Notification for the Maintenance and Welfare of Parents and Senior Citizens Act, 2007

5830 DG/2016 (1) GOVERNMENT OF INDIA EXTRAORDINARY PUBLISHED BY AUTHORITY No. 277] DELHI, TUESDAY, DECEMBER 20, 2016/AGRAHAYANA 29, 1938 [N.C.T.D. No. 276 GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI 2 DELHI GAZETTE : EXTRAORDINARY PART IV] ¼4½ vihy PART IV] DELHI GAZETTE : EXTRAORDINARY 3 SOCIAL WELFARE DEPARTMENT NOTIFICATION Delhi, the 19th December, 2016 F. No. 30(405)/Amendment of Rules-MAWPSC2007/DD(SS)/DSW/2015-16/24836-865.— In exercise of the powers conferred by section 32 read with clause (i) of Section 2 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Lt. Governor, National Capital Territory of Delhi hereby makes the rules to amend the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 as following, namely:-— 1. Short title and Commencement:- (1) These rules may be called The Delhi Maintenance and Welfare of Parents and Senior Citizens Rules (Amendment) Rules, 2016. (2) They shall come into force on the date of their publication in the Delhi Gazette. 2. Amendment of rule 22:- In the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, after sub- rule (2) of rule 22, the following sub-rules shall be inserted, namely:- (3) (1) Procedure for eviction from property/residential building of Senior Citizen/Parents, – (i) A senior citizen may make an application before the Dy. Commissioner/District Magistrate(DM) of his district for eviction of his son and daughter or legal heir from his self acquired property on account of his non- maintenance and ill-treatment. (ii) The Deputy Commissioner/DM shall immediately forward such application to the concerned Sub Divisional Magistrates for verification of the title of the property and facts of the case within 15 days from the date of receipt of such application. (iii) The Sub Divisional Magistrate shall immediately submit its report to the Deputy Commissioner/DM for final orders within 21 days from the date of receipt of the complaint/application. (iv) The Deputy Commissioner/DM during summary proceedings for the protection of senior citizen parents shall consider all the relevant provisions of the said Act 2007. If the Deputy Commissioner/DM is of opinion that any son or daughter or legal heir of a senior citizen/parents is not maintaining the senior citizen and ill treating him and yet is occupying the self acquired property of the senior citizen, and that they should be evicted, the Deputy Commissioner/DM shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause as to why an order of eviction should not be issued against them/him/her. (v) The notice shall– (a) specify the grounds on which the order of eviction is proposed to be made ; and (b) require all persons concerned, that is to say, all persons who are , or may be, in occupation of, or claim interest in, the property/premises, to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than ten days from the date of issued thereof. (2) Eviction Order from property/residential building of Senior Citizens/Parent. – (i) If, after considering the cause, if any, shown by any person in pursuance to the notice and any evidence he/she may produce in support of the same and after giving him/her a reasonable opportunity of being heard, the Deputy Commissioner/DM is satisfied that the eviction order needs to be made, the Deputy Commissioner/DM may make an order of eviction, for reasons to be recorded therein, directing that the property/residential building shall be vacated; (3) Enforcement of Orders, (i) If any person refuses or fails to comply with the order of eviction within thirty days from the date of its issue, the Deputy Commissioner/DM or any other officer duly authorized by the Deputy Commissioner/DM in this behalf may evict that person from the premises in question and take possession; (ii) The Deputy Commissioner/DM shall have powers to enforce the eviction orders through Police and the Dy. Commissioner of Police concerned shall be bound to carry out execution of the eviction order. (iii) The Deputy Commissioner/DM will further handover the property/premises in question to the concerned Senior Citizen. (iv) The Deputy Commissioner/DM shall forward monthly report of such cases to the Social Welfare Department by 7 th of the following month. 4 DELHI GAZETTE : EXTRAORDINARY PART IV] (4) Appeal (i) The appeal against the order of Dy. Commissioner/DM shall lie before Divisional Commissioner, Delhi. (ii) Provisions regarding disposal of appeal before Appellate Tribunal shall apply mutatis mutandis to the appeals before the Divisional Commissioner, Delhi.” By order and in the name of Lt. Governor, NCT of Delhi, Dr. DILRAJ KAUR, Secy. (Social Welfare) and Published by the Controller of Publications, Delhi-110054.