In exercise of powers conferred by
sub-section (1) read with clauses (iii), (iv), (v) and (xiv) of sub-section (2)
of section 110 of the Juvenile Justice (Care and Protection of Children) Act,
2015 (Central Act 2 of 2016), the Government of Kerala hereby make the
following rules, namely: (1)
These
rules may be called the Juvenile Justice (Care and Protection of Children)
Constitution of Child Welfare Committees and Juvenile Justice Boards (Kerala)
Rules, 2017. (2)
They
shall come into force at once. (1)
In
these rules, unless the context otherwise requires, (a)
"Act"
means the Juvenile Justice (Care and Protection of Children) Act, 2015 (Central
Act 2 of 2016); (b)
"Board"
means a Juvenile Justice Board constituted under section 4 of the Act; (c)
"Chairperson"
means Chairperson of the Child Welfare Committee; (d)
"Government"
means the Government of Kerala; (e)
"member"
means a member of the Committee or a member of the Board, as the case may be; (f)
"model
rules" means the Juvenile Justice (Care and Protection of Children) Model
Rules, 2016 framed by the Central Government under the proviso to sub-section
(1) of section 110 of the Act; (g)
"Selection
Committee" means the Selection Committee constituted by the Government
under rule 87 of the model rules; (2)
Words
and expressions used and not defined in these rules, but defined in the Act
shall have the same meaning as assigned to them in the Act. (1)
The
Board shall consist of a Judicial Magistrate of the First Class having three
years experience to be designated as Principal Magistrate of the Board and two
social worker members of whom one shall be a woman, forming a Bench. (2)
The
social worker members shall be appointed by the Government on the
recommendation of the Selection Committee. (3)
As
far as possible, the two social worker members selected for a Board shall be
from different fields as provided in sub-section (3) of section 4 of the Act. (4)
All
members of the Board including the Principal Magistrate, shall be given
induction training and sensitisation on care, protection, rehabilitation, legal
provisions and justice for children for a period not less than 15 working days
within a period of sixty days from the date of their appointment. (1)
The
social worker member of the Board shall not be less than thirty-five years and
shall not be more than seventy years of age as on the date of notification
inviting application for appointment. (2)
The
social worker member of the Board shall possess a post-graduate degree in
sociology or psychiatry or social work or child psychology or education or a
degree in health, child development or correctional services or law and shall
have at least seven years experience of active involvement in planning,
implementing and administering measures relating to child welfare activities. (3)
No
person shall be considered for selection as a social worker member of the Board
unless he is eligible under sub-section (4) of section 4 of the Act. (1)
The
term of office of a social worker member of the Board shall not be for a period
of more than three years from the date of his appointment. (2)
A
social worker member of the Board shall be eligible for appointment of maximum
of two terms, which shall not be continuous. (3)
A
social worker member of the Board may resign at any time by giving one month's
notice in writing to the Government, but shall continue to hold office until
his resignation is accepted by the Government. (4)
Any
vacancy in the Board shall be filled up by appointment of another person from
the panel prepared by the Selection Committee, and such member shall continue
for a period not exceeding three years. (5)
The
appointment of any member of the Board, except the Principal Magistrate, may be
terminated after holding an inquiry by the State Government, if he, (i)
has
been found guilty of misuse of power vested under this Act; or (ii)
fails
to attend the proceedings of the Board consecutively for three months without
any valid reason; or (iii)
fails
to attend less than three-fourths of the sittings in a year; or (iv)
becomes
ineligible under sub-section (4) of section 4 of the Act. (1)
A
member of the Board, other than the Principal Magistrate of the Board, shall be
paid such traveling and sitting allowance, as the Government may determine from
time to time, but it shall not be less than rupees one thousand five hundred
per sitting, which shall include sitting allowance and travel allowance of the
day of sitting. (2)
The
Principal Magistrate and members of the Board shall be eligible for travel and
daily allowance as are admissible to a Class I Officer of the Government for
their inspection visits to observation homes or special homes or place of
safety and attending official duties. (3)
There
shall be no ceiling for claiming amount towards traveling and daily allowance
for journeys performed for attending the official duties of the Board other
than the sitting as mentioned in sub-rule (1). (1)
The
Government shall, by notification in the Gazette, constitute one or more
Committees for every District. (2)
The
Committee shall consist of a Chairperson and four other members of whom at
least one shall be a woman and another shall be an expert on the matters
concerning children, appointed by the Government on the recommendation of the
Selection Committee. (3)
All
members of the Committee shall mandatorily be given training under rule 89 of
the model rules for a period not less than 15 working days within a period of
sixty days from the date of their appointment. (1)
The
Chairperson and members of the Committee shall be above the age of thirty-five
years and shall not be more than seventy years of age as on the date of
notification inviting application for appointment. (2)
The
Chairperson and members shall have the qualifications specified in sub-section
(4) of section 27 of the Act and sub-rule (3) of rule 15 of the model rules and
they shall also possess a postgraduate degree in sociology or psychiatry or
social work or child psychology or education or a degree in health, child
development or correctional services or law and have been actively involved and
engaged in planning, implementing and administering measures relating to child
welfare for at least seven years. (3)
No
person shall be considered for selection as a member of the Committee, if he, (a)
has
any past record of violations of human rights or child rights; (b)
has
been convicted under any law involving moral turpitude, and such conviction has
not been reversed or has not been granted full pardon in respect of such
offence; (c)
has
been removed or dismissed from service of the Central Government or State
Government or an undertaking or Corporation owned or controlled by the Central
Government or a State Government; (d)
has
been indulged in child abuse or employment of child labour or any other
violation of child rights or human rights or immoral act; (e)
is
holding such other occupation or profession, including the official position of
any of the political parties, that does not allow him to give necessary time
and attention to the work of the Committee; (f)
has
held a position of control or has been involved directly or indirectly in the
management or has been an employee of any of the child care institutions or
institutions registered under the Orphanage Control Board or held a position in
any of the religious organization or has held such a position during past three
years. (1)
The
term of office of the Chairperson and members of the Committee shall not be for
a period of more than three years from the date of their appointment. (2)
The
Chairperson and members of the Committee shall be eligible for appointment for
a period not exceeding three years. (3)
The
Chairperson and members of the Committee may resign at any time by giving one
month's notice in writing to the Government, but shall hold office until his
resignation is accepted by the Government. (4)
Any
vacancy in the Committee shall be filled up by appointment of another person
from the panel prepared by the Selection Committee and shall continue as such
for a period not exceeding three years. (1)
The
Chairperson and members of the Committee shall be paid such traveling and
sitting allowance as the Government may determine from time to time but it
shall not be less than rupees one thousand and five hundred per sitting which
shall include sitting allowance and travel allowance of the day of sitting. (2)
The
Chairperson and members of the Committee shall be eligible for traveling and
daily allowance as are admissible to a Class I Officer of the Government for
their visits to existing child care institutions. (3)
There
shall be no ceiling for claiming amount towards traveling and daily allowance
for journeys performed for attending the official duties of the Committee. These rules are in addition to the model
rules and having overriding effect to it. The provisions in the model rules on
sittings, rules and procedures, powers and functions etc. of the Board and
Committee including all other existing provisions of the model rules shall
apply in the absence of respective provisions in these rules.JUVENILE
JUSTICE (CARE AND PROTECTION OF CHILDREN) CONSTITUTION OF CHILD WELFARE
COMMITTEES AND JUVENILE JUSTICE BOARDS (KERALA) RULES, 2017
PREAMBLE