in relation to senior citizens at the State Level as the State Government may specify.
(2) The State Committee shall meet once every quarter.
(3) Composition of the Committee, tenure of members (other than ex officio members), rules of procedure and other ancillary matters shall be such as the State Government may, by order, specify.
RAM NIWAS, Secretary, Social Welfare, Chandigarh Administration.
Scanned by CamScanner
SCHEDULE (See Rule 18) i Norms of Physical Facilities and Operational Standards for an Old Agej Indigent Senior Citizens Established under Section I. Physical Facilities further expansion, etc.
2. Living Space.—The old age home shall, as far as possible, have minimum area per inmate as per the following norms :—
(i) area of bedrooms/dormitory per inmate .. 7.5 sq. meters
(ii) living area or carpet area per inmale i.e. including .. 12 sq. meters
(i) 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 ;
(Hi) electricity, fans and heating arrangement for inmates (as necessary) ;
(iv) Kitchen-cum-store and office ;
(v) dining nail ;
(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 healthcare facilities.
The old age home should be barrier-free with provision of ramps and handrails, and where necessary, lifts, etc.
II. Operational Standards
1. 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.
Scanned by CamScanner — >■!« ...... . . - —■ 11 [ FORM A (See Rule 4t1 Vj Application for Maintenance In the Maintenance Tribunal Constituted unaer Sechon 7 of the Maintenance and Welfare or Parents and Senior Citizens Act. 200" 1 Name of the applicant :
'Senior Citizen Parent :
Organization RWA Senior Citizen Organization
2. Name of Father Husband. :
Organization
3. Full Postal Address :
4 Name of ChikirerVRelativeZSex Present Address I I
5. Yearly income of the Children, relative from all sources :— I I ul Complaint :
Verification I do hereby verify that the statements made above by me are true to the best ol my knowledge and belief and in verification thereof I put my signature hereunder.
Signature ot the applicant.
Explanation— 1For the purpose of Sectton 5(1) (b) ’Organization" means any voluntary association registered under the Society Registration Act, ■’860. or any other law tor the time being in force.
Scanned by CamScanner FORM A the*
1.
[Form for «hng «r. ***** Maintenance and Welfare ot Parents ano Name of the <\v*ate ThOun# untie* Section 16(11 of Se-'^or Cituens Act. 2W*’| 2 Name of Father Husitano 3, Complete Postal MOvss ax $e Nc Sectof <xy<.v iStaKr* Pos OKre Fm Code (Ns-ct Na~v of Chtewtffteiafcve mr- wm- nsr’«v xv ow-vc P^ese-C aod’sss o’ Children JR&tewe m V' Sector ' ■oxv Sxxxv '\v JY-ce Pr Code DtS’x* °e~ia ■»5T. sod-ess o' Ohiid’seo'^eisi'* l£ *Ax.se No S«sctc< ~'o<ce Ssmct - v CWce -'r Code Xsx.T Yearn mcome o’ me C^itcreT.Ftesane from all sources S Derails or otter aaans: wiur m~ □Tese->: aooea ts nemo thee S. 3rD.rvs zf Aasa
10. Relief prayec to ll. payer. r am Venficaier Appelant f do ne’etn ve-m that re ssra-e-ii —aoe ico«*= > m= 3f= true X Te oest or my cncreoeoge anc meire- a~c r lemcsicr render xr -m scnSLre -ensurcer Signature of Aoc»*cant Scanned by CamScanner - - 13 FORM B‘ Before the Maintenance Tribunal [Exercising the powers of Maintenance Tribunal under Section 4(1) of the Welfare of Parents and Senior Citizens Act, 2007).
Maintenance apd son ofReceived from Smt./Shri/Ms.
four copies of the application preferred under sub-section (1) of and Welfare of Parents and Senior Citizens Act, 2007 which has b Smt./Shri/Ms. _____ _________ Section 4 of the Maintenance registered and assigned the Application No._____ ___________ of 2009 Signature with Seat Scanned by CamScanner runwi Before the Presiding Officer, Maintenance [Exercising the powers of Maintenance Tribunal under Section 4(1) Welfare of Parents and Senior Citizens Act, 20 I Tribunal I i of the Maintenance and " f I Application No.
of 2009.
Shri/Smt. _ Applicant versus .. Respondent Shri/Smt. ----- Notice of Cause <•> Afn of the Maintenance Whereas an appeal under ec ^en ined as Senior Citizens Act, 2007. wherem you h^ is enclosed, has and Welfare of Parents and Respondent and of which a copy been presented to this Tribunal informed that the said applied - - - - and ,ha7 ffanT^your wX statement 3 (Three) days before in mis TribunalI onUhat^oe, of your appearance on the date a—toned the case absence.
the seal of the Tribunal this By Order of the Maintenance Tribunal, You are hereby A.M. on appear day either in person Take notice that in default be heard and decided in your Given under my hand and day of _— may that shall , 2009.
Signature with Seal.
Scanned by CamScanner Smt./Shri/Ms. ___________________ _______ APPlicant versus Smt./Shri/Ms.____________________ ______ Respondent Notice Whereas an Application has been filed by you under Section 4(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before this Tribunal.
Whereas now this Tribunal has fixed your application for hearing at ________________ A.M. on _________________ .
Whereas now if you wish to urge anything in support of your please taken in your application, you may appear in this Tribunal on that date either in person or through any Advocate duly instructed.
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 , 2009 By Order of the Maintenance Tribunal, ________ _ Signature with Seal.
Scanned by CamScanner Before the Presiding FORM 'E' Officer, Maintenance Tribunal [Exercising the powers ot Appellate Tribunal of Parents and Senior Citizens Act, 2007].
under Section 4(1) of the Maintenance and Welfare To Subject : Application No.____________________(____________________ versus-------------------------) Whereas an Application has been filed by the Applicant under Section 4(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before this Tribunal.
Whereas the subject cited Application was fixed for hearing on _ _____________ 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.
Whereas the Tribunal has sought the opinion of both the parties as to whether they would like the matter to be referred to a Conciliation Officer.
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 a person included in the panel prepared under rule 5, 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 tty and work out a settlement acceptable to both the parties, within period not exceeding one month from the date of receipt of the reference.
Copies of the application and replies of the opposite party thereto are enclosed herewith.
Presiding Officer, Maintenance Tribunal.
Scanned by CamScanner i 17 —A FORM F MEMORANDUM OF SETTLEMENT This Memorandum of Settlement (MoS) is worked out on this___________________day of —____________ 2009 between_________ ______ (here-ln-after referred to as the “First Party") and Sh./Smt.__________________ (here in after referred to as the "Second Party").
Whereas the learned Maintenance Tiibunal/Appellate Tribune 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 ----------- -—_—_■ Whereas in pursuance to the orders of the Id. Tribunal, the Conciliation Officer, vide letter dated_______________ __ summoned both the parties to appear before him on--------------- — at ______________ a.m.
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 as under :— Now, therefore, the parties hereto hereby agree and this Memorandum of Settlement witnessed 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 sug stage, the sub clause (1), 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 conditions 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 Citizens Act, 2007 as well as the rules framed there under. Any other terms and conditions of the settlement.
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 Party Second Party Conciliation Officer Witness No. 1 Witness No. 2 Scanned by CamScanner form G Before .he Preefd.ng Offleer. Maintenance (Exercising (ho powers of Maintenance ' Welfare of Parents and Senior Citizens Ac , In Application No.
Shri/Smt.
Section versus Shri/Smt.
Submission of Report Respectfully showeth :
1. That this id. Tribunal was pleased to designale lhe undersigned as the Conciliation Officer under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act,
2007.
2. The order,—vide__________ , 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 ot Settlement dated___________ has been reached which is acceptable to both the parlies. 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 Officer.
Place :
Dated :
Scanned by CamScanner FORM H Before the Presiding Officer, Maintenance Tribunal I Exercising the powers of Maintenance Tribunal under Section 4(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007).
In Application No.____________ of 2009 Shri/Smt.______________________ Versus Shri/Smt. _______________ _ _ ____ .. Applicant Respondent Respectfully showeth :
1 That this id. Tribunal was pleased to designate the undersigned as the Conciliation Officer under the provisions of the Maintenance and Welfare of Parents and Senior Citizens 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, the Conciliation Officer,—vide his letter dated ___________ summoned both the 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 ______ ___ __,_______________ , ____________ . 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 .—
(a) - ----------- -----------------
(b) __________________
7. That the points of difference due to which the matter could not be reconciled are as under :—
(a) --------------------——
(b) _____ _____________
8. That in view of the facts stated above, the circumstances demand that this Id. Tribunal may proceed further in the matter as deems fit and proper in the circumstances of this case and the papers received from this Tribunal are returned herewith.
Conciliation Officer Place ;
Dated :
Scanned by CamScanner form I (FORM FOR FILLING AN APPEAL BEFORE THE APPELLATE TRIBUNAL UNDER SECTION 16(1) OF THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007) maintenance and welfare of
2.
3.
Name of Name of Complete the Appellant .
Father/Husband Postal Address House No.___ Police Station _ Post Office ___ District_______ .
_, Sector __ Pin Code___ 1
4. Name of Children/Relative from whom Maintenance claimed .
5. Present Address of Children/Relative :
House No. _____________ Sector ______ ___ Police Station___________________________ Post Office _____________ Pin Code______ District___ ____________
6. Permanent Address of Children/Relative :
House No. _______ ______ Sector-------------- Police Station ---------------------------------------------- Post Office ____ ________ P'n Code------------ District ________________—
7. Yearly income of the children/ relative from all sources :
8. Details of order against which the present appeal is being filed
9. Grounds of Appeal
10. Relief, prayed for
11. Interim prayer, if any Appellant Verification :
I 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 Applicant.
Scanned by CamScanner Before the Appellate Tribunal (Exercising the powers of Appellate Tribunal under Section 16(2) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007) Received from Smt./Shri/Ms._________ __________ _____________________________________ Son/HusbandM/ife of Shri______________ _________ __ ___________ , four copies of the appeal preferred under sub-section (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 2009.
Signature with Seal.
Scanned by CamScanner FORM K BEFORE THE APPELu \ c TRIBUNAL Exerasirx, the powers of Appellate Tribunal under Section o( Parents and Senior Citizens Act. 200. L 16(2) of the Maintenance ana Welfare Sa of 200sl Appeal No.
ShriSmt. ___ _______________________ .. Applicant versus ShrvSmt. _____________________ _ Respondent Notice of Cause Whereas an appeal under Section 16(1) of the Maintenance and Welfare of Parents and Senior Citizens Act. 2007. wherein you nave beer, c ned as respondent and of which a copy is enclosed, has been presented to this Tribunal.
You are hereby informed that the said appeal has been fixed for hearing at__________ a m.
on___________________ and that if you wish to u ge anything in reply to the appeal, you may appear in this Tribunal on that date, and file your written statement 3 (Three) days before that day either in person or through any Advocate duly instructed.
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________ 2009.
By Order of the Appellate Tribunal. __________________(Name of the City/State) Signature with seal.
12179 CCUT—Govt. Press, U.T.. Chd.
Scanned by CamScanner [Extract from the Chd. Admn. Gaz., dated the 1st September, 2009] CHANDIGARH ADMINISTRATION SOCIAL WELFARE DEPARTMENT Notification The 20th August, 2009 No. SWI/Citizens/2009/6798.—The Administrator, U.T., Chandigarh is pleased to constitute a penal of following persons as Conciliation Officers to assist the offices of Sub-Divisional Magistrates designated as Maintenance Tribunal in the Union Territory of Chandigarh under "The Maintenance and Welfare of Parents and Senior Citizens Act, 2007" :—
1. Shri P. C. Sanghi, Chairman, FOSWAC, # 2145, Sector 21-C, Chandigarh
2. Gen. (Retd.) Inderjit Singh Dhillon, # 1080, Sector 8-C, Chandigarh
3. Shri Prit Pal Singh, # 1015, Sector 8-C, Chandigarh
4. Shri Gurnam Singh, # 38, Sector 10-A, Chandigarh Scanned by CamScanner * Shr S 0 • 451 « A.
* Snm W 3 • i»3 Swcto '»A C**nag»r T W>« jMrtar MK • ’J46 ttf Root s*dto» >X • W M S Mm • Vg f frMtal M WWW • $»»■■ x n • 4V S4K49 M ( */’ lor-,** <^w« u r cm Scanned by CamScanner [Extract from the Chd.Admn. Gaz., dated the 1st July, 2010] CHANDIGARH ADMINISTRATION SOCIAL WELFARE DEPARTMENT Notification The 2nd June, 2010 No. SW1/Sr. Citizens/2010/4212.—In continuation to the Notification No. SW1/Citizens/2009/ 6798, dated 20th August, 2009, the following persons are also included in the panel of Conciliation Officers to assist the officers of Sub-Divisional Magistrates designated as Maintenance Tribunal in the Union Territory of Chandigarh under "The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
1. Shri Jagtar Singh, President, Defence Accounts Pensioners Welfare Association (Regd.), # 3042, Sector 15-D, Chandigarh
2. Shri D.C. Gupta, Sr, Vice President Defence Accounts Pensioners Welfare Association (Regd.), # 3042, Sector 15-D, Chandigarh 13207 CCUT—Govt. Press, U.T., Chd.
RAM NIWAS, Secretary Social Welfare, Chandigarh Administration.
Scanned by CamScanner J ■ff {Extract from the Chd ah emu mn' GaZ" da’ed *he 1st November, 2011] HANDIGARH administration SOCIAL WELFARE DEPARTMENT Notification No. SWt/Senio r- The 24th °Gfober- 2011 ^C,tn„®.°nhe Maintenance^ S.^"1?0310-"’ exercise ot the powers conferred by Pleased to make the 2°°7>'
CHAPTER—| 7 the Chandigarh Maintenance of Parents and Senior Citizens from the date of their notification in the Official Gazette.
, - ------------------Parents and Senior or through any advocate duly instructed’ stand omitted.
. - - - • -------- ; and Senior in your1, either and or through any advocate duly »» Administrator, uTcXVam ^nier'CltSns" aS ’■ Short “,te and commencement (AmendmerihRutersUl 2S0™y
(2) They shall come into force Citizens Rules 200Q F?"! C appended t0 the Chandigarh Maintenance of nuies, 2009, the words ‘either’ and ’ Citizens3RutesP 2nno °L=e Fo™ ,D, aPPended '° 'be Chandigarh Maintenance ot Parents yiuzens Huies, 2009, the words 'please taken i, ...............
instructed1 stands omitted.
n;- 4o ,'n Para 2 Of lhe Form K aPPended '0 'be Chandigarh Maintenance of Parents and Senior Citizens Rules, 2009, the words 'either' and 'or through any advocate duly instructed' stands omitted.
Chandigarh :
The 14th October, 2011.
771 CCUT—Govt. Press, U. T, Chd.
BRIJENDRASiNGH, Secretary, Social Welfare, Chandigarh Administration.
Scanned by CamScanner ORDER The Administrator, Chandigarh Administration vide notification No.SWVSenior Citizens Rules/2009/8547 dated 12.8.2009 has framed rules titled “The Chandigarh Maintenance of Parents and Senior Citizens, Rules 2009”.
Chapter VI (Para 20) of the rules deals with protection of life and property of senior citizens. The rules of Chapter VI (Para 20) are as under:
20-Action plan for the protection of life and property of senior citizen:
(1) The Senior Superintendent of Police, shall take all necessary steps, subject to such guidelines as the state government may issue from time to time, for the protection of life and property of senior citizens.
2. Without prejudice to the generality of sub-rule (1),- i Each police station shall maintain an up to date list of senior citizens living within its jurisdiction , especially those who are living by themselves (i.e. without there being any member in their households who is not a senior citizen).
I 1 ii A representative of the police station together, as far as possible, with a social worker or volunteer, shall visit such senior citizens at regular intervals of at least once a month, a id shall, in addition, visit them as quickly as possible on receipt of a request of assistance from them.
iii. Complaints/ problems of senior citizens shall be promptly attended to, by the local police.
Scanned by CamScanner iv. One or more volunteers committee (s) shall be formed for each police station which shall ensure regular contact between the senior citizens, especially those living by themselves, on the one hand and the police and the district administration on the other.
v. The Senior Superintendent of Police shall cause to be publicized widely in the media and through the police station, at regular intervals, the steps being taken for the protection ot life and property of senior citizens.
vi. Each police station shall maintain a separate register containing all important particulars relating to offences committed against senior citizens in such form as the state government may, by order, specify.
vii. The register referred to in clause (vi) shall be kept available for public inspection, and every officer inspecting a police station shall invariably review the status as reflected in the register.
viii. The police station shall send a monthly report of such crimes to the Senior Superintendent of Police by the 10th of every month.
ix. List of Do’s and Don’ts to be followed by senior citizens in the interest of their safety will be widely publicized, x. Antecedents of domestic servants and others working for senior citizens shall be promptly verified, on the request of such citizens.
Community policing for the security of senior citizens will be undertaken in conjunction with living in the neighbourhood, residents welfare associations, youth volunteers, non government organization etc.
xi.
Scanned by CamScanner z.b xii. I he Senior Superintendent of Police shall submit to the Inspector General of Police and to the District Magistrate., a monthly report by the 2011’ of every month, about the status of crime against senior citizens during the previous month, including progress of investigation and prosecution of registered offences, and preventive steps taken during the month.
xiii. The District Magistrate shall cause the report to be placed before the State Level Coordination-cumOMonitoring Committee constituted under Rule 22.
xiv. The Inspector General of Police shall cause the reports submitted under clause (xii) to be compiled, once a quarter, and shall submit them to the State Government every quarter as well as every year for, inter alia, being place before the Slate Council of Senior Citizens constituted under rule 21.
Chandigarh police has already taken several initiatives for the protection of life and property of the senior citizens. Necessary instructions were issued vide Circular No. 15/2003 and 18/2007 to all SDPOs and SHOs to interact with senior citizens and pay special attention to the security of their life and property residing in their area. Salahkar samities were constituted in each police stations as mechanism of institutionalizing police public interaction.
A Community Relation Unit was set up at police headquarters to monitor the neighbourhood watch scheme, effectiveness of police-public interactions, door-to-door visit by beat staff, special measures taken for the senior citizens, redressal of public grievances etc. etc.
Chandigarh police has also provided a toll free senior citizer s helpline of four digit 1090 toll free number in order to provide a quick ard responsive access of the senior citizens to the police at police headquarte s sector O, Chandigarh. The toll free O.1090 is being manned round the Scanned by CamScanner by the telephone attendants. On receipt of telephone calls requiring assistance, the PCR operator would send the nearest PCR vehicle to flit senior citizen. When immediate help is required, the operator would also inform the concerned police station for sending police ollicials. Whenever the matter relates to other departments, the concerned department would be informed for taking appropriate action.
Besides instructions are being issued from time to time regarding keeping regular interaction programmes with senior citizens in order to solve their grievances, paying door-to-door visits by beat staff to the senior citizens and to maintain a roster of senior citizens living alone Instructions were also given to all the police officials for giving due regard and courtesy to senior citizens while attending to their problems In view of (he framing of rules by the Chandigarh Administration, all SDPs and SHOs arc directed to take the following steps - I. All SHOs will pay special attention to the security of life and property of senior citizens residing in their areas -■ All SHOs will interact with senior citizens directly and through resident well associations on precaution to be taken reganlm security of life and property. One volunteer committee formed in each police station with the help of RWA to keep regular contact with senior citizens
3. Beat stall will intensify (he d<x>r-to-d<MX visits, and al toast once a week
4. Beat start will identify all the senior citizens residing alone in their beat and they will prepare a roster on the below mention proforma. - Sr No 1 1L_ j Name/ad dress of senior citizens »—il«WM . uu.r r ....J Tele No.
Name/ address of their family members Name' address of their tenant/ servants Wltet her information sheet of tenant servant issued or not L J —a t_. .... ........................
Scanned by CamScanner . >- *• CO S' A list of senior citizens on the above mentioned proforma be sent to the undersigned through I/C CRU, who will maintain the consolidated record of senior citizens.
6. The list of senior citizen be updated every 3 months.
7. All police stations will maintain new register titled ‘Senior Citizens Register’ for monitoring the visit of beat staff to the senior citizens. These register would be maintained beat wise i.e. one register for every beat and while making the door-todoor visit the beat official would obtain the signature of the senior citizens as a token of acknowledgement of their visit.
The senior citizen register would be maintained as per the following proforma:- Sr.
No.
Name/address of senior citizens Date of visit & time Remarks Signature of senior citizen 1 1
8. Complaints/ grievances of senior citizens be attended to promptly and efforts be made to redress at the earliest. A register be maintained regarding complaints/ grievances of senior citizens as per following format:
1Sr No 1 Name/address of sr citizens No. of FIR/ Complaint Under section Gist ofl case/ complaint Remarks 1 (action taken) \ 1 | L
9. A monthly report regarding the visits to senior citizens by the beat staff be sent to the undersigned through I/C CRU, who will compile the reports and put up to the undersigned for perusal as per below proforma Sr.
No.
PS Total Number of senior citizens How many times visited by beat staff----- ------------ . 1 Scanned by CamScanner
10. A monthly report regarding the complaints/ cases of senior citizens be also sent to the undersigned through I/C CRU, who will compile the reports and put up to the undersigned for perusal as per below proforma:
Sr No Name/ address of sr citizen No. of FIR/ Complaint Under section Gist of case/ complaint Remarks (action taken) J
11. I/C CRU will send a copy of monthly report of para 13 to the IGP and DM for information. A quarterly report be also prepared for sending to the Chandigarh Administration.
12. Senior citizens be motivated to get the antecedents verified of their tenants/ servants. Information sheets of servants/ tenants be issued to verify their antecedents.
13. Senior Citizens residing alone be motivated to install security gadgets in their houses and keep valuable in the lockers.
14. Pamphlet of Dos and Donts’be circulated in the area. |
15. SHOs will check the senior citizens register on monthly basis.
16. SDPOs will check and review the senior citizens registers while visiting police station for surprise checking and informal inspections.
17. All SDPOs will also publicized widely in the media and public meetings with the general public about the steps taken for the protection of the life and property of the senior citizens.
All concerned to note for meticulous compliance.
Senior Superintendent of Police, UT, Chandigarh Scanned by CamScanner No.20156-85/UT/E-6 dtd. 14/06/2010 Copy to:-
1. The Home Secretary, Chandigarh Administration for favour of information.
2. The IGP for favour of information.
3. The Deputy Commissioner, Chandigarh.
4. The Director Social Welfare, Chandigarh
5. All SDPOs
6. All SHOs.
7. IC/CRU
8. R/SSP True copy Advocate Scanned by CamScanner ORDER T|ie, Programme Officer, ICDS Cell, UT, Chandigarh is hereby designate ■< Senior Citizens Act, 2007 in Chandigarh.
ANIL KUMAR SECRETARY SOCIAL WEI .PA I-’ I CHANDIGARH ADMINISTRATE).- ’ action:
A copy is forwarded to the following for information and further necessary District Maigistrate-cum-Deputy Commissioner and Appellate Authority (Under the',‘iThe Maintenance and Welfare of Parents and Senior Citizens Act, 2007) VT, Chandigarh Sub Divisional Magistrate (Central) & Maintenance Tribunal (under tin- ‘The Mainjt^ihnce and Welfare of Parents and Senior Citizens Act, 2007) UT, Chandigarh Sub Divisional Magistrate (South) & Maintenance Tribunal (under the "The Maintenance &nd Welfare of Parents and Senior Citizens Act, 2007) (JT, Chandigarh.1 Sub Divisional Magistrate (East) & Maintenance Tribunal (under the "’la Maintenance1 and Welfare of Parents and Senior Citizens Act. 2007) ! i.
Chandigarh11 ' Director Sc ial V' for Secretary Social ^^Chandigarlj^Admini.stratron A copy is (forwarded to the Programme Officer, ICDS Cell. UT. Chandicail " ndormativn and necessary aclion.
Director Social Welt-,in for Secretary Social Wulfim- .QhartdigarlV/Adtniirsi ration.
Scanned by CamScanner CHANDIGARH ADMINISTRATION SOCIAL WELFARE DEPARTMENT No SWI/Sn Citizens Act/2013/ ORDER Dated:
The Administrator, U.T. Chandigarh is pleased to designate the Women and Child iHelp line as Helpline for the Senior Citizens. This helpline would be functional 24 x 7. The Managing Director, Chandigarh Scheduled Castes, Backward Classes & Minorities Financial & Development Corporation will provide additional services of 2 counsellors and 2 team mates.
I This Helpline will provide counseling services to the Senior Cit zens specifically,^ The Counsellors may refer the cases of Senior Citizens to the Govt. Medical College and Hospital, Sector 32, Chandigarh and State Legal Services Authority for medical aid/legal services in case of emergency.
The Chandigarh Scheduled Castes, Backward Classes & Minorities Financial & ^Development Corporation will be the overall incharge for providing Counselling!services to the Old age/ senior citizens.
ANIL KUMAR SECRETARY SOCIAL WELFARE CHANDIGARH ADMINISTRATION.
No.SWI/Sa. 'Citizens Act/2013/ .’^522 7 Dated Chandigarh, the 2*7^//^ i A copy is forwarded to the following for information and necessary action:- (’) Company Secretary, Chandigarh Child & Women Development Corporation, Chandigarh.
(ii) Director Principal, Government Medical College & Hospital, Sector 32, Chandigarh.
(iii) Member Secretary, State Legal Services Authority, Sector 9, Chandigarh.
Director Social Welfare, for Secretary Social Welfare, .</' Chandigarhz^dministrati on.
No.SWI/Sr,1 Citizens Act/2013/ 7’lf.7S Dated Chandigarh, the f//3 A copy is forwarded to the Managing Director, Chandigarh Schedu ed Castes, Backward Classes & Minorities Financial & Development Corporation, Chandigarh i far creation of two additional posts of Counsellors and two team mates for making theihelpline functional in a time bound manner.
Director Social Welfare, for Secretary Social Welfare, . iChandigarl^Administration.
Scanned by CamScanner [Extract from the Chd. Admn. Gaz., dated the 1st April, 2014] CHANDIGARH ADMINISTRATION SOCIAL WELFARE DEPARTMENT Notification The 28th March, 2014 No. SW1/Sr. Citizens/2014/3195.—In exercise of the powers conferred under Section 32 of “The Maintenance and Welfare of Parents and Senior Citizens Act, 2007”, (56 of 2007), the Administrator, Union Territory of Chandigarh is pleased to make the following rules further to amend “The Chandigarh Maintenance of Parents and Senior Citizens Rules, 2009 namely :—
1. These Rules may be called "The Chandigarh Maintenance of Parents and Senior Citizens (Amendment) Rules, 2014’.
2. They shall come into force from the date of publication in the official gazette.
3. In The Chandigarh Maintenance of Parents and Senior Citizens Rules, 2009 (hereinafter called as Rules), in Rule 20 after sub rule (2), the following shall be added :— 3(1) Procedure for eviction from property/residential building of Senior Citizen/Parent.—(i) Complaints received (as per provisions of the Maintenance of Parents and Senior Citizens Act, 2007) regarding life and property of Senior Citizens by different Departments i.e. Social Welfare, Sub Divisional Magistrates, Police Department, NGOs/Social Workers, Helpline for Senior Citizens and District Magistrate himself, shall be forwarded to the District Magistrate, Union Territory, Chandigarh for further action.
(ii) The District Magistrate, Union Territory, Chandigarh shall immediately forward such complaints/applications to the concerned Sub Divisional Magistrates for verification of the title of the property and facts of the case through Revenue Department/ concerned Tehsildars within 15 days from the date of receipt of such complaint/ application.
(iii) The Sub Divisional Magistrates shall immediately submitt its report to the District Magistrate for final orders within 21 days from the date of receipt of the complaint/application.
(iv) If the District Magistrate is of opinion that any son or daughter or legal heir of a senior citizen/parents are in unauthorized occupation of any property as defined in the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and that they should be evicted, the District Magistrate-cum-Estate Officer shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause as to why an order of eviction should not be issued against them/ him/her.
(v) The notice shall—
(a) specifiy the grounds on which the order of eviction is proposed to be made , and
(b) require all persons concerned, that is to say, all persons who qje, or may be, in occupation of, or claim interest in, the property/premises, to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than ten days from the date of issued thereof.
(c) The District Magistrate shall cause the notice to be served by having it affixed on the outer door or at some other conspicuous part of the public premises and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to all persons concerned.
Scanned by CamScanner 2 3(2) Eviction Order from property/residential building of Senior Citizen/ Parent.—<i) If. after considering the cause, if any, shown by any person in pursuance to the notice and any evidence he/she may produce in support of the same and after giving him/her a reasonable opportunity of being heard, the District Magistrate is satisfied that the property/premises are in unauthorized occupation, the District Magistrate or other officer duly authorized may make an order of eviction, for reasons to be recorded therein, directing that the property/residential building shall be vacated, on such date as may be specified in the order, by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the public premises ;
(ii) The District Magistrate may also associate NGOs/Voluntary organizations/social workers working for the welfare of senior citizens for the enforcement of orders.
3(3) Enforcement of Orders.—(i) If any person refuses or fails to comply with the order of eviction within thrity days from the date of its issue, the District Magistrate or any other officer duly authorized by the District Magistrate in this behalf may evict that person from the premises in question and take possession ;
(ii) The District Magistrate, U.T., Chandigarh shall have powers to enforce the eviction orders through Police Department.
(iii) The District Magistrate, U.T., Chandigarh further handover the property/ premises in question to the concerned Senior Citizens/Parents.
(iv) The District Magistrate, U.T., Chandigarh shall forward monthly report of such cases to the Social Welfare Department by 7th of the following month for review of such cases in the State Council for Senior Citizens constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Rules of 2009 framed under the said Act under the Chairmanship of the Secretary Social Welfare, Chandigarh Administration.
V. LALREMTHANGA, Secretary, Social Welfare, Chandigarh Administration.
~ 11 T r.hfi Scanned by CamScanner [Extract from the Chd. Admn. Gaz., elated the 1st August, 2015] CHANDIGARH ADMINISTRATION SOCIAL WELFARE DEPARTMENT Notification The 13th July, 2015 No. SW3/Sr. Citizens/2015/6170.—In supersession of Chandigarh Administration, Social Welfare Department, Notification No. SW1/Citizens/2009/6786 6797, dated 20th August, 2009, and in terms of sub clause (2) of rule 21 under Chapter VII of “The Maintenance and Welfare of Parents and Senior Citizens Rule 2009” the Administrator, Union Territory, Chandigarh is pleased to reconstitute the State Council of Senior Citizens to advise the State Government on effective implementation of “The Maintenance and Welfare of Parents and Senior Citizens Act, 2007” and to perform such other function in relation to Senior Citizen as the State
1. Secretary, Social Welfare, Chandigarh Administration
2. Director, Health Services Chandigarh Administration -
3. Director Public Relations, Chandigarh Administration
4. Director, Social Welfare, Chandigarh Administration Government may specify :— .. Chairman, Ex-officio ■ .. Member, Ex-officio .. Member, Ex-officio .. Member, Secretary Ex-officio Scanned by CamScanner
5. Maj. Gen. (Retd.) M.S. Kandal, President, Senior Citizens Association, # 238, Sector 35-1, Chandigarh
6. Fr. Sabestian Jose, DON BOSCO NAVJEEVAN, Sector 24, Chandigarh
7. Sh. S.D. Kalia, H. No. 451, Sector 38-A, Chandigarh
8. Sh. Ashok Bhandari, # 1152, Sector 37-B, Chandigarh Member (non official) Member (non official) Terms and conditions :
1. The State Council shall meet at least once in six months.
2. The term of the members of the State Council, other than ex-officio members shall be for a period of three years.
VIJAY KUMAR DEV, Adviser to the Administrator, Chandigarh Administration.
4165 CCUT—Govt. Press, U.T., Chd.
Scanned by CamScanner 7 zWrir I ili7i.ii,7 ; [Extract from the Chd, Admn. Gaz., dated the 1st December, 2017] CHANDIGARH ADMINISTRATION SOCIAL WELFARE WOMEN AND CHILD DEVELOPMENT DEPARTMENT Notification The 29th November, 2017 No, SWI/Sr. Citizens/2017/7899.—In exercise of the powers conferred under Section 32 of “The Maintenance and Welfare of Parents and Senior Citizens Act, 2007" (56 of 2007), the Administrator, Union Territory of Chandigarh is pleased to make the following rules further to amend “The Chandigarh Maintenance of Parents and Senior Citizens Rules, 2009, namely ;—
1. These Rules may be called “The Chandigarh Maintenance of Parents and Senior Citizens (2nd Amendment) Rules, 2017”.
2. They shall come into force from the date of publication in the official Gazette.
3. In The Chandigarh Maintenance of Parents and Senior Citizens Rules, 2009 (hereinafter called as Rules), Sub Rule 3(1), 3(2), and 3(3) under Rule 20) inserted,—v/'de Notification No. SW1/Sr.Citizens/2014/3195, dated 28th March, 2014, is hereby substituted as under ;— “3(1) Procedure for eviction from property/residential building of Senior Citizen/Parent.—(i) Complaints received (as per provisions of the Maintenance of Parents and Senior Citizens Act, 2007) regarding life and property of Senior Citizens by different Departments i.e. Social Welfare, Police Department, NGOs/Social Workers, Helpline for Senior Citizens, Additional District Magistrate/Additional Deputy Commissioner and District Magistrate-cum-Appellate Tribunal himself under Sections 21, 22 and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, shall be forwarded to the Additional District Magistrate/Additional Deputy Commissioner-cum- Maintenance Tribunal, U.T., Chandigarh concerned for further action.
(ii) The Additional District Magistrate/Additional Deputy Commissioner, U.T., Chandigarh shall immediately forward not later than 15 days from the date of receipt of such complaints/application to the Revenue Department/Tehsildar concerned for verification of the title of the property and facts of the case.
(Hi) The Revenue Department/Tehsildar concerned shall immediately not later then 21 day from the date of receipt of the complaint/application submit its report to the Additional District Magistrate/Additional Deputy Commissioner-cum-Maintenance Tribunal, U.T., Chandigarh concerned for final order. ,
(iv) If the Additional District Magistrate/Additional Deputy Commissioner, U.T., Chandigarh concerned is of opinion that any son or daughter or legal heir of a senior citizen/parents is/are in unauthorized occupation of any property as defined in the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and that they should be evicted, the Additional District Magistrate/Additional Deputy Commissionercum-Maintenance Tribunal, U.T., Chandigarh concerned shall issue, in the manner hereinafter provided, a notice in writing calling upon all persons concerned to show cause as to why an order of eviction should not be issued against them/him/her.
(v) The notice shall—
(a) specifiy the grounds on which the order of eviction is proposed to be made ; and
(b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, the property/premises, to show cause, if any, against the proposed order on or before such date as is specified In the notice, being a date not earlier than ten days from the date of issue thereof.
Scanned by CamScanner 2
(c) The Additional District Magistrate/Additional Deputy Commissioner U.T., Chandigarh shall cause the notice to be served by havino it affixed on the outer <Joor or at some other conspicuous part of the public premises and in such other manner as may be prescribed whereupon the notice shall be deemed to have been duly given to all persons concerned. 1 3(2) Eviction Order from property/residential building of Senior Citizen/ Parent.—(i) If, after considering the cause, if any, shown by any person in pursuance to the notice and any evidence he/she may produce in support of the same and after giving him/her a reasonable opportunity of being heard, the Additional District Magistrate/ Additional Deputy Commissioner, is satisfied that the property/premises are in unauthorized occupation, the Additional District Magistrate/Additional Deputy Commissioner, (J.T., Chandigarh may make an order of eviction, for reasons to be recorded therein, directing that the property/residential building shall be vacated, on such date as may be specified in the order, by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the public premises ;
(ii) The Additional District Magistrate/Additional Deputy Commissioner, U.T., Chandigarh may also associate NGOs/Voluntary organizations/social workers working for the Welfare of Senior Citizens for the enforcement of orders.
3(3) Appeal and Enforcement of Orders.—(i) If any person is aggrieved by the order of the Additional District Magistrate/Additional Deputy Commissioner-cum- Maintenance Tribunal, U.T., Chandigarh he/she may file an appeal before the District Magistrate-cum-Appellate Tribunal, within 30 days, against the order passed by the Additional District Magistrate/Additional Deputy Commissioner-cum-Maintenance Tribunal, U.T., Chandigarh/Sub Divisional Magistrate-cum-Maintenance Tribunal.
(ii) The District Magistrate-cum-Appellate Tribunal shall adjudicate the appeal after issuance of notice to the opposing party and after hearing him may call for the record of the Additional District Magistrate/Additional Deputy Commissioner-cum- Maintenance Tribunal, U.T., Chandigarh/Sub-Divisional Magistrate-cum-Maintenance Tribunal and examine the same for deciding the appeal. The District Magistrate-cum- Appellate Tribunal shall confirm, modify, set aside or pass any order in the facts and circumstances of each appeal. The District Magistrate, U.T., Chandigarh may pass order to dispose of the appeal as he may deem fit as per provisions of the Act ibid.
(Hi) In case the District Magistrate-cum-Appellate Tribunal, U.T., Chandigarh is satisfied with the order of the Additional District Magistrate/Additional Deputy Commissioner-cum-Maintenance Tribunal, U.T., Chandigarh/Sub-Divisionai Magistratecum-Maintenance Tribunal, he shall have all powers to enforce the eviction order through Police Department.
(iv) The District Magistrate-cum-Appellate Tribunal, U.T., Chandigarh shall further handover the property/premises in question to the concerned Senior Citizens/ Parent ; within 15 days from the date of disposal of the appeal.
(v) The District Magistrate-cum-Appellate Tribunal, U.T., Chandigarh ; Additional District Magistrate/Additional Deputy Commissioner-cum-Maintenance Tribunal, U.T., Chandigarh and all Sub-Divisional Magistrates-cum-Maintenance Tribunals shall forward monthly report of such cases to the Social Welfare Department by 7th of the following month for review of such cases in the State Council for Senior Citizens constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Rules of 2009 framed under the said Act.
Secretary, Social Welfare, Women and Child Development, Chandigarh Administration.
' CCUT—Govt. Press, U.T., Chd.
Scanned by CamScanner 9Ct frorri the Chd. Admn. Gaz., dated the 1st December, 2017] CHANDIGARH ADMINISTRATION s°cial welfare women and child development department Notification The 29th November, 2017 SWI/Sr. Citizens Act/2017/7890.-ln partial modification of the Chandigarh Administration No. SWI/Sr. CitiZens Act/Tribunals/2008/9752, dated 22nd December, 2008, the following No.
Notification is hereby added at the nofflcation The Administrator, U.T., Chandigarh is further pleased to declare the Additional District Magistrate/Additional Deputy Commissioner, Union Territory, Chandigarh as the Maintenance Tribunal who shall hear the cases under Sections 21, 22 and 23 of the Maintenance an Welfare of Parents and Senior Citizens Act, 2007 and the District Magistrate as an Appellate Tribunal, who shall hear the appeals against the order passed under the aforesaid sections of the Act ibid.
The 28th November, 2017.
7064 CCUT—Govt. Press, U.T, Chd.
Secretary, Social Welfare, Women and Child Development, Chandigarh Administration.
1 Scanned by CamScanner