Report No. 64
6.39. Section 21-Preventive Homes.-
Section 21 deals with the establishment and licensing of protective homes. Sub-section (1), (2), (3) and (8) are important for our purpose, and read as follows:-
"(1) The State Government may in its discretion establish as many protective homes under this Act as it thinks fit and such homes, when established, shall be maintained in such manner as may be prescribed.
(2) No person or no authority other than the State Government shall, after the commencement of this Act, establish or maintain any protective home except under and in accordance with the conditions of a licence issued under this section by the State Government.
(3) The State Government, on application made to it in this behalf by a person or authority, issue to such person or authority a licence in the prescribed form for establishing and maintaining or as the case may be, for maintaining a protective home and a licence so issued may contain such conditions as the State Government may think fit to impose in accordance with the rules made under this Act:
Provided that any such condition may require that the management of the protective home shall, wherever practicable, be entrusted to women:
Provided further that a person or authority maintaining any protective home at the commencement of this Act shall be allowed a period of six months from such commencement to make an application for such licence."
"(8) Where a licence in respect of a protective home has been revoked under the foregoing sub-section, such protective home shall cease to function from the date of such revocation.
Whoever establishes or maintains a protective home except in accordance with the provision of this section, shall be punishable in the case of a first offence with fine which may extend to one thousand rupees and, in the case of second or subsequent offences, with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both."
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