THE ORPHANAGES AND OTHER CHARITABLE HOMES (SUPERVISION AND CONTROL) ACT, 1960
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THE ORPHANAGES AND OTHER CHARITABLE HOMES (SUPERVISION AND CONTROL) ACT, 1960
Title : THE ORPHANAGES AND OTHER CHARITABLE HOMES (SUPERVISION AND CONTROL) ACT, 1960
Year : 1960
(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.
(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.
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.
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.
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.
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.
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.
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.
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.
(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.
(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.
(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 therefor 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.
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.
(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 dale 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 thereunder until the certificate ceases to take effect under sub-section (1).
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