Section 4 in Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, 2013
4. Juvenile Justice Board.
(1)Notwithstanding anything contained in the Code of Criminal Procedure, Samvat 1989, the Government may, within a period of one year from the date of commencement of the Act, by notification in the Government Gazette, constitute for a district or a group of districts or each division of the State one or more Juvenile Justice Boards for exercising the powers and discharging the duties conferred or imposed on such Boards in relation to juveniles in conflict with law under the Act.(2)A Board shall consist of a Judicial Magistrate of the First Class and two social workers, forming a Bench and every such Bench shall have the powers conferred by the Code of Criminal Procedure, Samvat 1989 on a Judicial Magistrate of the First Class and the Magistrate on the Board shall be designated as the Principal Magistrate.(3)No Magistrate shall be appointed as a member of the Board unless he has special knowledge or training in child psychology or child welfare and no social worker shall be appointed as a member of the Board unless he has been actively involved in health, education or welfare activities pertaining to children for at least seven years.(4)The term of office of the members of the Board and the manner in which such member may resign shall be such as may be prescribed.(5)The appointment of any member of the Board may be terminated after holding inquiry, by the Government, if-(i)he has been found guilty of misuse of power vested under the Act ;(ii)he has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or he has not been granted full pardon in respect of such offence ;(iii)he fails to attend the proceedings of the Board for consecutive three months without any valid reason or he fails to attend less than three-fourth of the sittings in a year.(6)From the date of enforcement of the Act and till the formal constitution of the Board under this section, the Chief Judicial Magistrate having jurisdiction in the area shall exercise the powers and perform the functions of the Board and the provisions of sub-section (2) of section 15 of the Act shall remain suspended during the period.
