THE WOMEN’S AND CHILDREN’S INSTITUTIONS (LICENSING) ACT, 1956 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Licensing of institutions. 
4.  Application for licence. 
5.  Grant of licence. 
6.  Licence not transferable. 
7.  Revocation of licence. 
8.  Appeals. 
9.  Penalty. 
10.  Act not to apply to certain institutions. 
11.  Power to make rules. 
12.  Repeal and savings. 

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THE WOMEN’S AND CHILDREN’S INSTITUTIONS (LICENSING) ACT, 1956 

ACT 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.―(1) This Act may be called the Women’s and Children’s 

Institutions (Licensing) Act, 1956. 

(2) It extends to the whole of India except the State of Jammu and Kashmir. 

(3) It shall come into force in a State on such date as the State Government may, by notification in the 

Official Gazette, appoint. 

2. Definitions.―In this Act, unless the context otherwise requires,― 

(a) “child” means a boy or girl who has not completed the age of eighteen years; 

(b)  “institution”  means  an  institution  established  and  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 the State Government under this Act; 

(e) “woman” means a female who has completed the age of eighteen years. 

3.  Licensing  of  institutions.―After  the  commencement  of  this  Act,  no  person  shall  establish  or 
maintain an institution except under and in accordance with the conditions of a licence granted under this 
Act. 

4.  Application  for  licence.―Every  person  desiring  to  establish  an  institution  shall  make  an 

application to the licensing authority in such form and containing such particulars as may be prescribed: 

Provided that a person maintaining an institution at the commencement of this Act shall be allowed a 

period of three months from such commencement to make an application for a licence. 

5. Grant of licence.―(1) On receipt of an application under section 4, the licensing authority, after 
making such inquiry as it considers necessary, shall, by order in writing, either grant thelicence or refuse 
to grant it. 

(2) Where a licence is refused, the grounds for such refusal shall be communicated to the applicant in 

the prescribed manner. 

(3) A licence, unless sooner revoked, shall remain in force for such period as may be specified in the 
licence  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 licence may be renewed on an application made within sixty days before the date of 
its  expiration  if  the  licensing  authority  is  satisfied  that  there  was  sufficient  cause  for  not  making  the 
application earlier. 

(4) Every licence granted under this Act shall be in the prescribed form and shall be subject to such 

conditions as may be prescribed: 

Provided that any such condition may require that the management of an institution shall, wherever 

practicable, be entrusted to women. 

(5) No fee shall be charged for the grant of a licence under this Act. 

6. Licence not transferable.―A licence granted under this Act shall not be transferable. 

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7. Revocation of licence.―(1) Where any person to whom a licence has been granted 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  thereunder,  or  where  the  licensing  authority  is  not 
satisfied with the condition, management or superintendence of an institution, 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 licence by order in writing: 

Provided that no such order shall be made until an opportunity is given to the holder of the licence to 

show cause why the licence should not be revoked. 

(2)  Where  a  licence  in  respect  of  an  institution  has  been  revoked  under  the  foregoing  sub-section, 

such institution shall cease to function from the date of such revocation: 

Provided  that  where  an  appeal lies  under  section  8  against  the  order  of revocation,  such  institution 

shall cease to function― 

(a)  where  no  such  appeal  has  been  preferred,  immediately  on  the  expiration  of  the  period 

prescribed for the filing of such appeal; 

(b) where such appeal has been preferred but the order of revocation has been  upheld, from the 

date of the appellate order. 

(3) On the revocation of a licence in respect of an institution, the licensing authority may direct that 

any woman or child who is an inmate of such institution on the date of such revocation shall be― 

(a) restored to the custody of her or his parent, husband or lawful guardian, as the case may be; or 

(b) transferred to another institution. 

8.  Appeals.―(1)  Where  the  licensing  authority  is  other  than  the  State  Government,  any  person 
aggrieved  by  an  order  of  the  licensing  authority  refusing  to  grant  a  licence  or  revoking  a  licence,  may 
within such period as may be prescribed, prefer an appeal to the State Government against such refusal or 
revocation. 

(2) 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  provisions  of  this  Act  or  of  any  rule  made 
thereunder, or any of the conditions of a licence 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.―Nothing in this Act shall apply to― 

(a)  hostels,  or  boarding  houses  attached  to,  or  controlled  or  recognised  by  educational 

institutions; or 

(b)  any  protective  home  established  under  the  Suppression  of  Immoral  Traffic  in  Women  and 

Girls Act, 1956 (104 of 1956). 

11. Power to make rules.―(1) The State Government may, by notification in the Official Gazette, 

make rules for carrying out the purposes of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for― 

(a) the form of application for licence and the particulars to be contained therein; 

(b) the form of licence and the conditions subject to which such licence may be granted; 

(c) the management of institutions; 

(d) 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; 

(e) the inspection of institutions; 

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(f) the maintenance of registers and account and submission of returns and audit of such accounts; 

(g) the discharge from institutions of women and children and their transfer from one institution 

to another; 

(h) the manner of filing appeals under this Act and the time within which such appeals shall be 

filed; 

(i) the manner of service of orders and notices Under this Act; 

(j) any other matter which is to be or may be prescribed. 

12. Repeal and savings.―(1) 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. 

(2) Notwithstanding the repeal by this Act of any State Act referred to in sub-section (1), anything 
done or any action taken (including any direction given, 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 be deemed to have been done or taken under the provisions of this Act as if 
the said provisions were in force when such thing was done or such action was taken and shall continue in 
force accordingly until superseded by anything done or any action taken under this Act. 

Explanation.―In this section, the expression “State Act” includes a “Provincial Act”.  

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