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State of Punjab - Section

Section 33 in The Juvenile Justice (Punjab) Rules, 1987

33. Certification of institutions or recognition.

(1)If the Superintendent of any institution desires that the institution may be certified or recognised under the Act, he shall make a written application together with a copy each of the rules, bye-laws, articles of association, list of members of the society/association running the institution, office-bearers and a statement showing the status and past record of social or public service of the institution and the society running the institution to the Chief Inspector who shall either inspect the institution himself or cause it to be inspected by any of his subordinate officers and shall make a report to the State Government/Administrator regarding the provision made in the institution for the boarding, lodging general health of the inmates, the quality of the educational, vocational training and treatment services made available and sources of income, and may recommend certification or recognition with specific reference to the age group and sex.
(2)The State Government/Administrator may on receipt of the report of the Chief Inspector and after satisfying himself that the institution possesses sufficient financial means to carry out its obligations, certify or grant recognition to or certify the institution under sections 9, 10 and 11 of the Act or as the case may be, on condition that it shall undertake to:
(a)comply with the standards of services as laid down by the State Government/Administrator from time to time and to ensure on all-round growth and development of juveniles placed under its charge;
(b)abide by these rules and any instructions issued by the Chief Inspector or the competent authority and see that the same are followed by the personnel of the institution;
(c)provide such staff as may be required by the Chief Inspector or the competent authority from time to time;
(d)furnish to the Chief Inspector, wherever required, a statement of its financial position including the balance sheet and audited report.
(3)The State Government/Administrator may, on the report of the Chief Inspector, if dissatisfied with the conditions, rules, management or superintendence of an institution certified or recognised under the Act, at any time by notice served on the Superintendent of the institution declare that the certificate or recognition of the institution as the case may be shall stand withdrawn as from a date specified in the notice and from the said date the institution shall cease to be an institution certified or recognised under sections 9, 10 or 11 of the Act, as the case may be.
(4)The State Government/Administrator may instead of withdrawing a certificate or recognition by notice served on the manager of the institution prohibit admission of juveniles to the institution for such time as may be specified in the notice or until the notice is revoked, whichever is earlier. Before the issue of a notice a reasonable opportunity shall be given to the Superintendent of the institution to show cause why the certificate or recognition may not be withdrawn or admission may not be prohibited, as the case may be.
(5)The decision to withdraw or to restore the certificate, or recognition of the institution may be taken on the basis of a thorough investigation by a specially constituted committee including among its members a representative of a voluntary institution or organisation other than the one under consideration.
(6)The Superintendent of an institution may on giving six months' notice in writing to the authority concerned through the Chief Inspector of their intention to do so, resign the certificate or recognition of the institution and accordingly at the expiration of six months from the date of notice, unless before that time the notice is withdrawn the resignation of the certificate or recognition shall take effect and the institution shall cease to be certified or recognised under the Act or these Rules.
(7)A juvenile shall not be received into an institution after the date of the receipt by the Superintendent of the institution of a notice of withdrawal of the certificate or recognition or after the date of notice of resignation of the certificate or recognition. The obligation of the Superintendent to teach, train, lodge, clothe and feed any juvenile detained in the institution at the respective dates aforesaid shall except so far as the authority concerned otherwise directs, continue until the withdrawal or resignation of the certificate or recognition takes effect.
(8)When an institution ceases to be an institution certified or recognised under sections 9, 10 or 11 of the Act or the juveniles detained therein shall under orders of the officer empowered in this behalf by the State Government/Administrator be either, -
(a)discharged absolutely or on such condition as the officer may impose, or
(b)transferred to some other institution established, certified or recognised under sections 9, 10 or 11 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/Court.