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State of Bihar - Section

Section 41 in Bihar Juvenile Justice (Care and Protection of Children) Rules, 2015

41. Physical infrastructure.

(1)The homes for juveniles in conflict with law and children in need of care and protection shall function from separate premises.
(2)The accommodation in each institution shall be as per the following criteria, namely:-
(a)Observation Home or Place of Safety:
(i)Separate observation homes for girls and boys;
(ii)Classification and segregation of juveniles according to their age group preferably 7-11 years, 12-15 years and 16-18 years, giving due consideration to physical and mental status and the nature of the offence committed.
(b)Special Home:
(i)Separate special Home for girls above the age of 10 years and boys with further segregation in the age group of 11 to 15 and 16 to 18 years;
(ii)Classification and segregation of juveniles on the basis of age and nature of offences and their mental and physical status.
(iii)The State Government shall notify a 'Place of Safety' to accommodate juveniles who have been referred by the Board under Section 16 of the Act, in such manner as prescribed from time to time.
(c)Children's Home:
(i)Separate facilities for children in the age group of 0-5 years with appropriate facilities for infants.
(ii)Separate children's homes for boys and girls in the age group of 6 to 18 years with a further classification and segregation of girls and boys in the age group of 6 to 10 years, 11 to 15 years and 16 to 18 years;
(d)Shelter Home:
(i)Separate shelter homes for girls and boys;
(ii)Classification and segregation of girls and boys in the age group of 6 to 10 years, 11 to 15 and 16 to 18 years.
(3)The building or accommodation for an institution with 50 juveniles or children may include space for:-
(i)2 Dormitories or living room,
(ii)2 Classrooms,
(iii)Sickroom/First aid room,
(iv)Kitchen and Dining Hall, Store
(v)Recreation room or hall, Library,
(vi)Bathrooms, toilets/latrines,
(vii)Counselling and guidance room
(viii)Office rooms,
(ix)Superintendent's room,
(x)Workshop,
(xi)Residence for Superintendent,
(xii)Rooms for Juvenile Justice Board/Child Welfare Committee,
(xiii)Play ground of sufficient area according to the total number of juveniles or children.
(4)The Superintendent shall stay within the institution and will be provided with quarters and in case he is not able to stay in the home for legitimate reasons (prior written permission of Director, Social Welfare shall be obtained) and in such case any other senior staff member of the in situation shall stay in the institution and be in a position to supervise the overall care of the children or juvenile and, take decisions in the case of any crisis or emergency.
(5)
(i)the standards of accommodation as per the norms laid down in Rule 41(3) shall be observed to the extent possible and shall include a minimum of following facilities:
(a)Dormitory or living rooms: 40 Sq. ft. per juvenile or child.
(b)Toilet and bathrooms: at least one for every 8 children.
(c)Classroom: 300 Sq. ft for each classroom for 25 children.
(d)Sickroom/First aid room: 375 Sq. ft for each room.
(e)Workshop: 75 Sq. ft. per juvenile or child.
(f)Play ground: Sufficient play ground area shall be provided in every institution according to the total number of juveniles in institution
(ii)there shall be proper and smooth flooring for preventing accidents;
(iii)There shall be adequate lighting, ventilation, heating and cooling arrangements, safe drinking water and clean toilets, in terms of gender, age appropriateness and accessibility to persons with disability.
(iv)All institutions under the Act shall make provision of first aid kit, fire extinguishers in kitchen, dormitories, store rooms, counselling room, periodic review of electrical installations, proper storage and inspection of articles of food stuffs, stand-by arrangements for water storage and emergency lighting.
(6)The Observation Homes and Special Homes shall be child-friendly and in no way shall they look like a jail or lock-up.