WOMEN'S AND CHILDREN'S INSTITUTIONS (LICENSING) ACT, 1956 THE WOMEN'S AND CHILDREN'S INSTITUTIONS (LICENSING) ACT, 1956 [Act, No. 105 of 1956] [30th December, 1956] An Act to provide for the licensing of institutions for women and children and for matters incidental thereto. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows: (1) This Act may be called The Women's and Children's Institutions (Licensing) Act, 1956. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint. In this Act, unless the context otherwise requires,— (a) "child" means a boy or girl who has not completed the age of eighteen years; (b) "institution" means an institution established and maintained for the reception, care, protection and welfare of women or children; (c) "licensing authority" means the State Government or such officer or authority as may be prescribed; (d) "prescribed" means prescribed by rules made by the State Government under this Act; (e) "woman" means a female who has completed the age of eighteen years. After the commencement of this Act, no person shall establish or maintain an institution except under and in accordance with the conditions of a licence granted under this Act. Every person desiring to establish an institution shall make an application to the licensing authority in such form and containing such particulars as may be prescribed ; Provided that a person maintaining an institution at the commencement of this Act shall be allowed a period of three months from such commencement to make an application for a licence. (1) On receipt of an application under section 4, the licensing authority, after making such inquiry as it considers necessary, shall, by order in writing either grant the licence or refuse to grant it. (2) Where licence is refused, the grounds for such refusal shall be communicated to the applicant in the prescribed manner. (3) A licence, unless sooner revoked, shall remain in force for such period as may be specified in the licence and may, on application made in this behalf sixty days before the date of its expiration, be renewed for such period as the licensing authority may deem proper: Provided that a licence may be renewed on an application made within sixty days before the date of its expiration if the licensing authority is satisfied that there was sufficient cause for not making the application earlier. (4) Every licence granted under this Act shall be in the prescribed form and shall be subject to such conditions as may be prescribed : Provided that any such condition may require that the management of an institution shall wherever practicable, be entrusted to women. (5) No fee shall be charged for the grant of a licence under this Act. A licence granted under this Act shall not be transferable. (1) Where any person to whom a licence has been granted under this Act, or any agent or a servant of such person commits a breach of any of the conditions thereof, or any of the provisions-of this Act, or any of the rules made there under, or where the licensing authority is not satisfied with the condition, management or superintendence of an institution, the licensing authority may, without prejudice to any other penalty which may have been incurred under this Act, for reasons to be recorded, revoke the licence by order in writing. Provided that no such order shall be made until an opportunity is given to the holder of the licence to show cause why the licence should not be revoked. (2) Where a licence in respect of an institution has been revoked under the foregoing sub-section, such institution shall cease to function from the date of such revocation : Provided that where an appeal lies under section 8 against the order of revocation, such institution shall cease to function- (a) where no such appeal has been preferred, immediately on the expiration of the period prescribed for the filing of such appeal; (b) where such appeal has been preferred but the order of revocation has been upheld, from the date of the appellate order. (3) On the revocation of a licence in respect of an institution, the licensing authority may direct that any woman or child who is an inmate of such institution on the date of such revocation shall be- (a) restored to the custody of her or his parent, husband or lawful guardian, as the case may be; or (b) transferred to another institution. (1) Where the licensing authority is other than the State Government, any person aggrieved by an order of the licensing authority refusing to grant a licence or revoking a licence, may within such period as may be prescribed, prefer an appeal to the State Government against such refusal or revocation. (2) The order of the State Government on such appeal and subject only to such order, the order of the licensing authority shall be final. Any person who contravenes any of the provisions of this Act or of any rule made thereunder, or any of the conditions of a licence shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both. Nothing in this Act shall apply to- (a) hostels, or boarding houses attached to, or controlled or recognised by educational institutions; or (b) any protective home established under the Suppression of Immoral Traffic in Women and Girls Act, 1956. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for— (a) the form of application for licence and the particulars to be contained therein; (b) the form of licence and the conditions subject to which such licence may be granted; (c) the management of institutions; (d) the reception, care, protection and welfare of women and children in institutions, including alt matters relating to their diet, clothing, accommodation, training and general conduct; (e) the inspection of institutions; (f) the maintenance of registers and account and submission of returns and audit of such accounts; (g) the discharge from institutions of women and children and their transfer from one institution to another; (h) the manner of filing appeals under this Act and the time within which such appeals shall be filed; (i) the manner of service of orders and notices under this Act; (j) any oilier matter which is to be or may be prescribed. (1) As from the date of commencement in any State of this Act, any State Act corresponding to this Act in force in that State immediately before such commencement shall stand repealed. (2) Notwithstanding the repeal by this Act of any State Act referred to in sub-section (1), anything done or any action taken (including any direction given, any register, rule or order made or any restriction imposed) under the provisions of such State Act shall 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 of this Act as if the said provisions 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. Explanation.- In this section, the expression "State Act" includes a "Provincial Act". Repealing Act 1 - ORPHANAGES AND OTHER CHARITABLE HOMES (SUPERVISION AND CONTROL) ACT, 1960 THEORPHANAGES AND OTHER CHARITABLE HOMES(SUPERVISION AND CONTROL) ACT, 1960 [Act,No. 10 of 1960] [9th April, 1960] An Act to provide for the supervision and control of orphanages, homes forneglected women orchildren and other like institutions and for matters connected therewith. 1. Short title, extent and commencement (1) This Act may be called The Orphanages and OtherCharitable Homes (Supervision and Control) Act, 1960. (2) It extends to the whole of India except the State ofJammu and Kashmir. (3) It shall come into force in a State on such date"as the State Government may, by notification in the Official Gazette, appoint. 2. Definitions In this Act, unless thecontext otherwise requires,-- (a) "Board" means the Board of Control establishedunder section 5; (b) "Certificate" means the certificate of recognition granted under section15; (c) "child" means a boy or girl who has not completed the age ofeighteen years; (d) "home" means an institution, whether called an orphanage, a homefor neglected women or children, a widows' home, or by any other name, maintained or intended to be maintained for the reception, care, protection and welfare of womenor children; (e) "manager" means a member of the managingcommittee appointed as such by the committee under section 20 (f) "managingcommittee" means the committee of management referred to in section 20; (g) "recognisedhome" means a home in respect of whicha certificate has been granted; (h) "prescribed" means prescribed by rules made underthisAct; (i) "woman" means a female who has completed the age of eighteen years. 3. Act not to apply to certain institutions Nothing in this Act shallapply to-- (a) any hostel or boardinghouse attached to, or controlled or recognised by an educational institution;or (b) any protective homeestablished under the Suppression of Immoral Traffic in Women and Girls Act,1956; or (c) any reformatory, certifiedor other school, or any home or workhouse, governed by any enactment for thetime being in force. 4. Effect of Act on instruments governing recognised homes The provisions of this Actshall have effect notwithstanding anything inconsistent therewith contained inany instrument governing a recognised home. 5. Board of Control, its constitution, etc (1) The State Government may, bynotification in the Official Gazette, establish a Board of Control for thesupervision and control of homes in the State. (2) The Board shall consist of thefollowing members, namely :-- (a) three members of the StateLegislature to be elected by the members thereof; provided that where the StateLegislature consists of two Houses, two members shall be elected by the membersof the Legislative Assembly from among themselves and one member shall beelected by the members of the Legislative Council from among themselves; (b) five members of the managingcommittees 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 socialwelfare work in the State, to be nominated by the State Government; (d) six members to be nominated bythe State Government, of whom not more than one shall be a member of Parliamentfrom the State and not less than three shall be women. (3) If for any reason the officerreferred to in clause (c) of sub-section (2) is unable to attend any meeting ofthe Board, he may depute any officer subordinate to him to attend such meeting. (4) The Chairman of the Board shallbe elected by the members of the Board from among themselves : Provided that at the time of thefirst constitution of the Board, one of the members of the Board shall benominated by the State Government to be its Chairman. 6. Term of office and casual vacancies (1) Save as otherwise provided inthis section, the term of office of a member of the Board shall be five yearsfrom the date of his election or nomination or until his successor has beenduly elected or nominated, whichever is longer : Provided that the term of office of amember elected under clause (a) or clause (b) of subsection (2) of section 5,or of a member of Parliament nominated under clause (d) of sub-section (2) ofsection 5 shall come to an end as soon as he ceases to be a member of the Houseof the State Legislature which elected him, the managing committee orParliament, as the case may be. (2) A member may at any time resignhis office by giving notice in writing to the State Government and on suchresignation being notified in the Official Gazette by that Government, the seatof such member shall become vacant. (3) A casual vacancy in the Boardshall be filled by fresh election or nomination, as the case may be; and the termof office of a member elected or nominated to fill such vacancy shall be theremainder of the term of the member in whose place he is elected or nominated. (4) Members of the Board shall beeligible for re-election or re-nomination. (5) No act done or proceeding takenby the Board shall be questioned on the ground merely of the existence of anyvacancy in, or defect in the constitution of, the Board. 7. Functions of the Board (1) It shall be the duly of the Boardto supervise and control generally all matters relating to the management ofhomes in accordance with the provisions of this Act; and exercise such otherpowers and perform such other functions as may be prescribed by or under thisAct. (2) In the performance of itsfunctions under this Act, the Board shall be bound by such directions as theStale 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 asit thinks fit for the efficient management of the home and the manager shallcomply with such directions. 9. Power of inspection Any member of the Board, or anyOfficer of the Board authorised in writing by it in this behalf, by general orspecial order, may enter at all reasonable times any home for the purpose ofascertaining whether the provisions of this Act or of any rules, regulations,directions or orders thereunder are being complied with and may require theproduction, for his inspection, of any document, book, register or record kepttherein and ask for any information relating to the working of the home : Provided that no such member orofficer shall enter any home or part thereof where there are females, except inthe presence of two respectable women of the locality. 10. Funds of the Board The funds of the Board shall consistof-- (a) contributions, subscriptions,donations or bequests made to it by any person; and (b) grants made to it by the StateGovernment or any local or other public body. 11. Staff of the Board Subject to such rules as may be madeby the State Government in this behalf, the Board may, for the purpose ofenabling it to perform efficiently its functions or exercise its powers underthis Act, appoint such officers or other employees as it may think fit anddetermine their functions and conditions of service. 12. Delegation of powers Subject to the control of the StateGovernment, the Board may, by general or special order in writing and subjectto 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 itspowers and functions under this Act, as it may deem necessary, for theefficient carrying on of its administration. 13. Homes not to be run without certificate After thecommencement of this Act, no person shall maintain or conduct any home except under,and in accordance with, the conditions of a certificate of recognition grantedunder this Act. 14. Application for certificate Every persondesiring to maintain or conduct a home shall make an application for acertificate of recognition to the Board in such form and containing suchparticulars as may be prescribed : Provided that aperson maintaining or conducting a home at the commencement of this Act shallbe allowed a period of three months from such commencement to make anapplication for such certificate. 15. Grant or refusal of certificate (1) On receipt ofan application under section 14, the Board, after making such inquiry as itconsiders necessary, may, by order in writing, either grant a certificate orrefuse to grant it. (2) No orderrefusing to grant a certificate shall, be made until an opportunity is given tothe applicant to be heard in the matter and where a certificate is refused, thegrounds for such refusal shall be communicated to the applicant in theprescribed manner. (3) No fee shallbe charged for the grant of a certificate. (4) A certificateshall not be transferable. 16. Contents of certificate (1) Thecertificate shall specify— (a) the name andlocation of the recognised home; (b) the name ofthe manager thereof; (c) the nature ofthe home, whether for women generally or for widows or for children generallyor for orphans or for one or more of these classes; (d) the number ofinmates to be taken by the home; (e) the minimumstandards regarding boarding, lodging, clothing, sanitation, health and hygienewhich, having regard to the conditions of the locality in which the recognisedhome is situated and its resources should be complied with in the home; (f) the standardof education or training to be provided for the inmates of the home, in casethe education or training of its inmates is undertaken; and (g) such otherconditions and particulars as may be prescribed : Provided thatthere shall be deemed to be included in the certificate granted in respect of ahome for females a condition to the effect that the person in charge thereof,whether called superintendent or by any other name, shall ordinarily be awoman. (2) The Boardshall not, ordinarily, permit any recognised home to admit as inmates, personsof different sexes, but may do so for reasons to be recorded and subject tosuch conditions and limitations as may appear to it to be in the publicinterest. (3) Without theprevious written consent of the Board, no recognised home shall— (a) change itsname or location as specified in the certificate in respect of it; or (b) alter thepurpose of any service specified therein. 17. Revocation of certificate (1) The Board may,without prejudice to any other penalty to which a person to whom a certificatehas been granted may be liable under this Act, revoke the certificate— (a) if it issatisfied that the home is not being conducted in accordance with theconditions laid down in the certificate; or (b) the managementof the home is being persistently carried on in an unsatisfactory manner or isbeing carried on in a manner highly prejudicial to the moral and physicalwell-being of the inmates; or (c) the home has,in the opinion of the Board, otherwise rendered itself unsuitable for thatpurpose : Provided that noorder of revocation shall be made under this sub-section until an opportunityis given to the person to show cause why the certificate should not be revoked; and in every caseof revocation, the grounds therefor shall be communicated to the person in theprescribed manner. (2) Where acertificate in respect of a home is revoked under sub-section (1), such homeshall cease to function— (a) where anappeal has not been preferred under section 18 against the order of revocation,immediately on the expiration of the period prescribed for such appeal; (b) where suchappeal has been preferred, but the order of revocation is upheld from the dateof the appellate order. (3) On any homeceasing to function under sub-section (2), the Board may direct that any womanor child who is an inmate of such home shall be— (a) restored tothe custody of her or his parent, husband or lawful guardian, as the case maybe, or (b) transferred toanother recognised home; or (c) entrusted tothe care of any other fit person : Provided that nowoman shall be entrusted to the care of any person other than a woman. 18. Appeals Any personaggrieved by an order of the Board refusing to grant a certificate or revokinga certificate may, in such manner and within such period as may be prescribed,prefer an appeal to the State Government or to such authority as may bespecified by it against such refusal or revocation : Provided that theState Government or the authority so specified, as the case may be, may admitan appeal after the expiry of the period so prescribed, if it is satisfied thatthe applicant was prevented by sufficient cause from preferring the appeal intime. 19. Surrender of certificate and its effect (1) The manager ofa home, if specially authorised in this behalf by resolution of the managingcommittee, may, on giving six months' notice in writing to the Board of hisintention so to do, apply for the withdrawal of the certificate granted inrespect of that home and on the expiration of the said period from the date ofnotice, the certificate shall, unless before that time the notice is withdrawn,cease to have effect; and the home shall cease to function. (2) No woman orchild shall be received into any such home after the dale of such notice; butnothing in this section shall be construed to affect the obligation of themanager to comply with all the requirements of this Act and the rules,regulations, directions and orders thereunder until the certificate ceases totake effect under sub-section (1). 20. Managing Committee (1) There shall be a managingcommittee in charge of the management of every recognised Home and the membersof the managing committee shall appoint a member thereof to be the manager ofsuch home for the purpose of this Act. (2) The constitution, powers andfunctions of the managing committee and the term of office of the membersthereof shall be such as may be provided in the constitution pertaining to suchhome. 21. Duty of manager It shall be the duty of the managerto comply with all the requirements of this Act and the rules, regulations,directions and orders thereunder in respect of every woman or child admittedinto the recognised home until the woman is rehabilitated or the childcompletes the age of eighteen years or until the certificate ceases to haveeffect. 22. Discharge of inmates of home (1) Subject to the regulations, ifany, made by the Board, if the managing committee of a home is satisfied thatan inmate of the home has become fit to earn his or her livelihood or isotherwise fit to be discharged from the home, the manager may discharge such inmate. (2) Notwithstanding anythingcontained in sub-section (1), no female inmate of a home shall be discharged orgiven in marriage or entrusted to the care of any other person unless suchfemale has made a declaration before the Board or an officer specified by it inthis behalf that she consents to such discharge, marriage or entrustment, asthe case may be, and, if the inmate to be given in marriage is a minor, unlessthe Board or officer, as the case may be, has, after recording the reasons inwriting, given its or his approval thereto. 23. Reports regarding deaths of inmates The manager shall, immediately afterthe occurrence of any death among the inmates of the home, send a writtenreport thereof to the Board explaining the cause of death to the best of hisknowledge. 24. Penalties Any person who fails to comply with anyof the provisions of this Act or of any rule, regulation, direction or orderthereunder or any of the conditions of a certificate shall be punishable in thecase of a first offence with imprisonment which may extend to three months orwith fine which may extend to two hundred and fifty rupees or with both, and inthe case of a second or subsequent offence, with imprisonment which may extendto six months or with fine which may extend to one thousand rupees or withboth. 25. Sanction for prosecutions No prosecution under this Act shallbe instituted except with the previous sanction of the District Magistrate orthe Chief Presidency Magistrate, as the case may be. 26. Persons performing functions under Act to be public servants The members of the Board and everyperson empowered by the Board to exercise any of its powers under this Actshall be deemed to be public servants within the meaning of section 21 of theIndian Penal Code. 27. Protection to acts done in good faith No suit, prosecution or other legalproceeding shall lie against any person who performs any function under thisAct for anything done or intended to be done in good faith under this Act orany rule, regulation, direction or order thereunder. 28. Power of State Government to exempt homes (1) If, after consultation with theBoard, the State Government is satisfied that the circumstances in relation toany class of homes or any home are such that it is necessary or expedient so todo, it may, by notification in the Official Gazette, and for reasons to bespecified therein, exempt, subject to such conditions, restrictions orlimitations, if any, as it may think fit to impose, such class of homes orhome, as the case may be, from the operation of all or any of the provisions ofthis Act or of any rule or regulation made thereunder. (2) Every notification issued underthis section granting an exemption shall be reviewed in consultation with theBoard at intervals not exceeding two years, but nothing herein contained shallaffect the power of the State Government to amend, vary or rescind any suchnotification at any time in consultation with the Board. 29. Power of State Government to make rules (1) The State Government may, bynotification in the Official Gazette, make rules to carry out the purposes ofthis Act. (2) In particular, and withoutprejudice to the generality of the foregoing power, such rules may provide forall or any of the following matters, namely :-- (a) all matters relating to, or inconnection with elections to the Board under clause (b) of subsection (2) ofsection 5 and the election of the Chairman; (b) the disqualifications formembership of the Board and the procedure to be followed in removing a memberwho is or becomes subject to any disqualification; (c) the funds of the Board; (d) the travelling and otherallowances to be drawn by members of the Board; (e) the appointment of staff forenabling the Board to perform its functions efficiently under this Act andtheir recruitment and conditions of service; (f) the calling of returns and otherinformation by the State Government from the Board and the managing committees; (g) the form in which an applicationfor certificate of recognition may be made, the particulars to be contained insuch application and the form in which and the conditions subject to which,such certificate may be granted; (h) the maintenance of registers andaccounts 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 Actshall, as soon as may be after they are made, be laid before the StateLegislature. 30. Power of the Board to make regulations (1) The Board may, with the previousapproval of the State Government, by notification in the Official Gazette, makeregulations not inconsistent with this Act and the rules made thereunder, forenabling it to perform its functions under this Act. (2) In particular, and withoutprejudice to the generality of the foregoing power, such regulations mayprovide for all or any of the following matters namely :-- (a) the time and place of themeetings of the Board, the procedure to be followed in regard to the transactionof business at such meetings and the quorum necessary for the transaction ofbusiness at such meetings; (b) the maintenance of the minutes ofmeetings of the Board and the transmission of copies thereof to the StateGovernment; (c) the appointment of sub-committeesand local committees and of persons by the Board for the purpose of assistingit in peforming its functions under this Act; (d) the supervision and control ofthe management of recognised homes; (e) the inspection of homes; (f) the calling of returns and otherinformation by the Board from managing committees; (g) the reception, care, treatment,maintenance, protection, training, welfare, instruction, control and disciplineof inmates in recognised homes; (h) visits to, and communication with,inmates of recognised homes and the grant of permission to such inmates toabsent themselves for short periods; (i) the discharge of inmates fromrecognised homes, their transfer from one recognised home to another and thereports to be sent by managers to the Board; (j) any other matter in respect ofwhich provision is, in the opinion of the Board, necessary for the efficientsupervision and control of homes. (3) The State Government may, bynotification in the Official Gazette, amend, vary or rescind any regulationwhich it has approved; and thereupon the regulation shall have effectaccordingly, but without prejudice to the exercise of the powers of the Boardunder sub-section (1). 31. Repeal and savings (1) As from the date of the cominginto force in any State[1]of this Act, the Women's and Children'sInstitutions (Licensing) Act, 1956,[2] or any other Act correspondingto this Act in force in that State immediately before such commencement, shallstand repealed. (2) Notwithstanding such repeal,anything done or any action taken (including any direction given, any registeror rule or order made or any restriction imposed) under the said Act shall,insofar as such thing or action is not inconsistent with the provisions of thisAct, be deemed to have been done or taken under the provisions aforesaid, as ifthey were in force when such thing was done or such action was taken, and shallcontinue in force accordingly until superseded by anything done or any actiontaken under this Act.
Preamble 1 - WOMEN'S AND CHILDREN'S INSTITUTIONS (LICENSING) ACT, 1956PREAMBLE
PREAMBLE
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