Last Updated on November 12, 2021 at 1:36 pm
In every district of Union Territory, tribunals for maintenance of parents and senior citizens will be framed. J&K government will frame a maintenance tribunal for each sub division and one appellate tribunal for deciding upon the orders for maintenance of parents and senior citizens in the UT.
“The Tribunal shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973,” the rules prescribed.
Social Welfare Department (SWD) secretary, Sheetal Nanda vide S.O 383 in exercise of the powers conferred by Section 32 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The rules will come into force from the date of their notification in the official gazette.
Rules mention that maximum maintenance allowance which can be ordered by the tribunal to opposite party for paying should not exceed Rs 10000 per month.
The rules also provided a scheme for management of old age homes established under section 19 of the Act.
As per the rules, the Director General, Police will take all necessary steps, subject to such guidelines as the government may issue from time to time, for the protection of life and property of senior citizens.
The government will constitute for each sub division, one or more Tribunals as may be specified in the notification for the purpose of adjudicating and deciding upon the order for maintenance under section 5 of the Act. The Additional District Magistrate or Sub Divisional Magistrate concerned shall function as Presiding Officer of the Tribunal. The Presiding Officer may be assisted by such other officers as may be notified by the government. They may even include Tehsildar within the jurisdiction and the Deputy Superintendent of Police within the jurisdiction.
The Appellate Tribunal will be headed by the District Magistrate, who may be assisted by such other members as may be notified by the government. They may include Sub-Divisional Magistrate or Additional District Magistrate and Additional Superintendent of Police concerned district.
