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Maintenance Act, 1998 (Act No. 99 of 1998)

Regulations Relating to Maintenance

Chapter 1 : Complaints and Investigations

5. Subsistence and Travelling allowances

 

Any person against whom a maintenance order may be made shall on direction of the maintenance court be entitled to the following allowances:

a) His or her reasonable actual expenses if he or she of necessity has to hire accommodation for the night.
b) Whenever the person—
i) has to make use of railway transport to attend the enquiry, he or she shall be issued with a rail warrant for a return ticket for the class in which presumably he or she would ordinarily travel or such other class as a maintenance officer may deem appropriate, and the decision of the maintenance officer in this respect shall be final; or
ii) makes use of railway transport without a rail warrant having been issued to him or her, an amount equal to the fare at government rate shall be paid to him or her: Provided that if a maintenance officer is satisfied that the payment of such amount would in any particular. instance be unreasonable, he or she may order that an amount equal to the actual fair be paid to the person.
c) Whenever suitable railway transport is not available and a person against whom a maintenance order may be made makes use of any other means of public transport to attend the enquiry, an amount equal to the fare for the forward and return journey along the shortest convenient route shall be paid to him or her: Provided that if more than one such other means of public transport is available, the fair for the least expensive thereof shall be paid.
d) Whenever suitable public transport is not available and a person against whom a maintenance order may be made makes use of his or her own or hired transport to attend the enquiry, he or she is entitled to a transport allowance as prescribed from time to time for the Public Service.

[Regulation 5(d) substituted by section 2(b) of Notice No. R.966 of 2017]

e) Whenever suitable public transport is available and a person against whom a maintenance order may be made makes use of his or her own or hired transport to attend the enquiry, the amount referred to in subparagraph (d) may be paid for a forward and return journey not exceeding 300 kilometres: Provided that if a maintenance officer is satisfied that the. circumstances in a particular instance justify the use of transport other than public transport for a distance in excess of 300 kilometres, he or she may order that the amount referred to in subparagraph (d) or such lesser amount as may be deemed equitable in the circumstances be paid for such longer distance, and the decision of a maintenance officer in this respect shall be final.
f) If a maintenance officer is satisfied that the use of such transport is warranted, he or she may grant approval for a person against whom a maintenance order may be made to make use of air transport at government expense to attend the enquiry.