Section 30 of The Orphanages and other Charitable Homes (Supervision and Control) Act, 1960
Power of the Board to make regulations.
- (1)The Board may, with the previous approval of the State Government, by notification in the Official Gazette, make regulations not inconsistent with this Act and the rules made thereunder, for enabling it to perform its functions under this Act.
- (2)In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
- (a)the time and place of the meetings of the Board, the procedure to be followed in regard to the transaction of business at such meetings and the quorum necessary for the transaction of business at such meetings;
- (b)the maintenance of the minutes of meetings of the Board and the transmission of copies thereof to the State Government;
- (c)the appointment of sub-committees and local committees and of persons by the Board for the purpose of assisting it in performing its functions under this Act;
- (d)the supervision and control of the management of recognised homes;
- (e)the inspection of homes;
- (f)the calling of returns and other information by the Board from managing committees;
- (g)the reception, care, treatment, maintenance, protection, training, welfare, instruction, control and discipline of inmates in recognised homes;
- (h)visits to, and communication with, inmates of recognised homes and the grant of permission to such inmates to absent themselves for short periods;
- (i)the discharge of inmates from recognised homes, their transfer from one recognised home to another and the reports to be sent by managers to the Board;
- (j)any other matter in respect of which provision is, in the opinion of the Board, necessary for the efficient supervision and control of homes.
- (3)The State Government may, by notification in the Official Gazette, amend, vary or rescind any regulation which it has approved; and thereupon the regulation shall have effect accordingly, but without prejudice to the exercise of the powers of the Board under sub-section (1).
Summary
- The Board of Control has the power to make regulations to help it perform its functions.
- Before making these regulations, the Board must get the previous approval of the State Government.
- These regulations cannot conflict with the Act itself or the rules made by the State Government.
- The regulations cover practical matters like meeting times, inspection of homes, and the care and discipline of inmates.
- The State Government has the power to amend or cancel any regulation it previously approved.
Practical examples
FAQ
1. Can the Board of Control make its own regulations independently?
No, the Board must get the previous approval of the State Government before making regulations.
2. What kind of things do the Board's regulations cover?
They cover meeting procedures, inspections, training and care of inmates, and rules for inmates leaving the home for short periods.
3. What happens if a Board regulation conflicts with a State Government rule?
The regulation is not allowed to be inconsistent with the Act or the rules made by the State Government.
Test yourself
1.Under Section 30 of The Orphanages and other Charitable Homes (Supervision and Control) Act, 1960, what is required before the Board can make a valid regulation?
2.Under Section 30 of The Orphanages and other Charitable Homes (Supervision and Control) Act, 1960, which of the following topics is specifically listed as something the Board can regulate?
3.According to Section 30 of The Orphanages and other Charitable Homes (Supervision and Control) Act, 1960, what power does the State Government have over a regulation after it has been approved?
4.Under Section 30 of The Orphanages and other Charitable Homes (Supervision and Control) Act, 1960, what is the relationship between the Board's regulations and the State Government's rules?