The Juvenile Justice (Care and Protection of Children) Act, 2015 — back to Table of Contents
Section 110. Power to make rules.
(1) The State Government shall, by notification in the Official Gazette, make rules to carry out the purposes of this Act:
Provided that the Central Government may frame model rules in respect of all or any of the matters with respect to which the State Government is required to make rules, and where any such model rules have been framed, they shall apply to the State mutatis mutandis until the State makes its own rules, and while making any such rules, they shall conform to such model rules.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—
(i) manner of inquiry in case of a missing or run away child or whose parents cannot be found under sub-clause (vii) of clause (14) of section 2; (ii) responsibilities of the Child Welfare Officer attached to a Children’s Home under clause (17) of section 2; (iii) qualifications of the members of the Board under sub-section (2) of section 4; (iv) induction training and sensitisation of all members of the Board under sub-section (5) of section 4; (v) term of office of the members of the Board and the manner in which such member may resign under sub-section (6) of section 4; (vi) time of the meetings of the Board and the rules of procedure in regard to the transaction of business at its meeting under sub-section (1) of section 7; (vii) qualifications, experience and payment of fees of an interpreter or translator under clause (d) of sub-section (3) of section 8; (viii) any other function of the Board under clause (n) of sub-section (3) of section 8; (ix) persons through whom any child alleged to be in conflict with law may be produced before the Board and the manner in which such a child may be sent to an observation home or place of safety under sub-section (2) of section 10; (x) manner in which a person apprehended and not released on bail by the officer-in-charge of the police station may be kept in an observation home until produced before a Board under sub-section (2) of section 12; (xi) format for information on pendency in the Board to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate and District Magistrate on quarterly basis under sub-section (3) of section 16; (xii) monitoring procedures and list of monitoring authorities under sub-section (2) of section 20; (xiii) manner in which the relevant records of the child may be destroyed by the Board, police or the court under sub-section (2) of section 24; (xiv) qualifications of the members of the Child Welfare Committee under sub-section (5) of section 27; (xiv-a) the form of report submitted to the District Magistrate under sub-section (8) of section 27; (xv) rules and procedures with regard to transaction of business at the meetings of the Child Welfare Committee under sub-section (1) of section 28; (xvi) process of restoration of abandoned or lost children to their families under clause (x) of section 30; (xvii) manner of submitting the report to the Committee and the manner of sending and entrusting the child to Children’s Home or fit facility or fit person under sub-section (2) of section 31; (xviii) manner of holding an inquiry by the Child Welfare Committee under sub-section (1) of section 36;
(xix) manner in which a child may be sent to a Specialised Adoption Agency, Children’s Home or fit facility, person or foster family, and the manner in which such placement may be reviewed under sub-section (3) of section 36; (xx) manner of submitting the quarterly report to the District Magistrate for review of pendency of cases under sub-section (4) of section 36; (xxi) any other order related to any other function of the Committee under clause (iii) of sub-section (2) of section 37; (xxii) information to be given every month by the Committee to State Agency and Authority regarding children declared legally free for adoption and pending cases under sub-section (5) of section 38; (xxii-a) the form of quarterly report regarding restored, dead and runaway children under sub-section (4) of section 40; (xxiii) manner in which all institutions under this Act shall be registered under sub-section (1) of section 41; (xxiv) procedure for cancelling or withholding registration of an institution failing to provide rehabilitation and re-integration services under sub-section (7) of section 41; (xxv) manner in which information shall be sent every month by the open shelter to the District Child Protection Unit and Committee under sub-section (3) of section 43; (xxvi) procedure for placing children in foster care including group foster care under sub-section (1) of section 44; (xxvii) procedure for inspection of children in foster care under sub-section (4) of section 44; (xxviii) manner in which the foster family shall provide education, health and nutrition to the child under sub-section (6) of section 44; (xxix) procedure and criteria for foster care services under sub-section (7) of section 44; (xxx) format for inspection of foster families under sub-section (8) of section 44; (xxxi) purpose of undertaking various sponsorship programmes under sub-section (1) of section 45; (xxxii) duration of sponsorship under sub-section (3) of section 45; (xxxiii) manner of providing financial support to children leaving institutional care on completing eighteen years under section 46;
(xxxiv) management and monitoring of observation homes under sub-section (3) of section 47; (xxxv) management and monitoring of special homes under sub-sections (2) and (3) of section 48; (xxxvi) monitoring and management of Children’s Homes under sub-section (3) of section 50; (xxxvii) manner of recognising a fit facility under sub-section (1) of section 51; (xxxviii) procedure of verification of credentials for recognising a fit person under sub-section (1) of section 52; (xxxix) manner of providing rehabilitation and re-integration services and standards for basic requirements under sub-section (1) of section 53; (xl) manner in which the Management Committee of each institution shall be set up under sub-section (2) of section 53; (xli) activities that may be taken up by children’s committees under sub-section (3) of section 53; (xlii) appointment of inspection committees for the State and district under sub-section (1) of section 54; (xliii) manner of independent evaluation of the Board, Committee, special juvenile police units and registered institutions under sub-section (1) of section 55; (xliv) manner in which institutions shall furnish details of children declared legally free for adoption to the Specialised Adoption Agency under sub-section (2) of section 66; (xlv) any other function of the Authority under clause (e) of section 68;
(xlvi) criteria for selection or nomination of Steering Committee members and their tenure and terms of appointment under sub-section (2) of section 69; (xlvii) manner in which the Steering Committee shall meet under sub-section (4) of section 69; (xlviii) manner of submitting the Authority’s annual report under sub-section (1) of section 71; (xlix) functions of the Authority under sub-section (2) of section 72; (l) manner of maintaining accounts and records by the Authority under sub-section (1) of section 73; (li) period the Committee or Board may allow for treatment of a child suffering from a disease requiring prolonged medical treatment under section 92; (lii) procedure for transfer of child under sub-section (1) of section 95; (liii) provision for travelling allowance to escorting staff under sub-section (3) of section 95; (liv) procedure for the Committee or Board while holding any inquiry, appeal or revision under sub-section (1) of section 103; (lv) manner in which the juvenile justice fund shall be administered under sub-section (3) of section 105; (lvi) functioning of the Child Protection Society and District Child Protection Units under section 106; (lvii) enabling the National Commission or State Commission to monitor implementation of the Act under sub-section (1) of section 109; (lviii) any other matter which is required to be, or may be, prescribed.
(3) Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
(4) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.
Continue with Section 111 — Repeal and savings, or return to the Table of Contents.
