The Assam State Maintenance and Welfare of Parents and Senior Citizens Rules, 2012

{
    "id": 15180,
    "slug": "the-assam-state-maintenance-and-welfare-of-parents-and-senior-citizens-rules-2012-2012",
    "title": "The Assam State Maintenance and Welfare of Parents and Senior Citizens Rules, 2012",
    "short_title": "The Assam State Maintenance and Welfare of Parents and Senior Citizens Rules, 2012",
    "act_number": "Published vide Notification No. S.W.D.130/2010/170",
    "act_year": 2012,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Assam State Maintenance and Welfare of Parents and Senior Citizens Rules, 2012",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Act\" means the Maintenance and Welfare of parents and Senior Citizens Act, 2007 Act No. (56 of 2007);\n(b) \"Application\" means an application made to a tribunal under sections;\n(c) \"Blood relations\" , in the context of a male and a female Inmate, mean father-daughter, mother-son, and brother-sister (not cousins);\n(d) \"Form\" means a form appended to these rules;\n(e) \"Inmate\" In relation to an old age home, means a senior citizen duly admitted to reside In such a home;\n(f) \"Opposite Party\" means the party against whom ale application for maintenance has been filed under section 4;\n(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;\n(h) \"Schedule\" means a Schedule appended to these rules;\n(i) \"Section\" means a section of the Act;\n(j) \"State Government\" means the Government of Assam;\n(k) Words and expressions used in these rules and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.\nChapter II\nProcedure for Maintenance Tribunal and Conciliation Officers",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Panel for appointment as Conciliation Officers.",
            "chapter": null,
            "content": "(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;\n(b) he should be a senior office-bearer of organisation, and\n(c) he should possess good knowledge of law:\n(i) He must have a good and unblemished record of public service in one or more of the areas mentioned in clause (a); and\n(ii) He should possess good knowledge of law.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Procedure for filing an application for maintenance and its registration.",
            "chapter": null,
            "content": "(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\n(b) Its acknowledgment in Form 'B' to be given, notwithstanding anything contained in rules 5, to the applicant or his authorised representative in case of hand delivery and its despatch by post in other cases and the acknowledgement shall specify, inter alia , the registration number of the application.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Preliminary scrutiny of the application.",
            "chapter": null,
            "content": "a. The application is complete; and\nb. The opposite party has, prime facie , and obligation to maintain the applicant in terms of section 4.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Notice to the Opposite Party.",
            "chapter": null,
            "content": "(a) By hand delivery (Dasti) through the applicant if he so desires, else through a process server; or\n(b) By registered post with acknowledgement due.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Procedure in case of non-appearance by The Opposite Party.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Procedure in case of admission of claim.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Procedure for impleading children or relatives.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Reference to Conciliation Officer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Proceedings by Conciliation Officer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Action by the Tribunal in case of settlement before a Conciliation Officer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Action by the tribunal in other cases.",
            "chapter": null,
            "content": "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\nii. 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\niii. No report is received from a Conciliation Officer within the stipulated time-limit of one month , or\niv. In response to the notice issued under sub-rule (1) of rule 12, if one or both the parties decline to confirm the settlement worked out the Conciliation Officer,\na) Amount needed by the applicant to meet his basic needs, especially food, clothing, accommodation and healthcare.\nb) Income of the opposite party, and\nc) Value of and actual and potential income from the property, if any, of the applicant which the opposite party would inherit and / or is in possession of.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Maximum maintenance allowance.",
            "chapter": null,
            "content": "Chapter III\nProcedure of Appellate Tribunal",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Forms of appeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Registration and Acknowledgement of appeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Notice of hearing to the respondent.",
            "chapter": null,
            "content": "Chapter IV\nScheme for Management of Old Age Homes Established under section 19",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Scheme for management of Old Age Homes for Indigent Senior Citizens.",
            "chapter": null,
            "content": "(A) The home shall have Physical facilities and shall be run in accordance with the operational norms as Had down in the Schedule.\n(B) Inmates of the home shall be selected in accordance with following procedure.\n(a) Application 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 homes.\n(b) In case the number of eligibles 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.\n(i) The more Indigent and 'needy will be given preference over the less indigent applicants.\n(ii) Other things being equal, Order Senior Citizens will be given preference over the les old, and\n(iii) Other things being equal, female applicants will be given preference over male applicants.\n(C) While considering applications or cases for admission no distinction shall be made on the basis of religion or caste.\n(D) The homes shall provide separate lodging for men and women inmates, unless a male and a female inmate are either blood relations or a married couple.\n(E) Day to day affairs of the old age home shall be managed by a Management Committee which shall be constitute in accordance with orders and guidelines issued by the State Government from time to time, such that inmates are also suitable represented on the Committee.\nChapter V\nDuties and Powers of the District Magistrate",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Duties and Powers of the District Magistrate.",
            "chapter": null,
            "content": "i. that life and property of Senior Citizens of the District are protected and they are able to live with security and dignity.\nii. 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\niii. 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:\niv. Ensure regular and wide publicity of the provisions of the Act and Central and State Governments programmes for the Welfare of Senior Citizens.\nv. Encourage and coordinate with panchayats, municipalities, Nehru Yuwa Kendras, specialist, experts, activists etC. working the district so that their resources and efforts are effectively pooled for the Welfare of Senior Citizens of their district.\nvr. Ensure provision, of timely assistance and relief to Senior Citizens in the event of Natural calamities and other emergencies.\nvii. Ensure periodic sensitization of officers of various Departments and Local Bodies concerned with Welfare of Senior Citizens, towards the needs of such citizens, and the duty of the officers towards the tatter.\nviii. Review the progress of investigation and trial of cases relating to Senior Citizens in the district, except in cities having a Police Commissioner.\nix. Ensure that adequate numbers of prescribed application forms for maintenance are available in offices of common contact for citizens like Panchayats, Post Offices, Block Development Offices, Tahsil offices, Collectorate, Police Stations etc.\nx. Promote establishment of dedicated helpline for Senior Citizens at District Headquarters, to begin with; and.\nxi. Perform such other functions as the State Government may, by order, assign to the District Magistrate in this behalf from time to time.\n(a) Officers of the State Government In the Police, Health and Publicity Department and the Department dealing with Welfare of Senior Citizen.\n(b) Maintenance Tribunals and Conciliation Officers.\n(c) Panchayats and Municipalities and\n(d) Educational Institution.\nChapter VI\nProtection of Life and Property of Senior Citizens",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Action Plan for the protection of life and property of Senior Citizens.",
            "chapter": null,
            "content": "i. Each police station shall maintain an up-to-date list of senior citizen 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),\nii. 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, and shall, in addition, visit them as quickly as possible on receipt of a request of assistance from them;\niii. Complaints /problems of senior citizens shall be promptly attended to, by the local Police.\niv. One or more Volunteer' 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 end the district administration on the other.\nThe District Superintendent of Police or, as the case may be, the Police Commissioner shall cause to be published widely in the media and through the Police Station, at regular intervals, the steps being taken for the protection of life and property of Senior Citizens.\nvi. 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.\nvii. The register referred to in clause (VI) shall be kept available for Police Inspection, and every officer inspecting a Police Station shall invariably review the status as reflected in the register.\nviii. The Police Station shall send a monthly report of such crimes to the District Superintendent of Police by the 10th of every month.\nix. List of DO's and Don'ts to be followed by Senior Citizens in the interest of their safety will be widely publicized.\nx. Antecedent of domestic servants and others working for Senior Citizens shall be promptly verified, on the request of such citizens.\nxi. 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 Organisations, etc.\nxii. The District Superintendent of Police shall submit to the Director General of 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.\nxiii. the District Magistrate shall cause the report to be placed before the District-level Coordination-cum-Monitoring Committee constituted under rule 22.\nxiv. The Director General of Police shall cause the reports submitted under clause (Xii) to be complied, once a quarter, and shall submit them to the State Government every quarter as well as every year for, inter ells, being placed before the State Council of Senior Citizens constituted under rule 21.\nChapter VII\nState Committee and District Committees of Senior Citizens",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. State Committee of Senior Citizens.",
            "chapter": null,
            "content": "i.\nMinister of the State Government In charge of\n\t\t\t\tWelfare of Senior Citizens\nChairman Ex-officio\nii.\nSecretaries of Departments of the State\n\t\t\t\tGovernment dealing with Disabilities, Senior Citizens, Welfare.,\n\t\t\t\tHealth, Home, Publicity, Pensions and other subjects of concern\n\t\t\t\tto the Senior Citizens\nMember Ex-officio\niii.\nSuch number of specialists and activists In the\n\t\t\t\tfield of Welfare of Senior Citizens, as the State Government may\n\t\t\t\tdetermine to be nominated by the State Government\nMember\niv.\nSuch number or eminent Senior Citizens, as the\n\t\t\t\tState Government may determine, but not less in number than the\n\t\t\t\tex-officio members in the Council, to be nominated by the State\n\t\t\t\tGovernment.\nMember\nv.\nDirector in-charge of Senior Citizens Welfare In\n\t\t\t\tthe State\nMember Secretary Ex-officio",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. District Committee of Senior Citizens.",
            "chapter": null,
            "content": "Schedule\n( See Rule 18)\n( See Rule 18)\nNorms of physical facilities and operational standards for and old age home for idigent senior citizens established under/section 19 of the Act\nNorms of physical facilities and operational standards for and old age home for idigent senior citizens established under/section 19 of the Act",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "1",
            "title": "1. Physical Facilities",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "1",
            "title": "1. Physical Facilities",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "1",
            "title": "1. Land.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "2",
            "title": "2. Living Space.",
            "chapter": null,
            "content": "(i) area of bedroom/dormitory 7.5 sq. meters per inmate'\n(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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "3",
            "title": "3. Facilities.",
            "chapter": null,
            "content": "(i) residential area comprising rooms/dormitories-separately for men and women ;\n(ii) adequate water for drinking and ancillary purpose ;\n(iii) electricity, fans and heating arrangement for inmates (as necessary ) ;\n(iv) kitchen-cum-store and office ;\n(v) dining hall ;\n(vi) adequate number of toilets and baths, including toilets suitable for disabled persons ;\n(vii) recreation facilities, television, newspaper and adequate collection of books ; and\n(viii) first aid, sick bay, and primary healthcare facilities.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "2",
            "title": "2. Operational Standards",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "2",
            "title": "2. Operational Standards",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "1",
            "title": "1. Supply of nutritious and wholesome diet as per scale to be fixed by the State Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "2",
            "title": "2. Adequate clothing and linen for the inmates, including for the winter season.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "3",
            "title": "3. Adequate arrangements for sanitation, hygiene and watch and ward/ security.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "4",
            "title": "4. Arrangements with the nearest Government hospital for emergency medical care, and, with the nearest Police Station for security requirements.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        }
    ],
    "metadata": {
        "Act ID": "[ Last Updated 11th February, 2020 ass098]",
        "Act Number": "Published vide Notification No. S.W.D.130/2010/170, 27th September 2012",
        "Enactment Date": "",
        "Act Year": "2012",
        "Short Title": "The Assam State Maintenance and Welfare of Parents and Senior Citizens Rules, 2012",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:55:19"
}