24. Penalties.―Any person who fails to comply with any of the provisions of this Act or of any
rule, regulation, direction or order thereunder or any of the conditions of a certificate shall be
punishable in the case of a first offence with imprisonment which may extend to three months or with
fine which may extend to two hundred and fifty rupees or with both, and in the case of a second or
subsequent offence, with imprisonment which may extend to six months or with fine which may
extend to one thousand rupees or with both.
25. Sanction for prosecutions.―No prosecution under this Act shall be instituted except with the
previous sanction of the District Magistrate or the Chief Presidency Magistrate, as the case may be.
26. Persons performing functions under Act to be public servants.―The members of the
Board 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 Indian Penal Code (45 of 1860).
27. Protection of acts done in good faith.―No suit, prosecution or other legal proceeding shall
lie against any person who performs any function under this Act for anything done or intended to be
done in good faith under this Act or any rule, regulation direction or order thereunder.
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28. Power of State Government to exempt homes.―(1) If, after consultation with the Board,
the State Government is satisfied that the circumstances in relation to any class of homes or any home
are such that it is necessary or expedient so to do, it may, by notification in the Official Gazette, and
for reasons to be specified therein, exempt, subject to such conditions, restrictions or limitations, if
any, as it may think fit to impose, such class of homes or home, as the case may be, from the
operation of all or any of the provisions of this Act or of any rule or regulation made thereunder.
(2) Every notification issued under this section granting an exemption shall be reviewed in
consultation with the Board at intervals not exceeding two years, but nothing herein contained shall
affect the power of the State Government to amend, vary or rescind any such notification at any time
in consultation with the Board.
29. Power of State Government to make rules.―(1) The State Government may, by
notification in the Official Gazette, make rules to carry out the purposes 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) all matters relating to, or in connection with, elections, to the Board under clause (b) of
sub-section (2) of section 5 and the election of the Chairman;
(b) the disqualifications for membership of the Board and the procedure to be followed in
removing a member who is or becomes subject to any disqualification;
(c) the funds of the Board;
(d) the travelling and other allowances to be drawn by members of the Board;
(e) the appointment of staff for enabling the Board to perform its functions efficiently under
this Act and their recruitment and conditions of service;
(f) the calling of returns and other information by the State Government from the Board and
the managing committees;
(g) the form in which an application for certificate of recognition may be made, the particulars
to be contained in such application and the form in which, and the conditions subject to which,
such certificate may be granted;
(h) the maintenance of registers and accounts by the Board and the audit of its accounts;
(i) any other matter which is to be, or may be, prescribed.
(3) All rules made under this Act shall, as soon as may be after they are made, be laid before the
State Legislature.
30. Power of the Board to make regulations.―(1) The Board may, with the previous approval
of the State Government, by notification in the Official Gazette, make regulations not inconsistent
with this Act and the rules made thereunder, for enabling it to perform its functions under this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations
may provide for all or any of the following matters, namely:―
(a) the time and place of the meetings of the Board, the procedure to be followed in regard to
the transaction of business at such meetings and the quorum necessary for the transaction of
business at such meetings;
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(b) the maintenance of the minutes of meetings of the Board and the transmission of copies
thereof to the State Government;
(c) the appointment of sub-committees and local committees and of persons by the Board for
the purpose of assisting it in performing its functions under this Act;
(d) the supervision and control of the management of recognised homes;
(e) the inspection of homes;
(f) the calling of returns and other information by the Board from managing committees;
(g) the reception, care, treatment, maintenance, protection, training, welfare, instruction,
control and discipline of inmates in recognised homes;
(h) visits to, and communication with, inmates of recognised homes and the grant of
permission to such inmates to absent themselves for short periods;
(i) the discharge of inmates from recognised homes, their transfer from one recognised home
to another and the reports to be sent by managers to the Board;
(j) any other matter in respect of which provision is, in the opinion of the Board, necessary for
the efficient supervision and control of homes.
(3) The State Government may, by notification in the Official Gazette, amend, vary or rescind any
regulation which it has approved; and thereupon the regulation shall have effect accordingly, but
without prejudice to the exercise of the powers of the Board under sub-section (1).
31. Repeals and savings.―(1) As from the date of the coming into force in any State of this Act,
the Women's and Children's Institutions (Licensing) Act, 1956 (105 of 1956), or any other Act
corresponding to this Act in force in that State immediately before such commencement, shall stand
repealed.
(2) Notwithstanding such repeal, anything done or any action taken (including any direction
given, any register or rule or order made or any restriction imposed) under the said Act shall, in so far
as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been
done or taken under the provisions aforesaid, as if they were in force when such thing was done or
such action was taken, and shall continue in force accordingly until superseded by anything done or
any action taken under this Act.