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State of Madhya Pradesh - Section

Section 44 in The M.P. Juvenile Justice (Care and Protection of Children) Rules, 2003

44. Joint Management.

(1)State run institutions may also be managed by Non-Government Organizations. Roles and responsibilities as well as other details of management may be finalized after specific and individualized consultation with the said organization and these may be agreed on through a Memorandum of Understanding for a specified period of time.The Memorandum of Understanding shall be signed by the parties in the manner, namely:-
(a)the roles and responsibilities of each party;
(b)the areas in which financial/programmatic inputs will be made by the collaborating agency;
(c)mechanisms for the review of the joint management;
(d)space for the participation of the children;
(e)the roles and responsibilities of the staff/volunteers who come into these institutions as part of the joint management efforts;
(f)any other matter relevant to the particular situation at the time.
(2)The institution and the infrastructure already available with the State Government as under the Juvenile Justice, Act, 1986 shall be suitably used for implementing the Act.
(3)The State Government, if dissatisfied with the conditions, rules, or management of the organization certified or recognized under the Act may at any time, giving two months' notice served on the manager of the organization, declare that the certificate or recognition of the organization as the case may be, shall stand withdrawn as from a date specified in the notice. From the said date the organization shall cease to be an organization certified or recognized under Section 8, 9, 34, 37 or 44 of the Act, as the case may be.
(4)The decision to withdraw or to restore the certificate, or recognition of the organization may be taken on the basis of a thorough investigation by a specially constituted advisory board under Section 62 of the Act. On the report of the Advisory Board, the Officer-in-Charge of the home shall be asked to show cause to give an explanation within 30 days.
(5)When an organization ceases to be an organization certified or recognized under Section 8,9,34,37 or 44 of the Act, the children kept therein shall under orders of the Designated Officer empowered in this behalf by the State Government be either,-
(a)discharged absolutely on such conditions as the Officer may impose; or
(b)transferred to some other institution established, certified or recognized under Section 8, 9, 34, 37 or 44 of the Act, in accordance with the provisions of the Act and rules relating to discharge and transfer. Intimation of such discharge or transfer shall be given to the Board or the Committee as the case may be.