The Act to provide for the licensing of institutions for women and children

The Women's and Children's Institutions (Licensing) Act, 1956 
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. Short title extent and commencement 
a. This Act may be called the Women's and Children Institutions (Licensing) Act, 1656. 
b. It extents to the whole of India except the State  of Jammu & Kashmir. 
c. It shall come into force in a State on such date as the State Government may, by notification in the 
Official Gazette, appoint. 
2. In this Act, unless the context otherwise requir es, - Definitions. 
a. "child" means a boy or girl who has not complete d the age of eighteen years; 
b. "institution" means an institution established a nd 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 t he State Government under this Act; 
e. "women" means a female who has completed the age  of eighteen years. 
3. Licensing of institutions - After the commenceme nt of this Act, no person shall establish or mainta in as 
establish or maintain as institution except under a nd in accordance with the conditions of a license 
granted under this Act. 
4. Application of license - Every person desiring to  establish an institution shall make an application  to the 
licensing authority in such form and containing suc h particulars as may be prescribed: Provided that a 
person maintaining an institution at the commenceme nt to this Act shall be allowed a period of three 
months from such commencement to make an application for a license. 
5. Grant of license 
a. On receipt of an application under section 4, th e licensing authority, after making such inquiry as it 
considers necessary, shall, by order in writing, either grant the license or refuse to grant it. 
b. Where a license is refuses, the grounds for such  refusal shall be communicated to the applicant in 
the prescribed manner. 
c. A license, unless sooner revoked, shall remain i n force for such period as may be specified in the 
license 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 license may be renewed on an applica tion made within sixty days before the date 
of its expiration if the licensing authority is sat isfied that there was sufficient cause for not maki ng 
the application earlier. 
d. Every license granted under this Act shall be in the prescribed form and shall be subject to such 
conditions as may be prescribed: Provided that any s uch condition may require that the 
management of an institution shall, wherever practicable, be entrusted to women. 
e. No fee shall be charged for the grant of a licen se under this Act. 
6. License not transferable - A license granted und er this Act shall not be transferable. 
7. Revocation of License 
a. Where any person to whom a license has been gran ted under this Act, or any agent or 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 inst itution, 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 license by order in writing: 
Provided that no such order shall be made until an o pportunity is given to the holder of the license 
to show cause why the license should not be revoked. 
b. Where a license in respect of an institution has  been revoked under the foregoing sub-section, 
such institution shall cease of function from the d ate of such revocation: Provided that where an 
appeal lies under section 8 against the order of re vocation, such institution shall cease to function 
- 
i. where no such appeal has been preferred, immedia tely on the expiration of the period 
prescribed for the filling of such appeal; 
ii. where such appeal has been preferred but the or der of revocation has been upheld, from 
the date of the appellate order. 
c. On the revocation of a license in respect of an institution, the licensing authority may direct tha t 
any woman or child who is an inmate of such institution on the date of such revocation shall be - 
i. restored to the custody of her or his parent, hu sband or lawful guardian, as the case may 
be; or 
ii. transferred to another institution. 
8. Appeals - 
a. Where the licensing authority is other than the State Government, any person aggrieved by an 
order of the licensing authority refusing to grant a license or revoking a license, may within such 
period as may be prescribed, prefer an appeal to th e State Government against such refusal or 
revocation. 
b. The order of the State Government on such appeal and subject only to such order, the order of 
the licensing authority shall be final. 
9. Penalty - Any person who contravenes any of the p rovisions of this Act or of any rule made there und er, 
or any of the conditions of a license 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. 
10. Act not to apply to certain institutions - Noth ing in this Act shall apply to-- 
a. hostels, or boarding houses attached to, or cont rolled or recognised by educational institutions; or 
b. any protective home established under the Suppres sion of Immoral Traffic in Women and Girls 
Act, 1956. 
11. Power to make rules 
a. The State Government may, by notification in the Official Gazette, make rules for carrying cut the 
purposes of this Act. 
b. In particular, and without prejudice to the gene rality of the foregoing power, such rules may 
provide for- 
i. the form of application for license and the part iculars to be contained therein; 
ii. the form of license and the conditions subject to which such license may be granted; 
iii. the management of institutions; 
iv. the reception, care, protection and welfare of women and children in institutions, including 
all matters relating to their diet, clothing accommodation, training and general conduct; 
v. the inspection of institutions; 
vi. the maintenance of registers and account and su bmission of returns and audit of such 
accounts; 
vii. the discharge from institutions of women and c hildren and their tans or from one institution 
to another. 
viii. the manner of filing appeals under this Act a nd the time within which such a peals shall be 
filled; 
ix. the manner of service of orders and notices und er this Act; 
x. any other matter which is to be or may be prescr ibed. 
12. Repeal and savings 
a. 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. 
b. Notwithstanding the repeal by this Act of any Sta te Act referred to in sub-section (1), anything 
done or any action taken (including any direction g iven, any register, rule or order made or any 
restriction imposed) under the provisions of such State Act shall in so far as such thing or action is 
not inconsistent with the provisions of this Act bg  deemed to have been done or taken under the 
provisions of this Act as if the said provisions we re in force when such thing was done or such 
action was taken and shall continue in force accord ingly until superseded by anything done or any 
action taken under this Act. 
Explanation:- In this section, the expression "State Act" includes a "Provincial Act". 
 
 
 
1 
 
FORM I 
(See Rule 4) 
APPLICATION FOR LICENSE 
To, 
The Director of Women & Child Development, Delhi 
Licensing Authority under the Women & Children’s Institutions (Licensing) Act, 1956 
Sir, 
I ….............................................................. hereby apply for granting license under section 5 of 
the Women & Children’s Institutions (Licensing) Act, 1956 
NECESSARY PARTICULARS AREAS: 
1. Name of the Institution    : 
2. Location of the Institution    : 
3. Name of the President of Institution  : 
4. Full Address of the President   : 
5. Name of the Body Sponsoring Institution  : 
6. Aim of Establishment of the Institution  :  
7. Date of Establishment    : 
8. No. of Inmates on the Date of Application  : 
2 
 
9. Average No. of inmates during the Year 20… : 
10. Arrangement for Feeding/Housing etc  : 
11. Staff Information     : 
12. Fees, if any to be Charged from Inmates  : 
13. Source of Income     : 
14. Annual Budget     : 
15. Whether a License was Issued in the Past  : 
16. Whether a license was Revoked or Cancelled in the Past: 
I …………….. ....................................President hereby declare that the particulars given above 
are correct.  
 
Signature of the Applicant  
Date…… 
Enclosed:   
1. Memorandum of Association of Society. 
2. List of Office Bearer and Members of Executive or Government Body. 
3. Audited Accounts Last Three Years. 
4. Annual Report Last Year. 

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