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THE ORPHANAGES AND OTHER CHARITABLE HOMES (SUPERVISION AND CONTROL)

Title : THE ORPHANAGES AND OTHER CHARITABLE HOMES (SUPERVISION AND CONTROL)

Year : 1962



CHAPTER V


MISCELLANEOUS

24.Penalties.

24. Penalties. Any person who fails to comply with any of the provisions of this Act or of any rule, regulation, direction or order thereunder or any of the conditions of a certificate shall be punishable in the case of a first offence with imprisonment which may extend to three months or with fine which may extend to two hundred and fifty rupees or with both, and in the case. of a second or subsequent offence, with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.

25.Sanction for prosecutions.

25. Sanction for prosecutions. No prosecution under this Act shall be instituted except with the previous sanction of the District
Magistrate or the Chief Presidency Magistrate, as the case may be.

26.Persons performing functions under Act to be public servants.

26. Persons performing functions under Act to be public servants. The members of the Board and every person empowered by the
Board to exercise any of its powers under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian
Penal Code ( 45 of 1860),

27.Protection of acts done in good faith.

27. Protection of acts done in good faith. No suit, prosecution or other legal proceeding shall lie against any person who performs any function under this Act for anything done or intended to be done in good faith under this Act or any rule, regulation direction or order thereunder.

28.Power of State Government to exempt homes.

28. (1) Power of State Government to exempt homes. If, after consultation with the Board, the State, Government is satisfied that the circumstances in relation to any class of homes or any home are such that it is necessary or expedient so to do, it may, by notification in the Official Gazette, and for reasons to be specified therein, exempt, subject to such conditions, restrictions or limitations, if any, as it may think fit to impose, such class of homes or home, as the case may be, from the operation of all or any of the provisions of this Act or of any rule or regulation made there-
under.

(2) Every notification issued under this section granting an exemption shall be reviewed in consultation with the Board at intervals not exceeding two years, but nothing herein contained shall affect the power of the State Government to amend, vary or rescind any such notification at any time in consultation with the Board.


752.29.Power of State Government to make rules.

29. (1) Power of State Government to make rules. The State
Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) all matters relating to, or in connection with, elections, to the Board under clause (b) of sub-section (2)
of section 5 and the election of the Chairman;

(b) the disqualifications for membership of the Board and the procedure to be followed in removing a member who is or becomes subject to any disqualification;

(c) the funds of the Board ;

(d) the travelling and other allowances to be drawn by members of the Board ;

(e) the appointment of staff for enabling the Board to perform its functions efficiently under this Act and their recruitment and conditions of service;

(f) the calling of returns and other information by the
State Government from the Board and the managing committees ;

(g) the form in which an application for certificate of recognition may be made, the particulars to be contained in such application and the form in which, and the conditions subject to which, such certificate may be granted ;

(h) the maintenance of registers and accounts by the Board and the audit of its accounts ;

(i) any other matter which is to be, or may be, prescribed.

(3) All rules made under this Act shall, as soon as may be after they are made, be laid before the State Legislature.

30.
Power of the Board to make regulations.

30. Power of the Board to make regulations. (1) The Board may, with the previous approval of the State Government, by notification in the, Official Gazette, make regulations not inconsistent with this Act and the rules made thereunder, for enabling it to perform its functions under this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all. or any of the following matters, namely:-

(a) the time and place of the meetings of the Board, the procedure to be followed in regard to the transaction of business at such meetings and the quorum necessary for the transaction of business at such meetings ;



753.(b) the maintenance of the minutes of meetings of the Board and the transmission of copies thereof to the State
Government ;

(c) the appointment of sub-committees and local committees and of persons by the Board for the purpose of assisting it in performing its functions under this Act ;

(d) the supervision and control of the management of recognised homes ;

(e) the inspection of homes;

(f) the calling of returns and other information by the
Board from managing committees;

(g) the reception, care, treatment, maintenance, protection, training, welfare, instruction, control and discipline of inmates in recognised homes.

(h) visits to, and communication with, inmates of recognised homes and the grant of permission to such inmates to absent themselves for short periods ;

(i) the discharge of inmates from recognised homes, their transfer from one recognised home to another and the reports to be sent by managers to the Board;

(j) any other matter in respect of which provision is, in the opinion of the Board, necessary for the efficient super-
vision and control of homes.

(3) The State Government may, by notification in the Official
Gazette, amend, vary or rescind any regulation which it has approved ;
and thereupon the regulation shall have effect accordingly, but without prejudice to the exercise of the powers of the Board under sub-section (1).

31.Repeals and savings.

31. Repeals and savings. (1) As from the date of the coming into force in any State of this Act, the Womens and Childrens
Institutions (Licensing) Act, 1956 (105 of 1956), or any other Act corresponding to this Act in force in that State immediately before such commencement, shall stand repealed.

(2) Notwithstanding such repeal, anything done or any action taken (including any direction given, any register or rule or order made or any restriction imposed) under the aid Act shall, in so far as such thing or action is not inconsistent with the provisions of this Act be deemed to have been done or taken under the provisions aforesaid, as if they were in force when such thing was done or such action was taken, and shall continue in force accordingly until super-
seded by anything done or any action taken under this Act.


PART
PRELIMINARY

PART I

PRELIMINARY

1.Short title.

1. Short title. This Act may be called the Bombay Reorganisation
Act, 1960.

2.Definitions.

2. Definitions. In this Act, unless the context otherwise requires,--

(a) "appointed day" means the 1st day of May, 1960;

(b) "article" means an article of the Constitution;

(c) "assembly constituency", "council constituency" and
"parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950 (43 of
1950)

(d) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the State of Bombay;

(e) "notified order" means an order published in the
Official Gazette;

(f) "population ratio", in relation to the States of
Maharashtra and Gujarat, means the ratio of 66.31 to
33.69;

(g) "sitting member", in relation to either House of
Parliament or of the Legislature of the State of
Bombay, means a person who, immediately before the appointed day, is a member of that House;

(h) "transferred territory" means the territories which, as from the appointed day, are the territories of the
State of Gujarat;

(i) "treasury" includes a sub-treasury;

578.(j) any reference to a district, taluka, village or other territorial division of the State of Bombay shall be construed as a reference to the area comprised within that territorial division as recognised for land revenue purposes on the 1st day of December, 1959.PART
REORGANISATION OF BOMBAY STATE
Last updated on May, 2015

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