as introduced in lok sabha bill no 319 of  2016 the orphan child (provision of social security) bill, 2016 by shri vinod kumar boianapalli, mp a billto provide for social security and welfare measures to orphan children and for matters connected therewithbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—definitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "child" means a child who has not completed the age of eighteen years;5(c) "foster care home" means foster care home established under section 8; and(d) "orphan child" means a child who has been abondoned or has lost both parents or whose parents' identity is not known and includes a child who is not part of a family either natural or foster;(e) "prescribed" means prescribed by rules made under this act10 3 (1) the central government shall, in consultation with state governments, conduct and publish the survey of orphan children after every ten years alongwith census(2) the survey conducted under sub-section (1) shall include—centralgovernmentto conduct survey of orphan children(a) socio-economic status of orphan children;(b) data on the cause and effect of becoming orphans;15(c) demographic profile of orphan children; and(d) performance appraisal of existing orphan children welfare schemes and programmes 4 (1) the central government shall, within one year of the publication of the survey under section 3, formulate a national policy for the welfare of orphan children20national policy for welfare of orphan children(2) without prejudice to the generality of the foregoing provisions, the national policy referred to in sub-section (1) may provide for—(a) placing orphan children in a family setting either through reunion with their natural parents or relatives or through adoption by foster ones;25(b) establishment of a robust system of institutional care for orphan children who are unable to be reintegrated in a family setting;(c) evolution of a preventive approach to the phenomenon of children becoming orphans;(d) development of a tracking system for identification of families of abandoned children to facilitate reunification;30(e) development of psychological and other support system to prevent abandoning of children by parents due to poverty, deprivation and other such factors;(f) universalising the cradle baby reception centre scheme and its mandatory inclusion in every public health centre in the country;35(g) counselling facilities at the cradle baby reception centres to link parents to relevant welfare schemes;(h) simplification and reform of the adoption system by foster parents; (i) conducting awareness campaigns in high risk districts informing the parents about the governmental assistance;40(j) training and capacity building to health workers to cater to the complexpsychosocial needs of orphan children;(k) specialised attention to orphan children suffering from vulnerable diseaseslike hiv and other communicable diseases and to orphan children living in militancy and naxal affected areas;(l) post-institutional support to ensure education, skill training and livelihood toorphan children;(m) grants-in-aid to foster care homes and non-governmental organisationsworking for the orphan children;5(n) stringent monitoring of foster care institutions to prevent any kind of emotional,physical or sexual abuse of orphan children;(o) strict and swift punishment to child abusers in foster care institutions;10(p) issuance of single and multi-purpose 'orphan certificate' containing therein,if available, such information as date of birth, nativity, parental status and family surname to ensure enjoyment of legal rights, entitlements and benefits;(q) linkage of all orphan-related agencies such as cradle baby centres, adoptioncentres and foster care homes with authorities that issue orphan certificates;(r) promoting awareness about legal rights and entitlements of orphan children;and15(s) such other provisions as may be deemed necessary and expedient for carryingout the purposes of this act5 it shall be the duty of  the appropriate government to implement the national policy for welfare of orphan children formulated under section 4appropriate government to implement the national policy20constitution of an orphan children welfare fund6 (1) the central government shall, as soon as may be, by notification in the official gazette, constitute a fund to be known as the orphan children welfare fund for the purposes of this act with an initial corpus of rupees two thousand crores, to be provided by the central government, after due appropriation made by parliament by law in this behalf(2) the fund shall also include,—25(a) contributions made by the central government and state governments in such ratio, as may be prescribed;(b) money received by way of donations, contributions, assistance or otherwisefrom individuals, body corporates, domestic and foreign financial institutions30(3) the contributions to the fund by the private institutions shall be exempted from income tax and such institutions shall be provided such fiscal incentives by the central government, as may be prescribed(4) the fund shall be utilised for rehabilitation and welfare of orphan children in such manner as may be prescribed7 there shall be three per cent reservation in educational institutions and in posts and services under the central government for orphan childrenreservation in educational institutions and in posts and services358 (1) the appropriate government shall establish such number of foster care homesas may be necessary for the purposes of this actestablishment of foster care homes(2) the foster care homes established under sub-section (1) shall provide free of cost boarding and lodging and such other facilities to the orphan children as may be prescribed409 (1) the appropriate government shall designate a nodal officer in every district to ensure effective implementation of all the schemes and policies meant for welfare of orphan children;nodal officer to ensure welfare schemes in every district(2) every nodal officer shall submit to the appropriate government an annual report containing such details, as may be prescribed, of welfare measures provided to orphan children in the district(3) the appropriate government shall, if satisfied that schemes and policies are not being implemented properly, remove from the office, the nodal officer for dereliction of duty:provided that no criminal proceedings shall be initiated against the nodal officer who is removed from office5 10 the central government shall, after due appropriation made by parliament, by law in this behalf, provide adequate funds to the state governments for carrying out the purposes of this actcentral government to provide funds overriding effect of the act1011 the provisions of this act and rules made thereunder shall have effectnotwithstanding anything inconsistent therewith contained in any other law for the time being in force12 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in forceact not inderogation ofany other law power to make rules13 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act1520(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsat present there is no comprehensive legislation or policy that addresses the issues faced by orphan children in india as a result of this they face several difficulties the foremost difficulty in this regard is lack of identity this causes many problems in daily civic life and acts as a barrier to access public services and benefits of government schemes and entitlementsthe lack of identity proof touches upon a more fundamental issue regarding orphan children the present bill seeks to provide for formulation of a comprehensive legislation covering the needs of orphans, in general, but focuses primarily upon the needs of the orphan children who are at high risk of abuse, exploitation and neglect moreover, being a welfare state, it is obligatory upon the state to provide care, shelter and succor to this tender and helpless category of societyhence this billnew delhi;vinod kumar boianapalliaugust 7, 2015 ———— president's recommendation under articles 117(1) and 117(3) of the constitution of india[copy of letter no 31/117/2015-cw-i dated 31 october, 2016 from shrimati maneka sanjay gandhi, minister of  women and child development to the secretary general, lok sabha]the president, having been informed of the subject matter of orphan child(provision of social security) bill, 2016 by shri vinod kumar boianapalli, member of parliament, recommends to the hosue the introduction and the consideration of the bill under articles 117(1) and 117(3) of the constitution, respectively financial memorandumclause 3 of the bill provides for survey of orphan children clause 4 provides for formulation of a national policy for the welfare of orphan children clause 6 provides for constitution of an orphan children welfare fund clause 8 provides for establishment of foster care homes to provide free food, lodging and other requisite amenities to orphans clause 10 provides that the central government shall provide adequate funds to the state governments for carrying out the purposes of the act the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a sum of rupees two thousand crore would be involved as recurring expenditure per annuma non-recurring expenditure of about rupees twenty thousand crore is also likely to be involved memorandum  regarding  delegated  legislationclause 13 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules to be made relate to matters of detail only, the delegation of legislative power is of a normal character lok  sabha———— a billto provide for social security and welfare measures to orphan children and for matters connected therewith————(shri vinod kumar boianapalli, mp)gmgipmrnd—2385ls(s3)—05-12-2016