The Orphanages and other Charitable Homes (Supervision and Control) Act, 1960

(1) This Act may be called the Orphanages andother 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 inthe Official Gazette, appoint.

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; (c) "child" means a boy or girl who has not completed the age of eighteen years; (d) "home" means an institution, whether called an orphanage, a home for neglected womenor children, a widows" home, or by any other name, maintained or intended to be maintained forthe reception, care, protection and welfare of women or children; (e) "manager" means a member of the managing committee appointed as such by thecommittee under section 20; (f) "managing committee" means the committee of management referred to in section 20; (g) "recognised home" means a home in respect of which a certificate has been granted; (h) "prescribed" means prescribed by rules made under this Act; (i) "woman" means a female who has completed the age of eighteen years.

Nothing in this Act shall apply to-- (a) any hostel or boarding house attached to, or controlled or recognised by, an educationalinstitution; or (b) any protective home established under the Suppression of Immoral Traffic in Women andGirls Act, 1956 (104 of 1956); or (c) any reformatory, certified or other school, or any home or workhouse, governed by anyenactment for the time being in force.

The provisions of this Act shallhave effect notwithstanding anything inconsistent therewith contained in any instrument governing arecognised home.

(1) The State Government may, by notification inthe Official Gazette, establish a Board of Control for the supervision and control of homes in theState. (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 thatwhere the State Legislature consist of two Houses, two members shall be elected by the membersof the Legislative Assembly from among themselves and one member shall be elected by themembers of the Legislative Council from among themselves; (b) five members of the managing committees in the State, to be elected by such committeesfrom 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 StateGovernment; (d) six members to be nominated by the State Government, of whom not more than one shallbe 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 sub-section (2) is unable to attend anymeeting 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 amongthemselves: Provided that at the time of the first constitution of the Board, one of the members of the Boardshall be nominated by the State Government to be its Chairman. STATE AMENDMENT Maharashtra Amendment of section 5 of 10 of 1960.--In section 5 of the Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960 (10 of 1960), in its application to the State of Maharashtra (hereinafter referred to as “the Orphanages and Charitable Homes Act”), in sub-section (2), for clause (a), the following clause shall be substituted, namely:-- “(a) two members of the State Legislative Assembly nominated by the Speaker of the State Legislative Assembly from amongst the members of the State Legislative Assembly and one member of the State Legislative Council nominated by the Chairman of the State Legislative Council from amongst the members of the State Legislative Council;”. [Vide Maharashtra Act 4 of 2016, s. 2].