NORTH WEST FRONTIER PROVINCE ORPHANAGES (SUPERVISION AND CONTROL) ACT, 1976.

THE NORTH WEST FRONTIER PROVINCE ORPHANAGES (SUPERVISION AND CONTROL) ACT, 1976.
[Dated the 16th October. 1976]
N.-W. F. P., ACT. No. XIV OF 1976.
AN
ACT.
to provide for the establishment of a Board to supervise and
regulate the working and control of orphanages in the
North-West Frontier Province.

Preamble

WHEREAS it is expedient to establishment a Board to supervise and regulate the working and control of orphanages in the North-West Frontier Province;

It is hereby enacted as follows :—

Short title, extent and commencement.

1.         (1) This Art may 1* called the North-West Frontier Province Orphanages (Supervision and Control) Act, 1976.

(2) It extends to the whole of the North- West Frontier Province.
(3) It shall come into force on such date as Government may, by notification in the official Gazette, appoint in this behalf.

Definitions

2.         In this Act, unless the context otherwise requires : —

(a)     "Agency" means voluntary Social Welfare Agency registered under the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961:
(b)     "Board" means a Board established under section 3;
(c)     "budget" means the official statement of annual income and expenditure of the Board:
(d)    "Chairman" means the Chairman of the Board;
(e)     "Government" means the Government of the North- West Frontier Province.
(f)     "Fund" means the North- West Frontier Province Orphanages Fund created under section 10;
(g)     "licensee" means a person or agency to whom a licence has been issued under this Act;

            (h)    "Licensing Authority" means the Director, Social Welfare North-West Frontier Province, or any other person appointed or nominated by him to be the licensing authority for the purpose of this Act;
            (i)     "member" means a member of the Board;
            (j)     "orphan" means any child under the age of eighteen years:—
                     (i)    who has lost one or both the parents and has no adequate source of income; or
                     (ii)   who has parents who are destitute; or
                     (iii)  who 1ms been deserted by his parents; or
                     (iv)  whose parents are not known;
            (k)    "orphanage" means a building, structure or enclosure or any other place used for receiving, maintaining and looking after orphans:
            (l)     "prescribed" means prescribed by rules made under this Act;
            (m)   "rules" mean the rules made under this Act;
            (n)    "Secretary" means the Secretary of the Board;
            (o)    "Section" means a section of this Act;
            (p)    "Vice-Chairman" means the Vice-Chairman of the Board.

3.         (1) There shall be established a Board to be called the North-West Frontier Province, Orphanages Supervision and Control Board for carrying out the purpose of this Act.

Establishment and incorporation of the Board.

 (2) The Board shall be a body corporate, having perpetual succession and a common seal with powers, subject to the provisions of this Act, to acquire and hold property, both movable and immovable, and may, by the said name, sue and be sued.
(3) The Headquarters of the Board shall be at Peshawar or such other place as Government may fix by notification in the official Gazette.

4.         (1) The Board shall consist of a Chairman, a Vice-Chairman and such other members as Government may, from time to time, appoint.

Constitution of the Board

 (2) The Minister for Social Welfare and the Secretary, Social Welfare Department, shall respectively by the Chairman and the Vice-Chairman of the Board.
(3) The Board may co-opt non-official members, not exceeding two preferably from amongst philanthropists.

(4) A non-official member shall hold office for a period of three years, unless he resigns by addressing a letter to the Chairman or is removed earlier, for reasons to be recorded in writing by the Board.
(5) A casual vacancy in the office of a non-official member shall be filled in accordance with sub-section (1) and sub-section(2) and the member appointed in such vacancy shall hold office for the un-expired portion of the
(6) An official member" appointed by virtue of his office shall cease to be member on vacating his office.

Chief Executive of the Board	5.         (1) The Chairman shall be the Chief Executive of the Board.             (2) The Vice-Chairman shall in the absence of the Chairman, exercise power and perform functions of the Chairman.
Temporary vacancy of secretary	6.         If the Secretary for any reason is temporarily unable to perform is duties, the- Chairman may appoint a Deputy Director of Social Welfare or any other officer act as Secretary in his absence;
Decision meeting of the Board	7.         (1) Any matter required to be decided by the Board shall be decided in a meeting of the; Board by vote ;of majority 'Of the members present in such meeting.

(2) The meetings of the Board shall be presided over by the Chairman.
(3) Each member shall have one vote; provided that in case of tie, the Chairman shall exercise the casting vote.
(4) One-third of the total members shall form a quorum for a and fraction shall count as a whole.
(5) No act or proceeding of the B6ard shall be invalid merely by reason of any vacancy in the Board or defect in its constitution.
(6) The Board, shall meet at such place and time and in such manner as may be prescribed.
Provided that until rules are framed, the meetings of the Board shall be held in which manner and at such place as the Chairman may consider fit.

Officers and employees of the Board

8.         (1) The Board may, for the purpose of efficient performance of its functions of exercise of .its powers, appoint such officers and other employees as it may consider necessary, on such terms and conditions and possessing such qualifications as may be prescribed:

(Provided that the terms and conditions of service under this section shall be fixed in accordance with terms and conditions of service applicable to Government Servants.
(2) The Board may, pending framing 6F the rules, appoint any employee on adhoc basis on such terms and conditions as it may determine.

(3) The officers and staff appointed under sub-sections (1) and (2).
            (a)     may be assigned such duties and power by the Board as it may deem fit;
            (b)    shall, unless otherwise directed by the Chairman or the Board, work under the control and supervision of the Secretary;
            (c)     shall be subject to such disciplinary action as may be prescribed
(4) The Chairman, members and all other employees of the Board shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code.

9.         (1) The Board may, be special or general order and subject to such conditions as it may impose, delegate any of its powers, functions and duties to the Chairman or Vice-Chairman or a member or the Secretary or its any other officer or employee.

Delegation of Powers

(2) The Chairman may delegate any of his, powers to the Vice-Chairman.

10.       (1) There shall be a separate Fund of the Board known as the North-West Frontier Province, Orphanages Fund.     -

Fund

(2) The Fund shall consist of:—
            (a)     grant made by Government;
            (b)    all moneys collected through zakat, fitra, donations charities and other contributions;
            (c)     all moneys received or collected under this Act, as fee;
            (d)    all moneys received from the Federal Government, any International Agency or other donor Agency; and
            (e)     income according from investments of or interest on moneys of the Fund.
(3) The amounts, credited in the Fund shall be deposited in a Schedule Bank approved by the Board.
(4) The Board may invest its Fund in any security of the Federal Government or a Provincial Government or any other security approved by the Board.
(5) The Board may obtain loan from Government or any Bank on such terms and conditions as may be specified by Government.

11.       (1) The Board may utilize the Fund for:—             (a)     meeting charges in connection with its functions under this Act including salaries and other allowances to officers and employees of the Boar3;

Utilization of Fund

(b)     repayment of loans and interest thereon;
(c)     other expenses required for carrying out the purposes of this act (i)
1[Provided that the portion of the fund consisting of Zakat and Fitra shall be utilized strictly in accordance with the injunctions of the Holy Quran and the Sunnah].
(2) The Board may fix the limit upto which the Chairman and the Secretary shall have the power to draw from the Fund, hold in their custody and spend.

Budget

12.       (1) The Board shall prepare statement of estimated receipts and expenditure for every financial year and submit such statement to Government for approval not Jess than three months before commencement of each financial year.

(2) Government may sanction the budget submitted under subsection (1), with or without modification as it may deem fit.
(3) If the budget duly sanctioned by Government is not received before the commencement of the financial year, it shall be deemed to have been sanctioned by Government.
(4) The Board shall not, except with the prior approval of Government, incur expenditure in excess of the sanctioned budget.

Accounts and Audit

13.       (1) The accounts of the Board shall be maintained and audited in such manner as may be prescribed.

(2) .A statement of the accounts duly audited under sub-section (1) shall be placed before the Board for its scrutiny and a copy of the statement shall be furnished to Government as soon as may be after the end of every financial year.

Functions of the Board

14.       (1) Subject to general or special directions of Government, the Board shall—

(a)     formulate general policy regarding institutions which receive orphans throughout the Province;
(b)     determine the standard of care to be given to orphans in such institutions;
(c)     advise the management of orphanages in running the orphanages on modern and scientific lines;
(d)    exercise close supervision on the institutions and ensure that, they conform to the standard of care set for them;

1.   Inserted by N.W.F.P. Act No. II of 1985, s. 2 read with schedule.

            (e)     formulate and suggest to Government suitable legislation relating to orphans and recommended amendments in existing laws, if necessary;
            (f)     review the present system of registration of orphanages and suggest ways and means to streamline it;
            (g)    do every other thing which is conducive to the improvement of orphanages;
            (h)    perform such other functions as may be assigned to it by Government.
(2) The Board may—
            (a)     take such measures and exercise such powers as may be necessary for carrying out to purposes of this Act;
            (b)    incur any expenditure for carrying out the purposes of the Act.

15.       No orphanage shall be established or continued except in accordance with the provisions of this Act.

Prohibition to establish or continue an orphanage without a licence.

16.       (1) Any person or agency intending to establish an orphanage and any person or agency intending that an orphanage already in existence should be continued as such, shall, in the form and on payment of such fes as may be prescribed, make an application to the Licensing Authority, indicating if the orphanage for which licence is required is for males or females and the application shall be accompanied by such documents as may be prescribed.

Application for licence

(2) The Licensing Authority may, on receipt of the application, make, such enquiries as it considers necessary, and either grant the application, or for reasons to be recorded in writing, reject it.
(3) If the Licensing Authority grants the application, it shall issue, in the prescribed form, a licence to the applicant.
(4) The Licensing Authority shall maintain a Register, Containing such particulars as may be prescribed, of licences issued under sub-section (3).

17.       (1) An orphanage not in "existence on the coming into force of this Act shall be established only after a licence has been issued under sub-section (3) of section 16.

Establishment and continuance of orphanage

(2) A,n orphanage already in existence shall not be continued for more that two months from the date on which this Apt, comes into force, unices an application for a licence has, within thirty days of such date, been made under sub-section (1) of section 16.
(3) Where an application as mentioned in sub-section (2) has been made in respect of an existing orphanage and such application is rejected, then, notwithstanding the period of two months provided in suhrsection (2), the orphanage may be continued for a period of thirty days from the date on which the application is rejected, or if an appeal is preferred under section 19, until such appeal is dimissed.

Renewal of Licence.	18.       Licence issued under section 16 shall be valid for a period of two years which may, on application, be renewed by the Licensing Authority without fee for a further period not exceeding two years.
Appeal	19.       If the Licensing Authority rejects an application for issuing or renewing a licence, the applicant may, within thirty days from the date of the order of the Licensing Authority, prefer an appeal to Government, and the order passed by Government shall be final and given effect to by the Licensing Authority;

1[Provided that Government shall not pass any order or appeal without giving the applicant an opportunity of being heard].

Orphanages for males and females.

20.       There shall be separate orphanages for males and females.

Suspension and cancellation of licence

21.       (1) If at any time the Licensing Authority has reasons to believe that the management of an orphanage has been responsible for any irregularity in respect of its funds or for any mal-administration in the conduct of its affairs or has failed to comply with the provision of this Act or the rules made thereunder or any term or condition of the licence, it may, after giving such opportunity to the management of being heard as it thinks fit, by order in writing, suspend or cancel the licence.

(2) Every order of suspension or cancellation under sub-section (1) shall be placed by the Licensing Authority before the Board, which may confirm or set aside the order of the Licensing Authority.
(3) On the cancellation or suspension of a licence, the Board may make such orders and take such action with respect to the orphanage whose licence has been cancelled or suspended, as may appear to it to be necessary.

Medical examination of orphans	22.       The licence shall, within seven days of his admission into the orphanage, have orphan medically examined by a registered doctor and thereafter at least once a year and maintain record of such medical examination in the prescribed form.
Maintenance and inspection of accounts	23.       (1) The licensee shall maintain or cause to be maintained accounts of income and expenditure of the orphanage in the prescribed manner.

(2) The Board or any person authorised by it may insepect the accounts of an orphanage and issue such directions as it or may deem necessary and the licensee shall carry out such direction.
(3) The licensee shall, whenever required, produce or cause to be produced record and accounts maintained by him before the Board or the Licensing Authority or its nominee.

1.   Inserted by N.W.F.P. Act Act No. .13 of 1985, s 2 read with Schedule.

24.       The licensee shall in no circumstance allow or cause an orphan admitted into an orphanage to beg for alms or solicit for donations or subscription in any way or form; nor shall such an orphan be made or permitted to act in any manner incompatible with human dignity.	Prevention of begging
25.       Whoever contravenes any provision of this Act shall be punished with rigorous imprisonment for a term which shall not be less than one year and not more than three years and with fine which may extend to two thousand rupees.	Penalties
26.       Nothing in this Act shall apply to any orphanage established or managed by Government.	Exemption
27.       (1) Subject to the provisions of this Act the Board may, with the approval of Government, make rules for carrying out the purposes of this Act.	Power to make rules

(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 meeting of the Board;
            (b)    the terms and conditions of service of employees of the Board;
            (c)     the powers and duties of the Chairman, Vice-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 and the fee that may be charged therefor;
            (f)     the form of making reports medical examination and admission of orphans.

28.       The West Pakistan Control of Orphanages Act, 1958, and the North-West Frontier Province, Orphanages (Supervision and Control) Ordinance, 1976 (N.-W. F. P., Ordinance No. XIII of 1976), are hereby.

Repeat