(v) "special home" means an institution established by a state government or by a voluntary organisation and céstified by that government under section 9; (wv) "special juvenile police unit" means a unit of the police force of a state designated fer handling of juveniles or children under section 63; (0) "state government", in relation to a union territory, means the administrator s of that union territory appointed by the president under azticle 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, shall have the meanings respectively assigned so them in that code 3, where an inquiry has been initiated against a juvenile in conflict with law ora lo 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 juvenile or a child continuation of inquiry in respect of juvenile who has ceased to be a juvenile,  is chapter j juvenile in conflict with law4, (2) notwithstanding anything contained in the code of criminal procedure, 1973, 2 of 1974 juvenile justice board the state government may, by notification in the official gazette, constitute for a district or a group of districts specified in the notification, one or more juvenile justice boards for exercising the powers and discharging the duties conferred or imposed on such boards in z@ 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 the code of criminal procedure, 1973, on a metropolitan magistrate or, as the case may be, a 292 of 1974, 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 member of the board unless he has been actively involved in health, 30 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 shail be such as may be prescribed (5) the appointment of any member of the board may be terminated after hotding inquiry, by the state government, if— 3s @ he has been found guilty of misuse of power vested under this act, (i) he has been convicted of an offence iavolving moral turpitude, and such conviction has not been reversed or he has not been granted full pardon in respect of such offence, (ii) he fails to attend the proceedings of the board for consecutive three months yo without any valid reason or he fails to attend less than three-fourth of the sittings in a year procedure, 5 (1) the board shall mest at such times and shall observe such rules of procedure 'ote, in relation in regard to the transaction of business ai its meetings, as may be prescribed ie board, (2) a child in conflict with law may be produced before an individual thember of yg the board, when the board is not sitting (3) a board may act notwithstanding the absence of any member of the board, and ito 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 memebrs includilig the principal magistrate resent at the time of final disposal of the case, 2 of 1974, (4) in the event of any difference of opinion among the members of the board in the inierim or final disposition, the opinion of the majority shall prevail, bat where there is na such majority, the opinion of the principal magistrate shal! prevail 6 (/) where a board has been constituted for any district or a gtoup of districts, such board shall, notwithstanding anything contained in any other law for the time being juvenile in force but save as otherwise expressly provided in this act, have power to deal exclusively  7stice board with all proceedings under this act relating to juvenile in conflict with law  is(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 (1) when any magisirate not empowered to exercise the powers of a board under procedure to this act is of the opinion that a person brought before him under any of the provisions of - be followed 2e this act (other than for the purpose of giving evidence), is a juvenile or the child, he shall rye trate not without any delay record such opinion and forward the juvenile or the child and the record : gmcn ' i a the juveatle | empowered of the proceeding to the competent authority having jurisdiction over the proceeding under the act (2) the competent authority to which the proceeding is forwarded under sub-section () shall hold the inquiry as if the juvenile or the child had originally been brought before it ar 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 any juvenite in conflict with law during the pendency of any inquiry regarding them under this act 38 (2) where the state government is of opinion that any institution other than a home established or maintained under sub-section 4), is fit for the temporary reception of juvenile in conflict with law during the pendency of any inquiry regarding them under this act, it may certify such institution as an observation home for the purposes of this act, (3) the state government may, by rales made under this act, provide for the management of observation homes, including the standards and various types of services 3¢ to be provided by them for rehabilitation and social integration of a juvenile, and the circumstances under which, and the manner in which, the certification of an observation home may be granted or withdrawa, (4) every juvenile who is not placed under the charge of parent or guardian and ue is sent to an observation home shall be itially kept in a reception unit of the observation home for preliminary enquiries, care and classification for juveniles according to 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 ue special homes, 9 (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 juvenile 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 (), is fit for the reception of juvenile so in conflict with law to be sent there under this act, it may certify such institution as a special home for the purposes of this act (3) the state government may, by mies 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 ye-socialisation of a juveniis, and the circumstances under which, and the manner in which, the certification of aspecial home may be granted or withdraws ¢ (& the cules made under sub-section (3) may also provide fer the classification and separation of juvenile in conflict with law on the basis of age and the natwe of offences committed by them and his mental and physical status 10 (2) as soon as 4 juvenile in conflict with law is apprehended by police, he shail be placed under the charge of the special juvenile police unit or the designated police gs ie officer who shall immediately report the matier to a member of the board apprehension of javenile in conflict with ta (2) the state government may make rules consistent with this act— (i to provide for persons through whom (including registered voluniary organisations) any juvenile in conflict with law may be produced before the board; (si) to provide the manner in which such juvenile may be sent to an observation ig" is home | control      | off    ||--------------|--------|| 'éustodian   | over   || juvenite,    |        || 11,          |        || 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          |        || his          |        || maintenance, |        || and          |        || the          |        || juvenile     |        || shall        |        || continue     |        |ae in his charge for the period stated by competent authority, notwithstanding that he is je claimed by his parents or any other person, 12 (j) when any person accused of a bailable or non-bailable offence, and apparently bail of juvenite a juvenile, is arrested or detained or appears or is brought before a board, such person shall, notwithstanding anything contained in the code of criminal procedure, 1973 or in 2 of 1974 any other law for the time being in force, be released on bail with or without surety but he 9g shall not be so released if there appear resonable grounds for believing that the release is likely to bring him into association 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 subsection (j) by the officer incharge of the police station, such officer shall cause him to be 30 kept only in an observation home in the prescribed manner until he can be brought before a board (3) when such person is not released on bail under sub-section (/) 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 regarding 3~ him as may be specified in the order 13, where a juvenile is arrested, the officer incharge of the police station or the  informationspecial juvenile police unit to which the juvenile is brought shall, as soon as may be after the arrest, inform— | to        | parent,    ||-----------|------------|| guardian  | or         || probation |            || officer  |            |(a) the parent or guardian of the juvenile, if he can be found, of such arrest and yo direct him to be present at the board before which the juvenile will appear; and (®) 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 ue 44 where a juvenile having been charged with the offence is produced before a 4g? 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 as it deems fit: provided that an ingiiry under this section shall be comph four montis fom the date of ni, unless the period is board having regard to the of case and in special « the reasons in a board is satisf lon inquiry that a juvedile has com: dan offence, fy wh then, noiwithstan atiyth ne contrary contained in any other | w for the time cing in force, the b order that may be pasted regarding juvenize @) allow the juvenile te go home a: advice or admonition following appropriate inguiry against and counselling te the parent or the guardian and the javenile; by as oe patte sae  4b eteas (6) direct the juvenile to participate in group counselling and similar activities; (c) order the juvenile to perform commeunisy seevice; ; @) order the parent of the juvenile ov the juvenile himself to pay a fine, if be is over fourteen years of age and earns money; (2) direct the juvenile to be released on probation of good conduct and placed under the care of any parent, guardian or other at person, on such parent, guardian or other st person executing a bond, with or without su yas the board may req ie, for the good behaviour and well-being of the juvenile for any period not execed three years; - ; 4) divect the juvenile to he eten a gan (/) dixect the juvenile to be released on probation of good coaguet 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; as {g) make ais order directing the juvenile to be sent to @ special home,— yin a we @) in the case of juvenile, over seventecn years but less than sighteen ie th 0 t sigh years of age fer a period of not less than two year: hag e  , ; gi) in case of any other juvenile for the period until he ceases to bea juvenile: provided that the board may, if it is satisfied that having regard to the nature of the 3e offence and the circumstances of the case it is expedient so to do, for reasons to be recorded reduce the period of stay 19 such period as it thinks fit , @ tae 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, 3g (3) where an order under clause (a), clause {e} or clause (9) of sub-section (is made, the board ray, if it is of opinion that in the interests of the juvenile and of the public, it ts expedient so to do, in addition make an order that the juvenile in conflict with law shall remain under the supervision of a probation officer naimed in the order during such period, not exceeding three years as may be specified thereia, and may in such supervision order impose such conditions as it deems necessary for the due supervision of ye 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 institution under whose care the juvenile was placed is ac 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, @ the board shall whife making a supervision order under sub-section &), explain to the juveiiile and the parent, guardian or other fit person or fit institution, as the case he juvenile has been placed, the terms and conditions of the mish one copy of the supervision order to the juvenile, the may be, under whdse care tl order and shall forthwith fu csont of fit institution, as the case may be, the sureties, if parent, guardian or other fit pet any, and the probation officer 'order that hay aot be passed against jovenile 26 (1) notwithstanding anything te ihe contsary 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 prisoa in defauls of payment of fine or io default of furnishing security: provided thai where a juvenile who has attained the age of sixteen years has committed an offence and the board is satisfied that the offence cormmitted is of so serious in nature ja or that his conduct and behaviour have been such that it would not be in his interest or in the interest of other juvenile in a special home to send hira 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 such place of safety and in such manner as it thinks fit and shatl report the case for the order of the state government 15° (2) on receipt of a report from a board under sub-section (2), 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 conditions as it thinks fit: provided that the period of detention so ordered shall not exceed the maximum go period of imprisonment to which the juvenile could have been sentenced for the offence committed 17 notwithstanding anything to the contrary contained in the code of criminal procedure, 1973 no proceeding shall be jnstituted and no order shall be passed against the juvenile under chapter viii of the said code as proceeding under chapter vill of the code of criminal procedure not competent against juvenile tion 223 of the code of criminal g in force, no juvenile shall be 2 of 1974 ho is not a juvenile 48, (1) notwithstanding anything contained in sect procedure, 1973 or in any other law for the time bein, charged with or tried for any offence together with a person w! no joint proceeding of juvenile and person not a juvenile (2 if a juvenile is accused of an offence for which ander section 223 of the code of criminal procedure, 1973 or any other law for the time being in force, such juvenile and 302 of 1974 any person who is not a juvenile would, but for the prohibition contained in sub-section (2), have been charged and tried together, the board taking cognizance of that offence shall direct separate trials of the juvenile and the other person other law, a juvenile who has provisions of this act shall not 39° 19 (2) notwithstanding anything contained in any committed an offence and has been dealt with under the an offence under such law | removal          | of    ||------------------|-------|| disqualification |       || attaching        | to    |suffer disqualification, if any, attaching to a conviction of conviction, (2) the board shall take 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 notwithstanding anything contained in this act, all proceedings in respect of aye juvenile pending in any court in any area on the date on which this act comes into force spécial provision in respect of pending cases in that area, shall be continued in 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 shall pass orders in respect of that juvenile in accordance with the provisions yg of this act as if ithad been satisfied oa inquiry under thisact that a juvenile has committed the offence 21 (7) no report in any newspaper, magazi i i n x 2 a , magazine, news-sheet or visual media of-an: inquiry regarding 2 juvenile in conflict with law under this act shall disclose 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: ty | prohibition    | of    ||----------------|-------|| publication    | of    || name,          | etc, || juvenile       |       || jovolved       | in    || proceeding     |       || ander          | the   |provided that tee seasons tobe reconled in writing the authority helding the inquiry may pormic such disclosure, if in its opinion such disclosure is in the interest of the juvenile _ : (2) any person contravening the provisions of sub-secti r i ; ; is section (7) shall b: if with fine, which may extend to one thousand rupees gs © panishable , a2, 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 special home or an observation home or from provision' in respect of escaped juvenile i 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 respect 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 deemed necessary under the provisions of this act me 23 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 20 be assaulted, abandoned, exposed or neglected in a manner likely to cause such juvenile punishment for crucliy to juvenile or ohild, 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 : ° 2 of 1994 ae 24, @ } 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 ma: extend to three years and shali also be liable to fine , employment of juvenile of child for begging ' (2) whoever, having the actual charge of, or control over, a juvenile or the child al vets the commission of the offence punishable under sub-section (2), shall be punishable with imprisonment for a term which may extend to one year and shall also be liable to ec 30 : 38 whoever gives, or causes te be given, to any juvenile or the child any intoxicating liquor in a public place or any narcotic drug or psychotropic substance except upon the order of duly qualified medical practitioner or in case of sickness shall be punishable with imprisonment for a term which may éxtend to three years and shall also be liable to 1 ay | penalty      | for          ||--------------|--------------|| giving       |              || intoxicating |              || fiquor       | or           || narcotic     | drug         || or           | psychotropic || substance    | to           || juvenite     | or           || chitd,       |              |26 whoever ostensibly procures a j il ii ' juvenile or the child for the purpose of am hazardous employment keeps him in bondage and withholds his earnings i uses such |           | exploitation    | of    ||-----------|-----------------|-------|| juvenile  | or              | chikd || employee |                 |       |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 the offences punishable under sections 23, 24, 25 and 26 shall be cognizable ge special offences 28, where an act or omission constitute an offence i i punishable under this act and alternative punishment also under any other central or state act, then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offences shall be le to puni it i i ich i dome punishment only wader such act as provides for punishment which is greater in | lis ; chapter ii (child in need of care and protection29 (2) the state government may, by nollfication in oificiat a sett, sonst ee child welfare committee every district or group of districts, spe d io the notification, one of mare cela v "tf committees for exercising the powers and discharge the duties coe on suck committees in relation to child in need of care and projection under this act ; (2) the committee shalt consist of a chairperson and four other members as he ¢ state government may think fie to appoint, of whom at isast one shall be a worman am another, an expert om matters concerning children and the tenure for which (3) the qualifications of the chairperson and the members, they may be appointed shall be such as may be preseribed semminmd, aher | (4) the appointment of any member of the coramittee may be terminated, ie holding inquiry, by the state government, if— {@) he bas been found guilty of misuse of power vested under this act ui) he has been convicted of an offence involving moral turpitude, and ae conviction has aot been reversed or he has not been granted full pardon in respect 0! is such offence; the committee for consecutive gree 9 attend less than three-fourth of the (id) he fails to attend the proceedings of months without any valid reason or he fails & sittings in a year as a bench of magistrates and shall have the 1973 on a metropolitan magistrate 3e2 of 1974 (5) the committee shall function powers conferred by the code of criminal procedure, or, as the case may be, a judicial magistrate cf the first class procedure, eit ii observe such rules of as may be prescribed 30 (1) the comunitiee shall meet at such times and shal procedure in regard to the transation of business af lis meetings, be in relation to committee (2) a child in need of care and protection may be produced before en individual member for being placed in safe custody or otherwise when the commitiee is not in gg" session (3) in the event of any difference of opinion armnong the members of the cosamities 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 ®, the committee my ae qe notwithstanding the absence of any member of the committee, and 20 order m de ae ° committee shall be invalid by reason only of the absence of any member during any stage powers of committee in 'committee shall have the final authority to dis of cases for the care, 31 (7) the c all have the to dispose of ¢: z os 2  protection aentoent development and rehabilitation of the children as well as to provide 35° for their basic needs and protection of humian rights (2) where a committee has been constituted for any area, such comauiie shall notwithstanding anything contained in any other law for the time being s one a as otherwise expressly provided in this act, have the power te sea one ese ly 4e proceedings under this act relating to children in need of care and prote  32 (2) any child in''need of care and protection may be produced before the committee by one of the following persons— ; ; ; production before 'committee {) any police officer or special juvenile police unit or a designated police offiger: (i@ any public servant; - ner volntny tee (ii) childline, a registered voluntary organisation or by on oth er > organisation or an agency as may be recognised by the state er ' set {iv) any social worker or a public spirited citizen authorised by the ie government; of {v) by the child himself (2) the stete government may make rules consistent with this act to provide for the manner of making the report to the police and tc the committee and the manner of sending and entrusting the child to children's home pending the enquiry 33 (2) on receipt of a report under section 32, che commitee or any police officer of speciai juvenile police unit or the designated police officer shall hold an inquiry in the prescribed manner and the committee, on its own or om the report from any person or ageacy as mentioned in sub-section (j) of section 32, may pass an order to send the child to the children's home for speedy inquiry by @ social worker or child welfare officer, (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 lime for the submission of the inquiry report may bé 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 is said child has no family or ostensible support, it may allow the child to remain in the children's home or shelter home gl! suitable rehabilitation is found for him or till he attains the age of eighteen years children's homes, a6 ,34 (7) 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 need of care and protection during the pendency of any inquiry and subsequently for their care, treatment, education, training, development and rehabilitation as (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 certification of a children's home or recognition to a voluntary organisation may be granted or withdrawn inspection 35 (2) the state government may appoint inspection committees for the children's homes (hereinafter refered to as the inspection committees) for the state, a district and 30 city, as the case may be, for such period and for such pusposes as may be prescribed (2) the inspection committee of a state, district or of a city shall consist of such number of representatives ftom the state government, local authority, committee, voluntary organisations and such other medical experts and social workers as may be prescribed 3s sociat auditing 36 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 shelter homes 37 (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 ue (2) the shelter homes referred in sub-section (j)-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 helter homes shall have such facilities as may be prescribed by the rules  ys38 (2) if during the inquiry it is found that the child hails from the place outside the jurisdiction of the committee, the committee shallorder the transfer of the child to the competent authority having jurisdiction over the place of residence of the child (2) such juvenile or the child shail be escorted by the staff of the home in which he is lodged originally (3) the state government may make niles to provide for the travelling allowance to be paid to the child restoration 39 (1) restoration of and protection to 2 child shall be the prime objective of any children's home or the shelter home wp he &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 farnily environment temporarily or permanently where such child is under the care and protection of a children's home or a shelter home, as the case may be (3) the commitice shalf 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 ie restoration to— {a) parents; (6) adopted parenis; (c) foster parents  chapter iv rehabilization and social reintegration40, the rehabilitation and social reintegration of a child shall begin during the stay | process        ||----------------|| rehabilitation |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 () adoption, (ii) foster care, gii) sponsorship, and (iv) sending the child to an after-care organisation, ae 41 (2) the primary responsibility for providing care and protection to children shall be that of his farnily (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 &s (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 ge (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) no child shall be offered for adoption— (a) until two memebrs of the committee declare the child legatly free for 3e~ placement in the case of abandoned children, (5) gil 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 yo (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 song or daughters an 42, (2) the foster care may be used for temporary placement of those infants who foster care are wiimately to be given for adoption (2) in foster care, the child may be placed in another family for a short or extended petiod of time, depending upon the circumstances where the child's owa parent usvally visit regularly and eventually after the rehabilitation, where the children may return to their own hornes (3) the state government may make rules for the purposes of carrying out the scheme of fosier care programme of children 43 (/) the sponsorship programme may provide supplementary support to families, sponsorship 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 life, (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, the state goverament may, by rules made under this act, provide— is after-care organisation (a) for the establishment or tecognition of after-care organisations and the functions that may be performed by them under this act; 20 (5) 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, industricus and useful life: ie (c) for the preparation or submission of a report by the probation officer or any other officer appointed by thatgovernment 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 child; (@) for the standards and the nature of services to be maintained by such aftercare organisations; 3o (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: 3s 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 linkages and co-ordination, 45 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 child, yo  chapter v miscellaneous46 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 charge of or control over the juvenile or the child to be present ur at any proceeding in respect of the juvenile or the child attendance of parents or guardian of juvenile or child 47, if, at any stage during the course of an inquiry, a competent authority is satisfied dispensing with attendance that the attendance of the juvenile or the child is not essential for the purpose of inquiry, the competent authority may dispense with his attendance and proceed with the inquiry in of juvenile or child the absence of the juvenile or the child  48, (2) 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 requiring prolonged medical treatment or physical or mental complaint that wilt 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 for 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 | commital    | to        ||-------------|-----------|| approved    | place     || of          | javenile  || child       | suffering || from        |           || dangerous   |           || diseases    | and       || his         | future    || disposal   |           |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 referral services or under the relevant laws as such 49, (2) 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 authority shal! make due inquiry so as to the age piesuinption and determination of 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 nearly 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 the age of person so brought before it, shall for the purpose of this act, be deemed to be the true age of that person | sending       | a       ||---------------|---------|| juvenile      | or      || child         | outside || jurisdiction |         |50 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 de, 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 over him, notwithstanding that such place of residence is outside the jurisdiction of the competent authority; and-the competent authority exercising jurisdiction over the place to which the juve- nile or the child is sent shall in respect of any matter arising subsequently have the same powers in relation to the juvenile or the child as if the original order had been passed by itself reports to be 51 the report of the probation officer or social worker considered by the competent authority shall be treated as confidential: treated as confidential provided that the competent anthority'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 appeals §2, (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 4e~ 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, qrder 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 revision 43 the high court may, at any time, either of its awn 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 satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it thinks fit: te 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 ig procedure in inguiries, appeals and revision proceedings is 54, (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 and subject thereto, shall follow, as far as may be, the procedure laid down in the code of criminal procedure, 1973 for trials in summons cases 20f 1974 (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, 1973 go power to amend orders 55, (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 to be sent or as to the person under whose care or supervision a juvenile or the child is to be placed under this act: ae as 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 ae 6 the competent authority or the local authority may, notwithstanding anything contained in this act, at any time, ordéra child in need of care and protection or a juvenile in conflict 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 30 | power     | of    ||-----------|-------|| competent |       || authority | to    || discharge | and   || transfer  |       || juvenile  | or    || child    |       |juvenile, and his natural place of stay, either absolutely or on such conditions 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 shail not be increased by such transfer 3¢ 7 the state government or the local authority may direct any child or the juvenile eo to be transferred from any children's home or special home 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 ve sent, ' 'transfer between children's homes, under the act, and juvenile homes, of like nature in different parts of india 58, where it appers to the competent authority that any juvenile or the child kept in a special home or a children's home or shelier bome or in an institution in pursuance of this act, is suffering from leprosy or is of unsound mind or is addicted to any narcotic drug se or psychotropic substance, the competent authority may order his removal to a leper asylum us transfer of juvenile or child of unsound mind or suffering from leprosy or addicted to drugs ot mental hospital or treatment centre for drug addicts 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 proper treatment of the juvenile or the child $9 (1) when a juvenile or the child is kept in a children's home or special home and | release    | and    ||------------|--------|| absence    | of     || juvenile   | or     || child      | on     || placement |        |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 narned in the order, willing to receive and take charge ¢° of the juvenife 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 like nature, to te 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 concemed or juvenile to which he was directed so to seturn, the board may, if necessary, cause him to be taken charge of and to be taken back ig" to the concemed home (4) the time during which a juvenile or the child is absent from a eoncemed 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 gq permission being revoked or forfeited, the time which elapses after his failure'so to return shail be excluded in computing the time during which he is liable to be kept in the institution contribution by parents 60, (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 requiring the parent or other person liable to 257 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 home ze to his ordinary place of residence at the time of sending the juvenile as may be prescribed 61 (j) the state government or local authority may create a fund under such name fond 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 3g" subscriptions as may be made by any individual or organisation (3) the fond created under sub-section (j) shall be administered by the state advisory board in such manner and for such purposes as may be prescribed 62 (1) the central government or a state government may constitute a central or central, state, a state advisory board as the case may be, to advise that government on matter relating to woe the establishment and maintenance of the homes, mobilisation of resources, provision of district and city advisory boards 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 nonofficial agencies concerned (2) the central or state advisory board shall consist of such persons a3 the central usr government or the state government, as the case may be, may think fit and shalt 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 ge this act shall also function as the district or city advisory boards 63 () 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 the juveniles or children under this act to perform their functions more effectively, they shatl be specially instructed and trained (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 children 64, in any area in which this act is brought into force, the state goverament or the local authority may direct that a juvenile in conflict with law who is undergoing any sentence 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 period of the javenile in conflict with law undergoing sentence at commencement of this act 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 oz, as the case may be, ordered to be kept under protective care under sub-section (2) of section 16 of this act 65 provisions of chapter xxxii of the code of criminal procedure, 1973 shall, as zof 1974, far as may be, apply to bonds taken under this act 26 66 the state government may, by the general order, direct that any power exercisable procedure in respect of bonds» delegation of powers, by it under this act shall, in such circumstances and under such conditions, if any, as may be prescrbed in the order, be exercisable also by an officer subordinate to that government or the local authority af protectian of action taken in good faith 67 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 in good faith done or intended to be done in pursuance of this act or of any rules or order made thereunder 68 (2) the state government may, by notification in the official gazette, make power to make miles tules to carry out the purposes of this act 30 (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:— (@ 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, (i) the time of the meetings of the board and the rules of procedure in regard 3° to the transaction of business at its meeting under sub-section (1) of section 5; (ii) 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 ue withdrawn and such other matters as are referred to in section 8; ~ (jv) 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 home may be granted or withdrawn and such other matters as are referred to in section 9; (v) persons to whom any juvenile in conflict with law may be produced before ys 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 (/) of section 30; ie {éx) 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 enquiry under sub-section (2) of section 32; (x) the management of children's homes including the standards and aature 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-section (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; (aid) facilities to be provided by the shelter homes under sub-section (3) of section 37; ao (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 subsection (2) of section 43; (xv) matters relating to after-care organisation under section 44; 2g (xvi) for ensuring effective linkages between various agencies for facilitating rehabilitation and social integration of the child under section 45; (xvii) the purposes arid the manner in which the fund shall be administered under sub-section (3) of section 61; (xviii) any othef'matter which is required to be, or may be, prescribed 3e (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 53 of 1986 repeal and 69 (1) the juvenile justice act, 1986 is hereby repealed savings (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 3s power to 70 (2) if any difficulty arises in giving effect to the provisions of this act, the ties central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: ue 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  statement of objects and reasonsaceview of the working of the juvenile justice act, 1986 (53 of 1986) would indicate that much greater attention is required ta be given to children in conflict with law or those in need of care and protection the justice system as available for adults is not considered suitable for being applied to a juvenile or the child it is also necessary that the juvenile justice system must be easily accessible to a juvenile or the child or any one on their behalf including the police, voluntary organisations, social workers, or parents and guardians, throughout the country there is alse an urgent need for creating adequaic infrastructure necessary for the implementation of the proposed legislation with a lazger involvement of informal systems specially the family, the voluntary organisations and the community 2 in this context, the following further proposals have been made: (@ to lay down the basic principles for administering justice to a juvenile or the child in the bill; (i) to make the juvenile justice system meant for a juvenile or the child more appreciative of the developmental needs in comparison to criminal justice system as applicable to adults; (iii) to bring the juvenile law in conformity with the united nations convention on the rights of the child (iv) to prescribe a uniform age of eighteen years for both boys and girls; () to ensure speedy disposal of cases by the authorities envisaged under this bill regarding juvenife or the child within a time limit of four months; (vé) to spell out the role of the state as a facilitator rather than doer by involving voluntary organizations and local bodies in the implementation of the proposed legislation; (vii) to create special juvenile police units with a humane approach through sensitisation and training of police personnel; (viii) to enable increased accessibility to a juvenile or the child by establishing juvenile justice boards and child welfare committees and homes in each district or group of districts; (éx) to minimise the stigma and in keeping with the developmental needs of the juvenile or the child, to separate the bill into two parts—one for juveniles in conflict with law and the other for the juvenile or the child in need of care and protection; (x) to provide for effective provisions and various alternatives for rehabilitation and social reintegration such as adoption, foster care, sponsorship and aftercare of abandoned, destitute, neglected and delinquent juvenile and child 3 the bill seeks to repeal and re-enact the juvenile justice act, 1986 with a view to achieving the above objects  new delnt, maneka gandhi the 16th august, 2000 notes on clausesclause 2 this clause defines various expressions used in the bill, most of the definitions of the expressions used in the bill are based on the definitions in the juvenile justice act, 1986 the scope of some of the definitions have been broadened and some new definitions have been added taking into consideration the united nations convention on rights of child (crc) which has been ratified by the government of india sub-clans¢ (e) defines "child in need of care and protection", wha was earlier defined as "neglected juvenile" in the juvenile justice act, 1986 the scope of child in need of care and protection has been broadened taking into consideration various areas emerging for neglect of children sub-clause (2) has now prescribed uniform age for juvenile or child as a person who has not completed his eighteenth year of age keeping in conformity with article 1 of the convention of rights of child sub-clause () defines the expression "juvenile in conflict with law" who was earlier defined as "delinquent juvenile" in the fuvenile justice act, 1986 the expression "juvenile in conflict with law" has been used for removing the stigma attached with the word "delinquent" and make the law more child-friendly subclause (7) defines "local authority" to bring in involvement of authorities, such as, panchayats at the village and zilla parishad at the district level and other authorities as stated in that sub-clause for proper implementation of the proposed legislation sub-clause: (x) defines "state government" to include union territories also, clause 3— this clause provides the continuation of enquiry in respect of the juvenile or the child who has ceased to be a juvenile in order to give him protection available under this law clauses 4 to 7—these clauses provide for juvenile justice board and procedure, etc, to be followed by the juvenile justice board, which was earlier known as juvenile court, the reason for change in the terminology is to make the bill more child-friendly and do away with the words like courts, etc, in handling the children clause 4 provides for constitution of juvenile justice board clause 5 provides for procedure involved in relation to the board clause 6 provides for powers of juvenile justice boards while clause 7 provides for the procedure to be followed by a magistrate who is not empowered under this law these clauses are primarily based on the juvenile justice act, 1986 clause 8——this clause provides for establishment of observation homes by the state government for temporary reception of the juveniles in conflict with law during the pendency of any enquiry regarding them under this bill the details regarding maintenance and running of these homes, etc, have been provided in this clause there was no clear dernarcation between the observation homes to be provided for delinquent and neglected juveniles in the juvenile justice act, 1986 clause 9,—this clause pi ovides for establishment and maintenance of special homes by the state government for reception and rehabilitation of juveniles in conflict with law it also provides for certifying such other institutions as a special home by the state government other than a home established or maintained by the state government clauses 1g to 14—-these clauses provide for apprehension of juveniles in conflict with law (clause 10), control of custodian over juvenite (clause 11), bail of juvenile (clause 1d), information to parents or guardian or probation officer (clause 13) as also enquiry by board regarding the juvenile (clause 14) in these clauses specific involvement of recognized voluntary organizations in dealing with juveniles in conflict with faw has been brought in, sub-clause (2) of clause 12 specifies that child in conflict with law who is not released on bail should only be kept in an observation home and not in police station or jail this is again a measure to protect the child's rights clause 14 also provides for speedy disposal of cases within a time limit of 4 months with regard to handling the enquiry concerning juveniles in conflict with law clause 15—this clause is based on section 21 of the juvenile justice act 1986 and deals with orders that may be passed regarding juveniles in conflict with law with special emphasis on counselling to the parents, guardians and the juveniles and participation of juveniles in group counselling and in performance of community services this concept has been introduced to give more emphasis on reform of juveniles rather than punishing them clauses 16 and 17—these clauses are based on section 22 of fuvenile justice act, 1986 and deals with the orders that may not be passed against juveniles clause 16 now specifies the upper age limit of 16 years for a child who has committed an offence of serious nature and also for keeping him in place of safety, which may be different from the special homes meant for other juveniles the earlier age limit for this purpose was 14 years this age jimit has been increased because of uniform age prescribed for juvenile of child as 18 years this is also a measure to segregate the juveniles who are in conflict with law from those who are alleged to have committed serious offences clause 18—this clause prescribes separate proceedings to be conducted for juvenile and the person who is not a juvenile this has been provided to ensure clear separation of juveniles in conflict with law and an adult offender clause 19—this clause seeks to ensure the principle of not attaching any stigma or disqualification and thereby allow a juvenile who had been in conflict with jaw to lead a new life by ensuring that past records do not influence his future and allows him a new beginning clause 20—this clause brings in a special provision in respect of cases which are pending against the juveniles on the date of enforcement of this bill clause 21— this clause protects the juveniles' right to privacy and confidentiality, which needs to be protected through all the stages of proceedings by any authority under this bill, clause 22—this clause provides for protection of juveniles in conflict with law who has escaped from either special home or observation home or from the custody of the person this measure tries to give the benefit of doubt to thé escaped juvenile clauses 23 to 28—these clauses proyide for punishment to persons who exploit the juvenile in different manners 'these provisions are based on sections 41 to 45 of ne juvenile justice act, 1986 a separate provision has been brought in under clause 27 to make all these offences cognizable the reason for ihis is to deter exploitation and abuse of children by providing for more severe punishment for exploitation and faster relief to the exploited child clauses 29 to 33—these clauses provide for child welfare committee and procedure, etc, to handle the child ia need of care and protection, which was earlier known as juvenile welfare board to handle neglected juvenile the change iat ie terminology is to avoid confusion because juvenile justice board has been introduce ' or handling child in conflict with law whereas the committee is to handle the child in nee care and protection clause 29 provides for constitution of child 'welfare commies ae appointment of members, etc clause 30 provides for procedures involved in  a on committee clause 31 provides for powers of the committee clause 32 provides for the persons who have been authorized to produce any child in need of care and protection certain specific categories like publ ic servant, childline or such other voluntary organisatie recognized by the state government, any social worker or public-spirited citizen i d ne child himself have been authorized for this purpose this concept has been prover nt ine provide for bigger role for voluntary organisations and such other categories inclu ing ne child himself so-that the child in need of care and protection does not suffer any negle and is immediately taken care of without any delay clause 33 provides for various details regarding enquiry in respect of child in need of care and protection and lays down specific time limit of four months in which the enquiry is to be completed clause 34—-this clause provides for establishment of children home by the state government for child in need of care and protection both for the reception during pendency of any enquiry and subsequenily for their care and rehabilitation these homes were known as juvenile homes in the juvenile justice act, 1986 and the reason for change in terminology is to make the bill more child-friendly it also provides for certification of homes for this purpose, which can be run by voluntary organizations, provided the same is recognized by the state government clause 35-—this clause provides for inspection to be carried out by inspection committees for the children homes for the state, district and city including the constitution of such committees by the state governments the intention for constituting such committees is to constantly monitor and supervise the functioning of various children homes being run and to ensure proper ranaing of the same as may be prescribed from time to time clause 36—-this clause provides for social auditing of children homes both by the central government and the state governments through various persons and institutions 'the reasons for bringing in the central government along with the state government is because fifty per cent of the fund for running of these homes is being provided by the central government while the other fifty per cent is being contributed by the state governments under the existing scheme this provision will go a long way in constantly monitoring and evaluating the function of children homes for proper care and rehabilitation of such children in need of care and protection and timely filling of any gaps in their functioning clause 37—this clause introduces for setting up of shelter homes for children in need of urgent support by reputed and capable voluntary organisation and recognition of the same by the state government the idea is to take care of such children who are in need of care and protection and do not have any shelter and are on the streets in absence of family ties these shelter homes can also be instrumental in providing care and rehabilitation measures for such categories of children clause 38—this clause provides for transfer of the child to the competent authority who have jurisdiction over the place of residence of the child in case the child has been found in some other place which is not the normal residence of the child the reason for this clause is to ensure that a child welfare committee which can understand the background of the community and the society from which the child comes should deal with such a child clause 39—this clause emphasizes on restoration of the child to his family, which should be the prime objective of any children home or shelter home, this clause is being introduced in the present bill based on the principle that the best interest of the child can be served when he lives in a family and that is of prime importance for any child it has also been provided in the united nations convention on the rights of the child such restoration can be made to the parents or adopted parents or foster parents clause 40—this clause describes various alternatives to be made available to a child for his rehabilitation and social re-integration this has been provided to bring the law in conformity with the united nations convention on rights of the child the main principle behind this is to provide a family to such children who don't have one and also ensure their aftercare these rehabilitation measures were not available to the child under the juvenile justice act, 1986 clause 41—this clause provides for adoption as one of the methods for rehabilitation of orphaned, abandoned, neglected and exploited children this has been provided for suck categories of children who have no identity of their own and after adoption would get an identity of the adoptive parents, this clause has been based on article 21 of the united nations convention on rights of the child and specific powers have been assigned to competent authorities to give children on adeption and various procedures involved for the same, clause 42—this clause provides for foster care as another alternative for rehabilitation of child as a short term and temporary measure 'this alternative has been provided for infants who are in need of care and protection it also empowers the state government to make rules for the purpose of carrying out foster care programmes for such categories of children clause 43—this clause provides for yet another alternative for rehabilitation of a juvenile or the child viz sponsorship programmes this clause also provides for various options for sponsorship of such categories of children which can be individual sponsorship, group sponsorship or community sponsorship to take care of various needs of the child in need of care and protection while allowing them to stay with their own families, clause 44—this clause provides for establishment and recognition of aftercare organizations for carrying out aftercare programmes for rehabilitation of child in conflict with law and child in need of care and protection after they leave special homes or children homes this clause also provides for various procedural details regarding standards and nature of services to be provided in such aftercare organizations and also prescribes the age upto which a juvenile or the child could remain in such aftercare organizations, clause 45,—this clause empowers the state governments to make rules for carrying out various rehabilitation and social reintegration programmes including linkages and coordinations between various agencies, the purpose of this clause is to obtain optimum tesults from the efforts made by various agencies, both governmental and non-governmental, towards rehabilitation and social reintegration of juvenile or the child clauses 46 and 47—these clauses provide for procedures regarding attendance of parents or guardians of juvenile or the child and dispense with the attendance of juvenile or the child the reason for these clauses is to ensure that at all stages from the initial contact till disposition, extreme care is taken to avoid any harm to the sensi tivity of juvenile or the child clause 48—this clause provides for special care to be taken for the juvenile or the child who is suffering from various physical and mental ailments and will respond to the treatment it is very important to take special care for such children to avoid any harm to such category clause 49—this clause specifies procedures for presumption and determination of age of a juvenile or the child for the purposes of this bill and protection available to the order of the competent authority clause 50—this clause provides for specific provisions in case of the juvenile or the child whose ordinary place of residence lies outside the jurisdiction of the competent authority before whom he is brought and action has to be taken for his transfer to the appropriate jurisdiction clause 51—this clause provides for the juveniles and the children's rights to privacy and confidentiality at all stages of proceedings by the authorities under this bill, which needs to be protected clauses 52 to 55—these clauses deal with appeals, revision, etc these are primarily based on sections 37 to 40 of the juvenile justice act, 1986, clauses 56 to 58—these clauses empower the state government and local authority to discharge and transfer the special categories of juvenile or the child from one home to another home or to specific treatment centres in casé the child is of unsound mind or suffering from leprosy or addicted to drug clause 59—this clause deals with release and absence of juvenile or the said oe placement under supervision of any responsible person who is wiling to receive such juvenile or the child for his education and vocational training : is mew provided to take care of proper rehabilitation in the best interest of the child, clause 60—this clause empowers the competent authority " rake an orier requiring the parent or other persons liable to maintain the juvenile or the a - " controle for the maintenance ef the juvenile or the child this fas eon iene tes parents and other concemed do not abandon such categories of children clause 61—this clause authorizes the state goverament or focal author babaese ' ilitation of children who are to be dealt under the a a fund for the welfare and rehabilitation o! t are t ides the proposed i 'ovides for other procedures regarding com' iribution and administration ©! i : 7 1 of th hire "the tnd can serve as a pool to be used for carrying oui various rehabilitative measures to be taken for proper upbringing of these children clause 62~—this clause empowers the central government or the state government  f d it is vatters relating to establishment an i visory board to advise on the mat t , 0 a ae ot i including rehabilitative measures to be carried out for qmaintenance of varicus homes provides i j ile i alict with law it also i i d of care and protection and juvenile in con! an p for diaict and city level advisory boards which are the same as disirici and city level inspection committees to be constituted under clause 35 clause 63—this clause provides for special tuveniie poles unit fe wed cone the police officers who frequently or exclusively deal with ines cor oh we ae imarily engaged in prevention of juvenile crimes or handling o! the juv: eens py ie vin p iaining and designate them as juvenile ox the child welfare officer is ie a potent becatie police system is the system, which is one of the major systems, whic! comes in contact with these categories of children almosi everyday, and their sensitization towards such children is of utmost importance a a —thi akes a provision for delinquent juvent le undergoin: sentonon ner tba aresile fut, act, 1986 and their status on the ae or commencement of this bill this is for ensuring their protection under the proposed law ; clause 65—this clause makes the provision of chapter xxx of the code of criminal procedure, 1973 applicable to bonds taken under this bill clause 66—this clause empowers the state government to delegate its powers for smooth implementation of the provisions of the bill clause 67 —this clause provides for protection actions taken in good faith by persons responsible for the implementation of the provisions of the bill  clause 68—this clause deals with the powers of the state government ae ms ie rules this clause is important for the bill because the implementation o: be carried out by the state governments 7 clause 69—this is the usual clause of repeal and savings and repeals the existing juvenile justice act, 1986 which is being replaced by this bill " clause 70—this clause empowers the central government to remove the difficulties arising out of the various provisions of this bill  financial memorandum'the proposed iegislation aims at providing justice to juvenile or the child in the spirit of the principle enshrined in this bill, to make the justice system for juvenile or the child more appreciative of the developmental needs in comparison to criminal justice sysiem as applicable to adults, spell out the role of the state as facilitator rather than doer by invelving voluntary organizations and local authorities in the implementation of this bill when enacted, and above ail to bring it in conformity with the united nations convention on the rights of the child this legislation would be implemented largely by the states and the union territories who would utilize the existing infrastructure available iscter the juvenile justice act, 1986 the emphasis would be to shift from institutional ace to bring in the family and the community the task of care, protection, treatment, development, rehabilitation and aftercare of juvenile in conflict with law and children in need of care and protection the expenditure incurred on this by the states will be met out of their tespective consolidated funds to the extent of fifty per cent while the remaining fifty per cent will be met by the government of india from the consolidated fund of india as is being done at present under a plan scheme in respect of homes, etc,, established under the juvenile justice act, 1986 expenditure incurred on this account by union territories will be met out of the consolidated fund of india and it is expected to be of the same order as is being incurred presently under the juvenile justice act, 1986, which will be replaced by this law the total amount of the current central share would be of the order of rupees eleven crores for the states and of rupees one crore for the union territories, both of recurring in nature  memorandum regarding delegated legislationclause 68 of the bill empowers the state government to make rules to carry out the purposes of this bill when enacted sub-clause (2) of that clause enumerates various matters in respect of which rules may be made these matters relate to, among others things, the procedure to be followed by a competent authority in holding sittings, inquiries and mode of dealing with juveniles suffering from dangerous diseases and mental complaints, certification, recognition of institutions as children homes, observation homes, special homes and shelter homes, management and inspection of various institutions set up or recognized under this bill; the qualifications of the chairperson and members of the juvenile welfare board; the rules of procedure and transaction of business at the meetings of the board, the manner of making reports to the police and to the child welfare committees, appointment of inspection committees for children homes, their purpose and tenure, facilities to be provided by various types of homes, schemes for foster care programmes and other schemes of sponsorship of children, the matter relating to aftercare organizations, ensuring linkages between various agencies for facilitating rehabilitation and social integration of the child; and the manner in which and the purposes for which, the fund is to be administered 2, the matters in respect of which rules may be made are matters of procedure or detail the delegation of legisiative power is, thus, of a normal character, 