THE JUVENILE JUSTICE (Care and Protection of Children) ACT, 2000

Transcription

1 THE JUVENILE JUSTICE (Care and Protection of Chidren) ACT, 2000 Nationa Institute of Socia Defence Ministry of Socia Justice & Empowerment Government of India

2 CONTENTS DISCLAIMER PAGE NO. Chapter -I PRELIMINARY 1. Short tite, extent and commencement Definitions Continuation of inquiry in respect of 15 juvenie who has ceased to be a juvenie Chapter - II JUVENILE IN CONFLICT WITH LAW 4. Juvenie Justice Board Procedure, etc. in reation to Board Powers of Juvenie Justice Board Procedure to be foowed by a Magistrate not 21 empowered under the Act 8. Observation homes Specia homes Apprehension of juvenie in confict with aw Contro of custodian over juvenie Bai of juvenie Information to parent, guardian or probation officer Inquiry by Board regarding juvenie Order that may be passed regarding juvenie Order that may not be passed against juvenie Proceeding under Chapter VIII of the Code of 26 Crimina Procedure not competent against juvenie 18. No joint proceeding of juvenie and person 27 not a juvenie 19. Remova of disquaification attaching to conviction Specia provision in respect of pending cases Prohibition of pubication of name, etc., of juvenie 27 invoved in any proceeding under the Act 22. Provision in respect of escaped juvenie Punishment for cruety to juvenie or chid Empoyment of juvenie or chid for begging Penaty for giving intoxicating iquor or narcotic 28 drug or psychotropic substance to juvenie or chid 7

3 PAGE NO. 26. Expoitation of juvenie or chid empoyee Specia offences Aternative punishment 29 Chapter - III CHILD IN NEED OF CARE AND PROTECTION 29. Chid Wefare Committee Procedure, etc., in reation to committee Powers of Committee Production before Committee Inquiry Chidren s homes Inspection Socia auditing Sheter homes Transfer Restoration 37 Chapter - IV REHABILITATION AND SOCIAL REINTEGRATION 40. Process of rehabiitation and socia reintegration Adoption Foster care Sponsorship After-care organisation Linkages and co-ordination 43 Chapter - V MISCELLANEOUS 46. Attendance of parent or guardian of juvenie 47 or chid 47. Dispensing with attendance of juvenie or chid Committa to approved pace of juvenie or chid 47 suffering from dangerous diseases and his future disposa 49. Presumption and determination of age Sending a juvenie or chid outside jurisdiction Reports to be treated as confidentia Appeas 48

4 PAGE NO 53. Revision Procedure in inquiries, appeas and revision 49 proceedings 55. Power to amend orders Power of competent authority to discharge and 50 transfer juvenie or chid 57. Transfer between chidren s homes, under the Act, 50 and juvenie homes, of ike nature in different part of India 58. Transfer of juvenie of chid of unsound mind or 50 sufffering from eprosy or addicted to drugs 59. Reease and absence of juvenie or chid on pacement Contribution by parents Fund Centra, state, district and city advisory boards Specia juvenie poice unit Juvenie in confict with aw undergoing sentence 53 at commencement of this Act 65. Procedure in respect of bonds Deegation of power Protection of action taken in good faith Power to make rues Repea and savings Power to remove difficuties 55

5 DISCLAIMER The text of this pubication has been taken from The Gazette of India No.70: The Juvenie Justice (Care & Protection of Chidren) Act 2000 No.56 of 2000 pubished by the Legisative Department of Ministry of Law, Justice and Company Affairs after receiving the th assent of the President of India on 30 December No change or addition has been made in origina text of the Act, however some burbs have been incuded to highight important provisions of various sections. The Centra Mode Rues under the Juvenie Justice (Care & Protection of Chidren) Act, 2000 notified nd by the Ministry of Socia Justice & Empowerment on 22 June 2001 has aso been referred for providing additiona information. Whie designing and pubishing this book, athough every care has been taken, however errors or omissions may have crept in. This pubication is for free distribution by Nationa Institute of Socia Defence, Ministry of Socia Justice & Empowerment for faciitating wide dissemination of reevent information for effective impementation of the Juvenie Justice (Care & Protection of Chidren) Act, Nationa Institute of Socia Defence Ministry of Socia Justice & Empowerment Government of India

6 THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000 (Act No. 56 of 2000) [30th December 2000] An Act to consoidate and amend the aw reating to juvenies in confict with aw and chidren in need of care and protection, by providing for proper care, protection and treatment by catering to their deveopment needs, and by adopting a chid-friendy approach in the adjudication and disposition of matters in the best interest of chidren and for their utimate rehabiitation through various institutions estabished under this enactment. WHEREAS the Constitution has, in severa provisions, incuding cause (3) of artice 15, causes (e) and (f) of artice 39, artices 45 and 47, impose on the State a primary responsibiity of ensuring that a the needs of chidren are met and that their basic human rights are fuy protected; AND WHEREAS, the Genera Assemby of the United Nations has adopted the Convention on the Rights of the Chid on the 20th November, 1989; AND WHEREAS, the Convention on the Rights of the Chid has prescribed a set of standards to be adhered to by a State parties in securing the best interests of the chid; The Convention on the Right of the Chid ays down AND WHEREAS, the Convention on the Rights of four vsets of rights for the the Chid emphasises socia reintegration of chid: chid victims, to the extent possibe, without The Right to Surviva resorting to judicia proceedings; The Right to Protection AND WHEREAS, the Government of India has ratified the Convention on the 11th The Right to Deveopment December,1992; The Right to Participation AND WHEREAS, it is expedient to re-enact the existing aw reating to juvenies bearing in mind the standards prescribed in the Convention on the Rights of the Chid, the United Nations Standard Minimum Rues for the Administration of Juvenie Justice, 1985 (the Beijing rues), the United Nations Rues for the Protection of Juvenies Deprived of their Liberty (1990), and a other reevant internationa instruments. Be it enacted by Pariament in the Fifty-firstYear of the Repubic of India as foows:- 9

7 CHAPTER - I Preiminary

8 Preiminary 1. Short tite, extent and commencement.- (1) This Act may be caed the Juvenie Justice (Care and Protection of Chidren) Act, (2) It extends to the Whoe of India except the State of Jammu and Kashmir. (3) It sha come into force on such date as the Centra Government may, by notification in the Officia Gazette, appoint. 2. Definitions- In this Act, uness the context otherwise requires,- a. "advisory board" means a Centra or a state advisory board or a district and city eve advisory board, as the case may be, constituted under section 62; B. "Begging" means- i. soiciting or receiving ams in a pubic pace or entering into any private premises for the purpose of soiciting or receiving ams, whether under any pretence; ii. exposing or exhibiting with the object of obtaining or extorting ams, any sore, wound, injury, deformity or disease, whether of himsef or of any other person or of an anima; c. "Board" means a Juvenie Justice Board constituted under section 4; d. "chid in need of care and protection" means a chid - i. who is found without any home or setted pace or abode and without any ostensibe means of subsistence, ii. who resides with a person (whether a guardian of the chid or not) and such persona. has threatened to ki or injure the chid and there is a reasonabe ikeihood of the threat being carried out, or b. has kied, abused or negected some other chid or chidren and there is a reasonabe ikeihood of the chid in question being kied, abused or negected by that person, iii. who is mentay or physicay chaenged or i chidren or chidren suffering from termina diseases or incurabe diseases having no one to support or ook after, iv. who has a parent or guardian and such parent or guardian is unfit 13

9 Preiminary or incapacitated to exercise contro over the chid, v. who does not have parent and no one is wiing to take care of or whose parents have abandoned him or who is missing and run away chid and whose parents cannot be found after reasonabe inquiry, vi. who is being or is ikey to be grossy abused, tortured or expoited for the purpose of sexua abuse or iega acts, vii. who is found vunerabe and is ikey to be inducted into drug abuse or trafficking, viii. who is being or is ikey to be abused for unconscionabe gains, ix. who is victim of any armed confict, civi commotion or natura caamity; e. "chidren's home" means an institution estabished by a State Government or by vountary organisation and certified by that Government under section 34; f. "Committee" means a Chid Wefare Committee constituted under section 29; g. "competent authority" means in reation to chidren in need of care and protection a Committee and in reation to juvenies in confict with aw a Board; h. "fit institution" means a governmenta or a registered nongovernmenta organisation or a vountary organisation prepared to own the responsibiity of a chid and such organisation is found fit by the competent authority; i. "fit person" means a person, being a socia worker or any other person, who is prepared to own the responsibiiy of a chid and is found fit by the competent authority to receive and take care of the chid; j. "guardian", in reation to a chid, means his natura guardian or any other person having the actua charge or contro over the chid and recognised by the competent authority as a guardian in course of proceedings before that authority; k. "juvenie" or "chid" means a person who has not competed eighteenth year of age;. "juvenie in confict with aw" means a juvenie who is aeged to have committed an offence; m. "oca authority" means Panchayats at the viage and Zia Parishad at the district eve and sha aso incude a Municipa Committee or Corporation or a Cantonment Board or such other body egay entited to function as oca authority by the Government; 14

10 Preiminary n. "narcotic drug" and "psychotropic substance" sha have the meanings respectivey assigned to them in the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); o. "observation home" means a home estabished by a State Government or by a vountary organisation and certified by that State Government under section 8 as an observation home for the juvenie in confict with aw; p. "offence" means an offence punishabe under any aw for the time being in force; q. "pace of safety" means any pace or institution (not being a poice ock-up or jai), the person incharge of which is wiing temporariy to receive and take care of the juvenie and which, in the opinion of the competent authority, may be a pace of safety for the juvenie; r. "prescribed" means prescribed by rues 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. "pubic pace" sha have the meaning assigned to it in the Immora Traffic (Prevention) Act, 1956 (104 of 1956); u. "sheter home" means a home or a drop-in-centre set up under section 37; v. "specia home" means an institution estabished by a State Governmentor by a vountary organisation and certified by that Government under section 9; w. "specia juvenie poice unit" means a unit of the poice force of a State designated for handing of juvenies or chidren under section 63; x. "State Government", in reation to a Union territory, means the Administrator of that Union territory appointed by the President under artice 239 of the Constitution; y. a words and expressions used but not defined in this Act and defined in the Code of Crimina Procedure, 1973 (2 of 1974), sha have the meanings respectivey assigned to them in that code. 3. Continuation of Inquiry in respect of juvenie who has ceased to be a juvenie.- 15 Where an inquiry has been initiated against a juvenie in confict with aw or a chid in need of care and protection and during the course of such inquiry the juvenie or the chid ceases to be such, then, notwithstanding anything contained in this Act or in any other aw 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 juvenie or a chid.

11 CHAPTER - II Juvenie in Confict with Law

12 Juvenie in Confict with Law...is a chid who is aeged to have committed an offence 4. Juvenie Justice Board : (1) Notwithstanding anything contained in the Code of Crimina Procedure, 1973 (2 of 1974), the State Government may, by notification in the Officia Gazette, constitute for a district or a group of districts specified in the notification, one or more Juvenie Justice Boards for exercising the powers and discharging the duties conferred or imposed on such Boards in reation to juvenies in confict with aw under this act. (2) A Board sha consist of a Metropoitan Magistrate or a Judicia Magistrate of the first cass, as the case may be, and two socia workers of whom at east one sha be a woman, forming a Bench and every such Bench sha have the powers conferred by the Code of Crimina Procedure, 1973 (2 of 1974), on a Metropoitan Magistrate or, as the case may be, a Judicia Magistrate of the first cass and the Magistrate on the Board sha be designated as the principa Magistrate. v (3) No Magistrate sha be appointed as a Magistrate to have member of the Board uness he has specia knowedge or specia knowedge or training in chid training in chid psychoogy or chid wefare and no psychoogy or chid wefare. socia worker sha be appointed as a member of the Board uness he has been activey invoved in heath, education, or wefare activities pertaining to chidren for at east seven years. (4) The term of office of the members of the Board and the manner in which such member may resign sha be such as may be prescribed. (5) The appointment of any member of the Board may be terminated after hoding inquiry, by the State Government, if - i. he has been found guity of misuse of power vested under this act, ii. he has been convicted of an offence invoving mora turpitude, and such conviction has not been reversed or he has not been granted fu pardon in respect of such offence, Appointed by the State Government to dea with matters reating to juvenies in confict with aw. Pane of Metropoitan Magistrate or Judicia Magistrate of the first cass and two socia workers of whom at east one sha be a women. 19

13 Juvenie in Confict with Law iii. he fais to attend the proceedings of the Board for consecutive three months without any vaid reason or he fais to attend ess than threefourth of the sittings in a year. 5. Procedure, etc. in reation to Board : (1) The Board sha meet at such times and sha, observe such rues of procedure in regard to the transaction of business at its meetings, as may be prescribed. (2) A chid in confict with aw may be produced before an individua 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 sha be invaid by reason ony of the absence of any member during any stage of proceedings: v Provided that there sha be at east two members incuding the principa Opinion of majority wi Magistrate present at the time of fina prevai. In absence of disposa of the case. majority, opinion of magistrate wi prevai. (4) In the event of any difference of opinion among the members of the Board in the interim or fina disposition, the opinion of the majority sha prevai, but where there is no such majority, the opinion of the principa Magistrate, sha prevai. 6. Powers of Juvenie Justice Board : (1) Where a Board has been constituted for any district or a group of districts, such Board sha, notwithstanding anything contained in any other aw for the time being in force but save as otherwise expressy provided in this Act, have power to dea excusivey with a proceedings under this Act, reating to juvenie in confict with aw. (2) The powers conferred on the Board by or under this Act may aso be exercised by the High Court and the Court of Session, when the proceedings comes before them in appea, revision or otherwise. Juvenie in confict with aw to be produced before JJB/a member of JJB when JJB not sitting JJB may act and pass orders in the absence of any member. At east two members incuding Magistrate to be present at time of fina disposa of case 20

14 Juvenie in Confict with Law 7. Procedure to be foowed 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 (other than for the purpose of giving evidence), is a juvenie or the chid, he sha without any deay record such opinion and forward the juvenie or the chid, and the record of the proceeding to the competent authority having jurisdiction over the proceeding. (2) The competent authority to which the proceeding is forwarded under sub-section sha hod the inquiry as if the juvenie or the chid had originay been brought before it. 8. Observation homes : (1) Any State Government may estabish and maintain either by itsef or under an agreement with vountary organisations, observation homes in every district or a group of districts, as may be required for the temporary reception of any juvenie in confict with aw 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 estabished or maintained under sub-section (1), is fit for the temporary reception of juvenie in confict with aw during the pendency of any inquiry regarding them under this Act, it may certify such institution as an observation home for purposes of this Act. (3) The State Government may, by rues made under this Act, provide for the management of observation homes, incuding the standards and various types of services to be provided by them for rehabiitation and socia integration of a juvenie, and the circumstances under which, and the manner in which, the certification of an observation home may be granted or withdrawn. (4) Every juvenie who is not paced under the charge of parent or guardian and is sent to an observation home sha be initiay kept in a reception unit of the observation home for preiminary inquiries, care and Estabiished and maintained by State Govt./Vountry organisations in every dist. or group of Districts. For vtemporary reception of juvenie in confict with aw during the predency of enquiry. Care and Casification for juvenie according to his/her age group. 21

15 Juvenie in Confict with Law cassification for juvenies according to his age group, such as seven to tweve years, tweve to sixteen years and sixteen to eighteen years, giving due considerations to physica and menta status and degree of the offence committed, for further induction into observation home. 9. Specia Homes : (1) Any State Government may estabish and maintain either by itsef or under an agreement with vountary organisations, specia homes in every district or a group of districts, as may be required for reception and rehabiitation of juvenie in confict with aw under this Act. (2) Where the State Government is of opinion that any institution other than a home estabished or maintained under sub-section (1), is fit for the reception of juvenie in confict with aw to be sent there under this Act, it may certify such institution as a specia home for the purposes of this Act. (3) The State Government may, by rues made under this Act, provide for the management of specia homes, incuding the standards and various types of services to be provided by them which are necessary for resociaisation of a juvenie, and the circumstances under which and the manner in which, the certification of a specia home may be granted or withdrawn. (4) The rues made under sub-section (3) may aso provide for the cassification and separation of juvenie in confict with aw on the basis of age and the nature of offences committed by them and his menta and physica status. 10. Apprehension of juvenie in confict with aw.- 22 (1) As soon as a juvenie in confict with aw is apprehended by poice, he sha be paced under the charge of the specia juvenie poice unit or the designated poice officer who sha immediatey report the matter to a member of the Board. (2) The State Government may make rues consistent with this Act,- i. to provide for persons through whom ( incuding registered vountary organisations) any juvenie in confict with aw may be produced before the Board; Estabiished and maintained by State Govt./Vountry organisations in every dist. or group of Districts. For reception and rehabiitation vof juvenie in confict with aw. Casification and seperation of juvenie on the basis of age, nature of offence and his/her menta and physica status.

16 Juvenie in Confict with Law ii. to provide the manner in which such juvenie may be sent to an observation home. 11. Contro of custodian over juvenie.- Any person in whose charge a juvenie is paced in pursuance of this Act sha, whie the order is in force have the contro over the juvenie as he woud have if he were his parents, and sha be responsibe for his maintenance, and the juvenie sha continue in his charge for the period stated by competent authority, notwithstanding that he is caimed by his parents or any other person. 12. Bai of juvenie.- (1) When any person accused of a baiabe or non-baiabe offence, and apparenty a juvenie, is arrested or detained or appears or is brought before a Board, such person sha, notwithstanding anything contained in the Code of Crimina Procedure, 1973 (2 of 1974) or in any other aw for the time being in force, be reeased on bai with or without surety but he sha not be so reeased if there appear reasonabe grounds for beieving that the reease is ikey to bring him into association with any known crimina or expose him to mora, physica or psychoogica danger or that his reease woud defeat the ends of justice. (2) When such person having been arrested is not reeased on bai under sub-section (1) by the officer incharge of the poice station, such officer sha cause him to be kept ony in an observation home in the prescribed manner unti he can brought before a Board. (3) When such person is not reeased on 23 A Juvenie : Must be reeased on bai irrespective of the offence May be reeased on bai with or without surety. May not be reease on bai ony if - - reease bring him into an association with a crimina - exposes juvenie to mora, physica or psychoogica vdanger - defeats the end of justice Not reeased on bai must be kept in the observation home/pace of safety pending inquiry bai under sub-section (1) by the Board it sha, instead of committing him to prison, make an order sending him to an observation home or a pace of safety for such period during the pendency of the inquiry regarding him as may be specified in the order.

17 Juvenie in Confict with Law 13.Information to parent, guardian or probation officer.- Where a juvenie is arrested, the officer incharge of the poice station or the specia juvenie poice unit to which the juvenie is brought sha, as soon as may be after the arrest, inform- (a) the parent or guardian of the juvenie, if he can be found, of such arrest and direct him to be present at the Board before which the juvenie wi appear; and (b) the probation officer of such arrest to enabe him to obtain information regarding the antecedents and famiy background of the juvenie and other materia circumstances ikey to be of assistance to the Board for making the inquiry. 14. Inquiry by Board regarding juvenie.- Where a juvenie having been charged with the offence is produced before a Board, the Board sha hod the inquiry in accordance with the provisions of this Act and may make such order in reation to the juvenie as it deems fit: Provided that an inquiry under this section sha be competed within a period of four months from the date of its commencement, uness the period is extended by the Board having regard to the circumstances of the case and in specia cases after recording the reasons in writing for such extension. 15.Order that may be passed regarding juvenie.- (1) Where a Board is satisfied on inquiry that a juvenie has committed an offence, then notwithstanding anything to the contrary contained in any other aw for the time being in force, the Board may, if it thinks so fit,- (a) aow the juvenie to go home after advice or admonition foowing appropriate inquiry against and counseing to the parent or the guardian and the juvenie; (b) direct the juvenie to participate in group counseing and simiar activities; (c) order the juvenie to perform community service; Inquiry to be competed within 4 months (d) order the parent of the juvenie or the juvenie himsef to pay a fine, if he is over fourteen years of age and earns money; (e) direct the juvenie to be reeased on probation of good conduct and paced 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, for the good behaviour and we-being of the juvenie for any period not exceeding three years; } ~ 24

18 Juvenie in Confict with Law (f) direct the juvenie to be reeased on probation of good conduct and paced under the care of any fit institution for the good behaviour and JJB may pass the foowing we-being of the juvenie for any orders : period not exceeding three years; (g) make an order directing the juvenie to be sent to a specia home,- i. in the case of juvenie, over seventeen years but ess than eighteen years of age for a period of not ess than two years; ii. in case of any other juvenie for the period unti he ceases to be a juvenie : 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 sha obtain the socia investigation report on juvenie either through a probation officer or a recognised vountary organisation or otherwise, and sha take into consideration the findings of such report before passing an order. (3) Where an order under cause (d), cause (e) or cause (f) of sub-section (1) is made, the Board may, if it is of opinion that in the interests of the juvenie and of the pubic, it is expedient so to do, in addition make an order that the juvenie in confict with aw sha 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 the due supervision of the juvenie in confict with aw. 25 Counse parents/ guardian, and the chid Advise/admonish/reease the chid; Advise the chid to : - Partcipate in the group counseing and simiar activities - Perform community service Payment of fine, if juvenie vis above 14 years of age and earns money; Reease on probation of good conduct, and pace under care of parent/ guardian or other fit person or fit institution; Direct the juvenie to be sent to a Specia Home Provided that if at any time afterwards it appears to the Board on receiving a report from the probation officer or otherwise, that the juvenie in confict with aw has not been of good behaviour during the period of supervision or that the fit institution under whose care the juvenie was paced is no onger abe or wiing to ensure the good behaviour and we-being of the juvenie it may, after making such inquiry as it deems fit, order the juvenie in confict with aw to be sent to a specia home.

19 Juvenie in Confict with Law 4. The Board sha whie making a supervision order under sub-section (3), expain to the juvenie and the parent, guardian or other fit person or fit institution, as the case may be, under whose care the juvenie has been paced, the terms and conditions of the order sha forthwith furnish one copy of the supervision order to the juvenie, 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 juvenie.- (1) Notwithstanding anything to the contrary contained in any other aw f o r the time being in force, no juvenie in confict with aw sha be sentenced to death or ife imprisonment, or committed to prison in defaut of payment of fine or in defaut of furnishing security : Provided that where a juvenie 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 woud not be in his interest or in the interest of other juvenie in a specia home to send him to such specia A Juvenie : Cannot be sentenced to death/ife imprisonment/ committed to prison v Cannot be charged with/tried for offence with an adut JJB cannot pass orders seeking security for good behaviour, etc. home and that none of the other measures provided under this Act is suitabe or sufficient, the Board may order the juvenie in confict with aw to be kept in such pace of safety and in such manner as it thinks fit and sha 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 juvenie as it deems proper and may order such juvenie to be kept under protective custody at such pace and on such conditions as it thinks fit : Provided that the period of detention so ordered sha not exceed the maximum period of imprisonment to which the juvenie coud have been sentenced for the offence committed. 17.Proceeding under Chapter VIII of the Code of Crimina Procedure not competent against juvenie.- 26 Notwithstanding anything to the contrary contained in the Code of Crimina Procedure, 1973 (2 of 1974) no proceeding sha be instituted and no order sha be passed against the juvenie under Chapter VIII of the said Code.

20 Juvenie in Confict with Law 18. No joint proceeding of juvenie and person not a juvenie.- (1) Notwithstanding anything contained in section 223 of the Code of Crimina Procedure, 1973 (2 of 1974) or in any other aw for the time being in force, no juvenie sha be charged with or tried for any offence together with a person who is not a juvenie. (2) If a juvenie is accused of an offence for which under section 223 of the Code of Crimina Procedure, 1973 (2 of 1974) or any other aw for the time being in force, such juvenie and any person who is not a juvenie woud, but for the prohibition contained in sub-section (1), have been charged and tried together, the Board taking cognizance of that offence sha direct separate trias of the juvenie and the other person. 19. Remova of disquaification attaching to conviction.- (1) Notwithstanding anything contained in any other aw, a juvenie who has committed an offence and has been deat with under the provisions of this Act sha not suffer disquaification, if any, attaching to a conviction of an offence under such aw. (2) The Board sha make an order directing that the reevant records of such conviction sha be removed after the expiry of the period of appea or a reasonabe period as prescribed under the rues, as the case may be. 20. Specia provision in respect of pending cases.- Notwithstanding anything contained in this Act, a proceedings in respect of a juvenie pending in any court in any area on the date on which this Act comes into force in that area, sha be continued in that court as if this Act had not been passed and if the court finds that the juvenie has committed an offence, it sha record such finding and instead of passing any sentence in respect of the juvenie, forward the juvenie to the Board which sha pass orders in respect of that juvenie in accordance with the provisions of this Act as if it had been satisfied on inquiry under this Act that a juvenie has committed the offence. 21.Prohibition of pubication of name, etc., of juvenie invoved in any proceeding under the Act.- (1) No report in any newspaper, magazine, news-sheet or visua media of any inquiry regarding a juvenie in confict with aw under this Act sha discose the name, address or schoo or any other particuars cacuated to ead to the identification of the juvenie nor sha any picture of any such juvenie be pubished : Provided that for reasons to be recorded in writing the authority hoding 27

21 Juvenie in Confict with Law the inquiry may permit such discosure, if in its opinion such discosure is in interest of the juvenie. (2) Any person contravening the provisions of sub-section (1) sha be punishabe with fine, which may extend to one thousand rupees. 22. Provision in respect of escaped juvenie.- Notwithstanding anything to the contrary contained in any other aw for the time being in force, any poice officer may take charge without warrant of a juvenie in confict with aw who has escaped from a specia home or an observation home or from the care of a person under whom he was paced under this Act, and sha be sent back to the specia home or the observation home or that person, as the case may be; and no proceeding sha be instituted in respect of the juvenie by reason of such escape, but the specia home, or the observation home or the person may, after giving the information to the Board which passed the order in respect of the juvenie, take such steps in respect of the juvenie as may be deemed necessary under the provisions of this Act. 23. Punishment for cruety to juvenie or chid.- Whoever, having the actua charge of, or contro over, a juvenie or the chid, assauts, abandons, exposes or wifuy negects the juvenie or causes or procures him to be assauted, abandoned, exposed or negected in a manner ikey to cause such juvenie or the chid unnecessary menta or physica suffering sha be punishabe with imprisonment for a term which may extend to six months, or fine, or with both. 24. Empoyment of juvenie or chid for begging.- (1) Whoever empoys or uses any juvenie or the chid for the purpose or causes any juvenie to beg sha be punishabe with imprisonment for a term which may extend to three years and sha aso be iabe to fine. (2) Whoever, having the actua charge of, or contro over, a juvenie or the chid abets the commission of the offence punishabe under sub-section (1), sha be punishabe with imprisonment for a term which may extend to one year and sha aso be iabe to fine. 25.Penaty for giving intoxicating iquor or narcotic drug or psychotropic substance to juvenie or chid.- 28 Whoever gives, or causes to be given, to any juvenie or the chid any intoxicating iquor in a pubic pace or any narcotic drug or psychotropic substance except upon the order of duy quaified medica practitioner or in case of sickness sha be punishabe with imprisonment for a term which may extend to three years and sha be iabe to fine.

22 Juvenie in Confict with Law 26. Expoitation of juvenie or chid empoyee.- Whoever ostensiby procures a juvenie or the chid for the purpose of any hazardous empoyment keeps him in bondage and withhods his earnings or uses such earning for his own purposes sha be punishabe with imprisonment for a term which may extend to three years and sha be iabe to fine. 27. Specia offences.- The offences punishabe under sections 23, 24, 25 and 26 sha be cognizabe. 28. Aternative punishment.- Where an act or omission constitute an offence punishabe under this Act and aso under any other Centra or State Act, then, notwithstanding anything contained in any aw for the time being in force, the offender found guity of such offences sha be iabe to punishment ony under such Act as provides for punishment which is greater in degree. 29

23 CHAPTER - III Chid in need of Care and Protection

24 Chid in need of Care and Protection... are chidren who are negected, abused, abandoned and victim of any armed confict or natura caamities. 29. Chid Wefare Committee.- (1) The State Government may, by notification in Officia Gazette, constitute for every district or group of districts, specified in the notification, one or more Chid Wefare Committees for exercising the powers and discharge the duties conferred on such Committees in reation to chid in need of care and protection under this Act. (2) The Committee sha consist of a Chairperson and four other members as the State Government may think fit to appoint, of whom at east one sha be a woman and another, an expert on matters concerning chidren. (3) The quaifications of the Chairperson and the members, and the tenure for which they may be appointed sha be such as may be prescribed. (4) The appointment of any member of the Committee may be terminated, after hoding inquiry, by the State Government, ifi. he has been found guity of misuse of power vested under this Act; ii. he has been convicted of an offence invoving mora turpitude, and such conviction has not been reversed or he has not been granted fu pardon in respect of such offence; iii. he fais to attend the proceedings of the Committee for consecutive three months without any vaid reason or he fais to attend ess than three-fourth of the sittings in a year. (5) The Committee sha function as a Bench of Magistrates and sha have the powers conferred by the Code of Crimina Procedure, 1973 (2 of 1974) on a Metropoitan Magistrate or, as the case may be, a Judicia Magistrate of the first cass. Appointed by State Govt. to dea with matters reated to chidren is need care & protection Consists of 5 members incuding a chairperson. 1 of 4 members to be a women and another expert of matters concerning chidren. v to function as a bench of magistrates and to have power conferred by CrPC on a metropoition magistrate or a judicia magistrate of the first cass. 33

25 Chid in need of Care and Protection 30. Procedure, etc., in reation to Committee.- (1) The Committee sha meet at such times and sha observe such rues of procedure in regard to the transaction of business at its meetings, as may be prescribed. (2) A chid in need of care and protection may be produced before an individua member for being paced 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 sha prevai but where there is no such majority the opinion of the chairperson sha prevai. (4) Subject to the provisions of subsection (1), the Committee may act, notwithstanding the absence of any member of the Committee, and no order made by the Committee sha be invaid by reason ony of the absence of any member during any stage of the proceeding. 31. Powers of Committee.- (1) The Committee sha have the fina authority to dispose of cases for the care, protection, treatment, deveopment and rehabiitation of the chidren as we as to provide for their basic needs and protection of human rights. (2) Where a Committee has been constituted for any area, such Committee sha, notwithstanding anything contained in any other aw for the time being in force but save as otherwise expressy provided in this Act, have the power to dea excusivey with a proceedings under this Act reating to chidren in need of care and protection. 32. Production before Committee.- (1) Any chid in need of care and protection may be produced before the Committee by one of the foowing persons :- (i) any poice officer or specia juvenie poice unit or a designated poice officer; A chid in need of care & protection to be produced before CWC/a member, when CWC not sitting. Opinion of majority to prevai vin case of difference of opinion. In absence of majority opinion of chairperson wi prevai. CWC may act and pass orders in absence of any member. 34

26 Chid in need of Care and Protection (ii) any pubic servant; (iii) chidine, a registered vountary organisation or by such other vountary organisation or an agency as may be recognised by the State Government; (iv) any socia worker or a pubic spirited citizen authorised by the State Government; or (v) by the chid himsef. (2) The State Government may make rues consistent with this Act to provide for the manner of making the report to the poice and to the Committee and the manner of sending and entrusting the chid to chidren's home pending the inquiry. 33. Inquiry.- (1) On receipt of a report under section 32, the Committee or any poice officer or specia juvenie poice unit or the designated poice officer sha hod an inquiry in the prescribed manner and the Committee, on its own or on the report from any person or agency as mentioned in sub-section (1) of section 32, may pass an order to send the chid to the chidren's home for speedy inquiry by a socia worker or chid wefare officer. CWC may pass an order vto send the chid to the chidren s home for speedy inquiry by a socia workers/chid wefare officer Inquiry to be competed wthin 4 months of the (2) The inquiry under this section sha be receipt of the order. competed 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 competion of the inquiry if the Committee is of the opinion that the said chid has no famiy or ostensibe support, it may aow the chid to remain in the chidren's home or sheter hometisuitabe rehabiitation is found for him or ti he attains the age of eighteen years. CWC/any poice officer/spju/designated poice officer to hod inquiry 35

27 Chid in need of Care and Protection 34. Chidren's homes.- (1) The State Government may estabish and maintain either by itsef or in association with vountary organisations, chidren's homes, in every district or group of districts, as the case may be, for the reception of chid in need of care and protection during the pendency of any inquiry and subsequenty for their care, treatment, education, training, deveopment and rehabiitation. (2) The State Government may, by rues made under this Act, provide for t h e management of chidren's homes incuding the standards and the nature of services to be provided by them, and the circumstances under which, and the manner in which, the certification of a chidren's home or recognition to a vountary organisation may be gr an te d or wi th drawn. 35. Inspection.- (1) The State Government may appoint inspection committees for the chidren'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 may be prescribed. (2) The inspection committee of a State, district or of a city sha consist of such number of representatives from the State Government, Loca Authority, Committee, vountary organisations and such other medica experts and socia workers as may be prescribed. 36. Socia auditing.- The Centra Government or State Government may monitor and evauate the functioning of the chidren's homes at such period and through such persons and institutions as may be specified by that Government. 37. Sheter homes.- 36 (1) The State Government may recognise, reputed and capabe vountary organisations and provide them assistance to set up and administer as many sheter homes for juveniesor chidren as may be required. Estebished and maintained by State Govt./vountary organisations in every Dist. or group of Dist. For reception of chidren in need of care & protection during pending vof enquiry. For care, treatment, education, training, deveopment and rehebiitation of chidren in need of care & protection } Inspection committees to ensure transparency in functioning of chidren s home ~

28 Chid in need of Care and Protection (2) The sheter homes referred in subsection.-(1) sha function as drop-incentres for the chidren in the need of urgent support who have been brought to such homes through such persons as are referred to in subsection (1) of section 32. (3) As far as possibe, the sheter homes sha have such faciities as may be prescribed by the rues. 38. Transfer.- (1) If during the inquiry it is found that the chid hais from the pace outside the jurisdiction of the Committee, the Committee sha order the transfer of the chid to the competent authority having jurisdiction over t h e pace of residence of the chid. (2) Such juvenie or the chid sha be escorted by the staff of the home in which he is odged originay. (3) The State Government may make rues to provide for the traveing aowance to be paid to the chid. 39. Restoration.- (1) Restoration of and protection to a chid sha be the prime objective of any chidren's home or the sheter home. (2) The chidren's home or a sheter home, as the case may be, sha take such steps as are considered necessary for the restoration of and protection to a chid deprived of his famiy environment temporariy or permanenty where such chid is under the care and protection of a chidren's home or a sheter home, as the case may be. (3) The Committee sha have the powers to restore any chid in need of care and protection to his parent, guardian, fit person or fit institution, as the case may be, and give them suitabe directions. To function as drop in centres vfor chidren in need of urgent support. Estabished and maintained by vountary organisation recognised by State Govt. } Restoration and protection to a chid is the prime objective of chidren/ sheter home ~ Expanation.- For the purposes of this section "restoration of chid" means restoration to- (a) Parents; (b) adopted parents; (c) foster parents. 37

29 CHAPTER - IV Rehabiitation and Socia Reintegration

30 Rehabiitation and Socia Reintegration 40.Process of rehabiitation and socia reintegration.- The rehabiitation and socia reintegration of a chid sha begin during the stay of the chid in a chidren's home or specia home and the rehabiitation and socia reintegration of chidren sha be carried out aternativey by (i) adoption, (ii) foster care, (iii) sponsorship, and (iv) sending the chid to an aftercare organisation. 41. Adoption.- (1) The primary responsibiity for providing care and protection to chidren sha be that of his famiy. (2) Adoption sha be resorted to for the rehabiitation of such chidren as are orphaned, abandoned, negected and abused through institutiona and non-institutiona methods. (3) In keeping with the provisions of the various guideines for adoption issued from time to time by the State Government, the Board sha be empowered to give chidren in adoption and carry out such investigations as are required or giving chidren in adoption in accordance with the guideines issued by the State Government from time to time in this regard. (4) The chidren's homes or the State Government run institutions for orphans sha be recognised as an adoption agencies both for scrutiny and pacement of such chidren for adoption in accordance with the guideines issued under sub-section (3). (5) No chid sha be offered for adoptiona. unti two members of the Committee decare the chid egay free for pacement in the case of abandoned chidren, b. ti the two months period for reconsideration by the parent is over in the case of surrendered chidren, and } Adoption, foster care, sponsorship & after care to be used as aternatives for rehabiitation and socia reintegration ~ CWC to decare a chid egay free for adoption JJB empowered to give chidren in adoption and carry out investigation v Chid consent to be taken before offering him/her for adoption if the chid can understand and express his/her consent. 41

31 Rehabiitation and Socia reintegration c. without his consent in the case of a chid who can understand and express his consent. (6) The Board may aow a chid to be given in adoptiond. to a singe parent, and e. to parents to adopt a chid of same sex irrespective of the number of iving bioogica sons or daughters. 42. Foster care.- (1) The foster care may be used for temporary pacement of those infants who are utimatey to be given for adoption. (2) In foster care, the chid may be paced in another famiy for a short or extended period of time, depending upon the circumstances where the chid's own parent usuay visit reguary and eventuay after the rehabiitation, where the chidren may return to their own homes. (3) The State Government may make rues for the purposes of carrying out the scheme of foster care programme of chidren. 43. Sponsorship. - (1) The sponsorship programme may provide suppementary support to famiies, to chidren's homes and to specia homes to meet medica, nutritiona, educationa and other needs of the chidren with a view to improving their quaity of ife. (2) The State Government may make rues for the purposes of carrying out various schemes of sponsorship of chidren, such as individua to individua sponsorship, group sponsorship or community sponsorship. 44. After-care organisation.- 42 The State Government may, by rues made under this Act, provide- (a) for the estabishment 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 foowed by such organisations for the purpose of taking care of juvenies or the chidren after they eave specia homes, chidren homes and for the purpose of enabing them to ead an honest, industrious and usefu ife; (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 juvenie or the chid prior to his discharge from a specia home, chidren's home, regarding the necessity and nature of after-care of

32 Rehabiitation and Socia reintegration such juvenie or of a chid, 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 juvenie or the chid; (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 carryout out the scheme of after-care programme for the juvenie or the chid : Provided that any rue made under this section sha not provide for such juvenie or chid to stay in the after-care organisation for more than three years : Provided further that a juvenie or chid over seventeen years of age but ess than eighteen years of age woud stay in the after-care organisation ti he attains the age of twenty years. 45. Linkages and co-ordination - The State Government may make rues to ensure effective inkages between various governmenta, non-governmenta, corporate and other community agencies for faciitating the rehabiitation and socia reintegration of the chid. 43

33 CHAPTER - V Misceaneous

34 Misceaneous 46. Attendance of parent or guardian of juvenie or chid.- Any competent authority before which a juvenie or the chid is brought under any of the provisions of this Act, may, whenever it so thinks fit, require any parent or guardian having the actua charge of or contro over the juvenie or the chid to be present at any proceeding in respect of the juvenie or the chid. 47. Dispensing with attendance of juvenie or chid.- If, at any stage during the course of an inquiry, a competent authority is satisfied that the attendance of the juvenie or the chid is not essentia for the purpose of inquiry, the competent authority may dispense with his attendance and proceed with the inquiry in the absence of the juvenie or the chid. 48. Committa to approved pace of juvenie or chid suffering from dangerous diseases and his future disposa.- (1) When a juvenie or the chid who has been brought before a competent authority under this Act, is found to be suffering from a disease requiring proonged medica treatment or physica or menta compaint that wi respond to treatment, the competent authority may send the juvenie or the chid to any pace recognised to be an approved pace in accordance with the rues made under this Act for such period as it may think necessary for the required treatment. (2) Where a juvenie or the chid is found to be suffering from eprosy, sexuay transmitted disease, Hepatitis B, open cases of Tubercuosis and such other diseases or is of unsound mind, he sha be deat with separatey through various speciaised referra services or under the reevant aws as such. } A juvenie chid suffering from Leprosy, Hepatitis B, TB, STDs and such other discases to be deat separatey ~ 49. Presumption and determination of age.- 47 (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 juvenie or the chid, the competent authority sha make due inquiry so as to the age of that person and for that purpose sha take such evidence as In every case concerning a juvenie/chid the Board sha either obtain : v A birth certificate by a corporation or municipa authority; A date of birth certificate from the schoo first attended Matricuation or equivaent certificates, if avaiabe

35 Misceaneous may be necessary (but not an affidavit) and sha re co rd a fi nd in g whether the person is a juvenie or the chid or not, stating his age as neary as may be. (2) No order of a competent authority sha be deemed to have become invaid merey by any subsequent proof that the person in respect of whom the order has been made is not a juvenie or the chid, and the age recorded by the competent authority to be the age of person so brought before it, sha for the purpose of this Act, be deemed to be the true age of that person. 50. Sending a juvenie or chid outside jurisdiction.- In the case of a juvenie or the chid, whose ordinary pace of residence ies 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 juvenie or the chid back to a reative or other person who is fit and wiing to receive him at his ordinary pace of residence and exercise proper care and contro over him, notwithstanding that such pace of residence is outside the jurisdiction of the competent authority; and the competent authority exercising jurisdiction over the pace to which the juvenie or the chid is sent sha in respect of any matter arising subsequenty have the same powers in reation to the juvenie or the chid as if the origina order had been passed by itsef. 51. Reports to be treated as confidentia.- The report of the probation officer or socia worker considered by the competent authority sha be treated as confidentia: Provided that the competent authority may, if it so thinks fit, communicate the substance thereof to the juvenie or the chid or his parent or guardian and may give such juvenie or the chid, parent or guardian an opportunity of producing such evidence as may be reevant to the matter stated in the report. 52. Appeas.- (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 appea to the Court of Session: Provided that the Court of Session may entertain the appea after the expiry of the said period of thirty days if it is satisfied that the appeant was prevented by sufficient cause from fiing the appea in time. } Report of the probation officer/socia worker to be treated as confidentia ~ 48

36 Misceaneous (2) No appea sha ie from - (a) any order of acquitta made by the Board in respect of a juvenie aeged to have committed an offence; or (b) any order made by a Committee in respect of a finding that a person is not a negected juvenie. (3) No second appea sha ie from any order of the Court of Session passed in appea under this section. 53. Revision.- The High Court may, at any time, either of its own motion or on an appication received in this behaf, ca for the record of any proceeding in which any competent authority or Court of Session has passed an order for the purpose of satisfying itsef as to the egaity or propriety of any such order and may pass such order in reation thereto as it thinks fit: Provided that the High Court sha not pass an order under this section prejudicia to any person without giving him a reasonabe opportunity of being heard. 54. Procedure in inquiries, appeas and revision proceedings.- (1) Save as otherwise expressy provided by this Act, a competent authority whie hoding any inquiry under any of the provisions of this Act, sha foow such procedure as may be prescribed and subject thereto, sha foow, as far as may be, the procedure aid down in the Code of Crimina Procedure, 1973 ( 2 of 1974) for trias in summons cases. (2) Save as otherwise expressy provided by or under this Act, the procedure to be foowed in hearing appeas or revision proceedings under this Act sha be, as far as practicabe, in accordance with the provisions of the Code of Crimina Procedure, 1973 ( 2 of 1974). 55. Power to amend orders.- (1) Without prejudice to the provisions for appea and revision under this Act, any competent authority may, on an appication received in this behaf, amend any order as to the institution to which a juvenie or the chid is to be sent or as to the person under whose care or supervision a juvenie or the chid is to be paced under this Act: Provided that there sha be at east two members and the parties or its defence present during the course of hearing for passing an amendment in reation to any of its order. (2) Cerica mistakes in orders passed by a competent authority or errors arising therein from any accidenta sip or omission may, at any time, be 49

37 Misceaneous corrected by the competent authority either on its own motion or on an appication received in this behaf. 56. Power of competent authority to discharge and transfer juvenie or chid.- The competent authority or the oca authority may, notwithstanding anything contained in this Act, at any time, order a chid in need of care and protection or a juvenie in confict with aw to be discharged or transferred from one chidren's home or specia home to another, as the case may be, keeping in view the best interest of the chid or the juvenie, and his natura pace of stay, either absoutey oron such conditions as it may think fit to impose: Provided that the tota period of stay of the juvenie or the chid in a chidren's home or a specia home or a fit institution or under a fit person sha not be increased by such transfer. 57. Transfer between chidren's homes, under the Act, and juvenie homes, of ike nature in different parts of India.- The State Government or the oca authority may direct any chid or the juvenie to be transferred from any chidren's home or specia home outside the State to any other chidren's home, specia home or institution of a ike nature with the prior intimation to the oca Committee or the Board, as the case may be, and such order sha be deemed to be operative for the competent authority of the area to which the chid or the juvenie is sent. 58. Transfer of juvenie or chid of unsound mind or suffering from eprosy or addicted to drugs.- Where it appears to the competent authority that any juvenie or the chid kept in a specia home or a chidren's home or sheter home or in an institution in pursuance of this Act, is suffering from eprosy or is of unsound mind or is addicted to any narcotic drug or psychotropic substance, the competent authority may order his remova to a eper asyum or menta hospita or treatment centre for drug addicts or to a pace 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 medica officer necessary for the proper treatment of the juvenie or the chid. 59. Reease and absence of juvenie or chid on pacement.- 50 (1) When a juvenie or the chid is kept in a chidren's home or specia home and on a report of a probation officer or socia worker or of Government } Specia provisions for a chid/juvenie suffering from Leprosy or of unsound mind or addicted to any narcotic drug/ psychotropic substanees ~

38 Misceaneous or a vountary organisation, as the case may be, the competent authority may consider, the reease of such juvenie or the chid permitting him to ive with his parent or guardian or under the supervision of any authorised person named in the order, wiing to receive and take charge of the juvenie or the chid to educate and train him for some usefu trade or caing or to ook after him for rehabiitation. The competent authority : v May permit eave of absence to any juvenie/chid for 7 days under supervision (2) The competent authority may aso permit eave of absence to any juvenie or the chid, to aow him, on specia occasions ike examination, marriage of reatives, death of kith and kin or the accident or serious iness of parent or any emergency of ike nature, to go on eave under supervision, for maximum seven days, excuding the time taken in journey. (3) Where a permission has been revoked or forfeited and the juvenie or the chid refuses or fais to return to the home concerned or juvenie to which he was directed so to return, the Board may, if necessary, cause him to be taken charge of and to be taken back to the concerned home. (4) The time during which a juvenie or the chid is absent from a concerned home in pursuance of such permission granted under this section sha be deemed to be part of the time for which he is iabe to be kept in the specia home : Provided that when a juvenie has faied to return to the specia home on the permission being revoked or forfeited, the time which apses after his faiure so to return sha be excuded in computing the time during which he is iabe to be kept in the institution. May reease the juvenie/chid to ive with his parents/ guardian/under the supervision of an authorised person 60. Contribution by parents.- (1) The competent authority which makes an order for sending a juvenie or the chid to a chidren's home or to a specia home or pacing the juvenie under the care of a fit person or fit institution may make an order requiring the parent or other person iabe to maintain the juvenie or the chid to contribute to his maintenance, if abe 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 51

39 Misceaneous 61. Fund.- or guardian or both, from the home to his ordinary pace of residence at the time of sending the juvenie as may be prescribed. (1) The State Government or oca authority may create a Fund under such name as it thinks fit for the wefare and rehabiitation of the juvenie or the chid deat with under this Act. (2) There sha be credited to the Fund such vountary donations, contributions or subscriptions as may be made by any individua or organisation. (3) The Fund created under sub-section (1) sha be administered by the State advisory board in such manner and for such purposes as may be prescribed. 62. Centra, State, district and city advisory boards.- (1) The Centra Government or a State Government may constitute a Centra or State Advisory board, as the case may be, to advise that Government on matter reating to the estabishment and maintenance of the homes, mobiisation of resources, provision of faciities for education, training and rehabiitation of chid in need of care and protection and juvenie in confict with aw and co-ordination among the various officia and nonofficia agencies concerned. (2) The Centra or State advisory board sha consist of such persons as the Centra Government or the State Government, as the case may be, may think fit and sha incude eminent socia workers, representatives of vountary organisations in the fied of the chid wefare corporate sector, academicians, medica professionas and the concerned Department of the State Government. (3) The district or city eve inspection committee constituted under section 35 of this Act sha aso function as the district or city advisory board. 63. Specia juvenie poice unit.- Every vpoice station to (1) In order to enabe the poice officers designate one officer who frequenty or excusivey dea with and juvenie chid juvenies or are primariy engaged in wefare officer the prevention of juvenie crime or handing of the juvenies or chidren Every City/Dist. to have under this Act to perform their specia juvenie poice functions more effectivey, they sha unit (SPJU) be speciay instructed and trained. (2) In every poice station at east one officer with aptitude and appropriate training and orientation may be designated as the 'juvenie or the chid 52

40 Misceaneous wefare officer' who wi hande the juvenie or the chid in co-ordination with the poice. (3) Specia juvenie poice unit, of which a poice officers designated as above, to hande juvenies or chidren wi be members, may be created in every district and city to co-ordinate and to upgrade the poice treatment of the juvenies and the chidren. 64. Juvenie in confict with aw undergoing sentence at commencement of this Act.- In any area in which this Act is brought into force, the State Government or the oca authority may direct that a juvenie in confict with aw who is undergoing any sentence of imprisonment at the commencement of this Act, sha, in ieu of undergoing such sentence, be sent to a specia home or kept in fit institution in such manner as the State Government or the oca authority thinks fit for the remainder of the period of the sentence; and the provisions of this Act sha appy to the juvenie as if he had been ordered by the Board to be sent to such specia 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.- Provisions of Chapter XXXIII of the Code of Crimina Procedure, 1973 (2 of 1974) sha, as far as nay be, appy to bonds taken under this Act. 66. Deegation of powers.- The State Government may, by the genera order, direct that any power exercisabe by it under this Act sha, in such circumstances and under such conditions, if any, as may be prescribed in the order, be exercisabe aso by an officer subordinate to that Government or the oca authority. 67. Protection of action taken in good faith.- No suit or ega proceedings sha ie against the State Government or vountary organisation running the home or any officer and the staff appointed in pursuance of this Act in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rues or order made thereunder. 68. Power to make rues.- (1) The State Government may, by notification in the Officia Gazette, make rues to carry out the purposes of this Act. 53

41 Misceaneous (2) In particuar, and without prejudice to the generaity of the forgoing powers, such rues may provide for a or any of the foowing matters, namey :- 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 rues of procedure in regard to the transaction of business at its meeting under subsection (1) of section 5; iii. the management of observation homes incuding 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 other matters as are referred to in section 8; iv. the management of specia home incuding 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 specia home may be granted or withdrawn and such other matters as are referred to in section 9; v. persons by whom any juvenie in confict with aw may be produced before the Board and the manner of sending such juvenie to an observation home under sub-section (2) of section 10; vi. matters reating to remova of disquaifications attaching to conviction of a juvenie under section 19; vii. the quaifications 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 rues 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 poice and to the Committee and the manner of sending and entrusting the chid to chidren's home pending the inquiry under sub-section (2) of section 32; x. the management of chidren's homes incuding the standards and nature of services to be provided by them, and the manner in which certification of a chidren's home or recognition to a vountary organisation may be granted or withdrawn under subsection (2) of section 34; 54

42 Misceaneous xi. appointment of inspection committees for chidren'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. faciities to be provided by the sheter homes under subsection (3) of section 37; xiii. for carrying out the scheme of foster care programme of chidren under sub-section (3) of section 42; xiv. for carrying out various schemes of sponsorship of chidren under sub-section (2) of section 43; xv. matters reating to after-care organisation under section 44; xvi. for ensuring effective inkages between various agencies for faciitating rehabiitation and socia integration of the chid under section 45; xvii. the purposes and the manner in which the Fund sha be administered under sub-section (3) of section 61; xviii. any other matter which is required to be or may be, prescribed. (3) Every rue made by a State Government under this Act sha be aid, as soon as may be after it is made, before the Legisature of that State. 69. Repea and savings.- (1) The Juvenie Justice Act, 1986 ( 53 of 1986) is hereby repeaed. (2) Notwithstanding such repea, anything done or any action taken under the said Act sha be deemed to have been done or taken under the corresponding provisions of this Act. 70. Power to remove difficuties.- (1) If any difficuty arises in giving effect to the provisions of this Act, the Centra Government may, by order, not inconsistent with the provisions of this Act, remove the difficuty : Provided that no such order sha be made after the expiry of the period of two years from the commencement of this Act. (2) However, order made under the section sha be aid, as soon as may be after it is made, before each House of Pariament. 55