Section 73 in The Maharashtra Juvenile Justice (Care and Protection of Children) Rules, 2002
73. Discharge for community based corrections.
(1)The children in conflict with law shall be released for community based correction by the Board in consultation with the Commissioner, W&CD, report of the Probation Officer and consent of the Officer-in-Charge. The Board shall call for the report of the Probation Officer.(2)The juvenile discharged for community based correction shall be placed under a Probation Officer up to the date of the normal period of discharge, or till he completes eighteen years of his age, or whichever is earlier.(3)The Board shall release a juvenile for a community based correction and the order shall be issued in an appropriate format as prescribed in Form XX with condition.(4)Wherever possible, while granting such a permission, the parent or guardian shall enter into an agreement or execute a bond in Form XIX to follow the license conditions without any deviation.(5)If the parent or guardian is not available or in a position to enter into the agreement of execute a bond, the juvenile can still be sent for community based corrections by making proper arrangements for the juvenile to stay in an after-care home.(6)After the order of release on license in Form XX is issued by the Competent Authority, it shall be read out to the licensee and his signature obtained. The conditions on which he has been released on license shall be explained to him in detail.(7)On the release of any juvenile on license, copies of the order of release on license shall be sent to the parent or guardian and the Probation Officer who will supervise the juvenile during the license period by the Superintendent to the competent authority under whose orders the juvenile was kept in the institution.(8)During the period of license if the juvenile is not able to adopt to the conditions, and the parent or guardian are not able to exercise any control over the juvenile, then the Probation Officer shall recommend to the competent authority to revolve the license. Provided the revocation shall be ordered after conducting a hearing of the probation officer.(9)When a license has been revoked and the juvenile refuses or fails to report to the institution to which he was directed so to return, any police officer may on the orders of the concerned authority, arrest the juvenile without warrant and arrange him to be sent to the institution by issuing a Search Warrant in Form XIV.(10)Criteria for selection of the juvenile for community based correction,-(i)If he has competed half of the portion of the placement period in the Special Home;(ii)If he has exhibited exemplary and positive behaviour as certified by the Officer-in-Charge of the institution.(11)The juvenile shall preferably be sent to area or place of residence of his parent for community based correction.(12)The Probation Officer while preparing his report shall consult the local police officer and the parent or guardian in whose jurisdiction the juvenile shall be sent for community based correction to ascertain any possibilities of a threat to the juvenile's safety or the release of the juvenile would be a threat to the peace in the locality or would expose the juvenile to further conflict with law.(13)The Probation Officer shall submit a monthly report to the Board and to the Officer-in-Charge of the Home about the status of the juvenile during the period of supervision.
