Section 9 in The Maharashtra Juvenile Justice (Care and Protection of Children) Rules, 2002
9. Transfer of children.
- (i) The Competent Authority shall direct the Officer in Charge of the Home's to arrange for the safety and security of the children during transportation.(ii)The expenditure to be incurred for maintenance and transportation of the children would be fixed by the Government from time to time.(iii)No female child shall be escorted by a male staff alone. She will be accompanied by a female staff.(iv)Escorting of the child or juvenile shall be made primarily by the Special Juvenile Police Unit and in case they are not available, then as a last resort either by the staff of the Department of Women and Child Development, or volunteers drawn from non-Governmental Organisations who are duly approved by the Department of Women and Child Development, In this connection the department shall maintain a panel of volunteers who will be willing to act as escorts.(v)Any child or juvenile who is a foreign national and who has lost contact with the family shall also be entitled for protection. The child shall be repatriated, at the earliest, to the country in co-ordination with the Ministry of External Affairs, Government of India and respective Embassies or High Commission.(vi)On being satisfied on the report of the Probation Officer or Case Worker or Child Welfare Officer, as the case may be, the competent authority, may send the child, if necessary, on execution of a bond by the child in Form XI to the said relative or other fit person on giving an undertaking by the said relative or other fit person preferably through the concerned State in Form X.(vii)A copy of the order passed by the Competent Authority under section 50 shall be sent to the ,-(a)Probation Officer who was directed to submit a report in this regard,(b)Probation Officer, if any, having jurisdiction over the place where the child is to be sent,(c)Competent Authority having jurisdiction over the place where the child is to be sent, and(d)relative or any other fit person who is to receive the child.(viii)On such transfer, the case file and records of the juvenile or the child shall be sent along with him.(ix)Inter State transfers of children shall be done only through orders from the Commissioner.(x)Any breach of a bond or undertaking or of both given under sub-rule (vi) above shall render the child liable to be brought before the Competent Authority who may, pass an order directing the child to be sent back to the institution from where he was discharged by issuing an order to that effect.(xi)During the pendency of the orders under sub-rule 6 (vi), the child shall be sent by the Competent Authority to an Observation Home or Children's Home.(xii)In the case of a child where the competent authority deems it expedient to send the child back to his ordinary place of residence under section 50, the Competent Authority shall inform the relative or other fit person who is to receive the child accordingly and shall invite the said relative or other fit person to come to the Home to take charge of the child on such date as may be specified by the Competent Authority.(xiii)In case the relative or other fit person fails to come to take charge of the child on the specified date, the child shall be taken to his ordinary place of residence by the escort of the concerned Home.
