Title : THE ORPHANAGES AND OTHER CHARITABLE HOMES (SUPERVISION AND CONTROL) Year : 1962
THE BOARD OF CONTROL AND ITS POWERS AND FUNCTIONS
5.Board of Control, its constitution, etc.
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
(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 consist 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;
745.(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 subsection (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.
6.Term of office and casual vacancies.
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 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.
746.7.Functions of the Board.
7. 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.
8.Power of the Board to give directions to manager of a recognised home.
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.
9.Power of inspection.
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.
10.Funds of the Board.
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.
11.Staff of the Board.
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.
12.Delegation of powers.
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
747.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.
RECOGNITION OF HOMES
Last updated on May, 2015