Section 38 in Juvenile Justice (Care and Protection of Children) Orissa Rules, 2002
38. Certification/recognition and transfer of Institutions.
(1)(a)If the management of any organization desires that its organization may be certified or recognised under the Act, the same shall make a written application together with a copy of each of the rules, bye-laws, articles of association, list of members of the society/association running the roganization, office bearers and a statement showing the status and past record of social or public service of the organization and the society running the organisation to the Government who shall, after verifying the provisions made in the organization for the boarding and lodging, general health, educational facilities, vocational training and treatment services may grant certification/recognition under Sections 8, 9, 34, 37 and 44 of the Act, as the case may be, on the condition that the orgaization comply with the standards or services as laid down under the Act and the rule framed thereunder from time to time and to ensure an all-round growth and development of juvenile/child placed under its charge;(b)The Government may transfer the management of any State run institution under this Act to a voluntary organisation of repute who has the capacity to run such an institution and certify that said voluntary organization as a fit institution to own the requisite responsibilities. This should be done under a Memorandum of Understanding for a specified period of time.(c)The institution and the infrastructure already available with the Government in relation to the earlier Act of 1986 shall be suitably used for implementing this Act.(2)The Government may, if dissatisfied with the conditions, rules, management or of the organisation certified or recognized under the Act, at any time by notice served on the manager of the organisation declare that the certificate or recognition of the organization as the case may be, shall stand withdrawn as from a date specified in the notice and from the said date the organisation shall cease to be an organization certified or recognised under Sections 8, 9, 34, 37 or 44 of the Act, as the case may be.(3)The decision to withdraw or to restore the certificate, or recognition of the organisation may be taken on the basis of a thorough investigation by a specially constituted advisory board under Section 62 of the Act. On the report of the advisory board, the Officer-in-charge of the home shall be asked to show cause to give an explanation within 30 days.(4)When an organisation ceases to be an organisation certified or recognized under Sections 8, 9, 34, 37 or 44 of the Act, the juvenile/child kept therein shall be under orders of the designated officer, empowered in this behalf by the Government be either(a)discharge absolutely or on such conditions as the officer may impose; or(b)transfer to some other institution established, certified or recognised under Sections 8, 9, 34, 37 or 44 of the Act, in accordance with the provisions of the Act and rules relating to discharge and transfer. Intimation of such discharge or transfer shall be given to the Board or the Committee, as the case may be.
