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State of Jammu-Kashmir - Section

Section 2 in Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Rules, 2014

2. Definition.

- In these rules, unless the context otherwise requires.-
(a)"Abandoned" means an unaccompanied and deserted child who is declared abandoned by the committee constituted under section 30 of the Act;
(b)"Act" means the Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act. 2013;
(c)"Best interest of the child" means an action or decision taken to ensure physical, emotional, intellectual, social and moral development of juvenile or child;
(d)"Child friendly" means any process and interpretation, attitude, environment and treatment, that is humane, considerate and in the best interest of the child ;
(e)"Certified" means certification of an institution or agency or voluntary organization issued by the Government to operate as a children's home, observation home, special home, shelter home, or after care organization ;
(f)"Form" means the form annexed to these rules ;
(g)"Individual care plan" means a comprehensive development plan for a juvenile or a child based on age specific and gender specific needs and the case history of the juvenile in order to restore self-esteem, dignity and self-worth and nurture him into a responsible citizen, addressing his/her the following needs of-a juvenile:-
(i)Health needs ;
(ii)Emotional and psychological needs ;
(iii)Educational and training needs;
(iv)Protection from all kinds of abuse, neglect and maltreatment;
(v)Social mainstreaming; and
(vi)Follow-up post release/restoration.
(h)"Institution" for the purpose of these rules, means an observation home, or a special home, or a children's home or a shelter home established under sections 9, 10, 35, 35 (3) and 38 of the Act respectively ;
(i)"Inquiry" for the purpose of section 15 means the proceeding through which Board makes decision regarding juvenile's involvement in the alleged offence or otherwise. Such inquiry starts at the time of Board taking cognizance of Police Investigation Report and concludes with Board giving finding in this regard. Conclusion of such inquiry shall not be taken to imply closure of proceedings before the Board ;
(j)"Officer Incharge/Superintendent" means a person appointed for the control and management of the institution ;
(k)"Police Investigation Report" means a report filed before the Board by the Juvenile Welfare Officer or Investigation Officer, as the case may be, on completion of police investigation of the offence in relation to the alleged involvement of juvenile and shall be deemed to have same status and effect as a Police Report under section 173 of Code of Criminal Procedure. Samvat 1989;
(l)"Place of safety" means any institution set up and recognized under sections 13(3) and 17(1) of the Act for children in conflict with law;
(m)"Recognised" for the purpose of the Act and these rules means recognition of a fit person by the competent authority or recognition of a fit institution by the Government on the recommendation of the competent authority as per sections 2(i) and 0) of the Act;
(n)"Registered" for the purpose of the Act and the rules means registration of all institutions or agencies or voluntary organisations providing residential care to children in need of care and protection under section 35(3);
(o)"Street and working children" means children without ostensible means of livelihood, care, protection and support; (street and working children needs to be interpreted in light of section 2 (e) of the Act); and
(p)Words and expressions used in these rules, but not defined shall have the same meaning as assigned to them in the Act.