Keyword(s):
Child, Collector, Home for women and children, Hostel, Lodging House, Women, Children
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
The following Act of the Tamil Nadu Legislative Assembly received the assent of the
Governor on the 2nd September 2014 and is hereby published for general information:—
ACT No. 18 OF 2014.
An Act to provide for regulation of hostels, lodging houses, homes for
women and children and other like institutions and for matters connected
therewith.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in
the Sixty-fifth Year of the Republic of India as follows:—
PART – I.
PRELIMINARY.
- (1) This Act may be called the Tamil Nadu Hostels and Homes for Women
and Children (Regulation) Act, 2014.
(2) It shall come into force at once. - 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) “Collector” means the Collector of a district and includes any officer
specially appointed by the Government to perform the functions of the Collector under
this Act;
(c) “Government” means the State Government;
(d) “home for women and children” means an institution, by whatever name
called, established or maintained or intended to be established or maintained for the
reception, care, protection and welfare of women or children or both;
(e) “hostel” or “lodging house” means a building in which accommodation is
provided for women or children or both, either with boarding or not;
(f) “licensee” means a licence holder of a hostel, lodging house or home for
women and children under this Act;
(g) “manager” means a person responsible for controlling or administering a
hostel or lodging house or a home for women and children;
(h) “person” includes a trust, society, association of individuals or company,
whether incorporated or not;
(i) “prescribed” means prescribed by rules;
(j) “woman” means a female who has completed the age of eighteen years.
PART – II.
LICENSING OF HOSTELS, LODGING HOUSES AND HOMES FOR WOMEN AND
CHILDREN. - Nothing in this Part shall apply to homes for neglected women and children or
any reformatory or protective or other homes or schools governed by any other law
for the time being in force. - No person shall, on and after the commencement of this Act, establish, maintain
or conduct any hostel, lodging house or home for women and children except under,
and in accordance with a licence granted under this Act.
r home for women and children shall make an application for licence to the Collector
in such form and containing such particulars as may be prescribed. Every application
for licence shall be accompanied by such fee not exceeding three thousand rupees
as may be prescribed.
(2) On receipt of an application under sub-section (1), the Collector may, after
making such enquiry as he deems necessary, either grant or refuse to grant the licence.
Every licence granted shall be in such form and subject to such terms and conditions
as may be prescribed and shall be valid for a period of three years from the date on
which it is granted.
(3) Where the Collector refuses to grant licence under sub-section (2), he shall
give reasons in writing for such refusal.
- (1) Notwithstanding anything contained in this Act, but subject to the provisions
of sub-section (2), every person maintaining or conducting a hostel, lodging house or
home for women and children immediately before the commencement of this Act may
continue the hostel, lodging house or home for women and children.
(2) Every person entitled to continue the hostel, lodging house or home for
women and children under sub-section (1) shall not continue the hostel, lodging house
or home for women and children after the expiry of a period of two months from the
date of commencement of this Act unless he obtains the licence under section 5 in
respect of such hostel, lodging house or home for women and children.
(3) Every application for a licence under sub-section (2), shall be in such form
as may be prescribed and shall be accompanied by such fee not exceeding three
thousand rupees as may be prescribed. - (1) Every application for renewal of the licence granted under this Act 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.
(2) The provisions of this Act shall, as far as may be, apply in relation to the
renewal of the licence, as they apply in relation to the grant of licence under
section 5. - (1) The licence shall specify—
(a) the name and location of the hostel, lodging house or home for women
and children;
(b) the name of the manager or resident manager thereof;
(c) the nature of the homes, whether for women or for children or for both;
(d) the number of inmates to be admitted by the homes;
(e) the minimum standards regarding lodging, sanitation, health and
hygiene; and
(f) such other conditions and particulars as may be prescribed.
(2) Without the previous written consent of the Collector, no licensee shall,—
(a) change the name or location of a hostel, lodging house or home for
women and children as specified in the licence;
(b) alter the purpose of any service specified in the licence;
(c) increase the number of inmates to be admitted by the hostel, lodging
house or home for women and children.
(1) The Collector may, after giving the licensee an opportunity of being heard,
cancel any licence, if it appears to him—
(a) that such licence has been obtained by misrepresentation or fraud;
(b) that the licensee has contravened, or failed to comply with any of
the provisions of this Act or the rules made thereunder or any of the terms and
conditions of the licence;
(c) that the management of the hostel, lodging house or home for women
and children is being persistently carried on in an unsatisfactory manner or is being
carried on in a manner highly prejudicial to the moral and physical well being of the
inmates;
(d) the hostel, lodging house or home for women and children, has in the
opinion of the Collector otherwise rendered itself unsuitable for that purpose.
(2) The Collector may, if he is of the opinion that any licence granted under
this Act is liable to be cancelled, pending cancellation of the licence, for reasons to
be recorded in writing, suspend the licence and in such a case, no opportunity of being
heard need be given.
(3) The Collector may, either suo-motu or on application, review any order
passed under sub-section (1),—
(a) on the basis of a mistake or error apparent on the face of a record;
(b) on the basis of new facts brought to his notice after the order was
made; or
(c) for any other reason, to be recorded in writing:
Provided that the Collector shall not pass an order under this sub-section
prejudicially to any person unless such person has been given a reasonable opportunity
of making his representation.
(4) Where the licence in respect of a hostel, lodging house or home for women
and children is cancelled or suspended under sub-section (1) or sub-section (2), as
the case may be, such hostel, lodging house or home for women and children shall
cease to function—
(a) where an appeal has not been preferred under section 10 against the
order of cancellation or suspension, immediately on the expiration of the period prescribed
for such appeal;
(b) where such appeal has been preferred but the order of cancellation
or suspension is upheld, from the date of the appellate order.
(5) On any hostel, lodging house or home for women and children ceasing
to function under sub-section (4), the Collector may direct that any women or children,
who is an inmate of such institution shall be—
(a) restored to the custody of her or his parent or lawful guardian, as the
case may be; or
(b) transferred to another licenced hostel, lodging house or home for women
and children.
- Any person aggrieved by an order of the Collector refusing to grant a licence
or cancelling or suspending a licence may, in such manner and within such period
as may be prescribed, prefer an appeal to the Government or to such authority as
may be specified by it in this behalf:
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