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Union of India - Section

Section 78 in The Juvenile Justice (Care And Protection Of Children) Rules, 2007

78. Transfer.

(1)During the inquiry, if it is found that the juvenile or child hails from a place outside the jurisdiction of the Board or Committee, the Board or Committee shall order the transfer of the juvenile or child and send a copy of the order to the State Government or State or District Child Protection Unit:Provided that:-
(i)such transfer is in the best interest of the juvenile or child;
(ii)no child shall be transferred or proposed to be transferred only on the ground that the child has created problems or, has become difficult to be managed in the existing institution or, is suffering from a chronic or terminal illness or, on account of disability;
(iii)such transfer shall only take place after the completion of evidence and cross examination that may be required in a legal proceeding involving a juvenile or child; and
(iv)the reasons for and circumstances of such transfer are recorded in writing.
(2)The State Government or State or District Child Protection Unit shall accord-ingly:-
(i)send the information of transfer to the appropriate competent authority having jurisdiction over the area where the child is ordered to be transferred by the Board or Committee; and
(ii)send a copy of the information to the Officer-in-Charge of the institution where the child is placed for care and protection at the time of the transfer order.
(3)On receipt of copy of the information from the State Government or State or District Child Protection Unit, the Officer-in-Charge shall arrange to escort the child at Government expenses to the place or person as specified in the order.
(4)On such transfer, case file and records of the juvenile or child shall be sent along with the juvenile or child.