The Delhi Orphanages and Women's Homes (Supervision & Control) Act, 1956

The Delhi Orphanages and Women's Homes (Supervision & Control) Act, 1956

Act 12 of 1956

Keyword(s): Committee of Management, Licence, Orphan, Orphanage, Women's Home

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THE 'DELHI ORPHANAGES ( A m WOMEN'S HOMES (SUPERVISION & CONTROL) ACT, 1956

ARRANGEMENTS OF SECTIONS

SECTIONS

\

, 1. Shmt title, #tent and commencement. \"

2. ~efinitions.

6. cancellatiin ofE Licence.

,

-

'This

The Delhi Osphunugesand Women'sHomes

(Supervision 4Control)Act, 1956 B

Act not to : 3. Nothing in this Act shallapply to any idstitutim

certain in- established, maintained or certified by Government under ,tiwtiOn. ,, any law for the time being in force.

to open or 4. No person shall, without or otherwise than in conto maintain f d t y with the mditions of, a licence granted under 'f * an orpha- section 5, open or maintain an orphanage or a wmnen's nageor ', home:

I

1. (2) Subject to the provisions of sections 6 and 7, a 4 licence shall remain in force for a period of three years b from the date of its issue or renewal.
2. (3) A licence may be renewed, if an application for b its renewal is made at least thirty days before the date of its expiration. Such renewal may be made for three years at a time.
3. (4) Every application for the grant or renewal of a licence shall be accompanied by such fee as may be prescribed.
4. (5) No licence shall be transferable. I ~ance~ladcp 6. (1) The District Magistrate may, at any time by an of hen@. ordsr served on a licencee, cancel his licence with effect 1 from a date specified in the notice, if- ,
   • (i) there is contravention d any provisions of this Act or of any rules made thereunder or of any condi- $ tion subject to which the licence was granted or renewed, or
   • (ii) he is dissatisfied with the condition, manage- ment or superintendence of the orphanage or women's f and the orphanage or women's home shall cease to function from the date specified in the order : Provided that the District Magistrate may, instead of taking any action under this sub-sixtion. make an order prohibiting the admission d any person into an orphanage or women's home for such period as may be specified in the order. The Delha' Orphmgesd Wornerr'sh m e s (Supervis&tz ord Control) Act, 1956
5. (2) No action shall be taken under. sub-section (1) without giving a reasonable opportunity to the licemee to show cause why the licence should not be cancelled or admission to the orphanage or women's home prohibited: hovided that in case a licencee is asked to show cause why the licence s h d d not be cancelled, no person shall be admitted into such orphanage or women's home until final orders are passed by the District Magistrate under sub-secc 7. (1) A licencee shall give at least three months' notice Notice by to the District Magistrate of his intention to close the or- ' ' phanage or women's home in respect of which the licence phanages has been granted and, unless such notice is withdrawn by and the licencee the District Magistrate shall camel the licenoe women's on the expiry of six months from the date of the notice, homeswhereupon the orphanage or women's home shall cease to function.
6. (2) No person shall be received into such orphanage or women's home after the date of the notice refmed to in sub-section (1) and, if such notice is withdrawn, before the date of the withdrawal of such notice. 8. While passingany orderforcancellation of a licence order, ,,. under section 6 or 7, the District Magistrate may pass sucb garding cusorders as he thinks fit for the proper custody, including lod- tody of ging and boarding of the inmates of the orphanage or wa-inmates on men's home concerned or for the transfer of such inmates cancellationof a to any other orphanage or women's home in msultation with the Committee of Management of that mphanage or women's home. 9. (1) For the control and management of every or- Committee phanage or women's home, there shall be constituted a Corn- of Managemittee d Management: ment. ' \ Provided that, in case there is a Committm of Management by whatever name it may be called, fm an orphanage or women's home at the date of the commencement of a s Act, such Committee of Management shall be deemed to be the Committee of Management for such orphanage or women's home for a period of m e year from such date and before the expiry of that period a Committee of Management, which shall function immediately after such expiry, shall be constituted under this section for such orphanage or women's home.
7. (2) The composition of the Committee of Management appointed under sub-secticm (I), the manner of its constitution and the term d office of members thereof shall be such as may be prescribed. 2% 'TheDelhi Orphanageswtd WomedsHorns (Supervision and Control) Act, 1956 (3)' The Committee of Management shall have such powers and perform such functions as may be prescribed. Poyer of 10. ( 1 ) Subject to such rules as may be made in this ~ ~behalf,theChief; Commissioner~ may,~byorder-~ ~ ; ' remove a member or (a) remove any member of the Committee of ' dissolve the Managcment and direct that the vacancy caused by such Committee removal may be filled in the prescribed manner. of Manage- ment. (bjdissolve the Committee of Management as and from 4u&h &te as may be specified in the order and direct hgt first Committee of Management shall be canstitutedjlin the prescribed manner: \ 4 Providedhthat no action shall be taken under clauses
   • (a) and (b) sfsub-section ( 1 ) without giving an opportunity to the member. or to the Committee of Management, as the case may be, to show cause why such order should not be made. ,'
8. (2) Removal of a person from the Committee of Management under sub-section (1) shall not affect the right of that person asa trustee. Licencee to 11. Every licencee of an orphanage or wmen's home trainkginmate,for&.,ing,shallfeedingmake suitableandeducationarrangementsof the inmatesfor training,thereof.lodging,cloth.- Discharge 12. (1) An inmate d an orphanage or a women's home of inmates. shall be liable to be discharged from the orphanage w the home, as the case may be, if the Committee of Management is satisfied that such inmate has been rehabilitated or, in the case of a b q .orphan, the inmate has attained the age of 18 years. 1 inmate elf an orphznage who has not been has attained the age of eighteen years may the District Magistrate from the orpha- of 13. If at azy time the Committee of Management is satisfied that qn inmate sf an orphanage or wmen's home is undesirable or is otherwise not fit to be retained in such orphanage (M wmlen's home, it may with the previous approval of the District Magistrate remove such inmate from suchorphanageorhome,asthecasemaybe. - 14. Within a fortnight of the occurrence of the death ding of any inmate br change in the personnel in immediate charge of the administration d any orphanage or women's home changeinmate the licencee or the Committee of Management shall give adminip written notice t ereof to the District Magistrate, provided tive per that the incidh of a sudden death shall be reported im1 . mediate,. The DeEhi Orphanugesatrd Woman'sHomes (Supervisionand Control) Act, 1956 of which a licence has been ganted under section5 shall$:zhBnBn 15. (1) Every orphanage m womm's home in respect Inspection i. at the interval of every six months, be inspcted by the women's iI Districtof gazettedMagistraterank, otheror anythanothera policeofficerofficer,of theauthorisedGovernmentin homo. writing in this behall by the District Magistrate, and rbz Committee of Management and the person in charge thereof shall be bound to afford every facility to! District Magistrats CM the officer so authorised in carrying out the inspection. Such inspection shall relate to matters affecting tbe proper / management of the orphanage or women's home including acrcwnts, and a copy of the inspection report shall be for1 warded by the District Madstrate to the Chief Commissioner ; for such action as he may think fit. "Management and the pxson in charge thereof shall not re- fuse such entry or inspection. 16. Any person aggrieved by an order of refusal to Appeals. grant or renew a licence under section 5 or by an order of a cancellation of a licence or prohibition of admission under section 6 may, within thirty days after the date of such order, and on payment of the mescribed fees, appeal to the Chief Commissioner whose decision shallbe final. 17. Whoever contravenes any of the provisims of this Penalty. Act or the rules made thereunder, shall on conviction, be punished with fine which may extend to five hundred rupees and in the case of continuing offence with a further fine wbich may extend to rupees one hundred for every day for which such offence continues after conviction for the first &ence. 18. (1) Where an offence under this Act has been corn- Offences.by , mitted by an association or society registered under the So-Associations Scieties' RegistrationAct, 1955every person who at the time.::; Sock.the offence was committed was in charge &, and wa%responsible to! the association or society for the condm:t of the business d such an association or society, as well as the association or society shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided iq this Act if he proves that the offence was committed qthout his knowledge or that he exercised all due diligence to p e n t the commission of such offence. 242 TheDefhiOrphdnagesatui Wornerr'sHomes (Supervisionand CoiarrolJAct, 1956 (2)Notwithstanding anything contained in sub-section (I).&here an offence under this Act has been committed by an association or society and it is proved that the offence has been committed with the consent and mnnivance of or is attributable to any neglect on the part of, any manager, secretary or other officer of such association or society, such manager, secretary or other officer shall also be deemed to be 'plty of that offence and shall be liable to be proceeded aga!nst and punished accordingly. cog~int~s/'19. (1)No prosecution under this' ~ c tshall be hsti- Y of offence. tuted except by or with the previous sanction d the District vagistrate. ;r I (2) No court inferior to that of a Magistrate of First 41:s~ shall try any offence under this Act. Power to 'I 28. (1) The Chief Commissioner, may, after previous make rule. pul$ication, make rules, not inconsistent with the provisiocs of this Act, for carrying out the purposes d the Act. (2)In particular and without prejudice to the generality crf the foregoing power, such rules may prwide for all or any of the following matters, namely:-
   • (a) the form in which a return shall be submitted at the commencement of every half year to the District .Magistrateb ythe person licensed to maintain an orpha-
     • • <,nage or women's home;
   • (b) the form in which an application for a licence . may be made and the particulars to be contained in such application;
   • (c) the form of licence and the conditions to be specified therein; 2 (d) the composition of the Committee of ~an&ement, the manner d its constitution and the term of office of the members of such Committee;
   • (e) the powers and functions of the Committee of
     • • Management; ,nage(f)or thewomen'smannerhomein whichshallthebe maintainedaccounts ofandan orpha-audit- ed; (g)the constitution of a reserve fund for an orpha- ;nage or women's home;
   • (h) the maintenance of registers and statements by a licensee and the form d such registers and statements; : (i) any other matter that may be, or is required to to be prescribed;