C O N T E N T S
1. Short title, extent and commencement.
3. Establishment of the Board.
4. Membership of the Board.
5. Temporary vacancies.
6. Notification of Chairman and nominated members.
7. Meeting of the Board.
8. Employees of the Board.
9. Functionaries of the Board to be public servants.
10. Delegation of powers.
12. Custody, audit and operation of fund.
13. Functions of the Board.
14. Prohibition to establish or continue a children home without a license.
15. Separate children homes for males and females.
16. Issue of a licence.
17. Renewal, suspension or cancellation of licence.
19. Medical Examination of orphans.
20. Prevention of begging.
22. Maintenance and Inspection of accounts.
24. Power to make rules.
PUNJAB SUPERVISION AND CONTROL OF CHILDREN HOMES ACT, 1976
(Pb Act XVI of 1976)
16 November 1976
An Act to provide for the establishment of a
Board to supervise and regulate the working and control of Children Homes in the Punjab
Preamble : — WHEREAS it is expedient to establish a Board to supervise and regulate the working and control of Children Homes in the Punjab;
It is hereby enacted as follows : —
1. Short title, extent and commencement : — (1) This Act may be called the Punjab Supervision and Control of Children Homes Act, 1976.
(2) It extends to the whole of the Punjab.
(3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint in this behalf.
2. Definitions : — In this Act, unless the context otherwise requires : —
(a) “Board” means a Board constituted under Section 3 of this Act;
(b) “Chairman” means the Chairman of the Board;
(c) “Children Home” means a building, structure or enclosure or any institution or part thereof which is used for the reception, maintenance and care of orphans;
(d) “Government” means the Government of the Punjab;
(e) “Governing Body” means a person or group of persons responsible for the management and control of a Children Home;
(f) “Licencing Authority” means the Director-General, Social Welfare Punjab or any other officer appointed or nominated by him to be a Licencing Authority for the purposes of this Act;
(g) “member” means a member of the Board;
(h) “orphan” means any child under the age of eighteen years who : —
(i) has lost his parents or one of the parents and has no adequate source of income; or
(ii) is unclaimed; or
(iii) has parents who are destitutes or who has been deserted by his parents;
(i) “prescribed” means prescribed by rules;
(j) “Secretary” means the Secretary of the Board;
(k) “rules” means the rules made under this Act; and
(l) “Voluntary Social Welfare Agency” means an organisation, association or undertaking established by a person or group of persons for rendering welfare services and depending for its resources on public subscriptions, donations or Government aid and registered under the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961.
3. Establishment of the Board : — As soon as may be, after the commencement of this Act, Government shall, by notification in the official Gazette, establish a Board to be called “the Punjab Board for the Supervision and Control of Children Homes.”
4. Membership of the Board : — (1) The Board shall consist of a following : —
(a) Minister Incharge of Social Welfare Department, who shall be the Chairman of the Board;
(b) Secretary to Government of the Punjab, Social Welfare and Zakat Department, who shall be the Vice-Chairman;
(c) Secretary to Government of the Punjab, Education Department;
(d) Secretary to Government of the Punjab, Labour Department;
(e) Secretary to Government of the Punjab, Finance Department;
(f) Chairman, Punjab Social Services Board;
(g) Eight members including at least 4 women members to be nominated by the Governor from amongst Members of the Provincial Assembly or Federal Council/Provincial Council, as the case may be;
(h) A nominee of the Chamber of Commerce to be nominated by the Chairman;
(i) Five prominent social workers to be nominated by the Chairman; and
(j) Director-General, Social Welfare, Punjab, who shall be the ex-officio Secretary of the Board.
5. Temporary vacancies : — (1) If for any reason, the Chairman becomes unable to perform his duties temporarily, Government shall nominate any other member to act as Chairman till such time the Chairman resumes his duties.
(2) In case office of the Secretary falls temporarily vacant, the Government may nominate any other member of the Board to perform the duties of the Secretary during the subsistence of that vacancy.
6. Notification of Chairman and nominated members : — The nomination of the Chairman and members shall be notified in the official Gazette.
7. Meeting of the Board : — The meetings of the Board shall be held at such time and place and in accordance with such procedure as may be prescribed:
Provided that until rules are made, the meetings of the Board shall be convened and conducted by the Chairman at such times and in such manner as he may consider fit.
8. Employees of the Board : — The Board may, for the purposes of efficient performance of its functions or exercise of its powers, appoint such employees as it may consider necessary on such terms and conditions as may be prescribed:
Provided that such terms and conditions shall be fixed in accordance with such directions as the Government may, in case of its own employees, issue from time to time:
Provided further that until rules are framed, the Board may appoint employees on adhoc basis on such terms and conditions as it may deem fit.
9. Functionaries of the Board to be public servants : — The members of the Board, its employees 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 Pakistan Penal Code.
10. Delegation of powers : — (1) The Board may delegate to the Chairman or to any of its members or employees all or any of its powers under this Act or the rules made thereunder.
(2) The Board may constitute various committees consisting of members of the Board and may delegate such powers and functions to them as it may deem necessary.
11. Fund : — (1) There shall be a fund of the Board called the Punjab Children Homes Fund.
(2) The fund shall consist of : —
(a) all money received by the Board from the Government, Federal Government or any other agency;
(b) all money collected through zakat, fitra, donations, charities and other contributions;
(c) all money received or collected under this Act as fee, etc; and
(d) all money raised by the Board from the banks or any other agency as loans:
Provided that Zakat shall be spent in accordance with the Injunctions of the Holy Qur’an and the Sunnah of the Holy Prophet as enunciated in the Zakat and Ushr Ordinance, 1980 (XVIII of 1980) or any other law for the time being in force and fitra shall be spent in accordance with the said Injunctions.
12. Custody, audit and operation of fund : — The fund shall be : —
(i) kept in any Scheduled Bank in the manner prescribed;
(ii) operated by the Secretary under the directions of the Chairman; and
(iii) subject to inspection and audit in the manner prescribed.
13. Functions of the Board : — The functions of the Board shall be : —
(a) to formulate policies with regard to the objectives of the Board;
(b) to plan, coordinate, integrate, evaluate and encourage welfare services for orphans in the Punjab;
(c) to supervise and regulate the working of Children Homes by giving them professional, technical and financial assistance;
(d) to perform any other functions entrusted to it by or under any law;
(e) to control the raising and utilization of funds by executive body of Children Homes and to arrange for their audit;
(f) to raise the educational and moral standard in the Children Homes;
(g) to introduce industrial and technical training for the orphans; and
(h) to arrange the scholarships for higher education of the orphans.
14. Prohibition to establish or continue a children home without a license : — No person or a voluntary social welfare agency shall establish or continue a Children Home except under a licence issued by the Licensing Authority:
Provided that a person or a voluntary social welfare agency continuing a Children Home on the date of commencement of this Act may obtain a licence within thirty days of the said date:
Provided further that all the orphanages existing on the date of commencement of this Act shall be called as Children Homes.
15. Separate children homes for males and females : — (1) There shall be separate Children Homes for males and females.
(2) A person or a voluntary social welfare agency applying for a licence to run a Children Home shall mention in the application whether the Children Home for which the licence is required, is male or female Children Home.
16. Issue of a licence : — On receipt of an application for issue of a licence in the prescribed form along with a fee at the rate of Rs.50 per Children Home, the Licensing Authority shall hold inquiry to find justification for the opening or continuance of a Children Home and may issue a licence on such terms and conditions as may be prescribed:
Provided that no male person shall be issued a licence for running a Children Home for female orphans.
17. Renewal, suspension or cancellation of licence : — A licence issued under section 16, : —
(i) shall be valid for a period of two years from the date of its issue;
(ii) may when an application is made on the prescribed form within a week of the date of expiry of the licence be renewed by the Licencing Authority without fee for a further period not exceeding two years at a time; and
(iii) may after giving the licencee an opportunity of being heard, be suspended or cancelled by the Licencing Authority, if there is contravention of any of the provisions of this Act or any breach of the conditions of the licence.
18. Appeal : — Any person aggrieved by an order under sections 16 and 17 may prefer an appeal to the Government within sixty days from the date of such order, and the decision of Government thereon shall be final:
Provided that no order under this section shall be passed unless the person to be affected thereby is given an opportunity of being heard.
19. Medical Examination of orphans : — The Governing body of a Children Home shall have every orphan admitted into the Children Home medically examined within seven days of such admission and thereafter shall have to continue such practice once a year and keep a record to this effect in the prescribed form.
20. Prevention of begging : — The Governing body of a Children Home shall in no circumstance allow or cause an orphan admitted into a Children Home to beg for alms or solicit for donations or subscriptions in any way or form; nor shall such an orphan be made or permitted to act in any manner incompatible with human dignity.
21. Penalties : — Whoever contravenes any provision of this Act shall be punished with rigorous imprisonment for a term which may extend to three years but which shall not be less than one year or with fine which may extend to two thousand rupees, or with both.
22. Maintenance and Inspection of accounts : — (1) The Governing body of a Children home shall maintain or cause to be maintained accounts of income and expenditure of the Children Home in the manner prescribed.
(2) The Board or any person authorised by it in this behalf may inspect the accounts of a Children Home and issue such Directions as it may deem necessary and the Governing Body shall carry out such directions.
(3) The Governing Body of a Children Home shall be bound to produce or cause to be produced its record before the Board or the Licensing Authority or its nominee as and when required.
23. Exemption : — Nothing in this Act shall apply to any Children Home established or managed by Government.
24. Power to make rules : — (1) Subject to the provisions of this Act and with the approval of the Government the Board may make rules, for the purpose of carrying into effect the provisions 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) the procedure to be followed at the meetings of the Board;
(b) the terms and conditions of service of the employees of the Board;
(c) the powers and duties of the Chairman, Secretary and the members of the Board;
(d) the form of application for issue or renewal of licences;
(e) the form and conditions on which licences may be issued;
(f) the form of making reports of medical examination and admission of orphans; and
(g) any other matter which may be considered necessary for carrying out the purposes of this Act.
25. Repeal : — The West Pakistan Control of Orphanages Act, 1958 in its application to the Province of the Punjab is hereby repealed.