KERALA MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS RULES, 2009
Published vide Notification G.O.(P) No. 38/2009/SWD. dated Thiruvananthapuram, 28th August, 2009
Government of Kerala
Social Welfare (C) Department
In exercise of the powers conferred by section 32 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Central Act 56 of 2007), the Government of Kerala make the following rules, namely:-
The Kerala Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, were enacted to provide a structured framework for the implementation of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. These rules aim to ensure that senior citizens and parents receive the necessary maintenance and welfare support from their children or heirs.
The introductory section of the rules outlines the short title, commencement, and the scope of the rules, establishing the legal framework for the maintenance and welfare of senior citizens in Kerala.
The rules provide detailed procedures for filing applications for maintenance, the establishment of maintenance tribunals, and the roles of conciliation officers. They also define the rights of senior citizens to claim maintenance from their children or heirs.
While specific punishments for non-compliance are not detailed in the introductory section, it is noted that failure to pay the required monthly allowance can result in a fine of up to Rs 5,000.
(1) These rules may be called the Kerala Maintenance ans Welfare of Parents and Senior Citizens Rules, 2009.
(2) They shall come into force at once.
(1) In these rules, unless the context other wise requires,-
(a) "Act" means the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Central Act 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) "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-
(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.
(2) Persons referred to under sub-rule (1), other than Maintenance Officers designated under section 18, shall be chosen subject to fulfilling the following conditions, namely:-
(a) he should be associated with an organisation which is working for the welfare of senior citizens and/or weaker sections, or in the area of education, health, poverty-alleviation, women's empowerment, social welfare, rural development or related fields, for at least two years with an unblemished record of service;
(b) he should be a senior office-bearer of organisation; and
(c) he should possess good knowledge of law;
Provided that a person who is not associated with an orga
(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, to be maintained in such form as the State Government may direct, and
(b) its acknowledgement in Form 'B' to be given, notwithstanding anything contained in rule, 5 to the applicant or his authorised representative in case of hand delivery, and its dispatch by post in other cases and the acknowledgement shall specify, inter alia, the registration number of the application.
(3) Where a Tribunal takes cognizance of a maintenance claim, suo motu, the Presiding Officer shall, after ascertaining facts, get Form `A' completed as accurately as possible, through the
(1) On receipt of an application under sub-section (1) of section 5, the Tribunal shall satisfy itself that.-
(a) the application is complete; and
(b) the opposite party has, prima facie, and obligation to maintain the applicant in terms of section 4.
(2) In case where the Tribunal finds any lacunae in the application, it may direct the applicant to rectify such lacunae within a reasonable time limit.
(1) Once the Tribunal is satisfied on the points mentioned in sub-rule (1) of rule 5, it shall cause to be issued to each person against whom an application for maintenance has been filed, a notice in Form 'C' directing them to show cause why the application should not be granted, along with a copy of the application and its enclosures, in the following manner:-
(a) by hand delivery through the applicant if he so desires, else through a process server, or
(b) by registered post with acknowledgement due.
(2) The notice shall require the opposite party to appear in person, on the date to he specified in the notice and to show cause, in writing, as to why the application should not be granted and shall also inform that, in case he fails to respond to it, the Tribunal shall proceed ex parte.
(3) Simultaneously with the issue of notice under sub-rules (1) and (2), the applicant(s) shal
The Kerala Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, were enacted to provide a legal framework for the maintenance and welfare of senior citizens and parents in Kerala. This legislation aims to ensure that senior citizens receive adequate support from their children and relatives, thereby promoting their dignity and welfare.
Section R.6 of the Kerala Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, outlines the procedure for appointing Conciliation Officers. It mandates that every Tribunal prepare a panel of suitable persons for this role, which is crucial for resolving disputes related to maintenance claims.
The scope of Section R.6 extends to the establishment of a structured process for conflict resolution between senior citizens and their relatives or children regarding maintenance claims. It aims to provide a mechanism for amicable settlements before escalating matters to formal legal proceedings.
While Section R.6 itself does not prescribe specific punishments, it is part of a broader legal framework that includes penalties for non-compliance with maintenance orders as stipulated in the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
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.
If 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.
(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.
(3) In case the Tribunal passes an order of impleadment under sub-rule (2), it shall cause a notice
(1) In case, on the date fixed in the notice issued under rule 6, the opposite part appears and show cause against the maintenance claim, the Tribunal shall seek the opinion of both the parties as to whether they would like the matter to be referred to a Conciliation Officer and if they express their willingness in this behalf, the Tribunal shall ask them whether they would like the matter to be referred to a Conciliation Officer and if they express their Willingness in this behalf, the Tribunal shall ask them whether they would like the matter to be referred to a person included in the panel prepared under the 3, or to any other person acceptable to both parties.
(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 letter in Form 'D', requesting the Conciliation Officer to
(1) Upon receipt of a 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 date 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 'E', get it signed by both parties, and forward it, with a report in Form 'F' along with all records of the case received from the Tribunal, back to the Tribunal within a month from the date of receipt of the reference.
(3) If the Conciliation Officer is unable to arrive at a settlement within one month after the receipt of a reference under rule (10), he shall return the papers received from the Tribunal along with a report in Form 'G', showing efforts made to bring about a settlement and the points of differ
(1) When 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) If 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 in terms of such settlement.
(1) In case where-
(i) the applicant(s) and the opposite parties do not agree for reference to 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 his inability to arrive at 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 confirm the settlement arrived at by the Conciliation Officer.
the Tribunal hall give to both the parties an opportunity of advancing 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) A
The maximum maintenance allowance which a Tribunal may order against the opposite party to pay shall, subject to a maximum of rupees ten thousand per month, be fixed in such a manner that it does not exceed the monthly income from all sources of the opposite party, divided by the number of persons in his family, counting the applicant or applicants also among the opposite party's family members.
An appeal under sub-section (1) of section 16 shall be filed before the Appellate Tribunal in Form 'H', and shall be accompanied by a copy of the impugned order of the Maintenance Tribunal.
On receipt of an appeal, the Appellate Tribunal shall register it in a register to be maintained for the purpose in such form as the State Government may direct, and shall, after registering such appeal, give an acknowledgement to the appellant, specifying the appeal number in Form 'I'.
(1) On receipt of an appeal, the Appellate Tribunal shall, after registering the case and assigning an appeal number, cause notice to be served upon the respondent under its seal and signature in Form 'J' requesting to appear before the Appellate Tribunal on the date specified;
(2) The notice under sub-rule (1) shall be issued through registered post with acknowledgement due, or through a process server;
(3) Simultaneously with the issue of notice under sub-rules (1) and (2) the appellant shall also be informed the date mentioned in sub-rule (1) by a notice in form 'J';
(4) The provisions of Order V of the Civil Procedure Code shall apply mutatis mutandis for the purposes of service of notice issued under sub-rule (1) and (3).
(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) application shall be invited at appropriate intervals, but at least once in each year, from indigent senior citizens, as defined in section 19 of the Act, desirous of living in the home;
(b) where 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
(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 property 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 of the district are protected and they are able to live with security and dignity;
(ii) oversee and monitor the work of Maintenance Tribunals and Maintenance Officers of the district with a view to ensuring timely and fair disposal of applications for maintenance, and execution of Tribunals' orders;
(iii) oversee and monitor the working of old age homes in the district so as to ensure that they conform to the standards laid down in these rules, and any other guidelines and orders of the State Government;
(iv) ensure regular and wide publicity of the provis
(1) The District Superintendent of Police in every Districts, and in the case of cities having a Police Commissioner, such Police Commissioner shall take all necessary steps, subject to such guidelines as the State Government may issue from 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 household which is not a senior citizen);
(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 in a month, and shall, in addition, visit them as quickly as possible on receipt of a request of assistance from them;
The Kerala Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, were enacted to provide a comprehensive framework for the welfare and maintenance of senior citizens in Kerala. Rule 20 specifically addresses the action plan for the protection of life and property of senior citizens, emphasizing the state's commitment to safeguarding their rights and well-being.
Rule 20 mandates the formulation of an action plan aimed at protecting the life and property of senior citizens. This includes measures to ensure their safety and security, thereby promoting a dignified life for the elderly.
The scope of Rule 20 extends to all senior citizens residing in Kerala, ensuring that they receive adequate protection and support from the government and society. It encompasses various aspects of their welfare, including health, safety, and legal rights.
While Rule 20 itself does not specify punishments, it is linked to broader provisions in the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which outlines penalties for neglect and abuse of senior citizens.
(1) The State Government may, be order, establish a State Council of Senior Citizens to advise the State Government on effective implementation of the Act and the Rules and the perform such other functions in relation to senior citizens as the State Government may specify.
(2) The State Council shall consist of the following members, namely:-
| (i) Minister of the State Government in-charge of Social Welfare; | (1) The State Government may by order, establish a District Committee of Senior Citizens for each District to advise in effective and co-ordinate the implementation of the Act and the rules at the district level, and to perform such other functions in relation to senior citizens at the district level, as the State Government may specify. |
(2) The District Committee shall meet once every quarter.
(3) Composition of the District 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.
(See Rule 18)
Norms of Physical Facilities and Operational Standards for an Old Age Home for Indigent Senior Citizens Established Under Section 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 and for essential necessities like 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 perinmate i.e.
including (i) above plus a
[See rule 4(1)]
Application before the Maintenance Tribunal Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
1. Name and address of the Applicant/authorised person or organisation :
2. Names and address of the opposite party :
(i)
(ii)
(iii)
(iv)
3. Approximate monthly income of the opposite party :
4. Reason for making application :
5. The remedy sought for :
6. Any other particulars as may be necessary :
I, ...................... the aforesaid applicant Authorised person or organisation hereby declare that the facts mentioned above are correct to the best of my knowledge and belief.
Place:
Date:
Signature:
[See Rule 4(2) (b)]
Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Acknowledgement
Your application dated ....................... has been received on ................ The same has been registered in the Register of Maintenance Claim Cases of this Tribunal as Application No................. of .......................
Signature:
Authorised Officer of the Maintenance Tribunal
(Office Seal)
To,
The Applicant/Authorised person or organisation.
(Name and Address)
[See Rule 6(1) and (3)]
Notice to Appear before the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
To
(Name of persons against whom application
has been received and address).
Whereas your attendance is necessary to collect information and gather evidence to an application filed by Smt./Shri........................ (copy enclosed). You are required to show cause in writing as to why the application should not be granted within 15 days from the date of receipt of this notice. You are also hereby required to appear in person before the Tribunal on the day of........................... at....................(time) in the Office of the Revenue Divisional Officer at.................(place).
Signature
Dated this.....................day of......................200...........
[See Rule 10 (2)]
Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Application No.............of..................20..............
between
Name and Address of Applicant/
Authorised person or Organisation
and
Name and Address of Opposite Party
To
The Conciliation Officer,
........................
Whereas upon the application of the above, the Applicant/and the Opposite Party has been made to appear to this Tribunal on.................... and that both the parties have agreed to refer the application to your and you are hereby requested to try and work out a settlement acceptable to both the parties within a period not exceeding one month from the date of receipt of this reference. You
[See Rule 11 (2)]
Memorandum of Settlement by the Conciliation Officer filed before the Maintenance Tribunal
Memorandum of settlement of...........................the conciliation officer herein dated the....................day of.....................
1. In pursuance of the reference I have examined the records and the statement of the objections thereby directed. A copy of my proceedings is annexed hereto in Form F and Appendix I thereto set out the witnesses examined and Appendix II the documents produced before me.
.......................................................
.......................................................
Dated the....................day of.....................
Signed
Conciliation Officer
[See Rule 11 (2)]
Report of the Conciliation Officer filed before the Maintenance Tribunal
In Application No.......................of 20..............
between
Name and Address of Applicant/
Authorised person or Organisation
and
Name and Address of Opposite Party
[See Rule 11 (3)]
Report of the Conciliation Officer filed before the Maintenance Tribunal
In Application No.......................of 20................
between
Name and Address of Applicant/
Authorised person or Organisation
and
Name and Address of Opposite Party
Efforts made to bring about a settlement and the points of differences between the two parties which could not be reconciled:
.....................................................................................................................................................................................................................................
............................................................................................................................................
[See Rule 15]
Appeal before the Appellate Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
1. Name and Address of the appellant :
2. Name and Addresses of the Respondents :
3. Name of Maintenance Tribunal that
issued the order and the number
and date of such order :
4. Date of receipt of the order :
5. Reason for challenging the order :
6. Whether wants stay order, if so what
are the reasons thereof :
7. The remedy sought for :
I.......................the aforesaid appellant, hereby declare that the facts mentioned above are true and correct to the best of my knowledge and belief. A copy of the Order of the Maintenance Tribunal is appended.
Place:
<[See Rule 16]
Appellate Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Acknowledgement
Your appeal dated......................has been received on....................The same has been registered in this Tribunal as Appeal No......................of....................
Signature:
Authorised Officer of the
Appellate Tribunal
(Office Seal)
To
The Appellant
(Name and Address)
[See Rule 17(1) and (3)]
Notice to Appear Before the Appellate Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
To
(Name of Respondent)
Whereas your attendance is necessary to collect information and gather evidence to an appeal of...................(state the gist of appeal) you are hereby required to appear in person before the Appellate Tribunal on the day of................at..............(time)......in the office of the...................(place)...........
Signature:
Dated this.................day of.............20.............
Authorised Officer of the
Appellate Tribunal
Copy to:
The Appellant
(Office Seal)
(Name and Address)
Explanatory Note
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