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State of Jharkhand - Section

Section 88 in Jharkhand Juvenile Justice (Care and Protection of Children) Rules, 2017

88. Selection of Chairperson and Members of the Committee or Board.

(1)The Member Secretary of the Selection Committee shall initiate the process of filling up a vacancy six months prior to the incumbent demitting office:Provided that if a vacancy arises on account of resignation or death of the Chairperson of the Committee or a Member of the Board or Committee the Member Secretary of the Selection Committee shall immediately initiate the process for filling up such vacancy.
(2)For selection of members of the Board or Chairperson and members of the Committee, the State Government through the Member Secretary of the Selection Committee shall call for applications through public advertisement in the local and national newspapers and official website of the Department implementing the Act.
(3)The Member Secretary shall screen all the applications received and place the applications which fulfill the basic eligibility requirements before the Selection Committee.
(4)The Selection Committee shall evaluate the candidates on the basis of qualifications, experience of working with children and personal interaction with the candidate.
(5)A member selected by the Selection Committee should not:
(i)be holding such full-time occupation that may not allow the person to give necessary time and attention to the work of the Board or the Committee as per the Act and rules;
(ii)be associated with any Child Care Institution, directly or indirectly, during his tenure as a member of the Board or Committee or have any other conflict of interest.
(iii)hold any office in any political party during his tenure, or
(iv)be insolvent.
(6)Where the Selection Committee is required to consider an application for renewal of tenure of Members of the Board or Committee as the case may be, it shall evaluate the application on the basis of the following criteria, namely:
(i)regular performance appraisals of the Member carried out by the District Judge or District Magistrate quarterly as per a specified format, a copy of which shall be made available to the Chairperson and Members of the Selection Committee by the Member Secretary;
(ii)complaints if any, received and addressed by the Selection Committee against the person seeking an extension of tenure; and
(iii)interaction with such applicant.
(7)The Selection Committee shall, on the basis of the evaluation procedure and criteria, select and recommend a panel of names in order of merit to the State Government for appointment as Members of the Board or Chairperson or Members of the Committee as the case may be.
(8)In recommending a panel of names, the Selection Committee shall prepare separate panels for the position of Chairperson of the Committee, Members of the Committee and Members of the Board respectively.
(9)The Selection Committee shall prepare a three member panel for each position, which shall be valid for a period of one year.
(10)The list of finalised names shall be duly signed by all members of the Selection Committee present at the time of selection and the Member Secretary of the Selection Committee shall forward the finalised list to the State Government for appointment. The State Government shall constitute one or more Boards or Committees, as the case may be, in each district through notification in Official Gazette within a period of two months of receipt of recommendations of Selection Committee.
(11)Names on the panel shall be valid for consideration for a period of one year which may be extended by six months where a new panel has not yet been constituted, in order to fill in vacancies which may arise during such period either due to non-reporting of the selected persons within a stipulated time from the date of appointment, or otherwise during the tenure of the Board or Committee.
(12)If a vacancy in the Board or Committee arises , the District Child Protection Unit shall inform the State Government for filling up such vacancy.
(13)The State Government shall fill the vacancies on the basis of the panel of names recommended by the Selection Committee within a period of three months from receiving such information from the District Child Protection Unit.
(14)If any complaint is made against a member of the Board or Committee, the State Government shall hold necessary inquiry except in respect of judicial officers; complaints against judicial officers shall be forwarded to the Registrar of the High Court for action.
(15)The State Government shall complete the inquiry within a period of one month and take appropriate action within two months.
(16)If a criminal case is registered against the person concerned, Government may suspend the appointment for such term as appropriate after due inquiry.