Section 34 in Tamil Nadu Juvenile Justice (Care and Protection of Children) Rules, 2017
34. Cancellation or withholding of registration.
- (i) Upon the complaint received or on observation made by or by the direction of the Inspection Committee constituted under the Act or on the evaluation or inspection report of the Department of Social Defence or the Department of Differently Able or the District Collector, the District Child Protection Officer shall issue a show cause notice to the child care institution;(ii)on receipt of the show cause notice, the child care institution shall submit its reply within fifteen days to the District Child Protection Officer. The District Child Protection Officer shall then forward the reply of the child care institution with his preliminary inquiry report to the District Collector;(iii)In the event of lapses that are rectifiable, the District Collector shall give directions to the Officer-in-charge of the child care institution and give reasonable time to rectify the said lapses and on the compliance with the direction of the District Collector, the complaint may be closed forthwith;(iv)In case of lapses not being rectified, even after reasonable time being given, the District Collector shall determine such non-co-operation as being violative of the basic requirements to run an institution and shall recommend to the Director of Social Defence to take any further action as the Director of Social Defence may think fit;(v)upon receipt of the report from the District Collector, the Director of Social Defence may appoint an inquiry officer to inquire into the complaint by an Officer not below the rank of a Deputy Director. The Officer in charge of the Home shall be provided with the charges outlining the lapses committed and time given for submission of explanation. The inquiry shall be conducted and the inquiry report submitted within the time period granted by the Director of Social Defence;(vi)in case of charges being proved, the Director of Social Defence may cancel or withhold the registration:Provided that in the event of a lapse by an employee of the organisation and if the Governing body of the institution has initiated criminal prosecution against the employee involved and such action taken against the employee has been found to be appropriate and sufficient by the Director of Social Defence, a warning may be issued and the matter be closed;(vii)in case of cancellation or withholding of the registration of a child care institution, the District Collector shall make an alternate arrangement for running of the Home for a maximum period of one year or till the end of the academic year. In case the children cannot continue to be accommodated in the same premises, the District Collector shall make arrangements to transfer the children to a suitable registered child care institution without affecting their education;(viii)an appeal to such a cancellation or withholding of registration may be made to the Government within a period of forty five days of passing order and such appeal shall be disposed of within a period of ninety days from the date of receipt of the appeal application:Provided that an appeal made beyond a period of forty five days may be considered in exceptional circumstances;(ix)Upon cancellation or withholding of registration of the institution,-(a)the children may continue to reside in the same premises till the completion of the academic year but running of the child care institution shall not vest with the same organisation but shall be entrusted to an institution having valid registration;(b)in case where premises are not conducive for continued occupation, the children shall be immediately produced before the Committee or Board, as the case may be, for appropriate action for transfer to a suitable institution;(c)funds received specifically by such institution for maintenance of the children, shall continue to be utilised for the well-being of the children accommodated in the said institution;(x)no children shall be admitted in the institution during the period of withholding of registration.
