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State of Jammu-Kashmir - Section

Section 24 in Jammu and Kashmir Juvenile Justice Rules, 2007

24. Procedure etc, in relation to Advisory Board.

(1)The Board shall hold its sitting in the premises of a Juveniles' Home and shall meet at least three days a week.
(2)The quorum for the meeting shall be three members attending, which may include the Chairperson.
(3)Any decision taken by an individual member, when the Board is not sitting, shall require ratification by the Board, by the order of at least two members.
(4)The final disposal of cases relating to juvenile in need of care and protection, shall take place from the office of the committee, by the order of at least two members.
(5)The Advisory Board shall take into consideration the age, physical and mental health background, opinion of the juvenile and the recommendation of the case worker, prior to disposal of such cases.CHAPTER-III 25. Production of a Juvenile child before the Advisory Board.
(1)Any juvenile or child in need of care and protection shall be produced before the Committee by one of the following persons:-
(i)any police office or special juvenile Police Unit or a designated police officer;
(ii)any public servant;
(iii)any voluntary organization or an agency as may be recognized by the Government;
(iv)any social worker or a public spirited citizen authorized by the Government, or
(v)by the Juvenile or child himself.
(2)When any person or organization authorized under clause (iv) receives a juvenile or child in need of care and protection, he may produce the juvenile or child before the Board with the report of the circumstances under which the juvenile or child came to his notice.
(3)A juvenile or child, above two years of age, shall be produced before the Board within forty eight hours of such admission, excluding the journey time taken by the person or the organization; and for juvenile or child under two years of age, the person or the organization shall send a written report along with the photograph, within forty eight hours of admission, excluding the journey time.
(4)In case the Board is not sitting, the juvenile or child shall be kept in a place of safety and provided with all basic facilities and adequate protection.
(5)Every possible effort shall be made to trace and associate the family and assistance of recognized voluntary organizations or juvenile or child may also be taken.
(6)In case a recognized voluntary organization takes a juvenile or child to the Board, they shall also submit a report on the circumstances under which the juvenile or child came to their notice, and efforts shall be made by them for tracing the family.
(7)The Board shall make arrangements to send the juvenile or child to the designated place of safety, with age and sex appropriate facilities, pending the inquiry.
(8)The juvenile or child may be escorted by the police officer or representative of the voluntary organization or by any other arrangement as considered appropriate by the Board.
(9)The competent authority may, while making an order placing a juvenile or child under the care of a parent, guardian or fit person, as the case' may be, direct such parent, guardian or fit person to enter into a bond in Form IV with or without sureties.
(10)Whenever the Committee orders a juvenile or child to be kept in an institution, it shall forward to the Officer-in-Charge of such institution a copy of its order in Form-III with particulars of the home and parents or guardian and previous record.
(11)The juvenile or child shall be lodged in a home closest to where he belongs.CHAPTER-IV 26. Procedure for inquire.
(1)When a juvenile or child is brought before the Advisory Board, the Board shall assign the case to a social worker or case worker or juvenile or child welfare officer or Officer-in-Charge, as the case may be, of the home or any recognized agency for conducting the inquiry.
(2)The direction for the inquiry under sub rule (1) shall be given in Form-I.
(3)The Board shall direct the concerned person or organization about the details or particulars to be enquired into for suitable rehabilitation.
(4)The inquiry must be completed within four months unless special circumstances do not permit to do so in the interest of the juvenile or child, and for which a written extension must be taken by the inquiring officer or the agency under sub-section(3) of section 9 of the Act.
(5)After completion of the inquiry, if, the juvenile or child is under orders to continue in the juvenile home, the Board shall carry out an annual review of the progress of the juvenile in the home.