(1) The State Government may, by order, establish a District Committee of Senior Citizens for each District to advise in effective and coordinated implementation of the Act at the district level, and to perform such other functions in relation to senior citizens at the district level, as the State Government may by order specify.
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(2) The District Committee shall consist of the following members, namely-
1. District Collector Chairperson
2. Superintendent of Police/Chief of Police Member
3. Director / Deputy Director (Health) Member
4. Social Welfare Officer Member Secretary
5. Reputed NGO (Ageing Field) Two Members
6. Prominent Sr. Citizens Two Members
7. Non – Official Members ( to be nominated by the District Collector).
Four members (3 ) The tenure of the non-official members shall be three years.
(4 ) The non-official members shall be eligible for re-nomination.
( 5) The District Committee shall meet atleast once in every three months.
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SCHEDULE (See Rule 18) NORMS OF PHYSICAL FACILITIES AND OPERATIONAL STANDARDS FOR AN OLD AGE HOME FOR INDIGENT SENIOR CITIZENS ESTABLISHED U/S 19 OF THE ACT.
I. Physical Facilities
1. Land The land for the old age home should be adequate to comply with the Floor-Area Ratio (FAR) as prescribed by the relevant urban body/State Government. In the case of semi-urban/rural areas, the State Government shall provide adequate land for setting up of an old age home of requisite capacity such that there is adequate land for recreation, gardening, 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 bedroom/dormitory per inmate 7.5 sq. metres
(ii) living area or carpet area 12 sq. metres per inmate i.e. including
(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;
(iii) electricity, fans and heating arrangement for inmates (as necessary);
(iv) kitchen-cum-store and office;
(v) dining hall;
(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.
(2) The old age home should be barrier-free with provision of ramps and handrails, and where necessary, lifts, etc.
18 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.
19 FORM – A (See Rule 4 ( I ) APPLICATION UNDER RULE 3 OF THE DAMAN & DIU MAITNENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS RULES, 2010.
1. Details of the Applicant i. Name of the Applicant :
ii. Name of the Father/Husband :
iii. Age :
iv. Sex :
v. Permanent Address :
vi. Present Address :
vii. Phone Number if any :
2. Details of Respondents S.No. Name Relationship with the Applicant Address Telephone No.if any
3. Assistance Needed S.No. Assistance Nature of Assistance
1. Counselling
2. Food
3. Medical facilities
4. Shelter
5. Legal Aid
6. Police Assistance
7. Maintenance
4. Assistance for initiating criminal Proceeding :
5. Facts of the case : The facts of the case are given below:- (Give here a concise statement of facts in a chronological order, each paragraph containing as neatly as possible a separate issue, fact or otherwise) 20
6. Details of Index : An index in duplicate, containing the details of the documents to be relied upon, is enclosed.
7. List of enclosures : 1…………………………………… 2…………………………………… 3…………………………………….
D E C L A R A T I O N I……………………(name of the applicant) S/o, D/o, W/o…………………age…….resident of …………………………………do hereby declare that the contents for paras 1 to 7 are true to the best of my personal knowledge and belief and that nothing material has been concealed there from and also declare that the subject matter of the order against which I seek redressal is within the jurisdiction of the tribunal. I further declare hereby 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.
Place……………….
Date……………..
Signature of the Applicant.
To, The Presiding Officer (s), ………………………… ………………………….
………………………….
FORM – B (See Rule 4 ( 2 ) ( b ) ACKNOWLEDGEMENT Receipt of the application filed under the Daman & Diu Maintenance and Welfare of Parents and Senior Citizens Rules, 2010 by Shri /Smt.………………………….
Address…………………………… is hereby acknowledged.
for Presiding Officer.
21 FORM – C (See Rule 6 ( 1 ) & 9 ( 3 ) NOTICE TO THE OPPOSITE PARTY (Issued under rule-5 of the Maintenance and Welfare of Parents and Senior Citizens Rules, 2010) To, ……………………………….
……………………………….
……………………………….
Sir/Madam, An application has been filed by Mr/Mrs…………………………residing at ………………………………………………………….. against you for not paying maintenance and you are requested to appear before the Tribunal in person on …………………day of ……………..at 10.30 AM and render your reply why the application should not be ordered against you on the above failing which the matter will be decided ex-parte.
Seal with date and Signature of the Presiding Officer FORM – D (See Rule 6 ( 3 ) NOTICE TO THE PETITIONER/APPLICANT (Issued under rule-5 of the Maintenance and Welfare of Parents and Senior Citizens Rules, 2010) To, ……………………………….
……………………………….
……………………………….
Sir/Madam, On application filed by you seeking maintenance under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 from Thiru/Tmt…………………………residing at ………………………………, you are required to appear in person before the Tribunal on …………………day of ……………..for hearing. Kindly attend on the above date at failing which the matter will be decided ex-parte.
Seal with date and Signature of the Presiding Officer 22 FORM – E (See Rule 10) ( 2 ) To, The Conciliation Officer …………………………… ……………………………..
Sir/Madam, The Tribunal is herewith forwarding to your kindself the petition bearing No………………dated ………………………received from Thiru/Tmt………………………….residing at …………………..Street, ………………….Village…………………………block seeking maintenance under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and you are requested to arrive a settlement which is acceptable to both parties and the findings may be informed to this Tribunal within a period not exceeding one month, from the date of receipt of the reference. If any amicable settlement is arrived that may also be informed to this Tribunal so as to enable this Tribunal to pass an order to that effect. If you are unable to arrive at a settlement within one month from the receipt of the reference, you shall return the papers alongwith a report showing efforts made by you to bring about settlement. Copies of application, replies of the opposite party alongwith relevant records are herewith enclosed for reference at your end.
Presiding Officer 23 FORM – F (See Rule 11) Before the Tribunal for Maintenance and Welfare of Parents and Senior Citizens O.P. No. of 20 AB …..Petitioner Vs.
CD …..Respondent To, The Presiding Officer, Tribunal for Maintenance of Parents and Senior Citizens, …………………Division, …………………District.
Sir/Madam, The Hon’ble Tribunal had referred me the petition of Thiru/Tmt…………………residing at……………………street,…………………Block, …………………….District, bearing the No…………………..to arrive the settlement of maintenance acceptable to both parties. It is arrived at a sum of Rs…………./- per month as maintenance payable to the Petitioner by the respondent. Both parties have accepted the above settlement arrived at by me.
Signature of the applicant.
Signature of the Opposite Party Conciliation Officer.
24 FORM – G (See Rule 11) Before the Tribunal for Maintenance and Welfare of Parents and Senior Citizens O.P. No. of 20 AB …..Petitioner Vs.
CD …..Respondent Report of the Conciliation Officer I have carefully considered the application and the records filed by Senior Citizen, who is unable to maintain himself/herself from his own earning or out of the property owned by him/her. The record shows about the property of the legal heirs, income of the legal heirs, position of the property of the Senior Citizen and after his/her life time the legal heir would inherit the property.
On scrutinizing the available records, I have arrived at the amount of Maintenance as Rs………………payable to Shri/Smt.………………..the Senior Citizen by Thiru………………………………………the legal heirs of the Senior Citizen.
Herewith, I return all records of the case received from the Tribunal.
Signature with seal of the Conciliation Officer FORM – H (See Rule 11) Before the Tribunal for Maintenance and Welfare of Parents and Senior Citizens O.P. No. of 20 AB …..Petitioner Vs.
CD …..Respondent To, The Presiding Officer, Tribunal for Maintenance of Parents and Senior Citizens, ………………… ……………….
Sir/Madam, The Hon’ble Tribunal had referred the above matter to arrive a settlement and the period fixed for the same is one month. I am unable to arrive a settlement within the said period for the reasons stated in my report which shows the efforts taken by me to arrive a settlement alongwith the points of difference between the two parties which could not be reconciled. I hereby also return the papers referred to me alongwith my report.
Signature with seal of the Conciliation Officer.
25 FORM – I (See Rule 15 ) Memorandum of Civil Miscellaneous Appeal under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Appellate Tribunal of Maintenance of parents and Senior Citizens Appeal No……………………of 20 Against O.P.No…………………of 20 (On the file of the ……………………Tribunal ………………….District) AB …………..Appellant/Petitioner
1. CD Vs.
2. EF ……..Respondent/Respondents I. APPELLANT: AB son/daughter of the ………………………..,aged about …………….years, residing at ………………………………. The address for service of all Notices and Processes on the Appellant is at…………………………………………..
II. RESPONDENT(S): (1) CD, at ……………………….
(2) EF, at ……………………….
The address for service of all notices and processes on the respondents are…………………………………………………….
26 FORM – J (See Rule 16 ) Acknowledgement Received an appeal of Parent / Senior Citizen Shri / Smt:___________________ Resident of _____________________against the impugned order of Maintenance Tribunal.
Registration No. of the application is ___________________________________.
( Authorised signatory ) Appellate Tribunal FORM – K [ ( see Rule 17 ( 1 ) ) ] Notice to Respondent Notice under Appeal No.___________ (Issued under rule-17 ( 1 ) of the Maintenance and Welfare of Parents and Senior Citizens Rules, 2010) To, ……………………………….
……………………………….
……………………………….
Sir/Madam, On application filed by you seeking maintenance under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 from Shri /Smt. …………………………residing at ………………………………, you are required to appear in person before the Appellate Tribunal on …………………day of ……………..for hearing. Kindly attend on the above date at failing which the matter will be decided ex-parte.
Seal with date and Signature of the Authorised Signatory Appellate Tribunal 27 ANNEXURE –I (See Rule 3 and 5) Register of Maintenance of Claim cases by the Tribunal Date of notice served S.
No.
Name of the applicant with address and Phone No.
Age Sex Date of receipt of application Nature of claim To the petitioner To the responde nt Date of the hearing Details of order if any passed by the Tribunal Remarks
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) ANNEXURE –II (See Rule 12) List of Voluntary Organizations Providing Age Care Services No.of beneficiaries Building facilities S.
No.
Name of the Institution Address with Phone No.
Contact person and Phone No.
Service s provide d for aged persons Other activitie s Male Female Own Rented Registered under which Act Remarks
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) 28 ANNEXURE –III (See Rule 19) Management Committee in Old Age Homes S.No. Name of the Officer Designation
1. District Social Welfare Officer Chairman
2. Extension Officer (SW) Member
3. Non Governmental Organization Member
4. Inmates (3 persons) Member ANNEXURE –IV (See Rule 21) Details of Offences Committed against Senior Citizens S.
No .
Name and address of Senior Citizen Age Sex Nature of Offences committed against senior citizen Date of incidence Stage of investiga -tion Prosecution of registered offences Steps taken by the police station Remarks 29