(1) Old age homes established under section 19 shall be run in accordance with the following norms and standards:- (A) The home shall have physical facilities and shall be run in accordance with the operational norms as laid down in the Schedule.
(B) Inmates of the home shall be selected in accordance with the following procedure:-
(a) applications shall be invited at 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 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 ole, 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 competent authority, is satisfied that the senior citizen 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 caste;
(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 endevour shall be made to accommodate the married couple as far as possible;
(E) Day-to-day affairs of the old age home shall be managed by a Management Committee, 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.
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SCHEDULE (See Rule 20) 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 per inmate i.e. including (i) above plus ancillary areas like kitchen, dining hall, recreation room, medical room, etc. but excluding verandahs, corridors, etc. 12 sq. metres
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;
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(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.
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.
_________ -13- Form-A (see rule-5) Application under section 4 of the Maintenance and Welfare of Parents and Senior Citizen Act
2007.
Before the Presiding Officer, Maintenance Tribunal, Sub Division______________________ Delhi.
I, ____________________________________________________ a parent/Senior Citizen (strike out whichever is not applicable) aged __________________________ presently residing at ____________________________________________________________ have children/relatives (specify nature of relationship) (strikeout whichever is not applicable) named as_____________________________________________________________________________ a) _______________________________________________________________aged__________ b) _______________________________________________________________aged__________ c) _____________________________________________________________ aged___________ respectively. My children/relative/s mentioned above at a), b), c) (strikeout whichever is not applicable) are in possession of my property are entitled to inherit my property in the event of my death. I am not in a position to maintain myself from my earnings or out of the property owned by me.
Hence I am applying before this tribunal to pass suitable orders directing the above named person (s) to maintain me by giving me maintenance allowance to the tune of Rs. ____________or any amount deemed fit by the Tribunal. The above mentioned person (s) be also directed to provide me interim maintenance to the tune of Rs. _____________ to meet my needs and expenditure of proceedings during the pendency of the matter before the Tribunal.
Signature:
Name of the Applicant:
Date:
Verification I _________________________________________________________________ Father/Mother/ Relative of Sh. _____________________________________ Aged ________________________ Resident of ______________________________________________________________ do herby verify that the contents of paras _________________to __________________________________ are true to my personal knowledge.
I herby authorized Sh. /Smt. _______________________________________________ of Organization _________________________________________________ to represent this matter On my behalf before the Tribunal.
Signature:
Name of the Applicant:
Date:
-14- Form ‘B’ [See Rule-6 (2) (b)] Receipt of Application Received application of Parent/Senior Citizen Sh. ________________________________ _____________________ R/o _______________________________________________ for grant of Maintenance Allowance. Registration No. of the Application is _____________ _________________________________ (Authorized Signatory) Maintenance Tribunal (To be maintained by the Tribunal) Register of Maintenance claim Cases: The Register shall have the following columns:- S.No.
(1) Registration No of Application
(2) Name of the Applicant
(3) Age
(4) Resident of
(5) Application filed against (name of the Party)
(6) Relationship to Applicant
(7) Resident of
(8) Amount of Maintenance allowance claimed
(9) Date of Referral of case to conciliation Officer
(10) Date Receipt of Report from conciliation Officer
(11) Date of granting of interim maintenance allowance and the amount granted
(12) Date of granting the final maintenance Order
(13) -15- Form ‘C’ (See Rule 10 (3) of the Act) Show Cause Notice To (Name) (Description) (Place of residence) Whereas an application has been filed before me by Sh./Smt._______________________________________________________aged____________ R/o_____________________________________________________________________on (date) __________________________ bearing registration No. __________________________ claiming Maintenance Allowance to be paid to him/her by his/her child/children/relative(s) namely a) ____________________________________________b) _________________________________ c)_____________________________________R/o_____________________________________, therein are herby directed to appear before me in person or through your authorized representative on the_________________________________________________________day of ___________ __________200 at ________________O’ clock in the forenoon/afternoon and show cause in writing as to why the application should not be granted.
Take notice that, any default of your appearance on the day before mentioned, the case will be heard in your absence.
Signature of presiding officer of Tribunal Date:
Stamp & seal:
Form ‘D’ [(See Rule 10 (3)] Notice to Applicant Whereas the applicant Sh./Smt _______________________________________________ R/o _________________________________________________________has applied to this Tribunal for grant of Maintenance allowance. The registration No. of his/ her application is ________________________. He/She is directed to appear before the Tribunal on the date of hearing in this case fixed on the ________________________________________________day of _________________________200________at______________ O’ clock in the forenoon /afternoon Signature of Presiding officer Date:
Stamp/Seal:
-16- Form ‘D’ (see Rule 11 (2)) To (Name) (Description) (Place of residence) Whereas an application has been filed before me by Sh./Smt.
_______________________________________________________aged____________________ R/o_____________________________________________________________________on (date) __________________________ bearing Registration No. _________________________ claiming Maintenance Allowance to be paid to him/her by his/her child/children/relative(s) namely a) ____________________________________________b)_________________________________ c)_____________________________________R/o_____________________________________, ______________________________________________________________________________, ________________________________respectively. You have been agreed upon as the conciliation officer by both the parties. You are requested to try and work out a settlement acceptable to both parties, within a period not exceeding one month from the date of receipt of the reference.
The documents concerning the matter are being forwarded herby for further action.
Signature of presiding officer of Tribunal Date:
Stamp & seal:
Form ‘F’ [ see Rule 12 (2)] (Memorandum of Settlement) Whereas an agreement has been arrived in r/o _________________________________________ (applicant) and ___________________________ (respondent) and the respondent have agreed to pay a monthly allowance to the applicant Sh./Smt._______________________________________ (Specify relationship) ______________________________________________amounting to Rs___________________________ The matter is referred back to the Tribunal for final orders.
Signature of applicant Signature of respondents
1.
2.
3.
Signature of the Conciliation officer Date:
Stamp/ Seal :
-17- Form ‘G’ [ see Rule 12 (2)] The presiding Officer Maintenance Tribunal Subdivision___________________ Delhi.
REPORT Whereas an agreement dated of Sh./Smt.______________________________________________ R/o _______________________________________________________the Registration No .________________________________of which is ________________was referred for conciliation now the report regarding the action taken in the matter is hereby submitted along with the records received.
Signature of Conciliation Officer Date Stamp/Seal:
Form ‘H’ [see Rule 12 (3)] The presiding Officer Maintenance Tribunal Subdivision___________________ Delhi.
Returning of reference Whereas no agreement has been arrived on the application of Sh./Smt.__________________________________(applicant) and_____________________ the respondent(s) (specify the relationship) due to reasons given in the report enclosed herewith the matter is referred back to the Tribunal for further orders.
Signature of the Applicant Signature of the Respondent Signature of Conciliation Officer Date Stamp/Seal:
-18- Form --I (see Rule 17) Before the Appellate Tribunal, Sub Division______________________________, Sub: Application for grant of Maintenance allowance u/s 16(1) of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.
I, _____________________________________________________a parent/Senior Citizen (strike out whichever is not applicable) aged ______________presently residing at __________________________________________________have children/relatives (specify nature of relationship) (strikeout whichever is not applicable) named as namely a)____________________________________________aged_____________________________ b)____________________________________________aged_____________________________ c)____________________________________________aged_____________________________ respectively. My children relatives mentioned above at a),b),c) (strikeout whichever is not applicable)are in possession of my property are entitled to inherit my property in the event of my death. I am not in a position to maintain my self from my earning or out of the property owned by me.
Hence I applied before the maintenance tribunal_______________________________ To pass suitable orders directly the above named person(s) to maintain me by giving me maintenance allowance, which was granted only for Rs._______________________________ Being aggrived by the order of the maintenance tribunal, I am preferring this appeal on the following grounds:
1.
2.
3.
Certified that, the above stated facts are true and correct to the best of my knowledge and belief. (strikeout if not applicable) I hereby authorized Sh ._______________of organization _______________________________to represent this matter on my behalf before the Appellate Tribunal.
Signature Name of the Applicant:
Date:
Verification I___________________________________________________Father/Mother/Relative of Sh._____________________________Aged______________________resident of_____________ ________________________do hereby verify that the contents of paras _____________________to ___________________________are true to my personnel knowledge.
I herby authorized Sh. / Smt _________________________of organization _____________________to represent this matter on my behalf before the Tribunal.
Signature Name of the Applicant:
Date:
-19- Form ‘J’ (see Rule 18) Received the appeal of Parent/Senior Citizen Sh._____________________________________ R/o______________________________________________________________________against the impugned order of the maintenance Tribunal. Registration No. of the Application is ____________________________________________.
(Authorised Signatory) Appellate Tribunal (To be maintained by the appellate Tribunal) Register of Maintenance Claim Cases: The Register shall have the following columns:- S. No
(1) Registration No. of Application
(2) Name of the Applicant
(3) Age
(4) Resident of
(5) Application filed against (name of the Party)
(6) Relation ship to Applicant
(7) Resident of
(8) Amount of Maintenance allowance claimed
(9) Date of passing of interim maintenance allowance and amount granted
(10) Date of Passing of final Maintenance Order
(11) Date of Appeal
(12) Date of Final Order
(13) -20- Form ‘K’ [(see Rule 19(1)] Whereas an appeal, the registration No. of which is _____________________________________ Has been filed before me by Sh./ Smt.________________________________________________ Aged____________________R/o___________________________________________________ on (date)_______________ claiming Maintenance Allowance to be paid to him/her by his/her children/relative(s) named as a)______________________________________________________ b)__________________________________c)__________________________________________ ______________________________________________________________________________ ___________________________________ respectively, you having been named there in are hereby directed to appear before me in person or though your authorized representative on the_______________ day of _________200______at ___________________________________ O’ clock in the forenoon/afternoon, and show cause in writing as to why this appeal should be granted. Take notice that, any default of your appearance on the day before mentioned, the case will be heard in your absence/ Signature of presiding officer Date:
Stamp & seal: