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The Rajasthan Juvenile Justice (Care and Protection of Children) Rules, 2011

The Rajasthan Juvenile Justice (Care and Protection of Children) Rules, 2011

 

GOVERNMENT OF RAJASTHAN SOCIAL JUSTICE & EMPOWERMENT DEPARTMENT

NOTIFICATION

No. : F 14(1)(323)(II)/J.J.Rules/CCO/SJE/10/37148 Jaipur, Dated : 11.05.2011

G.S.R. … … -In exercise of the powers conferred by the proviso to sub-section (1) of section 68 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (Central Act, No. 56 of 2000), the State Government hereby makes the following rules, namely:-

CHAPTER – I

PRELIMINARY

  1. Short title and commencement.— (1) These rules may be called the Rajasthan Juvenile Justice (Care and Protection of Children) Rules, 2011.

(2)   They shall come into force on the date of their publication in the Official Gazette.

  1. Definition.— (1) In these rules, unless the context otherwise requires;-

(a)    “Abandoned” means an unaccompanied and deserted child who is declared abandoned by the Committee after due inquiry;

(b)   “Act” means the Juvenile Justice (Care and Protection of Children) Act, 2000 (Central Act No.56 of 2000);

(c)    “best interest of the child” means a decision taken to ensure the physical, emotional, intellectual, social and moral development of juvenile or child;

(d)   “child friendly” means any process and interpretation, attitude, environment and treatment, that is humane, considerate and in the best interest of the child;

(e)    “Community service” implies service rendered to the society by juveniles in conflict with law in lieu of other judicial remedies and penalties, which is not degrading and dehumanizing; and includes:

(i)                cleaning a park/mohalla/neighbourhood streets;

(ii)              getting involved with Habitat for Humanity;

(iii)            serving the elderly in nursing homes;

(iv)            helping out a local fire or Police Department;

(v)              helping out at a local hospital or nursing home; and

(vi)            serving disabled children.

(f)    “detention” in case of juveniles in conflict with law means “protective custody” in line with the principles of restorative justice;

(g)    “Form” means the form annexed to these rules;

(h)   “individual care plan” means a comprehensive development plan for a juvenile or child based on age specific and gender specific needs and the case history of the juvenile or child, prepared in consultation with the juvenile or child, in order to restore the juvenile’s or child’s self-esteem, dignity and self-worth and nurture him into a responsible citizen and accordingly the plan shall address the following needs of a juvenile or a child:

(i)                Health needs;

(ii)               Emotional and psychological needs;

(iii)             Educational and training needs;

(iv)             Leisure, creativity and play;

(v)               Attachments and relationships;

(vi)             Protection from all kinds of abuse, neglect and maltreatment;

(vii)           Social mainstreaming; and

(viii)         Follow-up post release and restoration;

(i)     “institution” means an observation home, or a special home, or a children’s home or a shelter home set up, certified or recognized and registered under sections 8, 9, 34, sub-section

(3)   of section 34 and section 37 of the Act respectively;

(j) “Officer-in-charge” or such other nomenclature as issued by the State Government, means a person appointed for the control and management of the institution;

(k) “orphan” means a child who is without parents or willing and capable legal or natural guardian;

(l)     “place of safety” means any institution set up and recognized under sub-section (3) of section 12 and sub-section (1) of section 16 of the Act for juvenile in conflict with law or children;

(m) “recognised” means a person found fit by the competent authority or, an institution found fit by the State Government on the recommendation of the competent authority as per clauses (h) and (i) of section (2) of the Act; or, recognition of an institution or agency or voluntary organisation by the State Government to operate as a children’s home, observation home and special home; or a shelter home, specialized adoption agency or after care organization under sub-section (1) of section 37, sub-section (4) of section 41 and clause

(a)   of section 44 of the Act;

(n) “registered” means all institutions or agencies or voluntary organisations providing residential or non-residential care to children in need of care and protection registered under sub-section (3) of section 34 of the Act;

(o) “State Government” means the Government of Rajasthan;

(p) “street and working children” means children without ostensible means of livelihood, care, protection and support in accordance with the provisions laid down under s u b – clause (ia) of section 2 of the Act; and

(q) “surrendered child” means a child, who in the opinion of the Committee, is relinquished on account of physical, emotional and social factors beyond the control of the parent or guardian;

(2)     all words and expressions defined in the Act and used, but not defined in these rules, shall have the same meaning as assigned to them in the Act.

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The Rajasthan Juvenile Justice (Care and Protection of Children) Rules, 2011   GOVERNMENT OF RAJASTHAN SOCIAL JUSTICE & EMPOWERMENT DEPARTMENT NOTIFICATION No. : F 14(1)(323)(II)/J.J.Rules/CCO/SJE/10/37148 Jaipur, Dated : 11.05.2011 G.S.R. … … -In exercise of the powers conferred by the proviso to sub-section (1) of section 68 of the Juvenile Justice (Care and Protection of …

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