Andhra Pradesh Women and Children's institutions (Licensing) Rules, 2010

{
    "id": 14867,
    "slug": "andhra-pradesh-women-and-children-s-institutions-licensing-rules-2010",
    "title": "Andhra Pradesh Women and Children's institutions (Licensing) Rules, 2010",
    "short_title": "Andhra Pradesh Women and Children's institutions (Licensing) Rules, 2010",
    "act_number": "Published vide Notification No. G.O. Ms. No. 30, D",
    "act_year": 2010,
    "act_type": "STATE",
    "location": "Andhra Pradesh",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Andhra Pradesh Women and Children's institutions (Licensing) Rules, 2010",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and Commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) 'Act' means the Women's and Children's institutions (Licensing) Act, 1956 (Central Act No. 105 of 1956);\n(b) 'Licensing Authority' means the authority headed by District Collector at district level, for the institutions functioning within the district and the committee headed by Director, WD & CW for those functioning in more than one district or as may be declared by Government from time to time.\n(c) 'Form' means the form appended to the rules; and as placed on the web-site:\n(d) 'Orphan' means a boy or a girl whose parents have died or an abandoned child whose parentage is not known.\n(e) Registration for issue of License: 'License' means the certificate of recognition/certification granted under Rule 3.\n(f) 'Child' means a boy or girl who has not completed the age of 18 years;\n(g) 'Institution' means an organization or a body whether it is called an orphanage or hostel or a home for neglected women or children, widows home, working women's hostel or by any other name, maintained or intended to be maintained for reception or care or protection or welfare of women or children; or service providers providing services as helpline/counselling/for tracing missing children etc., or with such facility, even if for a single child or woman who is not excluded under the exemption clause of the Act, including such institutions run by NGOs/CSOs/Trusts/Individuals/private persons/ organizations etc., for commercial gain or otherwise.\n(ii) Words and expressions used in these rules but not defined shall have the same meaning assigned to them in the Act.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Grant of License.",
            "chapter": null,
            "content": "(ii) All residential care institutions for children, which obtain license under these rules are deemed to be registered under section 34 (3) of J.J. Act. And thereafter, shall obtain certification as Observation Homes U/s 8(2); as Special Home U/s 9(2); as Children Home U/s 34(2); and recognition as Specialised Adoption Agency U/s 41(4); as Shelter Home U/s 37; and as After Care Organization U/s 44 as per the procedures laid down in the JJ Act and Rules notified from time to time. Further, the Government institutions already functioning under the JJ Act are deemed to have obtained license under these rules.\n(iii) All institutions which obtain License as per process under the Rules herein will be deemed to have been certified/registered/recognized as case may be, under Section 8(2); Section 9(2); Section 34 (2,3); Section 37(1); Section 41(4); Section 44(a) of J.J. Act 2000 and Rules issued there under.\n(iv) Every Institution functioning for the welfare/ care of Women/Children or providing services or facility whether for commercial gain or otherwise i.e., on \"no-profit and no-loss\" basis or for a charitable purpose etc shall obtain license from the date of commencement of these rules.\n(iv) (a) \"Licensing authority\" for an institution in a district shall be a committee, consisting of District Collector, Superintendent of Police concerned with Project Director, District Women & Child Development Agency as convener.\n(b) \"Licensing authority\" for Institutions with branches or presence in more than one district shall be the Director, Women Development & Child Welfare Department, Hyderabad.\n(c) On receipt of the application along with Child Development Project Officer report and its enclosures duly recommended by the Project Director, District Women and Child Development Agency, the licensing authority shall satisfy himself, if required, by arranging/field inspections etc., and based on such reports of Child Development Project Officer and its own enquiry, download the license and grant the same as mentioned in Form - II, within 20 days of receipt of report.\n(d) The Licensing authority after making such an in quiry, by an order in writing, refuse to grant a license.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Conditions for establishing/maintaining of Institution/facility /service or proposing an establishment of institution/facility/service.",
            "chapter": null,
            "content": "(b) All Institutions for reception/care/protection/welfare of Women & Children shall ensure : -\n(i) Suitable accommodation in secured premises with proper protection, with basic facilities, access to education, vocational training, periodic medical check-up and follow up thereon, counselling, amenities with hygienic and sanitary conditions including potable water, quality of which should be got certified by the laboratories (notified by Government) once in every year.\n(ii) Age prescribed calorific diet, proteins and calories including local foods/local seasonal vegetables/fruits to the residents, with menu displayed in institution.\n(iii) Required specialist treatment and therapy to Disabled children by specialist institutions, preferably Government institutions.\n(iv) Home committees of women/children to encourage the participation and to respect the opinion of the residents of the institution with a redressel mechanism to sort out the problems of all residents in a speedy and systematic manner.\n(c) Strict adherence to instructions, guidelines and minimum standards of care or standard operating procedures as may be prescribed by Government, Director, Women Development & Child Welfare Department, authorities concerned and the Licensing authority.\n(d) The Directors/Office bearers/Trustees/ Board Members/ Office bearer/ invitees and staff of the institution shall be mentally sound and shall not have/had any criminal record or involved in any offence/ plead guilty of an offence involving moral turpitude/ financial fraud.\n(e) Objectives of institution, details of name, address, occupation, qualifications of the individuals and in case of Association, that of the Directors/Board Members and staff/employees working in the institution, shall be displayed on their website duly updating the same every year, in such manner as may be prescribed by Government/Licensing authority.\n(f) Whenever the institution finds a child/person whose family back ground is not known, or such a child/person is brought to their institution, they shall report the same to the nearest police station (if the Child/Person is brought to them by the persons other than the police) and shall also enter the details in the \"missing and found persons\" website at http://missingperson.ap.nic.in and inform the concerned in such manner as may be directed by the Government/Licensing Authority. If any child/person goes missing from their institution, they shall report the same to the concerned Police Station, and shall enter the same on the website of \"Missing & found persons\" at http://missingperson.ap.nic.in.\n(g) Any other institution or organization having a database/ information about missing and found persons shall also enter the same in http://missingperson.ap.nic.in website.\n(h) Victims of Trafficking are received only by licensed/ recognized institutions for such victims such as Swadhar / Ujjwala Home or protection home meant for such trafficked victims and minor trafficked victims by institutions notified for such trafficked minor victims.\n(i) Rights and entitlements of stakeholders i.e., Women/ Children under various schemes/statutory provisions are protected and ensured at all times.\n(j) Person in charge of an institution meant for women/ girls whether called Superintendent or by any other name, shall be a woman only.\n(k) Without the previous written consent of the Licensing Authority, the institution/service provider shall not;\n(i) Change its name or location as specified in the certificate. However, for reason to be justified, location change of the organization, should be intimated to the Licensing Authority within 30 days.\n(ii) Alter the purpose or objective or activities or any service of Institution specified in the license.\n(l) Updated report on residents/beneficiaries shall be provided to licensing authority starting with Application for License in Form-IA with only changes to be reported at http://missingperson.ap.nic.in in Form-I-B for every six months thereafter and in such manner as prescribed by Government or licensing authority.\n(m) Whenever a foreign national is visiting the home or institution, the particulars about him or her shall be intimated to the respective District Collector along with the copy of his/her passport under intimation to Head of the Department concerned.\n(n) A volunteer from NGO/ Organization may be allowed to work in the home/institution by the local Project Director, District Women and Child Development Agency.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Application for License.",
            "chapter": null,
            "content": "(a) Make an online application for license at http://missingperson.ap.nic.in to the Child Development Project Officer concerned under intimation to District Project Director in the Form-I along with particulars as required.\n(b) Upload photographs and all documents as required.\n(c) Make available all Originals to Child Development Project Officer at the time of enquiry for verification. Provided that a person maintaining an Institution or providing a facility or service at the commencement of this Act / Rules shall, within a period of three months from such commencement, make an application for such license.\n(ii) Verification of the application:\n(a) On receipt of the application for license, the Child Development Project Officer concerned shall inspect the institution and verify the original documents and submit online report to the Project Director, District Women & Child Development Agency.\n(b) The CDPO shall download the copy of the application, visit the institution and verify the following:\n(1) Objectives, antecedents and activities of the applicant/management and in case of an Association, the office bearers of the managing committee/governing body, particulars of governing body and the staff of Institution copy of Annual report, copy of Annual audited accounts, list of residents and particulars of facilities as reported in application and as mentioned in Form-I.\n(2) All other conditions prescribed under rule 4.\n(3) If the CDPO on verification finds any discrepancy/ inadequacy in the information/ details submitted by the organization/management of the home, she shall return the application to the person/officer responsible of the home for rectification and re-submission.\n(c) Child Development Project Officer shall update the application on online with her findings and send the hard copy duly attested, to the Project Director concerned within 30 days of receipt of the application.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Validity of License.",
            "chapter": null,
            "content": "(b) For well established institutions adhering to all conditions and minimum standards of care as prescribed by Government / License Authority from time to time, the license may be granted for the period up to 10 years depending on the reputation and record of institution concerned.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. License not Transferable.",
            "chapter": null,
            "content": "(b) Any change in governing body/executive committee/ Management body should invariably be intimated to licensing authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Power of the Licensing Authority.",
            "chapter": null,
            "content": "(b) Delegation of powers: - Subject to the control/directions of the State Government, the Licensing authority may, by general or special order in writing and subject to such conditions and limitations, as may be specified therein, delegate to any senior Officer/staff such of its powers and functions under this Act, as it may deem necessary, for the efficient carrying on of its administration.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Revocation of License.",
            "chapter": null,
            "content": "(a) if it is satisfied that the institution is not being conducted in accordance with the conditions laid down in the rules or the license;\n(b) the management of the institution is being persistently carried on in an unsatisfactory manner or is being carried on in a manner highly prejudicial to the moral/physical/mental well being of the inmates;\n(c) the institution has in the opinion of the Licensing Authority, otherwise rendered itself unsuitable for the purpose;\n(d) If there is any instance of neglect/abuse/exploitation of the inmates, by the staff or any other person.\n(e) If complete and correct information is not provided, as prescribed by Government or licensing authority.\n(f) If information of \"missing\" or \"found person\" is not provided on website and to the concerned as prescribed.\n(g) If there is any violation of minimum standards of care and protection or guidelines as prescribed by Government and licensing authority from time to time.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Appeals.",
            "chapter": null,
            "content": "(ii) The order of the State Government on such appeal shall be final.\n(iii)Serving of notices to the aggrieved Person/NGO by the Licensing Authority shall be as per the provisions of the Code of Civil Procedure 1908.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Cessation of Institution/Service Provider.",
            "chapter": null,
            "content": "(a) Where a certificate in respect of a home is revoked under Rule 9.\n(b) Where an appeal has not been preferred under Rule 10 against the order of revocation, immediately on the expiration of the period prescribed for such appeal;\n(c) Where such appeal has been preferred but the order of revocation is upheld, from the date of the appellate order.\n(ii) When any institution ceases to function under Rule 9 or Rule 10 or 16, the Licensing Authority may direct that any woman or child who is an inmate of such home shall be-\n(a) Restored to the custody of her or his parent, husband or lawful guardian, as the case may be, provided the licensing authority satisfies itself of proper protection and care of such person and person to be restored is willing for such restoration or\n(b) transferred to another Licensed home or\n(c) entrusted to the care of any other suitable person:\n(iii) Revocation/ cancellation of license shall entail blacklisting of the Institution for a minimum period of 5 years. The Institution/Service provider will become ineligible for funds from State Government/Government of India/etc., apart from action as may be warranted under other statutes/law.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Issue of Duplicate license.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Renewal of License.",
            "chapter": null,
            "content": "(b) The Licensing authority, if required, by causing/ facilitating visits, shall satisfy itself that all conditions/standards prescribed have been adhered to and may grant renewal for a minimum period of 3 years.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Penalty.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Inspection.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Surrender of license and its effect.",
            "chapter": null,
            "content": "(ii) No woman or child shall be received into any such institution after the date of such notice; but nothing in this rule shall be construed to affect the obligation of the Chief functionary to comply with all the requirements of this Act and the rules, regulations, directions and orders thereunder until the license ceases to take effect under rule 11.\n(iii) The Children or Women/residents/stakeholders of such institution shall be admitted to similar institutions with the approval of the licensing authority or his representative.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Discharge of inmates of institutions.",
            "chapter": null,
            "content": "(ii) Notwithstanding anything contained in sub-rule (i), no female inmate of an institution shall be discharged or given in marriage or entrusted to the care of any other person unless such female has made a declaration before the licensing authority or officer specified by it in this behalf, that she consents to such discharge, marriage or entrustment, as the case may be.\n(iii)Based on the Pre-Discharge Enquiry Report (Form-III), the Discharge order (Form-IV) shall be issued.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Reports regarding deaths of inmates.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Protection of acts done in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. General Rules.",
            "chapter": null,
            "content": "(ii) The State Government or \"Andhra Pradesh Society for Protection and Empowerment of Women and Children\" or a body as authorized shall monitor and evaluate the implementation of the Act/Rules annually, by reviewing matters/causing inspections or by arranging Social audit of the institution or service provider or facility concerned.\n(iii) The Government/Director, Women Development & Child Welfare shall make available the online programme with Forms, duly modifying the same, as and when required, in partnership with NIC, Government of India.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 10th September, 2019 [ap425]",
        "Act Number": "Published vide Notification No. G.O. Ms. No. 30, Department for Women, Children, Disabled & Senior Citizens, dated 27.06.2011",
        "Enactment Date": "",
        "Act Year": "2010",
        "Short Title": "Andhra Pradesh Women and Children's institutions (Licensing) Rules, 2010",
        "Type": "STATE",
        "Location": "Andhra Pradesh"
    },
    "updated_at": "2026-09-29 21:55:18"
}