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State of Goa - Section

Section 6 in The Goa Children's Act, 2003

6. Children's Homes.

(1)All Children's Homes must be registered under this Act. Such Children's Homes as have already been set up prior to the commencement of this Act shall apply and must register themselves with the Director in the prescribed form within three months from the commencement of this Act.
(2)The provisions of this section shall not apply to:-
(a)any hostel, etc., directly regulated by a recognised educational institution;
(b)any school, home, or any other institution for children which is recognized by any other Act in force in the State;
(3)The State shall set up District Inspection Teams for the regulation, supervision and control of all Children's Homes in the State.
(4)The members of the District Inspection Team shall be appointed by the Secretary;
(5)The term of Office of a Member of the District Inspection Team shall be two years.
(6)A Member may at any time resign by giving notice in writing to the Secretary. The vacancy so created shall be filled in by the Secretary within two months.
(7)If, for any reason, the State Government considers it necessary to remove a Member, then it shall do so after recording its reasons in writing.
(8)On and from the commencement of this Act, no person shall maintain or conduct any Home except under, and in accordance with, the conditions of a certificate of registration granted under this Act.
(9)Every person desiring to maintain or run a home shall make an application for a certificate of registration to the Director in such form and containing such particulars as may be prescribed [and the Director shall forward the applications to the District Inspection Team for inspection of such Children Home and checking of all other requirements] [Inserted by Goa Children's (Amendment) Act, 2005 [Act No. 20 of 2005].].
(10)Provided that a person maintaining or conducting a home at the commencement of this Act shall be allowed a period of three months from such commencement to apply for such certificate get themselves registered under this Act.
(11)[The District Inspection Team shall, after scrutiny of application form and after checking all other requirements, forward its report to the Director. The Director shall issue or refuse to issue a Certificate of Registration, with approval of the Competent Authority, to the Children's Homes on the basis of such report of the District Inspection Team. Criteria for granting or for revoking registration shall be as prescribed.] [Substituted by Goa Children's (Amendment) Act, 2005 [Act No. 20 of 2005].]
(12)The Chief Functionary of the Children's Home can be authorized to surrender the registration by the Governing Body or Trust through a resolution passed, and can give an application to the District Inspection Team stating the desire to surrender the registration. However, the application has to be made six months in advance. The District Inspection Team has to arrange for another management to take over or entrust the Home/Institution to the State.
(13)Functions of the District Inspection Team shall include:
(a)Supervision and control generally of all matters relating to the management of homes in accordance with the provisions of this Act.
(b)[Checking the applications of those parties who have applied for registration and inspecting the institutions before making a recommendation to the Director;] [Substituted by Goa Children's (Amendment) Act, 2005 [Act No. 20 of 2005].]
(14)After a child completes 18 years, a report has to be prepared and submitted to the District Inspection Team, indicating the progress and mental state of the child and provisions for further support.
(15)In the event of death of an inmate, the Home shall submit a comprehensive report to the District Inspection Team.
(16)[ The District Inspection Team shall consider the report submitted under subsection (14) or (15), as the case may be, and make suitable recommendations to the Director.
(17)No Children's Home shall reject or refuse admission of any child in difficult circumstances for care or custody or education or rehabilitation when expressly directed by the Competent Authority or Director or Special Officer in writing.
(18)Every Children's Home shall ensure that no child under its care or custody is exposed to child abuse, or sexual offences or child trafficking or child prostitution or violation of its rights and that the best interest of all children are protected. Care givers shall also be personally responsible for the same.
(19)Any contravention or non-adherence of any provisions of this section by any Children's Home shall be punishable with imprisonment of either description for a term which may extend to three years and shall also be liable to a fine which may extend to Rs. 1,00,000/-.] [Sub-section (16) to (19) inserted by Goa Children's (Amendment) Act, 2005 [Act No. 20 of 2005].]