Tribune News Service
January 19, 2009
India
According to the Act, parents and senior citizens above 60 years of age can now legally demand sustenance from their wards. And to ensure the rule is followed, the Punjab government has notified setting up one-member tribunals at the sub-divisional level throughout the state.
Defaulting wards or heirs could be fined up to Rs 5,000 or given three months imprisonment or both, depending upon the gravity of the defiance of tribunal orders. Besides, appellate tribunals would be set up at the district level.
The sub-divisional magistrate would have to pass orders within 90 days of the receipt of application. The Act has also been kept free from advocacy, as the aggrieved parents, grandparents or senior citizens can prefer their application before the District Social Welfare Officer, who has been recommended to act as applicant’s attorney before the tribunal.
Notably, Punjab has become the fifth state after Tripura, Maharashtra, Goa and Himachal Pradesh to implement the Act, with retrospective effect from August 27 last year.
Once the tribunal is satisfied that a senior citizen — parent or grandparent — is unable to take care of himself and there is neglect or refusal of maintenance on the part of the children or relative, it may direct one or all children or relatives to pay to the applicant a monthly maintenance allowance, the upper limit of which shall be Rs 10,000.
Abridged
SOURCE: The Tribune News Service
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