The juvenile justice (care and protection of children) act, 2000 (Bare Act)/ Universal Law Publishing

Contributor(s): Universal Law PublishingMaterial type: TextTextPublication details: New Delhi: Universal Law Publishing, 2010Description: 132 pSubject(s): Juvenile justice, Administration of -- India | Juvenile justice, Administration of | IndiaDDC classification: 344.54
Contents:
THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000 Introduction CHAPTER I PRELIMINARY Sections 1. Short title, extent commencement and application 2. Definitions 3. Continuation of inquiry in respect of juvenile who has ceased to be a juvenile CHAPTER II JUVENILE IN CONFLICT WITH LAW 4. Juvenile Justice Board 5. Procedure, etc., in relation to Board 6. Powers of Juvenile Justice Board 7. Procedure to be followed by a Magistrate not empowered under the Act 7A. Procedure to be followed when claim of juvenility is raised before any court 8. Observation homes 9. Special homes 10. Apprehension of juvenile in conflict with law 11. Control of custodian over juvenile 12. Bail of juvenile 13. Information to parent, guardian or probation officer 14. Inquiry by Board regarding juvenile 15. Order that may be passed regarding juvenile 16. Order that may not be passed against juvenile 17. Proceeding under Chapter VIII of the Code of Criminal Procedure not competent against juvenile 18. No joint proceeding of juvenile and person not a juvenile 19. Removal of disqualification attaching to conviction 20. Special provision in respect of pending cases 21. Prohibition of publication of name, etc., of juvenile in conflict with law or child in need of care and protection involved in any proceeding under the Act 22. Provision in respect of escaped juveiule 23. Punishment for cruelty to juvenile or child 24. Employment of juvenile or child for begging 25. Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to juvenile or child 26. Exploitation of juvenile or child employee Sections 27. Special offences 28. Alternative punishment CHAPTER III CHILD IN NEED OF CARE AND PROTECTION 29. Child Welfare Cominittee 30. Procedure, etc., in relation to Committee 31. Powers of Committee 32. Production before Committee 33. Inquiry 34. Children's homes 35. Inspection 36. Social auditing 37. Shelter homes 38. Transfer 39. Restoration CHAPTER IV REHABILITATION AND SOQAL REINTEGRATION 40. Process of rehabilitation and social reintegration 41. Adoption 42. Foster care 43. Sponsorship 44. Afterore organisation 45. Linkages and co-ordination CHAPTER V MISCELLANEOUS • 46. Attendance of parent or guardian of juvenile or child 47. Dispensing with attendance of juvenile or child 48. Committal to approved place of juvenile or child suffering from dangerous diseases and his future disposal 49. Presumption and determination of age 50. Sending a juvenile or child outside jurisdiction 51. Reports to be treated as confidential 52. Appeals 53. Revision 54. Procedure in inquiries, appeals and revision proceedings 55. Power to amend orders 56. Power of competent authority to discharge and transfer juvenile or child 57. Transfer between children's homes, imder the Act, and juvenile homes of like nature in different parts of India 58. Transfer of juvenile or child of unsound mind or suffering from leprosy or addidted to drugs 59. Release and absence of juvenile or child on placement 60. Contribution by parents 61. Fund 62. Central, State, district and city advisory boards 62A. ConsHtution of Child Protection Unit responsible for implementation of the Act 16 16 / /* 63. Special juvenile police unit 64. Juvenile in conflict with law undergoing sentence at commencement of this Act 65. Procedure in respect of bonds 66. Delegation of powers 67. Protection of action taken in good faith 68. Power to make rules 69. Repeal and savings 70. Power to remove difficulties THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) RULES, 2007 CHAPTER I PRELIMINARY Short title and commencement Definition CHAPTER 11 FUNDAMENTAL PRINCIPLES OF JUVENILE JUSTICE AND PROTECTION OF CHILDREN Fundamental principles to be followed in administration of these rules. CHAPTER III JUVENILE IN CONFLICT WITH LAW Juverule Justice Boards Composition of the Juvenile Justice Board Tenure of the Board Qualifications for Members of the Board Sitting and conveyance allowances Sittings of the Board Functions of the Board Pre and Post-Production action of police and other agencies Procedure to be followed in determination of Age Post-production processes by the Board Legal Aid Completion of Inquiry and Dispositional Alternatives Institutions for juveniles in conflict with law Release Procedure to be followed in respect of sections 21, 22, 23, 24, 25 and 26 of the Act CHAPTER IV CHILD IN NEED OF CARE AND PROTECTION Child Welfare Conunittee Composition of the Child Welfare Committee Tenure of the Committee Qualifications for Chairperson and Members of the Committee Sitting and conveyance allowances Rules 24. Sitting of the Committee 25. Functions and Powers of the Committee 26. Procedure in relation to Committee 27. Production of a Child before the Committee 28. Procedure for inquiry 29. Children's Homes 30. Shelter Homes 31. Guidelines for prevention of sexual abuse of children CHAPTER V REHABILITATION AND SGQAL REINTEGRATION 32. Rehabilitation and Social Reintegration 33. Adoption 34. Foster Care 35. Criteria for selection of families for foster care 36. Pre-adoption Foster Care 37. Sponsorship 38. After Care Organisation 39. Linkages and co-ordination CHAPTER VI STANDARDS OF CARE FOR INSTITUTIONS 40. Physical infrastructure 41.- Clothing and Bedding 42. Sanitation and Hygiene 43. Daily Routine 44. Nutrition and Diet Scale 45. Medical Care 46. Mental Health 47. Education 48. Vocational Training 49. Recreation facilities 50. Institutional Management of juveniles or children 51. Prohibited Articles 52. Articles found on search and inspection 53. Disposal of articles 54. Maintenance of case file 55. Management Committee 56. Children's Committees 57. Rewards and Earnings 58. Visits to and communication with juveniles or children 59. Death of a juvenile or child 60. Abuse and exploitation of the juvenile or child 61. Juvenile or Child suffering from dangerous diseases or mental health problems 62. Leave of absence of a juvenile or child 63. Inspection Soda! Audit .' • Restoration and Follow-up Visitor's Book Maintenance of Registers Personnel or Staff of a Home CHAPTER VII MISCELLANEOUS Recognition of fit persons or fit institution Certification or recognition and transfer of Management of Institutions and after care organizations Registration under the Act Grant-in-aid to certified or recogiuzed organization Admission of outsiders Identity Photos •' Police Officers to be in plain clothes c Prohibition on the use of handcuffs and fetters Procedure to be followed by a Magistrate not empowered under the Act Transfer Procedure for sending a juvenile or child outside the jurisdiction of the competent authority State Child Protection Unit District Child Protection Unit Setting of the Child Welfare Committee • ' Setting up of Juvenile Justice Board Special Juvenile Police Unit Honorary or Voluntary Welfare Officers and Probation Officers Duties of the Officer-in-Charge of an institution Duties of a Probation Officer or Child Welfare Officer or Case-Worker Duties of House Father or House Mother Disqualification for Officer-in-Charge, probation officer or child welfare officer or case-worker, house father or house mother and other care givers and staff Training of Personnel Selection Committee and its composition Functions of the Selection Committee Advisory Boards Openness & Trairsparency Juvenile Justice Fund » Application of these rules Pending Cases Disposed off cases of juveniles in conflict with law Disposal of records or documents Repeal SCHEDULE I.—Clothing, bedding, toiletries and other articles (Rule 41) SCHEDULE II.—Nutrition and Diet Scale (rule 44) FORM 1.—^Supervision Order FORM U.—[Order of detention—See rule 13(lXd)] FORM m.—Order of social investigation/inquiry FORM rv.— Social investigation report FORM V.— Undertaking/bond to be executed by a parent/guardian/ relative/fit person in whose care a juvenile is placed FORM VI.— Personal bond by juvenile/child FORM VII.— Discharge order FORM Vin.— Supervision order FORM IX.— Undertaking by the parent or 'fit person' to whom child is restored FORM X.— Order of short-term placement pending inquiry FORM XI.— Order of restoration of a child to an institution FORM XII.— Order for enquiry FORM Xlll.— Format for inquiry report FORM XrV.— Order for declaring child legally free for adoption FORM XV.— Deed of surrender FORM XVI.— A. Foster carer's assessment B. Home study report 1 C. Details of applicant(s) FORM XVIL—Order of foster care placement form XVUl.—Order of sponsorship placement FORM XIX.— Order of after care placement form XX.— Case history form for children in need of care and protection form XXI.— Individual care plan form XXll.—Escort order NATIONAL CHARTER FOR CHILDREN, 2003 Survival/ Life and Liberty Promoting High Standards of Health and Nutrition Assuring Basic Minimum Needs and Security Play and Leisiue Early Childhood Care for Survival, Growth and Development Free and Compulsory Primary Education Protection from Economic Exploitation and All Forms o A use Protection of the Girl Child Strengthening Family Responsibilities of Both Parents Disadvantaged Communities Page 101 Ensunng Child Friendly Procedures
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General Books General Books Central Library, Sikkim University
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344.54 UNI/J (Browse shelf(Opens below)) Available P12663
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THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000
Introduction
CHAPTER I
PRELIMINARY
Sections 1. Short title, extent commencement and application
2. Definitions 3. Continuation of inquiry in respect of juvenile who has ceased to be a juvenile
CHAPTER II JUVENILE IN CONFLICT WITH LAW
4. Juvenile Justice Board
5. Procedure, etc., in relation to Board
6. Powers of Juvenile Justice Board 7. Procedure to be followed by a Magistrate not empowered under the Act 7A. Procedure to be followed when claim of juvenility is raised before any court
8. Observation homes
9. Special homes 10. Apprehension of juvenile in conflict with law 11. Control of custodian over juvenile
12. Bail of juvenile 13. Information to parent, guardian or probation officer 14. Inquiry by Board regarding juvenile 15. Order that may be passed regarding juvenile 16. Order that may not be passed against juvenile 17. Proceeding under Chapter VIII of the Code of Criminal Procedure not competent against juvenile 18. No joint proceeding of juvenile and person not a juvenile 19. Removal of disqualification attaching to conviction 20. Special provision in respect of pending cases 21. Prohibition of publication of name, etc., of juvenile in conflict with law or child in need of care and protection involved in any proceeding under the Act
22. Provision in respect of escaped juveiule 23. Punishment for cruelty to juvenile or child 24. Employment of juvenile or child for begging 25. Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to juvenile or child 26. Exploitation of juvenile or child employee

Sections
27. Special offences
28. Alternative punishment
CHAPTER III
CHILD IN NEED OF CARE AND PROTECTION
29. Child Welfare Cominittee
30. Procedure, etc., in relation to Committee
31. Powers of Committee
32. Production before Committee
33. Inquiry
34. Children's homes
35. Inspection
36. Social auditing
37. Shelter homes
38. Transfer
39. Restoration
CHAPTER IV
REHABILITATION AND SOQAL REINTEGRATION
40. Process of rehabilitation and social reintegration
41. Adoption
42. Foster care 43. Sponsorship
44. Afterore organisation 45. Linkages and co-ordination
CHAPTER V
MISCELLANEOUS
• 46. Attendance of parent or guardian of juvenile or child 47. Dispensing with attendance of juvenile or child 48. Committal to approved place of juvenile or child suffering from dangerous diseases and his future disposal 49. Presumption and determination of age 50. Sending a juvenile or child outside jurisdiction 51. Reports to be treated as confidential
52. Appeals
53. Revision 54. Procedure in inquiries, appeals and revision proceedings
55. Power to amend orders 56. Power of competent authority to discharge and transfer juvenile or child 57. Transfer between children's homes, imder the Act, and juvenile homes of like nature in different parts of India 58. Transfer of juvenile or child of unsound mind or suffering from leprosy or addidted to drugs 59. Release and absence of juvenile or child on placement
60. Contribution by parents
61. Fund 62. Central, State, district and city advisory boards 62A. ConsHtution of Child Protection Unit responsible for implementation of the Act
16
16
/ /*
63. Special juvenile police unit
64. Juvenile in conflict with law undergoing sentence at commencement of this Act
65. Procedure in respect of bonds 66. Delegation of powers 67. Protection of action taken in good faith
68. Power to make rules
69. Repeal and savings
70. Power to remove difficulties

THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) RULES, 2007
CHAPTER I
PRELIMINARY
Short title and commencement
Definition
CHAPTER 11
FUNDAMENTAL PRINCIPLES OF JUVENILE JUSTICE
AND PROTECTION OF CHILDREN
Fundamental principles to be followed in administration of these rules.
CHAPTER III
JUVENILE IN CONFLICT WITH LAW
Juverule Justice Boards
Composition of the Juvenile Justice Board
Tenure of the Board
Qualifications for Members of the Board Sitting and conveyance allowances
Sittings of the Board
Functions of the Board
Pre and Post-Production action of police and other agencies
Procedure to be followed in determination of Age Post-production processes by the Board Legal Aid Completion of Inquiry and Dispositional Alternatives Institutions for juveniles in conflict with law
Release Procedure to be followed in respect of sections 21, 22, 23, 24, 25
and 26 of the Act
CHAPTER IV
CHILD IN NEED OF CARE AND PROTECTION
Child Welfare Conunittee Composition of the Child Welfare Committee
Tenure of the Committee Qualifications for Chairperson and Members of the Committee
Sitting and conveyance allowances

Rules
24. Sitting of the Committee
25. Functions and Powers of the Committee
26. Procedure in relation to Committee
27. Production of a Child before the Committee
28. Procedure for inquiry
29. Children's Homes
30. Shelter Homes
31. Guidelines for prevention of sexual abuse of children
CHAPTER V
REHABILITATION AND SGQAL REINTEGRATION
32. Rehabilitation and Social Reintegration
33. Adoption
34. Foster Care
35. Criteria for selection of families for foster care
36. Pre-adoption Foster Care 37. Sponsorship
38. After Care Organisation 39. Linkages and co-ordination
CHAPTER VI
STANDARDS OF CARE FOR INSTITUTIONS
40. Physical infrastructure 41.- Clothing and Bedding
42. Sanitation and Hygiene
43. Daily Routine
44. Nutrition and Diet Scale
45. Medical Care
46. Mental Health
47. Education
48. Vocational Training
49. Recreation facilities 50. Institutional Management of juveniles or children
51. Prohibited Articles
52. Articles found on search and inspection
53. Disposal of articles
54. Maintenance of case file
55. Management Committee
56. Children's Committees
57. Rewards and Earnings 58. Visits to and communication with juveniles or children 59. Death of a juvenile or child 60. Abuse and exploitation of the juvenile or child 61. Juvenile or Child suffering from dangerous diseases or mental health problems 62. Leave of absence of a juvenile or child 63. Inspection

Soda! Audit .' • Restoration and Follow-up
Visitor's Book
Maintenance of Registers
Personnel or Staff of a Home
CHAPTER VII
MISCELLANEOUS Recognition of fit persons or fit institution Certification or recognition and transfer of Management of Institutions and after care organizations Registration under the Act Grant-in-aid to certified or recogiuzed organization
Admission of outsiders
Identity Photos •' Police Officers to be in plain clothes c
Prohibition on the use of handcuffs and fetters Procedure to be followed by a Magistrate not empowered under the Act
Transfer Procedure for sending a juvenile or child outside the jurisdiction of the competent authority
State Child Protection Unit
District Child Protection Unit Setting of the Child Welfare Committee • ' Setting up of Juvenile Justice Board
Special Juvenile Police Unit Honorary or Voluntary Welfare Officers and Probation Officers Duties of the Officer-in-Charge of an institution
Duties of a Probation Officer or Child Welfare Officer or Case-Worker
Duties of House Father or House Mother Disqualification for Officer-in-Charge, probation officer or child welfare officer or case-worker, house father or house mother and other care givers and staff Training of Personnel
Selection Committee and its composition
Functions of the Selection Committee Advisory Boards Openness & Trairsparency Juvenile Justice Fund » Application of these rules Pending Cases Disposed off cases of juveniles in conflict with law Disposal of records or documents Repeal SCHEDULE I.—Clothing, bedding, toiletries and other articles (Rule 41) SCHEDULE II.—Nutrition and Diet Scale (rule 44) FORM 1.—^Supervision Order FORM U.—[Order of detention—See rule 13(lXd)] FORM m.—Order of social investigation/inquiry

FORM rv.— Social investigation report FORM V.— Undertaking/bond to be executed by a parent/guardian/ relative/fit person in whose care a juvenile is placed
FORM VI.— Personal bond by juvenile/child FORM VII.— Discharge order FORM Vin.— Supervision order FORM IX.— Undertaking by the parent or 'fit person' to whom child is restored
FORM X.— Order of short-term placement pending inquiry FORM XI.— Order of restoration of a child to an institution FORM XII.— Order for enquiry FORM Xlll.— Format for inquiry report FORM XrV.— Order for declaring child legally free for adoption FORM XV.— Deed of surrender FORM XVI.— A. Foster carer's assessment B. Home study report 1 C. Details of applicant(s) FORM XVIL—Order of foster care placement form XVUl.—Order of sponsorship placement FORM XIX.— Order of after care placement form XX.— Case history form for children in need of care and protection form XXI.— Individual care plan form XXll.—Escort order
NATIONAL CHARTER FOR CHILDREN, 2003
Survival/ Life and Liberty Promoting High Standards of Health and Nutrition
Assuring Basic Minimum Needs and Security Play and Leisiue Early Childhood Care for Survival, Growth and Development Free and Compulsory Primary Education Protection from Economic Exploitation and All Forms o A use
Protection of the Girl Child
Strengthening Family Responsibilities of Both Parents
Disadvantaged Communities
Page
101
Ensunng Child Friendly Procedures

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