Section 68 in Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Rules, 2014
68. Certification or and transfer of Management of Institutions and after care organisations.
(1)Any organization or institution housing or aiming to house children in need of care and protection or juveniles in conflict with law shall apply for certification under the Act by submitting an application to Department of Social Welfare, together with a copy of the rules, bye-laws, articles of association, list of members of the society or the association running the organization, details of office bearers along with a statement regarding the current status and past record of specialized childcare services rendered by the organization.(2)Any organisation which houses the children in need of care and protection or juveniles in conflict with law in contravention to this rule shall be liable to a penalty of Rs. 1000 per day till such default continues. The amount of penalty shall be recovered as arrear of land revenue under the Jammu and Kashmir Land Revenue Act, 1939.(3)The Government, after verifying the contents of the application and after getting inspection of the applicant organisation done through District Child Protection Unit (DCPU) in respect of the boarding and lodging, general health, educational facilities, vocational training and treatment services, may grant or refuse recognition and certification as envisaged by sections 9,10,35,38 and 43 of the Act, as the case may be, on the condition that the organization shall comply with the standards or services as h id down under the Act and these rules, and shall ensure all round growth, development and protection of juveniles or children placed under its charge.(4)The Government shall endure to dispose of the application within 60 days from the date of receipt of the application. In case the Government for some reasons does not dispose of the application within the said period of 60 days, it shall in writing inform the applicant the reasons for the delay.(5)The certification shall be valid for a period of three years where after it shall be renewed after following the procedures laid down here in above.(6)The Government may. if it is satisfied that an organisation or institution is not fulfilling the conditions subject to which the certification was made or is not observing the rules laid down herein, order withdrawal of the certification or recognition of the organization, as the case may be and in that case the organisation or institution shall cease to be certified or recognised under sections 9, 10, 35, 38 and 43 of the Act:Provided that no such order shall be passed by the Government unless an enquiry has been conducted by the Government through Inspection Committee appointed under section 36 of the Act.(7)When an organization ceases to be a certified organization under sections 9, 10. 35, 38 and 43 of the Act, the juveniles or children kept therein shall be transferred to a fit institution as defined in the section 2 (i) of the Act keeping in view the best interest of the children.(8)The Government may. transfer the management of any Government run institution under the Act to a certified voluntary organization of repute, 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,
