[Authoritative English Text of this Department Notification No. Kalyan-A(3)-5/96-IV dated 9-8-2002 as
required under clause (3) of Article 348 of the Constution of India].
SOCIAL, WOMEN AND SC’S WELFARE DEPARTMENT
NOTIFICATION
Shimla-2, the 9th August, 2002
No. Kalyan-A (3)-5/96-IV.-Whereas draft Rules titled the Himachal Pradesh Maintenance of
Parents and Dpendents Act, 2002, were published in the Rajpatra, Himachal Pradesh (Extraordinary) on
13-4-2002 vide notification of even number dated 27-2-2002 in pursuance of the provision of section 22
of the Himachal Pradesh Maintenance of Parents and Dependents Act, 2001 (Act 19 of 2001) for inviting
objections and suggestions from persons likely to be effected thereby as required under section 22 of the
Himachal Pradesh Maintenance of Parents and Dependents Act, 2001 within a period of 30 days from the
date of publication.
And whereas, no objections/suggestions have been received from the general public within the
stipulated period in respect of the said draft rules.
Now, therefore, in exercise of the powers conferred by section 22 of the Himachal Pradesh
Maintenance of Parents and Dependents Act, 2001, the Governor of Himachal Pradesh is pleased to make
the following rule, namely:RULES
1.
(i) These rules may be called the Himachal Pradesh Maintenance of
and Dependents Rules, 2001.
(ii) They shall come into force at once
2.
(1)
In these rules, unless the context otherwise requires,-
Short title and
commencement,
Definitions.
(i) “Act” means the Himachal Pradesh Maintenance of Parents and
Dependents Act, 2001 ;
(ii) “State Government” means the State Government of Himachal
Pradesh ;
(iii) “Form” means the form appended to these rules;
(iv) “application” means an application made to the Tribunal under
section 3 of the Act ; and
(v) “Section” means a section of the Act ;
(vi) “Presiding Officer” means the Officers appointed under sub-section
(2) of section 14.
(2) The words and expression used but not defined in these rules shall have
the same meaning as assigned to them in the Act.
3.
The language of the Tribunal shall be English :
Provided that the parties to a proceeding before the Tribunal may file
documents drawn up in Hindi, if they so desire:
Provided further that the Presiding Officer, in his discretion permit the
Language of the
Tribunal
use of Hindi in the proceedings.
4.
(1)
An application for maintenance to the Tribunal shall be presented
in form-I by the applicant in person or by the Maintenance Officer or by the approved
persons or organizations or other persons to the Presiding officer or any other officer
authorized by the presiding Officer to receive applications or sent by registered post
with acknowledgement due addressed to the Presiding Officer,
(2) The application under sub-rule (1) shall be presented in two complete sets
in a paper book form alongwith one empty file size envelope bearing full address of
the respondent. Where the number of respondents is more than one, as many extra
copies of the application in paper book form as the number of respondents together
with required number of empty file size envelope bearing the full address of each
respondent shall be furnished by the applicant.
(3) The applicant shall attach to and present with his application a receipt slip
as in Form-I which shall be signed by the Presiding Officer or the officer receiving the
applications on behalf of the Presiding Officer in acknowledgement of the receipt of
the application.
(4) Notwithstading anything contained in sub-rules (1), (2) and (3), the
tribunal may permit more than one person to join together and file a single application
if it is satisfied that they have the same interest in the maintenance.
5.
(1)
The Presiding Officer, or the officer authorized by him in this
behalf shall endorse on every application the date on which it is received or deemed to
have been received under these rules and shall sign the endorsement.
(2) If, on scrutiny, the application is found to be in order it shall be duly
registered and given a serial number.
(3) If the application, on scrutiny, is found to be defective and the defect
noticed is formal in nature, the Presiding Officer may allow the party to rectify the
same in his presence, and if the said defect is not formal in nature, the Presiding
Officer may allow the applicant such time to rectify the defect as he may deem fit.
(4) If the applicant fails to rectify the defect within the time allowed under
sub-rule 93), the Presiding Officer may by order and for reasons to be recorded in
writing reject the application
(5) A review against the order of the Presiding Officer under sub-rule (4),
shall be made within 15 days of the making of such order to the Tribunal whose
decision thereon shall be final.
6.
The application shall be filed by the applicant with the Presiding Officer
in whose jurisdiction he is residing
7.
(1) Every application filed under rule 4 shall set forth concisely under
distinct heads, the rounds for his claims.
(2) It shall not be necessary to present a separate application to seek an
interim maintenance order or direction if the application contains a prayer seeking an
interim maintenance order or direction pending final disposal of the application.
(3) An applicant may, subsequent to the filing of application under section 6
of the Act, apply for an interim order or direction. Such application shall, as far as
possible, be in the same form as is prescribed for an application under rule-1.
8.
(1) A copy of the application in the paper book shall ordinarily be
served on each of the respondent(s) by the Presiding Officer in any of the following
modes :(a) Hand delivery (dasti) through the applicant or through a process of server ;
or
(b) through a registered post with acknowledgement due.
(2)
Notwithstanding anything contained in sub-rule (1), the Presiding Officer
Presentation and
scrutiny
of
application
Place of filing
application.
Contents
of
application.
Service of notice
of application on
the respondent.
may, taking into account the number of respondents and their places of residence or
work and other circumstances, direct that notice of the application shall be served
upon the respondents in any other manner, including any manner of substituted
service as it appears just and convenient.
(3) Every applicant shall pay a fee for the service or execution of processes,
in respect of an application where the number of respondents exeeds five, as under:(a) a sum of Rs. 5/-(rupees five) for each respondent in excess of five
respondents, or
(b) where the service is in such manner as the Presiding Officer may direct
under sub-rule (2), a sum not exceeding the actual charges incurred in
effecting the service as may be determined by the Presiding Officer.
(4) The fee for the service or execution of processes under sub-rule (3) shall
be remitted by the applicant in the form of Court Fee Stamps.
9.
(1) The respondents shall file tow complete sets containing the reply to Filing of reply
the application alongwith the documents, in a paper book form with the Presiding and
other
Officer within one month of the date of service of the notice of the application on him. documents
by
the respondents.
(2) The respondent shall also serve a copy of the reply alongwith copies of
documents as mentioned in sub-rule (1) on the applicant or Maintenance Officer or a
approved person or organization or other persons, if any and file proof of such service
with the Presiding Officer. The Presiding Officer may allow filing of the reply after
the expiry of the period of one month on the application by the respondent on being
satisfied on the grounds of delay of filing the reply.
10. (1) Where the respondent admit the allegations made by the applicant, Procedure
for
the Tribunal shall decide the application on merits of the case and documents hearing
the
presented to it.
application.
(2) Where on the date fixed for hearing of the application or on any other date
to which such hearing may be adjourned. The applicant or Maintenance Officer or a
approved person or organization or other person does not appear when the application
is called on for hearing, the Tribunal may, in its discretion, either dismiss the
application for default or hear and decide it on merit.
(3) Where an application has been dismissed for default and the applicant
appears afterwards and satisfies the Tribunal that there was/were sufficient cause(s)
for his/their non appearance when the application was called on for hearing the
Tribunal may make an order setting aside the order of dismissing the application and
restore the same, provided that where the claim is not supported by confide documents
or documentary evidence is not support to establish by confide documents or
documentary evidence is not support to establish claim of the applicant or the
Presiding Officer is satisfied that the claim is frivolous or vexatious, such claims may
be dismissed at the preliminary stage by the Presiding Officer.
(4) Where on the date fixed for hearing the application or on any other date to
which such hearing may be adjourned, the applicant appears and the respondent does
not appear when the application is called for hearing, the Tribunal may in its
discretion adjourn or hear and decide the application ex parte.
(5) Where an application has been heard ex parte against a respondent or
respondents, such respondent (s) may apply to the Tribunal for an order to set aside
and if such respondent (s) satisfy the Tribunal that the notice was not duly served, or
that he or they were prevented by any sufficient cause from appearing when the
application was called on for hearing, the Tribunal may make an order setting aside
the ex parte hearing as against him or them upon such terms as it thinks fit, and shall
appoint a day for proceeding with the application :
Provided that where the ex parte hearing of the application is of such a nature
that it cannot be set aside as against one respondent only, it may be set aside as against
all or any of the other respondents also :
Provided further that no Tribunal shall set aside ex parte hearing of any
application merely on the ground that there has been an irregularity in the service of
notice, if it is satisfied that the respondent had notice of the date of hearing and had
sufficient time to appear and answer the applicant’s claim.
11. The Tribunal before passing the final order for maintenance shall take
into consideration the following documents for establishing the claim of the applicant
for maintenance :(a) in case of parents and grant parents, the certificate issued by the Registrar
Birth
and
Death/Gram
Vikas
Avam
Panchayat
Adhikari,
Panchayat/Municipal Corporation certifying the relation of applicant with
respondent ;
(b) in case of wife, the certificate issued by the Registrar Marriage/Gram Vikas
Avam Panchayat Adhikari, Panchayat/municipal Corporation ;
(c) in case of son or the son of predeceased son, the certificate issued by the
Registrar Death and Birth/Gram Panchayat Avam Vikas Adhikari,
Panchayat/Municipal Corporation certifying the relation of applicant with
respondent ;
(d) in case of unmarried daughter or unmarried daughter of predeceased son,
the certificate issued by the Registrar Death and Birth/Gram Vikas Avam
Panchayat Adhikari, Panchayat/ Municipal Corporation certifying the
relation of applicant with respondent;
(e) in case of widow daughter, the certificate issued by the Registrar Birth and
Death/ Gram Vikas Avam Panchayat Adhikari, Panchayat/ Municipal
Corporation certifying the relation of applicant with respondent ;
(f) in case of widow of son or son of predeceased son the certificate issued by
the Registrar Death and Birth/Secretary Panchayat/ Municipal Corporation
certifying the relation of applicant with respondent ;
(g) in case of son/daughter born out of extra marital relationship, the report of
DNA test ; and
(h) in case of income of respondents who are not in government service, the
certificate issued by the Tehsildar or concerned area and income certificate
issued by the Tehsildar in respect of the claimant certifying that the income
of the applicant is below poverty line from all sources.
12. (1) The Tribunal may call upon a party to make discovery of
documents and the concerned party shall file affidavit settingout the documents in his
possession or power which are material and relevant to the application. Several
affidavits by various respondents may be filed but if a joint affidavit is filed, it must
be by a person who is an authorized agent of all the respondents or who is duly
authorized to act on their behalf.
(2) No fee shall be charged for inspecting the records of a pending
application by a party thereto.
13. The maintenance awarded by the Tribunal shall be paid to the applicant
either in cash under proper receipt or through Money Order or through Bank draft as
the case may be.
14. (1)
of the case.
The discovery of
documents and
other evidence
Manner
and
method
of
payment
of
maintenance.
The Tribunal may award costs as it deems fit in the circumstances Cost
of
proceeding.
(2) The cost so awarded shall be recovered in the same manner as
maintenance awarded under the Act.
15. The Tribunal shall allow the approved persons or organizations or other
persons in whose custody the parents of dependents are residing to present the claim
of the applicant before the Tribunal. The approved persons or organizations or other
persons shall produce the facts and materials relevant in the proceedings before the
Tribunal to secure the ends of justice
16. The Tribunal shall ordinarily hold its meetings at the respective
Headquarters of Sub-Divisional Officer (Civil) or at any other places as the presiding
Officer may decide.
17. The Tribunal may on such terms as it deem fit and at any stage of the
proceedings adjourn the hearing of the application :
Provided that during the entire proceedings not more than 4 adjournments shall
be allowed by the Tribunal.
18. Every application shall be heard and decide, as far as possible, within six
months of the date of its presentation.
19. Every order passed on any application shall be communicated to the
applicant and to the respondent(s) either in person or by registered post free or cost.
Assistance from
approved
persons
or
organizations or
other persons.
Sitting of the
Tribunal
Adjournment of
application.
Decision
of
application.
Communication
of orders to
parties.
Form-I
APPLICATION UNDER SECTION 3 OF THE HIMACHAL PRADESH MAINTENANCE OF
PARENTS AND DEPENDENTS ACT, 1986, 2011
For use in Tribunal’s Officer
Date of Filing …………………………………
or
Date of Receipt by Post …………………………………….
Registration No…………………………………………..
Signature,
Presiding Officer,
THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND DEPENDENTS
TRIBUNAL
Branch………………………………….
BETWEEN
A
B
.. Applicant
D
.. Respondent
AND
C
DETAILS OF APPLICATION :
1.
Particulars of the application :
(i) Name of the applicant………………………….
(ii) Name of father/husband………………………..
(iii) Address…………………………………………
………………………………………………….
(iv) Address for service of all notices………………
2.
Particular of the respondent :
(i) Name of the respondent…………………………..
(ii) Address of the respondent…………………………
……………………………………………………..
(iii) Address for service of all notice……………………
………………………………………………………
3.
Jurisdiction of the Tribunal.- The applicant declares that the subject matter of the order
against which he wants redressal is within the jurisdiction of Tribunal.
4.
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).
5.
Relief (s) sought- In view of the facts mentioned in Para-4 above, the applicant prays for the
following relief (s) :-
6.
Interim order, if prayed for.-Pending final decision on the application, the applicant seeks
issue of the following :
Interim Order :(Give here the nature of the interim order prayed for with reasons).
7.
Details of the remedies exhausted:- The applicant further declares that he has availed of all
the remedies available to him.
8.
Matter not pending with any other Court.- The applicant further declarers 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 or law or other authority).
9.
Details of Index.- An index in duplicate, containing the details of the documents to be relied
upon, is enclosed.
10.
List of enclosures.
VERIFICATION
I ………………………(Name of the applicant) S/o, D/o, W/o………………….……
age ……. Resident of ……………………………………….. do hereby verify that the contents
for paras 1 to 10 are true to the best of my personal knowledge and belief and that nothing
material has been concealed therefrom.
Place…………………..
Date……………………
Signature of the applicant
To
The Presiding Officer,
…………………………………..
…………………………………..
…………………………………...
----------
RECEIPT SLIP
Receipt of the application filed in the Himachal Pradesh Maintenance of Parents and
Dependents Tribunal by
Shri/Smt……………………………………….
Address………………………………………..
is hereby acknowledged.
For Presiding Officer,
By Order,
T. G. NEGI,
Secretary (Welfare),
SOCIAL , WOMAN & S.C. WELFARE DEPARTMENT
NOTIFICATION
Shimla-2, the 19th February, 2003
No. WLF-A (3)-5/96-IV-The Governor, Himachal Pradesh, in exercise of the powers vested him
under section 14 (1) of the Himachal Pradesh Maintenance of Parents and Dependants, 2001, is
pleased to establish a single member Tribunal for the disposal of applications made under the Act
ibid, in each Sub-Division of the State.
The governor, Himachal Pradesh, further in exercise of the powers vested in him under section
14(2) of the said Act, appoint all the Sub-Divisional Officers (Civil) at Sub-Divisional level as
Presiding Officer of the aforesaid Tribunal.
By order,
Sd/Secretary (Welfare),