Amendments to the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 (266 Ex III 1a v2)

What the amendments do

The amendments made under G.O.Ms.No. 53, Social Welfare and Nutritious Meal Programme (SW6(1)), dated 26 July 2018, add rules 24 to 38 to the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009. They define how the State Council for Senior Citizens must operate and supervise implementation of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Responsibilities of the State Council

The State Council for Senior Citizens is assigned the following responsibilities:

• Take measures for effective implementation of the Act.
• Review maintenance claims made by parents and senior citizens once every six months, or whenever necessary.
• Review crimes against senior citizens, including investigations, prosecutions and preventive action, to help protect their life and property.
• Monitor Maintenance Officers and Conciliation Officers, and review cases pending before Maintenance Tribunals and Appellate Tribunals.
• Support timely and fair disposal of maintenance applications and execution of Tribunal orders.
• Review old age homes and their compliance with applicable standards, guidelines and government orders.
• Ensure volunteer committees connect senior citizens living alone with the police.
• Review work by departments dealing with pensions, health, housing, transport, policing, education, local administration, rural development and public information.
• Review public awareness measures and recommend changes in how the Act is implemented.

Membership and vacancies

The added rules set disqualifications for nomination to the State Council, including unsoundness of mind, specified insolvency conditions and certain convictions involving moral turpitude. A non-official member may resign in writing but remains in office until the resignation is accepted.

A non-official member who misses three consecutive meetings without leave may cease to be a member, although the Chairperson may excuse the absence for sufficient cause. The Government may remove an unsuitable member for misconduct or neglect after giving a reasonable opportunity to respond. Vacancies must be reported to the Government, and a person filling a casual vacancy serves only the remaining tenure.

Meetings and decisions

State Council business is normally decided by a majority of members present and voting. Urgent proposals may be circulated, but require support from at least two-thirds of members. Voting is ordinarily by show of hands, with ballot voting available if the majority present agrees.

Ordinary meetings require at least fifteen days notice, while emergency meetings require at least seven days notice. The quorum is one-third of total membership, subject to the stated procedure for an adjourned meeting. Minutes must be circulated, confirmed and recorded. Members are eligible for travelling and other allowances under the applicable government rules.