Section 22 of The Orphanages and other Charitable Homes (Supervision and Control) Act, 1960
Discharge of inmates of home.
- (1)Subject to the regulations, if any, made by the Board, if the managing committee of a home is satisfied that an inmate of the home has become fit to earn his or her livelihood or is otherwise fit to be discharged from the home, the manager may discharge such inmate.
- (2)Notwithstanding anything contained in sub-section (1), no female inmate of a home shall be discharged or given in marriage or entrusted to the care of any other person unless such female has made a declaration before the Board or an officer specified by it in this behalf that she consents to such discharge, marriage or entrustment, as the case may be, and, if the inmate to be given in marriage is a minor, unless the Board or officer, as the case may be, has, after recording the reasons in writing, given its or his approval thereto.
Summary
- The manager can let an inmate leave the home if the managing committee decides the person is fit to earn a livelihood or is otherwise ready to be discharged.
- However, no female inmate can be discharged, married off, or given to another person's care without her spoken consent.
- This consent must be given as a formal declaration before the Board or a specifically authorised officer.
- If the female being given in marriage is a minor, the Board or officer must also give formal written approval after recording their reasons.
Practical examples
FAQ
1. Who decides if an inmate is fit to be discharged?
The managing committee must be satisfied that the inmate is fit to earn a livelihood or is otherwise fit to leave.
2. Can a female inmate be forced to leave or marry?
No, she must make a declaration before the Board or an authorised officer that she consents to the discharge, marriage, or entrustment.
3. What extra step is needed if a minor girl is getting married?
The Board or authorised officer must record their reasons in writing and give explicit approval for the marriage.
Test yourself
1.Under Section 22 of The Orphanages and other Charitable Homes (Supervision and Control) Act, 1960, who must be satisfied that an inmate is fit to earn a livelihood before the manager can discharge them?
2.Under Section 22 of The Orphanages and other Charitable Homes (Supervision and Control) Act, 1960, what must a female inmate do before she can be discharged or given in marriage?
3.Under Section 22 of The Orphanages and other Charitable Homes (Supervision and Control) Act, 1960, what additional requirement exists if a female inmate being given in marriage is a minor?
4.Read Section 20 and Section 22 of The Orphanages and other Charitable Homes (Supervision and Control) Act, 1960. How do these sections divide the power to discharge an inmate?