(1) This Act may be called the Bihar Supervisions of Orphanages and Widows Homes Act, 1954.

(2) It extends to the whole of the State of Bihar.

(3) It shall come into force on such date and in such areas as the State Government may, by notification appoint and different dates may be appointed for different areas.

In this Act, unless there is anything repugnant in the subject or context,

(a) Committee of Management means the Committee of Management constituted or deemed to be constituted under Section 9;

(b) District Magistrate includes any officer empowered in this behalf by the State Government to discharge all or any of the functions of the District Magistrate under this Act;

(c) licence means a licence granted under this Act;

(d) licensee means a person to whom a licence has been granted under Section 5;

(e) orphan means a boy or girl, under eighteen years of age, who has lost his or her father or has been abandoned or is not claimed by his or her parents or guardian;

(f) orphanage means a house, by whatever name it may be called, where orphans are kept, or intended to be kept, for care;

(g) Widow means a woman who has lost her husband by death and has not remarried;

(h) prescribed means prescribed by Rules made under this Act;

(i) widows home means an institution, by whatever name it may be called, where widows of female of any age are intended to be kept for care; and

(j) trust and trustee shall have the same meanings as are assigned to them respectively, under the Indian Trusts Act, 1882 (II of 1882)

Nothing in this Act shall apply to

(a) a reformatory school established and maintained by the State Government under the Reformatory Schools Act, 1897 (VIII of 1897); or

(b) any institution referred to in Section 9 or Section 15 of the Bihar Suppression of Immoral Traffic Act, 1947 (Bihar Act III of 1948); or

(c) any institution referred to as the Certified Home, Special Home or Work House in the Bihar Prevention of Beggary Act, 1951 (Bihar Act I of 1952); or

(d) any orphanage or widows' home established and maintained by the State Government.

No person shall, without or otherwise than in conformity with the conditions of, a licence granted under Section 5, open or maintain an orphanages or widows homes:

Provided that a person maintaining any orphanages or widows' homes at the commencement of this Act shall be a period of six months from such commencement to obtain such licence.

(1) Subject to the provisions of this Act and the Rules made thereunder, the District Magistrate may, on receipt of an application from any person in the prescribed form containing the prescribed particulars, grant to such person a licence in the prescribed form for opening and maintaining or, as the case may be, for maintaining, an orphanages or widows' home on such conditions as may be specified in the licence.

(2) Subject to the provisions of Sections 6 and 7, a licence shall remain in force for a period of three years from the date of its issue or renewal.

(3) A licence may be renewed, if an application for its renewal is made at least thirty days before the date of its expiration. Such renewal may be made for three years at a time.

(4) Every application for the grant or renewal of a licence shall be accompanied by such fee as may be prescribed.

(5) No licence shall be transferable.

(1) The District Magistrate may, for reasons to be recorded in writing at any time by an order served on a licensee cancel his licence with effect from a date specified in the order, if

(i) there is contravention of any provisions of this Act or any Rules made thereunder or of any condition subject to which the licence was granted or renewed, or

(ii) he is dissatisfied with the condition, management or superintendence of the orphanages or widows' home, and the orphanages or widows' home shall cease to function from the date specified in the order:

Provided that the District Magistrate may, instead of taking any action under this sub-section, make an order prohibiting the admission of any person into an orphanages or widows' home for such period as may be specified in the order.

(2) No action shall be taken under sub-section (1) without giving a reasonable opportunity to the licensee to show cause why the licence should not be cancelled or admission to the orphanages or widows' home prohibited:

Provided that in case a licensee is asked to show cause why the licence should not be cancelled, no person shall be admitted into such orphanages or widows' home until final orders are passed by the District Magistrate under sub-section (1).

(1) A licensee may give six months notice to the District Magistrate of his intention to close the orphanage or widows' home in respect of which the licence has been granted and, unless such notice is withdrawn by the licensee, the District Magistrate shall cancel the licence on the expiry of six months from the date of the notice, whereupon the orphanages or widows' home shall cease to function.

(2) No person shall be received into such orphanage or widows' home after the date of notice referred to in sub-section (1) and, if such notice is withdrawn, before the date of the withdrawal of such notice.

While passing any order for cancellation of a licence under Sections 6 or 7, the District Magistrate may pass such order as he think fit for the proper custody, including lodging and boarding of the inmates of the orphanage or widows' home concerned of for the transfer of such inmates to any other orphanage or widows' home in consultation with the Committee of Management of that orphanage or widows' home.

(1) For the control and management of every orphanage or widows' home, there shall be constituted a Committee of Managment:

Provided that in case there is a Committee of Management by whatever name it may be called, for an orphanage or widows' home at the date of the commencement of this Act, such Committee of Management shall be deemed to be the Committee of Management for such orphanage or widows' home for a period of one year from such date and before the expiry of that period a Committee of Management, which shall function immediately after such expiry, shall be constituted under this Section for such orphanage or widows' home:

Provided further that in case an orphanage or widows' home has been established under a trust and the administration of the trust is vested in the trustees or any committee or association appointed by the founder of the trust or by a competent Court or authority under any law for the time being in force, the trustees or such committee or association, as the case may be, shall be deemed to be the Committee of Management for such orphanage or widows' home:

Provided also that where the maintenance of the orphanage or widows' home is only one of the objects of the trust and the trustee, committee or association, as the case may be, has to manage also the affairs relating to the other objects of the trust, a separate Committee of Management shall be constituted under this Section, within a period of one year from the commencement of this Act, for the control and management of such orphanage or widows' home.

(2) The composition of the Committee of Management appointed under sub-section (1) and the term of office of members thereof shall be such as may be prescribed subject, in the case of an orphanage or widows' home established by a trust, to the terms of the trust.

(3) The Committee of Management shall have such powers and perform such functions as may be prescribed subject, in the case of an orphanage or widows' home established by a trust, to the term of the trust.

Notwithstanding any direction made by the founder of a trust or by a competent Court or authority under any law for the time being in force and subject to such Rules as may be made by the State Government in this behalf, the District Magistrate may by order

(1) remove any member of the Committee of Management and appoint another person to be a member in the vacancy caused by such removal; or

(2) dissolve the Committee of Management on and from such date as may be specified in the order and appoint another Committee of Management with effect from the same date:

Provided that no action shall be taken under clauses (1) and (2) without giving an opportunity to the member or to the Committee of Management, as the case may be, to show cause why such order should not be made:

Provided further that where a Committee of Management has been appointed by the founder of a trust or by a competent Court or authority, the District Magistrate shall not take any action under this Section without the previous sanction of the State Government who shall, in the case of a trust under the control of a Board established under the Bihar Religious Trust Act, 1950 (Bihar Act I of 1951), or under the control of a majlis established under the Bihar Waqfs Act, 1947 (Bihar Act VIII of 1948), consult the Board or majlis concerned before according such sanction.

Every licensee of an orphanage or widows' home shall make suitable arrangements for the training, lodging, clothing, feeding and education of the inmates thereof until they are rehabilitated, or in the case of an orphanage, an inmate attains the age of 18 years, or until the licence of the orphanage or widows' home is cancelled.

This District Magistrate may, after taking into consideration the accommodation available for the purpose, assign an orphan, or a widow or female of any age, to any orphanage or widows' home, as the case may be, or transfer an inmate of one orphanage or widows' home, as the case may be, or to another orphanage or widows' home.

If, at any time the Committee of Management is satisfied that an inmate of an orphanage or widows' home has become fit to earn for his or her living or is otherwise fit to be discharged from the orphanage or widows' home, it may discharge such inmate:

Provided that no female inmate of any orphanage or widows' home shall be discharged or given in marriage or entrusted to the charge of any person who claims himself to be her guardian, unless such female inmate has made a declaration before a Magistrate that she consents to such discharge, marriage or entrustment:

Provided further that in the case of a female inmate who is a minor, the prior approval of the District Magistrate shall in addition to such declaration, be necessary for such discharge, marriage or entrustment.

Within a fortnight of the occurrence of the death of any inmate or change in the personnel in immediate charge of the administration of any orphanage or widows' home, the licensee or the Committee of Management shall give written notice thereof to the District Magistrate, provided that the incident of a sudden death shall be reported immediately.

(1) Every orphanage or widows' home in respect of which a licence has been granted under Section 5 shall, at the interval of every six months, be inspected by the District Magistrate or any other officer of the State Government of Gazetted rank, other than a police officer, authorised in writing in this behalf by the District Magistrate; and the Committee of Management and the person in charge thereof shall be bound to afford every facility to the District Magistrate or the officer so authorised in carrying out the inspection. Such inspection shall relates to matters affecting the proper management of the orphanage or widows' home, including accounts, and a copy of the inspection report shall be forwarded by the District Magistrate to the Government through the Commissioner of the Division for such action as the State Government may think fit:

Provided that District Magistrate or any other officer authorised by him in this behalf shall have the right to enter and inspect any orphanage or widows' home at any time of the day or night, if he has reason to believe that the orphanage or widows' home is being maintained without a valid licence or is not being maintained in conformity with the conditions of a licence granted under the Act and the Committee of Management and the person in charge thereof shall not refuse such entry or inspection.

(2) The District Magistrate shall appoint for an orphanage or widows' home a Board of Visitor consisting of such number of women, which shall have the power to inspect the orphanage or widows' home on such dates and at such hours as may be fixed by the District Magistrate and the Committee of Management and the person in charge thereof shall be bound to afford every facility to the Board in carrying out the inspection including examination of any documents, registers or other papers relating to such orphanage or widows' home in the possession of the Committee of Management or person in charge thereof. A copy of the Board's inspection report shall be duly forwarded to the District Magistrate within a fortnight of the date of such inspection for such action as the District Magistrate may think fit:

Provided that such inspection may be carried out by any individual member of the Board if he is authorised by the Board to do so.

Any person aggrieved by an order of refusal to grant or renew a licence under Section 5 or by an order of cancellation of a licence or prohibition of admission under Section 6 may, within thirty days after the date of such order, and on payment of the prescribed fees, appeal to the Prescribed authority whose decision shall be final.

(1) Whoever contravenes any of the provisions of this Act or the Rules made thereunder, other than a contravention of the provisions of Section 13, shall, on conviction, be punished with fine which may extend to five hundred rupees in the case of a first offence, and with imprisonment for a period not exceeding six months in the case of a second or subsequent offence.

(2) Whoever contravenes any of provisions of Section 13 shall, on conviction, be punished with imprisonment for a term not exceeding one year.

No prosecution under this Act shall be instituted except with the previous sanction of the District Magistrate.

(1) The State Government may, after previous publication, make Rules, not inconsistent with the provisions of this Act, for carrying out the purposes of the 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 form in which a return shall be submitted at the commencement of every quarter to the District Magistrate by the person licensed to maintain an orphanage or widows' home;

(b) the form in which an application for a licence may be made and the particulars to be contained in such applications;

(c) the form of licence and the conditions to be specified therein;

(d) the constitution of the Committee of Management and the term of officer or the member of the Committee;

(e) the powers and functions of the Committee of Management;

(f) the number of members of the Board of Visitors of an orphanage or widows home;

(g) the conduct of business of the Committee of Management;

(h) the manner in which the accounts of an orphanage or widows' home shall be maintained and audited;

(i) the constitution of a reserve fund for an orphanage or widows' home;

(j) the maintenance of registers and statement by a licensee and the forms of such registers and statements;

(k) the manner in which inquiries shall be made under this Act by the District Magistrate;

(l) the authority to whom appeals shall be preferred, and the procedure to be followed in such appeals; and

(m) any other that may be, or is required to be, prescribed.

(3) All Rules made under this Section shall be laid for not less than fourteen days before the State Legislature as soon as possible after they are made shall be subject to such modifications as the State Legislature may make during the session in which they are so laid.

Notwithstanding anything contained in this Act, a local authority may frame rules and bye-laws prescribing standards of sanitation, health and hygiene for orphanage or widows' homes provided that such Rules and bye-laws are not inconsistent with the provisions of this Act.

1. Published in the Bihar Gazette, Extraordinary of the 27th August, 1957.