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The Juvenile Justice (Care and Protection of Children) Act, 2015


110. Power to make rules.

1.     The State Government shall, by notification in the Official Gazette, make rules to carry out the purposes of this Act:

Provided that the Central Government may, frame model rules in respect of all or any of the matters with respect to which the State Government is required to make rules and where any such model rules have been framed in respect of any such matter, they shall apply to the State mutatis mutandis until the rules in respect of that matter are made by the State Government and while making any such rules, they conform to such model rules.

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.        manner of inquiry in case of a missing or run away child or whose parents cannot be found under sub-clause (vii) of clause (14) of section 2;

             ii.        responsibilities of the Child Welfare Officer attached to a Children’s Home under clause (18) of section 2;

            iii.        qualifications of the members of the Board under sub-section (2) of section 4;

            iv.        induction training and sensitisation of all members of the Board under sub-section (5) of section 4;

             v.        term of office of the members of the Board and the manner in which such member may resign under sub-section (6) of section 4;

            vi.        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 7;

           vii.        qualifications, experience and payment of fees of an interpreter or translator under clause (d) of sub-section (3) of section 8;

          viii.        any other function of the Board under clause (n) of sub-section (3) of section 8;

            ix.        persons through whom any child alleged to be in conflict with law may be produced before the Board and the manner in which such a child may be sent to an observation home or place of safety under sub-section (2) of section 10;

             x.        manner in which a person apprehended and not released on bail by the officer-in-charge of the police station may be kept in an observation home until such person is brought before a Board under sub-section (2) of section 12;

            xi.        format for information on pendency in the Board to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate and District Magistrate on quarterly basis under sub-section (3) of section 16;

           xii.        monitoring procedures and list of monitoring authorities under sub-section (2) of section 20;

          xiii.        manner in which the relevant records of the child may be destroyed by the Board, police or the court under sub-section (2) of section 24;

         xiv.        qualifications of the members of the Child Welfare Committee under subsection (5) of section 27;

          xv.        rules and procedures with regard to transaction of business at the meetings of the Child Welfare Committee under sub-section (1) of section 28;

         xvi.        process of restoration of abandoned or lost children to their families under clause (x) of section 30;

        xvii.        manner of submitting the report to the Committee and the manner of sending and entrusting the child to Children’s Home or fit facility or fit person under sub-section (2) of section 31;

       xviii.        manner of holding an inquiry by the Child Welfare Committee under subsection (1) of section 36;

         xix.        manner in which a child may be sent to a Specialised Adoption Agency if the child is below six years of age, Children’s Home or to a fit facility or person or foster family, till suitable means of rehabilitation are found for the child including manner in which situation of the child placed in a Children’s Home or with a fit facility or person or foster family, may be reviewed by the Committee under sub-section (3) of section 36;

          xx.        manner in which a quarterly report may be submitted by the Committee to the District Magistrate for review of pendency of cases under sub-section (4) of section 36;

         xxi.        any other order related to any other function of the Committee under clause (iii) of sub-section (2) of section 37;

        xxii.        information to be given every month by the Committee to State Agency and Authority regarding number of children declared legally free for adoption and number of cases pending under sub-section (5) of section 38;

       xxiii.        manner in which all institutions under this Act shall be registered under sub-section (1) of section 41;

       xxiv.        procedure for cancelling or withholding registration of an institution that fails to provide rehabilitation and re-integration services under sub-section (7) of section 41;

        xxv.        manner in which information shall be sent every month by the open shelter to the District Child Protection Unit and Committee under sub-section (3) of section 43;

       xxvi.        procedure for placing children in foster care including group foster care under sub-section (1) of section 44;

      xxvii.        procedure for inspection of children in foster care under sub-section (4) of section 44;

     xxviii.        manner in which foster family shall provide education, health and nutrition to the child under sub-section (6) of section 44;

       xxix.        procedure and criteria in which foster care services shall be provided to children under sub-section (7) of section 44;

        xxx.        format for inspection of foster families by the Committee to check the well being of children under sub-section (8) of section 44;

       xxxi.        purpose of undertaking various programmes of sponsorship of children, such as individual to individual sponsorship, group sponsorship or community sponsorship under sub-section (1) of section 45;

      xxxii.        duration of sponsorship under sub-section (3) of section 45;

     xxxiii.        manner of providing financial support to any child leaving institutional care on completing eighteen years of age under section 46;

     xxxiv.        management and monitoring of observation homes, including the standards and various types of services to be provided by them for rehabilitation and social integration of a child alleged to be in conflict with law and the circumstances under which, and the manner in which, the registration of an observation home may be granted or withdrawn under sub-section (3) of section 47;

      xxxv.        management and monitoring of special homes including the standards and various types of services to be provided to them under sub-section (2) and sub-section (3) of section 48;

     xxxvi.        monitoring and management of children’s homes including the standards and the nature of services to be provided by them, based on individual care plans for each child under sub-section (3) of section 50;

    xxxvii.        manner in which a Board or the Committee shall recognise, a facility being run by a Governmental organisation or a voluntary or non-governmental organisation registered under any law for the time being in force, fit to temporarily take the responsibility of a child for a specific purpose after due inquiry regarding the suitability of the facility and the organisation to take care of the child under sub-section (1) of section 51;

   xxxviii.        procedure of verification of credentials, for recognising any person fit to temporarily receive a child for care, protection and treatment of such child for a specified period by the Board or the Committee under sub-section (1) of section 52;

     xxxix.        manner in which services shall be provided by an institution under this Act for rehabilitation and re-integration of children and standards for basic requirements such as food, shelter, clothing and medical attention under sub-section (1) of section 53;

            xl.        manner in which Management Committee shall be set up by each institution for management of the institution and monitoring of the progress of every child under sub-section (2) of section 53;

           xli.        activities that may be taken up by children’s committees under sub-section (3) of section 53;

          xlii.        appointment of inspection committees for all institutions registered or recognised fit, for the State and district under sub-section (1) of section 54;

         xliii.        manner in which Central Government or State Government may independently evaluate the functioning of the Board, Committee, special juvenile police units, registered institutions, or recognised fit facilities and persons, including the period and through persons or institutions under sub-section (1) of section 55;

        xliv.        manner in which institutions shall furnish details of children declared legally free for adoption to the Specialised Adoption Agency under sub-section (2) of section 66;

         xlv.        any other function of the Authority under clause (e) of section 68;

        xlvi.        criteria for the selection or nomination of the Members of the Steering Committee of the Authority and their tenure as well as the terms and conditions of their appointment under sub-section (2) of section 69;

       xlvii.        manner in which Steering Committee of the Authority shall meet under sub-section (4) of section 69;

      xlviii.        manner in which the Authority shall submit an annual report to the Central Government under sub-section (1) of section 71;

        xlix.        functions of the Authority under sub-section (2) of section 72;

              l.        manner in which the Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts under sub-section (1) of section 73;

             li.        period that the Committee or Board may think necessary for the treatment of children who are found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment to a fit facility under section 92;

            lii.        procedure for transfer of child under sub-section (1) of section 95;

           liii.        provision for travelling allowance to the escorting staff for the child under sub-section (3) of section 95;

           liv.        procedure to be followed by the Committee or a Board while holding any inquiry, appeal or revision under sub-section (1) of section 103;

            lv.        manner in which juvenile justice fund shall be administered under sub-section (3) of section 105;

           lvi.        functioning of the Child Protection Society for the State and Child Protection Units for every district under section 106;

          lvii.        to enable the National Commission, or as the case may be, the State Commission to monitor implementation of the provisions of this Act under sub-section (1) of section 109;

         lviii.        any other matter which is required to be, or may be, prescribed.

3.     Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

4.     Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.



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