(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, mean father-daughter, mother-son, and brother-sister (not cousins);
(d) “Form” means a form appended to these rules;
(e) “Government” means the Lt. Governor of the National Capital Territory of Delhi appointed by the president under article 239 and delegated as such under article 239 of the constitution;
(f) “inmate”, in relation to an old age home, means a senior citizen duly admitted to reside in such a home;
(g) “Opposite Party” means the party against whom an application for maintenance has been filed under section 4;
(h) “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;
(i) “Schedule” means a Schedule appended to these Rules;
(j) “section” means a section of the Act;
(2) Words and expressions defined in the Act but not defined in these rules shall have the meanings respectively assigned to them in the Act.
-2- Chapter II Procedure for Maintenance Tribunal, Appellate Tribunal and Conciliation Officers
3. Constitution of Maintenance Tribunal
(1) The Government of NCT of Delhi shall, by notification in the official Gazette, Constitute for each sub-division one or more Tribunals as may be specified in the notification for the purpose of adjudicating and deciding upon the order for maintenance under section 5.
(2) The Tribunal shall consist of an ADM or SDM of the sub-division, as the case may be and two other members, of whom one shall be a women.
(3) The maintenance tribunal shall have all the powers a civil court for all purposes of section 195 and chapter XXVI of the CrPC 1973.
(a) The ADM shall be designated as the Presiding Officer of the Tribunal.
(b) Two other non-official members, one of whom shall be a woman, Shall have the following qualifications, namely:-
(i) he should not be less than 35 years of age.
(ii) He should possess a post graduate degree from a recognized university.
(iii) he should be a person of ability, integrity and standing and should have adequate knowledge and experience of at least 10 years of working with an organization working for the welfare of senior citizen in the area of health, woman empowerment and social welfare.
(iv) He should be resident of a National Capital Territory of Delhi for not less than three years.
Provided that a person shall be dis-qualified for appointment as a member if he-
(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the state Government involves moral turpitude; or
(b) is an undischarged insolvent; or
(c) is of unsound mind and stands so declared by a competent court; or
(d) has been removed or dismissed from the service of -3- the Government or a body corporate owned or controlled by the Government;
(c) Every appointment in clause (b) shall be made by the State Government on the recommendation of a Selection Committee consisting of the following, namely-
1. (i) Retired Secretary of the Government-Chairman.
(ii) Secretary In charge of the Department of the State Government.
(iii) One representative from the Sate Counsel for the senior Citizens – Member.
(iv) One representative from academic bodies concerned with social work, psychology and sociology with experience of working on the issues of aged persons – Member.
(v) Any officer, not below the rank of Dy. Director, of the concerned department – Member Secretary.
The Selection Committee at the time of recommending names for appointment as Members of the Tribunal and Appellate Tribunal shall also prepare a panel of names for each Tribunal to fill in vacancies which may arise during the tenure.
(d) The two non-official members shall hold office for a term of three years from the date on which they join the office or up to the age of 65, whichever is earlier.
Provided that a member shall be eligible for re-appointment for another term of three years or up to the age of 65, whichever is earlier, subject to the condition that he fulfills the qualification and other conditions for appointment as prescribed and such re-appointment is also made on the basis of the recommendation of Selection Committee.
(e) A member can resign any time, by giving one month advance notice in writing under his hand, or he may be removed from his office, after holding enquiry by the State Government, if
(a) he has been found guilty of misuse of power vested under this Act
(b) he has been convicted of an offence involving moral turpitude.
(c) He fails to attend the proceeding of the tribunal for consecutive four weeks without any valid reasons.
(f) Any vacancy in the Tribunal may be filled by appointment of -4- another person from the panel of names prepared by the selection committee constituted under rule 3 (4) (c).
(g) The non-official members of the Tribunal shall be paid sitting allowance as the State Government may determine, but it shall not be less than Rupees Five Hundred per sitting per member
(h) The Tribunal shall hold its sittings for a minimum of two days a week which may be increased by the State Government depending on cases and pendency of work.
(i) The Tribunal shall perform the functions of adjudicating and disposing off cases of maintenance to achieve the objects of the Act and in this respect shall be guided by the provisions laid down under Chapter 2 of the Act.
(j) The procedure for the enquiry to be adopted by the Tribunal shall be guided by the provisions of the Section 5, 6 and 8 of the Act...