Power of States to make rules (Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000)

Legal provisions regarding power of States to make rules under Section 68 of the Juvenile Justice (Care and Protection of Children) Act, 2000.

(1) The State Governments may, by notification in the Official Gazette, make rules to carry out the purposes of this Act:

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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 may make rules under this section and where any such model rules have been framed in respect of any such matter, they shall apply to the State until the rules in respect of that mater is made by the State Government and while making any such rules so far as is practicable, they conform to such model rules.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:

(i) The term of office of the members of the Board and the manner in which such members may resign under sub-section (4) of Section 4;

(ii) The 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 5;

(iii) 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and the circumstances in which and the manner in which, the certification of the observation home may be granted or withdrawn and such other matters as are referred to in Section 8;

(iv) 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by them and the circumstances in which and the manner in which, the certification of the special home may be granted or withdrawn and such other matters as are referred to in Section 9;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 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 (1) of Section 30.

(ix) 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 inquiry under sub-section (2) of Section 32;

(x) The management of children’s homes including the standards and nature of services to be provided by them, and the manner in which certification of a children’s home or recognition to a voluntary organization 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;

(xii) Facilities to be provided by the shelter homes under sub-section (3) of Section 37;

(xiii) Rehabilitation mechanism to be resorted to in adoption under sub-section (2), notification of guidelines under sub-section (3) and the manner of recognition of specialized adoption agencies under sub-section (4) of Section 41;

(xiv) For carrying out the scheme of foster care programme of children under sub-section (3) of Section 42;

(xv) For carrying out the schemes of sponsorship of children under sub-section (2) of Section 43;

(xvi) Matters relating to after-care organization under Section 44;

(xvii) For ensuring effective linkages between various agencies for facilitating rehabilitation and social integration of the child under Section 45;

(xviii) The purposes and the manner in which the fund shall be administered under sub-section (3) of Section 61;

(xix) Any other matter which is required to be, or may be, prescribed.

(3) Every rule made by the Central Government 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 both Houses agree that the rule should not be made, the rule 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.

(4) 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.