Section 21 in The Juvenile Justice (Care and Protection of Children) Model Rules, 2016
21. Manner of Registration of Child Care Institutions.
(1)All institutions running institutional care services for children in need of care and protection or children in conflict with law, whether run by the government or voluntary organization, shall be registered under sub-section (1) of section 41 of the Act, irrespective of being registered or licensed under any other Act for the time being in force.(2)All such institutions shall make an application in Form 27 together with a copy each of rules, bye-laws, memorandum of association, list of governing body, office bearers, list of trustees, balance sheet of preceding three years, statement of past record of social or public service provided by the institution to the State Government and a declaration from the person or the organization regarding any previous conviction record or involvement in any immoral act or in an act of child abuse or employment of child labour or that it has not been black listed by the Central or State Government;(3)The State Government shall after verifying that provisions exist in the institution for the care and protection of children, health, education, boarding and lodging facilities, vocational facilities and rehabilitation as per the Act and the rules, may issue a registration certification to such institution under subsection (1) of section 41 of the Act in Form 28.(4)The State Government, may not grant provisional registration where adequate facilities do not exist in the institution applying for registration and the State Government shall issue an order before the expiry of one month from the date of receipt of the application that the institution is not entitled for even provisional registration.(5)The State Government, while taking a decision on the application for registration, may consider the following namely:(i)registration of the organization under any law for the time being in force;(ii)details of physical infrastructure, water and electricity facilities, sanitation and hygiene, recreation facilities;(iii)financial position of the organization and maintenance of documents along with audited statement of accounts for the previous three years;(iv)resolution of the Governing Body to run the institution or an open shelter;(v)plan to provide services for children such as medical, vocational, educational, counseling, etc., in case of new applicants and details of such services provided in case of existing institutions ;(vi)arrangements of safety, security and transportation;(vii)details of other support services run by the organization;(viii)details of linkages and networking with other governmental, non-governmental, corporate and other community based agencies on providing need-based services to children;(ix)details of existing staff with their qualification and experience;(x)details of registration under Foreign Contribution Regulation Act and funds available, if any;(xi)a declaration from the person or the organization regarding any previous conviction record or involvement in any immoral act or in an act of child abuse or employment of child labour;(xii)any other criteria as prescribed by the State Government.(6)The State Government shall conduct a detailed inspection where provisional registration has been granted or review annually after registration under sub-section (1) of section 41 of the Act, of the facilities, staff, infrastructure and compliance with the standards of care, protection, rehabilitation and reintegration services and management of the institution or the organization as laid down under the Act and the rules.(7)If the inspection or the annual review reveals that there is unsatisfactory compliance with the standards of care, protection, rehabilitation and reintegration services and management of the institution as laid down under the Act and the rules or the facilities are inadequate, the State Government may, at any time, serve notice on the management of the institution and after giving an opportunity of being heard, declare within a period of sixty days from the date of the detailed inspection or annual review as the case may be, that the registration of the institution or organization, shall stand withdrawn or canceled from a date specified in the notice and from the said date, the institution shall cease to be an institution registered under sub-section (1) of section 41of the Act.(8)When an institution ceases to be an institution registered under the Act or has failed to apply for registration within the time frame laid down in the said provision or has not been granted provisional registration, the said institution shall be managed by the State Government or the children placed therein shall be transferred by the order of the Board or the Committee, to some other institution, registered under sub-section (1) of section 41 of the Act.(9)All institutions shall be bound to seek renewal of registration three months prior to the expiry of the period of registration and in case of their failure to seek renewal of registration before the expiry of the period of registration of the institution, the institution shall cease to be an institution registered under subsection (1) of section 41 of the Act and provisions of sub-rule (8) of this rule shall apply.(10)An application for renewal of registration of an institution shall be disposed of within sixty days from the date of receipt of application.(11)The decision on renewal of registration shall be based on the annual review done in the year in which the renewal is sought.(12)The Central Government shall facilitate developing a model online system for receipt and processing of applications and grant or cancellation of registration and in the interim the systems existing in the States and Union Territories shall continue.
