Section 38 in The Juvenile Justice (Care and Protection of Children) Rules, 2001 (Model)
38. Certification or recognition and transfer of Management of Institutions.
(1)If the management of any organisation desires that its organisation may be certified or recognised under the Act, the same shall make an application together with a copy each of the rules, bye-laws articles of associations, list of members of the society or the association running the organization, office bearers and a statement showing the status and past record of social or public service provided by the organisation, to the State Government, who shall after verifying the provisions made in the organization for the boarding and lodging, general health educational facilities, vocational training and treatment services may grant certification or recognition under Sections 8,9,34, 37 and 11 of the Act, as the case may be, on the condition that the organisation shall comply with the standard or services as laid down under the Act and the rules framed their under, from time to time and to ensure an all round growth and development of juvenile or child placed under its charge.(2)The State Government may, transfer the management of any State run institution under the Act to a voluntary organisation of repute, who has the capacity to run such an institution, and certify the said voluntary organisation as a fit institution to own the requisite responsibilities under a memorandum of Understanding for a specified period of time.(3)The institution and the infrastructure already available with the State Government in relation to the Juvenile Justice Act, 1986 shall be suitably used for implementing the Act.(4)The State Government may, if dissastified with the conditions, rules, management of the organisation certified or recognised under the Act, at any time, by 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of the organization, declare that the certificate or recognition of the organization, as the case may be, shall stand withdrawn as from a date specified in the notice and from the said date, the organisation shall cease to be an organisation certified or recognised under Sections 8,9,34,37, or 44 of the Act, as the case may be.Provided that the concerned organization shall be given an opportunity of making a representation in writing, within a period of thirty days, against the grounds of withdrawal of certificate or recognition of that organization.(5)The decision to withdraw or to restore the certificate, or recognition of the organisation may be taken, on the basis of a through investigation by a specially constituted advisory board under Section 62 of the Act.(6)On the report of the advisory board, the Officer-in-charge of the home shall be asked to show cause so as to give an explanation within thirty days.(7)When an organisation cases to be an organisation, certified or recognised under Sections 8, 9, 34, 37 or 44 of the Act, the juvenile or the child kept therein shall, under the orders of the designated officer empowered in this behalf by the State Government, be either-(a)discharged absolutely or on such conditions as the officer may impose; or(b)transferred to some other institution established certified or recognised under Sections 8,9,34,37 or 44 of the Act, in accordance with the provisions of the Act and the rules relating to their discharge and transfer by giving intimation of such discharge or transfer to the Board or the Committee, as the case may be.
