THE ORPHANAGES AND OTHER CHARITABLE HOMES (SUPERVISION AND CONTROL) ACT, 1960
[Act, No. 10 of 1960]
[9th April, 1960]
An Act to provide for the supervision and control of orphanages, homes for neglected women or children and other like institutions and for matters connected therewith.
Section 1. Short title, extent and commencement
(1) This Act may be called The Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force in a State on such date" as the State Government may, by notification in the Official Gazette, appoint.
Section 2. Definitions
In thisAct, unless the context otherwise requires,--
(a) "Board" means the Board of Control established under section 5;
(b) "Certificate" means the certificate of recognition granted under section 15;
(c) "child" means a boy or girl who has not completed the age of eighteen years;
(d) "home" means an institution, whether called an orphanage, a home for neglected women or children, a widows' home, or by any other name, maintained or intended to be maintained for the reception, care, protection and welfare of women or children;
(e) "manager" means a member of the managing committee appointed as such by the committee under section 20;
(f) "managing committee" means the committee of management referred to in section 20;
(g) "recognised home" means a home in respect of which a certificate has been granted;
(h)"prescribed" means prescribed by rules made under thisAct;
(i) "woman" means a female who has completed the age of eighteen years.
Section 3. Act not to apply to certain institutions
Nothing in this Act shall apply to--
(a) any hostel or boarding house attached to, or controlled or recognised by an educational institution; or
(b) any protective home established under the Suppression of Immoral Traffic in Women and Girls Act, 1956; or
(c) any reformatory, certified or other school, or any home or workhouse, governed by any enactment for the time being in force.
Section 4. Effect of Act on instruments governing recognised homes
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any instrument governing a recognised home.
Section 5. Board of Control, its constitution, etc
(1) The State Government may, by notification in the Official Gazette, establish a Board of Control for the supervision and control of homes in the State.
(2) The Board shall consist of the following members, namely :--
(a) three members of the State Legislature to be elected by the members thereof; provided that where the State Legislature consists of two Houses, two members shall be elected by the members of the Legislative Assembly from among themselves and one member shall be elected by the members of the Legislative Council from among themselves;
(b) five members of the managing committees in the State, to be elected by such committees from among themselves, each such committee having one vote only for this purpose;
(c) the officer in charge of social welfare work in the State, to be nominated by the State Government;
(d) six members to be nominated by the State Government, of whom not more than one shall be a member of Parliament from the State and not less than three shall be women.
(3) If for any reason the officer referred to in clause (c) of sub-section (2) is unable to attend any meeting of the Board, he may depute any officer subordinate to him to attend such meeting.
(4) The Chairman of the Board shall be elected by the members of the Board from among themselves :
Provided that at the time of the first constitution of the Board, one of the members of the Board shall be nominated by the State Government to be its Chairman.
Section 6. Term of office and casual vacancies
(1) Save as otherwise provided in this section, the term of office of a member of the Board shall be five years from the date of his election or nomination or until his successor has been duly elected or nominated, whichever is longer :
Provided that the term of office of a member elected under clause (a) or clause (b) of subsection (2) of section 5, or of a member of Parliament nominated under clause (d) of sub-section (2) of section 5 shall come to an end as soon as he ceases to be a member of the House of the State Legislature which elected him, the managing committee or Parliament, as the case may be.
(2) A member may at any time resign his office by giving notice in writing to the State Government and on such resignation being notified in the Official Gazette by that Government, the seat of such member shall become vacant.
(3) A casual vacancy in the Board shall be filled by fresh election or nomination, as the case may be; and the term of office of a member elected or nominated to fill such vacancy shall be the remainder of the term of the member in whose place he is elected or nominated.
(4) Members of the Board shall be eligible for re-election or re-nomination.
(5) No act done or proceeding taken by the Board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board.
Section 7. Functions of the Board
(1) It shall be the duly of the Board to supervise and control generally all matters relating to the management of homes in accordance with the provisions of this Act; and exercise such other powers and perform such other functions as may be prescribed by or under this Act.
(2) In the performance of its functions under this Act, the Board shall be bound by such directions as the Stale Government may give to it.
Section 8. Power of the Board to give directions to manager of a recognised home
Subject to the directions, if any, given under sub-section (2) of section 7, the Board may, from time to time, give such general or special directions to the manager of a recognised home as it thinks fit for the efficient management of the home and the manager shall comply with such directions.
Section 9. Power of inspection
Any member of the Board, or any Officer of the Board authorised in writing by it in this behalf, by general or special order, may enter at all reasonable times any home for the purpose of ascertaining whether the provisions of this Act or of any rules, regulations, directions or orders thereunder are being complied with and may require the production, for his inspection, of any document, book, register or record kept therein and ask for any information relating to the working of the home :
Provided that no such member or officer shall enter any home or part thereof where there are females, except in the presence of two respectable women of the locality.
Section 10. Funds of the Board
The funds of the Board shall consist of--
(a) contributions, subscriptions, donations or bequests made to it by any person; and
(b) grants made to it by the State Government or any local or other public body.
Section 11. Staff of the Board
Subject to such rules as may be made by the State Government in this behalf, the Board may, for the purpose of enabling it to perform efficiently its functions or exercise its powers under this Act, appoint such officers or other employees as it may think fit and determine their functions and conditions of service.
Section 12. Delegation of powers
Subject to the control of the State Government, the Board may, by general or special order in writing and subject to such conditions and limitations, if any, as may be specified therein, delegate to the Chairman or any other member or any officer thereof such of its powers and functions under this Act, as it may deem necessary, for the efficient carrying on of its administration.