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

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.

BE it enacted by Parliament in the Eleventh Year of the Republic of India as follows: -

CHAP

PRELIMINARY

CHAPTER I

PRELIMINARY

Short title, extent and commencement.

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.

Definitions.

2. 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 ;

(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 manage-

ment referred to in section 20 ;

(g) " recognised home " means a home in respect of which a certificate has been granted ;

744 (h) " prescribed " means prescribed by rules made under this Act ;

(i) "woman" means a female who has completed the age of eighteen years.

Act not to apply to certain institutions.

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 (104 of 1956); or (c) any reformatory, certified or other school, or any home or workhouse, governed by any enactment for the time being in force.

Effect of Act on instruments governing recognised homes.

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.

CHAP

THE BOARD OF CONTROL AND ITS POWERS AND FUNCTIONS

CHAPTER II

THE BOARD OF CONTROL AND ITS POWERS AND FUNCTIONS

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 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 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 ;

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.

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 i...

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