Section 19 in Andhra Pradesh Maintenance of Parents and Senior Citizens Rules, 2011
19. Scheme/Regulations for Establishment/ Management of Old Age Homes.
(1)The old age homes in the State whether already in existence or proposed to be established, other than those run by the state government, shall register, with the Assistant Director for Welfare of Disabled and Senior Citizens of each District i.e., the Registration Authority under these Rules, and obtain a Registration Certificate to run the institution.(2)The old age home applying for Registration Certificate shall be registered under the Andhra Pradesh Societies Registration Act, 2001 (A.P.Act No.35 of 2001), the Companies Act, 1956 (Central Act 1 of 1956), the Indian Trusts Act, 1882 (Central Act No.2 of 1882)or any other law for time being in force providing for such registration.(3)All old age homes in the State, offering services for the welfare of senior citizens shall, declare the facilities and services offered in the home, in the form of a citizen's charter including the following and ensure the same:-(i)Suitable accommodation in secured premises with proper protection with basic facilities, periodic medical check-up and follow up thereon, amenities with hygienic and sanitary conditions in entire premises including kitchen, bathrooms, toilets etc., adequate number of toilets and baths, adequate supply of water for drinking and ancillary purposes and the quality of drinking water should be got certified by the laboratories (notified by Government) once in every year, arrangements for washing cloths, supply of daily needs, News paper, library, T.V, First aid and primary health care facilities etc.(ii)The institution shall provide recreational activities on a regular basis including religious discourses, meditation, bhajans etc. as per the interests of stakeholders. The Senior Citizens shall be provided counselling where required, and kept engaged in a constructive manner mobilising support from Government and Non-Government Agencies, and other Philanthropic/Civil Society Members.(iii)Supply of age prescribed nutritious and wholesome diet, including local foods/ local seasonal vegetables/fruits to the residents, with menu displayed in institution.(iv)Adequate clothing and linen for the inmates, including for the winter season.(v)Adequate number of staff, including paramedical attendants (ayahs or nurses) for First aid and routine health care of the inhabitants.(vi)Required specialist treatment and therapy to the severely ill senior citizens by specialist institutions, preferably Government institutions.(vii)The services and quality of services provided should be commensurate with the payments made by the inmates.(viii)Home committees of inhabitants to encourage the participation and to respect the opinion of the residents of the home with a redressal mechanism to sort out the problems of all residents in a speedy and systematic manner.(ix)The Directors/Office bearers/Trustees/ Board Members/ Office bearer/ invitees and staff of the institution shall be mentally sound and shall not have/had any criminal record or involved in any offence/ plead guilty of an offence involving moral turpitude/financial fraud.(x)Objectives of old age home, details of name, address, occupation, qualifications of the Directors/Board Members and staff/employees working in the institution, details of inmates, monthly charges from inmates, etc shall be displayed on their website duly updating the same every year and in such manner as may be prescribed by Government/Registration Authority.(xi)The Chief functionary/in charge of the home shall, immediately after the occurrence of any death among the inmates/residents of the home, send a written report to the Police, with a copy thereof to the Registration Authority explaining the cause of death to the best of his/her knowledge.(xii)The old age home shall ensure that rights and entitlements of senior citizens under various schemes/statutory provisions are protected at all times.(4)Procedure for obtaining Registration Certificate:(i)Every person or Institution desiring to establish or maintain old age home or conduct/provide facility or service shall : -(a)Make an application for Registration Certificate to the Assistant Director, Welfare of the Disabled and Senior citizens of the concerned district (Registration Authority) in the Form-M along with particulars as required and fee of Rs.100/- through Demand Draft or Crossed Cheque in favour of Director, Welfare of Disabled and Senior Citizens.(b)Make available all Originals to the Registration Authority at the time of enquiry for verification:Provided that a person maintaining an old age home or providing a facility or service at the commencement of these Rules shall, within a period of three months from such commencement, make an application for such Registration Certificate.(ii)On receipt of the application for Registration Certificate, the Registration Authority concerned shall within one month, inspect the institution and verify the original documents, and other relevant matters including the following:(a)Objectives, antecedents and activities of the applicant/ management and in case of an Association, the office bearers of the managing committee/governing body, particulars of governing body and the staff of Institution, copy of Annual report, copy of Annual audited accounts, list of residents and particulars of facilities as declared by the home and as mentioned in the application form and actually provided.(b)All other conditions prescribed under rule 19 (3)(iii)If the Registration Authority, upon verification, is satisfied, he shall issue the Registration Certificate, subject to the conditions specified therein. On the other hand if the Registration Authority finds any discrepancy/ inadequacy in the information/ details submitted by the organization/management of the home, it may return the application to the applicant for rectification and resubmission or reject the Registration Certificate for the reasons to be recorded in writing.(5)Validity of Registration Certificate: -(a)A Registration Certificate granted under these rules will be valid for a period of three years for the institutions to be newly established.(b)For well established institutions adhering to all conditions and minimum standards of care as prescribed by Government /Registration Certificate Authority from time to time, the Registration Certificate may be granted for a period up to 10 years depending on the reputation and record of institution concerned.(6)Registration Certificate not Transferable:-(a)A Registration Certificate granted under these rules shall not be transferable.(b)Any change in governing body/executive committee/ Management body staff should invariably be intimated to Registration Authority.(7)Without the previous written consent of the Registration Authority, the old age home shall not change its name or location as specified in the certificate. However, for reason to be justified, location change of the organization, should be intimated to the Registration Authority within 30 days(8)Every old age home registered shall provide an updated report on inmates to Registration Authority every year, in such manner as prescribed by Government or Registration Authority.(9)Powers of the Registration Authority:(a)Power to give directions to manager or in charge of a old age home:- Subject to the directions, if any, given by the Commissioner Disabled Welfare and Senior Citizens or the State Government, the Registration Authority may from time to time, give such general or special directions to the manager/ in charge of a recognized old age home as it thinks fit for the proper management of the home/facility of service. The manager/person in charge shall comply with such directions.(b)Delegation of powers: - Subject to the control/directions of the Commissioner Disabled Welfare and Senior Citizens or the State Government, the Registration Authority may, by general or special order in writing and subject to such conditions and limitations, as may be specified therein, delegate to any senior Officer/staff, such of its powers and functions under this rule, as it may deem necessary, for the efficient carrying of its administration.(10)Monitoring and Supervision:- The Assistant Director for Welfare of Disabled and Senior Citizens in the District, any member of the District Committee/State Council of Older Persons or any person authorized by the District Collector/State Nodal Officer for Senior Citizens/State Government has powers to inspect any Old Age Home maintained by the individuals/ a group of individuals/ voluntary organizations / institutions / charitable trusts/ statutory bodies etc. and call for any information or record from the management of the home for the purpose of implementing these rules.(11)Revocation of Registration Certificate:- The Registration Authority or the District Collector may revoke the Registration Certificate by an order, for reasons to be recorded in writing, if the old age home is not being run in accordance with the conditions specified in the rules or Registration Certificate:Provided that no order of revocation shall be made until an opportunity is given to the person to show cause as to why the certificate should not be revoked:Provided further that where the situation warrants in the interest of inmates or residents, for the reasons to be stated in writing, the Registration Authority may suspend the Registration Certificate and order for closure of the institution.(12)Renewal of Registration Certificate:-(a)All old age homes shall apply for renewal of Registration Certificates as prescribed at Rule 19 (4) 1 (a), 60 days prior to date of expiry of Registration Certificate.(b)The Registration Authority, if required, by causing/ facilitating visits, shall satisfy itself that all conditions/standards prescribed have been adhered to and may grant renewal for a minimum period of 3 years:Provided that a Registration Certificate may be renewed on an application made within sixty days (60) from the date of its expiration, if the Registration Authority is satisfied that there was sufficient cause for not making the application earlier.(13)Appeals under this chapter:-(i)Any person aggrieved by an order of the Registration Authority refusing to grant a Registration Certificate or revoking a Registration Certificate, may within 30 days of receipt of order, prefer an appeal to the concerned District Collector (Appellate Authority), who shall decide it after hearing both the parties with in a period of 3 months.(ii)Any party aggrieved by the order of the Appellate Authority may, within a period of 30 days, file a revision petition before the Commissioner, Disabled Welfare and Senior Citizens (Re-visional Authority), whose order shall be final.(iii)Serving of notices to the aggrieved person/NGO by the Registration Authority/ Appellate Authority/ Re-visional Authority shall be as per the provisions of the Code of Civil Procedure 1908.(14)Cessation of Institution/Service Provider: -(i)An institution /Service Provider for the senior citizens shall be closed or shall cease to function under the following circumstances:(a)Where no application has been made, for registration of old age home already existing, even after the expiry of 3 months of the issue of these rules as required under rule 19 (4) (i), or for renewal of the registration as required under rule 19 (12).(b)Where the Registration Authority rejected the registration of the Old Age Home or Service provider under these rules and no appeal is pending on such rejection;(c)Where registration certificate in respect of a home is revoked under rule 19 (11) and no appeal is pending on such revocation;(ii)When any old age home ceases to function under Rule 19 (14) (i) the Registration Authority may direct that any inmate of such home shall be-(a)restored to the custody of her child, relative or legal heir, as the case may be, provided the Registration Authority satisfies itself of proper protection and care of such person and person to be restored is willing for such restoration or(b)transferred to another suitable old age home.(15)Penalty for violations under this chapter: Any person who continues to run an old age home or facility in violation of orders issued under rule 19 (14) shall be liable for punishment with fine up to Rs. 25000/- (Rupees Twenty Five thousand only). Further, the assets accrued from resources meant for senior citizen concerned but not utilized for them, shall also be liable for forfeiture for utilization for Welfare of Senior Citizens:Provided that no order imposing the said penalty shall be made by the Assistant Director, for Welfare of the Disabled and Senior Citizens, except on the recommendation of the District Committee.Chapter - V
