Section 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. STATE AMENDMENT
Maharashtra
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].