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State of Jammu-Kashmir - Section

Section 3 in Jammu and Kashmir Juvenile Justice Rules, 2007

3. (A) Juvenile Welfare Board.

- (i) The Board forming a Bench shall consist of a Chairman and two Social Workers, of whom at least one shall be a woman.
(ii)Every such Bench shall have the powers conferred by the Code of Criminal Procedure, Samvat 1989 on a Chief Judicial Magistrate or, as the case may be, a Judicial Magistrate of the First Class.
(iii)
(a)A Judicial Magistrate or a KAS Officer with special knowledge or training in Juvenile Psychology or Juvenile Welfare shall be designated as the Chairman of the Board.
(b)In case the Chairman with such special knowledge or training is not available, then, the Government shall provide him such short term training in Juvenile Psychology or Juvenile Welfare as it considers necessary.
(iv)The two Social Workers, of whom at least one shall be a woman, shall be appointed by the Government on the recommendation of the Selection Committees set up under sub-rule (ii) of Rule 23 of these rules.
(v)The Selection Committee shall take into consideration the panels of names recommended by the local authority while considering the selection of Social Workers for the Board and shall prepare a panel of names for each Board including a panel of names to fill up vacancies which may arise during the tenure of the Board.
(vi)The Social Worker to be appointed as a Member of the Board shall be a person who has been actively involved and engaged in planning, implementing and administering measures relating to Health, Education or other welfare activities pertaining to children.
(vii)The Board shall have a tenure of three years and the appointment of members shall be co-terminus with the tenure of the Board.
(viii)A Social Worker shall be eligible for appointment as a Member of the Board for a maximum of two terms.
(ix)The Board shall hold its sittings in the premises of an Observation I come and shall meet on all the working days of a week.
(x)A member may resign any time, by giving one months advance notice in writing or may be removed from his office after an enquiry is held by an Officer nominated by the Government if,-
(a)he has been found guilty of misuse of power vested under this Act;
(b)he has been convicted of an offence involving moral turpitude and such conviction has not been reversed or he has not been granted full pardon in respect of such offence; and
(c)he fails to attend the proceedings of the Board for three consecutive months without any valid reason or he fails to attend less than three fourth of the sittings in a year.
(xi)The Social Workers working as Members of the Board shall be paid such Travelling and/or Meeting Allowance and/or Honorarium as the State Government may decide from time to time.
(B)Juvenile Court
(i)A Juvenile Court shall consist of a Judicial Magistrate who shall be assisted by a panel of two honorary Social Workers, of whom at least one shall be a woman.
(ii)The Social Worker must possess special knowledge or training in Juvenile Psychology or Juvenile Welfare.
(iii)The penal of Social Workers shall have a tenure of three years and shall be eligible for appointment for a maximum of two terms.
(iv)The procedure for selection of Social Workers shall be the same as is prescribed for the selection of Social Workers for the Juvenile Welfare Board.