Section 3 in Andhra Pradesh Women and Children's institutions (Licensing) Rules, 2010
3. Grant of License.
- (i) No person/ institution /service providers shall establish or maintain an Institution / facility for women or children or for both except and in accordance with the rules herein and conditions of a License.(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.Any failure to compliance with these rules, the Government or the authority empowered by the Government shall take charge of such institutions with entire premises and infrastructure along with the inmates present. Further, the management of institution shall also be liable for prosecution duly seizing all movable/immovable properties and Bank accounts etc., with them.(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.(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.Provided that such institution established even with one child or more or are intended to be established for children shall follow the conditions or standards prescribed under Juvenile Justice Act and rules thereof. Such licensed institutions are open for verification by the authorities implementing the Juvenile Justice (Care and Protection of Children) Act 2000 and reserves the authority of withdraw or cancel license if any granted to such institutions which are functioning contrary to the provisions of the JJ ACT.Provided further that nothing in this Rules shall apply to the institutions maintained for women and children that are mentioned in Section 10 of the Women's and Children's Institutions (Licensing) Act, 1956.(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.(b)"Licensing authority" for Institutions with branches or presence in more than one district shall be the Director, Women Development & Child Welfare Department, Hyderabad.(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.(d)The Licensing authority after making such an in quiry, by an order in writing, refuse to grant a license.Provided that the grounds for refusal to grant license or for revocation of a license already granted shall be duly communicated to the applicant or the holder of a license, as the case may be.Provided further that the Licensing Authority shall not ordinarily, permit any licensed institution concerned to admit as inmates, persons of different sex, but may permit minors for reasons to be recorded and subject to such conditions and limitations as may be necessary in their interest (children or women).
