THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000
ACT NO. 56 OF 2000
[30th December, 2000.]
An Act to consolidate and amend the law relating to juveniles in
conflict with law and children in need of care and protection, by
providing for proper care, protection and treatment by catering to
their development needs, and by adopting a child-frien ly approach in
the adjudication and disposition of matters in the best interest of
children and for their ultimate rehabilitation through various
institutions established under this enactment.
WHEREAS the Constitution has, in several provisions, including clause
(3) of article 15, clauses (e) and (f) of article 39, articles 45 and
47, impose on the State a primary responsibility of ensuring that all
the needs of children are met and that their basic human rights are
fully protected;
AND WHEREAS, the General Assembly of the United Nations has adopted
the Convention on the Rights of the Child on the 20th November, 1989;
AND WHEREAS, the Convention on the Rights of the Child has prescribed
a set of standards to be adhered to by all State parties in securing
the best interests of the child;
AND WHEREAS, the Convention on the Rights of the Child emphasises
social reintegration of child victims, to the extent possible, without
resorting to judicial proceedings;
AND WHEREAS, the Government of India has ratified the Convention on
the 11th December, 1992.
AND WHEREAS, it is expedient to re-enact the existing law relating to
juveniles bearing in mind the standards prescribed in the Convention
on the Rights of the Child, the United Nations Standard Minimum Rules
for the Administration of Juvenile Justice, 1 85 (the Beijing Rules),
the United Nations Rules for the Protection of Juveniles Deprived of
their Liberty (1990), and all other relevant international
instruments.
BE it enacted by Parliament in the Fifty-first Year of the Republic of
India as follows:-
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title, extent and commencement.
1. Short title, extent and commencement.-(1) This Act may be called
the Juvenile Justice (Care and Protection of Children) Act, 2000.
(2) It extends to the whole of India except the State of Jammu and
Kashmir.
(3) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
2.
Definitions.
2. Definitions.-In this Act, unless the context otherwise requires,-
(a) ''advisory board'' means a Central or a State advisory board or a
district and city level advisory board, as the case may be,
constituted under section 62;
(b) ''begging'' means-
(i) soliciting or receiving alms in a public place or entering into
any private premises for the purpose of soliciting or receiving alms,
whether under any pretence;
(ii) exposing or exhibiting with the object of obtaining or extorting
alms, any sore, wound, injury, deformity or disease, whether of
himself or of any other person or of an animal;
(c) ''Board'' means a Juvenile Justice Board constituted under section
4;
(d) ''child in need of care and protection'' means a child-
(i) who is found without any home or settled place or abode and
without any ostensible means of subsistence,
(ii) who resides with a person (whether a guardian of the child or
not) and such person-
(a) has threatened to kill or injure the child and there is a
reasonable likelihood of the threat being carried out, or
(b) has killed, abused or neglected some other child or children and
there is a reasonable likelihood of the child in question being
killed, abused or neglected by that person,
(iii) who is mentally or physically challenged or ill children or
children suffering from terminal diseases or incurable diseases having
no one to support or look after,
(iv) who has a parent or guardian and such parent or guardian is unfit
or incapacitated to exercise control over the child,
(v) who does not have parent and no one is willing to take care of or
whose parents have abandoned him or who is missing and run away child
and whose parents cannot be found after reasonable inquiry,
(vi) who is being or is likely to be grossly abused, tortured or
exploited for the purpose of sexual abuse or illegal acts,
(vii) who is found vulnerable and is likely to be inducted into drug
abuse or trafficking,
(viii) who is being or is likely to be abused for unconscionable
gains,
(ix) who is victim of any armed conflict, civil commotion or natural
calamity;
(e) "children's home" means an institution established by a State
Government or by voluntary organisation and certified by that
Government under section 34;
(f) "Committee" means a Child Welfare Committee constituted under
section 29;
(g) "competent authority" means in relation to children in need of
care and protection a Committee and in relation to juveniles in
conflict with law a Board;
(h) "fit institution" means a governmental or a registered
non-governmental organisation or a voluntary organisation prepared to
own the responsibility of a child and such organisation is found fit
by the competent authority;
(i) "fit person" means a person, being a social worker or any other
person, who is prepared to own the responsibility of a child and is
found fit by the competent authority to receive and take care of the
child;
(j) "guardian", in relation to a child, means his natural guardian or
any other person having the actual charge or control over the child
and recognised by the competent authority as a guardian in course of
proceedings before that authority;
(k) "juvenile" or "child" means a person who has not completed
eighteenth year of age;
(l) "juvenile in conflict with law" means a juvenile who is alleged to
have committed an offence;
(m) "local authority" means Panchayats at the village and Zila
Parishad at the district level and shall also include a Municipal
Committee or Corporation or a Cantonment Board or such other body
legally entitled to function as local authority by the Gove nment;
(n) "narcotic drug" and "psychotropic substance" shall have the
meanings respectively assigned to them in the Narcotic Drugs and
Psychotropic Substances Act, 1985 (61 of 1985);
(o) "observation home" means a home established by a State Government
or by a voluntary organisation and certified by that State Government
under section 8 as an observation home for the juvenile in conflict
with law;
(p) "offence" means an offence punishable under any law for the time
being in force;
(q) "place of safety" means any place or institution (not being a
police lock-up or jail), the person incharge of which is willing
temporarily to receive and take care of the juvenile and which, in the
opinion of the competent authority, may be a place o safety for the
juvenile;
(r) "prescribed" means prescribed by rules made under this Act;
(s) "probation officer" means an officer appointed by the State
Government as a probation officer under the Probation of Offenders
Act, 1958 (20 of 1958);
(t) "public place" shall have the meaning assigned to it in the
Immoral Traffic (Prevention) Act, 1956 (104 of 1956);
(u) "shelter home" means a home or a drop-in-centre set up under
section 37;
(v) "special home" means an institution established by a State
Government or by a voluntary organisation and certified by that
Government under section 9;
(w) "special juvenile police unit" means a unit of the police force of
a State designated for handling of juveniles or children under section
63;
(x) "State Government", in relation to a Union territory, means the
Administrator of that Union territory appointed by the President under
article 239 of the Constitution;
(y) all words and expressions used but not defined in this Act and
defined in the Code of Criminal Procedure, 1973 (2 of 1974), shall
have the meanings respectively assigned to them in that Code.
3.
Continuation of inquiry in respect of juvenile who has ceased to be ajuvenile.
3. Continuation of inquiry in respect of juvenile who has ceased to
be a juvenile.-Where an inquiry has been initiated against a juvenile
in conflict with law or a child in need of care and protection and
during the course of such inquiry the juvenile or the child ceases to
be such, then, notwithstanding anything contained in this Act or in
any other law for the time being in force, the inquiry may be
continued and orders may be made in respect of such person as if such
person had continued to be a juven le or a child.
CHAP
JUVENILE IN CONFLICT WITH LAW
CHAPTER II
JUVENILE IN CONFLICT WITH LAW
4.
Juvenile Justice Board.
4. Juvenile Justice Board.-(1) Notwithstanding anything contained in
the Code of Criminal Procedure, 1973 (2 of 1974), the State Government
may, by notification in the Official Gazette, constitute for a
district or a group of districts specified in the n tification, one or
more Juvenile Justice Boards for exercising the powers and discharging
the duties conferred or imposed on such Boards in relation to
juveniles in conflict with law under this Act.
(2) A Board shall consist of a Metropolitan Magistrate or a Judicial
Magistrate of the first class, as the case may be, and two social
workers of whom at least one shall be a woman, forming a Bench and
every such Bench shall have the powers conferred by he Code of
Criminal Procedure, 1973 (2 of 1974), on a Metropolitan Magistrate or,
as the case may be, a Judicial Magistrate of the first class and the
Magistrate on the Board shall be designated as the principal
Magistrate.
(3) No Magistrate shall be appointed as a member of the Board unless
he has special knowledge or training in child psychology or child
welfare and no social worker shall be appointed as a member of the
Board unless he has been actively involved in health education, or
welfare activities pertaining to children for at least seven years.
(4) The term of office of the members of the Board and the manner in
which such member may resign shall be such as may be prescribed.
(5) The appointment of any member of the Board may be terminated after
holding inquiry, by the State Government, if-
(i) he has been found guilty of misuse of power vested under this Act,
(ii) he has been convicted of an offence involving moral turpitude,
and such conviction has not been reversed or he has not been granted
full pardon in respect of such offence,
(iii) he fails to attend the proceedings of the Board for consecutive
three months without any valid reason or he fails to attend less than
three-fourth of the sittings in a year.
5.
Procedute, etc., in relation to Board.
5. Procedure, etc., in relation to Board.-(1) The Board shall meet at
such times and shall observe such rules of procedure in regard to the
transaction of business at its meetings, as may be prescribed.
(2) A child in conflict with law may be produced before an individual
member of the Board, when the Board is not sitting.
(3) A Board may act notwithstanding the absence of any member of the
Board, and no order made by the Board shall be invalid by reason only
of the absence of any member during any stage of proceedings:
Provided that there shall be at least two members including the
principal Magistrate present at the time of final disposal of the
case.
(4) In the event of any difference of opinion among the members of the
Board in the interim or final disposition, the opinion of the majority
shall prevail, but where there is no such majority, the opinion of the
principal Magistrate shall prevail.
6.
Powers of Juvenile Justice Board.
6. Powers of Juvenile Justice Board.-(1) Where a Board has been
constituted for any district or a group of districts, such Board
shall, notwithstanding anything contained in any other law for the
time being in force but save as otherwise expressly provid d in this
Act, have power to deal exclusively with all proceedings under this
Act relating to juvenile in conflict with law.
(2) The powers conferred on the Board by or under this Act may also be
exercised by the High Court and the Court of Session, when the
proceeding comes before them in appeal, revision or otherwise.
7.
Procedure to be followed by a Magistrate not empowered under the Act.
7. Procedure to be followed by a Magistrate not empowered under the
Act.-(1) When any Magistrate not empowered to exercise the powers of a
Board under this Act is of the opinion that a person brought before
him under any of the provisions of this Act (ot er than for the
purpose of giving evidence), is a juvenile or the child, he shall
without any delay record such opinion and forward the juvenile or the
child and the record of the proceeding to the competent authority
having jurisdiction over the proceed ng.
(2) The competent authority to which the proceeding is forwarded under
sub-section (1) shall hold the inquiry as if the juvenile or the child
had originally been brought before it.
8.
Observation homes.
8. Observation homes.-(1) Any State Government may establish and
maintain either by itself or under an agreement with voluntary
organisations, observation homes in every district or a group of
districts, as may be required for the temporary reception of ny
juvenile in conflict with law during the pendency of any inquiry
regarding them under this Act.
(2) Where the State Government is of opinion that any institution
other than a home established or maintained under sub-section (1), is
fit for the temporary reception of juvenile in conflict with law
during the pendency of any inquiry regarding them un er this Act, it
may certify such institution as an observation home for the purposes
of this Act.
(3) The State Government may, by rules made under this Act, provide
for the management of observation homes, including the standards and
various types of services to be provided by them for rehabilitation
and social integration of a juvenile, and the cir umstances under
which, and the manner in which, the certification of an observation
home may be granted or withdrawn.
(4) Every juvenile who is not placed under the charge of parent or
guardian and is sent to an observation home shall be initially kept in
a reception unit of the observation home for preliminary inquiries,
care and classification for juveniles according o his age group, such
as seven to twelve years, twelve to sixteen years and sixteen to
eighteen years, giving due considerations to physical and mental
status and degree of the offence committed, for further induction into
observation home.
9.
Special homes.
9. Special homes.-(1) Any State Government may establish and maintain
either by itself or under an agreement with voluntary organisations,
special homes in every district or a group of districts, as may be
required for reception and rehabilitation of ju enile in conflict with
law under this Act.
(2) Where the State Government is of opinion that any institution
other than a home established or maintained under sub-section (1), is
fit for the reception of juvenile in conflict with law to be sent
there under this Act, it may certify such institutio as a special home
for the purposes of this Act.
(3) The State Government may, by rules made under this Act, provide
for the management of special homes, including the standards and
various types of services to be provided by them which are necessary
for re-socialisation of a juvenile, and the circumst nces under which,
and the manner in which, the certification of a special home may be
granted or withdrawn.
(4) The rules made under sub-section (3) may also provide for the
classification and separation of juvenile in conflict with law on the
basis of age and the nature of offences committed by them and his
mental and physical status.
10.
Apprehension of juvenile in conflict with law.
10. Apprehension of juvenile in conflict with law.-(1) As soon as a
juvenile in conflict with law is apprehended by police, he shall be
placed under the charge of the special juvenile police unit or the
designated police officer who shall immediately rep rt the matter to a
member of the Board.
(2) The State Government may make rules consistent with this Act,-
(i) to provide for persons through whom (including registered
voluntary organisations) any juvenile in conflict with law may be
produced before the Board;
(ii) to provide the manner in which such juvenile may be sent to an
observation home.
11.
Control of custodian over juvenile.
11. Control of custodian over juvenile.-Any person in whose charge a
juvenile is placed in pursuance of this Act shall, while the order is
in force have the control over the juvenile as he would have if he
were his parents, and shall be responsible for h s maintenance, and
the juvenile shall continue in his charge for the period stated by
competent authority, notwithstanding that he is claimed by his parents
or any other person.
12.
Bail of juvenile.
12. Bail of juvenile.-(1) When any person accused of a bailable or
non-bailable offence, and apparently a juvenile, is arrested or
detained or appears or is brought before a Board, such person shall,
notwithstanding anything contained in the Code of Crim nal Procedure,
1973 (2 of 1974) or in any other law for the time being in force, be
released on bail with or without surety but he shall not be so
released if there appear reasonable grounds for believing that the
release is likely to bring him into asso iation with any known
criminal or expose him to moral, physical or psychological danger or
that his release would defeat the ends of justice.
(2) When such person having been arrested is not released on bail
under sub-section (1) by the officer incharge of the police station,
such officer shall cause him to be kept only in an observation home in
the prescribed manner until he can be brought efore a Board.
(3) When such person is not released on bail under sub-section (1) by
the Board it shall, instead of committing him to prison, make an order
sending him to an observation home or a place of safety for such
period during the pendency of the inquiry regard ng him as may be
specified in the order.
13.
Information to parent, guardian or probation officer.
13. Information to parent, guardian or probation officer.-Where a
juvenile is arrested, the officer incharge of the police station or
the special juvenile police unit to which the juvenile is brought
shall, as soon as may be after the arrest, inform-
(a) the parent or guardian of the juvenile, if he can be found of such
arrest and direct him to be present at the Board before which the
juvenile will appear; and
(b) the probation officer of such arrest to enable him to obtain
information regarding the antecedents and family background of the
juvenile and other material circumstances likely to be of assistance
to the Board for making the inquiry.
14.
Inquiry by Board regarding juvenile.
14. Inquiry by Board regarding juvenile.-Where a juvenile having been
charged with the offence is produced before a Board, the Board shall
hold the inquiry in accordance with the provisions of this Act and may
make such order in relation to the juvenile s it deems fit:
Provided that an inquiry under this section shall be completed within
a period of four months from the date of its commencement, unless the
period is extended by the Board having regard to the circumstances of
the case and in special cases after recordin the reasons in writing
for such extension.
15.
Order that may be passed regarding juvenile.
15. Order that may be passed regarding juvenile.-(1) Where a Board is
satisfied on inquiry that a juvenile has committed an offence, then,
notwithstanding anything to the contrary contained in any other law
for the time being in force, the Board may, if t thinks so fit,-
(a) allow the juvenile to go home after advice or admonition following
appropriate inquiry against and counselling to the parent or the
guardian and the juvenile;
(b) direct the juvenile to participate in group counselling and
similar activities;
(c) order the juvenile to perform community service;
(d) order the parent of the juvenile or the juvenile himself to pay a
fine, if he is over fourteen years of age and earns money;
(e) direct the juvenile to be released on probation of good conduct
and placed under the care of any parent, guardian or other fit person,
on such parent, guardian or other fit person executing a bond, with or
without surety, as the Board may require, fo the good behaviour and
well-being of the juvenile for any period not exceeding three years;
(f) direct the juvenile to be released on probation of good conduct
and placed under the care of any fit institution for the good
behaviour and well-being of the juvenile for any period not exceeding
three years;
(g) make an order directing the juvenile to be sent to a special
home,-
(i) in the case of juvenile, over seventeen years but less than
eighteen years of age for a period of not less than two years;
(ii) in case of any other juvenile for the period until he ceases to
be a juvenile:
Provided that the Board may, if it is satisfied that having regard to
the nature of the offence and the circumstances of the case it is
expedient so to do, for reasons to be recorded, reduce the period of
stay to such period as it thinks fit.
(2) The Board shall obtain the social investigation report on juvenile
either through a probation officer or a recognised voluntary
organisation or otherwise, and shall take into consideration the
findings of such report before passing an order.
(3) Where an order under clause (d), clause (e) or clause (f) of
sub-section (1) is made, the Board may, if it is of opinion that in
the interests of the juvenile and of the public, it is expedient so to
do, in addition make an order that the juvenile i conflict with law
shall remain under the supervision of a probation officer named in the
order during such period, not exceeding three years as may be
specified therein, and may in such supervision order impose such
conditions as it deems necessary for he due supervision of the
juvenile in conflict with law:
Provided that if at any time afterwards it appears to the Board on
receiving a report from the probation officer or otherwise, that the
juvenile in conflict with law has not been of good behaviour during
the period of supervision or that the fit institut on under whose care
the juvenile was placed is no longer able or willing to ensure the
good behaviour and well-being of the juvenile it may, after making
such inquiry as it deems fit, order the juvenile in conflict with law
to be sent to a special home.
(4) The Board shall while making a supervision order under sub-section
(3), explain to the juvenile and the parent, guardian or other fit
person or fit institution, as the case may be, under whose care the
juvenile has been placed, the terms and conditio s of the order and
shall forthwith furnish one copy of the supervision order to the
juvenile, the parent, guardian or other fit person or fit institution,
as the case may be, the sureties, if any, and the probation officer.
16.
Order that may not be passed against juvenile.
16. Order that may not be passed against juvenile.-(1)
Notwithstanding anything to the contrary contained in any other law
for the time being in force, no juvenile in conflict with law shall be
sentenced to death or life imprisonment, or committed to pri on in
default of payment of fine or in default of furnishing security:
Provided that where a juvenile who has attained the age of sixteen
years has committed an offence and the Board is satisfied that the
offence committed is of so serious in nature or that his conduct and
behaviour have been such that it would not be in hi interest or in the
interest of other juvenile in a special home to send him to such
special home and that none of the other measures provided under this
Act is suitable or sufficient, the Board may order the juvenile in
conflict with law to be kept in uch place of safety and in such manner
as it thinks fit and shall report the case for the order of the State
Government.
(2) On receipt of a report from a Board under sub-section (1), the
State Government may make such arrangement in respect of the juvenile
as it deems proper and may order such juvenile to be kept under
protective custody at such place and on such conditio s as it thinks
fit:
Provided that the period of detention so ordered shall not exceed the
maximum period of imprisonment to which the juvenile could have been
sentenced for the offence committed.
17.
Proceeding under Chapter VIII of the Code of Criminal Procedure notcompetent
against juvenile.
17. Proceeding under Chapter VIII of the Code of Criminal Procedure
not competent against juvenile.-Notwithstanding anything to the
contrary contained in the Code of Criminal Procedure, 1973 (2 of 1974)
no proceeding shall be instituted and no order shal be passed against
the juvenile under Chapter VIII of the said Code.
18.
No joint proceeding of juvenile and person not a juvenile.
18. No joint proceeding of juvenile and person not a juvenile.-(1)
Notwithstanding anything contained in section 223 of the Code of
Criminal Procedure, 1973 (2 of 1974) or in any other law for the time
offence together with a person who is not a juvenile. being in force,
no juvenile shall be charged with or tried for any
(2) If a juvenile is accused of an offence for which under section 223
of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law
for the time being in force, such juvenile and any person who is not a
juvenile would, but for the prohibition co tained in sub-section (1),
have been charged and tried together, the Board taking cognizance of
that offence shall direct separate trials of the juvenile and the
other person.
19.
Removal of disqualification attaching to conviction.
19. Removal of disqualification attaching to conviction.-(1)
Notwithstanding anything contained in any other law, a juvenile who
has committed an offence and has been dealt with under the provisions
of this Act shall not suffer disqualification, if any, ttaching to a
conviction of an offence under such law.
(2) The Board shall make an order directing that the relevant records
of such conviction shall be removed after the expiry of the period of
appeal or a reasonable period as prescribed under the rules, as the
case may be.
20.
Special provision in respect of pending cases.
20. Special provision in respect of pending cases.-Notwithstanding
anything contained in this Act, all proceedings in respect of a
juvenile pending in any court in any area on the date on which this
Act comes into force in that area, shall be continued n that court as
if this Act had not been passed and if the court finds that the
juvenile has committed an offence, it shall record such finding and
instead of passing any sentence in respect of the juvenile, forward
the juvenile to the Board which sha l pass orders in respect of that
juvenile in accordance with the provisions of this Act as if it had
been satisfied on inquiry under this Act that a juvenile has committed
the offence.
21.
Prohibition of publication of name, etc., of juvenile involved in anyproceedin
under the Act.
21. Prohibition of publication of name, etc., of juvenile involved in
any proceeding under the Act.-(1) No report in any newspaper,
magazine, news-sheet or visual media of any inquiry regarding a
juvenile in conflict with law under this Act shall disclos the name,
address or school or any other particulars calculated to lead to the
identification of the juvenile nor shall any picture of any such
juvenile be published:
Provided that for reasons to be recorded in writing the authority
holding the inquiry may permit such disclosure, if in its opinion such
disclosure is in the interest of the juvenile.
(2) Any person contravening the provisions of sub-section (1) shall be
punishable with fine, which may extend to one thousand rupees.
22.
Provision in respect of escaped juvenile.
22. Provision in respect of escaped juvenile.-Notwithstanding
anything to the contrary contained in any other law for the time being
in force, any police officer may take charge without warrant of a
juvenile in conflict with law who has escaped from a sp cial home or
an observation home or from the care of a person under whom he was
placed under this Act, and shall be sent back to the special home or
the observation home or that person, as the case may be; and no
proceeding shall be instituted in respec of the juvenile by reason of
such escape, but the special home, or the observation home or the
person may, after giving the information to the Board which passed the
order in respect of the juvenile, take such steps in respect of the
juvenile as may be eemed necessary under the provisions of this Act.
23.
Punishment of cruelty to juvenile or child.
23. Punishment for cruelty to juvenile or child.-Whoever, having the
actual charge of or control over, a juvenile or the child, assaults,
abandons, exposes or wilfully neglects the juvenile or causes or
procures him to be assaulted, abandoned, exposed o neglected in a
manner likely to cause such juvenile or the child unnecessary mental
or physical suffering shall be punishable with imprisonment for a term
which may extend to six months, or fine, or with both.
24.
Employment of juvenile or child for begging.
24. Employment of juvenile or child for begging.-(1) Whoever, employs
or uses any juvenile or the child for the purpose or causes any
juvenile to beg shall be punishable with imprisonment for a term which
may extend to three years and shall also be li ble to fine.
(2) Whoever, having the actual charge of, or control over, a juvenile
or the child abets the commission of the offence punishable under
sub-section (1), shall be punishable with imprisonment for a term
which may extend to one year and shall also be lia le to fine.
25.
Penalty for giving intoxicating drug or psychotropic substance tojuvenile or
child.
25. Penalty for giving intoxicating drug or psychotropic substance to
juvenile or child.-Whoever gives, or causes to be given, to any
juvenile or the child any intoxicating liquor in a public place or any
narcotic drug or psychotropic substance except up n the order of duly
qualified medical practitioner or in case of sickness shall be
punishable with imprisonment for a term which may extend to three
years and shall also be liable to fine.
26.
Exploitation of juvenile or child employee.
26. Exploitation of juvenile or child employee.-Whoever ostensibly
procures a juvenile or the child for the purpose of any hazardous
employment keeps him in bondage and withholds his earnings or uses
such earning for his own purposes shall be punishable with
imprisonment for a term which may extend to three years and shall also
be liable to fine.
27.
Special offences.
27. Special offences.-The offences punishable under sections 23, 24,
25 and 26 shall be cognizable.
28.
Alternative punishment.
28. Alternative punishment.-Where an act or omission constitute an
offence punishable under this Act and also under any other Central or
State Act, then, notwithstanding anything contained in any law for the
time being in force, the offender found g ilty of such offences shall
be liable to punishment only under such Act as provides for punishment
which is greater in degree.
CHAP
CHILD IN NEED OF CARE AND PROTECTION
CHAPTER III
CHILD IN NEED OF CARE AND PROTECTION
29.
Child Welfare Committee.
29. Child Welfare Committee.-(1) The State Government may, by
notification in Official Gazette, constitute for every district or
group of districts, specified in the notification, one or more Child
Welfare Committees for exercising the powers and dischar e the duties
conferred on such Committees in relation to child in need of care and
protection under this Act.
(2) The Committee shall consist of a Chairperson and four other
members as the State Government may think fit to appoint, of whom at
least one shall be a woman and another, an expert on matters
concerning children.
(3) The qualifications of the Chairperson and the members, and the
tenure for which they may be appointed shall be such as may be
prescribed.
(4) The appointment of any member of the Committee may be terminated,
after holding inquiry, by the State Government, if-
(i) he has been found guilty of misuse of power vested under this Act;
(ii) he has been convicted of an offence involving moral turpitude,
and such conviction has not been reversed or he has not been granted
full pardon in respect of such offence;
(iii) he fails to attend the proceedings of the Committee for
consecutive three months without any valid reason or he fails to
attend less than three-fourth of the sittings in a year.
(5) The Committee shall function as a Bench of Magistrates and shall
have the powers conferred by the Code of Criminal Procedure, 1973 (2
of 1974) on a Metropolitan Magistrate or, as the case may be, a
Judicial Magistrate of the first class.
30.
Procedure, etc., in relation to Committee.
30. Procedure, etc., in relation to Committee.-(1) The Committee
shall meet at such times and shall observe such rules of procedure in
regard to the transation of business at its meetings, as may be
prescribed.
(2) A child in need of care and protection may be produced before an
individual member for being placed in safe custody or otherwise when
the Committee is not in session.
(3) In the event of any difference of opinion among the members of the
Committee at the time of any interim decision, the opinion of the
majority shall prevail but where there is no such majority the opinion
of the Chairperson shall prevail.
(4) Subject to the provisions of sub-section (1), the Committee may
act, notwithstanding the absence of any member of the Committee, and
no order made by the Committee shall be invalid by reason only of the
absence of any member during any stage of the p oceeding.
31.
Powers of Committee.
31. Powers of Committee.-(1) The Committee shall have the final
authority to dispose of cases for the care, protection, treatment,
development and rehabilitation of the children as well as to provide
for their basic needs and protection of human right .
(2) Where a Committee has been constituted for any area, such
Committee shall, notwithstanding anything contained in any other law
for the time being in force but save as otherwise expressly provided
in this Act, have the power to deal exclusively wi h all proceedings
under this Act relating to children in need of care and protection.
32.
Production before Committee.
32. Production before Committee.-(1) Any child in need of care and
protection may be produced before the Committee by one of the
following persons-
(i) any police officer or special juvenile police unit or a designated
police officer;
(ii) any public servant;
(iii) childline, a registered voluntary organisation or by such other
voluntary organisation or an agency as may be recognised by the State
Government;
(iv) any social worker or a public spirited citizen authorised by the
State Government; or
(v) by the child himself.
(2) The State Government may make rules consistent with this Act to
provide for the manner of making the report to the police and to the
Committee and the manner of sending and entrusting the child to
children's home pending the inquiry.
33.
Inquiry.
33. Inquiry.-(1) On receipt of a report under section 32, the
Committee or any police officer or special juvenile police unit or the
designated police officer shall hold an inquiry in the prescribed
or agency as mentioned in sub-section (1) of section 32, may pass an
order to send the child to the children's home for speedy inquiry by a
social worker or child welfare officer. manner and the Committee, on
its own or on the report f om any person
(2) The inquiry under this section shall be completed within four
months of the receipt of the order or within such shorter period as
may be fixed by the Committee:
Provided that the time for the submission of the inquiry report may be
extended by such period as the Committee may, having regard to the
circumstances and for the reasons recorded in writing, determine.
(3) After the completion of the inquiry if the Committee is of the
opinion that the said child has no family or ostensible support, it
may allow the child to remain in the children's home or shelter home
till suitable rehabilitation is found for him or t ll he attains the
age of eighteen years.
34.
Children's homes.
34. Children's homes.-(1) The State Government may establish and
maintain either by itself or in association with the voluntary
organisations, children's homes, in every district or group of
districts, as the case may be, for the reception of child in ne d of
care and protection during the pendency of any inquiry and
subsequently for their care, treatment, education, training,
development and rehabilitation.
(2) The State Government may, by rules made under this Act, provide
for the management of children's homes including the standards and the
nature of services to be provided by them, and the circumstances under
which, and the manner in which, the certific tion of a children's home
or recognition to a voluntary organisation may be granted or
withdrawn.
35.
Inspection.
35. Inspection.-(1) The State Government may appoint inspection
committees for the children's homes (hereinafter referred to as the
inspection committees) for the State, a district and city, as the case
may be, for such period and for such purposes as ma be prescribed.
(2) The inspection committee of a State, district or of a city shall
consist of such number of representatives from the State Government,
local authority, Committee, voluntary organisations and such other
medical experts and social workers as may be pres ribed.
36.
Social auditing.
36. Social auditing.-The Central Government or State Government may
monitor and evaluate the functioning of the Children's homes at such
period and through such persons and institutions as may be specified
by that Government.
37.
Shelter homes.
37. Shelter homes.-(1) The State Government may recognise, reputed
and capable voluntary organisations and provide them assistance to set
up and administer as many shelter homes for juveniles or children as
may be required.
(2) The shelter homes referred in sub-section (1) shall function as
drop-in-centres for the children in the need of urgent support who
have been brought to such homes through such persons as are referred
to in sub-section (1) of section 32.
(3) As far as possible, the shelter homes shall have such facilities
as may be prescribed by the rules.
38.
Transfer.
38. Transfer.-(1) If during the inquiry it is found that the child
hails from the place outside the jurisdiction of the Committee, the
Committee shall order the transfer of the child to the competent
child. authority having jurisdiction over the place of reside ce of
the
(2) Such juvenile or the child shall be escorted by the staff of the
home in which he is lodged originally.
(3) The State Government may make rules to provide for the travelling
allowance to be paid to the child.
39.
Restoration.
39. Restoration.-(1) Restoration of and protection to a child shall
be the prime objective of any children's home or the shelter home.
(2) The children's home or a shelter home, as the case may be, shall
take such steps as are considered necessary for the restoration of and
protection to a child deprived of his family environment temporarily
or permanently where such child is under the are and protection of a
children's home or a shelter home, as the case may be.
(3) The Committee shall have the powers to restore any child in need
of care and protection to his parent, guardian, fit person or fit
institution, as the case may be, and give them suitable directions.
Explanation.-For the purposes of this section "restoration of child"
means restoration to-
(a) parents;
(b) adopted parents;
(c) foster parents.
CHAP
REHABILITATION AND SOCIAL REINTEGRATION
CHAPTER IV
REHABILITATION AND SOCIAL REINTEGRATION
40.
Process of rehabilitation and social reintegration.
40. Process of rehabilitation and social reintegration.-The
rehabilitation and social reintegration of a child shall begin during
the stay of the child in a children's home or special home and the
rehabilitation and social reintegration of children shall be carried
out alternatively by (i) adoption, (ii) foster care, (iii)
sponsorship, and (iv) sending the child to an after-care organisation.
41.
Adoption.
41. Adoption.-(1) The primary responsibility for providing care and
protection to children shall be that of his family.
(2) Adoption shall be resorted to for the rehabilitation of such
children as are orphaned, abandoned, neglected and abused through
institutional and non-institutional methods.
(3) In keeping with the provisions of the various guidelines for
adoption issued from time to time by the State Government, the Board
shall be empowered to give children in adoption and carry out such
investigations as are required for giving children in adoption in
accordance with the guidelines issued by the State Government from
time to time in this regard.
(4) The children's homes or the State Government run institutions for
orphans shall be recognised as an adoption agencies both for scrutiny
and placement of such children for adoption in accordance with the
guidelines issued under sub-section (3).
(5) No child shall be offered for adoption-
(a) until two members of the Committee declare the child legally free
for placement in the case of abandoned children,
(b) till the two months period for reconsideration by the parent is
over in the case of surrendered children, and
(c) without his consent in the case of a child who can understand and
express his consent.
(6) The Board may allow a child to be given in adoption-
(a) to a single parent, and
(b) to parents to adopt a child of same sex irrespecitve of the number
of living biological sons or daughters.
42.
Foster care.
42. Foster care.-(1) The foster care may be used for temporary
placement of those infants who are ultimately to be given for
adoption.
(2) In foster care, the child may be placed in another family for a
short or extended period of time, depending upon the circumstances
where the child's own parent usually visit regularly and eventually
after the rehabilitation, where the children may re urn to their own
homes.
(3) The State Government may make rules for the purposes of carrying
out the scheme of foster care programme of children.
43.
Sponsorship.
43. Sponsorship.-(1) The sponsorship programme may provide
supplementary support to families, to children's homes and to special
homes to meet medical, nutritional, educational and other needs of the
children with a view to improving their quality of lif .
(2) The State Government may make rules for the purposes of carrying
out various schemes of sponsorship of children, such as individual to
individual sponsorship, group sponsorship or community sponsorship.
44.
After-care organization.
44. After-care organization.-The State Government may, by rules made
under this Act, provide-
(a) for the establishment or recognition of after-care organisations
and the functions that may be performed by them under this Act;
(b) for a scheme of after-care programme to be followed by such
after-care organisations for the purpose of taking care of juveniles
or the children after they leave special homes, children homes and for
the purpose of enabling them to lead an honest, i dustrious and useful
life;
(c) for the preparation or submission of a report by the probation
officer or any other officer appointed by that Government in respect
of each juvenile or the child prior to his discharge from a special
home, children's home, regarding the necessity and nature of
after-care of such juvenile or of a child, the period of such
after-care, supervision thereof and for the submission of report by
the probation officer or any other officer appointed for the purpose,
on the progress of each juvenile or the chil ;
(d) for the standards and the nature of services to be maintained by
such after-care organisations;
(e) for such other matters as may be necessary for the purpose of
carrying out the scheme of after-care programme for the juvenile or
the child:
Provided that any rule made under this section shall not provide for
such juvenile or child to stay in the after-care organisation for more
than three years:
Provided further that a juvenile or child over seventeen years of age
but less than eighteen years of age would stay in the after-care
organisation till he attains the age of twenty years.
45.
Linkaes and co-ordination.
45. Linkages and co-ordination.-The State Government may make rules
to ensure effective linkages between various governmental,
non-governmental, corporate and other community agencies for
facilitating the rehabilitation and social reintegration of the ch ld.
CHAP
MISCELLANEOUS
CHAPTER V
MISCELLANEOUS
46.
Attendance of parent or guardian of juvenile or child.
46. Attendance of parent or guardian of juvenile or child.-Any
competent authority before which a juvenile or the child is brought
under any of the provisions of this Act, may, whenever it so thinks
fit, require any parent or guardian having the actual c arge of or
control over the juvenile or the child to be present at any proceeding
in respect of the juvenile or the child.
47.
Dispensing with attendance of juvenile or child.
47. Dispensing with attendance of juvenile or child.-If, at any stage
during the course of an inquiry, a competent authority is satisfied
that the attendance of the juvenile or the child is not essential for
the purpose of inquiry, the competent authorit may dispense with his
attendance and proceed with the inquiry in the absence of the juvenile
or the child.
48.
Committal to approved place or juvenile or child suffering fromdangerous
diseases and his future disposal.
48. Committal to approved place or juvenile or child suffering from
dangerous diseases and his future disposal.-(1) When a juvenile or the
child who has been brought before a competent authority under this
Act, is found to be suffering from a disease req iring prolonged
medical treatment or physical or mental complaint that will respond to
treatment, the competent authority may send the juvenile or the child
to any place recognised to be an approved place in accordance with the
rules made under this Act or such period as it may think necessary for
the required treatment.
(2) Where a juvenile or the child is found to be suffering from
leprosy, sexually transmitted disease, Hepatitis B, open cases of
Tuberculosis and such other diseases or is of unsound mind, he shall
be dealt with separately through various specialised re erral services
or under the relevant laws as such.
49.
Presumption and determination of age.
49. Presumption and determination of age.-(1) Where it appears to a
competent authority that person brought before it under any of the
provisions of this Act (otherwise than for the purpose of giving
evidence) is a juvenile or the child, the competent au hority shall
make due inquiry so as to the age of that person and for that purpose
shall take such evidence as may be necessary (but not an affidavit)
and shall record a finding whether the person is a juvenile or the
child or not, stating his age as nea ly as may be.
(2) No order of a competent authority shall be deemed to have become
invalid merely by any subsequent proof that the person in respect of
whom the order has been made is not a juvenile or the child, and the
age recorded by the competent authority to be t e age of person so
brought before it, shall for the purpose of this Act, be deemed to be
the true age of that person.
50.
Sending and juvenile or child outside jurisdiction.
50. Sending a juvenile or child outside jurisdiction.-In the case of
a juvenile or the child, whose ordinary place of residence lies
outside the jurisdiction of the competent authority before which he is
brought, the competent authority may, if satisfied after due inquiry
that it is expedient so to do, send the juvenile or the child back to
a relative or other person who is fit and willing to receive him at
his ordinary place of residence and exercise proper care and control
jurisdiction of the competent autho-rity; and the competent authority
exercising jurisdiction over the place to which the juvenile or the
child is sent shall in respect of any matter arising subsequently have
the s over him, notwithstanding tha such place of residence is outside
the me powers in relation to the juvenile or the child as if the
original order had been passed by itself.
51.
Reports to be treated as confidential.
51. Reports to be treated as confidential.-The report of the
probation officer or social worker considered by the competent
authority shall be treated as confidential:
Provided that the competent authority may, if it so thinks fit,
communicate the substance thereof to the juvenile or the child or his
parent or guardian and may give such juvenile or the child, parent or
guardian an opportunity of producing such evidence as may be relevant
to the matter stated in the report.
52.
Appeals.
52. Appeals.-(1) Subject to the provisions of this section, any
person aggrieved by an order made by a competent authority under this
Act may, within thirty days from the date of such order, prefer an
appeal to the Court of Session:
Provided that the Court of Session may entertain the appeal after the
expiry of the said period of thirty days if it is satisfied that the
appellant was prevented by sufficient cause from filing the appeal in
time.
(2) No appeal shall lie from-
(a) any order of acquittal made by the Board in respect of a juvenile
alleged to have committed an offence; or
(b) any order made by a Committee in respect of a finding that a
person is not a neglected juvenile.
(3) No second appeal shall lie from any order of the Court of Session
passed in appeal under this section.
53.
Revision.
53. Revision.-The High Court may, at any time, either of its own
motion or on an application received in this behalf, call for the
record of any proceeding in which any competent authority or Court of
Session has passed an order for the purpose of satisf ing itself as to
the legality or propriety of any such order and may pass such order in
relation thereto as it thinks fit:
Provided that the High Court shall not pass an order under this
section prejudicial to any person without giving him a reasonable
opportunity of being heard.
54.
Procedure in inquiries, appeals and revision proceedings.
54. Procedure in inquiries, appeals and revision proceedings.-(1)
Save as otherwise expressly provided by this Act, a competent
authority while holding any inquiry under any of the provisions of
this Act, shall follow such procedure as may be prescribed nd subject
thereto, shall follow, as far as may be, the procedure laid down in
the Code of Criminal Procedure, 1973 (2 of 1974) for trials in summons
cases. (2) Save as otherwise expressly provided by or under this Act,
the procedure to be followed in hearing appeals or revision
proceedings under this Act shall be, as far as practicable, in
accordance with the provisions of the Code of Criminal Procedure, 19 3
(2 of 1974).
55.
Power to amend orders.
55. Power to amend orders.-(1) Without prejudice to the provisions
for appeal and revision under this Act, any competent authority may,
on an application received in this behalf, amend any order as to the
institution to which a juvenile or the child is t be sent or as to the
person under whose care or supervision a juvenile or the child is to
be placed under this Act:
Provided that there shall be at least two members and the parties or
its defence present during the course of hearing for passing an
amendment in relation to any of its order.
(2) Clerical mistakes in orders passed by a competent authority or
errors arising therein from any accidental slip or omission may, at
any time, be corrected by the competent authority either on its own
motion or on an application received in this behalf
56.
Power of competent authority to discharge and transfer juvenile orchild.
56. Power of competent authority to discharge and transfer juvenile
or child.-The competent authority or the local authority may,
notwithstanding anything contained in this Act, at any time, order a
child in need of care and protection or a juvenile in c nflict with
law to be discharged or transferred from one children's home or
special home to another, as the case may be, keeping in view the best
interest of the child or the juvenile, and his natural place of stay,
either absolutely or on such condition as it may think fit to impose:
Provided that the total period of stay of the juvenile or the child in
a children's home or a special home or a fit institution or under a
fit person shall not be increased by such transfer.
57.
Transfer between children's homes, under that Act, and juvenilehomes, of
like nature in different parts of India.
57. Transfer between children's homes, under the Act, and juvenile
homes, of like nature in different parts of India.-The State
Government or the local authority may direct any child or the juvenile
to be transferred from any children's home or special h me outside the
State to any other children's home, special home or institution of a
like nature with the prior intimation to the local Committee or the
Board, as the case may be, and such order shall be deemed to be
operative for the competent authority of the area to which the child
or the juvenile is sent.
58.
Transfer of juvenile or child of unsound mind or suffering fromleprosy
or addicted to drugs.
58. Transfer of juvenile or child of unsound mind or suffering from
leprosy or addicted to drugs.-Where it appears to the competent
authority that any juvenile or the child kept in a special home or a
children's home or shelter home or in an institution n pursuance of
this Act, is suffering from leprosy or is of unsound mind or is
addicted to any narcotic drug or psychotropic substance, the competent
authority may order his removal to a leper asylum or mental hospital
or treatment centre for drug addict or to a place of safety for being
kept there for such period not exceeding the period for which he is
required to be kept under the order of the competent authority or for
such further period as may be certified by the medical officer
necessary for the roper treatment of the juvenile or the child.
59.
Release and absence of juvenile or child on placement.
59. Release and absence of juvenile or child on placement.-(1) When a
juvenile or the child is kept in a children's home or special home and
on a report of a probation officer or social worker or of Government
or a voluntary organisation, as the case may be, the competent
authority may consider, the release of such juvenile or the child
permitting him to live with his parent or guardian or under the
supervision of any authorised person named in the order, willing to
receive and take charge of the juvenil or the child to educate and
train him for some useful trade or calling or to look after him for
rehabilitation.
(2) The competent authority may also permit leave of absence to any
juvenile or the child, to allow him, on special occasions like
examination, marriage of relatives, death of kith and kin or the
accident or serious illness of parent or any emergency of ike nature,
to go on leave under supervision, for maximum seven days, excluding
the time taken in journey.
(3) Where a permission has been revoked or forfeited and the juvenile
or the child refuses or fails to return to the home concerned or
juvenile to which he was directed so to return, the Board may, if
necessary, cause him to be taken charge of and to be aken back to the
concerned home.
(4) The time during which a juvenile or the child is absent from a
concerned home in pursuance of such permission granted under this
section shall be deemed to be part of the time for which he is liable
to be kept in the special home:
Provided that when a juvenile has failed to return to the special home
on the permission being revoked or forfeited, the time which elapses
after his failure so to return shall be excluded in computing the time
during which he is liable to be kept in th institution.
60.
Contribution by parents.
60. Contribution by parents.-(1) The competent authority which makes
an order for sending a juvenile or the child to a children's home or
to a special home or placing the juvenile under the care of a fit
person or fit institution may make an order requir ng the parent or
other person liable to maintain the juvenile or the child to
contribute to his maintenance, if able to do so, in the prescribed
manner according to income.
(2) The competent authority may direct, if necessary, the payment to
be made to poor parent or guardian by the Superintendent or the
Project Manager of the home to pay such expenses for the journey of
the inmate or parent or guardian or both, from the ho e to his
ordinary place of residence at the time of sending the juvenile as may
be prescribed.
61.
Fund.
61. Fund.-(1) The State Government or local authority may create a
Fund under such name as it thinks fit for the welfare and
rehabilitation of the juvenile or the child dealt with under this Act.
(2) There shall be credited to the Fund such voluntary donations,
contributions or subscriptions as may be made by any individual or
organisation.
(3) The Fund created under sub-section (1) shall be administered by
the State advisory board in such manner and for such purposes as may
be prescribed.
62.
Central, State, district and city advisory boards.
62. Central, State, district and city advisory boards.-(1) The
Central Government or a State Government may constitute a Central or a
State advisory board, as the case may be, to advise that Government on
matter relating to the establishment and maintena ce of the homes,
mobilisation of resources, provision of facilities for education,
training and rehabilitation of child in need of care and protection
and juvenile in conflict with law and co-ordination among the various
official and non-official agencie concerned.
(2) The Central or State advisory board shall consist of such persons
as the Central Government or the State Government, as the case may be,
may think fit and shall include eminent social workers,
representatives of voluntary organisation in the field of child
welfare corporate sector, academicians, medical professionals and the
concerned Department of the State Government.
(3) The district or city level inspection committee constituted under
section 35 of this Act shall also function as the district or city
advisory boards.
63.
Special juvenile police unit.
63. Special juvenile police unit.-(1) In order to enable the police
officers who frequently or exclusively deal with juveniles or are
primarily engaged in the prevention of juvenile crime or handling of
more effectively, they shall be specially instructed and trained. the
juveniles or children under this Act to perform their functions
(2) In every police station at least one officer with aptitude and
appropriate training and orientation may be designated as the
'juvenile or the child welfare officer' who will handle the juvenile
or the child in co-ordination with the police.
(3) Special juvenile police unit, of which all police officers
designated as above, to handle juveniles or children will be members,
may be created in every district and city to co-ordinate and to
upgrade the police treatment of the juveniles and the chi dren.
64.
Juvenile in conflict with law undergoing sentence at commencement ofthis Act.
64. Juvenile in conflict with law undergoing sentence at commencement
of this Act.-In any area in which this Act is brought into force, the
State Government or the local authority may direct that a juvenile in
conflict with law who is undergoing any sent nce of imprisonment at
the commencement of this Act, shall, in lieu of undergoing such
sentence, be sent to a special home or be kept in fit institution in
such manner as the State Government or the local authority thinks fit
for the remainder of the per od of the sentence; and the provisions
of this Act shall apply to the juvenile as if he had been ordered by
the Board to be sent to such special home or institution or, as the
case may be, ordered to be kept under protective care under
sub-section (2) of section 16 of this Act.
65.
Procedure in respect of bonds.
65. Procedure in respect of bonds.-Provisions of Chapter XXXIII of
the Code of Criminal Procedure, 1973 (2 of 1974) shall, as far as may
be, apply to bonds taken under this Act.
66.
Delegation of powers.
66. Delegation of powers.-The State Government may, by the general
order, direct that any power exercisable by it under this Act shall,
in such circumstances and under such conditions, if any, as may be
prescribed in the order, be exercisable also by an fficer subordinate
to that Government or the local authority.
67.
Protection of action taken in good faith.
67. Protection of action taken in good faith.-No suit or legal
proceedings shall lie against the State Government or voluntary
organisation running the home or any officer and the staff appointed
in pursuance of this Act in respect of anything which is i good faith
done or intended to be done in pursuance of this Act or of any rules
or order made thereunder.
68.
Power to make rules.
68. Power to make rules.-(1) The State Government may, by
notification in the Official Gazette, make rules to carry out the
purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing powers, such rules may provide for all or any of the
following matters, namely:-
(i) the term of office of the members of the Board and the manner in
which such member may resign under sub-section (4) of section 4;
(ii) the time of the meetings of the Board and the rules of procedure
in regard to the transaction of business at its meeting under
sub-section (1) of section 5;
(iii) the management of observation homes including the standards and
various types of services to be provided by them and the circumstances
in which and the manner in which, the certification of the observation
home may be granted or withdrawn and such ther matters as are referred
to in section 8;
(iv) the management of special homes including the standards and
various types of services to be provided by them and the circumstances
in which and the manner in which, the certification of the special
referred to in section 9; home may be granted or withdrawn and such
other mat ers as are
(v) persons to whom any juvenile in conflict with law may be produced
before the Board and the manner of sending such juvenile, to an
observation home under sub-section (2) of section 10;
(vi) matters relating to removal of disqualification attaching to
conviction of a juvenile under section 19;
(vii) the qualifications of the Chairperson and members, and the
tenure for which they may be appointed under sub-section (3) of
section 29;
(viii) the time of the meetings of the Committee and the rules of
procedure in regard to the transaction of business at its meeting
under sub-section (1) of section 30;
(ix) the manner of making the report to the police and to the
Committee and the manner of sending and entrusting the child to
children's home pending the inquiry under sub-section (2) of section
32;
(x) the management of children's homes including the standards and
nature of services to be provided by them, and the manner in which
certification of a children's home or recognition to a voluntary
organisation may be granted or withdrawn under sub-sect on (2) of
section 34;
(xi) appointment of inspection committees for children's homes, their
tenure and purposes for which inspection committees may be appointed
and such other matters as are referred to in section 35;
(xii) facilities to be provided by the shelter homes under sub-section
(3) of section 37;
(xiii) for carrying out the scheme of foster care programme of
children under sub-section (3) of section 42;
(xiv) for carrying out various schemes of sponsorship of children
under sub-section (2) of section 43;
(xv) matters relating to after-care organisation under section 44;
(xvi) for ensuring effective linkages between various agencies for
facilitating rehabilitation and social integration of the child under
section 45;
(xvii) the purposes and the manner in which the Fund shall be
administered under sub-section (3) of section 61;
(xviii) any other matter which is required to be, or may be,
prescribed.
(3) Every rule made by a State Government under this Act shall be
laid, as soon as may be after it is made, before the Legislature of
that State.
69.
Repeal and savings.
69. Repeal and savings.-(1) The Juvenile Justice Act, 1986 (53 of
1986) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken
under the said Act shall be deemed to have been done or taken under
the corresponding provisions of this Act.
70.
Power to remove difficulties.
70. Power to remove difficulties.-(1) If any difficulty arises in
giving effect to the provisions of this Act, the Central Government
may, by order, not inconsistent with the provisions of this Act,
remove the difficulty:
Provided that no such order shall be made after the expiry of the
period of two years from the commencement of this Act.
(2) However, order made under the section shall be laid, as soon as
may be after it is made, before each House of Parliament.
SUBHASH C. JAIN,
Secy. to the Govt. of India.
