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State of Jharkhand - Section

Section 6 in Jharkhand Juvenile Justice (Care and Protection of Children) Rules, 2017

6. Sittings of the Board.

(1)The Board shall hold its sittings in the premises of an observation home or at a place in proximity to the observation home or, at a suitable premise in any Child Care Institution meant for children in conflict with law run under the Act, and in no circumstances shall the Board operate from within any court or jail premises.
(2)The Bom when the case is in progress.
(3)The Board shall ensure that only those person(s), in the presence of whom the child feels comfortable, are allowed to remain present during the sitting. Jharkhand Gazette (Extraordinary), Tuesday, 9th January, 2018
(4)The Board shall hold its sittings in a child-friendly premises which shall not look like a court room in any manner and the sitting arrangement should be such to enable the Board to interact with the child face to face.
(5)While communicating with the child, the Board shall use child friendly techniques through its conduct and shall adopt a child friendly attitude with regard to body language, facial expression, eye contact, intonation and volume of voice while addressing the child.
(6)The Board shall not sit on a raised platform and there shall be no barriers, such as witness boxes or bars between the Board and the child.
(7)The Board shall sit on all working days for a minimum of six hours commensurate with the working hours of a Magistrate Court, unless the case pendency is less in a particular district and the State Government issues an order in this regard, or the State Government may, by notification in the Official Gazette constitute more than one Board in a district after giving due consideration to the pendency of the cases, area or terrain of the district, population density or any other consideration.
(8)When the Board is not sitting, a child in conflict with law may be produced before an individual member of the Board. For the said purpose, one member of the Board shall always be available or accessible to take cognizance of any matter of emergency and necessary directions required to deal with the emergency situation shall be given by such member to the Special Juvenile Police Unit or the local police of the district. The Principal Magistrate shall draw up a monthly duty roster of the members who shall be so available and accessible every day, including on Sundays and holidays. The roster shall be circulated in advance to all the police stations, the Chief Judicial Magistrate/ Chief Metropolitan Magistrate, the District Judge, the District Magistrate, the Committees, the District Child Protection Unit and the Special Juvenile Police Unit.
(9)In case, Principal Magistrate is on leave, the Magistarte incharge should be a Judicial Magistrate First Class trained under JJ Act. In no case, any decision should be postponed or withheld when principal Magistrate is on leave and represented through incharge judicial Magistrate.
(10)Principal Magistrate shall facilitate the functioning of social worker members of the Board so that they can exercise powers under the provisions of the Act or these Rules.
(11)The social worker members of Board shall be paid remuneration as notified by state government from time to time.
(12)The State Government shall provide support to Board which consist of -
(i)Infrastructure: a well-furnished Board Room with electricity, light and fans, waiting room for children, separate rooms for Principal Magistrate and Members, a record room, a room for Probation Officers, room for legal services advocates , counselling and guidance unit, waiting room for parents and visitors, safe drinking water facility and clean toilets;
(ii)Furniture: i.e. chairs, tables, file cabinets, computer chairs etc. as per requirement for Board room, Chambers, offices;
(iii)Information Technology based logistic: computer sets with printers, video conferencing facilities, photocopiers with scanner, telephone with internet broadband connection, television for the waiting hall; and
(13)Provision of TA - TA should be given to the Board members on the official visits as per norms prescribed by the State Government for the purpose Jharkhand Gazette (Extraordinary), Tuesday, 6 9th January, 2018
(14)No person shall be eligible for selection as a member of the Board, if he:
(i)has any past record of violation of human rights or child rights;
(ii)has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or has not been granted full pardon in respect of such offence;
(iii)has been removed or dismissed from service of the Central Government or a State Government or an undertaking or corporation owned or controlled by the Central Government or a State Government;
(iv)has ever indulged in child abuse or employment of child labour or any other violation of human rights or immoral act; and
(v)be holding such full-time occupation that may not allow her/him to give necessary time and attention to the work of the Committee as per the Act and the Rules.