Section 23 in The Maharashtra Juvenile Justice (Care and Protection of Children) Rules, 2002
23. Certification of institutions or organisations and its recognition.
(1)If the management of any organisation or institution desires that its organisation or institution 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 association, list of members of the society or the association running the organisation or institution, office bearers and a statement showing the status and past record of social or public service provided by the organization or institution, to the Commissioner, who shall after verifying the provisions made in the organization or institution 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 44, as the case may be, on the condition that the organization or institution shall comply with the standards or services as laid down under the Act and the rules framed thereunder, 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 fit institution of repute who has the capacity to run such institution. This should be done 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)If the State Government is not satisfied with the working of the organization or institution, it may direct the Advisory Board to make inquiries regarding the same within a period of seven days.(5)Based on the report of the Advisory Board, the State Government shall issue a notice on the Manager of the organization or institution and give a one month's time to the organization or institution to rectify its flaws and to settle its problems.(6)If the organization or institution fails to rectify its flaws and settle its problem within given time or no satisfactory progress is seen then the State Government may,-(a)Issue a show cause notice to the organization or institution declaring that the certificate or recognition of the organization or institution, as the case may be, shall stand withdrawn from a date specified in the notice and from the said date the organization or institution shall cease to be an organization or institution certified or recognized under section 8, 9, 34, 37 or 44, as the case may be; or(b)Take any other action, as may deem fit.(8)When an organization or institution ceases to be an organization or institution certified or recognized under section 8, 9, 34, 37 or 44, the Juvenile or children kept therein shall either be,-(i)discharged absolutely or on such conditions as the officer in charge may impose or,(ii)transferred to some other institution established, certified or recognized under section 8, 9, 34, 37 or 44 in accordance with the provisions of the Act and rules relating to discharge and transfer with the orders of the Competent Authority. Intimation of such discharge or transfer shall be given to the Board or the Committee as the case may be.
