Section 17 of The Orphanages and other Charitable Homes (Supervision and Control) Act, 1960
- (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: Provided that no woman shall be entrusted to the care of any person other than a woman.
Summary
- The Board can cancel a home's certificate if it breaks rules, is badly managed, harms the inmates, or becomes unsuitable.
- Before canceling the certificate, the Board must give the person a chance to explain why it shouldn't be canceled.
- If canceled, the home must close down when the appeal period ends, or immediately if they lose their appeal.
- When a home closes, the Board decides where the inmates go (returned to family, moved to another home, or given to a fit person).
- Female inmates can only be placed under the care of another female.
Practical examples
FAQ
1. Can the Board shut down my home without warning?
No, they must give you an opportunity to show cause why the certificate should not be revoked before making the order.
2. What happens if the management is just really bad but not abusive?
The Board can still revoke the certificate if management is persistently carried on in an unsatisfactory manner.
3. If the home is closed, what happens to the people living there?
The Board will direct them to be returned to their family, transferred to another recognized home, or entrusted to a fit person.
4. Can a female inmate be sent to live with a male foster carer?
No, the law strictly says no woman shall be entrusted to the care of any person other than a woman.
Test yourself
Q1.Under Section 17 of The Orphanages and other Charitable Homes (Supervision and Control) Act, 1960, which of the following is a valid ground for the Board to revoke a certificate?
Q2.Under Section 17 of The Orphanages and other Charitable Homes (Supervision and Control) Act, 1960, what procedural step is mandatory before the Board can order the revocation of a certificate?
Q3.Under Section 17 of The Orphanages and other Charitable Homes (Supervision and Control) Act, 1960, if a certificate is revoked and the manager DOES NOT prefer an appeal under Section 18, when does the home legally cease to function?
Q4.Under Section 17 of The Orphanages and other Charitable Homes (Supervision and Control) Act, 1960, if a certificate is revoked and the manager DOES prefer an appeal under Section 18, but the revocation is upheld by the appellate authority, when does the home cease to function?
Q5.Under Section 17 of The Orphanages and other Charitable Homes (Supervision and Control) Act, 1960, when a home ceases to function and inmates must be entrusted to the care of fit persons, what restriction applies regarding women inmates?