REGULATORY GUIDELINES FOR HOSTEL OF EDUCATIONAL INSTITUTIONS FOR CHILDREN: National Commission for Protection of Child Rights

REGULATORY GUIDELINES FOR HOSTEL OF EDUCATIONAL INSTITUTIONS FOR CHILDREN 

CHAPTER I
INTRODUCTION

(1) Title and Scope of the Guidelines

a) These guidelines may be called “Regulatory Guidelines for hostel of educational institutions for children”.

b) These guidelines shall apply to all institutions wherever children in the age group of 6-18 years are in accommodation for the purpose of imparting education.

c) These guidelines shall be applicable to any/all such institutions functioning under various nomenclature viz. College, hostel, coaching centres, remedial centres and any other institution wherever children in the age group of below 18 years are in accommodation for the purpose of imparting education.

d) Nothing contained in these guidelines shall apply to any institution that falls under the
purview of Juvenile Justice (Care and Protection of Children) Act, 2015.

e) The State may notify these guidelines as legislation in their respective States to regulate hostels of educational institutions.

f) The Schemes/Regulatory bodies under various Ministries of Union/State Government
responsible for regulating institutions imparting education to the children below the age of below 18 years shall notify these guidelines to bring uniformity in norms and standards, wherever children in the age below18 years are in accommodation for the purpose of imparting education.

(2) Definitions

a) “Appropriate Government” in relation to a hostel of educational institutions for children
established within territory of a State, the State Government; and Union Territory having
legislature, the Government of that Union Territory.
b) “Competent authority” means an officer who is head of district education department as
applicable in respective StateslUTs.
c) “Child” means a student below the age of eighteen years.
d) “District” means jurisdiction of District of the competent authority in respective states/UT.
e) “Hostel of Educational Institutions for children” means wherever children in the age of
Page 7
e) “Hostel of Educational Institutions for children” means wherever children in the age of
below 18 years are in accommodation for the purpose of imparting education.
f) “Employee” means any person appointed/engaged by the management of the Hostel of
Educational Institutions who is involved in any activity of the said institution.
g) “Fee” means expenditure of any kind incurred by the parents/guardian of child for the
purpose of accommodation in such residential facility.
h) “Guardian” in relation to a child, means a person having the care and custody of that child and includes a natural guardian or guardian appointed or declared by a court or a statute.
i) NCPCR means the “National Commission for Protection of Child Rights (NCPCR)”
constituted under Section 3 of the Commissions for Protection of Child Rights Act, 2005
(4 of2006)
j) “Norms and Standards” means minimum mandatory requirements to establish and run a
“hostel of educational institutions for children” as in point 4 (b) of these guidelines
k) “Parent” means either the biological or step or adoptive father or mother of a child.
1) “Educational Institution” means any aided/unaided institution, private aided and unaided
Minority institutions imparting education to the children in the age group of 6-18 year.
m) SCPCR means “State Commission for Protection of Child Rights’; constituted under
Section 17 of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006).
n) “Screening Procedure” means method other than that of random selection for admission of a child.
0) RTE Act, 2009- The Right of Children to Free and Compulsory Education Act, 2009

CHAPTER II

REGISTRATION FOR ESTABLISIDNG OR REGULATING HOSTEL OF EDUCATIONAL INSTITUTIONS FOR CIDLDREN

(3) Establishment of hostel

a) After the enforcement of the guidelines by notification, no hostel of educational
institution shall run without registration within the time period of six months (or as
stated in notification) from the date of notification of the said guidelines.
b) Registration under these guidelines shall be deemed mandatory for any/all educational
institutions having hostels/residential facilities for children below 18 years either
regulated or affiliated or recognized by any other council/statutory
body/department/board or not.

(4) Procedure of Registration

a) The management of every hostel in existence on the date of the enforcement of these
guidelines as per point 3 and of every hostel proposed to be established on or after that
date shall make an application, in prescribed format, to the competent authority for
registration to run such hostels or to establish such institution, as the case may be;
b) Every such application shallI. be in the prescribed form as annexed;
11. be accompanied by such processing fee as prescribed by respective appropriate
Government; and
111. contain the particulars as per the annexed norms and standards,

IV. If, the hostel is run, managed or established by the Government (Centre or State),
and the competent authority is involved in establishing/managing/running such
hostel, there is no need to apply for registration but it is mandatory for the
competent authority to ensure proper implementation and fulfillment of norms
and standards laid down in these guidelines. The Ministries and departments shall
involve the competent authorities in the schemes/projects/programmes for establishing hostels.

(5) Grant of Certificate of Registration:

On receipt of an application under point 4 (b) the competent authority may consider to grant the registration after taking into consideration the particulars contained in such application, provided that the registration shall not be refused unless the applicant has been given an opportunity of making hislher representations.

(6) Procedure of Granting Registration Certificate:

I. After receiving the application, the competent authority will scrutinize the
applications.
ii. After short listing the proposals, a minimum two-member visit team comprising
officials not below block-level (inclusion of one member from district child protection
unit is desirable) will be formed by the competent authority to visit the site of
proposed hostel/already established hostel.
1Il. During the time of visit, the two member visit team shall inspect the facility W.r.t
number of seats for which the registration of the hostel is sought.
IV. The visit team will then submit its report in the prescribed format as annexed with
these guidelines, to the competent authority. After the receipt of report, the competent
authority, if satisfied that the proposal for registration fulfils the objects laid down
under point 4; may issue a Registration Certificate indicating the number of seats
allotted, within a period of one month of receiving the proposal, to establish a hostel
in accordance to the provisions prescribed by the competent authority for a period of
one year.
Y. The institution has to apply for renewal of the registration certificate to the competent
authority every year.
YI. The competent authority after due diligence will renew the registration only if the
institution fulfills all the basic requirements for hostel.
b) The hostel shall fulfill criterion for safe and secure environment for children as per the
guideline/manual of concerned department/ministry/statutory body and annexed checklist;
and the visiting team constituted by the competent authority shall ensure that all points
in the checklist are fulfilled by the hostel and the hostel also fulfills the requisite norms
and standards as per number of seats before recommending registration,

(7) Procedure for Closure

a) No hostel shall be closed without due approval from the competent authority. The
approval should be sought by the management through a formal application to the
competent authority.
b) The competent authority before granting approval for closure has to ensure that the
children are transferred to any other such accommodation thereby ensuring the continuity of the session.

(8) Power to Withdraw Registration

The competent authority may, at any time, withdraw the registration granted under point 5,
a) If such registration has been obtained by fraud, misrepresentation or suppression of
material particulars or where after obtaining the registration there is violation of any of
the provisions of the guidelines or of any of terms or conditions or findings of inspection
under point 17, or of the registration or of any direction issued by the competent authority under these guidelines at any stage.
b) If the competent authority, after inquiry, finds any violation ofPOCSO Act, 2012 or JJ.
Act, 2015 or any other child related law or violation of measures for safety and security
of children in hostels.
c) In case of any serious violation or threat to life of children in a hostel, the district
magistrate/district collector shall have the power to issue order for closure of such an.
hostel and shifting of children to another safe and secure environment, with immediate
effect.

(9) Procedure to Withdraw Registration:

a) Before withdrawing registration under points 7(a) and/or 7(b) the competent authority
have to give the management of the hostels an opportunity for making its representation.
b) The competent authority before granting approval for closure has to ensure that the
children are transferred to any other such accommodation thereby ensuring the continuity of the session.
d) If in any case NCPCRJSCPCR does not find a hostel fit in their observation for the
interest of child, the Commission may recommend to the competent authority or
appropriate Government to withdraw registration after consideration of competent
authority through proper procedure.

(10) List of Hostels

The appropriate Government should prepare and publish each year in the Gazette, a list
containing the names of all hostels with number of seats allotted which have been granted registration under point 5, from time to time and a list of hostels in relation to which such registration has been cancelled during the same period.

(11) Admission in Hostels

a) The educational institution U/S 2 (n) of the RTE Act, 2009 and not notified under
specified category hostels shall not subject the students to any screening procedure.
For any other hostel, the priority for allocation of seats in hostels should be in
accordance to the norms specified by the appropriate government.
b) The priority for allocation of seats in the hostel should be in accordance to the norms
specified by the appropriate government for procedure of admission in such
educational institution.
c) The admission in the hostel should be done by parents of the child and/or guardian
through written consent letter at the time of admission in the educational institution or
throughout the year as per the desire/requirement of the child/parents/guardians subject
to availability of seats.
d) The norms for admission prescribed by State government in educational institutions
may be followed during the time of the admission.
e) If in case of Hostel managed/run/established under any scheme of Central/State
Government, the procedure of admission shall be as prescribed in scheme as per laws.
(12) Fees
a) The fees charged, if any, by the hostel must be regulated by the appropriate
Government and only be collected on monthly or quarterly basis.
b) The hostel while admitting a child should not collect any capitation fee.
c) If in case of Hostel managed/run/established under any scheme of Central/State
Government, the fees shall be as prescribed in scheme as per laws.

CHAPTER III
MANAGEMENT OF HOSTEL

(13) Hostel Staff

(1) A hostel shall maintain an adequate number of staff to manage the hostel. The strength of hostel personnel shall be directly related to the number of students residing in the hostel to effectively manage the day to day running of the hostel complex.
(2) A hostel shall engage a Superintendent or Superintendents to supervise the activities of the hostellers. The number of Superintendents engaged shall be on a ratio of one (1)
Superintendent for a unit of not more than 200. Additional Superintendent or
Superintendents shall be provisioned by the educational institution running hostel, in
case of a unit more than 200 hostellers.
(3) The recruitment or engagement of superintendents shall be executed by the management of the hostel, and –
(i) The superintendent(s) must be competent to exercise overall control in respect of
the execution & maintenance of general discipline and spirit in the hostel, including
the welfare, study and recreation activities of hostel students.
(ii) The post of superintendent shall be full time in nature.
(4) It shall be required for management of hostels to provide superintendents to care for the girl and boy hostellers separately, who shall be engaged full time.

(5) The hostel shall engage the following staff in adequate number as prescribed by the
competent authority viz;
a) Warden b) Counselor, c) Security Guard, d) Nurse, e) Sweeper, f) Cleaner, g)
Helper, h) Cook, i) Kitchen Staff, j) Clerk, k) office assistants

(6) Superintendent and Warden shall be any person possessing such minimum
qualifications/skills/ training /certification by any institution of the Central
Government/appropriate Government or Recognized University/Board. As prescribed
by the appropriate government.

(7) The management ofthe hostel should ensure that at the time of joining the employee as defined in point 2 (f) has to furnish an affidavit that they have never been convicted under Juvenile Justice Act, 20 i5; and Child Labour (Prohibition and Regulation) Act,
1986, Child Labour (Prohibition and Regulation) Amendment Act, 2016, and
Protection of Children against Sexual Offences (POCSO) Act, 2012.

(8) The salary/wages and allowances payable to, and the terms and conditions of service of, the staff will be such as prescribed by the appropriate Government.

(14) Children-Warden Ratio
The hostel must ensure 1:50 Children- Warden ratio i.e. there should be one house-in charge for 50 children.

(15) Duties and Responsibilities:

1) Hostel Superintendent;

I. Superintendent shall be the overall in-charge of the hostel.

II. Superintendent of the hostel shall maintain regularity and punctuality in attending the residential educational institutions;

Ill. Check and keep updated records of all children at all times.

iv, Ensure the safety, security and psychological well-being of children residing in hostel.

v. Immediately report the matter to concerned officials of district administration, in
connection to any violations of rights of children, especially serious offences pertaining
to child abuse and child sexual abuse as per Section 22 of the POCSO Act, 2012. It
shall be the duty and responsibility of the Superiritendent to spread awareness
regarding POCSO E-Box ofNCPCR amongst all the children residing in the hostel.

VI. Superintendent should ensure regular health check-up of children at least once per
quarter by a registered medical practitioner.

vii. Superintendent shall ensure overall improvement of the condition of the institution
from time to time;

Vlll. Superintendent shall ensure reviewing the standards of care are being followed;

IX. Superintendent shall facilitate the setting up of children’s committees for different age groups of children, that is in the age group of 6 to 10 years, 11 to 15 years and 16 to 18 years and these children’s committees shall be constituted solely by children.

x. The Superintendent shall ensure that the children’s committees meet every month and
maintain a register for recording their activities and proceedings, and place it before the
Management Committee in their monthly meetings.

xi. The superintendent shall ensure that the children’s committees are provided with
essential support and materials including stationary, space and guidance for effective
functioning.

xu, The Superintendent of hostel shall support child participation of the children’s
committees in the following:
a) electing their leaders and in devising the procedure to be followed for conducting
the elections;
b) conducting the elections and monthly meetings;
c) framing rules for the functioning of children’s committees and following .it;
d) maintaining records and Children’s suggestion book and other relevant
documents;
e) Any other innovative activity.

xiii. The Superintendent shall ensure that the residential educational institution must at all times be equipped with basic First Aid & Medicine Kit containing band-aids/
bandages, cotton wool and disinfectants for minor injuries. ORS packets, scissors,
thermometer and antiseptic ointment should also be part of the medicine kit.

xiv. And such other activities defined in guidelines or as deemed fit.

2) Hostel Warden:

i. Warden shall take regular attendance of children twice a day.
ii. Inspect the dormitories and other premises of hostel on daily basis.
iii. Take necessary action deemed fit and report any matter pertaining to sickness,
injury, abuse of children in hostel to the Superintendent.
iv. Ensure safety and security of children at all times.
v. Warden may also check the quality of food on day to day basis.
vi. Maintain and update asset and stock register of dormitories and other rooms
designated to the warden.
vii. Preparing daily routine and diet scale of children.

(16) Management Committee of Hostel

(a) Each residential educational institution must constitute a management committee within one month of admission every year.

(b) The management committee should constitute of 50% students and 25% representatives of management and 25% representatives of teachers. In case of girls hostel the representatives of management and teachers should be 50% females.

(c) The educational institutions where Parent Teacher Association (PTA) is not constituted a committee comprising of parents should be constituted.

(d) The term of management committee will be one year. Every year new management
committee will be constituted by giving representation to students in rotation. Every
year at-least 2/3rd of the representatives of children should be replaced with new
members.
(e) Meeting of management committee should be conducted every month and proceedings of meetings be recorded .

 (1) The main functions of management committee should be to ensure safe, secure and
developmentally appropriate environment for children in the hostel with respect to their
right of participation.
(g) It should be monitored by the management of the hostel that the respective faiths of
children are preserved and no student is forced to practice or follow any faith beyond
his/her will or consent in writing made by parents, as per article 28(3) of Constitution of
India.
(h) The management committee shall conduct safety audit on quarterly basis. The
management of the institution shall ensure that the gaps observed by the management
committee during the audit shall be attended to.

CHAPTER IV
NORMS AND STANDARDS

(17) Norms and standards governing hostels and residential educational institutions for children below 18 years

1. Physical infrastructure.- (1) The accommodation in each institution shall be as per the
following criteria, namely:-

A. Hostels:
(a) Separate residential facilities and toilets for boys and girls below the age of 10 years
(b) Separate hostels for boys and girls above the age of 10 years
(c) Separate infrastructure for boys and girls in the age group of 11 to 15 years and 16
to 18 years;
(d) Any educational institution having students above 18 years should have separate
residential facilities for children below 18 years as per the said guidelines.
(e) The warden and superintendent shall stay within the institution provided with
quarters and in case of leave of absence any other senior staff member of the
institution shall stay in the institution and be in a position to supervise the overall
care of the children and take decisions in the case of any crisis or emergency.
(f) There shall be proper and non-slippery flooring for preventing accidents.

(g) There shall be adequate lighting, heating and cooling arrangements, ventilation, safe drinking water, clean and accessible gender and age appropriate and disabled friendly infrastructure including toilets and boundary wall ensuring safety and security of resident students.

(h) All hostels covered under the guidelines shall:
i. make provision of first-aid kit, fire extinguishers, recreation room, dormitories, store rooms and counseling/sick room;

Read the whole Documents

REGULATORY GUIDELINES FOR HOSTEL OF EDUCATIONAL INSTITUTIONS FOR CHILDREN