JJ Act 110Chapter X · Miscellaneous
Section 110 · Power to make rules
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(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act:
Provided that the Central Government may frame model rules in respect of all or any of the matters in respect of which rules are required to be made by the State Government and where such model rules have been framed in respect of any such matter, they shall apply to the State with the necessary modifications until rules have been made by the State Government in respect of that matter and when such rules are made, they shall be in conformity with such model rules. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
(i) the manner of investigation in case of a missing or runaway child whose parents cannot be traced under clause (vii) of sub-section (14) of section 2:
(ii) duties of the Child Welfare Officer attached to a Children's Home under sub-section (18) of section 2:
(iii) qualifications of members of the Board under sub-section (2) of section 4:
(iv) inclusive training and sensitization of all members of the Board under sub-section (6) of section 4; (v) The term of office of members of the Board and the manner in which such member may resign under sub-section (6) of section 4:
(vi) The time of meetings of the Board and the rules of procedure in regard to the transaction of business at its meetings under sub-section (1) of section 7:
(vii) The qualifications, experience and payment of fees of an interpreter or translator under clause (d) of sub-section (3) of section 8:
(viii) Any other function of the Board under clause (d) of sub-section (3) of section 8:
(ix) The persons through whom a child alleged to be in conflict with law may be produced before the Board under sub-section (2) of section 10 and the manner in which such child may be sent to an investigation home or a safe place:
(x) The date of release of any person arrested by the officer in charge of a police station under sub-section (2) of section 12. (xi) The manner in which such person shall be kept in the observation home until he is produced before the Board:
(xi) The format for intimation of pending case by the Board to the Chief Judicial Magistrate or Chief Metropolitan Magistrate and District Magistrate on quarterly basis under sub-section (3) of section 16:
(xii) The monitoring procedures and list of monitoring authorities under sub-section (2) of section 20:
(xiii) The manner in which relevant records of the child may be destroyed by the Board, police or Court under sub-section (2) of section 24:
(xiv) Qualifications of members of the Child Welfare Committee under sub-section (5) of section 27:
[(xiv) Form for submitting report to the District Magistrate under sub-section (8) of section 27:]
(xv) The procedure for transaction of business in the meetings of the Child Welfare Committee under sub-section (1) of section 28: Rules and procedures in the Act:
(xvi) Procedure for repatriation of abandoned or lost children to their families under clause (x) of section 30:
(xvii) Manner of submission of report to the Committee and manner of sending and handing over the child to a children's home or shelter home or appropriate facility or qualified person under sub-section (2) of section 31:
(xviii) Manner of conducting inquiry by the Child Welfare Committee under sub-section (1) of section 36:
(xix) Manner of sending the child to a Specialised Adoption Agency, Children's Home or appropriate facility or qualified person or foster family, if the child is below six years of age, under sub-section (3) of section 36, until appropriate means are found for proper rehabilitation of the child including the manner in which the condition of a child placed in a children's home or in a foster family of an appropriate facility or qualified person may be reviewed by the Committee:
(xx) Manner in which the Committee may review the status of a child placed in a children's home or in an appropriate facility or qualified person under sub-section (4) of section 36 (xxi) any other order relating to other functions of the Committee under clause (iii) of sub-section (2) of section 37; (xxii) Information to be furnished every month by the Committee to the State agency and authority regarding the number of children declared legally free for adoption and the number of pending cases under sub-section (5) of section 38:
(xxii) Form of quarterly report in respect of repatriated, dead and runaway children under sub-section (4) of section 40:
(xxiii) Manner in which all institutions shall be registered under this Act under sub-section (1) of section 41:
(xxiv) Procedure for cancellation or withholding of registration of an institution which fails to provide rehabilitation and reintegration services under sub-section (7) of section 41:
(xxv) Manner in which information shall be sent every month by the Open Home to the District Child Protection Unit and the Committee under sub-section (3) of section 43:
(xxvi) Foster care to children, including group foster care, under sub-section (1) of section 44. Procedure for placement in foster family:
(xxvii) Procedure for inspection of children in foster care under sub-section (4) of section 44:
(xxviii) The manner in which education, health and nutrition shall be provided to the child by the foster family under sub-section (6) of section 44. (xxix) The procedure and norms under which foster care services shall be provided to children under sub-section (7) of section 44
(xxx ) The modalities of inspection of foster families by the Committee to ascertain the well-being of children under sub-section (8) of section 45:
(xxxi) The purpose of undertaking various programmes of foster care for children such as individual to individual foster care, group foster care or community foster care under sub-section (1) of section 45:
(xxxii) The period of foster care under sub-section (3) of section 45:
(xxxiii) The manner of providing financial assistance to a child who has attained the age of eighteen years and is leaving the care of an institution under section 47:
(xxxiv) Management and monitoring of observation homes including the norms for rehabilitation and reintegration of a child alleged to be in conflict with law and the various services provided by them and the conditions under which they are provided The conditions under which and the manner in which registration of an observation home may be granted or withdrawn:
(xxxv) Management and monitoring of special homes, including the standards and the nature of services provided by them, under sub-sections (2) and (3) of section 48;
(xxxvi) Monitoring and management of children's homes, including the standards and the nature of services provided by them based on individual care plans for each child, under sub-section (3) of section 50;
(xxxvii) the manner in which the Board or the Committee may recognise a facility run by any Government organisation registered under any law for the time being in force or a voluntary or non-government organisation for temporarily receiving a child for a specified purpose after due enquiry into the suitability of the facility and the organisation for the care of the child, under sub-section (1) of section 51;
(xxxviii) the procedure for verification of credentials for recognition by the Board or the Committee of a person as fit to temporarily receive a child for care, protection and treatment for a specified period; (xxxix) the manner in which the basic requirements such as food, shelter, clothing and medical facilities shall be provided by an institution for the rehabilitation and reintegration of children under this Act, under sub-section (1) of section 53;
(xi) the manner in which a Management Committee shall be established by every Institution for the management of the Institution and monitoring the progress of each child, under sub-section (2) of section 53; (xli) Functions that may be performed by Child Committees under sub-section (3) of section 53:
(xiii) Appointment of Inspection Committees for all institutions registered or recognised as appropriate for the State and district under sub-section (1) of section 54:
(xliii) The manner in which the Central Government or the State Government may independently evaluate the functioning of the Board, Committee, Special Juvenile Police Units, registered institutions or recognised as appropriate facilitation systems and persons, including the period and through which person or institutions are registered under sub-section (1) of section 55:
(xliv) The manner in which the institutions shall submit the details of children declared legally free for adoption to the Specialised Adoption Agency under sub-section (2) of section 66; (xiv) Any other functions of the Authority under clause (e) of section 68:
(xlvi) The criteria for selection or nomination of members of the Subject Election Committee of the Authority and the terms and conditions of their appointment along with their tenure under sub-section (2) of section 69:
(xlvii) The manner in which the Subject Election Committee of the Authority shall meet under sub-section (4) of section 69:
(xviii) The manner in which the annual report shall be submitted by the Authority to the Central Government under sub-section (1) of section 71:
(xlix) Functions of the Authority under sub-section (2) of section 72:
(I) The manner in which the Authority shall maintain proper accounts and relevant documents and prepare the annual statement of accounts under sub-section (1) of section 73:
(li) The period which may be spent by the Committee or the Board on treatment of children suffering from diseases requiring prolonged medical treatment or physical or mental ailments requiring treatment in a facility under section 92: :
(lii) Procedure for transfer of a child under sub-section (1) of section 95 :
(liii) Provision for travelling allowance of staff escorting the child under sub-section (3) of section 95 :
(liv) Procedure to be followed by the Committee or a Board while holding any inquiry, appeal or revision under sub-section (1) of section 103 :
Functioning :
(iv) The manner in which the Juvenile Justice Fund shall be administered under sub-section (3) of section 105 :
(lvi) Establishment of State Child Protection Society and Child Protection Units for each district under section 106 :
(lvii) Enabling the National Commission or the State Commission, as the case may be, to monitor the implementation of the provisions of this Act under sub-section (1) of section 109 :
(viii) Any other matter which is required to be, or may be, prescribed. (3) Every rule and every regulation made under this Act shall, as soon as may be after it is made, be laid before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions. If, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, the rule or regulation shall thereafter have effect only in such modified form or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect. However, any such modification or annulment shall not affect the validity of anything previously done under that rule or regulation.
(4) Every rule made by the State Government under this Act shall, as soon as may be after it is made, be laid before the State Legislature.
Provided that the Central Government may frame model rules in respect of all or any of the matters in respect of which rules are required to be made by the State Government and where such model rules have been framed in respect of any such matter, they shall apply to the State with the necessary modifications until rules have been made by the State Government in respect of that matter and when such rules are made, they shall be in conformity with such model rules. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
(i) the manner of investigation in case of a missing or runaway child whose parents cannot be traced under clause (vii) of sub-section (14) of section 2:
(ii) duties of the Child Welfare Officer attached to a Children's Home under sub-section (18) of section 2:
(iii) qualifications of members of the Board under sub-section (2) of section 4:
(iv) inclusive training and sensitization of all members of the Board under sub-section (6) of section 4; (v) The term of office of members of the Board and the manner in which such member may resign under sub-section (6) of section 4:
(vi) The time of meetings of the Board and the rules of procedure in regard to the transaction of business at its meetings under sub-section (1) of section 7:
(vii) The qualifications, experience and payment of fees of an interpreter or translator under clause (d) of sub-section (3) of section 8:
(viii) Any other function of the Board under clause (d) of sub-section (3) of section 8:
(ix) The persons through whom a child alleged to be in conflict with law may be produced before the Board under sub-section (2) of section 10 and the manner in which such child may be sent to an investigation home or a safe place:
(x) The date of release of any person arrested by the officer in charge of a police station under sub-section (2) of section 12. (xi) The manner in which such person shall be kept in the observation home until he is produced before the Board:
(xi) The format for intimation of pending case by the Board to the Chief Judicial Magistrate or Chief Metropolitan Magistrate and District Magistrate on quarterly basis under sub-section (3) of section 16:
(xii) The monitoring procedures and list of monitoring authorities under sub-section (2) of section 20:
(xiii) The manner in which relevant records of the child may be destroyed by the Board, police or Court under sub-section (2) of section 24:
(xiv) Qualifications of members of the Child Welfare Committee under sub-section (5) of section 27:
[(xiv) Form for submitting report to the District Magistrate under sub-section (8) of section 27:]
(xv) The procedure for transaction of business in the meetings of the Child Welfare Committee under sub-section (1) of section 28: Rules and procedures in the Act:
(xvi) Procedure for repatriation of abandoned or lost children to their families under clause (x) of section 30:
(xvii) Manner of submission of report to the Committee and manner of sending and handing over the child to a children's home or shelter home or appropriate facility or qualified person under sub-section (2) of section 31:
(xviii) Manner of conducting inquiry by the Child Welfare Committee under sub-section (1) of section 36:
(xix) Manner of sending the child to a Specialised Adoption Agency, Children's Home or appropriate facility or qualified person or foster family, if the child is below six years of age, under sub-section (3) of section 36, until appropriate means are found for proper rehabilitation of the child including the manner in which the condition of a child placed in a children's home or in a foster family of an appropriate facility or qualified person may be reviewed by the Committee:
(xx) Manner in which the Committee may review the status of a child placed in a children's home or in an appropriate facility or qualified person under sub-section (4) of section 36 (xxi) any other order relating to other functions of the Committee under clause (iii) of sub-section (2) of section 37; (xxii) Information to be furnished every month by the Committee to the State agency and authority regarding the number of children declared legally free for adoption and the number of pending cases under sub-section (5) of section 38:
(xxii) Form of quarterly report in respect of repatriated, dead and runaway children under sub-section (4) of section 40:
(xxiii) Manner in which all institutions shall be registered under this Act under sub-section (1) of section 41:
(xxiv) Procedure for cancellation or withholding of registration of an institution which fails to provide rehabilitation and reintegration services under sub-section (7) of section 41:
(xxv) Manner in which information shall be sent every month by the Open Home to the District Child Protection Unit and the Committee under sub-section (3) of section 43:
(xxvi) Foster care to children, including group foster care, under sub-section (1) of section 44. Procedure for placement in foster family:
(xxvii) Procedure for inspection of children in foster care under sub-section (4) of section 44:
(xxviii) The manner in which education, health and nutrition shall be provided to the child by the foster family under sub-section (6) of section 44. (xxix) The procedure and norms under which foster care services shall be provided to children under sub-section (7) of section 44
(xxx ) The modalities of inspection of foster families by the Committee to ascertain the well-being of children under sub-section (8) of section 45:
(xxxi) The purpose of undertaking various programmes of foster care for children such as individual to individual foster care, group foster care or community foster care under sub-section (1) of section 45:
(xxxii) The period of foster care under sub-section (3) of section 45:
(xxxiii) The manner of providing financial assistance to a child who has attained the age of eighteen years and is leaving the care of an institution under section 47:
(xxxiv) Management and monitoring of observation homes including the norms for rehabilitation and reintegration of a child alleged to be in conflict with law and the various services provided by them and the conditions under which they are provided The conditions under which and the manner in which registration of an observation home may be granted or withdrawn:
(xxxv) Management and monitoring of special homes, including the standards and the nature of services provided by them, under sub-sections (2) and (3) of section 48;
(xxxvi) Monitoring and management of children's homes, including the standards and the nature of services provided by them based on individual care plans for each child, under sub-section (3) of section 50;
(xxxvii) the manner in which the Board or the Committee may recognise a facility run by any Government organisation registered under any law for the time being in force or a voluntary or non-government organisation for temporarily receiving a child for a specified purpose after due enquiry into the suitability of the facility and the organisation for the care of the child, under sub-section (1) of section 51;
(xxxviii) the procedure for verification of credentials for recognition by the Board or the Committee of a person as fit to temporarily receive a child for care, protection and treatment for a specified period; (xxxix) the manner in which the basic requirements such as food, shelter, clothing and medical facilities shall be provided by an institution for the rehabilitation and reintegration of children under this Act, under sub-section (1) of section 53;
(xi) the manner in which a Management Committee shall be established by every Institution for the management of the Institution and monitoring the progress of each child, under sub-section (2) of section 53; (xli) Functions that may be performed by Child Committees under sub-section (3) of section 53:
(xiii) Appointment of Inspection Committees for all institutions registered or recognised as appropriate for the State and district under sub-section (1) of section 54:
(xliii) The manner in which the Central Government or the State Government may independently evaluate the functioning of the Board, Committee, Special Juvenile Police Units, registered institutions or recognised as appropriate facilitation systems and persons, including the period and through which person or institutions are registered under sub-section (1) of section 55:
(xliv) The manner in which the institutions shall submit the details of children declared legally free for adoption to the Specialised Adoption Agency under sub-section (2) of section 66; (xiv) Any other functions of the Authority under clause (e) of section 68:
(xlvi) The criteria for selection or nomination of members of the Subject Election Committee of the Authority and the terms and conditions of their appointment along with their tenure under sub-section (2) of section 69:
(xlvii) The manner in which the Subject Election Committee of the Authority shall meet under sub-section (4) of section 69:
(xviii) The manner in which the annual report shall be submitted by the Authority to the Central Government under sub-section (1) of section 71:
(xlix) Functions of the Authority under sub-section (2) of section 72:
(I) The manner in which the Authority shall maintain proper accounts and relevant documents and prepare the annual statement of accounts under sub-section (1) of section 73:
(li) The period which may be spent by the Committee or the Board on treatment of children suffering from diseases requiring prolonged medical treatment or physical or mental ailments requiring treatment in a facility under section 92: :
(lii) Procedure for transfer of a child under sub-section (1) of section 95 :
(liii) Provision for travelling allowance of staff escorting the child under sub-section (3) of section 95 :
(liv) Procedure to be followed by the Committee or a Board while holding any inquiry, appeal or revision under sub-section (1) of section 103 :
Functioning :
(iv) The manner in which the Juvenile Justice Fund shall be administered under sub-section (3) of section 105 :
(lvi) Establishment of State Child Protection Society and Child Protection Units for each district under section 106 :
(lvii) Enabling the National Commission or the State Commission, as the case may be, to monitor the implementation of the provisions of this Act under sub-section (1) of section 109 :
(viii) Any other matter which is required to be, or may be, prescribed. (3) Every rule and every regulation made under this Act shall, as soon as may be after it is made, be laid before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions. If, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, the rule or regulation shall thereafter have effect only in such modified form or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect. However, any such modification or annulment shall not affect the validity of anything previously done under that rule or regulation.
(4) Every rule made by the State Government under this Act shall, as soon as may be after it is made, be laid before the State Legislature.
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Related sections of law
- RelatedJJ Act §10Apprehension of child alleged to be in conflict with law.
- RelatedJJ Act §103Procedure in inquiries, appeals and revision proceedings.
- RelatedJJ Act §105Juvenile justice fund.
- RelatedJJ Act §106State Child Protection Society and District Child Protection Unit.
- RelatedJJ Act §109Monitoring of implementation of Act.
- RelatedJJ Act §12Bail to a person who is apparently a child alleged to be in conflict with law.
- RelatedJJ Act §16Review of pendency of inquiry.
- RelatedJJ Act §2Definitions.
- RelatedJJ Act §20Child attained age of twenty-one years and yet to complete prescribed term of stay in place of safety.
- RelatedJJ Act §24Removal of disqualification on the findings of an offence.
- RelatedJJ Act §27Child Welfare Committee.
- RelatedJJ Act §28Procedure in relation to Committee.
- RelatedJJ Act §30Functions and responsibilities of Committee.
- RelatedJJ Act §31Production before Committee.
- RelatedJJ Act §36Inquiry.
- RelatedJJ Act §37Orders passed regarding a child in need of care and protection.
- RelatedJJ Act §38Procedure for declaring a child legally free for adoption.
- RelatedJJ Act §4Juvenile Justice Board.
- RelatedJJ Act §40Restoration of child in need of care and protection.
- RelatedJJ Act §41Registration of child care institutions.
- RelatedJJ Act §43Open shelter.
- RelatedJJ Act §44Foster care.
- RelatedJJ Act §45Sponsorship.
- RelatedJJ Act §47Observation homes.

