THE ORPHANAGES AND OTHER CHARITABLE HOMES (SUPERVISION AND 
CONTROL) ACT, 1960 

__________ 

ARRANGEMENT OF SECTIONS 

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CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Definitions.  

3. Act not to apply to certain institutions. 

4. Effect of Act on instruments governing recognised homes. 

CHAPTER II 

THE BOARD OF CONTROL AND ITS POWERS AND FUNCTIONS 

5. Board of Control, its constitution, etc. 

6. Term of office and casual vacancies. 

7. Functions of the Board. 

8. Power of the Board to give directions to manager of a recognised home. 

9. Power of inspection. 

10. Funds of the Board. 

11. Staff of the Board. 

12. Delegation of powers. 

CHAPTER III 

RECOGNITION OF HOMES 

13. Homes not to be run without certificate. 

14. Application for certificate. 

15. Grant or refusal of certificate. 

16. Contents of certificate. 

17. Revocation of certificate. 

18. Appeals. 

19. Surrender of certificate and its effect. 

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CHAPTER IV  

MANAGEMENT OF RECOGNISED HOMES 

SECTIONS 

20. Managing committee. 

21. Duty of manager. 

22. Discharge of inmates of home. 

23. Reports regarding deaths of inmates. 

CHAPTER V  

MISCELLANEOUS 

24. Penalties. 

25. Sanction for prosecutions. 

26. Persons performing functions under Act to be public servants. 

27. Protection of acts done in good faith. 

28. Power of State Government to exempt homes. 

29. Power of State Government to make rules. 

30. Power of the Board to make regulations. 

31. Repeals and savings. 

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THE ORPHANAGES AND OTHER CHARITABLE HOMES (SUPERVISION AND 
CONTROL) ACT, 1960 

ACT NO. 10 OF 1960 

[9th April, 1960.] 

An Act to provide for the supervision and control of orphanages, homes for neglected women 

or children and other like institutions and for matters connected therewith. 

BE it enacted by Parliament in the Eleventh Year of the Republic of India as follows:― 

CHAPTER I  

PRELIMINARY 

1.  Short  title,  extent  and  commencement.―(1)  This  Act  may  be  called  the  Orphanages  and 

other 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 in 

the Official Gazette, appoint. 

2. Definitions.―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 women 
or children, a widows’ home, or by any other name, maintained or intended to be maintained for 
the reception, care, protection and welfare of women or children;  

(e)  “manager”  means  a  member  of  the  managing  committee  appointed  as  such  by  the 

committee 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. 

3. Act not to apply to certain institutions.―Nothing in this Act shall apply to― 

(a) any hostel or boarding house attached to, or controlled or recognised by, an educational 

institution; or  

(b) any protective home established under the Suppression of Immoral Traffic in Women and 

Girls Act, 1956 (104 of 1956); or  

(c)  any  reformatory,  certified  or  other  school,  or any  home  or  workhouse,  governed  by  any 

enactment for the time being in force. 

*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu 

and Kashmir and the Union territory of Ladakh. 

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4. Effect of Act on instruments governing recognised homes.―The provisions of this Act shall 
have effect notwithstanding anything inconsistent therewith contained in any instrument governing a 
recognised home. 

CHAPTER II 

THE BOARD OF CONTROL AND ITS POWERS AND FUNCTIONS 

5.  Board  of  Control,  its  constitution,  etc.―(1)  The State  Government  may,  by  notification  in 
the  Official  Gazette,  establish  a  Board  of  Control  for  the  supervision  and  control  of  homes  in  the 
State.  

(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 that 
where the State Legislature consist of two Houses, two members shall be elected by the members 
of  the  Legislative  Assembly  from  among  themselves  and  one  member  shall  be  elected  by  the 
members of the Legislative Council from among themselves;  

(b) five members of the managing committees in the State, to be elected by such committees 

from 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  State 

Government; 

(d) six members to be nominated by the State Government, of whom not more than one shall 

be 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 any 

meeting 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  among 

themselves:  

Provided that at the time of the first constitution of the Board, one of the members of the Board 

shall be nominated by the State Government to be its Chairman. 

Maharashtra 

STATE AMENDMENTS 

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]. 

6. Term of office and casual vacancies.―(1) Save as otherwise provided in this section, the term 
of office of a member of the Board shall be five years from the date of his election or nomination or 
until his successor has been duly elected or nominated, whichever is longer:  

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Provided  that  the  term  of  office  of  a  member  elected  under  clause  (a)  or  clause  (b)  of                        

sub-section  (2)  of  section  5,  or  of  a  member  of  Parliament  nominated  under  clause  (d)  of                
sub-section (2) of section 5, shall come to an end as soon as he ceases to be a member of the House of 
the State Legislature which elected him, the managing committee or Parliament, as the case may be.  

(2)  A  member  may  at  any  time  resign  his  office  by  giving  notice  in  writing  to  the  State 
Government and on such resignation being notified in the Official Gazette by that Government, the 
seat of such member shall become vacant.  

(3) A casual vacancy in the Board shall be filled by fresh election or nomination, as the case may 
be;  and  the  term  of  office  of  a  member  elected  or  nominated  to  fill  such  vacancy  shall  be  the 
remainder of the term of the member in whose place he is elected or nominated.  

(4) Members of the Board shall be eligible for re-election or re-nomination.  

(5) No act done or proceeding taken by the Board shall be questioned on the ground merely of the 

existence of any vacancy in, or defect in the constitution of, the Board.  

Maharashtra 

STATE AMENDMENTS 

Amendment of section 6 of 10 of 1960.―In section 6 of the Orphanages and Charitable Homes 
Act, in sub-section (1), in the proviso, for the words, brackets and letters “elected under clause (a) or 
clause (b)” the words, brackets and letters “nominated under clause (a) or elected under clause (b)” 
shall be substituted. 

[Vide Maharashtra Act 4 of 2016, s. 3]. 

7.  Functions  of  the  Board.―(1)  It  shall  be  the  duty  of  the  Board  to  supervise  and  control 
generally all matters relating to the management of homes in accordance  with the provisions of this 
Act;  and  exercise  such  other  powers  and  perform  such  other  functions  as  may  be  prescribed  by  or 
under this Act.  

(2) In the performance of its functions under this Act, the Board shall be found by such directions 

as the State Government may give to it. 

8. Power of the Board to give directions to manager of a recognised home.―Subject to the 
directions, if any, given under sub-section (2) of section 7, the Board may, from time to time,  give 
such general or special directions to the manager of a recognised home as it thinks fit for the efficient 
management of the home and the manager shall comply with such directions. 

9.  Power  of  inspection.―Any  member  of  the  Board,  or  any  officer of the  Board  authorised  in 
writing by it in this behalf, by general or special order, may enter at all reasonable times any home for 
the purpose of ascertaining whether the provisions of this Act or of any rules, regulations, directions 
or orders thereunder are being complied with and may require the production, for his inspection, of 
any  document,  book,  register  or  record  kept  therein  and  ask  for  any  information  relating  to  the 
working of the home:  

Provided  that  no  such  member  or  officer  shall  enter  any  home  or  part  thereof  where  there  are 

females, except in the presence of two respectable women of the locality. 

10. Funds of the Board.―The funds of the Board shall consist of― 

(a) contributions, subscriptions, donations or bequests made to it by any person; and  

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(b) grants made to it by the State Government or any local or other public body. 

11. Staff of the Board.―Subject to such rules as may be made by the State Government in this 
behalf, the Board may, for the purpose of enabling it to perform efficiently its functions or exercise its 
powers under this Act, appoint such officers or other employees as it may think fit and determine their 
functions and conditions of service. 

12. Delegation of powers.―Subject to the control of the State Government, the Board may, by 
general or special order in writing and subject to such conditions and limitations, if any, as may be 
specified  therein,  delegate  to  the  Chairman  or  any  other  member  or  any  officer  thereof  such  of  its 
powers  and  functions  under  this  Act,  as  it  may  deem  necessary,  for  the  efficient  carrying  on  of  its 
administration. 

CHAPTER III 

RECOGNITION OF HOMES 

13. Homes not to be run without certificate.―After the commencement of this Act, no person 
shall  maintain  or  conduct  any  home  except  under,  and  in  accordance  with,  the  conditions  of  a 
certificate of recognition granted under this Act. 

14.  Application  for  certificate.―Every  person  desiring  to  maintain  or  conduct  a  home  shall 
make  an  application  for  a  certificate  of  recognition  to  the  Board  in  such  form  and  containing  such 
particulars as may be prescribed:  

Provided that a person maintaining or conducting a home at the commencement of this Act shall 
be  allowed  a  period  of  three  months  from  such  commencement  to  make  an  application  for  such 
certificate. 

15. Grant or refusal of certificate.―(1) On receipt of an application under section 14, the Board 
after making such inquiry as it considers necessary, may, by order in writing, either grant a certificate 
or refuse to grant it.  

(2)  No  order  refusing  to  grant  a  certificate  shall  be  made  until  an  opportunity  is  given  to  the 
applicant to be heard in the matter and where a certificate is refused, the grounds for such refusal shall 
be communicated to the applicant in the prescribed manner.  

(3) No fee shall be charged for the grant of a certificate. 

(4) A certificate shall not be transferable. 

16. Contents of certificate.―(1) The certificate shall specify― 

(a) the name and location of the recognised home; 

(b) the name of the manager thereof; 

(c)  the  nature  of  the  home,  whether  for  women  generally  or  for  widows  or  for  children 

generally or for orphans or for one or more of these classes; 

(d) the number of inmates to be taken by the home; 

(e)  the  minimum  standards  regarding  boarding,  lodging,  clothing,  sanitation,  health  and 
hygiene  which,  having  regard to  the  conditions  of  the  locality  in  which the recognised  home  is 
situated and its resources, should be complied with in the home; 

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(f) the standard of education or training to be provided for the inmates of the home, in case the 

education or training of its inmates is undertaken; and 

(g) such other conditions and particulars as may be prescribed:  

Provided that there shall be deemed to be included in the certificate granted in respect of a home 
for females a condition to the effect that the person incharge thereof, whether called superintendent or 
by any other name, shall ordinarily be a woman. 

(2) The Board shall not, ordinarily, permit any recognised home to admit as inmates, persons of 
different  sexes,  but  may  do  so  for  reasons  to  be  recorded  and  subject  to  such  conditions  and 
limitations as may appear to it to be in the public interest. 

(3) Without the previous written consent of the Board, no recognised home shall― 

(a) change its name or location as specified in the certificate in respect of it; or 

(b) alter the purpose of any service specified therein. 

17.  Revocation  of  certificate.―  (1) The  Board  may,  without  prejudice  to  any  other  penalty  to 
which  a  person  to  whom  a  certificate  has  been  granted  may  be  liable  under  this  Act,  revoke  the 
certificate― 

(a) if it is satisfied that the home is not being conducted in accordance with the conditions laid 

down in the certificate; or 

(b) the management of the home is being persistently carried on in an unsatisfactory manner 
or is being carried on in a manner highly prejudicial to the moral and physical well-being of the 
inmates; or 

(c)  the  home  has,  in  the  opinion  of  the  Board,  otherwise  rendered  itself  unsuitable  for  that 

purpose: 

Provided that no order of revocation shall be made under this sub-section until an opportunity 

is given to the person to show cause why the certificate should not be revoked;  

and  in  every  case  of  revocation,  the  grounds  therefor  shall  be  communicated  to  the  person  in  the 
prescribed manner.  

(2)  Where  a  certificate  in  respect  of  a  home  is  revoked  under  sub-section  (1),  such  home  shall 

cease to function― 

(a) where an appeal has not been preferred under section 18 against the order of revocation, 

immediately on the expiration of the period prescribed for such appeal; 

(b) where such appeal has been preferred, but the order of revocation is upheld, from the date 

of the appellate order. 

(3) On any home ceasing to function under sub-section (2), the Board may direct that any woman 

or child who is an inmate of such home shall be― 

(a) restored to the custody of her or his parent, husband or lawful guardian, as the case may 

be, or  

(b) transferred to another recognised home, or  

(c) entrusted to the care of any other fit person:  

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Provided that no woman shall be entrusted to the care of any person other than a woman. 

18. Appeals.―Any person aggrieved by an order of the Board refusing to grant a certificate or 
revoking  a  certificate  may,  in  such  manner  and  within  such  period  as  may  be  prescribed,  prefer  an 
appeal to the State Government or to such authority as may be specified by it against such refusal or 
revocation:  

Provided that the State Government or the authority so specified, as the case may be, may admit 
an appeal after the expiry of the period so prescribed, if it is satisfied that the applicant was prevented 
by sufficient cause from preferring the appeal in time. 

19. Surrender of certificate and its effect.―(1) The manager of a home, if specially authorised 
in this behalf by resolution of the managing committee, may, on giving six months' notice in writing 
to the Board of his intention so to do, apply for the withdrawal of the certificate granted in respect of 
that home and on the expiration of the said period from the date of notice, the certificate shall, unless 
before that time the notice is withdrawn, cease to have effect; and the home shall cease to function.  

(2)  No  woman  or  child  shall  be  received  into  any  such  home  after  the  date  of  such  notice;  but 
nothing in this section shall be construed to affect the obligation of the manager to comply with all  
the  requirements  of  this  Act  and  the  rules,  regulations,  directions  and  orders  thereunder  until  the 
certificate ceases to take effect under sub-section (1). 

CHAPTER IV 

MANAGEMENT OF RECOGNISED HOMES 

20.  Managing  committee.―(1)  There  shall  be  a  managing  committee  in  charge  of  the 
management of every recognised home and the members of the managing committee shall appoint a 
member thereof to be the manager of such home for the purposes of this Act.  

(2) The constitution, powers and functions of the managing committee and the term of office of 

the members thereof shall be such as may be provided in the constitution pertaining to such home. 

21. Duty of manager.―It shall be the duty of the manager to comply with all the requirements of 
this  Act  and  the  rules,  regulations,  directions  and  orders  thereunder  in  respect  of  every  woman  or 
child admitted into the recognised home until the woman is rehabilitated or the child completes the 
age of eighteen years or until the certificate ceases to have effect. 

22. 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. 

23. Reports regarding deaths of inmates.―The manager shall, immediately after the occurrence 
of any death among the inmates of the home, send a written report thereof to the Board explaining the 
cause of death to the best of his knowledge.  

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CHAPTER V  

MISCELLANEOUS 

24. Penalties.―Any person who fails to comply with any of the provisions of this Act or of any 
rule,  regulation,  direction  or  order  thereunder  or  any  of  the  conditions  of  a  certificate  shall  be 
punishable in the case of a first offence with imprisonment which may extend to three months or with 
fine which may extend to two hundred and fifty rupees or with both, and in the case of a second or 
subsequent  offence,  with  imprisonment  which  may  extend  to  six  months  or  with  fine  which  may 
extend to one thousand rupees or with both. 

25. Sanction for prosecutions.―No prosecution under this Act shall be instituted except with the 

previous sanction of the District Magistrate or the Chief Presidency Magistrate, as the case may be. 

26.  Persons  performing  functions  under  Act  to  be  public  servants.―The  members  of  the 
Board and every person empowered by the Board to exercise any of its powers under this Act shall be 
deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). 

27. Protection of acts done in good faith.―No suit, prosecution or other legal proceeding shall 
lie against any person who performs any function under this Act for anything done or intended to be 
done in good faith under this Act or any rule, regulation direction or order thereunder. 

28. Power  of  State  Government  to  exempt  homes.―(1)  If,  after consultation  with  the  Board, 
the State Government is satisfied that the circumstances in relation to any class of homes or any home 
are such that it is necessary or expedient so to do, it may, by notification in the Official Gazette, and 
for reasons to  be  specified  therein, exempt,  subject  to  such  conditions, restrictions  or limitations, if 
any,  as  it  may  think  fit  to  impose,  such  class  of  homes  or  home,  as  the  case  may  be,  from  the 
operation of all or any of the provisions of this Act or of any rule or regulation made thereunder. 

(2)  Every  notification  issued  under  this  section  granting  an  exemption  shall  be  reviewed  in 
consultation with the Board at intervals not exceeding two years, but nothing herein contained shall 
affect the power of the State Government to amend, vary or rescind any such notification at any time 
in consultation with the Board. 

29.  Power  of  State  Government  to  make  rules.―(1)  The  State  Government  may,  by 

notification in the Official Gazette, make rules to carry out the purposes of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may 

provide for all or any of the following matters, namely:― 

(a) all matters relating to, or in connection with, elections, to the Board under clause (b) of 

sub-section (2) of section 5 and the election of the Chairman; 

(b)  the  disqualifications  for  membership  of  the  Board  and  the  procedure  to  be  followed  in 

removing a member who is or becomes subject to any disqualification; 

(c) the funds of the Board; 

(d) the travelling and other allowances to be drawn by members of the Board; 

(e) the appointment of staff for enabling the Board to perform its functions efficiently under 

this Act and their recruitment and conditions of service; 

(f) the calling of returns and other information by the State Government from the Board and 

the managing committees; 

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(g) the form in which an application for certificate of recognition may be made, the particulars 
to be contained in such application and the form in which, and the conditions subject to which, 
such certificate may be granted; 

(h) the maintenance of registers and accounts by the Board and the audit of its accounts; 

(i) any other matter which is to be, or may be, prescribed. 

(3) All rules made under this Act shall, as soon as may be after they are made, be laid before the 

State Legislature. 

30. 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). 

31. Repeals and savings.―(1) As from the date of the coming into force in any State of this Act, 
the  Women's  and  Children's  Institutions  (Licensing)  Act,  1956  (105  of  1956),  or  any  other  Act 
corresponding to this Act in force in that State immediately before such commencement, shall stand 
repealed.  

(2)  Notwithstanding  such  repeal,  anything  done  or  any  action  taken  (including  any  direction 
given, any register or rule or order made or any restriction imposed) under the said Act shall, in so far 

10 

 
as  such  thing  or  action  is not  inconsistent  with  the  provisions  of  this  Act,  be  deemed  to  have  been 
done or taken under the provisions aforesaid, as if they were in force when such thing was done or 
such action was taken, and shall continue in force accordingly until superseded by anything done or 
any action taken under this Act. 

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