The Act namely, Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960 (Act no. 10 of 1960) dated 9th April, 1960, was enacted with the view to have supervision and control over orphanages and homes and other like institutions for those women and children who are being neglected. The Act should have its extension over whole of India but the State of Jammu and Kashmir is exempted from the application of this Act. The important definitions, including Board, Child, Home, Women, etc. are being enumerated under section 2 of the Act, for the best understanding of the provisions of this Act with its actual meaning. Certain institutions, including hostel or boarding houses under educational institution, protective home formed under Suppression of Immoral Traffic in Women and Girls Act, 1956, or reformatory, home or workhouse which are being managed under the provisions of any enactment, in respect of all these institutions this Act should not have applicability as per Section 3 of the Act.
The Act under section 5 deals with establishment of the Board of Control and powers and obligations thereof, under its second Chapter. The State Government is empowered under this Act as to establishment of such Board in order to have supervisions and control over such Homes in the concerned State. The Election of its members should be held from amongst the Members of State Legislature. The number of members of such Board is enlisted in the subsequent clauses of the Act, and the Chairman for the Board should also be elected from such members of Board. The terms of office and other provisions as to services are being clarified under subsequent provision. The Functions of such Board are being explained under Section 7 of the Act, where Board is bounded with a duty or obligation to supervise and provide its control over homes and to do all relevant acts and performs all other concerned functions, which so resemble with aforesaid one. And in doing so, the Board should be subjected to the guidelines and directions of the Government. Certain powers of such Board as to directing the manager of recognized home and even of inspecting any home are being explained under section 8 and 9 of the Act.
The Act also makes provisions for recognition of Homes for the purpose thereof, wherein it is clearly provided that on this Act come into effect, the persons maintaining or conducting any home, should not continue such activity unless there is a certificate of recognition. Such certificate is to be issued by the Board, on an application by such persons who are desirous to maintain or conduct such homes, after making enquiry by such Board it may either grant or refuse to grant such applications.
Similarly, Chapter, IV of the Act is concerning with the management of recognized Homes, where the Act deals with the constitution of Managing Committee in Charge of Management of every such recognized homes and the manager of Home for the purposes of this Act should be from amongst the members of such Managing Committee, who should be responsible to look after the compliance of provisions of this Act, rules, etc. And every aspect of such Committee including its constitution powers and obligations, etc. should be prescribed under their constitution.
The persons (inmate) who became capable of earning his or her livelihood or if is otherwise became fit for discharge from such home, then on such confirmation and satisfaction the Manager can discharge such inmate as given under Section 22 of the Act. There is restriction on discharge of female inmate, that such inmate should not be discharged or given under the custody of other person either by marriage or otherwise, except with her consent to such discharge upon a declaration to that effect by her, before the Board or any prescribed officer. Similarly, if any death of inmate occurs, then a report as to cause of such death should be made by Manager to the Board in the soon possible opportunity.
So far as miscellaneous provisions under this Act are concerned, these provisions are provided under last chapter being Chapter V of the Act. The penal provisions under the Act are given for failure to comply the provisions of this Act, rule, etc. or even failure comply the directions or conditions of certificate by any person concerned thereof. The punishment is given under the provision as it is extending to imprisonment and fine also. The prosecution under the provisions of this Act should be instituted only with the previous sanction of District Magistrate or of the Chief Presidency Magistrate. The acts done in good faith by the person discharging his duties under this Act, Rules, etc. are given immunity against any suit or legal proceedings of any nature, as per section 27 of the Act. Section 29, is important so far as it is empowering the State Government to frame rules on certain given matters including the matters which are necessary for carrying out the object and purpose of this Act. Similarly, section 30 empowers the Board to make regulations within the scope and authority of this Act and on such matters as are enumerated under several clauses of this provision.
The Act speaks of repealing of certain enactments including Women’s and Children’s Institutions (Licensing) Act, 1956 (Act No.105 of 1956) and any other enactment corresponding to this Act, being under force in the State.
by Faim Khalilkhan Pathan.