Tamil Nadu Hostels and Homes for Women and Children (Regulation) Rules, 2015
No: -- Dated: Feb, 21 2015
SOCIAL WELFARE AND NUTRITIOUS MEAL PROGRAMME (SW) DEPARTMENT
TAMIL NADU HOSTELS AND HOMES FOR WOMEN AND CHILDREN (REGULATION) RULES, 2015.
No. SRO A-3(b)/2015:- In exercise of the powers conferred by sub-section (1) of Section 25 of the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014, the Governor of Tamil Nadu hereby makes the following rules:-
RULES
CHAPTER- I
Preliminary
1. Short Title and Commencement. - (1) These rules may be called the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Rules, 2015.
(2) It shall come into force on the date of its publication in the Tamil Nadu Government Gazette.
2. Definitions. - In these rules, unless the context otherwise requires,-
(a) "Act" means the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014;
(b) "Certificate of Registration" means registration order issued by the competent authority under rule 4;
(c) "Competent Authority" means the respective District collector;
(d) "Form" means a form appended to these Rules;
(e) "Inmates" means women and children residing in the licensed or registered institutions like homes, hostels and lodging houses run by Government or Non-Governmental Organizations or Private or Religious Institutions or Factories or Enterprises etc.,;
(f) "Licence" means a licence granted under-section 5 of the Act;
(g) "Non-Governmental Organisation" means an institution which is registered either under the Indian Trusts Act, 1882 (CA 2 of 1882) or the Tamil Nadu Societies Registration Act, 1975 (TN Act 27 of 1975) or the Companies Act, 2013 (CA 18 of 2013) or the Juvenile Justice (Care and Protection of Children) Act, 2000 (CA 56 of 2000) or any other Act.
CHAPTER II
Licensing of Hostels, Lodging Houses and Homes for Women and Children
3. Procedure for issue of licence. - (1) Any person desiring to establish, maintain or conduct hostel, lodging house or home for women and children and any person who is entitled to continue the hostel, lodging house or home for women and children under sub-section (1) of section 6 of the Act shall make an application for licence in Form-I to the Collector.
(2) Every application for licence shall be accompanied by a fee of Rs. 3,000/- (Rupees three thousand only) in Banker's Cheque or.Demand Draft drawn in favour of the Collector.
(3) On receipt of an application for licence, the Collector shall cause an inspection of the institution with a team consisting of the following officers, within 20 days of the receipt of such application, namely:-
(i) an officer not lower in rank than the District Social Welfare Officer or District Child Protection Officer or Project Officer, Integrated Child Development Services Scheme or District Differently Abled Welfare Officer;
(ii) a representative from Health Department;
(iii) Personal Assistant (Accounts) to Collector; and
(iv) the Tahsildar or Deputy Tahsildar of the respective jurisdiction.
(4) The inspection team shall submit its report in Form II within a week from the date of its constitution.
(5) Upon receipt of the inspection report, the Collector may either grant a licence in Form III which will be valid for three years or reject the application:
Provided that before rejection of the application for grant of licence the applicant shall be given an opportunity to make his submission, if any, against such rejection.
(6) Renewal. - (i) Every application for renewal of the licence granted under sub-rule (5) shall be made to the Collector in Form I and shall be accompanied by fee of ' 3,000/- (Rupees three thousand only) in Banker's Cheque or Demand Draft drawn in favour of the Collector.
(ii) An application for renewal shall be made not less than three months before the date of the expiry of the period of such licence:
Provided that the Collector may allow such application after the expiry of the aforesaid period but before the expiry of the period of the licence, if he is satisfied that the applicant was prevented by sufficient cause from applying for renewal in time.
(iii) The procedure for the renewal of the licence shall be the same as applicable to the issue of licence as specified in sub-rules (1) to (5).
(7) Appeal. - Any person who is aggrieved by an order of the Collector refusing to grant a licence or cancelling or suspending a licence may appeal to the Government or such authority as may be specified by the Government in this behalf within fifteen days from the date of receipt of such order:
Provided that the appellate authority may entertain an appeal after the expiry of the period specified above, if it is satisfied that the applicant was prevented by sufficient cause from preferring an appeal in time.
CHAPTER III
Registration of Hostel or Lodging House or Home for Women and Children
4. (1) Every home for women and children, by whatever name it is called, which is established, registered or maintained under any other law on or after the date of commencement of this Act, shall be registered under this Act within a period of six months from the date of such registration or establishment or maintenance as the case may be.
(2) Every hostel or lodging house or home for women and children by whatever name it is called, which is in existence on the date of commencement of the Act and which has been established, registered or maintained under any other law shall be registered under the Act within six months from the date of commencement of these rules. Subject to the provisions contained in sub-section (5) of section 12 of the Act, those children homes, which have already been registered under the Juvenile Justice (Care and Protection of Children) Act, 2000 (C A 56 of 2000) shall also be registered under the Act.
(3) If any hostel or lodging house or home for women and children, fails to apply for registration within the periods specified in sub-rules (1) and (2), action shall be initiated as per the provisions contained in sub-section (2) of section 20 of the Act.
(4) The owner or manager of every hostel or lodging house or home for women and children referred to in sub-sections (1) and (2) of section 12 of the Act shall make an application for registration to the Collector in Form IV. The Collector on being satisfied that an institution has complied with the provisions of the Act and these rules as regards registration, shall issue a certificate of registration in Form V.
(5) The Collector shall, after issue of certificate of registration to a hostel or lodging house or home for women and children, enter in a register regarding the particulars of the name of institution, address, number and date of registration certificate issued, validity of the registration certificate in Form VI.