[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 9 th 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 Short title and commencement, 2. (1) In these rules, unless the context otherwise requires,- 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 : Language of the Tribunal 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
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 (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 (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 Contents of 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 the application alongwith the documents, in a paper book form with the Presiding Officer within one month of the date of service of the notice of the application on him. (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, the Tribunal shall decide the application on merits of the case and documents presented to it. (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 Filing of reply and other documents by the respondents. Procedure for hearing the
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 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) The Tribunal may award costs as it deems fit in the circumstances of the case. The discovery of documents and other evidence Manner and method of payment of maintenance. 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 Decision of 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 AND C D.. Respondent 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 19 th 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),