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ORPHANAGES AND OTHER CHARITABE HOMES (SUPERVISION AND CONTROL) ACT, 1960
STATEMENT OF OBJECTS AND REASONS "There are hundreds of orphanages and other charitable homes in the country whose pitiable conditions of existence do not appear to have been taken into consideration in any legislation so far undertaken in any State Legislature or in Parliament. The bills hitherto introduced either in the State Legislatures or in Parliament have sought to penalize criminal activities commonly presumed to be indulged in by orphanages and widows' homes and to vest in the executive powers to deal with such activities. But very little attention has been given to the constructive side of these institutions. It must be admitted on all hands that orphanages and other charitable homes are necessary for the society for diverse reasons. Besides giving protection to the unprotected and unhappy members of the society and affording an outlet for laudable charity for charitably minded persons, these institutions, if run on proper national lines, can help the building of the nation. Thus, every State Government in India is required under this Bill to establish a Board of Control for orphanages and charitable homes in the State. So far as the constructive side is concerned, no existing orphanage or charitable home is to be disturbed, but only its management is sought to be regularised through a managing committee to be elected as prescribed." -Gazette of India, 8-5-1959, Pt. II, section 2, Ext., page 564.
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. Be it enacted by Parliament in the Eleventh Year of the Republic of India as follows :-
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
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(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 date1as the State Government may, by notification in the Official Gazette, appoint.
SECTION 02: DEFINITIONS
- In this Act, 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 this Act;
(i) "woman" means a female who has completed the age of eighteen years.
SECTION 03: 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 04: 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 05: 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 06: TERM OF OFFICE AND CASUAL VACANCIES
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(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 sub- section (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 07: FUNCTIONS OF THE BOARD
(1) It shall be the duty 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 State Government may give to it.
SECTION 08: 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 09: 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 there under 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.
SECTION 13: HOMES NOT TO BE RUN WITHOUT CERTIFICATE
After the commencement of this Act, no person shall maintain or conduct any home except under, and in accordance with, the conditions of a certificate of recognition granted under this Act.
SECTION 14: APPLICATION FOR CERTIFICATE
Every person desiring to maintain or conduct a home shall make an application for a certificate of recognition to the Board in such form and containing such particulars as may be prescribed: Provided that a person maintaining or conducting a home at the commencement of this Act shall be allowed a period of three months from such commencement to make an application for such certificate.
SECTION 15: GRANT OR REFUSAL OF CERTIFICATE
(1) On receipt of an application under section 14, the Board, after making such inquiry as it considers necessary, may, by order in writing, either grant a certificate or refuse to grant it
(2) No order refusing to grant a certificate shall, be made until an opportunity is given to the applicant to be heard in, the matter and where a certificate is refused, the grounds for such refusal shall be communicated to the applicant in the prescribed manner.
(3) No fee shall be charged for the grant of a certificate.
(4) A certificate shall not be transferable.
SECTION 16: CONTENTS OF CERTIFICATE
(1) The certificate shall specify-
(a) the name and location of the recognised home;
(b) the name of the manager thereof:
(c) the nature of the home, whether for women generally or for widows or for children generally or for orphans or for one or more of these classes:
(d) the number of inmates to be taken by the home;
(e) the minimum standards regarding boarding, lodging, clothing, sanitation, health and hygiene which, having regard to the conditions of the locality in which the recognised home is situated and its resources should be complied with in the home;
(f) the standard of education or training to be provided for the inmates of the home, in case the education or training of its inmates is undertaken; and
(g) such other conditions and particulars as may be prescribed :
Provided that there shall be deemed to be included in the certificate granted in respect of a home for females a condition to the effect that the person in charge thereof, whether called superintendent or by any other name, shall ordinarily be a woman.
(2) The Board shall not, ordinarily; permit any recognised home to admit as inmates, persons of different sexes, but may do so for reasons to be recorded and subject to such conditions and limitations as may appear to it to be in the public interest.
(3) Without the previous written consent of the Board, no recognised home shall-
(a) change its name or location as specified in the certificate in respect of it; or
(b) alter the purpose of any service specified therein.
SECTION 17: REVOCATION OF CERTIFICATE
(1) The Board may, without prejudice to any other penalty to which a person to whom a certificate has been granted may be liable under this Act, revoke the certificate-
(a) if it is satisfied that the home is not being conducted in accordance with the conditions laid down in the certificate: or
(b) the management of the home is being persistently carried on in an unsatisfactory manner or is being carried on in a manner highly prejudicial to the moral and physical well-being of the inmates: or
(c) the home has, in the opinion of the Board, otherwise rendered itself unsuitable for that purpose: Provided that no order of revocation shall be made under this sub-section until an opportunity is given to the person to show cause why the certificate should not be revoked: and in every case of revocation, the grounds therefore shall be communicated to the person in the prescribed manner.
(2) Where a certificate in respect of a home is revoked under sub-section (1). such home shall cease to function-
(a) where an appeal has not been preferred under section 18 against the order of revocation immediately on the expiration of the period prescribed for such appeal:
(b) where such appeal has been preferred, but the order of revocation is upheld from the date of the appellate order.
(3) On any home ceasing to function under sub-section (2), the Board may direct that any woman or child who is an inmate of such home shall be-
(a) restored to the custody of her or his parent, husband or lawful guardian, as the case may be or
(b) transferred to another recognised home; or
(c) entrusted to the care of any other fit person :
Provided that no woman shall be entrusted to the care of any person other than a woman.
SECTION 18: APPEALS
Any person aggrieved by an order of the Board refusing to grant a certificate or revoking a certificate may, in such manner and within such period as may be prescribed, prefer an appeal to the State Government or to such authority as may be specified by it against such refusal or revocation: Provided that the State Government or the authority so specified, as the case may be, may admit an appeal after the expiry of the period so prescribed, if it is satisfied that the applicant was prevented by sufficient cause from preferring the appeal in time.
SECTION 19: SURRENDER OF CERTIFICATE AND ITS EFFECT
(1) The manager of a home, if specially authorised in this behalf by resolution of the managing committee, may, on giving six months' notice in writing to the Board of his intention so to do, apply for the withdrawal of the certificate granted in respect of that home and on the expiration of the said period from the date of notice, the certificate shall, unless before that time the notice is withdrawn, cease to have effect; and the home shall cease to function.
(2) No woman or child shall be received into any such home after the date of such notice; but nothing in this section shall be construed to affect the obligation of the manager to comply with all the requirements of this Act and the rules, regulations, directions and orders there under until the certificate ceases to take effect under sub-section (1).
SECTION 20: MANAGING COMMITTEE
(1) There shall be a managing committee in charge of the management of every recognised home and the members of the managing committee shall appoint a member thereof to be the manager of such home for the purpose of this Act.
(2) The constitution, powers and functions of the managing committee and the term of office of the members thereof shall be such as may be provided in the constitution pertaining to such home.
SECTION 21: DUTY OF MANAGER
It shall be the duty of the manager to comply with all the requirements of this Act and the rules, regulations, directions and orders there under in respect of every woman or child admitted into the recognised home until the woman is rehabilitated or the child completes the age of eighteen years or until the certificate ceases to have effect.
SECTION 22: DISCHARGE OF INMATES OF HOME
(1) Subject to the regulations, if any, made by the Board, if the managing committee of a home is satisfied that an inmate of the home has become fit to earn his or her livelihood or is otherwise fit to be discharged from the home; the manager may discharge such inmate.
(2) Notwithstanding anything contained in sub-section (1), no female inmate of a home shall be discharged or given in marriage or entrusted to the care of any other person unless such female has made a declaration before the Board or an officer specified by it in this behalf that she consents to such discharge, marriage or entrustment, as the case may be, and, if the inmate to be given in marriage is a minor, unless the Board or officer, as the case may be, has, after recording the reasons in writing, given its or his approval thereto.
SECTION 23: REPORTS REGARDING DEATHS OF INMATES
The manager shall, immediately after the occurrence of any death among the inmates of the home, send a written report thereof to the Board explaining the cause of death to the best of his knowledge,
SECTION 24 PENALTIES
Any person who fails to comply with any of the provisions of this Act or of any rule, regul
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