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.
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:
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
(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.
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
(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.