Loading...
Are you looking for a legal research tool ?
Get Started
Do check other products like LIBIL, a legal due diligence tool to get a litigation check report and Case Management tool to monitor and collaborate on cases.

PUNJAB MANAGEMENT OF SENIOR CITIZEN HOMES FOR ELDERLY PERSONS SCHEME, 2019

PUNJAB MANAGEMENT OF SENIOR CITIZEN HOMES FOR ELDERLY PERSONS SCHEME, 2019

PUNJAB MANAGEMENT OF SENIOR CITIZEN HOMES FOR ELDERLY PERSONS SCHEME, 2019

PREAMBLE

In exercise of the powers conferred by sub-section (2) of section 19 and clause (d) of sub-section (2) of section 32 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Central Act 56 of 2007), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following scheme for management of old age homes for the maintenance and welfare of parents and senior citizens, namely:-

SCHEME 1. Short title and commencement.--

(1)     This scheme may be called the Punjab Management of Senior Citizen Homes for Elderly Persons Scheme, 2019.

(2)     It shall come into force on and with effect from the date of its publication in the Official Gazette.

SCHEME 2. Definitions.--

(1)     In this scheme, unless the context otherwise requires,-

(a)      "Act" means the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Central Act 56 of 2007);

(b)      "Department" means the Department of Social Security and Women and Child Development ;

(c)      "Grantee" means any Non-Government Organization or Voluntary Association receiving grant-in-aid under clause 11 of the scheme;

(d)      "Government" means the Government of Punjab in department of Social Security and Women and Child Development; and

(e)      "Senior Citizen Homes" means homes registered under clause 3 of the scheme.

(2)     The words and expressions used in this scheme, but not defined, shall have the same meaning as assigned to them in the Act and rules made thereunder.

SCHEME 3. Manner of registration of Senior Citizen Homes.--

(1)     All institutions of housing elderly persons, whether run by the Government or voluntary, shall be registered under this scheme, irrespective of being registered or licensed under any other Act for the time being in force.

(2)     All such institutions shall make an application in Form 1 together with a copy each of rules, byelaws, memorandum of association, list of governing body, office bearers, list of trustees, balance sheet of preceding three years, statement of past record of social or public service provided by the institution to the State Government and a declaration from the person with regard to any previous conviction record or involvement in any immoral act or that it has not been black listed by the Central or State Government;

(3)     The State Government shall, after inspection that adequate provisions exist in the institution for the care and welfare of elderly, health, education, boarding and lodging facilities, may issue a registration certification to such institution in Form 2.

(4)     The State Government, where adequate facilities do not exist in the institution applying for registration, shall issue an order before the expiry of one month from the date of receipt of the application that the institution is not entitled for registration.

(5)     The State Government, while taking a decision on the application for registration, may consider the following matters, namely:

(i)       registration of the institution under any law for the time being in force;

(ii)      details of physical infrastructure, water and electricity facilities, sanitation and hygiene, recreation facilities;

(iii)     financial position of the institution and maintenance of documents along with audited statement of accounts for the previous three years;

(iv)    arrangements of safety, security and transportation;

(v)      details of other support services run by the institution persons;

(vi)    details of linkages and networking with other governmental, nongovernmental, corporate and other community based agencies on providing need-based services to elderly persons;

(vii)   details of existing staff with their qualification and experience;

(viii)  details of beneficiaries alongwith their AADHAAR numbers;

(ix)    a declaration from the person or the institution regarding any previous conviction record or involvement in any immoral act; and

(x)      any other criteria as specified by the State Government.

(6)     The period of registration of an institution shall be five years, and it shall be subject to renewal in every five years.

(7)     The State Government shall conduct a detailed inspection or review annually after registration with regard to the facilities, staff, infrastructure, and compliance with the adequate standards of care, protection and management of the institution.

(8)     If the inspection or the annual review reveals that there is unsatisfactory compliance with the standards of care, protection, and management of the institution or the facilities are inadequate, the State Government may, at any time, serve notice on the management of the institution and after giving an opportunity of being heard, declare within a period of sixty days from the date of the detailed inspection or annual review, as the case may be, that the registration of the institution, shall stand withdrawn or cancelled from a date specified in the notice and from the said date, the institution shall cease to be an institution.

(9)     When an institution ceases to be an institution registered under this scheme, that house shall be managed by the State Government.

(10)   All institutions shall be bound to seek renewal of registration three months prior to the expiry of the period of registration and in case of their failure to seek renewal of registration before the expiry of the period of registration of the institution, the institution shall cease to be an institution registered under sub-clause (3) and provisions of sub-clause (8) of this clause shall apply.

(11)   An application for renewal of registration of an institution shall be disposed of within sixty days from the date of receipt of application.

(12)   The decision on renewal of registration shall be based on the annual review done in the year in which the renewal is sought.

SCHEME 4. Committees.--

(1)     The State Government shall constitute a State Grant-in- Aid Committee and the District Level Inspection Committees.

(2)     The State grant-in-aid Committee shall comprise of four members, namely:-

(i)

Director, Department of Social Security and Women and Child Development;

Chairman

(ii)

Additional Director, Social Security;

Member

(iii)

Joint Director, Social Security;

Member

(iv)

Deputy Director, Social Security.

Member-Secretary

(3)     The State grant-in-aid Committee shall be responsible for approval of the applications for grant-in-aid and shall submit a report to the Government.

(4)     The District Level Inspection Committee shall comprise of following members, namely:-

(i)

Deputy Commissioner;

Chairman

(ii)

Civil Surgeon;

Member

(iii)

District Social Security Officer;

Member-Secretary

(iv) ??two members of the civil society working in the area of welfare of senior citizens; and

(v) ??two representatives of the District Red Cross Society.

(5)     The District Level Inspection Committee shall inspect all the Senior Citizen Homes in the district as per norms specified in Form 3.

(6)     The inspection of the facilities provided to the housing elderly persons in the district shall be carried out at least once in every three months.

(7)     The District Level Inspection Committee shall submit the report of the findings to the State Government and shall also make suggestions for improvement and development of the Senior Citizen Homes.

(8)     The District Level Inspection Committee shall interact with the elderly persons during the visits to the institution to determine their well-being and to elicit their feedback.

(9)     The District Social Security Officer shall take necessary follow up action on the report of the District Level Inspection Committee.

SCHEME 4A. Admission in the Senior Citizen Home.--

(1)     The Deputy Commissioner of the district concerned is the final authority to provide orders authorizing the admission of elderly persons in Homes. However, in case of odd hours or emergency, the Additional Deputy Commissioner or the Sub-Divisional Magistrate or the District Social Security Officer, as the case may be, can issue orders for short period of stay.

(2)     At the time of admission of persons to Senior Citizen Home, the following documents are required; namely:-

(a)      Application form;

(b)      Age proof (Aadhar Card or Voter Card or Voter List or Mark-sheet of 10th Class or Retirement Certificate or in case of Orphan, Self Declaration or Certificate from Civil Surgeon is sufficient) and,

(c)      Will of Property and list of belongings for the future course of action

SCHEME 5. Release from Senior Citizen Home.--

(1)     The Deputy Commissioner of the district concerned is the final authority to provide releasing orders. However, in case of odd hours or emergency, the Additional Deputy Commissioner or the Sub-Divisional Magistrate or the District Social Security Officer can issue orders which are to be ratified by the Deputy Commissioner.

(2)     A resident can be released from Senior Citizen Home on following grounds, namely:-

(a)      on mutual consent of family after the conciliation;

(b)      on self-declaration by resident;

(c)      on application of guardian with the consent of senior citizen; and

(d)      on any complaint received from majority of residents.

SCHEME 6. Death of a person.--

(1)     On the occurrence of death of a person in a Senior Citizen Home, the procedure to be adopted shall be as under, namely:-

(i)       the Home must ensure that the Civil Surgeon or the Senior Medical Officer concerned must declare such person's death;

(ii)      the Home must inform any family member of such person and the body of the person shall be handed over to the relatives or, in the absence of any claimant, the last rites shall be performed under the supervision of the person-in-charge of the Home according to his ritual rites and after retaining a photograph of the person for future reference;

(iii)     the Home must inform the District Administration and the Municipal Corporation or the Municipal Committee or Panchayat, as the case may be, for the purpose of issuance of death certificate.

SCHEME 7. Programmes admissible for assistance under the Scheme.--

(1)     An estimate of the funds and other logistics required for each Old Age Home having a capacity of one hundred and fifty persons, being built and managed by the Department has been worked out after consideration of various relevant factors. The head-wise figures are described in Annexure 1 to 8.

OPTION 1

Estimated cost for Government managed Senior Citizen Home (150 Residents) including construction of building

S. No.

Head

Reference

Expenditure (in Rupees)

1

Land

Annexure -1

2,00,00,000

2

Physical Infrastructure

Annexure -2

3,40,00,000

3

Manpower

Annexure -3

28,23,600

4

Non- Recurring Expenses

Annexure -4

67,40,000

5

Furnishings, linen, etc

Annexure -5

14,68,500

6

Clothing

Annexure -6

61,95,000

7

Toiletries

Annexure -7

10,67,400

8

Diet

Annexure -8

45,18,000

 

 

TOTAL

7,68,12,500 (7.07 crores)

(2)     The Department can collaborate with Non-Government Organizations or Voluntary Associations and provide financial assistance to run the Senior Citizen Homes. The Senior Citizen Homes, run by the said organizations can be adopted by the Government. In case, the Government chooses to adopt the Senior Citizen Homes, the estimated costs shall be as under with an assumption that the land and building cost shall not have to be borne by the Government; namely:-

OPTION 2

Estimated cost (to the Government) of adopting a Senior Citizen Home (150 residents) run by an NGO was worked out likewise.

S. No.

Head

Reference

Expenditure (in Rupees)

1

Manpower

Annexure -3

28,23,600

2

Non-Recurring Expenses

Annexure -4

67,40,000

3

Furnishing, linen etc

Annexure -5

14,68,500

4

Clothing

Annexure -6

61,95,000

5

Toiletries

Annexure -7

10,67,400

6

Diet

Annexure -8

45,18,000

 

 

TOTAL

2,28,12,500 (2.03 crores)

SCHEME 8. Collaboration.--

The Government shall collaborate with existing Senior Citizen Homes being run by the Non-Governmental Organizations and Voluntary Associations in the State of Punjab.

SCHEME 9. Eligibility criteria for the Non-Government Organization or Voluntary Associations for assistance under the Scheme.--

The eligibility criteria for the Non-Government Organizations or the Voluntary Associations for assistance under as per option 2 under clause 8 is as under, namely:-

(a)      The Non-Government Organizations or Voluntary Associations should be a registered body under the Societies Registration Act, 1860 or licensed under the Companies Act, 2013 or any other law for the time being in force or a Public Trust registered under any law for the time being in force;

(b)      The Non-Government Organizations or Voluntary Associations should be a registered organization under this scheme;

(c)      All Non-Government Organizations or Voluntary Associations shall comply with statutory approvals and clearances as applicable;

(d)      The Non-Government Organizations or Voluntary Associations should have an experience of working at least two years for the welfare of public at large;

(e)      The said organization shall have a properly constituted managing body with its powers, duties and responsibilities clearly defined and laid down in a written Constitution. It shall have an appropriate administrative structure and a duly constituted Managing Committee or Executive Committee;

(f)       The organization is initiated and governed by its own members on democratic principles;

(g)      The aims and objects of the organization and programmes in fulfilment of those aims and objects are specifically laid down;

(h)     The organization shall not run for profit to any individual or a body of individuals;

(i)       The organization should possess proven credentials and capabilities to handle such projects; and

(j)       All the members of the organization must be active members, there shall not be any bogus or sleeping member, if found, any such organization shall be barred.

SCHEME 10. Procedure for submission of proposals and release of grant- in-aid.--

(1)     Any Non Government Organization or Voluntary Association who wishes to receive grant-in-aid as per option 2 under clause 8 shall make an application in Form 1 to the District Social Security Officer who shall forward the same to the Director Social Security along with the recommendations of the District Level Inspection Committee.

(2)     The application form shall clearly indicate the target group of beneficiaries to be covered and in addition to the documents mentioned under sub-clauses (2) and (5) of clause 3, the following additional documents are required, namely:-

(i)       information relating to the grants received or likely to be received from other departments of the Government of Punjab or any other source for the same project; and

(ii)      a bond in a format specified by the Government, on a non-judicial stamp paper, for the amount of grant-in aid being sought, duly executed by the controlling authority of the institution or organization.

(3)     On basis of the recommendation of the District Level Inspection Committee, the grant-in-aid shall be released by the State Grant-in-Aid Committee. The recommendations for arrears of grants shall be considered only if there is also a specific recommendation for the release of grant-in aid for the current financial year.

(4)     The grantee shall be open to inspection by any officer of the State Government or any agency or any person or persons authorized in this behalf including third party inspections at any time.

(5)     If grantee has already received a grant from some other Government sources for the purpose for which the application is being made under this Scheme, the assessment for grant shall normally be made after taking into account the grant received from such other sources.

(6)     The grantee shall maintain a separate joint or current account in the name of the President or Secretary of the organization or association for the grants received under the Scheme, which shall be open to inspection or audit at any time by the Comptroller and Auditor-General of Punjab or any officer deputed by the Government in this behalf. Where the grantee is State Government, the District Social Security Officer concerned shall be the Drawing and Disbursing Officer for the grants received under this scheme.

(7)     The grantee shall maintain a separate record of all assets acquired wholly or substantially out of the Government grant in the Stock Register which shall be open to inspection or audit at any time by Comptroller and Auditor-General of Punjab or any officer deputed by the Government in this behalf.

(8)     If State Government is not satisfied with the conduct of grantee or finds that the rules or guidelines prescribed are being violated by the grantee, it reserves the right to terminate the grant-in-aid and may recover the amount of grant-in aid already sanctioned with interest.

(9)     The grantee shall change the location of the Home only with the prior approval of the Government.

SCHEME 11. Management and Monitoring of Senior Citizen Homes.--

(1)     If such grantee fails to provide the necessary amenities as specified in section 19 of the Act, as amended from time to time, Government, after following the due procedure, may terminate the grant to such institutions.

(2)     The following minimum standards are to be followed by the grantee, namely:-

(a)      Nutrition -

Variety of food stuff (as per local conditions) in an adequate quantity, good quality and containing an average of 1700 calories and 50 grams protein shall be provided to the beneficiaries every day. The daily indicative menu shall be clearly mentioned on notice board.

Morning Tea

Coffee/Tea and Biscuits/Rusks/Fan Puffs

Breakfast

Daliya/Cornflakes (with Milk)/Idli/Vada/Upma/Oats/Poha/Chiwda/Parantha/Toast/Paav/Dhokla (daily)

 

PLUS

 

Boiled Egg or Seasonal Fruit (twice a week)

Lunch

Chapati, Rice, Dal/Sambhar, One Green Vegetable, Curd, Salad (daily)

 

PLUS

 

Special Meal ( Veg/Non-Veg) and Sweet (Halwa/Kheer, etc) (once a week)

Evening Tea

Coffee/Tea and Biscuits/Rusks/Fan Puffs

Dinner

Chapati/Rice/Dosa/Utthapam, Dal/Sambhar, One Seasonal Vegetable/Khichdi

(The above menu is only of indicative in nature. Grantee can suitably modify the Menu to suit the inmate's palate/tastes, amounting to 1700 calories in a day)

(b)      Medical facilities/Medicare-

The grantee shall have a first aid kit (as advised by the Doctor), glucometer, BP monitoring machine, weighing machine and general medicines as prescribed by the Doctor. The grantee must ensure presence of doctor 24X7 or a tie up with the Civil Hospital to deal with emergencies.

(c)      Physical aids and assisted living devices-

Devices such as wheelchairs, hearing aids, dentures, spectacles, crutches, walkers, etc. shall be made available to the residents under RASHTRIYA VAYOSHRI YOJANA (RVY). The grantee may place requirement (in proforma prescribed in RVY) of assistive devices to Artificial Limbs Manufacturing Corporation (ALIMCO) (implementing agency of RVY) through District Administration. The District Administration shall forward the application for requirement of devices to Artificial Limbs Manufacturing Corporation (under intimation to this Ministry).

Where the Government is the grantee, the requirement of devices for the inmates of the projects shall directly be placed to the Artificial Limbs Manufacturing Corporation by the District Administration concerned.

(d)      Recreation -

At each centre, the implementing agency must provide books, 3-4 Magazines, 2-3 newspapers (in regional/local language), Outings at nearby places (1 in a month)- religious/cultural, Games like caroms, chess, cards, one cable connection, one computer with internet connection, with a separate reading room.

(e)      The grantee shall ensure the services of minimum staff as specified in the Annexure -3.

(f)       Security-

The necessary security arrangements shall be made in the centres by the grantee.

(g)      Clothing -

Keeping in view the local climate, weather conditions and traditional norms, all the residents must be provided clothing articles as per Annexure -6.

(h)     Rooms -

Properly ventilated rooms with sufficient space between the beds for the easy movement of the residents shall be provided along with provision for storage of the belongings of the beneficiaries. Floors shall be anti-slippery.

(i)       Bathrooms and toilets -

The grantee must ensure separate toilets for females and males. There shall be at least one toilet with western style fixed or removable commodes. The grantee shall have ramp facilities and railings for easy access to the inmates at bathrooms and toilets, wherever required. The bathrooms and toilets shall have anti-slippery tiles and railings for hand support.

(j)       Hygiene and Sanitation-

All the rooms, veranda or courtyard, kitchen , bathrooms and toilets shall be cleaned at least two times a day.

(k)      The grantee shall make miscellaneous payments including payments for electricity, water, internet, stationery, postage, maintenance of furniture, generator or inverter, cost of fuel for cooking, replacement of bed sheets.

(l)       Non-Recurring expenditure shall be provided as per norms specified in Annexure-4.