Section 73 in Bihar Juvenile Justice (Care and Protection of Children) Rules, 2015
73. Certification or recognition and transfer of Management of Institutions and After Care Organizations.
(1)Any organization requiring certification under the Act 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 organization, office bearers and a statement showing the status and past record of specialized child care services provided by the organization, to the State Government, along with a copy to competent authority. The state government shall after getting verified the provisions made by the organization for the boarding and lodging, general health, educational facilities, vocational training and treatment services may grant certification or recognition for a maximum period of 3 years at a time, under Sections 8, 9, 34, 37, 41 or 44 of the Act, as the case may be, on the condition that the organization shall comply with the standards or services as laid down under the Act and the rules framed there under, from time to time and to ensure an all round growth and development of juvenile or child placed under its charge.(2)Any organization desiring recognition under the Act shall make an application to the District Child Protection Unit or any other authority prescribed by the State Government from time to time. The competent authority, within a month of receipt of the application, shall after due inquiry, recommend or advise the state government for such recognition.(3)The State Government may, transfer the management of any State run institution under the Act to a voluntary organization, who has the capacity to run such an institution; and certify or recognize the said voluntary organization as a fit institution to own the requisite responsibilities under a Memorandum of Understanding for a specified period of time.(4)The State Government may, if dissatisfied with the conditions, rules, management of the organization certified or recognized under the Act, at any time, by notice served on the manager of the organization, declare that the certificate or recognition of the organization, as the case may be, shall stand withdrawn as from a date specified in the notice and from the said date, the organization shall cease to be an organization certified or recognized under Sections 8, 9, 34, 37,41 or 44 of the Act, as the case may be:Provided that the concerned organization shall be given an opportunity of making a representation in writing, within a period of thirty days, against the grounds of withdrawal of certificate or recognition of that organization.(5)The decision to withdraw or to restore the certificate or recognition of the organization may be taken, on the basis of a thorough investigation by the District Child Protection Unit or any other authority prescribed by the State Government.(6)On the report of the District Child Protection Unit or such other authority, the Officer in- charge of the institution shall be asked to show cause so as to give an explanation within thirty days.(7)When an organization ceases to be an organization, certified or recognized under Sections 8, 9, 34, 37,41 or 44 of the Act, the juvenile or the child kept therein shall, be transferred to some other institution of like nature, certified or recognized under Sections 8, 9, 34, 37, 41 or 44 of the Act or discharged, in accordance with the provisions of the Act and the rules relating to their discharge and transfer by giving intimation of such discharge or transfer to the Board or the Committee, as the case may be.
