Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Punjab - Section

Section 7 in Punjab Rights of Persons with Disabilities Rules, 2019

7. Limited Guardianship.

(1)A District Court or any designated authority as notified by the State Government on its own or otherwise, shall grant the support of limited guardianship to a person with disability to take a legally binding decision on his behalf.
(2)The District Court or the designated authority before granting limited guardianship for the person with disability shall satisfy itself that such person is not in a position to take legally binding decision on his own.
(3)The District Court or the designated authority shall take a decision preferably within a period of one month from the date of receipt of an application regarding grant of limited guardianship or from the date of coming to his notice of the need of such limited guardianship:Provided that the consent of the person to act as a limited guardian shall also be obtained before grant of such limited guardianship.
(4)The validity of the limited guardianship as appointed under sub-rule (1) shall be initially for a period of five years which can be further extended by the District Court or the designated authority, as the case may be:Provided that the District Court or the designated authority shall follow the same procedure while extending the validity of the limited guardianship as followed while granting the initial guardianship.
(5)While granting the support of such limited guardianship, the Court or the designated authority shall consider a suitable person to be appointed as a limited guardian in the following preference of merit:-
(a)The parents or adult children of the person with disability.
(b)Immediate brother or sister.
(c)Other Blood relatives or care givers or prominent personality of the locality.
(6)Only those individuals who are over the age of 18 years and who have not been previously convicted of any cognizable offence as defined in the Code of Criminal Procedure, 1973 (2 of 1974) shall be appointed .
(7)The limited guardian appointed under sub-rule (1) shall consult the person with disability in all matters before taking any legally binding decisions on his behalf.
(8)The appointed limited guardian shall ensure that the legally binding decisions taken on behalf of the person with disability are in the interest of the person with disability.CHAPTER-IV Education