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Obituary of Pu Lalchhuanmawia, Audio Producer, SCERT

VOL - XLVIIIISSUE - 492Date - 19/07/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008OBITUARYThe Government of M izoram has lear nt, with profound grief and deep sor row, the sad and untimely demise of Pu Lalchhuanmawia, Audio Producer, SCERT on 7.7.2019 at 11:45. p.m. Born on 01.03.1962, Pu Lalchhuanmawia was appointed to the post of Graphic Artist, SCERT on Adhoc basis on 28.7.1986. His service was regularised with r etrospective effect from 28.7.1986 and he served in that capacity till he was promoted to Audio Producer, S CERT on 26.9.2013 where he ser ved till his last breath. He served the Gover nment of Mizora m with utmost sincerit y and devotion to duty and endeared himself to all his colleagues. He always proved himself to be a conscientious officer. The Government of Mizoram places on record its deep appreciation of the sincere services rendered by Pu. Lalchhuanmawia a nd conveys its heartfelt sympa thy to the bereaved f a mi ly. Es ther La l Ruatkimi, Dated AizawlSecr etary to the Govt. of Mizoram, The 15th July, 2019School Education Department. VOL - XLVIII Aizawl, Friday 19.7.2019 Ashadha 28, S.E. 1941, Issue No. 492Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

Re-Constitution of State Core Committee on Adolescence Education Programme (AEP) for Mizoram

VOL - XLVIIIISSUE - 493Date - 19/07/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. B.14014/2/2019 -EDN, the 16th July, 2019.In t he interest of public service, the Governor of Mizoram is pleased to re-constitute State Core Committee on Adolescence Education Programme (AEP) for Mizoram for effective monitor ing and implementation of the aforementioned Progra mme. The committee comprises the following members with immediate effect and until fur ther or der: 1.Chairman- Commissioner & Secr etary, S chool Education Department 2.Member - Secretary - Project Director, MSACS 3.Members- i)Director, School Education ii)Dir ector, Hea lth Services iii) Director, I & PR iv) Director, AIR v)Director, SCERT vi) Chairman, MBSE vii) State Nodal Officer, Rashtriya Kishore Swasthya Karyakaram under NHM viii) President, MUP/MHIP/ CYMA/ MZP ix) Joint Director, School Educa tion x)Joint Director, SCERT i/c AEP xi) Deputy Director, School Educa tion xii) Principal, IASE xiii) Principal, DIET, Aizawl xiv) DEO, Aizawl District xv) President, HISSLAM xvi) President, MISSTA xvii) President, Mizora m Jour nalist Associa tion xviii) Pr ogr amme O fficer s fr om M SAC S Es ther La l Ruatkimi, Commissioner & Secretary to the Govt. of Mizoram, School Education Department. VOL - XLVIII Aizawl, Friday 19.7.2019 Ashadha 28, S.E. 1941, Issue No. 493Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

Revised entitlements for residential landline telephones including internet and mobile phones

VOL - XLVIIIISSUE - 494Date - 19/07/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008OFFICE MEMORANDUMNo. D. 25011/1/2011-GAD/Pt-I, the 17th July, 2019.In partial modification of this Department’s O.M. No. D. 25011/1/2011-GAD/Pt-I dt. 27.06.2017, the Government of Mizoram hereby revises entitlements for residential landline telephones including internet and mobile phones as indicated below with immedia te effect : Sl. Entitled Class of OfficersMonthly Billing of Residentia l landline No.telephone (including internet) & Mobile phone clubbed together (in Rs.) 1. Principal C hief Conservator of Forest & Additional Principal Chief Conservator of Forest under Envir onment,3500/- Forests & C limate Change Department Biaktluanga, Commissioner & Secretary to the Govt. of Mizoram, General Administr ation Department. VOL - XLVIII Aizawl, Friday 19.7.2019 Ashadha 28, S.E. 1941, Issue No. 494Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

Agriculture Development Board for Govt. of Mizoram

VOL - XLVIIIISSUE - 195Date - 19/07/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. B. 12020/1/2019-GAD, the 16th July, 2019.In supersession of this Department’s Notifica tion of even No. dt. 2.7.2019 and in the interest of public service, the Governor of Mizora m is pleased to constituteAgriculture Development Board with the following composition. Chairman:Minister, Agricultur e Depart ment Vice-Chairman :Pu H. Biakzaua, MLA Secretary:Secretary, Agricultur e Depart ment MEMBERS1)Director, Agriculture Department (Crop Husbandry) 2)Director, Agriculture (R & E) 3)Pu M.S. Dawngliana, Luangmual, Aizawl 4)Pu Lalropuia Pachuau, Sihphir, Aizawl 5)Pu B.C Bia kngura, Venghlui, Aizawl 6)President, AMFU 7)Rev. Lianngaia, Lunglei 8)Commissioner Lalkiamlova, Tuikual, Aizawl 9)Pu David Lalmalsawma, M.B.A. (Mktg. &HR), MINECO,Khatla, Aizawl 10)Pu Ngurthansanga S ailo, B.SC Agri), M. Tech (F ruits a nd Veg.), Luangmual Vengthlang, Aizawl 11)Pu Lalruatfela Colney, Mass Comm., Mission Veng, Aizawl 12)Pu Lalsangliama Hnamte, M.Phil (JNU), Luangmual, Aizawl 13)Pu C. Rongura, Ex MDC, Lawngtlai 14)President, MASA 15)Pu Lalnghakliana, Rarahlun Vengthar, Aizawl Biaktluanga, Commissioner & Secretary to the Govt. of Mizoram, General Administr ation Department. VOL - XLVIII Aizawl, Friday 19.7.2019 Ashadha 28, S.E. 1941, Issue No. 495Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

Organising Committee for the 65th National School Games, 2019 to host Boxing U- 17 (Boys) at Aizawl

VOL - XLVIIIISSUE - 496Date - 19/07/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.B.13012/5/2019-EDN, the 18th July, 2019.In the interest of public service, the Governor of Mizoram is p leased to constitute Organising Committee for the 65th National School Ga mes, 2019 to host Boxing U- 17 (Boys) a t Aizawl consisting of the following members with immediate effect and until further orders. Pa tr on: Pu Zora mthanga , Hon’ble Chief Minister, Mizoram Orga nising Committee : Pu Lalchhandama Ralte, Hon’ble Minister, ChairmanSchool Education, Mizoram Sr.Vice Chairman: 1) Pu R obert Romawia Royte, Hon’ble Minis ter, Spor ts & Youth Services, Mizoram 2) Pu L.Thangmawia, Hon’ble MLA Vice Chairman: 1) Pi Esther La l Ruatkimi IRS, Commissioner & Secretary, School Education Department. 2) Pu Vanlalchhuanga, IA&AS, Commissioner & Secretary, Finance Depar tment Organising Secretary: Pi Lalzarmawii IAS, Director, School Educa tion Joint Secretary: 1) Pu K.Laldingliana, Addl. Director, School Educa tion 2) Pu Vanlalsa wma, Physical Education Officer 3) Pu H.Sanglur a, Circle Physical Educa tion Officer Executive Member : 1) Pu Vanlalngaihsaka IAS, Dy. Commissioner, Aiza wl District 2) Pu K.Sangthuama, Jt. Secretary, S chool Education Department 3) Pu Zothanmawia, Dir ector, Sports & Youth Services Department 4) Pu Lalzahngoa, SP, Aizawl District 5) Pu Rodinglia na Chawngthu, SP, Traffic, Aizawl District 6) Dr.Lalhmangaihi, Director, Health & Medical Educa tion 7) Pi Lallianpuii, Director, I&PR Department 8) Pu Lalrinmawia, SE, P&E, Aizawl Circle 9) Pu Anup Chhetri, SE, PHE, Aizawl Circle 10) Pu C .Laltla nthanga , Secr etary, MSSC 11) Dr. Zorammawia, President, MABA Es ther La l Ruatkimi, Commissioner & Secretary to the Govt. of Mizoram, School Education Department. VOL - XLVIII Aizawl, Friday 19.7.2019 Ashadha 28, S.E. 1941, Issue No. 496Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

State Level Committee (SLC) to recommend premature release of life convicts in appropriate cases

VOL - XLVIIIISSUE - 497Date - 19/07/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. B. 16020/2/2016-HMJ, the 18th July, 2019.In supersession of Notification No. B. 16020/2/2016- HMJ dt. 31.8.2016 and as per Para 20.04 under Chapter XX of the Mizoram Prison Manual 2017, the Governor of Mizora m is pleased to constitute the State Level Commit tee (SLC) to recommend prema ture release of life convicts in appr opriate cases. The Committee shall be a permanent body ha ving the following member s :- 1.Principal S ecretar y/Secretary in-charge of Prisons- Chairman 2.Secr etary/Lega l Remembrancer, La w & Judicia l Dept.- Member 3.IG of Police (Law & Order), PHQ- Member 4.Pu C. Vanlalmawia, Assistant Director, Social Welfare Dept.- Member (Nominated in lieu of Chief Probation Officer, Social Welfar e Department 5.Inspector General of Prisons- Member Secretary Lalbiakzama, Secr etary to the Govt. of Mizoram, Home Department. VOL - XLVIII Aizawl, Friday 19.7.2019 Ashadha 28, S.E. 1941, Issue No. 497Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

Mizoram Excise & Narcotics Department (Group ‘A’ posts) Recruitment Rules, 2019

VOL - XLVIIIISSUE - 498Date - 22/07/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.A.l2018/10/2016-P&AR(GSW), the 19th July, 2019:In exercise of the powers conferred by the proviso to article 309 of the Constitution, the Governor of Mizora m is pleased to make the following rules regulating the method of recruitment to the post(s) ofCommissioner of Excise & Narcotics, Joint Commissioner of Excise & Narcotics, Deputy Commissioner of Excise & Narcotics and Assistant Commissioner of Excise & Narcoticsunder Excise & Narcotics Department, Government of Mizor am, namely:- 1.Shor t title and (1 ) T hese ru les may b e called the M izor a m Excise & Nar cotics Department commencement (Group ‘A’ posts) Recruitment Rules, 2019. (2) They shall come into force from the date of publication in the Official Gazette. 2. Application These rules shall apply to the posts specified in Column I of Annexure-I her et o a nnex ed. 3. Number of posts, The number of the said post(s), classification a nd the Level in Pay classification and Matrix attached thereto shall be as specified in Column 2 to 4 of the Level in Pay Matrix aforesaid Annexure-I 4. Method of r ecruitment, The method of recruitment, age limit, qualifications and other matters age limit and other relating to the said post shall be as specified in Column 5 to 14 of qualifications Annexure-I; Provided that the upper age limit prescribed for direct recruitment may be relaxed in t he case of candidates belonging to the Scheduled Castes/the Scheduled Tribes and other special ca tegories of persons in a ccordance with the orders issued by the Government of Mizoram fr om time to time. 5. Disqualification No per son – (a ) who has entered int o or contracted a mar riage with a person having a spouse living; or VOL - XLVIII Aizawl, Monday 22.7.2019 Ashadha 31, S.E. 1941, Issue No. 498 - 2 - Ex-498/2019 (b) who, having a spouse living, has entered into or contracted a marr iage with any other person shall be eligible for appointment to the said post(s); Provided that the Governor may, if satisfied that such marr iage is permissible under the personal law applicable to such person and to the ot her par ty to the mar ria ge a nd tha t ther e are other valid grounds for doing so, exempt any such person fr om the operation of these r ules. 6.Training and Every Gover nment servant r ecruited under these rules shall undergo Departmental such training or pass such Depa rtmental Examination as may be Ex amination pres cribed from time to t ime. 7. Power to transfer Notwithstanding anything contained in these rules, the Governor of Mizoram, in public interest, shall have the right and power to transfer any officers, so recruited under these rules, to any other post or position which is equivalent in ra nk or gr ade. 8. Power to relax Wher e the Governor is of the opinion that it is necessary or expedient to do so, he may, by order and for reasons to be recorded in writing and in consultation with Mizoram Public Service Commission through the Department of Personnel & Administrative Reforms, relax any of the provisions of these rules with respect to any class or category of persons. 9. Reservation and Nothing in these rules shall affect any reservations, relaxation of age other concessions limit and other concessions required to be provided for the Scheduled Castes/the Schedu led Tribes and ot her ca tegor ies of persons in accordance with the order issued by Central Government or Government of M izoram from time to time in this regard. 10 Repeal & Savings All rules p ertaining to these posts fr amed by the Government of Mizoram notified vide 1) No. A.12018/3/2013-P&AR (GSW) dt 27.08.2014 and published in the Mizoram Gazette Extraordinary Issue No. 438 dated 29.08.2014 for the post of Commissioner of Excise & Narcotics; and 2) No. A.12018/3/2013-P&AR (GSW) dt 27.08.2014 and published in the Mizoram Gazette Extraordinary Issue No. 439 dated 29.08.2014 for the erstwhile post of Deputy Commissioner of Excise & Narcotics; and 3) No. A.12018/3/2013-P&AR (GSW) dt 27.08.2014 and published in the Mizoram Gazette Extraordinary Issue No. 440 dated 29.08.2014 for the erstwhile post of Assistant Commissioner of Excise & Narcotics; and 4) No. A.12018/3/2013-P&AR (GSW) dt 27.08.2014 and published in the Mizoram Gazette Extraordinary Issue No. 441 dated 29.08.2014 for the erstwhile post of Superintendent of Excise & Na rcotics stand hereby repealed with effect from the date of commencement of these r ules. Provided that any order ma de or a nything done or any action taken under the rules so repealed or under any general order ancillary thereto, shall be deemed to have been made, done or taken under the corresponding provisions of t hese rules. By order, etc Lalrinsanga, Joint Secretary to the Govt .of Mizoram, Department of Personnel & Administrative Reforms. ANNEXURE - I(See rule 2, 3 & 4)RECRUITMENT RULES FOR GROUP “A” POSTS UNDER EXCISE & NARCOTICS DEPARTMENTName of Post Number of PostClassificationLevel in Pay M atrixWhether Selection or Non-Selection post12345 Selection Commissioner of Excise & Narcotics1 (one) p ost or as sanctioned by the Government from time t o timeGeneral Sta te Service (Group ‘A’ Gazetted) (Non-M inisterial)Level-13 in the Pay Matrix (^ 1,23,100 - ^ 2,15,900)Selection Joint Commissioner of Excise & Narcotics2 (two) posts or as sanctioned by the Government from time t o timeGeneral Sta te Service (Group ‘A’ Gazetted) (Non-M inisterial)Level-12 in the Pay Matrix (^ 78,800 - ^ 1,75,200) Selection Deputy Commissioner of Excise & Narcotics2 (two) posts or as sanctioned by the Government from time t o timeGeneral Sta te Service (Group ‘A’ Gazetted) (Non-M inisterial)Level-11 in the Pay Matrix (^ 67,700 - ^ 1,50,800) Selection Assista nt Commissioner of Excise & Narcotics11 (eleven) posts or as sanctioned by the Government from time t o timeGeneral Sta te Service (Group ‘A’ Gazetted) (Non-M inisterial)Level-10 in the Pay Matrix (^ 56,100 - ^ 1,24,500)- 3 -Ex-498/2019 - 4 - Ex-498/2019 Wh eth er benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972?Age limit for direct recruitmentEducational and other qualification required for direct recruitmentWh ether th e a ge a nd educational qualifications prescribed f or d irect recruitments will apply in th e case of promotionPeriod of probation, if any67 8910 Not applicableNot applicableNot applicable Not applicableNot applicableMethod of recruitment whether by direct recruitment or by pro moti on or by deputation/absorption and percentage of the sanctioned posts to be filled by various methods11121314100% by promotion failing which by deputationIn case of recruitment by promotion/ absorption / deputation, grade from which promotion/deputation/ absorption to be madeIf DPC exists, what is its composition ?Circumstances inwhich MPSC is tobe consulted inmaking recruitment As per MPSC (Limitation of Functions) Regulations, 1994 as amended from time to time M izoram Public Service Commission PROMOTION: From Joint Commissioner of Excise & Narcotics with not less than 5 years regular service in the grade failing which from Joint Commissioner of Excise & Narcotics with n ot less than 25 (twenty five) years regular service ca lculated from the date of entry to the post of Inspector of Excise & Narcotics (Group ‘B’ Gazetted) DEPUTATION: From Officers holding analogous posts in the Central/State Government and the period of deputation shall not ordinarily exceed 3 (three) years which may be extended up to 5 years in special cases.Not applicableNot applicableNot applicable Not applicableNot applicable Not applicableNot applicableNot applicable Not applicableNot applicable Not applicableNot applicableNot applicable Not applicableNot applicable100% by promotion failing which by deputationAs per MPSC (Limitation of Functions) Regulations, 1994 as amended from time to time M izoram Public Service Commission PROMOTION: From Deputy Commissioner of Excise & Narcotics with not less than 5 years regular service in the g ra de f a ilin g which f rom Deputy Commissioner of Excise & Narcotics with not less tha n 20 (twenty) years regular service calculated from the date of entry to the p ost of In sp ector of Excise & Narcotics (Group ‘B’ Gazetted) DEPUTATION: From Officers holding analogous posts in the Central/State Government and the period of deputation shall not ordinarily exceed 3 (three) years which may be extended up to 5 years in special cases. 100% by promotion failing which by deputationAs per MPSC (Limitation of Functions) Regulations, 1994 as amended from time to time M izoram Public Service Commission PROMOTION: From Assistant Commissioner of Excise & Narcotics with not less than 5 years regular service in the grade DEPUTATION: From Officers holding analogous posts in the Central/State Government and the period of deputation shall not ordinarily exceed 3 (three) years which may be extended up to 5 years in special cases.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100 100% by promotion failing which by deputationAs per MPSC (Limitation of Functions) Regulations, 1994 as amended from time to time M izoram Public Service Commission PROMOTION: From Inspector of Excise & Narcotics with not less than 5 years regular service in the grade having passed departmental examination and have undergone the training course prescribed by the Government. DEPUTATION: From Officers holding analogous posts in the Central/State Government and the period of deputation shall not ordinarily exceed 3 (three) years which may be extended up to 5 years in special cases.- 5 -Ex-498/2019

Joint Electricity Regulatory Commission for Manipur & Mizoram (Electricity Supply Code) (Thirteenth Amendment) Regulations, 2019

VOL - XLVIIIISSUE - 499Date - 22/07/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. H. 11019/3/18-JERC, the 17th July, 2019.In exercise of powers conferred under Section 50 read with Clause (x) of Sub-section (2) of Section 181 of the Electricity Act, 2003 (36 of 2003), and all other powers enabling it in this behalf, the Joint Electr icity Regulatory Commission for Manipur & Mizoram hereby makes the following Regula tions to amend the Joint Electricity Regulatory Commission for Manipur & Mizoram (Electricity Supply Code) Regulations, 2013 (hereinafter referred to as “the Principal Regulations”), namely; 1.Short title and commencement (1) This Regula tion may be called the Joint Electricity Regulator y Commission for Manipur & Mizoram (Electricit y Supply Code) (T hirteenth Amendment) Regula tions, 2019. (2) This Regulation sha ll extend to the whole States of Manipur and Mizoram and shall apply in relation to all matters fa lling within the jurisdiction of the Commission. (3) This Regulations sha ll come into force from the date of their notifications in the Official Gazette of t he concerned Sta tes. 2 . Amendment in Regulation 3 of the Pr incipal Regulations: Clause 3.1(2 ) of the Joint Electricity Regulatory Commission for Manipur and M izoram (Electricity Supply Code) Regulations, 2013 shall be substituted as below: 3.1(2) At the point of commencement of supply, except with the writ ten consent of the consumer or with the previous sa nction of the Commission, a supplier shall not permit the voltage to var y from the declared voltage mor e than stipulated below or the limit specified by Central Electricity Aut hority from time to time. (a ) Plus(+)/Minus(-) 6% in resp ect of Low Tension. i. e. (1 ) Single phase supply Minimum: 216V (phase to neutral) Maximum: 244V (phase to neutral) (2 ) 3 phase supply Minimum: 376V (phase to phase) Maximum: 424V (phase to phase) VOL - XLVIII Aizawl, Monday 22.7.2019 Ashadha 31, S.E. 1941, Issue No. 499 - 2 - Ex-499/2019 (b) Plus(+)/Minus(-) 9% in resp ect of H igh Tension. i.e. (1) 11kV system Minimum: 10kV (phase to phase) Maximum: 12kV (phase to phase) (2 ) 33kV system Minimum: 30kV (phase to phase) Maximum: 36kV (phase to phase) (c ) In respect of Extra High Tension. i. e. (1 ) 132kV system Minimum: 122kV (phase to phase) Maximum: 145kV (phase to phase) (2 ) 400kV system Minimum: 380kV (phase to phase) Maximum: 420kV (phase to phase) Provided that even if the state transmission licensee/utility does not receive regulated voltage from the inter-state transmission licensee/utility, it shall be the duty of the state transmission licensee to deliver regulated voltage to the distribution licensee/utility within the specified limits and it shall be the duty of distribution licensee/utility to deliver regulated voltage to the consumer within the specified limit in the licensed ar ea of operation. By Or der of t he Commission Richard Zothankima, Assistant Secretary.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/250

The Mizoram Appropriation (No. 4) Act, 2019 (Act No. 14 of 2019

VOL - XLVIIIISSUE - 500Date - 22/07/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.H. 12018/83/2013-LJD/FIN, the 19th July, 2019.The following Act is hereby published for general information. The Mizoram Appropriation (No. 4) Act, 2019 (Act No. 14 of 2019) (Received the assent of the Governor of Mizoram on 2.7.2019) THE MIZORAM APPROPRIATION (No.4)ACT, 2019 AN ACT to authorise payment and appropria tion of certain sums from and out of the Consolidated Fund of the S tate for the services for the Financial Year, 2019-2020. It is enact ed by t he Legislative Assembly of Mizoram in the Seventieth Year of the Republic of India as follows:- Short Title1.This Act may be called the Mizoram Appropriation (No.4) Act, 2019 2.From and out of the Consolidated Fund of the State of Mizoram, there may be paid and applied the sums not exceeding those as specified in column (5) of the S chedule to this Act, a mounting, in the aggregate, t o the sum ofRupees ten thousand eight hundred seventy two crore fifty six lakh sixty thousand only for defr aying the several charges which will come in course of payment for Financial Year, 2019-2020 in respect of the services sp ecified in column (2 ) of the Schedule. 3.The sums so author ised is inclusive of t he sums already authorised under the Mizoram Appropr iation (Vote on Account) (No.2) Act, 2019 (Act No. 2 of 2019). VOL - XLVIII Aizawl, Monday 22.7.2019 Ashadha 31, S.E. 1941, Issue No. 500 Issue of ^1087256.60 lakhout of the Conso- lidated Fund of the State of Mizoram for the Financial Year, 2019-2020. - 2 - Ex-500/2019 Repeal & savings Appropriation 4.The sums authorised to be paid and applied from and out of the Consolidated Fund of the State of Mizoram by this Act shall be appropria ted for the services and purposes expressed in the Schedule in relation to the said period. 5.The Mizoram Appropriation (No.2) Act, 2018 (Act No. 2 of 2018) published in t he Mizoram Gazette Extraordinary Issue No. 210 of dt. 17.4.2018 and The Mizoram Appropr iation (Vote on Account) (No.2) Act, 2019 (Act No. 2 of 2019) published in the Mizoram Gazette Extraordinary Issue No. 232 of dt. 8.4.2019 are stand hereby repeal. Secretary, Law & Judicial Deptt., Govt. of Mizoram. SCHEDULE[See Sections 2 and 3] (^ in lakh) 1Legislative AssemblyRevenue2638.8087.202726.00 Capital170.00170.00 2.GovernorRevenue30.60754.13784.73 3.Council of MinistersRevenue531.94531.94 4.Law & JudicialRevenue2789.271257.044046.31 5.VigilanceRevenue858.10858.10 6.Land Revenue & SettlementRevenue4084.504084.50 7.Excise & NarcoticsRevenue4378.294378.29 8.TaxationRevenue1856.341856.34 Capital612.90612.90 9.FinanceRevenue130205.56130205.56 Capital144308.43144308.43 10. Mizoram Public Service CommissionRevenue768.20768.20 11. Secretariat AdministrationRevenue12400.1612400.16 12. Parliamentary AffairsRevenue105.91105.91 13. Personnel & Administrative ReformsRevenue355.07355.07 14. Planning & Programme ImplementationRevenue9634.939634.93 Capital 15. General Administration DepartmentRevenue9678.929678.92 Capital660.00660.00 16. HomeRevenue79463.0979463.09 Capital346.18346.18 17. Food, Civil Supplies & Consumer AffairsRevenue9036.569036.56 Capital19593.6019593.60 18. Printing & StationeryRevenue1698.551698.55 19. Local AdministrationRevenue4148.184148.18 Capital 20. School EducationRevenue132342.02132342.02 Capital500.00500.00 Demand No.SERVICES AND PURPOSESVoted by Legislative AssemblyTotal SUMS NOT EXCEEDING Charged on the Consoli- dated Fund12345 - 3 -Ex-500/2019 21. Higher & Technical EducationRevenue25767.9725767.97 Capital 22. Sports & Youth ServicesRevenue2216.062216.06 Capital547.70547.70 23. Art & CultureRevenue1257.551257.55 24. Health & Family WelfareRevenue56145.5756145.57 Capital501.50501.50 25. Public Health EngineeringRevenue20493.6720493.67 Capital4809.604809.60 26. Information & Public RelationsRevenue1526.371526.37 27. District Council & Minority AffairsRevenue40106.8740106.87 28. Labour, Employment, Skill Development &Revenue3859.143859.14 EntrepreneurshipCapital900.00900.00 29. Social WelfareRevenue14469.7014469.70 Capital590.80590.80 30. Disaster Management & RehabilitationRevenue2744.772744.77 31. AgricultureRevenue17368.0317368.03 Capital 32. HorticultureRevenue7664.987664.98 Capital750.00750.00 33. Land Resources, Soil & Water ConservationRevenue1958.141958.14 34. Animal Husbandry & VeterinaryRevenue6933.31693331 Capital 35. FisheriesRevenue1040.011040.01 36. Environment, Forests & Climate ChangeRevenue16007.2816007.28 37. Co-operationRevenue1389.181389.18 Capital320.00320.00 38. Rural DevelopmentRevenue35731.9935731.99 Capital4031.004031.00 39. PowerRevenue53393.7553393.75 Capital3345.383345.38 40. Commerce & IndustriesRevenue8256.858256.85 Capital 41. SericultureRevenue2109.672109.67 42. TransportRevenue5031.085031.08 Capital 43. TourismRevenue978.21978.21 Capital 44. Trade & Commerce 45. Public WorksRevenue46273.0446273.04 Capital13476.7913476.79 46. Urban Development & Poverty AlleviationRevenue16164.8416164.84 Capital21519.1621519.16 47. Irrigation & Water ResourcesRevenue1468.221468.22 Capital2500.002500.00 48. Information&Communication TechnologyRevenue790.71790.71 49. Public DebtRevenue40301.6740301.67 Capital27221.5727221.57 GRAND TOTAL :1016866.7970389.811087256.60Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/200

The Mizoram (Land Revenue) (Amendment) Act, 2019 (Act No. 16 of 2019)

VOL - XLVIIIISSUE - 501Date - 22/07/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.H. 12018/229/2013-LJD/REV, the 19th July, 2019.The following Act is hereby published for general information. The Mizoram (Land Revenue) (Amendment) Act, 2019 (Act No. 16 of 2019) (Received the assent of the Governor of Mizoram on 2.7.2019) THE MIZORAM (LAND REVENUE)(AMENDMENT) ACT, 2019 AN ACT to a mend the Mizora m (Land Revenue) Act, 2013 (Act No. 5 of 2013), hereinafter referr ed to as the Principal Act. It is enact ed by t he Legislative Assembly of Mizoram in the S eventieth year of the Republic of India as follows, namely: 1 . Short title, extent and commencement.- (1) This Act ma y be ca lled the Mizor am (Land Revenue) (Amendment) Act, 2019. (2) It shall ha ve the like ext ent as the Principal Act. (3) It shall commence on the date of its publication in the Mizor am Gazette. 2 . Amendment of section 2. (1) In section 2 of the Princip al Act, clause (17) shall be amended as follows, namely: “(17) “Family” in relation to a person includes persons such as grandparents, parents, spouse, siblings, descendants of that person including adopted childr en;” (2) After clause (18) of section 2 in the Principal Act, a new clause shall be inserted as follows, na mely- “(18A) “Government land” means the land which is declared as the property of the Government u nder section 12 of this Act; VOL - XLVIII Aizawl, Monday 22.7.2019 Ashadha 31, S.E. 1941, Issue No. 501 - 2 - Ex-501/2019 (3) After the new sub-section (18A) of section 2 of the Principal Act, a new clause shall be inserted as follows, namely - “(18B) “Gram Sabha” or “Village Assembly” means gram sabha as defined by the Lushai Hills District (Village Councils) Act, 1953 as amended by Act No. 10 of 2014;” (4) After clause 19 of section 2 of Principal Act, a new clause (19A) shall be inserted as follows, namely - “(19A) “household” means a member or members of a family living alone or together as a separate social unit using the same kitchen;” (5) After clause (21) of section 2 of the Principal Act, new clause (21A) and (21B) shall be inserted as follows, namely- “(2 1 A “Land Committee” means the Land Committee established under section 10B of this Act; (21B) “Land Reform Board” means the Land Reform Board established under section 10A of this Act; (6) In the Principal Act, after clause (33) of section 2, a new clause (33 A) shall be inserted as follows, namely - “(33A) “record of rights” means the record of various informa tion on all la nd holdings within each specified loca lity, such as, reference number and date of Government appr oval for it s initial allotment, survey number or plot number, purpose of holding, land-utilisa tion classification, gr ade, ar ea, location address, geographical or geodetic reference, and the identit y of the holder thereof with the nature of rights including encumbrance on the land, etc., maintained in paper or digitised form, a nd shall include the Genera l Register;” (7) In t he Principal Act, after clause (36) of section 2, a new cla use sha ll be inserted as follows, na mely- “(36A) “set back” means the open space fr om the proposed building or structure to the plot boundaries beyond which nothing ca n be constructed towar ds the boundaries;” (8) After clause (41) of section 2 of the Pr incipal Act, a new cla use sha ll be inserted as follows, namely.- “(41 A) “sur veyed ar ea or village” means a ny area or village which has been surveyed under the Mizoram (Land Survey and Settlement Operation) Act, 2003;” (9) After clause (43) of section 2 of the Pr incipal Act, a new cla use sha ll be inserted as follows, na mely- “(43 A) “Tin” means a traditional measure of land a rea equivalent to 1.0 Acre or appr oximately 4000 square metres or 0.40 Hectare or 43,560 square feet or 3.025 Bighas;” (10) In the principal Act, after clause (46), a new clause (46A) shall be inserted as follows, namely - “(46A) “unsurveyed village or area” means any village or area not surveyed under the Mizoram (Land Survey and S ettlement Operation) Act, 2003;” 3 . Insertion of a new section 10A. After section 10 of the Pr incipal Act, a new section 10A shall be inserted as follows, namely - “10A.Land Refor m Boa rd. The Government may constitute a Land Reform Board at the State level, with such composition and terms of r efer ence a s may be notified in the Official Gazet te.” 4 . Insertion of a new section 10B. In the Principal Act, after the new section 10A, a new section shall be inserted as follows, namely - “10B. Land Committee. (1) The Government may constitute Land Committees at the levels and in the manner a s it ma y deem appropriate, by not ification in Officia l Gazette, to perfor m the following functions within their respective jurisdictions- - 3 -Ex-501/2019 (a ) assisting the Government in- (i)monitoring the land-utilis ation a nd submit appropriate suggestions thereon to the Government; (ii) protection of community or public land or Government land; (iii) preparation of land-utilisation plans; (iv) detection and prevention of land encroachment; (v) finding amicable solution of disputes on land; (b) screening the applications for allotment of land and renewal of temporary allotment of land, and to submit it s observations thereon to the Government; (c ) presenting their reports to the Gram Sabhas or village assembly, or to similar bodies where Gram S abha does not exist. (d) any other function as the Government may specify. (2) The Land Committee so constituted shall be a perpetual body unless dissolved or reconstituted by the Government, or rendered inoperative due to factors beyond human contr ol. (3) The name “Site Allotment Advisory Board” a ppearing in the Principal Act shall s tand substituted with the name “Land Committee”. 5 . Insertion of new section 14A. After the section 14 of the Principal Act, a new section shall be inserted a s follows, namely- “14A. Government Land Bank. (1) Any part of vacant lands fr ee from encumbr ance, reserved for allotment or productive use for a ny pur pose shall be recor ded as Government land bank in the Land Ba nk Register which sha ll be maintained by the Land Revenue and Settlement Department in the manner as may be prescribed. (2) The land ba nk shall inclu de relinquished lands including acqu ired la nd reverted to the Government, lands reserved for compensatory afforestation or Government programme, lands earmarked for resettlement of homesteads lost due to natural calamity or acquisition, vaca nt plots in a S ite Plan, freed unutilised acquired la nd, sur plus land or ar eas reverted to the Gover nment on account of diversion of non-residential la nd to r esidential land and regu la risation of unregistered land holdings, and any sur plus la nd a rising out of enfor cement of land ceiling provisions, cancelled allotment, abandoned huma n habit ation, etc.” 6 . Amendment of section 28. After the existing provisions of section 28 of the Principal Act, a new proviso shall be inserted as follows, namely- “Provided that the rights in the land held under lease by an individual or a non-government orga nisation, if a cquired through purchase or other legal means from a previously registered non-Governmental land holder, may be transferred, subject to prior approval of the Government and as per the provisions of this Act.” 7 . Amendment of section 36. (1) After the proviso to sub-s ection (1) of section 36 in the Principal Act, new provisos shall be inserted as follows, namely- “Provided further that when the applica tion for land for house site is gra nted by the competent authority, such approval shall be intimated to the applicant by the Revenue Officer concerned. The appr oval for allotment of the land shall expire if the applicant, in spit e of the intimation given to him, fails without showing a sufficient reason thereof, to collect the land document concerned within thirty working days from receipt of such intimation. - 4 - Ex-501/2019 (2) In subsection (3) of section 36 of the Principal Act, for the words and figures “a house shall be cons tructed within a period of 10 (ten) years”, the wor ds “the plot so allot ted shall be fenced properly wit h durable materials such as heartwood or reinforced cement concrete posts and other durable materials within the area of the land so a llotted, and the land is also prepared for construction of a house” shall be substituted. (3) Subsection (4) of section 36 of the Principal Act shall be substituted by the following, namely— “(4) The allotment of la nd for construction of a house or shop or sta ll will also be subject to the restriction that no part of the said land shall be transferred within five yea rs from the date of its first a llotment from Government land, even if the land has been settled under this Act; Provided that the restriction ontransfer of land under this sub-s ection shall not apply in case of- (a ) transfer within the family of the land holder ; or (b) transfer on account of inheritance or order of a competent court; or (c ) transfer on account of for feiture of land mortgaged for securing loan; or (d) acqu isition of any part of the land under land acquisition Act or Government policy in force, or ( e) transfer to a religious organisa tion or a non-profit civil society organisa tion in the interest of the public or community.” 8 . Amendment of section46. (1) Subsection (2)ofsection 46 of the Princip al Act shall be omitted. (2) Subsection (3)ofsection 46 in the Princip al Act shall be omitted. 9 . Insertion of new section 46A. After section 46 of the Pr incipal Act, a new section 46A shall be inserted as follows, namely- “46A. Renewal of temporary allotment of land. (1) If the holder of a land under temporary allotment, such as, Lease or Periodic Patta or P ass, shall need to use the land beyond the period of the allotment, he may apply for renewal thereof within six months before the expiry of t he lease, or for delayed renewal dur ing the succeeding grace periods, in the manner as may be prescribed. (2) The application for renewal under sub-section (1) may be granted subject to such conditions and on payment of such fee and penalty tax as may be prescribed. Any refusal to such application shall be communicated to t he applicant in the manner of a speaking or der: Provided tha t renewal shall not be allowed if- (a ) the land has been allotted within a notified protected or restricted area or forest reserve and clearance from compet ent authority has not been obtained; or (b) the disputes relating to the corr ect area of the land, if any, has not been settled; or (c ) if t he Government decides that continuing the existing use of the land is against the interest of the public, until the objectionable property or manner of use is removed or stopped; or (d) in case of residential land, the site has not been fenced properly wit h durable materials such a s heartwood or reinfor ced cement concrete posts and other dura ble materia ls within the area of the la nd so a llotted; or ( e) in case of agricultural land, the area of the land developed is less than 50 per cent of the tota l area allot ted. Provided further that the said land holder shall not be exempted from payment of a ny fine for late renewal as a result of delay caused by disputes or objections indicated under the first proviso. Provided also that on failure to seek renewal of temporary a llotment after the expiry of the grace period, the temporar y allot ment shall be regarded as expired, and shall be pr ocessed for formal cancellation. (3) If the land holder who fails to renew the temporarily allotted land as provided under the preceding sub-sections, requests for renewal of the same after the lapse of the grace periods, his application may be entertained on the satisfaction of the Revenue Officer concerned that the delay was due to factors beyond the control of the land holder concerned, subject tothe following conditions: (a ) Such late a pplication for renewal, even if entertained, shall be processed in the ma nner similar to that of fresh applica tion for allotment of land, and (b) any allotment of land which might have been made by a competent authority within the area of the expired temporary allotment of land prior to submission of application for renewal, sha ll be excluded from the area in resp ect of which su ch expired allotment is to be renewed; a nd (c ) If t he application for late renewal is gr anted, the applicant shall pa y twice the maximum penalty tax specified for delayed renewal. (4) Payment of land revenue in respect of a n expir ed allotment, unless renewed as provided under this section, shall not entitle or be construed as extension of the temporary allotment.” 10. Amendment of section 48. After the existing provisions of section 48 of the Principal Act, a new proviso shall be inserted as follows, namely - “Provided that the annual taxes payable on the lands of the same grade and of the same land- utilisation category shall be assessed at the same rates in terms of percentage of the established valuation thereof, regardless of whether the land is settled or leased, or is held under Pass or Periodic Patta.” 11. Amendment of section 100. In section 100 of the Principal Act, (1) for the words and figures “the Indian Registration Act, 1908”, the wor ds and figures “the Registration Act, 1908” shall be substituted. (2) after the figures “1908”, the words and figures “and the Indian Stamp Act, 1899" shall be inserted. Secretary, Law & Judicial Deptt, Govt. of Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C200- 5 -Ex-501/2019

The Mizoram (Repeal of certain Enactments) Act, 2019 (Act No. 15 of 2019)

VOL - XLVIIIISSUE - 502Date - 22/07/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.H. 12018/253/2013-LJD/FIN, the 19th July, 2019.The following Act is hereby published for general information. The Mizoram (Repeal of certain Enactments) Act, 2019 (Act No. 15 of 2019) (Received the assent of the Governor of Mizoram on 8.7.2019) THE MIZORAM (REPEALING OF CERTAIN ENACTMENTS) ACT, 2019 AN ACT to repeal certain enactments in the State of Mizoram. Whereas it is expedient to repeal certain ena ct ments in for ce in the S t ate. It is enact ed by t he Legislative Assembly of Mizoram State in the Seventieth Year of the Republic of India as follows:1 . Short t itle & (1) This Act may be called the Mizoram (Repealing of Certain Enactments) commencement Act, 2019. (2) It shall come into force at once 2 . Definition In this Act, unless the context otherwise requires, “Schedule” means a Schedule annexed to this Act 3 . Repeal of certain The enactments specified in the First Schedule are hereby repealed to the enactments : extent mentioned in the fifth column thereof. 4 . Savings : (1) The repeal by this Act of any enactment :- (a) shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to ; VOL - XLVIII Aizawl, Monday 22.7.2019 Ashadha 31, S.E. 1941, Issue No. 502 - 2 - Ex-502/2019 (b) shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in r espect thereof, or any release or discharge of or from any debt, penalty, obliga tion, liability, claim or demand, or a ny indemnity alr eady gr anted, or the proof of any past act or thing. (c ) shall not affect any principle or rule of law, or course of pending, practice or procedure, or existing usage, custom, privilege, rest riction, exemption, office or appointment, notwithstanding tha t the same respectively ma y have been in any manner affirmed or recognized or derived by, in respectively may have been in any manner a ffirmed or recognized or derived by, in or from any enactment hereby repea led. (d) shall not r evive or restore and jur isdiction, office, custom, liability, r ight , t it le, p r ivil ege, r es t r ict ion, ex emp t ion , u s a ge, p r a ct ice, procedure or other matter or thing not now existing or in force. ( e) nor shall t he repeal of t he Appropriation Acts by this Act affect the audit, examination, accounting, investigation, inquiry or any other action taken or to be taken in relation thereto by any authority and such audit, examination, accounting, investigation, inquiry or action could be taken and/or continued as if the said Acts are not repealed by this Act. (2) For the removal of doubts it is hereby declared that where this Act repeals any enactment by which - (a ) the text of any other enactment, was amended by the exp ress addition, omission, insertion or substitution of any matter, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the commencement of this Act; (b) any action ta ken (including any rule or or der or bye-law or regulation made or any ta x or cess or fee assessed or collected) by t he government or any other authority has been validated or saved or proceedings before one a uthorit y has been tr ansferr ed to a nother or any decla ra tion ha s b een made or any dir ection has been given, the r epea l shall not affect the operation at the commencement of this Act; and (c ) any other enactment has been amended or r epealed or extended to the State of Mizoram, with or without some consequentia l or transitory or saving provisions the repeal shall not affect the operation of such a mendment, repeal, ext ension or provision and in operation a t the time of commencement of this Act. Secretary, Law & Judicial Deptt, Govt. of Mizoram. - 3 -Ex-502/2019 FIRST SCHEDULE (See Repealed Ena ctments Sec 2 and 3) Sl. Year Act Short TitleExtent of No.No.R ep ea l 1. 19721The Appropriation Act, 1972the whole 2. 19731The Appropriation (No.l) Act, 1973the whole 3. 19732The Appropriation (No.2) Act, 1973the whole 4. 19736The Appropriation (No.3) Act, 1973the whole 5. 19744The Appropriation (No.l) Act, 1974the whole 6. 19745The Appropriation (No.2) Act, 1974the whole 7. 19754The Appropriation (No.l) Act, 1975the whole 8. 19755The Appropriation (No.2) Act, 1975the whole 9. 19763The Appropriation (No.l) Act, 1976the whole 10. 19764The Appropriation (No.2) Act, 1976the whole 11. 19775The Appropriation (No.l) Act, 1977the whole 12. 19776The Appropriation (No.2) Act, 1977the whole 13. 19803The Appropriation (No.l) Act, 1980the whole 14. 19802The Appropriation (No.2) Act, 1980the whole 15. 19811The Appropriation (No.l) Act, 1981the whole 16. 19812The Appropriation (No.2) Act, 1981the whole 17. 19821The Appropriation (No.l) Act, 1982the whole 18. 19822The Appropriation (No.2) Act, 1982the whole 19. 19831The Appropriation (No.l) Act, 1983the whole 20. 19832The Appropriation (No.2) Act, 1983the whole 21. 19833The Appropriation (No.3) Act, 1983the whole 22. 19841The Appropriation (No.l) Act, 1984the whole 23. 19842The Appropriation (No.2) Act, 1984the whole 24. 19843The Appropriation (No.3) Act, 1984the whole 25. 19844The Appropriation (No.4) Act, 1984the whole 26. 19845The Appropriation (No.5) Act, 1984the whole 27. 19846The Appropriation (No.6) Act, 1984the whole 28. 19847The Appropriation (No.7) Act, 1984the whole 29. 19848The Appropriation (No.8) Act, 1984the whole 30. 19863The Appropriation (No.2) Act, 1986the whole 31. 19866The Appropriation (No.l) Act, 1986the whole 32. 19871The Mizoram Appropriation (No.l) Act, 1987the whole 33. 19883The Mizoram Appropriation (No.l) Act, 1988the whole 34. 19884The Mizoram Appropriation (No.2) Act, 1988the whole 35. 19891The Mizoram Appropriation (No.l) Act, 1989the whole 36. 19896The Mizoram Appropriation (No.2) Act, 1989the whole 37. 19901The Mizoram Appropriation (No.l) Act, 1990the whole 38. 19902The Mizoram Appropriation (No.2) Act, 1990the whole 39. 19916The Mizoram Appropriation (No.l) Act, 1991the whole 40. 19916The Mizoram Appropriation (No.3) Act, 1991the whole 41. 19916The Mizoram Appropriation (No.4) Act, 1991the whole 42. 19916The Mizoram Appropriation (No.5) Act, 1991the whole 43. 19916The Mizoram Appropriation (No.6) Act, 1991the whole 44. 19916The Mizoram Appropriation (No.7) Act, 1991the whole - 4 - Ex-502/2019 45. 199112The Mizoram Appropriation (No.2) Act, 1991the whole 46. 19926The Mizoram Appropriation (No.l) Act, 1992the whole 47. 19927The Mizoram Appropriation (No.2) Act, 1992the whole 48. 19935The Mizoram Appropriation (No.l) Act, 1993the whole 49. 19936The Mizoram Appropriation (No.2) Act, 1993the whole 50. 19941The Mizoram Appropriation (No.l) Act, 1994the whole 51. 19944The Mizoram Appropriation (No.2) Act, 1994the whole 52. 19951The Mizoram Appropriation (No.l) Act, 1995the whole 53. 19952The Mizoram Appropriation (No.2) Act, 1995the whole 54. 19953The Mizoram Appropriation (No.3) Act, 1995the whole 55. . 19962The Mizoram Appropriation (No.l) Act, 1996the whole 56. 19963The Mizoram Appropriation (No.2) Act, 1996the whole 57. 19964The Mizoram Appropriation (Vote on Account) (No.3) Act, 1996the whole 58. 19966The Mizoram Appropriation (Vote on Account) (No.4) Act, 1996the whole 59. 19967The Mizoram Appropriation (No.5) Act, 1996the whole 60. 19971The Mizoram Appropriation (No.l) Act, 1997the whole 61. 19972The Mizoram Appropriation (No.2) Act, 1997the whole 62. 19981The Mizoram Appropriation (No.l) Act, 1998the whole 63. 19982The Mizoram Appropriation (Vote on Account) (No.2) Act, 1998the whole 64. 1998The Mizoram Appropriation (No.3) Act, 1998the whole 65. 19991The Mizoram Appropriation (No.l) Act, 1999the whole 66. 19992The Mizoram Appropriation (No.2). Act, 1999the whole 67. 19994The Mizoram Appropriation (No.3) Act, 1999the whole 68. 20001The Mizoram Appropriation (No.l) Act, 2000the whole 69. 20002The Mizoram Appropriation (No.2) Act, 2000the whole 70. 20004The Mizoram Appropriation (No.3) Act, 2000the whole 71. 20005The Mizoram Appropriation (No.4) Act, 2000the whole 72. 20013The Mizoram Appropriation (No.l) Act, 2001the whole 73. 20014The Mizoram Appropriation (Vote on Account) (No.2) Act, 2001the whole 74. 20015The Mizoram Appropriation (No.3) Act, 2001the whole 75. 20026The Mizoram Appropriation (No.l) Act, 2002the whole 76. 20027The Mizoram Appropriation (No.2) Act, 2002the whole 77. 20028The Mizoram Appropriation (No.4) Act, 2002the whole 78. 200210The Mizoram Appropriation (No.3) Act, 2002the whole 79. 20032The Mizoram Appropriation (No.l) Act, 2003the whole 80. 20033The Mizoram Appropriation (No.2) Act, 2003the whole 81. 20036The Mizoram Appropriation (No.3) Act, 2003the whole 82. 20037The Mizoram Appropriation (No.4) Act, 2003the whole 83. 20041The Mizoram Appropriation (No.l) Act, 2004the whole 84. 20042The Mizoram Appropriation (No.2) Act, 2004the whole 85. 20043The Mizoram Appropriation (No.3) Act, 2004the whole 86. 20044The Mizoram Appropriation (No.4) Act, 2004the whole 87. 20048The Mizoram Appropriation (No.5) Act, 2004the whole 88. 20049The Mizoram Appropriation (No.6) Act, 2004the whole 89. 20052The Mizoram Appropriation (No.l) Act, 2005the whole 90. 20053The Mizoram Appropriation (No.2) Act, 2005the whole 91. 20061The Mizoram Appropriation (No.l) Act, 2006the whole 92. 20062The Mizoram Appropriation (No.2) Act, 2006the whole - 5 -Ex-502/2019 93. 20063The Mizoram Appropriation (No.3) Act, 2006the whole 94. 20071The Mizoram Appropriation (No.l) Act, 2007the whole 95. 20072The Mizoram Appropriation (No.2) Act, 2007the whole 96. 20081The Mizoram Appropriation (No.l) Act, 2008the whole 97. 20082The Mizoram Appropriation (No.2) Act, 2008the whole 98. 20083The Mizoram Appropriation (No.3) Act, 2008the whole 99. 20091The Mizoram Appropriation (No.l) Act, 2009the whole 100. 20092The Mizoram Appropriation (No.2) Act, 2009the whole 101. 20098The Mizoram Appropriation (No.3) Act, 2009the whole 102. 200912The Mizoram Appropriation (No.4) Act, 2009the whole 103. 20101The Mizoram Appropriation (No.l) Act, 2010the whole 104. 20102The Mizoram Appropriation (No.2) Act, 2010the whole 105. 20109The Mizoram Appropriation (No.3) Act, 2010the whole 106. 201010The Mizoram Appropriation (No.4) Act, 2010the whole 107. 20115The Mizoram Appropriation (No.l) Act, 2011the whole 108. 20116The Mizoram Appropriation (Vote on Account) (No.2) Act, 2011the whole 109. 201116The Mizoram Appropriation (No.3) Act, 2011the whole 110. 20131The Mizoram Appropriation (No.l) Act, 2013the whole 111. 20132The Mizoram Appropriation (No.2) Act, 2013the whole 112. 20133The Mizoram Appropriation (No.3) Act, 2013the whole 113. 20141The Mizoram Appropriation (No.l) Act, 2014the whole 114. 20142The Mizoram Appropriation (Vote on Account) (No.2) Act, 2014the whole 115. 20147The Mizoram Appropriation (2nd Vote on Account) (No.3) Act, 2014 the whole 116. 201413The Mizoram Appropriation (No.4) Act, 2014the whole 117. 20151The Mizoram Appropriation (No.l) Act, 2015the whole 118. 20152The Mizoram Appropriation (No.2) Act, 2015the whole 119. 20153The Mizoram Appropriation (Vote on Account) (No.3) Act, 2015the whole 120. 201510The Mizoram Appropriation (2nd Vote on Account) (No.4)Act, 2015the whole 121. 201512The Mizoram Appropriation (No.l) Act, 2015the whole 122. 20161The Mizoram Appropriation (No.l) Act, 2016the whole 123. 20162The Mizoram Appropriation (No.2) Act, 2016the whole 124. 20171The Mizoram Appropriation (No.l) Act, 2017the whole 125. 20174The Mizoram Appropriation (No.2) Act, 2017the wholePublished and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C200

The Mizoram Juvenile Justice (Care and Protection of Children) Rules, 2019

VOL - XLVIIIISSUE - 324Date - 21/05/2019

- PB - - 1 - NOTIFICA TION No.B.12019/3/2018-SWD, the 15 th May, 2019:In exercise of the powers conferred under sub- section (1) of section 110 of the Juvenile Justice (Care & Prot ection of Children) Act 2015, (No 2 of 2016), the Governor of Mizoram is pleased to notify the Mizoram Juveni le Justice (Care & Protection of Children) Rules, 2019 with effect from the date of publication in the Off icial Gazette of Mizoram. Zoramthangi Hauhnar, Secretary to the Govt. of Mizoram, Social Welfare Department. The Mizoram Juvenile Justice (Care and Protection of Children) Rules, 2019 WHEREAS the Constitution has, in several provisions, including clauses (3) of article 15, article 21, article 21A, clauses (1) and (2) of article 22, articles 23 and 24, clauses (e) and (f) of article 39, article 39A, articles 45, 47 and 51A (k), impose on the State a primary resp onsibility of ensuring that all the needs of the children are met and that their basic rights are fully protecte d; AND WHEREAS, the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on the 20th November, 1989 and ratified by India on 11th December 1992, emphasizes conferment of rights on children, and reintegration of juvenile s and care and protection of vulnerable children, with a view to furthering their rights to survival, development , protection and participation; AND WHEREAS, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (the Beijing Rules) and the United Nations Rules for the P rotection of Juveniles deprived of their liberty (1990) set the minimum standard to be adhered to in the administration of juvenile justice in respect of juveniles in conflict with law; AND WHEREAS, the United Nations Guidelines for the Prevention o f Juvenile Delinquency (Riyadh Guidelines) and all other relevant international instruments fo cus on the prevention of juvenile delinquency and provide guidelines for it; AND WHEREAS, to give effect to the provisions of the Constituti on and relevant international instruments, the Juvenile Justice (Care and Protection of Children) Act, 201 5 was enacted to consolidate and amend the The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Tuesday 21.05.2019 V aisakha 31, S.E. 1941, Issue No. 324 Ex-324/2019 - 2 - - 3 - 2 (vi) “Community service” means service re ndered by children in conflict with law who are above the age of fourteen years and includes activities like maintaining a park, serving the elderly, helping at a local hospital or nursing home, serving disabled children, serving as traffic volunteers etc. (vii) “Form” means the forms annexed to these rules; (viii) “Home Study Report” means a report containing details of prospective adoptive parents or foster parents, and shall include social and economic status, family background, description of home and atmosphere, and health status; (ix) “individual care plan” is a comprehensive development plan for a child based on age and gender specific needs and case history of the child, prepared in consultation with the child, in order to restore the child’s self -esteem, dignity a nd self-worth and nurture him into a responsible citizen and accordingly the plan shall address the following, including but not limited to, needs of a child, namely: - (a) health and nutrition needs, including any special needs; (b) emotional and psychological needs; (c) educational and training needs; (d) leisure, creativity and play; (e) protection from all kinds of abuse, neglect and maltreatment; (f) restoration and follow up; (g) social mainstreaming; (h) life skill training. (x) “in country adoption” means adoption of a child by a citizen of India residing in India; (xi) “Medical Examination Report” means the report of a child given by a duly licensed physician; (xii) “Person -in -charge” means the Superintendent of the Home who isappointed for the control and management of the Child Care Institutions. (xiii) “POCSO” means the Protection of Children from Sexual Offences Act, 2012 (32 of 2012); (xiv) “rehabilitation -cum -placement officer” means an officer designated in every Child Care Institution for the purpose of rehabilitation of children; (xv) “Selection Committee” means a committee constituted by the State Government under rule 87 of these rules; 1 CHAPTER –I PRELIMINARY 1. Short title and commencement. – (1) These rules may be called the Mizoram Juvenile Justice (Care and Protection ofChildren ) Rules, 2019 . (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions. – (1) In these rules, unless the context otherwise requires, - (i) “Act” means the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016); (ii) “Authority” means the Central Adoption Resource Authority constituted under section 68 of the Act; (iii) “Case Worker”means a representative from a registered voluntary or non-governmental organization or an officer of Child Care Institution who shall accompany the child to the Board or the Committee and may perform such tasks as may be assigned to him by the Board or the Committee; (iv) “Child Adoption Resource Information and Guida nce System” means an online system for facilitating and monitoring the adoption programme; (v) “Child Study Report” means the report which contains details about the child, such as his date of birth and social background; law relating to children alleged and found to be in conflict wi th law and children in need of care and protection, by catering to their basic needs through proper car e, protection, development, treatment, social re-integration, by adopting a child friendly approach in the a djudication and disposition of matters in the best interest of children and for their rehabilitation through proce sses provided, and institutions and bodies established, herein under and for matters connected therewith o r incidental thereto. NOW, THEREFORE, with a view to provide for better implementatio n and administration of the provisions of the said Act in its true spirit and substance, the Governor of Mizoram in pursuance of the above said provisions and in exercise of the powers conferred by the provi so to sub-section (1) of section 110 of the Juvenile Justice (Care and Protection of Children) Act, 2015 an d in conformity with the rules framed by the Central Government under Notification No. G.S.R. 898 (E), dt.21 -9-2016, hereby makes the following rules and lays down the fundamental principles to be applied in admin istration of juvenile justice in the State of Mizoram, namely:- Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/200 Ex-324/2019 - 2 - - 3 - 2 (vi) “Community service” means service re ndered by children in conflict with law who are above the age of fourteen years and includes activities like maintaining a park, serving the elderly, helping at a local hospital or nursing home, serving disabled children, serving as traffic volunteers etc. (vii) “Form” means the forms annexed to these rules; (viii) “Home Study Report” means a report containing details of prospective adoptive parents or foster parents, and shall include social and economic status, family background, description of home and atmosphere, and health status; (ix) “individual care plan” is a comprehensive development plan for a child based on age and gender specific needs and case history of the child, prepared in consultation with the child, in order to restore the child’s self -esteem, dignity a nd self-worth and nurture him into a responsible citizen and accordingly the plan shall address the following, including but not limited to, needs of a child, namely: - (a) health and nutrition needs, including any special needs; (b) emotional and psychological needs; (c) educational and training needs; (d) leisure, creativity and play; (e) protection from all kinds of abuse, neglect and maltreatment; (f) restoration and follow up; (g) social mainstreaming; (h) life skill training. (x) “in country adoption” means adoption of a child by a citizen of India residing in India; (xi) “Medical Examination Report” means the report of a child given by a duly licensed physician; (xii) “Person -in -charge” means the Superintendent of the Home who isappointed for the control and management of the Child Care Institutions. (xiii) “POCSO” means the Protection of Children from Sexual Offences Act, 2012 (32 of 2012); (xiv) “rehabilitation -cum -placement officer” means an officer designated in every Child Care Institution for the purpose of rehabilitation of children; (xv) “Selection Committee” means a committee constituted by the State Government under rule 87 of these rules; Ex-324/2019 - 4 - - 5 - 3 (xvi) “social background report” means the report of a child in conflict with law containing the background of the child prepared by the Child Welfare Police Officer; (xvii) “social investigation report” means the report of a child containing detailed information pertaining to the circumstances of the child, the situation of the child on economic, social, psycho- social and other relevant factors, and the recommendation thereon; (xviii) “Social worker” means a person with post graduate degree in Social Work or Sociology or Psychology or Child Development or a graduate with minimum seven years of experience in child education and de velopment or protection issues, engaged by a Child Care Institution or authorized by District Child Protection Unit or State Child Protection Society or State Adoption Resource Agency or Central Adoption Resource Authority or engaged for the Post of Social Worker in District Child Protection Unit and Specialized Adoption Agency for preparing social investigation report or individual care plan of the child, child study report, home study report of prospective adoptive parent or foster parents, rendering post -adoption services, and performing any other functions as assigned to such person under the Act or these rules; Explanation: For the purpose s of this definition, it is clarified that the qualifications of the social worker member of the Board shall be as under section 4 of the Act. (xix) “special educator” shall have the same meaning as assigned to it in the Protection of Children from Sexual Offences Rules, 2012; (xx) “State Child Protection Society” means a society constituted under section 106 of the Act; (xxi) “Operational Manual” means operational manual for child care institution under ICPS in the state of Mizoram. (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. 4 CHAPTER – II JUVENILE JUSTICE BOARD 3. Board. -There shall be one or more Boards in each district to be constituted by the State Government through a notification in the Official Gazette. 4. Composition of the Board .– (1) The Board shall consist of a Metropolitan Magistr ate or a Judicial Magistrate of First Class having at least three yearsexperience to be designated as the 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 State Government on the recommendations of the Selection Committee constituted under these rules. (3) The social worker member s shall not be less than thirty -five years of age and shall have at least three years of experience of working with children in the field of education, health, or welfare activities, or should be a practicing professional with a deg ree in child psychology or psychiatry or social work or education or sociology or in the field of law. (4) As far as possible, the two social worker members so selected for a Board shall be from different fields. (5) All members of the Board including the Principal Magistrateshall be given induction training and sensitization within a period of sixty days from the date of appointment. 5. Term of Members of the Board. – (1) The term of the social worker member of the Board shall not be more than for a period of three years from the date of appointment. (2) A social worker member of the Board shall be eligible for appointment of two consecutive terms, after which, it shal l not be ordinarily continuous. (3) The members may resign at any time, by giving one month's notice in writing to the State Government. (4) Any vacancy in the Board shall be filled by appointment of another person from the panel of names prepared by the Selectio n Committee. (5) The Board may automatically continue after the completion of its tenure if a new Board is not constituted for any reason thereof. Ex-324/2019 - 4 - - 5 - 4 CHAPTER –II JUVENILE JUSTICE BOARD 3. Board. -There shall be one or more Boards in each district to be constituted by the State Government through a notification in the Official Gazette. 4. Composition of the Board .– (1) The Board shall consist of a Metropolitan Magistr ate or a Judicial Magistrate of First Class having at least three yearsexperience to be designated as the 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 State Government on the recommendations of the Selection Committee constituted under these rules. (3) The social worker member s shall not be less than thirty -five years of age and shall have at least three years of experience of working with children in the field of education, health, or welfare activities, or should be a practicing professional with a deg ree in child psychology or psychiatry or social work or education or sociology or in the field of law. (4) As far as possible, the two social worker members so selected for a Board shall be from different fields. (5) All members of the Board including the Principal Magistrateshall be given induction training and sensitization within a period of sixty days from the date of appointment. 5. Term of Members of the Board. – (1) The term of the social worker member of the Board shall not be more than for a period of three years from the date of appointment. (2) A social worker member of the Board shall be eligible for appointment of two consecutive terms, after which, it shal l not be ordinarily continuous. (3) The members may resign at any time, by giving one month's notice in writing to the State Government. (4) Any vacancy in the Board shall be filled by appointment of another person from the panel of names prepared by the Selectio n Committee. (5) The Board may automatically continue after the completion of its tenure if a new Board is not constituted for any reason thereof. Ex-324/2019 - 6 - - 7 - 5 6.Sittings of the Board. – ( 1) The Board shall hold its sittings in the premises of an observation home or at a place in proximity to the observation home or, at asuitable premises in any Child Care Institution meant for children in conflict with law run under the Act, and in no circum stances shall the Board operate from within any court or jail premises. (2) The Board shall ensure that no person(s) un- connected with the case remains present in the room when the case is in progress. (3) The Board shall ensure that only those person(s), in the presence of whom the child feels comfortable, are allowed to remain present during the sitting. (4) The Board shall hold its sittings in a child -friendly premises which shall not look like a court room in any manner and the sitting arrangement should be such asto enable the Board to interact with the child face to face. (5) While communicating with the child, the Board shall use child friendly techniques through its conduct and shall adopt a child friendly attitude with regard to body language, facial expressio n, eye contact, intonation and volume of voice while addressing the child. (6) The Board shall not sit on a raised platform and there shall be no barriers, such as witness boxes or bars between the Board and the child. (7) The Board shall sit on all working days for a minimum of six hours commensurate with the working hours of a Magistrate Court, unless the case pendency is less in a particular district and the State Government issues an order in this regard, or the State Government may, by notification in the Of ficial Gazette constitute more than one Board in a district after giving due consideration to the pendency of the cases, area or terrain of the district, population density or any other consideration. (8) When the Board is not sitting, a child in conflict with law may be produced before an individual member of the Board. For the said purpose, one member of the Board shall always be available or accessible to take cognizance of any matter of emergency and necessary directions required to deal with the emerge ncy situation shall be given by such member to the Special Juvenile Police Unit or the local police of the district. The Principal Magistrate shall draw up a monthly duty roster of the members who shall be so available and accessible every day, including on Sundays and holidays. The roster shall be circulated in advance to all the police stations, the Chief Judicial Magistrate/ Chief Metropolitan Magistrate, the District Judge, the District Magistrate, the Committees, the District Child Protection Unit and the Special Juvenile Police Unit. 6 (9) The Principal Magistrate and social worker members of the Board shal l be paid not less than Rs. 3000 /- & 1500/ -respectively, per sitting which shall include sitting allowance, travel allowance and any other allowance, as the State Government may prescribe. (10) The Board shall be provided infrastructure and staff bythe State Government. 7. Functions of the Board. – (1) The Board shall perform the following additional functions, namely: (i) Whenever necessary, the Board shall provide a translator or interpreter or special educator who shall be paid not less than Rs.1500 per day and in case of translator, not exceeding Rs.100 per page. For the said purpose, the District Child Protection Unit shall maintain a panel of translators, interpreters and special educators who shall forward the same to the Board, the qualifications of the translator, interpreter and special educator shall be as prescribed under the POCSO Act, 2012 and rules framed thereunder; (ii) wherever required issue rehabilitation card in Form 14 to the child in conflictwith law to monitor the progress made by the child; (iii) wherever required, pass appropriate orders for re- admission or continuation of the child in school where the child has been disallowed from continuing his education in a school on account of the pendency of the inquiry or the child having stayed in a Child Care Institution for any length of time; (iv) interact with Boards in other districts to facilitate speedy inquiry and disposal of cases through due process of law, including sending a child for the purpose of an inquiry or rehabilitation to a Board in anothe r district or State; (v) inspect Child Care Institutions for children in conflict with law, issue directions in cases of any noticeable lapses, suggest improvements, seek compliance and recommend suitable action, including against any employee found in dereliction of duty to the District Child Protection Unit; (vi) maintain a suggestion box or grievance redressal box in the premises of the Board at a prominent place to encourage inputs from children and adults alike which shall be operated by the nominee of the Principal Magistrate; (vii) ensure smooth functioning of Children’s Committees in the Child Care Institutions for children in conflict with law, for realising children’s participation in the affairs and management of such Child Care Institutions; (viii) review the Children's suggestion book at least once in a month; Ex-324/2019 - 6 - - 7 - 6 (9) ThePrincipal Magistrate and social worker members of the Board shal l be paid not less than Rs. 3000 /- & 1500/ -respectively, per sitting which shall include sitting allowance, travel allowance and any other allowance, as the State Government may prescribe. (10) The Board shall be provided infrastructure and staff bythe State Government. 7. Functions of the Board. – (1) The Board shall perform the following additional functions, namely: (i) Whenever necessary, the Board shall provide a translator or interpreter or special educator who shall be paid not less than Rs.1500 per day and in case of translator, not exceeding Rs.100 per page. For the said purpose, the District Child Protection Unit shall maintain a panel of translators, interpreters and special educators who shall forward the same to the Board, the qualifications of the translator, interpreter and special educator shall be as prescribed under the POCSO Act, 2012 and rules framed thereunder; (ii) wherever required issue rehabilitation card in Form 14 to the child in conflictwith law to monitor the progress made by the child; (iii) wherever required, pass appropriate orders for re- admission or continuation of the child in school where the child has been disallowed from continuing his education in a school on account of the pendency of the inquiry or the child having stayed in a Child Care Institution for any length of time; (iv) interact with Boards in other districts to facilitate speedy inquiry and disposal of cases through due process of law, including sending a child for the purpose of an inquiry or rehabilitation to a Board in anothe r district or State; (v) inspect Child Care Institutions for children in conflict with law, issue directions in cases of any noticeable lapses, suggest improvements, seek compliance and recommend suitable action, including against any employee found in dereliction of duty to the District Child Protection Unit; (vi) maintain a suggestion box or grievance redressal box in the premises of the Board at a prominent place to encourage inputs from children and adults alike which shall be operated by the nominee of the Principal Magistrate; (vii) ensure smooth functioning of Children’s Committees in the Child Care Institutions for children in conflict with law, for realising children’s participation in the affairs and management of such Child Care Institutions; (viii) review the Children's suggestion book at least once in a month; Ex-324/2019 - 8 - - 9 - 7 (ix) ensure that the Legal cum Probation Officer in the District Child Protection Unit and the State or District Legal Aid Services Authority extends free legal services to a child; and (x) deploy, if necessary, the services of student volunteers or non- governmental organisation volunteers for para- legal and other tasks such as contacting the parents of child in conflict with law and collecting relevant social and rehabilitative information about the child. CHAPTER III PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAW 8. Pre-Production action of Police and other Agencies. – ( 1) No First Information Report shall be registered except where a heinous offence is alleged to have been committed by the child, or when such offence is alleged to have been committed jointly with adults. In all other matters, the Special Juvenile Police Unit or the Child Welfare Police Officer shall record the information regarding t he offence alleged to have been committed by the child in the general daily diary followed by a social background report of the child in Form 1 and circumstances under which the child was apprehended, wherever applicable, and forward it to the Board before the first hearing: Provided that the power to apprehend shall only be exercised with regard to heinous offences, unless it is in the best interest of the child. For all other cases involving petty and serious offences and cases where apprehending the child is not necessary in the interest of the child, the police or Special Juvenile Police Unit or Child Welfare Police Officer shall forward the information regarding the nature of offence alleged to be committed by the child along with his social background report in Form 1to the Board and intimate the parents or guardian of the child as to when the child is to be produced for hearing before the Board. (2) When a child alleged to be in conflict with law is apprehended by the police, the police offi cer concerned shall place the child under the charge of the Special Juvenile Police Unit or the Child Welfare Police Officer, who shall immediately inform: (i) the parents or guardian of the child that the child has been apprehended along with the address of the Board where the child will be produced and the date and time when the parents or guardian need to be present before the Board; 8 (ii) the Probation Officer concerned, that the childhas been apprehended so as to enable him to obtain information regarding soc ial background of the child and other material circumstances likely to be of assistance to the Board for conducting the inquiry; and (iii) a Legal cum Probation Officer/ S ocial Worker/Child Welfare Officer or a Case Worker, to accompany the Special Juvenile Police Unit or Child Welfare Police Officer while producing the child before the Board within twenty -four hours of his apprehension. ( 3) The police officer apprehending a child alleged to be in conflict with law shall: (i) Notsend the child to a police lock- up and not delay the child being transferred to the Child Welfare Police Officer from the nearest police station. The police officer may under sub- section (2) of section 12 of the Act send the person apprehended to an obser vation home only for such period till he is produced before the Board i.e. within twenty -four hours of his being apprehended and appropriate orders are obtained as per rule 9 of these rules; (ii) not hand- cuff, chain or otherwise fetter a child and shall not use any coercion or force on the child; (iii) inform the child promptly and directly of the charges levelled against him through his parent or guardian and if a First Information Report is registered, copy of the same shall be made available to the child or copy of the police report shall be given to the parent or guardian; (iv) provide appropriate medical assistance, assistance of interpreter or a special educator, or any other assistance which the child may require, as the case may be; (v) not compel the child to conf ess his guilt and he shall be interviewed only at the Special Juvenile Police Unit or at a child -friendly premises or at a child friendly corner in the police station, which does not give the feel of a police station or of being under custodial interrogati on. The parent or guardian, may be present during the interview of the child by the police; (vi) not ask the child to sign any statement; and (vii) i nform the District Legal Services Authority for providing free legal aid to the child. (4) The Child Welfare Police Officer shall be in plain clothes and not in uniform. Ex-324/2019 - 8 - - 9 - 8 (ii) the Probation Officer concerned, that the childhas been apprehended so as to enable him to obtain information regarding soc ial background of the child and other material circumstances likely to be of assistance to the Board for conducting the inquiry; and (iii) a Legal cum Probation Officer/ S ocial Worker/Child Welfare Officer or a Case Worker, to accompany the Special Juvenile Police Unit or Child Welfare Police Officer while producing the child before the Board within twenty -four hours of his apprehension. ( 3) The police officer apprehending a child alleged to be in conflict with law shall: (i) Notsend the child to a police lock- up and not delay the child being transferred to the Child Welfare Police Officer from the nearest police station. The police officer may under sub- section (2) of section 12 of the Act send the person apprehended to an obser vation home only for such period till he is produced before the Board i.e. within twenty -four hours of his being apprehended and appropriate orders are obtained as per rule 9 of these rules; (ii) not hand- cuff, chain or otherwise fetter a child and shall not use any coercion or force on the child; (iii) inform the child promptly and directly of the charges levelled against him through his parent or guardian and if a First Information Report is registered, copy of the same shall be made available to the child or copy of the police report shall be given to the parent or guardian; (iv) provide appropriate medical assistance, assistance of interpreter or a special educator, or any other assistance which the child may require, as the case may be; (v) not compel the child to conf ess his guilt and he shall be interviewed only at the Special Juvenile Police Unit or at a child -friendly premises or at a child friendly corner in the police station, which does not give the feel of a police station or of being under custodial interrogati on. The parent or guardian, may be present during the interview of the child by the police; (vi) not ask the child to sign any statement; and (vii) i nform the District Legal Services Authority for providing free legal aid to the child. (4) The Child Welfare Police Officer shall be in plain clothes and not in uniform. Ex-324/2019 - 10 - - 11 - 9 (5) The Child Welfare Police Officer shall record the social background of the child and circumstances of apprehending in every case of alleged involvement of the child in an offen ce in Form 1 which shall be forwarded to the Board forthwith. For gathering the best available information, it shall be necessary upon the Special Juvenile Police Unit or the Child Welfare Police Officer to contact the parent or guardian of the child. (6) A l ist of all designated Child Welfare Police Officers, Child Welfare Officers, Probation Officers, Para Legal Volunteers, District Legal Services Authorities and registered voluntary and non- governmental organisations in a district, Principal Magistrate and members of the Board, members of Special Juvenile Police Unit and Childline Services with contact details shall be prominently displayed in every police station. (7) When the child is released in a case where apprehending of the child is not warranted, the pa rents or guardians or a fit person in whose custody the child alleged to be in conflict with law is placed in the best interest of the child, shall furnish an undertaking on a non- judicial paper in Form 2 to ensure their presence on the dates during inquiry or proceedings before the Board. (8) The State Government shall maintain a panel of voluntary or non- governmental organisations or persons who are in a position to provide the services of probation, counselling, case work and also associate with the Police or Special Juvenile Police Unit or the Child Welfare Police Officer, and have the requisite expertise to assist in physical production of the child before the Board within twenty -four hours and during pendency of the proceedings and the panel of such voluntary or non- governmental organisations or persons shall be forwarded to the Board. (9) The State Government shall provide funds to the police or Special Juvenile Police Unit or the Child Welfare Police Officer or Case Worker or person for the safety and prote ction of children and provision of food and basic amenities including travel cost and emergency medical care to the child apprehended or kept under their charge during the period such children are with them. 9. Production of the child alleged to be in conflict with law before the Board. - (1) When the child alleged to be in conflict with law is apprehended, he shall be produced before the Board within twenty- four hours of his being apprehended, along with a report explaining the reasons for the child being apprehended by the police. 10 (2) On production of the child before the Board, the Board may pass orders as deemed necessary, including sending the child to an observation home or a place of safety or a fit facility or a fit person. (3) Where the child produced before the Board is covered under section 83 of the Act, including a child who has surrendered, the Board may, after due inquiry and being satisfied of the circumstances of the child, transfer the child to the Committee as a child in need of care and prote ction for necessary action, and or pass appropriate directions for rehabilitation, including orders for safe custody and protection of the child and transfer to a fit facility recognised for the purpose which shall have the capacity to provide appropriate protection, and consider transferring the child out of the district or out of the State to another State for the protection and safety of the child. (4) Where the child alleged to be in conflict with law has not been apprehended and the information in this regard is forwarded by the police or Special Juvenile Police Unit or Child Welfare Police Officer to the Board, the Board shall require the child to app ear before it at the earliest so that measures for rehabilitation, where necessary, can be initiated, though the final report may be filed subsequently. (5) In case the Board is not sitting, the child alleged to be in conflict with law shall be produced befor e a single member of the Board under sub- section (2) of section 7 of the Act. (6) In case the child alleged to be in conflict with law cannot be produced before the Board or even a single member of the Board due to child being apprehended during odd hours or distance, the child shall be kept by the Child Welfare Police Officer in the Observation Home in accordance with rule69 D of these rules or in a fit facility and the child shall be produced before the Board thereafter, within twenty -four hours of apprehending the child. (7) When a child is produced before an individual member of the Board, and an order is obtained, such order shall be ratified by the Board in its next meeting. 10. Post-production processes by the Board. – ( 1) On production of the child before the Board, the report containing the social background of the child, circumstances of apprehending the child and offence alleged to have been committed by the child as provided by the officers, individuals, agencies produc ing the child shall be reviewed by the Board and the Board may pass such orders in relation to the child as it deems fit, including orders under sections 17 and 18 of the Act, namely: Ex-324/2019 - 10 - - 11 - 10 (2) On production of the child before the Board, the Board may pass orders as deemed necessary, including sending the child to an observation home or a place of safety or a fit facility or a fit person. (3) Where the child produced before the Board is covered under section 83 of the Act, including a child who has surrendered, the Board may, after due inquiry and being satisfied of the circumstances of the child, transfer the child to the Committee as a child in need of care and prote ction for necessary action, and or pass appropriate directions for rehabilitation, including orders for safe custody and protection of the child and transfer to a fit facility recognised for the purpose which shall have the capacity to provide appropriate protection, and consider transferring the child out of the district or out of the State to another State for the protection and safety of the child. (4) Where the child alleged to be in conflict with law has not been apprehended and the information in this regard is forwarded by the police or Special Juvenile Police Unit or Child Welfare Police Officer to the Board, the Board shall require the child to app ear before it at the earliest so that measures for rehabilitation, where necessary, can be initiated, though the final report may be filed subsequently. (5) In case the Board is not sitting, the child alleged to be in conflict with law shall be produced befor e a single member of the Board under sub- section (2) of section 7 of the Act. (6) In case the child alleged to be in conflict with law cannot be produced before the Board or even a single member of the Board due to child being apprehended during odd hours or distance, the child shall be kept by the Child Welfare Police Officer in the Observation Home in accordance with rule69 D of these rules or in a fit facility and the child shall be produced before the Board thereafter, within twenty -four hours of apprehending the child. (7) When a child is produced before an individual member of the Board, and an order is obtained, such order shall be ratified by the Board in its next meeting. 10. Post-production processes by the Board. – ( 1) On production of the child before the Board, the report containing the social background of the child, circumstances of apprehending the child and offence alleged to have been committed by the child as provided by the officers, individuals, agencies produc ing the child shall be reviewed by the Board and the Board may pass such orders in relation to the child as it deems fit, including orders under sections 17 and 18 of the Act, namely: Ex-324/2019 - 12 - - 13 - 11 (i) disposing of the case, if on the consideration of the documents and record submitted at the time of his first appearance, his being in conflict with law appears to be unfounded or where the child is alleged to be involved in petty offences; (ii) referring the child to the Committee where it appears to the Board that the child is in need of care and protection; (iii) releasing the child in the supervision or custody of fit persons or fit institutions or Probation Officers as the case may be, through an order in Form 3, with a direction to appear or present a child for an inquiry on the next date; and (iv) directing the child to be kept in the Child Care Institution, as appropriate, if necessary, pending inquiry as per order in Form 4. (2) In all cases of release pending inquiry, the Board shall notify the next date of hearing, not later than fif teen days of the first summary inquiry and also seek social investigation report from the Probation Officer, or in case a Probation Officer is not available the Child Welfare Officer or social worker concerned through an order in Form 5. (3) When the child alleged to be in conflict with law, after being admitted to bail, fails to appear before the Board, on the date fixed for hearing, and no application is moved for exemption on his behalf or there is not sufficient reason for granting him exemption, the Board shall, issue to the Child Welfare Police Officer and the Person -in -charge of the Police Station directions for the production of the child. (4) If the Child Welfare Police Officer fails to produce the child before the Board even after the issuance of the dir ections for production of the child, the Board shall instead of issuing process under section 82 of the Code of Criminal Procedure, 1973 pass orders as appropriate under section 26 of the Act. (5) In cases of heinous offences alleged to have been committed by a child, who has completed the age of sixteen years, the Child Welfare Police Officer shall produce the statement of witnesses recorded by him and other documents prepared during the course of investigation within a period of one month from the date of fi rst production of the child before the Board, a copy of which shall also be given to the child or parent or guardian of the child. (6) In cases of petty or serious offences, the final report shall be filed before the Board at the earliest and in any case not beyond the period of two months from the date of information to the police, except in those cases where it was not reasonably known that the person involved in the offence was a child, in which case extension of time may be granted by the Board for filing the final report. 12 (7) When witnesses are produced for examination in an inquiry relating to a child alleged to be in conflict with law, the Board shall ensure that the inquiry is not conducted in the spirit of strict adversarial proceedings and it shall use t he powers conferred by section 165 of the Indian Evidence Act, 1872 (1 of 1872) so as to interrogate the child and proceed with the presumptions in favour of the child. (8) While examining a child alleged to be in conflict with law and recording his statement during the inquiry under section 14 of the Act, the Board shall address the child in a child- friendly manner in order to put the child at ease and to encourage him to st ate the facts and circumstances without any fear, not only in respect of the offence which has been alleged against the child, but also in respect of the home and social surroundings, and the influence or the offences to which the child might have been sub jected to. (9) The Board shall take into account the report containing circumstances of apprehending the child and the offence alleged to have been committed by him and the social investigation report in Form 6 prepared by the Probation Officer or the volunta ry or non-governmental organisation, along with the evidence produced by the parties for arriving at a conclusion. 10A .Preliminary assessment into heinous offences by Board.– ( 1) The Board shall in the first instance determine whether the child is of sixteen years of age or above; if not, it shall proceed as per provisions of section 14 of the Act. (2) For the purpose of conducting a preliminary assessment in case of heinous offences, the Board may take the assistance of psychologists or psycho -social workers or other experts who have experience of working with children in difficult circumstances. A panel of such experts may be made available by the District Child Protection Unit, whose assistance can be taken by the Board or could be accessed independently. (3) While making the preliminary assessment, the child shall be presumed to be innocent unless proved otherwise. (4) Where the Board, after preliminary assessment under section 15 of the Act, passes an order that there is a need for trial of the said child as an adult, it shall assign reasons for the same and the copy of the order shall be provided to the child forthwith. Ex-324/2019 - 12 - - 13 - 12 (7) When witnesses are produced for examination in an inquiry relating to a child alleged to be in conflict with law, the Board shall ensure that the inquiry is not conducted in the spirit of strict adversarial proceedings and it shall use t he powers conferred by section 165 of the Indian Evidence Act, 1872 (1 of 1872) so as to interrogate the child and proceed with the presumptions in favour of the child. (8) While examining a child alleged to be in conflict with law and recording his statement during the inquiry under section 14 of the Act, the Board shall address the child in a child- friendly manner in order to put the child at ease and to encourage him to st ate the facts and circumstances without any fear, not only in respect of the offence which has been alleged against the child, but also in respect of the home and social surroundings, and the influence or the offences to which the child might have been sub jected to. (9) The Board shall take into account the report containing circumstances of apprehending the child and the offence alleged to have been committed by him and the social investigation report in Form 6 prepared by the Probation Officer or the volunta ry or non-governmental organisation, along with the evidence produced by the parties for arriving at a conclusion. 10A .Preliminary assessment into heinous offences by Board.– ( 1) The Board shall in the first instance determine whether the child is of sixteen years of age or above; if not, it shall proceed as per provisions of section 14 of the Act. (2) For the purpose of conducting a preliminary assessment in case of heinous offences, the Board may take the assistance of psychologists or psycho -social workers or other experts who have experience of working with children in difficult circumstances. A panel of such experts may be made available by the District Child Protection Unit, whose assistance can be taken by the Board or could be accessed independently. (3) While making the preliminary assessment, the child shall be presumed to be innocent unless proved otherwise. (4) Where the Board, after preliminary assessment under section 15 of the Act, passes an order that there is a need for trial of the said child as an adult, it shall assign reasons for the same and the copy of the order shall be provided to the child forthwith. Ex-324/2019 - 14 - - 15 - 13 11.Completion of Inquiry. – (1) Where after preliminary assessment under section 15 of the Act, in cases of heinous offences allegedly committed by a child, the Board decides to dispose of the matter, the Board may pass any of the dispositional orders as specified in section 18 of the Act. (2) Before passing an order, the Board shall obtain a social investigation report in Form 6 prepared by the Probation Officer or Child Welfare Officer or social worker as ordered, and take the findings of the report into account. (3) All dispositional orders passed by the Board shall necessarily include an individual care plan in Form 7 for the child in conflict with law concerned, prepared by a Probation Officer or Child Welfare Officer or a recognised voluntary organisation on the ba sis of interaction with the child and his family, where possible. (4) Where the Board is satisfied that it is neither in the interest of the child himself nor in the interest of other children to keep a child in the special home, the Board may order the child to be kept in a place of safety and in a manner considered appropriate by it. (5) Where the Board decides to release the child after advice or admonition or after participation in group counselling or orders him to perform community service, necessary direct ion may also be issued by the Board to the District Child Protection Unit for arranging such counselling and community service using Form 47or Form 48 . (6) Where the Board decides to release the child in conflict with law on probation and place him under the care of the parent or the guardian or fit person, the person in whose custody the child is released may be required to submit a written undertaking in Form 8for good behavior and well -being of the child for a maximum period of three years. (7) The Board may order the release of a child in conflict with law on execution of a perso nal bond without surety in Form 9. (8) In the event of placement of the child in a fit facility or special home through an order in Form 49, the Board shall consider that the fit facility or special home is located nearest to the place of residence of the child’s parent or guardian, except where it is not in the best interest of the child to do so. (9) The Board, where it releases a child on pro bation and places him under the care of parent or guardian or fit person or where the child is released on probation and placed under the care of fit facility, it may also order that the child be placed under the supervision of a Probation Officer who shal l submit periodic reports in Form 10and the period of such supervision shall be maximum of three years. 14 (10) Where it appears to the Board that the child has not complied with the probation conditions, it may order the child to be produced before it and may s end the child to a special home or place of safety for the remaining period of supervision. (11) In no case, the period of stay in the special home or the place of safety shall exceed the maximum period provided in clause (g) of sub- section (1) of section 18 of the Act. 12. Pendency of Inquiry. – (1) For the purpose of sub- section (3) of section 16 of the Act, the Board shall maintain a 'Case Monitoring Sheet' of every case and every child in Form 11. The said Formshall be kept at the top of each case file and shall be updated from time to time. The f ollowing points shall be considered so far as ‘progress of inquiry’ mentioned in Form 11is concerned: (i) time schedule for disposal of the case shall be fixed on the first date of hearing; (ii) scheduled date given in column No. (2) of ‘progress of inquiry' shal l be the outer limit within which the steps indicated in column (1) are to be completed. (2) The Board shall submit a quarterly report in Form 12about the pendency of the cases, visits to Homes etc.to the following: (i) Chief Judicial Magistrate or Chief Metropolitan Magistrate; (ii) District Magistrate. (iii) Concerned State Government Department dealing with the implementation of ICPS under JJ Act. (3) The District Judge shall conduct an inspectio n of the Board once every quarterand appraise the performance of the m embers of the Board on the basis of their participation in the proceedings of the Board and submit a report to the Selection Committee andConcerned State Government Department dealing with the implementation of ICPS under JJ Act. 13. Procedure in relation to Children’s Court and Monitoring Authorities. - (1) Upon receipt of preliminary assessment from the Board the Children’s Court may decide whether there is need for trial of the child as an adult or as a child and pass appropriate orders. (2) Where an appeal has been filed under sub -section (1) of section 101 of the Act against the order of the Board declaring the age of the child, the Children’s Court shall first decide the said appeal. Ex-324/2019 - 14 - - 15 - 14 (10) Where it appears to the Board that the child has not complied with the probation conditions, it may order the child to be produced before it and may s end the child to a special home or place of safety for the remaining period of supervision. (11) In no case, the period of stay in the special home or the place of safety shall exceed the maximum period provided in clause (g) of sub- section (1) of section 18 of the Act. 12. Pendency of Inquiry. – (1) For the purpose of sub- section (3) of section 16 of the Act, the Board shall maintain a 'Case Monitoring Sheet' of every case and every child in Form 11. The said Formshall be kept at the top of each case file and shall be updated from time to time. The f ollowing points shall be considered so far as ‘progress of inquiry’ mentioned in Form 11is concerned: (i) time schedule for disposal of the case shall be fixed on the first date of hearing; (ii) scheduled date given in column No. (2) of ‘progress of inquiry' shal l be the outer limit within which the steps indicated in column (1) are to be completed. (2) The Board shall submit a quarterly report in Form 12about the pendency of the cases, visits to Homes etc.to the following: (i) Chief Judicial Magistrate or Chief Metropolitan Magistrate; (ii) District Magistrate. (iii) Concerned State Government Department dealing with the implementation of ICPS under JJ Act. (3) The District Judge shall conduct an inspectio n of the Board once every quarterand appraise the performance of the m embers of the Board on the basis of their participation in the proceedings of the Board and submit a report to the Selection Committee andConcerned State Government Department dealing with the implementation of ICPS under JJ Act. 13. Procedure in relation to Children’s Court and Monitoring Authorities. - (1) Upon receipt of preliminary assessment from the Board the Children’s Court may decide whether there is need for trial of the child as an adult or as a child and pass appropriate orders. (2) Where an appeal has been filed under sub -section (1) of section 101 of the Act against the order of the Board declaring the age of the child, the Children’s Court shall first decide the said appeal. Ex-324/2019 - 16 - - 17 - 15 (3) Where an appeal has been filed under sub-section (2) of section 101 of the Act against the finding of the preliminary assessment done by the Board, the Children’s Court shall first decide the appeal. (4) Where the appeal under sub -section (2) of section 101 of the Act is disposed of by the Children’s Court on a finding that there is no need for trial of the child as an adult, it shall dispose of the same as per section 19 of the Act and these rules. (5) Where the appeal under sub -section (2) of section 101 of the Act is disposed of by the Children’s Court on a find ing that the child should be tried as an adult the Children’s Court shall call for the file of the case from the Board and dispose of the matter as per the provisions of the Act and these rules. (6) The Children’s Court shall record its reasons while arriving at a conclusion whether the child is to be treated as an adult or as a child. (7) Where the Children’s Court decides that there is no need for trial of the child as an adult, and that it shall decide the matter itself: (i) It may conduct the inquiry as if it were functioning as a Board and dispose of the matter in accordance with the provisions of the Act and these rules. (ii) The Children’s Court, while conducting the inquiry shall follow the procedure for trial in summons case under the Code of Criminal Procedure, 1973. (iii) The proceedings shall be conducted in camera and in a child friendly atmosphere, and there shall be no joint trial of a child alleged to be in conflict with law, with a person who is not a child. (iv) When witnesses are produced for examination the Children’s Court shall ensure that the inquiry is not conducted in the spirit of strict adversarial proceedings and it shall use the powers conferred by section 165 of the Indian Evidence Act, 1872 (1 of 1872). (v) While examining a child in conflict with law and recording his statement, the Children’s Court shall address the child in a child- friendly manner in order to put the child at ease and to encourage him to state the facts and circumstances without any fear, not only in respect of the offence which is alleged against the child, but also in respect of the home and social surroundings and the influence to which the chil d might have been subjected. (vi) The dispositional order passed by the Children’s Court shall necessarily include an individual care plan in Form 7 for the child in conflict with law concerned, prepared 16 by a Probation Officer or Child Welfare Officer or recog nized voluntaryorganisation on the basis of interaction with the child and his family, where possible. (vii) The Children’s Court, in such cases, may pass any orders as provided in sub- sections (1) and (2) of section 18 of the Act. (8) Where the Children’s Court decides that there is a need for trial of the child as an adult: (i) It shall follow the procedure prescribed by the Code of Criminal Procedure, 1973 of trial by sessions and maintaining a child friendly atmosphere. (ii) The final order passed by the Children’s C ourt shall necessarily include an individual care plan for the child as per Form 7prepared by a Probation Officer or Child Welfare Officer or recognized voluntary organisation on the basis of interaction with the child and his family, where possible. (iii) Whe re the child has been found to be involved in the offence, the child may be sent to a place of safety till the age of twenty -one years. (iv) While the child remains at the place of safety, there shall be yearly review by the Probation Officer or the District Child Protection Unit or a social worker in Form 13 to evaluate the progress of the child and the reports shall be forwarded to the Childr en’s Court. (v) The Children’s Court may also direct the child to be produced before it periodically and at least once every three months for the purpose of assessing the progress made by the child and the facilities provided by the institution for the implem entation of the individual care plan. (vi) When the child attains the age of twenty -one years and is yet to complete the term of stay, the Children’s Court shall: (a) Interact with the child in order to evaluate whether the child has undergone reformative changes and if the child can be a contributing member of the society. (b) take into account the periodic reports of the progress of the child, prepared by the Probation Officer or the District Child Protection Unit or a social worker, if needed and further direct th at institutional mechanism if inadequate be strengthened. (c) After making the evaluation, the Children’s Court may decide to: (ca) release the child forthwith; Ex-324/2019 - 16 - - 17 - 16 by a Probation Officer or Child Welfare Officer or recognized voluntaryorganisation on the basis of interaction with the child and his family, where possible. (vii) The Children’s Court, in such cases, may pass any orders as provided in sub- sections (1) and (2) of section 18 of the Act. (8) Where the Children’s Court decides that there is a need for trial of the child as an adult: (i) It shall follow the procedure prescribed by the Code of Criminal Procedure, 1973 of trial by sessions and maintaining a child friendly atmosphere. (ii) The final order passed by the Children’s C ourt shall necessarily include an individual care plan for the child as per Form 7prepared by a Probation Officer or Child Welfare Officer or recognized voluntary organisation on the basis of interaction with the child and his family, where possible. (iii) Whe re the child has been found to be involved in the offence, the child may be sent to a place of safety till the age of twenty -one years. (iv) While the child remains at the place of safety, there shall be yearly review by the Probation Officer or the District Child Protection Unit or a social worker in Form 13 to evaluate the progress of the child and the reports shall be forwarded to the Childr en’s Court. (v) The Children’s Court may also direct the child to be produced before it periodically and at least once every three months for the purpose of assessing the progress made by the child and the facilities provided by the institution for the implem entation of the individual care plan. (vi) When the child attains the age of twenty -one years and is yet to complete the term of stay, the Children’s Court shall: (a) Interact with the child in order to evaluate whether the child has undergone reformative changes and if the child can be a contributing member of the society. (b) take into account the periodic reports of the progress of the child, prepared by the Probation Officer or the District Child Protection Unit or a social worker, if needed and further direct th at institutional mechanism if inadequate be strengthened. (c) After making the evaluation, the Children’s Court may decide to: (ca) release the child forthwith; Ex-324/2019 - 18 - - 19 - 17 (cb)release the child on execution of a personal bond with or without sureties for good behaviour; (cc) release the child and issue directions regarding education, vocational training, apprenticeship, employment, counselling and other therapeutic interventions with a view to promoting adaptive and positive behaviour etc.; (cd) release the child and appoint a monitoring authority for the remainder of the prescribed term of stay. The monitoring authority, where appointed shall maintain a Rehabilitation Card for the child in Form 14. (vii) For the purpose of sub- rule (vi) (c) (cd) of this rule: (a) A Probation Officer or Case Worker or Child Welfare Officer or a fit person may be appointed as a monitoring authority . (b) The District Child Protection Unit shall maintain a list of such persons who can be engaged as monitoring authorities which shall be sent to the Children’s Court along with bi-annual updates. (c) The child shall for the first quarter after release, meet with the monitoring authority on a fortnightly basis or at such intervals as may be directed by the Children’s Court. The monitoring authority shall fix a time and venue for such meetings in consultation with the child. The monitoring authority will forward its observations on the progress of the child on a monthly basis to the Children’s Court. (d) At the end of the first quarter the monitoring authority shall make recommendations regarding the further follow up procedure required for the child. (e) Where the child, after release is found to be indulging in criminal activities or associating with people with criminal antecedents, he shall be brought before the Children’s Court for further orders. (f) If it is found that the child no longer requires to be monitored, the m onitoring authority shall place the detailed report with recommendations before the Children’s Court which shall issue further directions either terminating the monitoring or for its continuation. (g) After the first quarter, the child shall meet the monitoring authority at such intervals as may be directed by the Children’s Court based on the recommendations made by the monitoring authority at the end of the first 18 quarter and the monitoring authority shall forward its report to the Children’s Court which shal l review the same every quarter. 14. Destruction of records.-The records of conviction in respect of a child in conflict with law shall be kept in safe custody till the expiry of the period of appeal or for a period of seven years, and no longer, and thereafter be destroyed by the Person -in -charge or Board or Children’s Court, as the case may be: Provided that in case of a heinous offence where the child is found to be in conflict with law under clause (i) of sub- section (1) of section 19 of the Act , the relevant records of conviction of such child shall be retained by the Children’s Court. CHAPTER IV CHILD WELFARE COMMITTEE 15. Composition and Qualifications of Members of the Committee. – (1) There shall be one or more Committees in each district to be constituted by the State Government through a notification in the Official Gazette. (2) The Chairperson and members of the Committee shall be appointed by the State Government on the recommendation of the Selection Committee under rule 87 of these rules. (3) The Chairperson and the members shall be above the age of thirty -five years a nd shall have a minimum of 3 years of experience of working with children in the field of education, health, or welfare activities, or should be a practicing professional with a degree in child psychology or psychiatry or social work or sociology or human development or in the field of law or a retired judicial officer. (4) Amember of the Committee shall ordinarily be eligible for appointment of maximum of two consecutive terms. (5) All persons, on selection shall mandatorily be given training under rule 89within a period of sixty days from the date of appointment. (6) The Chairperson and the members may resign at any time by giving one month's notice in writing to the State Government. (7) Any vacancy in the Committee shall be filled by appointment of another person from the panel of names prepared by the Selection Committee. Ex-324/2019 - 18 - - 19 - 18 quarter and the monitoring authority shall forward its report to the Children’s Court which shall review the same every quarter. 14. Destruction of records.-The records of conviction in respect of a child in conflict with law shall be kept in safe custody till the expiry of the period of appeal or for a period of seven years, and no longer, and thereafter be destroyed by the Person -in -charge or Board or Children’s Court, as the case may be: Provided that in case of a heinous offence where the child is found to be in conflict with law under clause (i) of sub- section (1) of section 19 of the Act , the relevant records of conviction of such child shall be retained by the Children’s Court. CHAPTER IV CHILD WELFARE COMMITTEE 15. Composition and Qualifications of Members of the Committee. – (1) There shall be one or more Committees in each district to be constituted by the State Government through a notification in the Official Gazette. (2) The Chairperson and members of the Committee shall be appointed by the State Government on the recommendation of the Selection Committee under rule 87 of these rules. (3) The Chairperson and the members shall be above the age of thirty -five years a nd shall have a minimum of 3 years of experience of working with children in the field of education, health, or welfare activities, or should be a practicing professional with a degree in child psychology or psychiatry or social work or sociology or human development or in the field of law or a retired judicial officer. (4) Amember of the Committee shall ordinarily be eligible for appointment of maximum of two consecutive terms. (5) All persons, on selection shall mandatorily be given training under rule 89within a period of sixty days from the date of appointment. (6) The Chairperson and the members may resign at any time by giving one month's notice in writing to the State Government. (7) Any vacancy in the Committee shall be filled by appointment of another person from the panel of names prepared by the Selection Committee. Ex-324/2019 - 20 - - 21 - 19 16.Rules and Procedures of Committee. – (1) The Chairperson and members of the Committee shall be paid such sitting allowance, travel allowance and any other allowance, as the State Government may prescribe but not less than Rs.1500 / -per sitting. (2) A visit to an existing Child Care Institution by the Committee shall be considered as a sitting of the Committee. (3) The Committee shall hold its sittings in the premises of a children’s home or, at a place in proximity to the children’s home or, at a suitab le premises in any institution run under the Act for children in need of care and protection. (4) The Committee shall ensure that no person(s) un- connected with the case remains present in the room when the session is in progress. (5) The Committee shall ensure that only those person(s), in the presence of whom the child feels comfortable, shall be allowed to remain present during the sitting. (6) At least one member of the Committee shall always be available or accessible to take cognizance of any matter of emergen cy and issue necessary directions to the Special Juvenile Police Unit or local police of the district. For this purpose the Chairperson of the Committee shall draw up a monthly duty roster of the Committee members who shall be available and accessible every day, including on Sundays and holidays. The roster shall be circulated in advance to all the police stations, the Chief Judicial Magistrate/Chief Metropolitan Magistrate, the District Judge, the District Magistrate, the Board, the District Child Protecti on Unit and the Special Juvenile Police Unit. (7) The Committee shall sit on all working days for a minimum of six hours commensurate with the working hours of a magistrate court, unless the case pendency is less in a particular district and the State Governm ent concerned issues an order in this regard: Provided that the State Government may, by notification in the Official Gazette constitute more than one Committee in a district after giving due consideration to the pendency of the cases, area or terrain of the district, population density or any other consideration. (8) On receiving information about a child or children in need of care and protection, who cannot be produced before the Committee, the Committee shall reach out to the child or children and hold it s sitting at a place that is convenient for such child or children. (9) While communicating with the child, the Committee members shall use child friendly techniques through their conduct. 20 (10) The Committee shall hold its sittings in child-friendly premises which shall not look like a court room in any manner and the sitting arrangement should be such to enable the Committee to interact with the child face to face. (11) The Committee shall not sit on a raised platform and there shall be no barriers, such as witness b oxes or bars between the Committee and the children (12) The Committee shall be provided infrastructure and staff bythe State Government. 17. Additional Functions and Responsibilities of the Committee. -In addition to the functions and responsibilities of the Committee under section 30 of the Act, the Committee shall perform the following functions to achieve the objectives of the Act, namely: (i) document and maintain detailed case record along with a case summary of every case dealt by the Committee in Form 15; (ii) maintain a suggestion box or grievance redressal box at a prominent place in the premises of theCommittee to encourage inputs from child ren and adults alike which shall be operated by the District Magistrate or his nominee; (iii) ensure smooth functioning of Children’s Committees in the Child Care Institutions for children in need of care and protection wit hin its jurisdiction, for realizing children’s participation in the affairs and management of the said Child Care Institutions; (iv) review the Children's Suggestion Book at least once a month; (v) Send quarterly information in Form 16about children in need of care and protection received by it to the District Magistrate with all relevant details on nature of disposal of cases, pending cases and reasons for such pendency and to Concerned State Government Department dealing with the implementation of ICPS under JJ Act ; (vi) wherever required, issue rehabilitation card in Form 14to children in need of care and protection to monitor their progress; (vii) M aintain the f ollowing records in a register: (a) entries of the cases listed in a day and next date and the Committee shall prepare a daily cause list of the cases before it; (b) entries and particulars of children brought before the Committee and details of the Child Care Institution where the children are placed or the address where the children are sent; (c) execution of bonds; (d) movement including visits to institution s; Ex-324/2019 - 20 - - 21 - 20 (10) The Committee shall hold its sittings in child-friendly premises which shall not look like a court room in any manner and the sitting arrangement should be such to enable the Committee to interact with the child face to face. (11) The Committee shall not sit on a raised platform and there shall be no barriers, such as witness b oxes or bars between the Committee and the children (12) The Committee shall be provided infrastructure and staff bythe State Government. 17. Additional Functions and Responsibilities of the Committee. -In addition to the functions and responsibilities of the Committee under section 30 of the Act, the Committee shall perform the following functions to achieve the objectives of the Act, namely: (i) document and maintain detailed case record along with a case summary of every case dealt by the Committee in Form 15; (ii) maintain a suggestion box or grievance redressal box at a prominent place in the premises of theCommittee to encourage inputs from child ren and adults alike which shall be operated by the District Magistrate or his nominee; (iii) ensure smooth functioning of Children’s Committees in the Child Care Institutions for children in need of care and protection wit hin its jurisdiction, for realizing children’s participation in the affairs and management of the said Child Care Institutions; (iv) review the Children's Suggestion Book at least once a month; (v) Send quarterly information in Form 16about children in need of care and protection received by it to the District Magistrate with all relevant details on nature of disposal of cases, pending cases and reasons for such pendency and to Concerned State Government Department dealing with the implementation of ICPS under JJ Act ; (vi) wherever required, issue rehabilitation card in Form 14to children in need of care and protection to monitor their progress; (vii) M aintain the f ollowing records in a register: (a) entries of the cases listed in a day and next date and the Committee shall prepare a daily cause list of the cases before it; (b) entries and particulars of children brought before the Committee and details of the Child Care Institution where the children are placed or the address where the children are sent; (c) execution of bonds; (d) movement including visits to institution s; Ex-324/2019 - 22 - - 23 - 21 (e) children declared legally free for adoption; (f) children recommended for or placed in sponsorship; (g) children placed in individual or group foster care; (h) children transferred to or received from another Committee; (i) children for whom follow up is to be done; (j) children placed in after care; (k) inspection record of the Committee; (l) record of Minutes of the meetings of the Committee; (m) correspondence received and sent; (n) Any other record or register which the Committee may require. (viii) All information listed in clause (vii) of this rule may be digitised and asoftwaremay be developed by the StateGovernment. (ix) The Committee shall, suomotu or on receipt of any information, complaint or otherwise, pertaining to any offence against a child, direct the police or the District Child Protection Unit to immediately take action for the rescue or recovery of such child from such situation, and to take further action including coordination with labor, health, social welfare and any other agencies involved with the care and protection of children; (x) The committee shall initiate action against any form of media, person or individual for publishing any matters relating to the children in need of care and protection, which would affect the best interest of the child. CHAPTER V PROCEDURE IN RELATION TO CHILDREN IN NEED OF CARE AND PROTECTION 18. Production before the Committee. – (1) Any child in need of care and protection shall be produced before the Committee during the working hours at its place of sitting and beyond working hours before the member as per the duty roster: Provided that where the child cannot be produced before the Committee, the Committee shall reach out to the child where the child is located. 22 (2) Whoever produces the child before the Committee shall make a report in Form 17 containing the particulars of the child as well as the circumstances in which the child was r eceived or found. (3) In case of a child less than two years of age, who is medically unfit, the person or the organisation who comes in contact with the child in need of care and protection shall send a written report along with the photograph of the child t o the Committee within twenty-four hours and produce the child before the Committee as soon as the child is medically fit along with a medical certificate to that effect. (4) The Committee after interaction with the child may issue directions for placing the child with the parent or guardian or Children’s Home, where such Home is available in the vicinity of the Committee before which the child is produced, and in the absence of such Home, to direct the placing of the child in safe custody of a fit person or a fit facility. (5) The Committee or the member on duty shall issue the order for placing the child in Children’s Home in Form 18. (6) The Committee or the member on duty shall order immediate medical examination of the child produced before the Committee or the m ember on duty, if such examination is neededin F orm 50. (7) In the case of abandoned or lost or orphaned child, the Committee, before passing an order granting interim custody of the child pending inquiry, shall see that, the information regarding such child is uploaded on a designated portal. (8) The Committee may, w hile making an order in Form 19 for placing a child under the care of a parent, guardian or fit person, pending inquiry or at the time of restoration, as the case may be, direct such parent, guardian or fit person to enter into an undertaking in Form 20. (9) Whenever the Committee orders a child to be kept in an institution, it shall forward to the Person-in -charge of such institution, a copy of the order of short term placement pending inquiry in Form 18 with particulars of the Child Care Institution and pare nts or guardian and previous record. A copy of such order shall also be forwarded to the District Child Protection Unit. 19. Procedure for inquiry. – (1) The Committee shall inquire into the circumstances under which the child is produced and accordingly declare such child to be a child in need of care and protection. (2) The Committee shall, prima facie determine the age of the child in order to ascertain its jurisdiction, pending further inquiry as per section 94 of the Act, if need be. Ex-324/2019 - 22 - - 23 - 22 (2) Whoever produces the child before the Committee shall make a report in Form 17 containing the particulars of the child as well as the circumstances in which the child was r eceived or found. (3) In case of a child less than two years of age, who is medically unfit, the person or the organisation who comes in contact with the child in need of care and protection shall send a written report along with the photograph of the child t o the Committee within twenty-four hours and produce the child before the Committee as soon as the child is medically fit along with a medical certificate to that effect. (4) The Committee after interaction with the child may issue directions for placing the child with the parent or guardian or Children’s Home, where such Home is available in the vicinity of the Committee before which the child is produced, and in the absence of such Home, to direct the placing of the child in safe custody of a fit person or a fit facility. (5) The Committee or the member on duty shall issue the order for placing the child in Children’s Home in Form 18. (6) The Committee or the member on duty shall order immediate medical examination of the child produced before the Committee or the m ember on duty, if such examination is neededin F orm 50. (7) In the case of abandoned or lost or orphaned child, the Committee, before passing an order granting interim custody of the child pending inquiry, shall see that, the information regarding such child is uploaded on a designated portal. (8) The Committee may, w hile making an order in Form 19 for placing a child under the care of a parent, guardian or fit person, pending inquiry or at the time of restoration, as the case may be, direct such parent, guardian or fit person to enter into an undertaking in Form 20. (9) Whenever the Committee orders a child to be kept in an institution, it shall forward to the Person-in -charge of such institution, a copy of the order of short term placement pending inquiry in Form 18 with particulars of the Child Care Institution and pare nts or guardian and previous record. A copy of such order shall also be forwarded to the District Child Protection Unit. 19. Procedure for inquiry. – (1) The Committee shall inquire into the circumstances under which the child is produced and accordingly declare such child to be a child in need of care and protection. (2) The Committee shall, prima facie determine the age of the child in order to ascertain its jurisdiction, pending further inquiry as per section 94 of the Act, if need be. Ex-324/2019 - 24 - - 25 - 23 (3) When a child is brought before the Committee, the Committee shall assign the case to a Protection Officer ( IC)/Protection Officer (NIC) orsocial worker or Case Worker or Child Welfare Officer or to any recognised non -governmental organisation for conducting the social in vestigation under sub- section (2) of section 36 of the Act through an order in Form21. (4) The Committee shall direct the person or organisation concerned to develop an individual care plan in Form 7 including a suitable rehabilitation plan. The individual ca re plan prepared for every child in the institutional care shall be developed with the ultimate aim of the child being rehabilitated and re -integrated based on the case history, circumstances and individual needs of the child. (5) The inquiry shall satisfy the basic principles of natural justice and shall ensure the informed participation of the child and the parent or guardian. The child shall be given an opportunity to be heard and his opinion shall be taken into consideration with due regard to his age and level of maturity. The orders of the Committee shall be in writing and contain reasons. (6) The Committee shall interview the child sensitively and in a child friendly manner and will not use adversarial or accusatory words or words that adversely impact the dignity or self- esteem of the child. (7) The Committee shall satisfy itself through documents and verification reports, before releasing or restoring the child, as per Form 19, in the best interest of the child. (8) The social investigation conducted by a social worker or Case Worker or Child Welfare Officer of the institution or any non- governmental organisation shall be as per Form 22and must provide an assessment of the family situation of the child in detail, and explain in writing whether it will be in the best interest of the child to restore him to his family. (9) Before the Committee releases or restores the child, both the child as well as the parents or guardians may be ordered to go for counselling using Form 51. (10) The Committee shall maintain proper records of the children produced before it including medical reports, social investigation report, any other report(s) and orders passed by the Committee in regard to the child. (11) In all cases pending inquiry, the Com mittee shall notify the next date of appearance of the child not later than fifteen days of the previous date and also seek periodic status report from the social worker or Case Worker or Child Welfare Officer conducting investigation on each such date. 24 (12) I n all cases pending inquiry, the Committee shall direct the person or institution with whom the child is placed to take steps for rehabilitation of the child including education, vocational training, etc., from the date of first production of the child its elf. (13) Any decision taken by an individual member, when the Committee is not sitting, shall be ratified by the Committee in its next sitting. (14) At the time of final disposal of a case, there shall be at least three members present including the Chairperson, and in the absence of Chairperson, a member so nominated by the Chairperson to act as such. (15) The Committee shall function cohesively as a single body and as such shall not form any subcommittees. (16) Where a child has to be sent or repatriated to another dist rict or state or country the Committee shall direct the District Child Protection Unit to take necessary permission as may be required, such as approaching the Foreigners Regional Registration Offices and Ministry of External Affairs for a no -objection cer tificate, contacting the counterpart Committee, or any other voluntary organisation in the other district or state or country where the child is to be sent. (17) At the time of final disposal of the case, the Committee shall incorporate in the order of disposa l, an individual care plan in Form 7of such child prepared by the social worker or Case Worker or Child Welfare Officer of the institution or any non -governmental organisation, as the case may be. (18) While finally disposing of the case, the Committee shall give a date for follow -up of the child not later than one month from the date of disposal of the case and thereafter once every month for the period of first six months and thereafter every three months for a minimum of one year or till such time as the Committee deems fit. (19) Where the child belongs to a different district, the Committee shall forward the age declaration, case file and the individual care plan to the Committee of the district concerned which shall likewise follow-up the individual care plan as if it had passed such disposal order. (20) The individual care plan shall be monitored by means of a rehabilitation card in Form 14issued for the purpose by the Committee passing the disposal order and which shall form part of the record of the Committee which follow up the implementation of the individual care plan. Such rehabilitation card shall be ma intained by the Rehabilitation-cum-Placement Officer. (21) All orders passed by the Committee in respect of a child in need of care and protection shall also be uploaded on the designated portal with due regard to the confidentiality and privacy of the child. Ex-324/2019 - 24 - - 25 - 24 (12) In all cases pending inquiry, the Committee shall direct the person or institution with whom the child is placed to take steps for rehabilitation of the child including education, vocational training, etc., from the date of first production of the child its elf. (13) Any decision taken by an individual member, when the Committee is not sitting, shall be ratified by the Committee in its next sitting. (14) At the time of final disposal of a case, there shall be at least three members present including the Chairperson, and in the absence of Chairperson, a member so nominated by the Chairperson to act as such. (15) The Committee shall function cohesively as a single body and as such shall not form any subcommittees. (16) Where a child has to be sent or repatriated to another dist rict or state or country the Committee shall direct the District Child Protection Unit to take necessary permission as may be required, such as approaching the Foreigners Regional Registration Offices and Ministry of External Affairs for a no -objection cer tificate, contacting the counterpart Committee, or any other voluntary organisation in the other district or state or country where the child is to be sent. (17) At the time of final disposal of the case, the Committee shall incorporate in the order of disposa l, an individual care plan in Form 7of such child prepared by the social worker or Case Worker or Child Welfare Officer of the institution or any non -governmental organisation, as the case may be. (18) While finally disposing of the case, the Committee shall give a date for follow -up of the child not later than one month from the date of disposal of the case and thereafter once every month for the period of first six months and thereafter every three months for a minimum of one year or till such time as the Committee deems fit. (19) Where the child belongs to a different district, the Committee shall forward the age declaration, case file and the individual care plan to the Committee of the district concerned which shall likewise follow-up the individual care plan as if it had passed such disposal order. (20) The individual care plan shall be monitored by means of a rehabilitation card in Form 14issued for the purpose by the Committee passing the disposal order and which shall form part of the record of the Committee which follow up the implementation of the individual care plan. Such rehabilitation card shall be ma intained by the Rehabilitation-cum-Placement Officer. (21) All orders passed by the Committee in respect of a child in need of care and protection shall also be uploaded on the designated portal with due regard to the confidentiality and privacy of the child. Ex-324/2019 - 26 - - 27 - 25 (22) When a parent or guardian, wishes to surrender a childunder sub-section (1) of section 35 of the Act, such parent or guardian shall make an application to the Committee in Form 23. Where such parent or guardian is unable to make an application due to illiteracy or any other reason, the Committee shall facili tate the same through Legal Aid Counsel provided by the Legal Services Authority, the deed of surrender shall be executed as per Form 24. (23) The inquiry under sub-section 3 of section 35 of the Act shall be concluded by the Committee expeditiously and the Committee shall declare the surrendered child as legally free for adoption after the expiry of sixty days from the date of surrender. (24) In case of orphan or abandoned child, the Committee shall make all efforts for tracing the parents or guardians of the chil d and on completion of such inquiry, if it is established that the child is either an orphan having no one to take care, or abandoned, the Committee shall declare the child legally free for adoption. (25) In case an abandoned or orphan child is received by a C hild Care Institution including a Specialised Adoption Agency, such a child shall be produced before the Committee within twenty -four hours (excluding the time necessary for the journey) along with a report in Form 17 containing the particulars and photogr aph of the child as well as the circumstances in which the child was received by it and a copy of such report shall also be submitted by the Child Care Institution or a Specialised Adoption Agency to the local police station within the same period. (26) The Co mmittee shall issue an order in Form 18for short term placement and interim care of the child, pending inquiry under section 36 of the Act. (27) The Committee shall use the designated portal to ascertain whether the abandoned child or orphan child is a missin g child while causing the details of the orphan or the abandoned child to be uploaded. (28) The Committee, after taking into account the risk factors, and in the best interest of the child, may direct the publication of the particulars and photograph of an orp han or abandoned child in national , state and local newspapers with wide circulation and broadcast in the electronic media (where applicable) within seventy two hours from the time of receiving the child for the purposes of tracing out the biological parents or the legal guardian(s). (29) The Committee, after making inquiry as per the provisions of the Act, shall issue an order in Form 25 declaringthe abandoned or orphan child as legally free for adoption and send the same information to the Authority. (30) Where the parents of the child are traced, the procedure for restoration of the child shall be as per rule 82of these rules. 26 20.Pendency of cas es. – (1) The Committee shall maintain a 'Case Monitoring Sheet' of every case and in case there is more than one child in one case, a separate sheet shall be used for each child. The case monitoring sheet shall be in Form 26 . The said Form shall be kept at the top of each case file and shall be updated from time to time. The following points shall be considered so far as ‘progress of inquiry' mentioned in Form 26is concerned: (i) time schedule for disposal of the case should be fixed on the first date of hearing; (ii) Scheduled date given in column (2) of ‘progress of inquiry' shall be the outer limit within which the steps indicated in column (1) is to be completed. (2) The Committee shall submit a quarterly report to District Magistrate in Form 16for review of pendency of cases. (3) The District Magistrate shall review the functioning of the Committee including by inspection once every quarter and also appraise the performance of the Chai rperson and the members of the Committee on the basis of their participation in the proceedings of the Committee and submit a report to the Selection Committee constituted under rule 87of these rules. CHAPTER VI REHABILITATION AND SOCIAL RE -INTEGRATION 21. Manner of Registration of Child Care Institutions. – (1) All institutions running institutional care services for children in need of care and protection or children in conflict with law, whether run by the government or voluntary organisation, shall be registered under sub -section (1) of section 41 of the A ct, irrespective of being registered or licensed under any other Act for the time being in force. (2) All such institutions shall make an application in Form 27together with a copy each of rules, byelaws, memorandum of association, list of governing body, of fice bearers, list of trustees, balance sheet of preceding three years, statement of past record of social or public service provided by the institution to the State Government and a declaration from the person or the organisation regarding any previous conviction record or involvement in any immoral act or in an act of child abuse or employment of child labour or that it has not been black listed by the Central or State Government; Ex-324/2019 - 26 - - 27 - 26 20.Pendency of cas es. – (1) The Committee shall maintain a 'Case Monitoring Sheet' of every case and in case there is more than one child in one case, a separate sheet shall be used for each child. The case monitoring sheet shall be in Form 26 . The said Form shall be kept at the top of each case file and shall be updated from time to time. The following points shall be considered so far as ‘progress of inquiry' mentioned in Form 26is concerned: (i) time schedule for disposal of the case should be fixed on the first date of hearing; (ii) Scheduled date given in column (2) of ‘progress of inquiry' shall be the outer limit within which the steps indicated in column (1) is to be completed. (2) The Committee shall submit a quarterly report to District Magistrate in Form 16for review of pendency of cases. (3) The District Magistrate shall review the functioning of the Committee including by inspection once every quarter and also appraise the performance of the Chai rperson and the members of the Committee on the basis of their participation in the proceedings of the Committee and submit a report to the Selection Committee constituted under rule 87of these rules. CHAPTER VI REHABILITATION AND SOCIAL RE -INTEGRATION 21. Manner of Registration of Child Care Institutions. – (1) All institutions running institutional care services for children in need of care and protection or children in conflict with law, whether run by the government or voluntary organisation, shall be registered under sub -section (1) of section 41 of the A ct, irrespective of being registered or licensed under any other Act for the time being in force. (2) All such institutions shall make an application in Form 27together with a copy each of rules, byelaws, memorandum of association, list of governing body, of fice bearers, list of trustees, balance sheet of preceding three years, statement of past record of social or public service provided by the institution to the State Government and a declaration from the person or the organisation regarding any previous conviction record or involvement in any immoral act or in an act of child abuse or employment of child labour or that it has not been black listed by the Central or State Government; Ex-324/2019 - 28 - - 29 - 27 (3) The State Government shall after verifying that provisions exist in the institution for the care and protection of children, health, education, boarding and lodging facilities, vocational facilities and rehabilitation as per the Act and the rules, may issue a registration certification to such institution under sub- section (1) of section 41 of the Act in Form 28. (4) The State Government may not grant provisional registration where adequate facilities do not exist in the institution applying for registration and the State Government shall issue an order before the expiry of one mont h from the date of receipt of the application that the institution is not entitled for even provisional registration. (5) The State Government, while taking a decision on the application for registration, may consider the following namely: (i) registration of th e organisation under any law for the time being in force; (ii) details of physical infrastructure, water and electricity facilities, sanitation and hygiene, recreation facilities; (iii) financial position of the organization and maintenance of documents along with audited statement of accounts forthe previous three years; (iv) resolution of the Governing Body to run the institution or an open shelter; (v) plan to provide services for children such as medical, vocational, educational, counselling, etc., in case of new applicants and details of such services provided in case of existing institutions; (vi) arrangements of safety, security and transportation; (vii) details of other support services run by the organisation; (viii) details of linkages and networking with other governmental, non- governmental, corporate and other community based agencies on providing need- based services to children; (ix) details of existing staff with their qualification and experience; (x) details of registration under Foreign Contribution Regulation Act and funds available, if any; (xi) a declaration from the person or the organisation regarding any previous conviction record or involvement in any immoral act or in an act of child abuse or employment of child labour; (xii) any other criteria as prescribed by the State Government. 28 (6) The State Government shall conduct a detailed inspection where provisional registration has been granted or review annually after registration under sub -section (1) of section 41 of the Act, of the facilities, staff, infrastructure and compliance with the standards of care, protection, rehabilitation and reintegration services and management of the instituti on or the organisation as laid down under the Act and the rules. (7) If the inspection or the annual review reveals that there is unsatisfactory compliance with the standards of care, protection, rehabilitation and reintegration services and management of the institution as laid down under the Act and the rules or the facilities are inadequate, the State Government may, at any time, serve notice on the management of the institution and after giving an opportunity of being heard, declare within a period of sixt y days from the date of the detailed inspection or annual review as the case may be, that the registration of the institution or organisation, shall stand withdrawn or cancelled from a date specified in the notice and from the said date, the institution sh all cease to be an institution registered under sub -section (1) of section 41of the Act. (8) When an institution ceases to be an institution registered under the Act or has failed to apply for registration within the time frame laid down in the said provision or has not been granted provisional registration, the said institution shall be managed b y the State Government or the children placed therein shall be transferred by the order of the Board or the Committee, to some other institution, registered under sub- section (1) of section 41 of the Act. (9) All institutions shall be bound to seek renewal of registration three months prior to the expiry of the period of registration and in case of their failure to seek renewal of registration before the expiry of the period of registration of the institution, the institution shall cease to be an institution r egistered under subsection (1) of section 41 of the Act and provisions of sub- rule (8) of this rule shall apply. (10) An application for renewal of registration of an institution shall be disposed of within sixty days from the date of receipt of application. (11) The decision on renewal of registration shall be based on the annual review done in the year in which the renewal is sought. (12) The Central Government shall facilitate developing a model online system for receipt and processing of applications and grant or c ancellation of registration and in the interim the systems existing in the States and Union Territories shall continue. (13) All Child Care Institutions applying for registration or registered under the Act shall adhere to the Operational Manual prepared by the State Government. Ex-324/2019 - 28 - - 29 - 28 (6) The State Government shall conduct a detailed inspection where provisional registration has been granted or review annually after registration under sub -section (1) of section 41 of the Act, of the facilities, staff, infrastructure and compliance with the standards of care, protection, rehabilitation and reintegration services and management of the instituti on or the organisation as laid down under the Act and the rules. (7) If the inspection or the annual review reveals that there is unsatisfactory compliance with the standards of care, protection, rehabilitation and reintegration services and management of the institution as laid down under the Act and the rules or the facilities are inadequate, the State Government may, at any time, serve notice on the management of the institution and after giving an opportunity of being heard, declare within a period of sixt y days from the date of the detailed inspection or annual review as the case may be, that the registration of the institution or organisation, shall stand withdrawn or cancelled from a date specified in the notice and from the said date, the institution sh all cease to be an institution registered under sub -section (1) of section 41of the Act. (8) When an institution ceases to be an institution registered under the Act or has failed to apply for registration within the time frame laid down in the said provision or has not been granted provisional registration, the said institution shall be managed b y the State Government or the children placed therein shall be transferred by the order of the Board or the Committee, to some other institution, registered under sub- section (1) of section 41 of the Act. (9) All institutions shall be bound to seek renewal of registration three months prior to the expiry of the period of registration and in case of their failure to seek renewal of registration before the expiry of the period of registration of the institution, the institution shall cease to be an institution r egistered under subsection (1) of section 41 of the Act and provisions of sub- rule (8) of this rule shall apply. (10) An application for renewal of registration of an institution shall be disposed of within sixty days from the date of receipt of application. (11) The decision on renewal of registration shall be based on the annual review done in the year in which the renewal is sought. (12) The Central Government shall facilitate developing a model online system for receipt and processing of applications and grant or c ancellation of registration and in the interim the systems existing in the States and Union Territories shall continue. (13) All Child Care Institutions applying for registration or registered under the Act shall adhere to the Operational Manual prepared by the State Government. Ex-324/2019 - 30 - - 31 - 29 22.Open Shelter. – (1) The State Government may establish open shelters by itself or through voluntary or non- governmental organisations. (2) All organisations and persons who wish to establish open shelters or already running open shelters shall, make an application in Form 27to the State Government for registration. (3) The applicants shall submit a report of the need for opening such open shelte rs along with a survey on the status of children indicating the number of children where the open shelter is proposed to be established. After proper police verification and other inquiry as deemed necessary, the organisation or person may be selected for running the open shelter. (4) The open shelters shall be registered as provided under sub- section (1) of section 41 of the Act in Form 28. (5) The services provided in the open shelters may include day care and night residential facilities including food, washing facilities and toilets, and any other facility as the State Government may deem fit. (6) The capacity of an open shelter should be such as to accommodate twenty -five to fifty children at one time and should include a kitchen, dining facilities, bathrooms and toilets, lockers and recreational facilities. (7) In cases where, the agency in charge of the Open Shelter finds that a child may require more than short term care and protection exceeding twenty -four hours, such child may be produced before the Committee for appropriate further steps. (8) The open shelter shall not refuse admission to any child in need of care and protection at any time. (9) Each open shelter shall send monthly information in Form 29to the District Child Protection Unit and the Committee regard ing the children availing the services of the open shelter. 23. Foster Care. – (1) The State Government may place children in need of care and protection in foster care including group foster care through order of the Committee for a short or extended period of time. (2) The District Child Protection Unit shall be the nodal authority for implementing the foster care programme in a district. 30 (3) All decisions related to placement of a child in foster care shall be taken by the Committee. Children in the age gro up of six years and above may be considered for placement in foster care in the circumstances mentioned in sub -rule (1) of rule 44of these rules. Children below six years of age shall be, as far as possible placed in adoption. (4) Children in need of care and protection who are living in community may also be considered for placement in foster care based on the child study report in Form 31prepared by the District Child Protection Unit. (5) The Committee shall take into consideration the individual care plan and the opinion of the child before deciding the nature of foster care with due regard to his age and maturity. The child shall be informed and prepared throughout the process. (6) Foster care may be for short term or long term depending upon the needs of the child. The duration of short term Foster care shall be for a period of not more than one year. (7) Long term foster care, shall be for a period exceeding one year. This can be periodically extended by the Committee till the child att ains eighteen years of age on the basis of assessment of the compatibility of the child with the foster care parents or in a group foster care setting. (8) Recognizing that every child has the right to grow in a family environment, every attempt shall be made to reunite the child with his biological family, if possible. (9) The Committee before placing the child in foster care shall obtain a Home Study Report of the foster family through the District Child Protection Unit in Form 30. (10) Children with special needs may be considered either for placement in foster family or group foster care, provided the Home Study Report of the foster family supports their fitness or group setting has facilities for care of such children. (11) The number of c hildren placed under group foster care shall not exceed eight children in one unit including biological children of the foster caregiver. (12) The District Child Protection Unit, while selecting foster family shall consider the following, namely: (i) both the spouses must be Indian citizens; (ii) both the spouses must be willing to foster the same child; (iii) both the spouses must be above the age of thirty -five years and must be in good physical, emotional and mental health; (iv) ordinarily the foster family should have an i ncome with which they are able to meet the needs of the child; Ex-324/2019 - 30 - - 31 - 30 (3) All decisions related to placement of a child in foster care shall be taken by the Committee. Children in the age gro up of six years and above may be considered for placement in foster care in the circumstances mentioned in sub -rule (1) of rule 44of these rules. Children below six years of age shall be, as far as possible placed in adoption. (4) Children in need of care and protection who are living in community may also be considered for placement in foster care based on the child study report in Form 31prepared by the District Child Protection Unit. (5) The Committee shall take into consideration the individual care plan and the opinion of the child before deciding the nature of foster care with due regard to his age and maturity. The child shall be informed and prepared throughout the process. (6) Foster care may be for short term or long term depending upon the needs of the child. The duration of short term Foster care shall be for a period of not more than one year. (7) Long term foster care, shall be for a period exceeding one year. This can be periodically extended by the Committee till the child att ains eighteen years of age on the basis of assessment of the compatibility of the child with the foster care parents or in a group foster care setting. (8) Recognizing that every child has the right to grow in a family environment, every attempt shall be made to reunite the child with his biological family, if possible. (9) The Committee before placing the child in foster care shall obtain a Home Study Report of the foster family through the District Child Protection Unit in Form 30. (10) Children with special needs may be considered either for placement in foster family or group foster care, provided the Home Study Report of the foster family supports their fitness or group setting has facilities for care of such children. (11) The number of c hildren placed under group foster care shall not exceed eight children in one unit including biological children of the foster caregiver. (12) The District Child Protection Unit, while selecting foster family shall consider the following, namely: (i) both the spouses must be Indian citizens; (ii) both the spouses must be willing to foster the same child; (iii) both the spouses must be above the age of thirty -five years and must be in good physical, emotional and mental health; (iv) ordinarily the foster family should have an i ncome with which they are able to meet the needs of the child; Ex-324/2019 - 32 - - 33 - 31 (v) medical reports of all the members of the foster family residing in the premises should be obtained including reports for Human Immuno Deficiency Virus (HIV), Tuberculosis (TB) and Hepatitis Betc. to determine that they are medically fit; and (vi) t he foster family should have adequate space and basic facilities. (13) The District Child Protection Unit, while selecting Group foster care setting shall consider the following illustrative criteria: (i) registration of the group setting under the Act; (ii) recognition as a fit facility by Committee; (iii) existence of child prote ction policy; and (iv) sufficient space and proper amenities for children. (14) The process for selection of Foster family or Group foster setting shall be notified by the State Government. (15) The Committee shall pass the final order in Form 32for placing the child in foster care, specifying the period for which the child is placed in foster care. (16) The foster family or group foster care giver shall sign an undertaking for foster -care of the child in Form 33. (17) The District Child Protection Unit shall maintain a record of each child in foster care in Form 34 . (18) TheCommittee shall conduct quarterly inspection of the foster families or foster care givers in Form 35 to check the well- being of the child. (19) The foster family or group foster care giver shall: (i) provide adequatefood, clothing and shelter and education; (ii) provide care, support and treatment for child’s overall physical, emotional and mental health; (iii) ensure protection from exploitation, maltreatment, harm, neglect and abuse; (iv) provide age appropriate facilities for recreation, extra-curricular activities such as sports, music, dance, drama, art, etc.; (v) provide vocational training according to the interests of the child; (vi) respect the privacy of the child and his biological family or guardian, and acknowledge that any information provided about them is confidential and is not to be disclosed to another party without prior consent; 32 (vii) provide treatment in emergent situations and inform the Committee and biological family about the same which may pass appropriate orders whe rever necessary; (viii) support contact between the child and his biological family in consultation with the Committee keeping in view the best interest of the child; (ix) share and discuss the information pertaining to the progress of the child periodically with the Committee and biological family of the child and produce the child before the Committee as and when directed by the Committee; and (x) ensure that the child’s whereabouts are known at all times, including reporting any changes of address, holiday plans and any episodes of running away of the child to the Committee. (20) In addition to the above Rules, Foster Care Programme shall be implemented accordin g to the Foster Care Guidelinesprepared by the State Government. 24. Sponsorship. – (1) The State Government shall prepare sponsorship programmes, which may include: (i) individual to individual sponsorship; (ii) group sponsorship; (iii) community sponsorship; (iv) support to families through sponsorship; and (v) support to Children Homes and Special Homes (2) Thesponsorship programme shall be implemented by the District Child Protection Unit which shall provide a panel of persons or families or organisations interested in sponsoring a child. (3) The panel will list sponsors according to the area of interest such as education, medical support, nutrition, vocational training etc., and the nature of sponsorship. (4) The District Child Protection Unit shall forward the panel to the Board or the Committee or the Children’s Court. (5) The Board or the Committee or the Children’s Court may suomotu, or on an application received in that behalf, consider the placement of a child under sponsorship for which purpose it shall verify from the panel whether a sponsor is available to support suc h child and pass an order for placement of the child under sponsorship in Form 36. (6) The District Child Protection Unit, in case of individual sponsorship, shall open an account in the name of the child to be operated preferably by the mother. The money sha ll be Ex-324/2019 - 32 - - 33 - 32 (vii) provide treatment in emergent situations and inform the Committee and biological family about the same which may pass appropriate orders wherever necessary; (viii) support contact between the child and his biological family in consultation with the Committee keeping in view the best interest of the child; (ix) share and discuss the information pertaining to the progress of the child periodically with the Committee and biological family of the child and produce the child before the Committee as and when directed by the Committee; and (x) ensure that the child’s whereabouts are known at all times, including reporting any changes of address, holiday plans and any episodes of running away of the child to the Committee. (20) In addition to the above Rules, Foster Care Programme shall be implemented accordin g to the Foster Care Guidelinesprepared by the State Government. 24. Sponsorship. – (1) The State Government shall prepare sponsorship programmes, which may include: (i) individual to individual sponsorship; (ii) group sponsorship; (iii) community sponsorship; (iv) support to families through sponsorship; and (v) support to Children Homes and Special Homes (2) Thesponsorship programme shall be implemented by the District Child Protection Unit which shall provide a panel of persons or families or organisations interested in sponsoring a child. (3) The panel will list sponsors according to the area of interest such as education, medical support, nutrition, vocational training etc., and the nature of sponsorship. (4) The District Child Protection Unit shall forward the panel to the Board or the Committee or the Children’s Court. (5) The Board or the Committee or the Children’s Court may suomotu, or on an application received in that behalf, consider the placement of a child under sponsorship for which purpose it shall verify from the panel whether a sponsor is available to support suc h child and pass an order for placement of the child under sponsorship in Form 36. (6) The District Child Protection Unit, in case of individual sponsorship, shall open an account in the name of the child to be operated preferably by the mother. The money sha ll be Ex-324/2019 - 34 - - 35 - 33 transferred directly from the bank account of the District Child Protection Unit to the bank account of the child. (7) The duration of the sponsorship shall not ordinarily exceed three years. (8) In addition to the above Rules, Sponsorship programme under Integrated Child Protection Scheme (ICPS) shall be implemented according to the sponsorship guidelines prepared by the State G overnment. 25. After Care of Children Leaving Institutional Care. – (1) The State Government shall prepare a programme forchildren who have to leave Child Care Institutions on attaining eighteen years of age by providing for their education, giving them employable skills and placement as well as providing them places for stay to facilitate their re- integration into the mainstreamof society. (2) Any child who leaves a Child Care Institution may be provided after care till the age of twenty -one years on the order of the Committee or the Board or the Children’s Court, as the case may be, as per Form 37 and in exceptional circumstances, for two more years on completing twenty -one years of age. (3) The District Child Protection Unit shall prepare and maintain a list of organisations, institutions and individuals interested in providing after care as per their area of interest s uch as education, medical support, nutrition, vocational training etc. and the same shall be forwarded to the Board or the Committee and all Child Care Institutions for their record. (4) The Probation Officer or the Child Welfare Officer or Case Worker or social worker, shall prepare a post release plan and submit the same to the Board or the Committee, two months before the child is due to leave the Child Care Institution, recommending after care for such child, as per the needs of the child. (5) The Board or the Committee or the Children’s Court, while monitoring the post release plan will also examine the effectiveness of the aftercare programme, particularly whether it is being utilized for the purpose for which it has been granted and the progress made by the child as a result of such after- care programme. (6) Children,who are placed in aftercareprogramme, shall be provided funds by the State Government for their essential expenses; such fu nds shall be transferred directly to their bank accounts. (7) The services provided under the after -care programme may include: 34 (i) community group housing on a temporary basis for groups of six to eight persons; (ii) provision of stipend during the course of vocati onal training or scholarships for higher education and support till the person gets employment; (iii) arrangements for skill training and placement in commercial establishments through coordination with National Skill Development Programme, Indian Institute for Skill Training and other such Central or State Government programmes and corporates, etc.; (iv) provision of a counsellor to stay in regular contact with such persons to discuss their rehabilitation plans; (v) provision of creative outlets for channelising their energy and to tide over the crisis periods in their lives; (vi) arrangement of loans and subsidies for persons in after -care, aspiring to set up entrepreneurial activities; and (vii) e ncouragement to sustain themselves without State or institutional support. (8) In addition to the above Rules, After Care Programme under Integrated Child Protection Scheme (ICPS) shall be implemen ted according to the Aftercare Guidelines prepared by the State G overnment. 26. Management and Monitoring of Child Care Institutions. – (1) The personnel strength of a Child Care Institution shall be determined according to the duty, posts, hours of duty and category of children that the staff is meant to cater to. (2) The staff of the Child Care Institution shall be subject to control and overall supervision of the Person -in -charge who by order, shall determine their specific duties and responsibilities in keeping with the statutory requirements of the Act and these rules. (3) The number of posts in each category of staff shall be fixed on the basis of capacity of the institution and shall proportionately increase with the increase in the capacity of the institution. (4) In case of Child Care Institutions housing girls, preferably female Person-in charge and staff shall be appointed. (5) Any person associated with a Child Care Institution should not have been convicted of an offence or have been involved in any immoral act or in act of child abuse or employment of child labour or in an offence involving moral turpitude or hold any office in any political party during his tenure. Ex-324/2019 - 34 - - 35 - 34 (i) community group housing on a temporary basis for groups of six to eight persons; (ii) provision of stipend during the course of vocational training or scholarships for higher education and support till the person gets employment; (iii) arrangements for skill training and placement in commercial establishments through coordination with National Skill Development Programme, Indian Institute for Skill Training and other such Central or State Government programmes and corporates, etc.; (iv) provision of a counsellor to stay in regular contact with such persons to discuss their rehabilitation plans; (v) provision of creative outlets for channelising their energy and to tide over the crisis periods in their lives; (vi) arrangement of loans and subsidies for persons in after -care, aspiring to set up entrepreneurial activities; and (vii) e ncouragement to sustain themselves without State or institutional support. (8) In addition to the above Rules, After Care Programme under Integrated Child Protection Scheme (ICPS) shall be implemen ted according to the Aftercare Guidelines prepared by the State G overnment. 26. Management and Monitoring of Child Care Institutions. – (1) The personnel strength of a Child Care Institution shall be determined according to the duty, posts, hours of duty and category of children that the staff is meant to cater to. (2) The staff of the Child Care Institution shall be subject to control and overall supervision of the Person -in -charge who by order, shall determine their specific duties and responsibilities in keeping with the statutory requirements of the Act and these rules. (3) The number of posts in each category of staff shall be fixed on the basis of capacity of the institution and shall proportionately increase with the increase in the capacity of the institution. (4) In case of Child Care Institutions housing girls, preferably female Person-in charge and staff shall be appointed. (5) Any person associated with a Child Care Institution should not have been convicted of an offence or have been involved in any immoral act or in act of child abuse or employment of child labour or in an offence involving moral turpitude or hold any office in any political party during his tenure. Ex-324/2019 - 36 - - 37 - 35 (6) No person shall be appointed to or work in a Child Care Institution without police verification. (7) The suggested staffing pattern for an institution with a capacity of 100 children may be as below: (8) In case of institutions housing infants, provision for ayahs and paramedical staff shall be made as per need. (9) The security personnel shall be deployed as per nature and requirement of the Child Care Institution, taking into consideration strength of the children, age groups, physical and mental status, segregation facility based on the nature of offence and structure of the Institution. (10) The security personnel to be engaged or appointed shall be adequately trained and oriented to deal with the children with sensitivity preferably ex -servicemen or retired para- military personnel or through Director General of Resettlement. (11) The security personnel shall not be with arms or guns but have training and spec ial skills to handle a crisis situation, control violence and escape of children from the institution, conduct search and frisking and security surveillance. S. N Personnel/ Staff Number 1. Person -in-charge (Superintendent) 1 2. Probation Officer/Child Welfare Officer/Case Workers (NGOs) A Child Welfare Officer may be designated as Rehabilitation -cum - Placement Officer 3 3. Counselor/ Psychologists/mental health expert 2 4. House Mother/ House Father 4 5. Educator/ Tutor 2(Part time) 6. Medical Officer (Physician) 1 (on call) 7. Para -medical staff/ Staff Nurse/Nursing Orderly 1 8. Store Keeper cum Accountant 1 9. Art & Craft & activity teacher 1(Part time) 10. PT Instructor -cum -Yoga trainer 1(Part time) 11. Cook 2 12. Helper 2 13. House keeping 2 14. Driver 1 15. Gardener 1(Part time) 16. Peon/ 4 thGrade 2 36 27. Fit Facility. – (1) The Board or the Committee shall on an application from any institution or organisation run by Government or non- governmental organisation, recognise the facility as a fit facility provided the manager of that facility is willing temporarily to receive a child for a specific purpose or for group foster care. (2) An application i nForm 38 for recognition shall be accompanied with a copy each of rules, bye -laws, memorandum of association, list of governing body, office bearers, list of trustees, balance sheet of the preceding three years, statement of past record of social or publi c service provided by the institution or organisation. (3) Any facility for recognition as a fit facility shall: (i) meet the basic standards of care and protection to the child; (ii) provide basic services to any child placed with it; (iii) prevent child placed with it to any form of cruelty or exploitation or neglect or abuse of any kind; and (iv) a bide by the orders passed by the Board or the Committee. (4) The Board or the Committee, after proper inspection and inquiry to ensure that provisions exist in the institution for the care and protection of children with reference to their health, education, boarding and lodging facilities, vocational facilities and rehabilitation as per the rules, and consideration of such other material as may be available, may grant recognition to such institution or organisation as a fit facility in Form 39: Provided that any person associated with such institution or organisation should not have been convicted of an offence or have been involved in any immoral act or in act of child abuse or employment of child labour or in an offence involving moral turpitude. (5) A decision on the application for recognition of an insti tution or organisation shall be taken by the Board or the Committee within a period of fifteen days from the date of receipt of the application. (6) The recognition to an institution or an organisation as a fit facility shall be initially for a period of thre e years which may be renewed for a further period of three years in accordance with sub- rule (4) of this rule. (7) The Board or the Committee may, if dissatisfied with the standard of care and protection provided, or conditions prevailing in the facility, or the management of the institution or the organization recognised under the Act or on an adverse report made by an inspection committee appointed under section 54 of the Act, or for any other reason, at any time, by a reasoned order, Ex-324/2019 - 36 - - 37 - 36 27.Fit Facility. – (1) The Board or the Committee shall on an application from any institution or organisation run by Government or non- governmental organisation, recognise the facility as a fit facility provided the manager of that facility is willing temporarily to receive a child for a specific purpose or for group foster care. (2) An application i nForm 38 for recognition shall be accompanied with a copy each of rules, bye -laws, memorandum of association, list of governing body, office bearers, list of trustees, balance sheet of the preceding three years, statement of past record of social or publi c service provided by the institution or organisation. (3) Any facility for recognition as a fit facility shall: (i) meet the basic standards of care and protection to the child; (ii) provide basic services to any child placed with it; (iii) prevent child placed with it to any form of cruelty or exploitation or neglect or abuse of any kind; and (iv) a bide by the orders passed by the Board or the Committee. (4) The Board or the Committee, after proper inspection and inquiry to ensure that provisions exist in the institution for the care and protection of children with reference to their health, education, boarding and lodging facilities, vocational facilities and rehabilitation as per the rules, and consideration of such other material as may be available, may grant recognition to such institution or organisation as a fit facility in Form 39: Provided that any person associated with such institution or organisation should not have been convicted of an offence or have been involved in any immoral act or in act of child abuse or employment of child labour or in an offence involving moral turpitude. (5) A decision on the application for recognition of an insti tution or organisation shall be taken by the Board or the Committee within a period of fifteen days from the date of receipt of the application. (6) The recognition to an institution or an organisation as a fit facility shall be initially for a period of thre e years which may be renewed for a further period of three years in accordance with sub- rule (4) of this rule. (7) The Board or the Committee may, if dissatisfied with the standard of care and protection provided, or conditions prevailing in the facility, or the management of the institution or the organization recognised under the Act or on an adverse report made by an inspection committee appointed under section 54 of the Act, or for any other reason, at any time, by a reasoned order, Ex-324/2019 - 38 - - 39 - 37 withdraw the recognition of the institution or the organisation as a fit facility and from the date specified in the order of the Board or the Committee, the institution or the organisation shall cease to be a fit facility recognized under the Act and the rules. (8) Where the recog nition of a fit facility is withdrawn by the Board or the Committee, intimation of the same shall be sent to the Children’s Court, Special Juvenile Police Unit and District Child Protection Unit and the children placed with such an institution or organisat ion may be placed by the Board or the Committee or the Children’s Court to another fit facility or any other Child Care Institution. (9) A list of fit facilities approved by the Board or the Committee shall be kept in that office and be sent to the Children’s Court, Special Juvenile Police Unit, the District Child Protection Unit and the State Child Protection Society. (10) An institution or organisation shall be recognised as a fit facility for purposes which may include: (i) short term care; (ii) medical care treatment and specialised treatment; (iii) psychiatric and mental health care; (iv) de-addiction and rehabilitation; (v) education; (vi) vocational training and skill development; (vii) witness protection; and (viii) group foster care. (11) The services to be provided by the fit facility may include: (i) food, clothing, water, sanitation and hygiene; (ii) mental health interventions including counselling; (iii) medical facilities including first aid and to facilitate specialised treatment; (iv) formal age ap propriate education including bridge education and continuing education and life skill education; and (v) recreation, sports, fine arts and group work activities. (12) The placement of a child in a fit facility shall be for a period as deemed fit by the Board or the Com mittee or the Children’s Court. 38 28.Fit Person. – (1) Any individual who is fit to temporarily receive a child for care, protection or treatment, for a period as may be necessary, may be recognised by the Board or the Committee as a fit person. (2) The Board or the Committee may identify a panel of persons on the basis of their credentials, respectability, expertise, professional qualifications, experience of dealing with children and their willingness to receive the child and shall recognise them a s fit persons for the purposes of the Act: Provided that such a person should not have been accused of an offence under the Act or have been involved in any immoral act or in act of child abuse or employment of child labour or in an offence involving mor al turpitude. (3) The Board or the Committee may also appoint any person as a fit person on need basis for a child or children after verifying the credentials of such person, and wherever possible, after getting police ver ification done on such a person. (4) The Board or the Committee may, if dissatisfied with the standard of care and protection provided or for any other reasons, at any time, by a reasoned order withdraw the recognition of the person as a fit person from the date specified in the order of the Board or the Committee. (5) Where the recognition of a fit person is withdrawn by the Board or the Committee, intimation of the same shall be sent to the Children’s Cou rt, Special Juvenile Police Unit and District Child Protection Unit and the child placed with such a fit person may be placed by the Board or the Committee or the Children’s Court to another fit person or with a fit facility or any Child Care Institution. (6) A list of fit persons recognised by the Board or the Committee shall be kept in the office of the Board and the Committee and the Children’s Court and be sent to the Special Juvenile Police Unit, the District Child Protection Unit and the State Child Prot ection Society. (7) The Board or the Committee or the Children’s Court may place the child with a fit person in cases wherever required, including where the child cannot be sent to a Child Care Institution due to distance and/ or odd time. (8) The fit person sha ll: (i) Have the capacity and willingness to receive the child; and (ii) Providebasic services for care and protection of the child. (9) The Board or the Committee or the Children’s Court, depending on the need of the child and in consultation with the fit person shall determine the period for which a child shall remain with the fit person. Ex-324/2019 - 38 - - 39 - 38 28.Fit Person. – (1) Any individual who is fit to temporarily receive a child for care, protection or treatment, for a period as may be necessary, may be recognised by the Board or the Committee as a fit person. (2) The Board or the Committee may identify a panel of persons on the basis of their credentials, respectability, expertise, professional qualifications, experience of dealing with children and their willingness to receive the child and shall recognise them a s fit persons for the purposes of the Act: Provided that such a person should not have been accused of an offence under the Act or have been involved in any immoral act or in act of child abuse or employment of child labour or in an offence involving mor al turpitude. (3) The Board or the Committee may also appoint any person as a fit person on need basis for a child or children after verifying the credentials of such person, and wherever possible, after getting police ver ification done on such a person. (4) The Board or the Committee may, if dissatisfied with the standard of care and protection provided or for any other reasons, at any time, by a reasoned order withdraw the recognition of the person as a fit person from the date specified in the order of the Board or the Committee. (5) Where the recognition of a fit person is withdrawn by the Board or the Committee, intimation of the same shall be sent to the Children’s Cou rt, Special Juvenile Police Unit and District Child Protection Unit and the child placed with such a fit person may be placed by the Board or the Committee or the Children’s Court to another fit person or with a fit facility or any Child Care Institution. (6) A list of fit persons recognised by the Board or the Committee shall be kept in the office of the Board and the Committee and the Children’s Court and be sent to the Special Juvenile Police Unit, the District Child Protection Unit and the State Child Prot ection Society. (7) The Board or the Committee or the Children’s Court may place the child with a fit person in cases wherever required, including where the child cannot be sent to a Child Care Institution due to distance and/ or odd time. (8) The fit person sha ll: (i) Have the capacity and willingness to receive the child; and (ii) Providebasic services for care and protection of the child. (9) The Board or the Committee or the Children’s Court, depending on the need of the child and in consultation with the fit person shall determine the period for which a child shall remain with the fit person. Ex-324/2019 - 40 - - 41 - 39 (10) The child shall not be placed with a fit person for a period exceeding thirty days and in such cases where the child requires further care, the Committee may consider the placement of the child in foster care or may consider other rehabilitative alternatives for the child. The Board or the Children’s Cou rt in such cases where the period of placement of the child may exceed thirty days, refer the matter to the Committee for further orders in respect of the child. 29. Physical infrastructure. – (1) The accommodation in each institution shall be as per the following criteria, namely: - (i) Observation Home: (a) separate observation homes for girls and boys; (b) Classification and segregation of children according to their age group preferably 7 -11 years, 12- 16 years and 16 -18 years, giving due consideration to physical and mental status and the nature of the offence committed. (ii) Special Home: (a) separate special homes for girls above the age of 10 years and boys in the age groups of 11 to 15 and 16 to 18 years; (b) c lassification and segregation of children on the basis of age and nature of offences and their mental and physical status. (iii) Place of Safety: (a) for children in the age grou p of 16 to18 years alleged to have committed heinous offence pending inquiry; (b) for children in the age group of 16 to 18 years found to be involved in heinous offence upon completion of inquiry; (c) for persons above 18 years alleged to have committed offence when they were below the age of 18 years pending inquiry; (d) for persons above 18 years found to be involved in offence upon completion of inquiry; (e) f or children as per the orders of the Board under clause (g) of sub- section (1) of section 18 of the Act. (iv) Children’s Home: (a) while children of both sex below 10 years may be kept in the same home, separate bathing and sleeping facilities shall be maintained for boys and girls in the age group of 5 -10 years; 40 (b) separate children’s homes for boys and girls in the a ge group of 7-11 years and 12- 18 years; (c) Separate facilities for children up to the age of six years with appropriate facilities for infants. (2) The Child Care Institutions shall be child- friendly and in no way shall they look like a jail or lock -up. (3) Every Child Care Institution shall keep a copy of the Act and the rules framed by the State Government, for use by both the staff and children residing therein. (4) Each Child Care Institution shall have a Management Committee for the management of the institution and monitoring the progress of every child in the home. (5) The Child Care Institutions for children in conflict with law and children in need of care and protection shall function from separate premises as per the criteria elaborated. (6) The suggested norms f or building or accommodation in each institution with 50 children may be as under: (i) 2 Dormitories Each 1000 Sq.ft. for 25 children i.e. 2000 Sq. ft. (ii) 2 Class rooms 300Sq.ft. for 25 children i.e. 600 Sq. ft. (iii) Sickroom/First aid room 75 Sq.ft. per children for 10 i.e. 750 Sq. ft. (iv) Kitchen 250 Sq. ft. (v) Dining hall 800 Sq. ft. (vi) Store 250 Sq.ft. (vii) Recreation room 300 Sq.ft. (viii) Library 500 Sq.ft. (ix) 5 Bathroom 25 Sq.ft. each i.e. 125 Sq. ft. (x) 8 Toilets 25 Sq. ft. i.e. 200 Sq.ft. (xi) Office rooms (a) 300 Sq.ft. (b) Person -in-charge room 200 Sq.ft. (xii) Counselling and Guidance room 120 Sq.ft. (xiii) Workshop 1125 Sq. ft. for 15 children @ of 75 Sq.ft. per trainee (xiv) Residence for Person -in- charge (a) 2 rooms of 250 Sq.ft. each (b) Kitchen 75 Sq.ft. (b) bathroom cum toilet 50 Sq ft. (xv) 2 rooms for Juvenile Justice Board or Child Welfare Committee 300 Sq. ft each i.e. 600 Sq.ft. (xvi) Playground Sufficient area according to total number of children Total 8495 Sq.ft. Ex-324/2019 - 40 - - 41 - 40 (b) separate children’s homes for boys and girls in the age group of 7-11 years and 12- 18 years; (c) Separate facilities for children up to the age of six years with appropriate facilities for infants. (2) The Child Care Institutions shall be child- friendly and in no way shall they look like a jail or lock -up. (3) Every Child Care Institution shall keep a copy of the Act and the rules framed by the State Government, for use by both the staff and children residing therein. (4) Each Child Care Institution shall have a Management Committee for the management of the institution and monitoring the progress of every child in the home. (5) The Child Care Institutions for children in conflict with law and children in need of care and protection shall function from separate premises as per the criteria elaborated. (6) The suggested norms f or building or accommodation in each institution with 50 children may be as under: (i) 2 Dormitories Each 1000 Sq.ft. for 25 children i.e. 2000 Sq. ft. (ii) 2 Class rooms 300Sq.ft. for 25 children i.e. 600 Sq. ft. (iii) Sickroom/First aid room 75 Sq.ft. per children for 10 i.e. 750 Sq. ft. (iv) Kitchen 250 Sq. ft. (v) Dining hall 800 Sq. ft. (vi) Store 250 Sq.ft. (vii) Recreation room 300 Sq.ft. (viii) Library 500 Sq.ft. (ix) 5 Bathroom 25 Sq.ft. each i.e. 125 Sq. ft. (x) 8 Toilets 25 Sq. ft. i.e. 200 Sq.ft. (xi) Office rooms (a) 300 Sq.ft. (b) Person -in-charge room 200 Sq.ft. (xii) Counselling and Guidance room 120 Sq.ft. (xiii) Workshop 1125 Sq. ft. for 15 children @ of 75 Sq.ft. per trainee (xiv) Residence for Person -in- charge (a) 2 rooms of 250 Sq.ft. each (b) Kitchen 75 Sq.ft. (b) bathroom cum toilet 50 Sq ft. (xv) 2 rooms for Juvenile Justice Board or Child Welfare Committee 300 Sq. ft each i.e. 600 Sq.ft. (xvi) Playground Sufficient area according to total number of children Total 8495 Sq.ft. Ex-324/2019 - 42 - - 43 - 41 (7) The Person-in-charge shall stay within the institution and be provided with quarters and in case he is not able to stay in the Child Care Institution for valid reasons, any other senior staff member of the institution shall stay in the institution and be in a position to supervise the overall care of the children and take decisions in the case of any crisis or emergency. (8) There shall be proper and non- slippery flooring for preventing accidents. (9) There shall be adequate lighting, heating and cooling arrangements, ventilation, safe drinking water, clean and accessible gender and age appropriate and disabled friendly toilets and high walls with barbed wire fencing. (10) All institutions under the Act shall: (i) make provision of first -aid kit, fire extinguishers in kitchen, recreation room, vocational training room, dormitories, store rooms and counselling room; (ii) conduct periodic inspection of electrical installations; (iii) ensu re proper storage and inspection of articles of food; and (iv) ensure stand -by arrangements for water storage and emergency lighting. (11) Special infrastructural facilities and necessary equipment shall be provided to differently - abled children. Such facilities and equipment shall be designed under the guidance of specialists or experts. (12) Other logistical and functional requirements which would be provided may include: (i) computer sets; (ii) photocopiers; (iii) printer, scanner cum fax; (iv) telephone with internet facility; (v) web cam; (vi) furniture for officials, record keeping cabinets, work stations, wheel chair and stretchers for medical room; (vii) chairs and tables for study and dining hall; (viii) projector . 30. Clothing, Bedding, Toiletries and other Articles. – (1) Theclothing and bedding shall be as per the scale and climatic conditions. The requirements of each child and the minimum standards for clothing and bedding shall be as under: 42 A. BEDDING S. No. Article Quantity to be provided per child 1. Mattress 1 at the time of admission and subsequently 1 after every 2 yearsor as per requirement . 2. Cotton Durry 2 at the time of admission and subsequently 2 after every 2 years. 3. Cotton bed sheets 2 at the time of admiss ion and subsequently 1 after every1year or as per requirement 4. Pillow (Cotton stuffed) 1 at the time of admission and subsequently 1 after every 1 year. 5. Pillow covers 2at the time of admission and subsequently 1 after every 1 year. 6. Cotton blankets/ Khes 1at the time of admission and subsequently 1 after every 2 years. 7. Cotton filled quilt 1 at the time of admission and subsequently 1 after every 2 years (in cold region in addition to the blankets). 8. Mosquito net 1 at the time of admission a nd subsequently 1 after every2 years or as per requirement 9. Cotton towels 1at the time of admission and subsequently 1 after everyyearor as per requirement B. Clothing for Girls S. N . Article Quantity per child 1. Skirts and Blouse or SalwarKameez or Half Sari with Blouse and Petticoat 5 sets per year for girls depending on age and regional preferences. 2. Age appropriate undergarments 3 sets every quarter. 3. Sanitary Towels as per need 4. Woollen Sweaters (full sleeves) 2 sweaters yearly. 5. Woollen Sweaters (Half sleeves) 2 sweaters yearly. 6. Woollen Shawls 1 per year. 7. Nightwear 2 sets every year or as per requirement B. Clothing for Boys S. N . Article Quantity per child 1. Shirts 2 at the time of admission and subsequently 1 after every 6 months. 2. Shorts 2 at the time of admission and subsequently 1 after every 6 months for younger boys. 3. Pants 2 at the time of admission and subsequently 1 after every 6 months for older boys. Ex-324/2019 - 42 - - 43 - 42 A. BEDDING S. No. Article Quantity to be provided per child 1. Mattress 1 at the time of admission and subsequently 1 after every 2yearsor as per requirement . 2. Cotton Durry 2 at the time of admission and subsequently 2 after every 2 years. 3. Cotton bed sheets 2 at the time of admiss ion and subsequently 1 after every1year or as per requirement 4. Pillow (Cotton stuffed) 1 at the time of admission and subsequently 1 after every 1 year. 5. Pillow covers 2at the time of admission and subsequently 1 after every 1 year. 6. Cotton blankets/ Khes 1at the time of admission and subsequently 1 after every 2 years. 7. Cotton filled quilt 1 at the time of admission and subsequently 1 after every 2 years (in cold region in addition to the blankets). 8. Mosquito net 1 at the time of admission a nd subsequently 1 after every2 years or as per requirement 9. Cotton towels 1at the time of admission and subsequently 1 after everyyearor as per requirement B. Clothing for Girls S. N . Article Quantity per child 1. Skirts and Blouse or SalwarKameez or Half Sari with Blouse and Petticoat 5 sets per year for girls depending on age and regional preferences. 2. Age appropriate undergarments 3 sets every quarter. 3. Sanitary Towels as per need 4. Woollen Sweaters (full sleeves) 2 sweaters yearly. 5. Woollen Sweaters (Half sleeves) 2 sweaters yearly. 6. Woollen Shawls 1 per year. 7. Nightwear 2 sets every year or as per requirement B. Clothing for Boys S. N . Article Quantity per child 1. Shirts 2 at the time of admission and subsequently 1 after every 6 months. 2. Shorts 2 at the time of admission and subsequently 1 after every 6 months for younger boys. 3. Pants 2 at the time of admission and subsequently 1 after every 6 months for older boys. Ex-324/2019 - 44 - - 45 - 43 4. Age appropriate undergarments 3 sets every quarter. 5. Woollenjerseys(full sleeves) 2 yearly. 6. Woollenjerseys (half sleeves) 2 yearly. 7. Woollen Caps 1 in 1 year. 8. KurtaPyjama for night wear 2 sets every year C. Miscellaneous Articles 1. Slippers 1 pair at the time of admission and subsequently after everyyear or as per requirement 2. Sports shoes 1 pair at the time of admission and subsequently 1 pair after every 1 year. 3. School uniform 2 setseveryyear or as per requirement for children attending schools. 4. School bag 1 every year for children attending schools. 5. School shoes 1pair at the time of admission in school and subsequently 1 pair after everyyearor as per requirement 6. Handkerchiefs As per need 7. Socks 3 Pairs everyyear or as per requirement 8. Stationery As per need. 9. Nightwear 2 sets every 1 year. (2) In addition to the clothing specified above, each child shall be provided, once in three years, with a suit consisting of one white shirt, one pair of shorts or pants, one pair of white canvas shoes and one blazer for use during ceremonial occasions. In the case of girls it shall be one white half sari or one salwarkameez or one white skirt and one white blouse, a pair of white canvas shoes and a blazer. (3) In every hospital attached to the institution where there is provision for in -patient cots, the followi ng scale has to be followed: S. No. Night clothing and bedding Scale for supply 1. Mattress One per bed per 3 years. 2. Cotton bed sheets Four per bed per year. 3. Pillows One per bed per two year. 4. Pillow covers Four per bed per year. 5. Woollen blankets One per bed per 2 years. 44 6. Pyjamas and loose shirts (hospital type for boys) 3 pairs per child per year. 7. Skirts and blouses or salwarkameez for girls 3 pairs per child per year. 8. Cotton durry One per bed per three years. (4) Toiletry: Every resident of the Child Care Institution shall be issued oil, soap and other material as per the following scale: S. No. Items Quantity to be issued per child 1. Hair Oil for grooming the hair 100 ml per month. 2. Toilet soap/ hand wash 2 bars of 100gm per month. 3. Tooth brush 1 in every 3 months. 4. Toothpaste 100gm (a tube) per month. 5. Comb 1 in every 3 month. 6. Shampoo sachets 8 in a month (10ml/ per sachet). 7. Bathing soap 2 bars of 125gm per month. 8. Hair clip/ band 2 bands in 3 month. 9. Moisturiser or cold cream (during winters) 250 ml in a month. (5) For washing of clothes and towels, bed- sheet, etc., the following scale may be followed: (i) Washing soap: 3 soaps for one month (125 gms) or equivalent washing powder; (ii) Whitening or bleaching agent to the extent required only for white clothing. The hospital clothing shall not be mixed with other clothing at the time of washing and if ne cessary, the Superintendent can issue the above items separately for washing of hospital clothing. The superintendent may get installed washing machines, as required. (6) The following items shall be provided for maintaining the Child Care Institutions in a healthy and sanitary condition: Ex-324/2019 - 44 - - 45 - 44 6. Pyjamas and loose shirts (hospital type for boys) 3 pairs per child per year. 7. Skirts and blouses or salwarkameez for girls 3 pairs per child per year. 8. Cotton durry One per bed per three years. (4) Toiletry: Every resident of the Child Care Institution shall be issued oil, soap and other material as per the following scale: S. No. Items Quantity to be issued per child 1. Hair Oil for grooming the hair 100 ml per month. 2. Toilet soap/ hand wash 2 bars of 100gm per month. 3. Tooth brush 1 in every 3 months. 4. Toothpaste 100gm (a tube) per month. 5. Comb 1 in every 3 month. 6. Shampoo sachets 8 in a month (10ml/ per sachet). 7. Bathing soap 2 bars of 125gm per month. 8. Hair clip/ band 2 bands in 3 month. 9. Moisturiser or cold cream (during winters) 250 ml in a month. (5) For washing of clothes and towels, bed- sheet, etc., the following scale may be followed: (i) Washing soap: 3 soaps for one month (125 gms) or equivalent washing powder; (ii) Whitening or bleaching agent to the extent required only for white clothing. The hospital clothing shall not be mixed with other clothing at the time of washing and if ne cessary, the Superintendent can issue the above items separately for washing of hospital clothing. The superintendent may get installed washing machines, as required. (6) The following items shall be provided for maintaining the Child Care Institutions in a healthy and sanitary condition: Ex-324/2019 - 46 - - 47 - 45 S. No. Items Scale of Supply 1. Broom stick 25 to 40 per month depending on the area of the institution. 2. Pesticide spray As per the institution doctor’s advice. 3. Effective bugs killing agent As required. 4. Phenyl and cleaning acid Depending on the area of lavatories to be (daily) cleaned as per institution doctor’s advice. 5. Mosquito repellent machines 2 per room per month with adequate fillets. 31. Sanitation and Hygiene. – (1) Every Child Care Institution shall have the following facilities, namely: (i) sufficient treated drinking water; water filters or RO shall be installed at multiple locations in the premises for easy access such as kitchen, dormitory, recreational rooms etc.; (ii) sufficient water including hot water for bathing and washing clothes, maintenance and cleanliness of the premises; (iii) proper drainage system with regular maintenance; (iv) arrangements for disposal of garbage; (v) protection from mosquitoes by providing mosquito nets or repellants; (vi) annual pest control; (vii) sufficient number of well -lit and airy toilets with proper fittings in the proportion of at least one toilet for seven children; (viii) sufficient number of well -lit and airy bathrooms with proper fittings in the propor tion of at least one bath room for ten children; (ix) sufficient space for washing and drying of clothes; (x) washing machine wherever possible; (xi) clean and fly -proof kitchen and separate area for washing utensils; (xii) sunning of bedding twice every month and clothing on regular basis; (xiii) maintenance of cleanliness in the Medical Centre; (xiv) daily sweeping and wiping of all floors in the home; (xv) cleaning or washing of the toilets and bathrooms twice every day; (xvi) proper washing of vegetables and fruits and hygienic man ner of preparing food; 46 (xvii) cleaning of the kitchen slabs, floor and gas after every meal; (xviii) clean and pest proof store for maintaining food articles and other supplies; (xix) disinfection of the beddings at least once a year; (xx) fumigation of a sick room or isolationroom after every discharge in case of contagious or infectious disease; and (xxi) c leanliness in medical centre. 32. Daily Routine. – (1) Every Child Care Institution shall have a daily routine for children developed in consultation with the Children’s Committees, which shall be prominently displayed at various places within the Child Care Institution. (2) The daily routine may provide, inter alia,for a regulated and disciplined life, personal hygiene and cleanliness, physical exercise, yoga, educational classes, vocational training, organised recreation and games, moral education, group activities, prayer and community singing and special prog rammes for Sundays and holidays and national holidays, festive days, birthdays. 33. Nutrition and Diet Scale. – ( 1) Thefollowing nutrition and diet scale shall be followed by the Child Care Institutions, namely: (i) t he children shall be provided four meals in a day including breakfast; (ii) the menu shall be prepared with the help of a nutritional expert or doctor to ensure balanced diet and variety in taste as per the minimum nutritional standard and diet scale; (iii) Every Child Care Institution shall adhere to the minimum standard and diet scale as suggested below :- S.No. Name of the articles of diet Scale per head per day 1. Rice/Wheat/Ragi/Jowar 600 gms, (700 gms for 16 -18 yrs age) of which atleast 100 gms to be either Wheat or Ragi or Jowar 2. Dal/Rajma/Chana 120 grams 3. Edible oil 25 gms 4. Onion 25 gms 5. Salt 25 gms Ex-324/2019 - 46 - - 47 - 46 (xvii) cleaning of the kitchen slabs, floor and gas after every meal; (xviii) clean and pest proof store for maintaining food articles and other supplies; (xix) disinfection of the beddings at least once a year; (xx) fumigation of a sick room or isolationroom after every discharge in case of contagious or infectious disease; and (xxi) c leanliness in medical centre. 32. Daily Routine. – (1) Every Child Care Institution shall have a daily routine for children developed in consultation with the Children’s Committees, which shall be prominently displayed at various places within the Child Care Institution. (2) The daily routine may provide, inter alia,for a regulated and disciplined life, personal hygiene and cleanliness, physical exercise, yoga, educational classes, vocational training, organised recreation and games, moral education, group activities, prayer and community singing and special prog rammes for Sundays and holidays and national holidays, festive days, birthdays. 33. Nutrition and Diet Scale. – ( 1) Thefollowing nutrition and diet scale shall be followed by the Child Care Institutions, namely: (i) t he children shall be provided four meals in a day including breakfast; (ii) the menu shall be prepared with the help of a nutritional expert or doctor to ensure balanced diet and variety in taste as per the minimum nutritional standard and diet scale; (iii) Every Child Care Institution shall adhere to the minimum standard and diet scale as suggested below :- S.No. Name of the articles of diet Scale per head per day 1. Rice/Wheat/Ragi/Jowar 600 gms, (700 gms for 16 -18 yrs age) of which atleast 100 gms to be either Wheat or Ragi or Jowar 2. Dal/Rajma/Chana 120 grams 3. Edible oil 25 gms 4. Onion 25 gms 5. Salt 25 gms Ex-324/2019 - 48 - - 49 - 47 6. Turmeric 05 gms 7. Spices 15 gms 8. Ginger 05gms 9. Garlic 05 gms 10. Milk (at breakfast) 150 mls 11. Vegetables Leafy Non-leafy 100 gms 130 gms 12. Curd or Milk 100 gms/ml 13. Chicken once a week or Eggs 4 days 115 gms 14. Jaggery& Ground Nut Seeds or Paneer (Vegetarian only) 60 gms each (100 gms for Paneer) once in a week 15. Sugar 40 gms Following items for 50 Children per day 16 . Spices and Condiments 200 gms On Chicken day for 10kg. Of Chicken 17. Spices 310 gms 18. Oil 500 gms For Sick Children 19. Bread 500 gms 20. Milk 500 ml Other Items 21. LP Gas for cooking only (2) Children may be provided special meals on holidays, festivals, sports and cultural day and celebration of national festival. (3) Infants and sick children shall be provided special diet according to the advice of the doctor on their dietary requirement. (4) The requirement of each child shall also be taken into account including need for iron and folic acid supplements. (5) The menu for the day shall be prepared in consultation with the Children’s Committee and shall be displayed in the dining hall. 48 (6) Variation in diet may be as per seasonal and regional var iations, a suggested diet variation is given below: (i) varieties of dal e g., Toor (Arhar), Moong (Green Gram) and Chana (Bengal Gram) may be given alternatively; (ii) on non-vegetarian days, vegetarian children shall be issued with either 60 gms of jaggery and 60 gms of groundnut seeds per head in the shape of laddus or any other sweet dish or 100 gms paneer; (iii) leafy vegetables such as Fenugreek (Methi), Spinach (Palak), Sarson (Mustard leaves) GonguraThotakura or any other saag etc., may also be issued once in a week. If a kitchen garden is attached to any institution, leafy vegetables, should be grown and issued and the Superintendent should try to issue variety of vegetables and see that the same vegetable is not repeated for at least a period of one week; (iv) seasonal fruits shall be provided in a non- repetitive manner in sufficient quantities; (v) the Person-in -charge may make temporary alterations in the scale of diet in individual cases when considered necessary by him, or on the advice of the doctor of the ins titution subject to the condition that the scale laid down is not exceeded. (7) Meal Timing and Menu: (i)Morning Tea with Biscuits –5:30 a.m to 6:00 a.m (ii) Morning Meal – 8:00 a.m. to 8:30 a.m. (a) upma or chapattis made of wheat or ragi or any other dish; (b) chutneys from Gongura or fresh curry leave or fresh coriander or Coconut and Putnadal etc., dal or vegetable may be issued as a dish; (c) milk; (d) any seasonal fruit in sufficient quantity. (iii) Lunch at 12:00 to 1:00 p.m and Dinner –4:30 p.m to5:30 p.m (a) rice or Chapattis or combination of both; (b) vegetable curry; (c) sambar or dal; (d) butter milk or curd. (8) Others: (i) depending on the season, the Person- in-charge shall have the discretion to alter the time for distribution of food; Ex-324/2019 - 48 - - 49 - 48 (6) Variation in diet may be as per seasonal and regional variations, a suggested diet variation is given below: (i) varieties of dal e g., Toor (Arhar), Moong (Green Gram) and Chana (Bengal Gram) may be given alternatively; (ii) on non-vegetarian days, vegetarian children shall be issued with either 60 gms of jaggery and 60 gms of groundnut seeds per head in the shape of laddus or any other sweet dish or 100 gms paneer; (iii) leafy vegetables such as Fenugreek (Methi), Spinach (Palak), Sarson (Mustard leaves) GonguraThotakura or any other saag etc., may also be issued once in a week. If a kitchen garden is attached to any institution, leafy vegetables, should be grown and issued and the Superintendent should try to issue variety of vegetables and see that the same vegetable is not repeated for at least a period of one week; (iv) seasonal fruits shall be provided in a non- repetitive manner in sufficient quantities; (v) the Person-in -charge may make temporary alterations in the scale of diet in individual cases when considered necessary by him, or on the advice of the doctor of the ins titution subject to the condition that the scale laid down is not exceeded. (7) Meal Timing and Menu: (i)Morning Tea with Biscuits –5:30 a.m to 6:00 a.m (ii) Morning Meal – 8:00 a.m. to 8:30 a.m. (a) upma or chapattis made of wheat or ragi or any other dish; (b) chutneys from Gongura or fresh curry leave or fresh coriander or Coconut and Putnadal etc., dal or vegetable may be issued as a dish; (c) milk; (d) any seasonal fruit in sufficient quantity. (iii) Lunch at 12:00 to 1:00 p.m and Dinner –4:30 p.m to5:30 p.m (a) rice or Chapattis or combination of both; (b) vegetable curry; (c) sambar or dal; (d) butter milk or curd. (8) Others: (i) depending on the season, the Person- in-charge shall have the discretion to alter the time for distribution of food; Ex-324/2019 - 50 - - 51 - 49 (ii) on the advice of the institution’s doctor or at the discretion of the Person -in -charge, every sick child who is prevented from taking regular food, on account of his ill - health, may be issued with medical diet as per the scale for sick children; (iii) extra diet for nourishment lik e milk, eggs, sugar and fruits shall be issued to the children on the advice of the institution doctor in addition to the regular diet, to gain weight or for other health reasons and for the purpose of calculation of the daily ration, the sick children sha ll be excluded from the day’s strength; (iv) special lunch or dinner may be provided to the children at the Child Care Institution at the rate fixed by the Person -in -charge of the Child Care Institution, from time to time on national festivals and festival occ asions, including: (a) Republic Day (26th January); (b) Independence Day (15th August); (c) Mahatma Gandhi’s Birth day (2nd October); (d) Children’s Day (14th November); (e) National festivals; (f) Local festivals; (g) Annual Day of the Child Care Institution. (h) Christmas Day (25 thDecember) (i) New Year Day (1 stJanuary) (j) State Day (20 thFebruary) (k) ChapcharKut (l) Good Friday (m) Easter Monday 34. Medical Care .– (1) In all Child Care Institutions, a medical officer shall be made available on call whenever necessary for regular medical checkup and treatment of children. (2) A nurse or a para medic shall be available round the clock in all Child Care Institutions. (3) Every C hild Care Institution may: (i) arrange for medical examination of each child admitted in an institution by the Medical Officer within twenty -four hours of admission and in special cases or medical emergencies immediately; (ii) arrange for a medical examination of child by the Medical Officer at the time of transfer within twenty -four hours before transfer; 50 (iii) maintain a medical record of each child on the basis of monthly medical check -up and provide necessary medical facilities; (iv) ensure that the medical record includes weight and height record, any sickness and treatment, and other physical or mental problems; (v) have facilities for quarterly medical check -ups including dental check -up, eye testing and screening for skin problems and for treatment of children; (vi) ev ery institution to have first aid kit and all staff be trained in handling first aid; (vii) make necessary arrangements for the immunization of children; (viii) take preventive measures in the event of out- break of contagious or infectious diseases; (ix) keep sick children under constant medical supervision; (x) not carry out any surgical intervention in a hospital on any child without the previous consent of his parent or guardian, unless the parent or guardian cannot be contacted and the condition of the child is suc h that any delay would, in the opinion of the medical officer, involve unnecessary suffering or injury to the health of the child or danger to life, or without obtaining a written consent to this effect from the Person- in-charge of the institution; (xi) provide or arrange for regular counselling of every child and ensure specific mental health interventions for those in need of such services, including separate rooms for counselling sessions within the premises of the institution and referral to specialised men tal health centres, where necessary; and (xii) Refersuch children who require specialised drug de -addiction and rehabilitation programme, to an appropriate centre administered by qualified persons where these programmes shall be adopted to the age, gender and other specifications of the child concerned. (4) Baseline investigation of Complete Blood Count (CBC), Urine Routine, HIV, VDRL, Hepatitis B and Hepatitis C tests and allergy or addiction to drugs shall be conducted for all children at the time of entry into the institution as suggested by the doctor after examining the child. (5) Test for pregnancy or diseases for victims of sexual offences shall be conducted, if required by the order of the Board or the Committee or the Children’s Court. In such cases the Distr ict Child Protection Unit shall facilitate following of the procedures laid down in the Medical Termination of Pregnancy Act, 1971, if so needed. Ex-324/2019 - 50 - - 51 - 50 (iii) maintain a medical record of each child on the basis of monthly medical check-up and provide necessary medical facilities; (iv) ensure that the medical record includes weight and height record, any sickness and treatment, and other physical or mental problems; (v) have facilities for quarterly medical check -ups including dental check -up, eye testing and screening for skin problems and for treatment of children; (vi) ev ery institution to have first aid kit and all staff be trained in handling first aid; (vii) make necessary arrangements for the immunization of children; (viii) take preventive measures in the event of out- break of contagious or infectious diseases; (ix) keep sick children under constant medical supervision; (x) not carry out any surgical intervention in a hospital on any child without the previous consent of his parent or guardian, unless the parent or guardian cannot be contacted and the condition of the child is suc h that any delay would, in the opinion of the medical officer, involve unnecessary suffering or injury to the health of the child or danger to life, or without obtaining a written consent to this effect from the Person- in-charge of the institution; (xi) provide or arrange for regular counselling of every child and ensure specific mental health interventions for those in need of such services, including separate rooms for counselling sessions within the premises of the institution and referral to specialised men tal health centres, where necessary; and (xii) Refersuch children who require specialised drug de -addiction and rehabilitation programme, to an appropriate centre administered by qualified persons where these programmes shall be adopted to the age, gender and other specifications of the child concerned. (4) Baseline investigation of Complete Blood Count (CBC), Urine Routine, HIV, VDRL, Hepatitis B and Hepatitis C tests and allergy or addiction to drugs shall be conducted for all children at the time of entry into the institution as suggested by the doctor after examining the child. (5) Test for pregnancy or diseases for victims of sexual offences shall be conducted, if required by the order of the Board or the Committee or the Children’s Court. In such cases the Distr ict Child Protection Unit shall facilitate following of the procedures laid down in the Medical Termination of Pregnancy Act, 1971, if so needed. Ex-324/2019 - 52 - - 53 - 51 (6) The State Government through the District Child Protection Unit shall make provisions for those children diag nosed with special problems such as hormonal problems, immuno -compromised diseases, physical and mental disabilities on the recommendation of the medical officer. The children shall be kept in special care homes or hospitals and avail necessary medical/ psychiatric and psychological support or treatment. (7) All girls who have attained puberty shall undergo health assessment to detect iron deficiency. Necessary dietary plan and medicines shall be prescribed by the nutritionist and appointed doctor, if need be. (8) A psycho- social profile of every child shall be maintained by the Child Care Institution and updated every month. Special observations may be recorded, when required. Person -in -charge of the institution shall ensure that any recommendations made shall be duly complied with. 35. Mental Health. – ( 1) Theenvironment in an institution shall be free from abuse, allowing children to cope with their situation and regain confidence. (2) All persons involved in taking care of the children in an institution shall participate in facilitating an enabling environment and work in collaboration with the therapists as needed. (3) Milieu based interventions and individual therapy are must for every child and shall be provided in all institutions. Explanation. ―For the pur pose of this sub- rule, “milieu based intervention” is a process of recovery, which starts through providing an enabling culture and environment in an institution so as to ensure that each child’s abilities are discovered and they have choices and right to take decisions regarding their life and thus, develop and identify beyond their negative experiences, such intervention which has a critical emotional impact on the child. (4) Individual therapy is a specialised process and each institution shall make provisi ons for it as a critical mental health intervention. (5) Every institution shall have the services of trained counselors or collaboration with external agencies such as child guidance centres, psychology and psychiatric departments or similar Government and n on-Governmental agencies, for specialised and regular individual therapy for the child, (6) The recommendations of mental health experts shall be maintained in every case file, as required. 52 (7) No child shall be administered medication for mental health problems without a psychological evaluation and diagnosis by trained mental health professionals. (8) Medicines should be administered to the children only by trained medical staff and not by any other staff of the Home. 36. Education. – ( 1) every institution shall provide education to all children according to the age and ability, both inside the institution or outside, as per requirement. (2) There shall be a range of educational opportunities including, mainstream inclusive schools, bridge school, open schooling, non- formaleducation and learning where needed. (3) Wherever necessary, extra coaching shall be made available to school going children in the institutions by encouraging volunteer services or tying up with coaching centers or tutors. (4) Specialised trainers and experts shall be appointed to cater to the educational needs of children with special needs either physical or mental. Learning disorders shall be identified, assessed and reported in the Individual Care Plan. Further assistance shall be given to the child by trained professionals. (5) Regularity of the education programme and attendance of the children shall be ensured. (6) Children should be able to avail scholarships, grants and schemes and sponsorships. 37. Vocational Training. – (1) Every Child Care Institution shall provide gainful vocational training to children according to their age, aptitude, interest and ability, both insideoroutside the Child Care Institution. (2) Vocational training shall include occupational therapy, skill and interest based training, aimed at suitable placement at the end of the course. The institute, preferably government recognised, providing vocational training shall give a certificate, on the completion of the course. (3) Where vocational training is offered outside the premises of the Child Care Institution, children shall be escorted for such programmes with proper security planning and services, particularly for children who are at risk. (4) A record shall be maintained for all children attending the programmes and the progress made by each child shall be reviewed. The report in that regard shall be submitted to the Board or the Committee or the Children’s Court, as the case may be, on a quarterly basis. Ex-324/2019 - 52 - - 53 - 52 (7) No child shall be administered medication for mental health problemswithout a psychological evaluation and diagnosis by trained mental health professionals. (8) Medicines should be administered to the children only by trained medical staff and not by any other staff of the Home. 36. Education. – ( 1) every institution shall provide education to all children according to the age and ability, both inside the institution or outside, as per requirement. (2) There shall be a range of educational opportunities including, mainstream inclusive schools, bridge school, open schooling, non- formaleducation and learning where needed. (3) Wherever necessary, extra coaching shall be made available to school going children in the institutions by encouraging volunteer services or tying up with coaching centers or tutors. (4) Specialised trainers and experts shall be appointed to cater to the educational needs of children with special needs either physical or mental. Learning disorders shall be identified, assessed and reported in the Individual Care Plan. Further assistance shall be given to the child by trained professionals. (5) Regularity of the education programme and attendance of the children shall be ensured. (6) Children should be able to avail scholarships, grants and schemes and sponsorships. 37. Vocational Training. – (1) Every Child Care Institution shall provide gainful vocational training to children according to their age, aptitude, interest and ability, both insideoroutside the Child Care Institution. (2) Vocational training shall include occupational therapy, skill and interest based training, aimed at suitable placement at the end of the course. The institute, preferably government recognised, providing vocational training shall give a certificate, on the completion of the course. (3) Where vocational training is offered outside the premises of the Child Care Institution, children shall be escorted for such programmes with proper security planning and services, particularly for children who are at risk. (4) A record shall be maintained for all children attending the programmes and the progress made by each child shall be reviewed. The report in that regard shall be submitted to the Board or the Committee or the Children’s Court, as the case may be, on a quarterly basis. Ex-324/2019 - 54 - - 55 - 53 38.Recreational Facilities. – ( 1) Recreati onal facilities may include indoor and outdoor games, yoga and meditation, music, television, picnic and outings, cultural programmes, gardening and library, etc. (2) Sufficient space shall be made available for outdoor sports and games. (3) Picnic and outings m ay include education fair or science fair, museum, planetarium, botanical garden, zoological garden, etc. (4) Cultural event or sports competition shall be held once in a quarter to showcase talent on festivals or on days of national festivals. (5) Library shall have child friendly environment. There shall be books in regional language, newspapers, children’s magazines, puzzle books, picture books, books in braille, audio and video devices, etc. (6) Space in the home shall be made available for gardening with techni cal input being given by a gardener to the children. (7) Music, dance and art therapy may be included in the list of recreational activities to enhance the healing process of each child. (8) Regularity of the activities shall be maintained with support of institutions and non- governmental organisation, if needed and a report shall be submitted on quarterly basis to the Board or the Committee or the Children’s Court, as the case may be. 39. Management Committee .– (1) Every Child Care Institution shall have a Management Committee for the management of the institution and monitoring the progress of every child. (2) In order to ensure proper care and treatment as per the individual care plans, c hildren shall be grouped on the basis of age, nature of offence or kind of care required, physical and mental health and length of stay. (3) The Management Committee shall comprise of: (i) District Child Protection Officer (District Child Protection Unit) -Chairperson; (ii) One Representative fromBoard Member ofconcerned NGO/CCI–Vice- Chairperson. (iii) Person -in -charge -Member -Secretary; (iv) Legal cum Probation Officer or Protection Officer or Social Worker from District Child Protection Unit – Member 54 (v) Probation Officer or Child Welfare Officer or Case Worker –Member (vi) Psychologist or Counsellor – Member (vii) Workshop Supervisor or vocational Instructor – Member(if any) (viii) Teacher/ Educator – Member (if any) (ix) Social Worker Member of the Board or the Committee -Member (x) Twochild representatives from each of the Children’s Committees – Members; (xi) A ny other special invitee with the consent of the Chairperson. (4) The Management Committee shal l meet at least once every quarter or as per requirement to consider and review: (i) care in the institution, housing, area of activity and type of supervision or interventions required; (ii) medical facilities and treatment; (iii) food, water, sanitation and hygiene conditions; (iv) mental health interventions; (v) individual problems of children and institutional adjustment; (vi) quarterly review of individual care plans; (vii) provision of legal aid services; (viii) vocational training and opportunities for employment; (ix) education and life skills development programmes; (x) social adjustment, r ecreation, group work activities, guidance and counselling; (xi) progress, adjustment and modification of residential programmes to the needs of the children; (xii) planning post-release or post -restoration rehabilitation programme and follow up for a period of two years in collaboration with after care services, as the case may be; (xiii) pre -release or pre- restoration preparation; (xiv) release or restoration; (xv) post release or post -restoration follow -up; (xvi) minimum standards of care, including infrastructure and services avail able; (xvii) daily routine; (xviii) community participation and voluntary participation in the residential life of children such as education, vocational activities, recreation and hobby; Ex-324/2019 - 54 - - 55 - 54 (v) Probation Officer or Child Welfare Officer or Case Worker–Member (vi) Psychologist or Counsellor – Member (vii) Workshop Supervisor or vocational Instructor – Member(if any) (viii) Teacher/ Educator – Member (if any) (ix) Social Worker Member of the Board or the Committee -Member (x) Twochild representatives from each of the Children’s Committees – Members; (xi) A ny other special invitee with the consent of the Chairperson. (4) The Management Committee shal l meet at least once every quarter or as per requirement to consider and review: (i) care in the institution, housing, area of activity and type of supervision or interventions required; (ii) medical facilities and treatment; (iii) food, water, sanitation and hygiene conditions; (iv) mental health interventions; (v) individual problems of children and institutional adjustment; (vi) quarterly review of individual care plans; (vii) provision of legal aid services; (viii) vocational training and opportunities for employment; (ix) education and life skills development programmes; (x) social adjustment, r ecreation, group work activities, guidance and counselling; (xi) progress, adjustment and modification of residential programmes to the needs of the children; (xii) planning post-release or post -restoration rehabilitation programme and follow up for a period of two years in collaboration with after care services, as the case may be; (xiii) pre -release or pre- restoration preparation; (xiv) release or restoration; (xv) post release or post -restoration follow -up; (xvi) minimum standards of care, including infrastructure and services avail able; (xvii) daily routine; (xviii) community participation and voluntary participation in the residential life of children such as education, vocational activities, recreation and hobby; Ex-324/2019 - 56 - - 57 - 55 (xix) all registers as required under the Act and the rules maintained by the institution, duly stamped and signed and to check and verify the registers in the monthly review meetings; (xx) matters concerningChildren’s Committees; and (xxi) any other matter which the Person- in-charge may like to bring up. (5) The Management Committee shall set up a complaint and redressal mechanism in every institution and a Children’s Suggestion Box shall be installed in every institution at a place easily accessible to children away from the office set up and closer to the residence or rooms or dormitories of the children. (6) The key of the Children’s Suggestion Box shall remain in the custody of the Chairperson of the Management Committee and shall be checked either on the first or last week of every monthby the Chairperson of the Management Committee or his representative from District Child Protection Unit, in the presence of the members of the Children’s Committees. (7) If there is a problem or suggestion that requires immediate attention, t he Chairperson of the Management Committee shall call for an emergency meeting of the Management Committee to discuss and take necessary action. (8) The quorum for conducting emergency meetings shall be five members, including two members of Children’s Committees, Chairperson of the Management Committee, Member of the Board or the Committee, as the case may be, and the Person -in -charge of the Child Care Institution. (9) In the event of a serious allegation or complaint against the Person -in -charge of the institut ion, he shall not be part of the emergency meeting and another available member of the Management Committee shall be included in his place. (10) All suggestions received through the suggestion box and action taken as a result of the decisions made in the emerg ency meeting or action required to be taken shall be placed for discussion and review in the monthly meeting of the Management Committee. (11) A Children’s Suggestion Book shall be maintained in every institution where the complaints and action taken by the Ma nagement Committee are duly recorded and such action and follow up shall be communicated to the Children’s Committees after every monthly meeting of the Management Committee. (12) The Board or Committee shall review the Children’s Suggestion Book at least once a month. 56 (13) The complaint box shall be accessible by the Chairperson of the Committee or any other person authorized by him. 40. Children’s Committees. – (1) Person -in -charge of every institution for children shall facilitate the setting up of children’s committees for different age groups of children, that is in the age group of 6 to 10 years, 11 to 15 years and 16 to 18 years and these children’s committees shall be constituted solely by children. (2) Such children’s committee shall be encouraged to participate in following activities: (i) improvement of the condition of the institution; (ii) reviewing the standards of care being followed; (iii) preparing daily rout ine and diet scale; (iv) developing educational, vocational and recreation plans; (v) respecting each other and supporting each other in managing crisis; (vi) reporting abuse and exploitation by peers and caregivers; (vii) creative expression of their views through wall p apers or newsletters or paintings or music or theatre; (viii) management of institution through the Management Committee. (3) The Person-in -charge shall ensure that the children’s committees meet every month and maintain a register for recording their activities and proceedings, and place it before the Management Committee in their monthly meetings. (4) The Person -in -charge shall en sure that the children’s committees are provided with essential support and materials including stationary, space and guidance for effective functioning. (5) The Person -in -charge may, as far as feasible, seek assistance from local voluntary organisations or c hild participation experts for the setting up and functioning of the children’s committees. (6) The local voluntary organisation or child participation expert shall support the children’s committees in the following: (i) electing their leaders and in devising th e procedure to be followed for conducting the elections; (ii) conducting the elections and monthly meetings; Ex-324/2019 - 56 - - 57 - 56 (13) The complaint box shall be accessible by the Chairperson of the Committee or any other person authorized by him. 40. Children’s Committees. – (1) Person -in -charge of every institution for children shall facilitate the setting up of children’s committees for different age groups of children, that is in the age group of 6 to 10 years, 11 to 15 years and 16 to 18 years and these children’s committees shall be constituted solely by children. (2) Such children’s committee shall be encouraged to participate in following activities: (i) improvement of the condition of the institution; (ii) reviewing the standards of care being followed; (iii) preparing daily rout ine and diet scale; (iv) developing educational, vocational and recreation plans; (v) respecting each other and supporting each other in managing crisis; (vi) reporting abuse and exploitation by peers and caregivers; (vii) creative expression of their views through wall p apers or newsletters or paintings or music or theatre; (viii) management of institution through the Management Committee. (3) The Person-in -charge shall ensure that the children’s committees meet every month and maintain a register for recording their activities and proceedings, and place it before the Management Committee in their monthly meetings. (4) The Person -in -charge shall en sure that the children’s committees are provided with essential support and materials including stationary, space and guidance for effective functioning. (5) The Person -in -charge may, as far as feasible, seek assistance from local voluntary organisations or c hild participation experts for the setting up and functioning of the children’s committees. (6) The local voluntary organisation or child participation expert shall support the children’s committees in the following: (i) electing their leaders and in devising th e procedure to be followed for conducting the elections; (ii) conducting the elections and monthly meetings; Ex-324/2019 - 58 - - 59 - 57 (iii) framing rules for the functioning of children’s committees and following it; (iv) maintaining records and Children’s Suggestion Book and other relevant documents; and (v) any other innovative activity. (7) The Management Committee shall seek a report from the Person -in -charge on the setting up and functioning of the children’s committees , review these reports in their monthly meetings and take necessary action or place the same before the Board or the Committee, wherever required. 41. Inspection .– (1) The State Government shall constitute State and district level inspection committees .The committee shall have tenure of two years and the tenure of Chairperson and Members shall be co -terminus with the tenure of the committee. (2) The State Inspection Committee shall comprise of a maximum of seven members from among the State Government, namely the Board or Committee, the State Commission for the Protection of Child Rights, the State Human Rights Commission,State Child Protection Unit , State Adoption Resource Agency, medical and other experts, voluntary organisations and reputed social wor kers. The Member-Secretary, State Child Protection Society shall be the Chairperson of the State Inspection Committee. (3) The State Inspection Committee shall carry out inspections of the Child Care Institutions as defined under sub -section (21) of section ( 2) of the Act housing children in the State in Form 46. (4) The State Inspection Committee shall carry out random inspections of the institutions housing children to determine whether such institution is housing children in need of care and protection. (5) The State Inspection Committee shall submit report to the Secretary of the Department implementing the Act. (6) The State Inspection Committee shall make recommendations for improvement and development of the Institutions in accordance with the provisions of the Act and the rules made thereunder and shall forward the same to the State Child Protection Society or the District Child Protection Unit for appropriate action. (7) The State Inspection Committee shall interact with the children during visits to the institution to determine their well- being and to get their feedback. 58 (8) The District Inspection Committee shall be headed by the Chairperson appointed by the State Government shall comprise of following members: (i) District ProgrammeOfficer of ICDS or District Social Welfare Officer shall be the Chairperson of the District Inspection Committee (ii) District Child Protection Officer as the Member Secretary; Members: (iii) Medical Officer; (iv) one member of the civil society working in the area of child rights, care, protection and w elfare; (v) onemental health expert who has experience of working with children. (9) The District Inspection Committee shall inspect all Child Care Institutions in the district in Form 46. (10) The inspection of the facilities housing children in the district shall be carried out at least once every three months. (11) The District Inspection Committee shall submit the report of the findings to the District Child Protection Unit or the State Government through theState Child Protection Society and shall also make suggestions for improvement and development of the Child Care Institutions in accordance with the provisions of the Act and the rules made thereunder. (12) The District Inspection Committee shall interact with the children during the visits to the institution to determine their well- being and to elicit their feedback. (13) The District Child Protection Unit shall take necessary follow up action on the report of the District Inspection Committee. 42. Evaluation. - (1) The evaluation of functioning of the Board, Committee, special juvenile police units, registered institutions, or recognised fit facilities and persons under the Act may be done by the Central Government or the State Government once in three years through institutions and agencies such as reputed academic institutions, schools of social work of Universities, Management Institutions, multidisciplinary Committee especially constituted for the purpose etc. (2) The findings of the evaluat ion as per sub-rule (1) above shall be shared between the Central and State Governments in order to strengthen and improve the functioning of different structures. Ex-324/2019 - 58 - - 59 - 58 (8) The District Inspection Committee shallbe headed by the Chairperson appointed by the State Government shall comprise of following members: (i) District ProgrammeOfficer of ICDS or District Social Welfare Officer shall be the Chairperson of the District Inspection Committee (ii) District Child Protection Officer as the Member Secretary; Members: (iii) Medical Officer; (iv) one member of the civil society working in the area of child rights, care, protection and w elfare; (v) onemental health expert who has experience of working with children. (9) The District Inspection Committee shall inspect all Child Care Institutions in the district in Form 46. (10) The inspection of the facilities housing children in the district shall be carried out at least once every three months. (11) The District Inspection Committee shall submit the report of the findings to the District Child Protection Unit or the State Government through theState Child Protection Society and shall also make suggestions for improvement and development of the Child Care Institutions in accordance with the provisions of the Act and the rules made thereunder. (12) The District Inspection Committee shall interact with the children during the visits to the institution to determine their well- being and to elicit their feedback. (13) The District Child Protection Unit shall take necessary follow up action on the report of the District Inspection Committee. 42. Evaluation. - (1) The evaluation of functioning of the Board, Committee, special juvenile police units, registered institutions, or recognised fit facilities and persons under the Act may be done by the Central Government or the State Government once in three years through institutions and agencies such as reputed academic institutions, schools of social work of Universities, Management Institutions, multidisciplinary Committee especially constituted for the purpose etc. (2) The findings of the evaluat ion as per sub-rule (1) above shall be shared between the Central and State Governments in order to strengthen and improve the functioning of different structures. Ex-324/2019 - 60 - - 61 - 59 CHAPTER VII ADOPTION 43. Adoption Related Reporting. - (1) The Child Welfare Committees shall, furnish the data relating to children declared legally free for adoption and cases pending for decision to the Authority online in the formats provided in the Adoption Regulations and also to the respective State Adoption Resource Agencies, with the assistance of the District Child Protection Units. (2) For all matters relating to adoption, adoption regulations and guidelines issued by Central Government and State Government’s notification shall apply to all the cases of In -country and Inter -countr y adoptions. 44. Children who are not being adopted after being declared legally free for adoption may be eligible for Foster Care. - (1) The following categories of children may be considered for Foster Care in following circumstances: (i) Children in the age group of 0 to 6 years who are being considered by the Committee as legally free for adoption and those who have been declared legally free for adoption shall not as far as possible be considered for placement in foster care. Such children shall be provided a permanent family through adoption as per Adoption Regulations. (ii) If adoptable children between the age of 6 to 8 years do not get a family either in in- country adoption or in inter -country adoption within a period of two years after they are declared leg ally free for adoption by Child Welfare Committee, such children to be eligible to be placed in family foster care or group foster care, as the case may be, by the Committee on the recommendation of District Child Protection Unit or Specialised Adoption Ag ency. (iii) Children in the age group of 8 to18 years, who are legally free for adoption but have not been selected by any Prospective Adoptive Parent (PAP) for one year to be eligible to be placed in family foster care or group foster care, as the case may be, by the Committee on the recommendation of District Child Protection Unit or Specialised Adoption Agency. (iv) Children with special needs, irrespective of the age, who do not get a family either in in -country adoption or in inter -country adoption within a per iod of one year after 60 they are declared legally free for adoption by Child Welfare Committee, such children to be eligible to be placed in family foster care or group foster care, as the case may be, by the Committee on the recommendation of District Child Protection Unit or Specialised Adoption Agency, provided the Home Study Report of the foster family supports their fitness and group setting has facilities for care of such children. (v) Where the child has remained with a foster family for a minimum of five years other than in pre -adoption foster care, the foster family may apply for adoption and shall be given preference to adopt the child after the child has been declared legally free for adoption and after registering in Child Adoption Resource Information and Guidance System and according to procedures laid down in Adoption Regulations. 45. Procedure before the Court. – ( 1) The procedure for obtaining an Adoption Order from the court concerned would be as provided in Adoption Regulations. (2) The Court, for the purpose of an application for adoption order, shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) and Evidence Act, 1872. The procedure, as laid down in the Juvenile Justice (Care and Protection of Children) Act, 2015 and Adoption Regulations shall be followed. 46. Period for disposal of applications. – (1) The Court shall dispose of an application for making an adoption order within a period of two months from the date of filing of the applic ation, as provided under sub-section (2) of section 61 of the Act and where the judge of the court concerned ordinarily exercising jurisdiction in such matters is not available for a period of more than one month, the applications shall be disposed of with in stipulated time by other senior most judge. (2) No information or Court order regarding adoption disclosing the identity of the child shall be uploaded on any portal except as may be stipulated in Adoption Regulations. 47. Special provision for protection of adopted children .- Any case of offence committed against adopted child shall be dealt as per the law applicable to any other child. 48. Linkage of Child Care Institutions to Specialised Adoption Agencies. -Linkage of Child Care Institutions with Specialized Adoption Agencies for the purpose of adoption shall be governed by the provisions of section 66 of the Act and Adoption Regulations. Ex-324/2019 - 60 - - 61 - 60 they are declared legally free for adoption by Child Welfare Committee, such children to be eligible to be placed in family foster care or group foster care, as the case may be, by the Committee on the recommendation of District ChildProtection Unit or Specialised Adoption Agency, provided the Home Study Report of the foster family supports their fitness and group setting has facilities for care of such children. (v) Where the child has remained with a foster family for a minimum of five years other than in pre -adoption foster care, the foster family may apply for adoption and shall be given preference to adopt the child after the child has been declared legally free for adoption and after registering in Child Adoption Resource Information and Guidance System and according to procedures laid down in Adoption Regulations. 45. Procedure before the Court. – ( 1) The procedure for obtaining an Adoption Order from the court concerned would be as provided in Adoption Regulations. (2) The Court, for the purpose of an application for adoption order, shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) and Evidence Act, 1872. The procedure, as laid down in the Juvenile Justice (Care and Protection of Children) Act, 2015 and Adoption Regulations shall be followed. 46. Period for disposal of applications. – (1) The Court shall dispose of an application for making an adoption order within a period of two months from the date of filing of the applic ation, as provided under sub-section (2) of section 61 of the Act and where the judge of the court concerned ordinarily exercising jurisdiction in such matters is not available for a period of more than one month, the applications shall be disposed of with in stipulated time by other senior most judge. (2) No information or Court order regarding adoption disclosing the identity of the child shall be uploaded on any portal except as may be stipulated in Adoption Regulations. 47. Special provision for protection of adopted children .- Any case of offence committed against adopted child shall be dealt as per the law applicable to any other child. 48. Linkage of Child Care Institutions to Specialised Adoption Agencies. -Linkage of Child Care Institutions with Specialized Adoption Agencies for the purpose of adoption shall be governed by the provisions of section 66 of the Act and Adoption Regulations. Ex-324/2019 - 62 - - 63 - 61 49. Additional Functions of the Authority. – (1)The Authority shall perform the fol lowing functions, in addition to the functions specified in sub -section (1) of section 68 of the Act, namely: (i) receive applications of a non- resident Indian or overseas citizen of India or a foreigner living abroad through authorised adoption agency or Central Authority or the Government Department concerned or an Indian Diplomatic Mission and process the same in terms of sub -section (5) of section 59 of the Act; (ii) receive and process applications received from a foreigner or an overseas citizen of India res iding in India for one year or more, and who is interested in adopting a child from India in terms of sub- section (12) of section 59 of the Act; (iii) issue no-objection certificate in all cases of inter -country adoptions; (iv) issue conformity certificate in the inter -country adoption cases under Article 23 of the 1993 Hague Convention on Protection of Children and Cooperation in respect of Inter -Country Adoption; (v) intimate the immigration authorities of India and the receiving country of the child about the inter -country adoption cases; (vi) maintain Child Adoption Resource Information and Guidance System for transparency in the adoption system; (vii) provide support and guidance to State Adoption Resource Agencies, District Child Protection Units, Specialised Adoption Agencies and other stakeholders of adoption and related matters, through trainings, workshops, exposure visits, consultations, conferences, seminars and other capacity building programmes; (viii) coordinate with State Gover nments and the State Adoption Resource Agencies and advise them in adoption related matters; (ix) establish uniform standards and indicators, relating to- (a) adoption procedure related to orphan, abandoned and surrendered children and also related to relative ad options; (b) quality child care standards in specialised adoption agencies and child care institutions; (c) monitoring and supervision of service providers; (d) standardisation of documents in cases of adoptions; 62 (e) safeguards and ethical practices including online applications for facilitating hassle-free adoptions. (x) conduct research, documentation and publication on adoption related matters; (xi) maintain a comprehensive centralised database relating to children and prospective adoptive parents for the purpose of adopti on in Child Adoption Resource Information and Guidance System; (xii) maintain a confidential centralised database relating to children placed in adoption and adoptive parents in the Child Adoption Resource Information and Guidance System; (xiii) carry out advocacy, awareness and information, education, and communication activities for promoting adoption either by itself or through its associated bodies; (xiv) enter into bilateral agreements with foreign Central Authorities, wherever necessary under the Hague Adoption Convention; and (xv) authorise foreign adoption agencies to process applications of non- resident Indians or overseas citizen of India or foreign prospective adoptive parents for inter- country adoption of Indian children. 50. Terms and conditions of appointment of Members of the Steering Committee of the Authority. – ( 1) aperson for being selected or nominated as a member of the Steering Committee of the Authority shall: (i) be an Indian national; (ii) not be below the age of twenty -five years and above the age of sixty years, and for the member who is an adoptee as per clause (e) of sub -section (1) of section 69 of the Act, the minimum age would be twenty- one years; (iii) not have been convicted or sentencedto imprisonment for an offence under any law for the time being in force; and (iv) not have been removed or dismissed from service of the Central or State Government or a body or corporation owned or controlled by Central or State Government. (2) The members in clause (d) of sub -section (1) of section 69 of the Act, shall be from different zones on rotation basis. Ex-324/2019 - 62 - - 63 - 62 (e) safeguards and ethical practices including online applications for facilitating hassle-free adoptions. (x) conduct research, documentation and publication on adoption related matters; (xi) maintain a comprehensive centralised database relating to children and prospective adoptive parents for the purpose of adopti on in Child Adoption Resource Information and Guidance System; (xii) maintain a confidential centralised database relating to children placed in adoption and adoptive parents in the Child Adoption Resource Information and Guidance System; (xiii) carry out advocacy, awareness and information, education, and communication activities for promoting adoption either by itself or through its associated bodies; (xiv) enter into bilateral agreements with foreign Central Authorities, wherever necessary under the Hague Adoption Convention; and (xv) authorise foreign adoption agencies to process applications of non- resident Indians or overseas citizen of India or foreign prospective adoptive parents for inter- country adoption of Indian children. 50. Terms and conditions of appointment of Members of the Steering Committee of the Authority. – ( 1) aperson for being selected or nominated as a member of the Steering Committee of the Authority shall: (i) be an Indian national; (ii) not be below the age of twenty -five years and above the age of sixty years, and for the member who is an adoptee as per clause (e) of sub -section (1) of section 69 of the Act, the minimum age would be twenty- one years; (iii) not have been convicted or sentencedto imprisonment for an offence under any law for the time being in force; and (iv) not have been removed or dismissed from service of the Central or State Government or a body or corporation owned or controlled by Central or State Government. (2) The members in clause (d) of sub -section (1) of section 69 of the Act, shall be from different zones on rotation basis. Ex-324/2019 - 64 - - 65 - 63 (3) The zones and the States covered for the purpose of selection of the members of the Steering Committee shall be as per the grouping made by Inter -Stat e Council and North- Eastern Council from time to time. The States not covered in any of the zonal councils shall be included in the zone having geographical proximity. (4) The member from the State Adoption Resource Agency would be selected from the State of the zone under consideration on the basis of: (i) number of inspections of Specialised Adoption Agencies conducted by the State Adoption Resource Agency; (ii) regularity in conducting the quarterly meetings of the Specialised Adoption Agencies and uploading of the minutes of such meetings in the Child Adoption Resource Information and Guidance System; (iii) level of data integrity maintained by the State Adoption Resource Agency among the Specialised Adoption Agencies through the District Child Protection Units concerned; (iv) capacity building of stakeholders as well as publicity awareness activities of State Adoption Resource Agencyfor promotion of adoption in the State; and (v) level of coordination with other stakeholders in the State as well as with the Authority. (5) The selected State Adoption Resource Agency would be represented in the Steering Committee by the Secretary of the Department of the State Government dealing with adoption or his representative not below the rank of Deputy Secretary or Joint Director of th e State Government. (6) The members of the Specialised Adoption Agencies would be selected as per the following criteria available in the Child Adoption Resource Information and Guidance System and as per the record available with the Authority: (i) the number o f children given inadoption; (ii) performance and data integrity in the Child Adoption Resource Information and Guidance System; (iii) follow -up of the progress of children placed in adoption; (iv) record keeping and documentation; (v) child care standards; and (vi) no prove n complaint of malpractice against the agency. 64 (7) The Specialised Adoption Agencies shall be represented by their President or Chairperson or General Secretary or Secretary or Managing Trustee or Director or Manager, as the case may be. (8) The selection of the member from the category of advocate or professor in family law shall be from a combined panel of four names, with two names from each category, received from the National Legal Services Authority. (9) The members of the Steering Committee, under clause (e) and (f) of sub- section (1) of section 69 of the Act, shall be selected or nominated by a Committee comprising of: (i) Secretary, Ministry of Women and Child Development as the Chairperson; (ii) Additional Secretary or Joint Secretary in -charge of the Authority in the Ministry of Women and Child Development as member; (iii) O ne external expert in the field of child protection as nominated by the Minister for Women and Child Development, as member; and (iv) Member Secretary of the Steering Committee, as the Member -Convener. (10) The members of the Steering Committee other than ex -officio members shall be appointed with the approval of the Minister for Women and Child Development. (11) The tenure of the members of th e Steering Committee, other than the ex-officio members shall be two years from the date of appointment, unless the member resigns or is removed or attains the age of sixty years. (12) A non- ex-officio member shall not be eligible for a second term. (13) In case o f any vacancy, a new member will be nominated or selected for the remaining period of the tenure from the same State from the same category. (14) A non- ex-officio member of the Steering Committee of the Authority shall cease to be a member if: (i) he resigns as a member, or (ii) he ceases to hold the position by virtue of which he has been represented as a member,or (iii) he is removed on the following grounds: (a) on being adjudged as an insolvent, or (b) is convicted of a criminal offence involving moral turpitude, or, (c) fails to attend three consecutive meetings of the Steering Committee without the leave of the Chairperson of the Steering Committee, or Ex-324/2019 - 64 - - 65 - 64 (7) The Specialised Adoption Agencies shall be represented by their President or Chairperson or General Secretary or Secretary or Managing Trustee or Director or Manager, as the case may be. (8) The selection of the member from the category of advocate or professor in family law shall be from a combined panel of four names, with two names from each category, received from the National Legal Services Authority. (9) The members of the Steering Committee, under clause (e) and (f) of sub- section (1) of section 69 of the Act, shall be selected or nominated by a Committee comprising of: (i) Secretary, Ministry of Women and Child Development as the Chairperson; (ii) Additional Secretary or Joint Secretary in -charge of the Authority in the Ministry of Women and Child Development as member; (iii) O ne external expert in the field of child protection as nominated by the Minister for Women and Child Development, as member; and (iv) Member Secretary of the Steering Committee, as the Member -Convener. (10) The members of the Steering Committee other than ex -officio members shall be appointed with the approval of the Minister for Women and Child Development. (11) The tenure of the members of th e Steering Committee, other than the ex-officio members shall be two years from the date of appointment, unless the member resigns or is removed or attains the age of sixty years. (12) A non- ex-officio member shall not be eligible for a second term. (13) In case o f any vacancy, a new member will be nominated or selected for the remaining period of the tenure from the same State from the same category. (14) A non- ex-officio member of the Steering Committee of the Authority shall cease to be a member if: (i) he resigns as a member, or (ii) he ceases to hold the position by virtue of which he has been represented as a member,or (iii) he is removed on the following grounds: (a) on being adjudged as an insolvent, or (b) is convicted of a criminal offence involving moral turpitude, or, (c) fails to attend three consecutive meetings of the Steering Committee without the leave of the Chairperson of the Steering Committee, or Ex-324/2019 - 66 - - 67 - 65 (d) is found working against the objectives of the adoption programme, the interests of the Authority and is found to be not following the regulations as applicable, or (e) is found divulging any transaction of business or deliberations in the meetings of the Steering Committee or any document or information circulated to them for the purpose, to media or any other agency, without the prior approval or authorisation of the Chairperson, or (f) Is found accepting benefaction from any source that involves conditions or obligations that are contrary to the mandates and objectives of the Authority. (15) A non-ex- officio member other than State Adoption Resource Agency shall be entitled to a sitting fee of Rs.1,000/ -per sitting, for attending a meeting of the Steering Committee, travelling allowance in economy class air fare, hotel accommodation and food bill as per the Central Government Rules. 51. Transaction of business of the Steering Committee of the Authority. – (1) The Steering Committee of the Authority shall meet once in a month. (2) The transaction of business of the Steering Committee may also be convened by circulation in case of urgency and such transaction of business shall have the same effect as if it had been transacted at a formal meeting. (3) A meeting of the Steering Committee shall be convened by the Member -Secretary with the approval of the Chairperson. (4) The meeting notice shall be issued by the Member -Secretary at least seven working days before the actual date of the meeting. (5) An extra ordinary meeting of the Steering Committee may be convened by the Chairperson at any time. (6) Five members of the Steering Committee shall form the quorum for the meeting. (7) The meeting shall be presided over by the Chairperson and in his absence, a member nominated or designated by the Chairperson. (8) All decisions in the Steering Committee shall be taken by majority of the members present excluding the special invitees, if any. (9) In case of tie, the Chairperson shall have the casting vote. (10) The minutes of the meeting will be authenticated by the Member -Secretary after obtaining the approval of the same by the Chairperson . 66 (11) Any other matter relating to the transaction of business of the Steering Committee shall be governed by the procedure adopted by the Steering Committee, whenever required. 52. Annual Report of the Authority. – (1) The Chief Executive Officer or any other officer of the Authority duly authorised by the Chief Executive Officer in this behalf shall cause to be prepared the annual report of the Authority under sub- section (1) of section 71 of the Act on or before the 30 th day of June following the financial year to which that report relates. (2) The annual report prepared under sub- rule (1) shall, after approval by the Steering Committee be signed and authenticated by the Chief Executive Officer. 53. Accounts and audit of the Authority. – (1) The an nual statement of accounts of the Authority for every financial year shall be prepared by the Chief Executive Officer or such officer of the Authority as may be authorised by the Chief Executive Officer in this behalf. (2) The Authority shall forward to the C entral Government quarterly reviews of expenditure incurred and the expenditure likely to be incurred during the remaining part of the financial year. (3) The Chief Executive Officer shall supervise the maintenance of the accounts of the Authority, the compil ation of financial statement and returns and shall also ensure that all account books, connected vouchers and other documents and papers of the Authority required by the office of the Comptroller and Auditor General for the purpose of auditing the accounts of the Authority are placed at the disposal of that office. (4) The accounts of the Authority shall be maintained in the formats prescribed by the office of the Comptroller and Auditor General of India from time to time. (5) The annual statement of accounts sha ll be signed and authenticated by the Chief Executive Officer. (6) The annual statement of accounts of the Authority shall be submitted to the office of the Comptroller and Auditor General on or before the 30 th of June of the following year to which the accounts relate, which shall audit the accounts of the Authority and submit the audit report. (7) The Authority shall, within thirty days of the receipt of the audit report, remedy any defect or irregularity pointed out therein, and submits its report to the Central Government and to the office of the Comptroller and Auditor General about the action taken by it. Ex-324/2019 - 66 - - 67 - 66 (11) Any other matter relating to the transaction of business of the Steering Committee shall be governed by the procedure adopted by the Steering Committee, whenever required. 52. Annual Report of the Authority. – (1) The Chief Executive Officer or any other officer of the Authority duly authorised by the Chief Executive Officer in this behalf shall cause to be prepared the annual report of the Authority under sub- section (1) of section 71 of the Act on or before the 30 th day of June following the financial year to which that report relates. (2) The annual report prepared under sub- rule (1) shall, after approval by the Steering Committee be signed and authenticated by the Chief Executive Officer. 53. Accounts and audit of the Authority. – (1) The an nual statement of accounts of the Authority for every financial year shall be prepared by the Chief Executive Officer or such officer of the Authority as may be authorised by the Chief Executive Officer in this behalf. (2) The Authority shall forward to the C entral Government quarterly reviews of expenditure incurred and the expenditure likely to be incurred during the remaining part of the financial year. (3) The Chief Executive Officer shall supervise the maintenance of the accounts of the Authority, the compil ation of financial statement and returns and shall also ensure that all account books, connected vouchers and other documents and papers of the Authority required by the office of the Comptroller and Auditor General for the purpose of auditing the accounts of the Authority are placed at the disposal of that office. (4) The accounts of the Authority shall be maintained in the formats prescribed by the office of the Comptroller and Auditor General of India from time to time. (5) The annual statement of accounts sha ll be signed and authenticated by the Chief Executive Officer. (6) The annual statement of accounts of the Authority shall be submitted to the office of the Comptroller and Auditor General on or before the 30 th of June of the following year to which the accounts relate, which shall audit the accounts of the Authority and submit the audit report. (7) The Authority shall, within thirty days of the receipt of the audit report, remedy any defect or irregularity pointed out therein, and submits its report to the Central Government and to the office of the Comptroller and Auditor General about the action taken by it. Ex-324/2019 - 68 - - 69 - 67 CHAPTER VIII OFFENCES AGAINST CHILDREN 54. Procedure in cases of offences against children. - (1) A com plaint of an offence against a child may be made by child, family, guardian, friend or teacher of the child, childline services or any other individual or institutions or organisation concerned. (1.a) The committee shall, suomotuor on receipt of any information, complaint or otherwise, pertaining to any offence against a child, direct the police or the District Child Protection Unit to immediately take action for the rescue or recovery of such situation, and to take further action including coordinati on with labor, health, social welfare and any other agencies involved with the care and protection of children; (1.b) The committee shall initiate action against any form of media, person or individual for publishing any matters relating to the children in need of care and protection, which would affect the best interest of the child. (2) On receipt of information in respect of a cognizable offence against a child, the police shall register a First Information Report (FIR) forthwith. (3) On receipt of information of a non- cognizable offence against a child, the police shall make an entry in the Daily Diary which shall be transmitted to the Magistrate concerned forthwith who shall direct appropriate action under sub -section (2) of section 155 of the Code of Criminal Procedure, 1973. (4) In all cases of offences against children, the investigation shall be conducted by the Child Welfare Police Officer. (5) Where any offence under the Act is committed by a Child Care Institution including a Special ised Adoption Agency, the Committee or the Board as the case may be, may pass appropriate orders for placing the children already placed with the Child Care Institution or the Specialised Adoption Agency in any other Child Care Institution or Specialised A doption Agency and recommending the cancellation of the registration and withdrawal of recognition of such institution or agency. (6) Where an FIR is registered against a person working with a Child Care Institution including Specialised Adoption Agency for a ny offence under the Act and the rules, such a person shall be debarred from working directly with the children during the pendency of the criminal case. 68 (7) Where a person has been dismissed from service or is convicted of an offence under the Act and the ru les, he shall stand disqualified from any further appointment. (8) In no case a child shall be placed in a police lock -up or lodged in a jail. (9) The child and his family shall be provided access to paralegal volunteers under the District Legal Service Authorit y. (10) An immediate need assessment of the child will be conducted in terms of the need for food, clothing, emergency medical care, counselling, psychological support and the same shall be immediately extended to the child at the police station. (11) Where a chil d has been subjected to sexual abuse, the child may be referred to the nearest District Hospital or One -Stop Crisis Centre, as the case may be, if locally available. (12) Special children’s rooms may be designated in every Court Complex with facility for separ ate space for children waiting and children who are giving their statement or interview; separate entrances, wherever feasible; video -conferencing facilities for interacting with children, wherever possible; provision for entertainment for children such as books, games, etc. Statements and interviews, other than during trial of children who are, victims, or witnesses, shall be recorded through child friendly procedure in a children’s room. (13) The statement or the interview of the victim/ witness child shall b e conducted while ensuring the following conditions: (i) The Magistrate shall record the statement of the child under section 164 of the Code of Criminal Procedure, 1973 in the Children’s room or, if possible in the child’s place of residence including, home or institution where he or she is residing. (ii) The state ment shall be recorded verbatim as spoken by the child. (iii) The statement may also be recorded by audio -visual means as per the provisions of sub- section (1) of section 164 of the Code of Criminal Procedure, 1973. (iv) The child may be accompanied by parent or guardian or social worker. (14) The Legal Services Authority may provide a support person or para legal volunteer for pre -trial counselling and to accompany the child for recording of the statement who shall also familiarize the child with the Court and Court environment in advance, and where the child is found to have been disturbed by the experience of coming to the Court, orders for video- conferencing may be passed by the Court, on an application moved by the support person or para -legal volunteer or by the Le gal Services Authority, on behalf of the child. Ex-324/2019 - 68 - - 69 - 68 (7) Where a person has been dismissed from service or is convicted of an offence under the Act and the ru les, he shall stand disqualified from any further appointment. (8) In no case a child shall be placed in a police lock -up or lodged in a jail. (9) The child and his family shall be provided access to paralegal volunteers under the District Legal Service Authorit y. (10) An immediate need assessment of the child will be conducted in terms of the need for food, clothing, emergency medical care, counselling, psychological support and the same shall be immediately extended to the child at the police station. (11) Where a chil d has been subjected to sexual abuse, the child may be referred to the nearest District Hospital or One -Stop Crisis Centre, as the case may be, if locally available. (12) Special children’s rooms may be designated in every Court Complex with facility for separ ate space for children waiting and children who are giving their statement or interview; separate entrances, wherever feasible; video -conferencing facilities for interacting with children, wherever possible; provision for entertainment for children such as books, games, etc. Statements and interviews, other than during trial of children who are, victims, or witnesses, shall be recorded through child friendly procedure in a children’s room. (13) The statement or the interview of the victim/ witness child shall b e conducted while ensuring the following conditions: (i) The Magistrate shall record the statement of the child under section 164 of the Code of Criminal Procedure, 1973 in the Children’s room or, if possible in the child’s place of residence including, home or institution where he or she is residing. (ii) The state ment shall be recorded verbatim as spoken by the child. (iii) The statement may also be recorded by audio -visual means as per the provisions of sub- section (1) of section 164 of the Code of Criminal Procedure, 1973. (iv) The child may be accompanied by parent or guardian or social worker. (14) The Legal Services Authority may provide a support person or para legal volunteer for pre -trial counselling and to accompany the child for recording of the statement who shall also familiarize the child with the Court and Court environment in advance, and where the child is found to have been disturbed by the experience of coming to the Court, orders for video- conferencing may be passed by the Court, on an application moved by the support person or para -legal volunteer or by the Le gal Services Authority, on behalf of the child. Ex-324/2019 - 70 - - 71 - 69 (15) If the child victim or witness does not belong to the District or State or Country, the statement or interview or deposition of the child may also be recorded through video conferencing. (16) Where video -confere ncing is not possible, all necessary accommodation, travel expenses for the child and a guardian accompanying the child will be provided as per actualby the State Government or Union Territory Administration. (17) Separate rooms for vulnerable witnesses may b e designated in every Court Complex to record the evidence of child witnesses. (18) During a trial involving children, as far as possible, the following norms may be followed to ensure a child -friendly atmosphere: (i) Parents or guardian(s) shall accompany the child at all times (only if it is in the best interest of the child). If the said person has a conflict of interest, another person of the child’s choice, or fit person, or representative of the fit institution identified, or psychologist appointed by the Committee or Court, shall accompany the child at all times, on approval of the Court. (ii) Psychological counselling may also be provided to the child wherever necessary. (iii) In a situation where parents or guardians may have been involved in the commission of the crime, or where the child is living in a place where the child is at risk of further trauma, and the same is brought to the notice of the Court, or the Court on its own motion shall direct the child to be taken out of the custody or care, or out of such situation and the child should be immediately produced before the Committee. (iv) For the age determination of the victim, in relation to offences against children under the Act, the same procedures mandated for the Board and the Committee under section 94 of the Act to be followed. (v) The language(s) used to be familiar to the child and if needed translators and special educators to be made available. (vi) Before the statement of the child is recorded, the Court to ensure that the child is capable of making a voluntary statement. (vii) No statement of the child to be disregarded as evidence in the trial solely on the basis of the age of the child. (viii) Images or statements admissible in the interview of the child not to be detrimental to the mental or physical well- being of the child. 70 (ix) Length and questions admissible at the interview not to be taxing and to be suitable to the attention span of the child. (x) In case of young children, or otherwise incapacitated child, alternative methods of interaction and evidence collection that is less intimidating to be adopted. (xi) The Court to ensure that at no stage during trial, the child comes face to face with the accused. (xii) Special permission from school and arrangement for remedial classes for days lost to be ensured by the school authorities. (19) The child may be represented, as the case may be, by: (i) a lawyer of his choice, or, (ii) public prosecutor, or, (iii) a lawyer designated or empanelled by the Legal Services Authority. (20) All functionaries of the Court and others concerned may be sensitised on the special needs of children and child rights. (21) After the process of trial: (i) The child or guardian should be informed of the decision of the judicial proceeding and its implication. (ii) The child or guardian should be made aware of his legal options. 55. Procedure in case of offence under section 75 of the Act. – (1) For the purposes of section 75 of the Act and this rule, giving a child in marriage shall be considered as cruelty to the child. On receipt of information of risk of a child being given in marriage, the police or any officer authorised under the Act or under the Prohibition of Child Marriage Act,2006 (6 of 2007), shall produce the child before the Committee for appropriate directions and rehabilitative measures. (2) Where an act of cruelty to a child takes place in a Child Care Institution, or a school, or in any other place of care and protection to the child, considering the best interest of the child, the Board or the Committee or the Children’s Court after consultation with the child and or parents or guardians shall provide alternative rehabilitation for the c hild. (3) A child covered under the Act requiring immediate medical attention shall be provided with required medical care and treatment by a hospital or clinic or facility upon a direction of the Board or the Committee made in this regard, free of cost. A fa ilure to respond immediately resulting in serious injury, irreversible damage or threat to life or death shall be deemed to be Ex-324/2019 - 70 - - 71 - 70 (ix) Length and questions admissible at the interview not to be taxing and to be suitable to the attention span of the child. (x) In case of young children, or otherwise incapacitated child, alternative methods of interaction and evidence collection that is less intimidating to be adopted. (xi) The Court to ensure that at no stage during trial, the child comes face to face with the accused. (xii) Special permission from school and arrangement for remedial classes for days lost to be ensured by the school authorities. (19) The child may be represented, as the case may be, by: (i) a lawyer of his choice, or, (ii) public prosecutor, or, (iii) a lawyer designated or empanelled by the Legal Services Authority. (20) All functionaries of the Court and others concerned may be sensitised on the special needs of children and child rights. (21) After the process of trial: (i) The child or guardian should be informed of the decision of the judicial proceeding and its implication. (ii) The child or guardian should be made aware of his legal options. 55. Procedure in case of offence under section 75 of the Act. – (1) For the purposes of section 75 of the Act and this rule, giving a child in marriage shall be considered as cruelty to the child. On receipt of information of risk of a child being given in marriage, the police or any officer authorised under the Act or under the Prohibition of Child Marriage Act,2006 (6 of 2007), shall produce the child before the Committee for appropriate directions and rehabilitative measures. (2) Where an act of cruelty to a child takes place in a Child Care Institution, or a school, or in any other place of care and protection to the child, considering the best interest of the child, the Board or the Committee or the Children’s Court after consultation with the child and or parents or guardians shall provide alternative rehabilitation for the c hild. (3) A child covered under the Act requiring immediate medical attention shall be provided with required medical care and treatment by a hospital or clinic or facility upon a direction of the Board or the Committee made in this regard, free of cost. A fa ilure to respond immediately resulting in serious injury, irreversible damage or threat to life or death shall be deemed to be Ex-324/2019 - 72 - - 73 - 71 willfulneglect of the child and shall tantamount to cruelty under section 75 of the Act on the direction of the Board or the Com mittee after a detailed inquiry. 56. Procedure in case of offence under section 77 of the Act .– ( 1) Whenever a child is found to be under the influence of, or in possession of intoxicating liquor or narcotic drugs or psychotropic substances or tobacco products, including for the purpose of sale, the police shall enquire as to how the child came under the influence of, or possession of such intoxicating liquor or narcotic drugs or psychotropic substances or tobacco products and shall register an FIR forthwith. (2) The child who has been administered narcotic drugs or psychotropic substances or is found under the influence of the same may be produced either before the Board or the Committee as the case may be, and the Board or the Committee shall pass appropriate orders regarding rehabilitation and de -addiction of the child. (3) In case of a child found to be a ddicted to intoxicating liquor or tobacco products, the child shall be produced before the Committee which shall pass directions for rehabilitation including de -addiction of the child and transfer the child to a fit facility identified for the purpose. (4) In case any child is found to have been administered intoxicating liquor or narcotic drugs or psychotropic substances or tobacco products in a Child Care Institution, the child shall be produced immediately before the Board or the Committee, except in such c ases where the child is not in a position to be produced before the Board or the Committee and requires immediate medical attention. (5) The Board, shall on its own or on complaint received from the Committee, issue directions to the police to register an FIR immediately. (6) The Board or the Committee shall also issue appropriate directions for inquiry as to the circumstances in which such pr oduct entered the Child Care Institution and reached the child and shall recommend appropriate action against the erring officials and the Child Care Institution. (7) The Board or the Committee may also issue directions for transfer of the child to another Ch ild Care Institution as the case may be. (8) Any shop selling intoxicating liquor, tobacco products, must display a message at a prominent place on their shop that giving or selling intoxicating liquor or tobacco products to a 72 child is a punishable crime with upto seven years of rigorous imprisonment and a fine of upto one lakh rupees. (9) All tobacco products and intoxicating liquor must display a message that giving or selling intoxicating liquor or tobacco products to a child is a punishable crime with upto se ven years of rigorous imprisonment and a fine of upto one lakh rupees. (10) Giving or selling of intoxicating liquor, narcotic drugs or psychotropic substances or tobacco products within 200 meters of a Child Care Institution or any other home registered or re cognised under the Act, or the office of a Committee or a Board shall be deemed to be an offence under section 77 of the Act. 57. Procedure in case of offence under section 78 of the Act. – (1) Whenever a child is found to be vending, carrying, supplying or smuggling an intoxicating liquor, narcotic drug, or psychotropic substance, the police shall enquire how and from whom the child came into possession of the intoxicating liquor, narcotic drug, or psychotropic substance and shall register an FIR forthwith. (2) A child who is alleged to have committed an offence under section 78 of the Act shall be produced before the Board, which may transfer the child to the Committee, if the child is also in need of care and protection. 58. Procedure in case of offence under section 80 of the Act. - (1) Where any orphan, abandoned or surrendered child, is offered or given or received for the purpose of adoption without following the procedures as provided in the Act and the rules, the police shall, suomotu, or on receipt of information in that regard register an FIR forthwith. (2) A child who has been so offered, given or received for the purpose of adoption shall be produced before the Committee forthwith whic h shall pass appropriate directions for rehabilitation of the child, including placing such child in a Specialised Adoption Agency. (3) Wherever any offence under section 80 of the Act is committed by a recognized Specialised Adoption Agency or by a person associated with such an agency, the Committee may also pass appropriate orders for placing the other children placed with the Specialised Adoption Agency in any other Child Care Institution or Specialised Adoption Agency. 59. Procedure in case of offence under section 81 of the Act. – ( 1) On receipt of information about the selling or buying of a child, the police shall register an FIR forthwith. Ex-324/2019 - 72 - - 73 - 72 child is a punishable crime withupto seven years of rigorous imprisonment and a fine of upto one lakh rupees. (9) All tobacco products and intoxicating liquor must display a message that giving or selling intoxicating liquor or tobacco products to a child is a punishable crime with upto se ven years of rigorous imprisonment and a fine of upto one lakh rupees. (10) Giving or selling of intoxicating liquor, narcotic drugs or psychotropic substances or tobacco products within 200 meters of a Child Care Institution or any other home registered or re cognised under the Act, or the office of a Committee or a Board shall be deemed to be an offence under section 77 of the Act. 57. Procedure in case of offence under section 78 of the Act. – (1) Whenever a child is found to be vending, carrying, supplying or smuggling an intoxicating liquor, narcotic drug, or psychotropic substance, the police shall enquire how and from whom the child came into possession of the intoxicating liquor, narcotic drug, or psychotropic substance and shall register an FIR forthwith. (2) A child who is alleged to have committed an offence under section 78 of the Act shall be produced before the Board, which may transfer the child to the Committee, if the child is also in need of care and protection. 58. Procedure in case of offence under section 80 of the Act. - (1) Where any orphan, abandoned or surrendered child, is offered or given or received for the purpose of adoption without following the procedures as provided in the Act and the rules, the police shall, suomotu, or on receipt of information in that regard register an FIR forthwith. (2) A child who has been so offered, given or received for the purpose of adoption shall be produced before the Committee forthwith whic h shall pass appropriate directions for rehabilitation of the child, including placing such child in a Specialised Adoption Agency. (3) Wherever any offence under section 80 of the Act is committed by a recognized Specialised Adoption Agency or by a person associated with such an agency, the Committee may also pass appropriate orders for placing the other children placed with the Specialised Adoption Agency in any other Child Care Institution or Specialised Adoption Agency. 59. Procedure in case of offence under section 81 of the Act. – ( 1) On receipt of information about the selling or buying of a child, the police shall register an FIR forthwith. Ex-324/2019 - 74 - - 75 - 73 (2) Giving or agreeing to give, receiving or agreeing to receive any payment or reward in consideration of adoption, except as permitted under the adoption regulations framed by the Authority, towards the adoption fees or service charge or child care corpus by any prospective adoptive parent(s) or parent or guardian of the child or the Specialised Adoption Agency shall amount to an offence under section 81 of the Act and this rule. (3) A child, who has been subjected to buying or selling, shall be produced before the Committee forthwith which shall pass appropriate orders for the rehabilitation of the child. (4) Where any offence under section 81 of the Act is committed by a parent or a guardian of the child or any other person having actual charge or custody of the child, the Committee shall pass appropriate orders for placing the child in a Child Care Institution or fit institution or with a fit person, as the case may be. (5) Where any offen ce under section 81 of the Act is committed by a C hild Care Institution including Specialised Adoption Agency or by a hospital or nursing home or maternity home, or a person associated with such an institution or agency, the Committee may also pass appropr iate orders for placing the other children placed with such Child Care Institution or Specialised Adoption Agency or hospital or nursing home or maternity home in any other Child Care Institution or Specialised Adoption Agency or hospital or nursing home or maternity home, as the case may be. (6) The Committee shall recommend to the State Government that the registration or recognition of such agency or institution or the registration or license of such a hospital or nursing home or maternity home or such associated person under any law for the time being in force shall also be withdrawn. 60. Procedure in case of offence under section 82 of the Act. – ( 1) A complaint of subjecting a child to corporal punishment under section 82 of the Act may be made by the child or any one on his behalf. (2) Every Child Care Institution shall have a complaint box at a prominent place in the building to receive complaints of corporal punishment. (3) The complaint box will be opened in the presence of a representative of the District Child Protection Unit once a month. (4) All such complaints shall be forthwith presented before the Judicial Magistrate of First Class nearest to the Child Care Institution a nd copies thereof shall be forwarded to the Board or the Committee. 74 (5) The Judicial Magistrate shall get the case investigated by the Child Welfare Police Officer concerned and take appropriate measures on receipt of a complaint. (6) The Board or the Committee may consider transferring the child to another Child Care Institution in the best interest of the child who has made the complaint or who has been subjected to corporal punishment. (7) Where the Judicial Magistrate First Class finds that the management of the institution is not cooperating with the inquiry or complying with the orders of the court under sub- section (3) of section 82 of the Act, the Judicial Magistrate First Class will either take cognizance of the offence himself or direct the registration of FIR and proceed against the person in -charge of the management of the institution. (8) Where the Board or the Committee or the State Government issues any directions to the management of the institution in respect of any incident of corporal punishment in the child care institution, the management shall comply with the same. (9) In the event of non- compliance, the Board on its own or on the complaint of the Committee or the State Government shall direct the registration of an FIR under sub -section (3) of section 82 of the Act. (10) Where a person has been dismissed from service or debarred from working directly with children or is convicted of an offence of subjecting a child to corporal punishment under sub- section (2) of section 82 of the Act, he shall stand disqual ified from any further appointment under the Act and the rules. CHAPTER IX MISCELLANEOUS 61. Duties of the Person -in -charge of a Child Care Institution. – ( 1) theprimary responsibility of the Person- in-charge is of maintaining the Child Care Institution and of providing care and protection to the children. (2) The Person- in-charge shall stay within the premises to be readily available as and when required by the chil dren or the staff and in case where an accommodation is not available in the premises, he shall stay at a place in close proximity to the Child Care Institution till such time such accommodation is made available within the premises of the Child Care Insti tution. (3) The general duties and functions of the Person-in -charge shall include, to: - Ex-324/2019 - 74 - - 75 - 74 (5) The Judicial Magistrate shall get the case investigated by the Child Welfare Police Officer concerned and take appropriate measures on receipt of a complaint. (6) The Board or the Committee may consider transferring the child to another Child Care Institution in the best interest of the child who has made the complaint or who has been subjected to corporal punishment. (7) Where the Judicial Magistrate First Class finds that the management of the institution is not cooperating with the inquiry or complying with the orders of the court under sub- section (3) of section 82 of the Act, the Judicial Magistrate First Class will either take cognizance of the offence himself or direct the registration of FIR and proceed against the person in -charge of the management of the institution. (8) Where the Board or the Committee or the State Government issues any directions to the management of the institution in respect of any incident of corporal punishment in the child care institution, the management shall comply with the same. (9) In the event of non- compliance, the Board on its own or on the complaint of the Committee or the State Government shall direct the registration of an FIR under sub -section (3) of section 82 of the Act. (10) Where a person has been dismissed from service or debarred from working directly with children or is convicted of an offence of subjecting a child to corporal punishment under sub- section (2) of section 82 of the Act, he shall stand disqual ified from any further appointment under the Act and the rules. CHAPTER IX MISCELLANEOUS 61. Duties of the Person -in -charge of a Child Care Institution. – ( 1) theprimary responsibility of the Person- in-charge is of maintaining the Child Care Institution and of providing care and protection to the children. (2) The Person- in-charge shall stay within the premises to be readily available as and when required by the chil dren or the staff and in case where an accommodation is not available in the premises, he shall stay at a place in close proximity to the Child Care Institution till such time such accommodation is made available within the premises of the Child Care Insti tution. (3) The general duties and functions of the Person-in -charge shall include, to: - Ex-324/2019 - 76 - - 77 - 75 (i) ensure compliance with the provisions of the Act and the rules and orders made thereunder; (ii) ensure compliance with the orders of the Board or the Committee or the Children’s Court; (iii) provide homely and enabling atmosphere of love, affection, care and concern for children; (iv) strive for the development and welfare of the children; (v) supervise and monitor discipline and well -being of the children and the staff; (vi) plan, implement and coordinate all activities, programmes and operations, including training and treatment programmes or correctional activities as the case may be; (vii) segregate a child suffering from contagious or infectious diseases on the advice of the me dical officer of the institution; (viii) segregate a child wherever required; (ix) ensure observance and follow -up of daily routine activities; (x) organize local and national festivals in the home; (xi) organize trips or excursions or picnics for children; (xii) send a list of children pending inquiry in Form 40 in the Child Care Institution to the Board or the Committee, as the case may be,every weekwith a copy to District Child Protection Unit and bring to the notice of the Board or the Committee, if no date is given for the production of any child before the Board or the Committee; (xiii) allocate duties to personnel; (xiv) maintain standards of care in the Child Care Institution; (xv) ensure proper storage a nd inspection of food stuffs as well as food served; (xvi) maintain the buildings and premises of the Child Care Institution; (xvii) maintain proper hygiene in the home; (xviii) provide accident and fire preventive measures, disaster management within the premises and also keep first aid kit; (xix) make stand-by arrangements for water storage, power back -up, inverters, generators; (xx) ensure careful handling of equipment; 76 (xxi) employ appropriate security measures; (xxii) conduct periodical inspections, including daily inspection and rounds of the Child Care Institutions; (xxiii) take prompt action to meet emergencies; (xxiv) ensure prompt, firm and considerate handling of all disciplinary matters; (xxv) ensure proper and timely maintenance of the case files; (xxvi) maintain all records and registers required under th e Act and these rules; (xxvii) preparethe budget and maintain control over financial matters; (xxviii) organise the meetings of the Management Committee set up under rule 39 of these rules and provide necessary support; (xxix) ensure monthly verification of all records and registers by the Management Committee set up under rule 39 of the rules; (xxx) liaise, co-ordinate and co- operate with the State Child Protection Society and the District Child Protection Unit as and when required; (xxxi) co -ordinate with the legal cum Probation Officer in the District Child Protection Unit or the District or State Legal Services Authority to ensure that every child is legally represented and provided free legal aid and other necessary support. (xxxii) Ensure the production of the child before the Board or the Committee or the Children’s Court on the date of such production and to ensure that the dates for the said purpose are recorded. (4) The Person- in-charge shall inspect the Child Care Institution as often as po ssible but not less than twice a day. He shall make a record of the timings of his inspection and also note his observations in a separate book maintained for the purpose, especially with regard to: (i) maintenance of hygiene and sanitation, (ii) maintenance of o rder, (iii) quality and quantity of food, (iv) hygienic maintenance of food articles and other supplies, (v) hygiene in the medical centre and provisions for medical care, (vi) behaviour of the children and staff, (vii) security arrangements, and (viii) Maintenanceof files, registers and books. Ex-324/2019 - 76 - - 77 - 76 (xxi) employ appropriate security measures; (xxii) conduct periodical inspections, including daily inspection and rounds ofthe Child Care Institutions; (xxiii) take prompt action to meet emergencies; (xxiv) ensure prompt, firm and considerate handling of all disciplinary matters; (xxv) ensure proper and timely maintenance of the case files; (xxvi) maintain all records and registers required under th e Act and these rules; (xxvii) preparethe budget and maintain control over financial matters; (xxviii) organise the meetings of the Management Committee set up under rule 39 of these rules and provide necessary support; (xxix) ensure monthly verification of all records and registers by the Management Committee set up under rule 39 of the rules; (xxx) liaise, co-ordinate and co- operate with the State Child Protection Society and the District Child Protection Unit as and when required; (xxxi) co -ordinate with the legal cum Probation Officer in the District Child Protection Unit or the District or State Legal Services Authority to ensure that every child is legally represented and provided free legal aid and other necessary support. (xxxii) Ensure the production of the child before the Board or the Committee or the Children’s Court on the date of such production and to ensure that the dates for the said purpose are recorded. (4) The Person- in-charge shall inspect the Child Care Institution as often as po ssible but not less than twice a day. He shall make a record of the timings of his inspection and also note his observations in a separate book maintained for the purpose, especially with regard to: (i) maintenance of hygiene and sanitation, (ii) maintenance of o rder, (iii) quality and quantity of food, (iv) hygienic maintenance of food articles and other supplies, (v) hygiene in the medical centre and provisions for medical care, (vi) behaviour of the children and staff, (vii) security arrangements, and (viii) Maintenanceof files, registers and books. Ex-324/2019 - 78 - - 79 - 77 (5) Anything irregular that comes to the notice of the Person-in-charge shall be enquired into and resolved and the date, time and nature of the action taken shall be noted in the book. (6) Where a problem of urgent nature has not been resolved within two working days, the Board or the Committee or the District Child Protection Unit shall be informed. (7) In case the Person -in -charge is on leave or otherwise not available, the duties of the Person -in -charge shall be performed by the C hild Welfare Officer as designated by the Person - in -charge. 62. Duties of the Child Welfare Officer or Case Worker. – (1) Every Child Welfare Officer or Case Worker in the Child Care Institution shall carry out all directions given by the Board or the Committee or the Children’s Court. (2) The Child Welfare Officer or Case Worker shall establish linkages with voluntary worker s and organisations to facilitate rehabilitation and social re- integration of the children and to ensure the necessary follow up. (3) The Child Welfare Officer or Case Worker available in the Child Care Institution at the time of receiving a child shall inter act with the child received with a view to put the child at ease and befriend him and shall supervise the process of receiving of the child. (4) On receipt of information from the police or Child Welfare Police Officer or on arrival of a child in the Child Care Institution, the Child Welfare Officer or Case Worker shall forthwith conduct social investigation of the child through personal interviews with the child and his family members, social agencies and other sources, inquire into antecedents and family history of the child and collect such other material as may be relevant, and submit the Social Investigation Report to the Board or the Committee or the Children’s Court, within fifteen days. (5) All the children in the Child Care Institution shall be assigned to a Child Welfare Officer or Case Worker and such Child Welfare Officer or Case Worker shall be responsible for the child assigned to him in all respects viz. care and development of the child, reporting to the Board or the Committee or the Children’s Cour t about the child or maintaining the child’s record in the Child Care Institution. (6) Upon assignment of the child to a Child Welfare Officer or Case Worker, the Child Welfare Officer or Case Worker shall: (i) Prepare the case file of the child; (ii) Maintain the P rotective Custody Card; 78 (iii) Prepare and maintain the medical record of the child and ensure that the treatment of the child is not interrupted or neglected; (iv) Meet the child every day to ensure his safety, welfare and development; assist the child to adjust to the life in the Child Care Institution. A newly received child shall be met more often than once a day; (v) Gather information about the child within the initial five days to ascertain the child’s education, vocational status and aptitude and emotional status; (vi) Have the necessary medical or mental tests, assessments and examinations of the child conducted; (vii) Study the reports and prepare in consultation with the child and his family members, an individual care plan for the child in Form 7for the period pending inquiry, to be placed in the case file of the child. The Child Welfare Officer or Case Worker may consult the counsellor, psychologists or such other person as he deems fit in this regard; (viii) In keeping with the individual care plan, a daily routine shall be developed for the child and explained to him; (ix) Ensure that the child adheres to the routine activities so developed and take timely reports from the caregivers in this respect; (x) Review periodically the implementation and effectiveness of the individual care plan and if necessary, suitably modify the individual care plan in Form 7and/or the routine activities of the child with the approval of the Management Committee; (xi) Resolve the problems of the child and deal compassionately with t heir difficulties in life in the Home; (xii) Participate in the orientation, monitoring, education, vocational and rehabilitation programmes in respect of the child and attend parent teacher meetings in schools in respect of children assigned to them; (xiii) Attend p roceedings of the Board or the Committee or the Children’s Court and furnish all information and file all reports that may be called for; (xiv) On receiving the copy of the order of declaration of age, to make the necessary changes in the record as regards the age of the child if any change is required and to place the copy of the said order in the case file of the child; (xv) Participate in the pre -release programme and help the child to establish contact which can provide emotional and social support to the child after the release; Ex-324/2019 - 78 - - 79 - 78 (iii) Prepare and maintain the medical record of the child and ensure that the treatment of the child is not interrupted or neglected; (iv) Meet the child every day to ensure his safety, welfare and development; assist the child to adjust tothe life in the Child Care Institution. A newly received child shall be met more often than once a day; (v) Gather information about the child within the initial five days to ascertain the child’s education, vocational status and aptitude and emotional status; (vi) Have the necessary medical or mental tests, assessments and examinations of the child conducted; (vii) Study the reports and prepare in consultation with the child and his family members, an individual care plan for the child in Form 7for the period pending inquiry, to be placed in the case file of the child. The Child Welfare Officer or Case Worker may consult the counsellor, psychologists or such other person as he deems fit in this regard; (viii) In keeping with the individual care plan, a daily routine shall be developed for the child and explained to him; (ix) Ensure that the child adheres to the routine activities so developed and take timely reports from the caregivers in this respect; (x) Review periodically the implementation and effectiveness of the individual care plan and if necessary, suitably modify the individual care plan in Form 7and/or the routine activities of the child with the approval of the Management Committee; (xi) Resolve the problems of the child and deal compassionately with t heir difficulties in life in the Home; (xii) Participate in the orientation, monitoring, education, vocational and rehabilitation programmes in respect of the child and attend parent teacher meetings in schools in respect of children assigned to them; (xiii) Attend p roceedings of the Board or the Committee or the Children’s Court and furnish all information and file all reports that may be called for; (xiv) On receiving the copy of the order of declaration of age, to make the necessary changes in the record as regards the age of the child if any change is required and to place the copy of the said order in the case file of the child; (xv) Participate in the pre -release programme and help the child to establish contact which can provide emotional and social support to the child after the release; Ex-324/2019 - 80 - - 81 - 79 (xvi) Maintain contact with the children after their release and extend help and guidance to them; (xvii) Visit regularly the residence of the child under their supervision and also places of employment or school attended by such child and submit fortnightly reports or as otherwise directed; (xviii) Accompany the child wherever possible from the Board or the Committee or the Children’s Court to Child Care Institution as the case may be; (xix) Maintain record of the next date of production of the child before the Board or the Committee or the Children’s Court or for medical treatment and ensure the production of the child before the Board or the Committee or the Children’s Court or for medical treatment on the said date; (xx) Maintain the registers as may be specified from time to time; (xxi) Any other duty assigned by the Person- in-charge of the Child Care Institution. (7) The Child Welfare Officer or Case Worker who has been assigned the duty of verifying the daily cleaning in the premises of Child Care Institution shall do so twice a day, one after the morning cleaning and the other after the evening cleaning. The Child Welfare Offi cer or Case Worker shall make a note of the same in the House- keeping register. (8) The Child Welfare Officer or Case Worker who has been assigned the duty of verifying the daily cooking shall make a note of the same in the Meals Register, in respect of every meal. 63. Duties of the House Mother or House Father. – (1) Every house father or house mother shall abide by the directions of the Person- in-charge. (2) The general duties, functions and responsibilities of a house father or house mother shall be as follows: (i) handle every child in the Child Care Institution with love and affection; (ii) take proper care of the child and ensure his welfare; (iii) provide each child upon his reception with all necessary supplies like clothing, toiletries and such other items required for daily usage.; (iv) replenish the provisions or supplies as per scale and need of the child; (v) maintain discipline among the children; (vi) ensure that the children maintain personal cleanliness and hygiene; (vii) look after maintenance, sanitation and maintain hygienic surroundings; 80 (viii) implement the daily routine of every child in an effective manner and ensure the participation of the children; (ix) lo ok after safety and security arrangements in the Child Care Institution; (x) escort the children whenever they go out of the Child Care Institution for purposes other than production before the Board or the Committee or the Children’s Court; (xi) report to the Pe rson-in -charge and to the Child Welfare Officer about the child assigned to the Child Welfare Officer; (xii) maintain the registers, relevant to their duties; and (xiii) a ny other duty as may be assigned by the Person- in-charge of the Child Care Institution. 64. Duties of a Probation Officer. – ( 1) On receipt of information from the Police or Child Welfare Police Officer under clause (ii) of sub -section (1) of section 13 of the Act, without waiting for any formal order from the Board, the Probation Officer shall inquire into the circumstances of the child as may have bearing on the inquiry by the Board and submit a social investigation report in Form 6to the Board. (2) The social investigation report should provide for risk assessment, including aggravating and mitigating factors highlighting the circumstances which induced vulnerability such as traffickers or abusers being in the neighbourhood, adult gangs, drug users, accessibility to weapons and drugs, exposure to age inappropriate behaviours, information and material. (3) The Probation Officer shall carry out the directions given by the Board and shall have the following duties, functions and responsibilities: (i) To conduct social investigation of the child in Form 6 ; (ii) To attend the proceedings of the Board and the Children’s Court and to submit reports as and when required; (iii) To clarify the problems of the child and deal with their difficulties in institutional life; (iv) To participate in the orientation, monitoring, education, vocational and rehabilitation programmes; (v) To establish co -operation and understanding between the child and the Person-in - charge; Ex-324/2019 - 80 - - 81 - 80 (viii) implement the daily routine of every child in an effective manner and ensure the participation of the children; (ix) look after safety and security arrangements in the Child Care Institution; (x) escort the children whenever they go out of the Child Care Institution for purposes other than production before the Board or the Committee or the Children’s Court; (xi) report to the Pe rson-in -charge and to the Child Welfare Officer about the child assigned to the Child Welfare Officer; (xii) maintain the registers, relevant to their duties; and (xiii) a ny other duty as may be assigned by the Person- in-charge of the Child Care Institution. 64. Duties of a Probation Officer. – ( 1) On receipt of information from the Police or Child Welfare Police Officer under clause (ii) of sub -section (1) of section 13 of the Act, without waiting for any formal order from the Board, the Probation Officer shall inquire into the circumstances of the child as may have bearing on the inquiry by the Board and submit a social investigation report in Form 6to the Board. (2) The social investigation report should provide for risk assessment, including aggravating and mitigating factors highlighting the circumstances which induced vulnerability such as traffickers or abusers being in the neighbourhood, adult gangs, drug users, accessibility to weapons and drugs, exposure to age inappropriate behaviours, information and material. (3) The Probation Officer shall carry out the directions given by the Board and shall have the following duties, functions and responsibilities: (i) To conduct social investigation of the child in Form 6 ; (ii) To attend the proceedings of the Board and the Children’s Court and to submit reports as and when required; (iii) To clarify the problems of the child and deal with their difficulties in institutional life; (iv) To participate in the orientation, monitoring, education, vocational and rehabilitation programmes; (v) To establish co -operation and understanding between the child and the Person-in - charge; Ex-324/2019 - 82 - - 83 - 81 (vi) To assist the child to develop contacts with family and also provide assistance to family members; (vii) To participate in the pre-release programme and help the child t o establish contacts which could provide emotional and social support to the child after release; (viii) To establish linkages with Probation Officers in other Districts and States for obtaining social investigation report, supervision and follow -up. (ix) To establi sh linkages with voluntary workers and organisations to facilitate rehabilitation and social reintegration of children and to ensure the necessary follow -up; (x) Regular post release follow -up of the child extending help and guidance, enabling and facilitatin gtheir return to social mainstreaming; (xi) To prepare the individual care plan and post release plan for the child; (xii) To supervise children placed on probation as per the individual care plan; (xiii) To make regular visits to the residence of the child under his supervision and places of employment or school attended by such child and submit periodic reports as per Form 10 ; (xiv) To accompany children where ever possible, from the office of the Board to the observation home, special home, place of safety or fit facility as the case may be; (xv) To evaluate the progress of the children in place of safety periodically and prepare the report including psycho-social and forward the same to the Children’s Court; (xvi) To discharge the functions of a monitoring authority where so appointed by the Children’s Court; (xvii) To maintain a diary or register to record his day to day activities such as visits made by him, social investigation reports prepared by him, follow up done by hi m and supervision reports prepared by him; (xviii) To identify alternatives of community services and to establish linkages with voluntary sector for facilitating rehabilitation and social reintegration of children; and (xix) Any other task as may be assigned. 65. Rehabilitation -cum -Placement Officer. – 1) A Rehabilitation -cum -Placement Officer shall be designated in all Child Care Institutions, including place of safety. 82 (2) The Rehabilitation -cum -Placement Officer may have a Master’s Degree in Social Work or Human Resource Management and at least three years’ experience in the field of rehabilitation, employment creation and resource mobilisation. (3) The Rehabilitation -cum -Placement Officer to perform the following functions: (i) Identify the skills and aptitude of the children placed in Child Care Institutions through appropriate mechanism and in consultation with the Child Welfare Officer, Case Worker, Counsellor and Vocational instructor; (ii) Identify and develop linkages with all such agencies that offer vocational and training services with job placement at the end of the course; (iii) Network with persons, corporates, recognised non- governmental organisations and other funding agencies to mobilise resources for sponsoring training program and support for self -employment; (iv) Facilitate and coordinate with agencies, individuals, corporates, recognised non- governmental organisations and other funding agencies to set up vocational training units or workshops in Child Care Institutions as per age, apt itude, interest and ability; (v) Mobilise voluntary vocational instructors who render services to carry out the training sessions in the Child Care Institutions; (vi) Inculcate entrepreneurial skills and facilitate financial and marketing support for self -employment; (vii) Prepare rehabilitation plans keeping in mind the nature of the offence and the personality traits of the child; (viii) Maintain the Rehabilitation Card in Form 14and monitor the progress made by the child on regular basis and submit such progress reports to the Management Committee; (ix) Facilitate the child to get certificates on completion of the education or vocational training courses; (x) Make efforts for ensuring effective placement of each eligible and trained child; (xi) Organise workshops on Rehabilitation programmes and services available under Central and State Government Schemes, spread awareness and facilitate access to such schemes and services; Ex-324/2019 - 82 - - 83 - 82 (2) The Rehabilitation-cum -Placement Officer may have a Master’s Degree in Social Work or Human Resource Management and at least three years’ experience in the field of rehabilitation, employment creation and resource mobilisation. (3) The Rehabilitation -cum -Placement Officer to perform the following functions: (i) Identify the skills and aptitude of the children placed in Child Care Institutions through appropriate mechanism and in consultation with the Child Welfare Officer, Case Worker, Counsellor and Vocational instructor; (ii) Identify and develop linkages with all such agencies that offer vocational and training services with job placement at the end of the course; (iii) Network with persons, corporates, recognised non- governmental organisations and other funding agencies to mobilise resources for sponsoring training program and support for self -employment; (iv) Facilitate and coordinate with agencies, individuals, corporates, recognised non- governmental organisations and other funding agencies to set up vocational training units or workshops in Child Care Institutions as per age, apt itude, interest and ability; (v) Mobilise voluntary vocational instructors who render services to carry out the training sessions in the Child Care Institutions; (vi) Inculcate entrepreneurial skills and facilitate financial and marketing support for self -employment; (vii) Prepare rehabilitation plans keeping in mind the nature of the offence and the personality traits of the child; (viii) Maintain the Rehabilitation Card in Form 14and monitor the progress made by the child on regular basis and submit such progress reports to the Management Committee; (ix) Facilitate the child to get certificates on completion of the education or vocational training courses; (x) Make efforts for ensuring effective placement of each eligible and trained child; (xi) Organise workshops on Rehabilitation programmes and services available under Central and State Government Schemes, spread awareness and facilitate access to such schemes and services; Ex-324/2019 - 84 - - 85 - 83 (xii) Organise workshops on personality development, life skill development, coping skills and stress management and other soft skills to encourage the child to become a productive and responsible citizen; and (xiii) Conduct regular visits to the agencies where the children are placed to monitor their progress and provide any other assistance as may be required. 66. Staff Discipline .– (1) Any dereliction of duty, violation of rules and orders shall be viewed seriously and strict disciplinary action shall be taken or recommended by the Person- in-charge against the erring officials. (2) No staff of the Child Care Institution shall be present at an unauthorised location within the Child Care Institution. (3) No staff of the Child Care Institution shall bring any prohibited article into the Institution. (4) No staff of the Child Care Institution shall consume any addictive substances like liquor, bidi, c igarette, tobacco or any other psychotropic substance within the premises of the Child Care Institution, whether on duty at the relevant time or not or shall report for duty under the influence of any intoxicating substance. (5) No staff of the Child Care Institution shall sell or let for gain any article to any child or have any business dealings with such child or his parent or guardian. (6) No staff of the Child Care Institution shall use any abusive or vulgar language or discuss age -inappropriate topics or watch pornographic material or read obscene literature in the premises of the Child Care Institution. 67. Security measures. - (1) Adequate number of security personnel shall be engaged in every Child Care Institution keeping in mind the category of children housed in the Child Care Institution, age group of children and the purpose of the Child Care Institution and the risk factor to and from the child. (2) While engaging security personnel, preference shall be given to ex -servicemen recruited through the Directorate General of Resettlement or agencies recommended by them. (3) In Child Care Institutions housing girls, female security gu ards would be provided for the security inside the Child Care Institution and male security guards may be engaged for the security of the Child Care Institution from outside. (4) Security personnel should also be available in reserve for any emergency situati on. 84 (5) The Person-in-charge shall ensure that appropriate security measures are employed at all times, including the following: (i) There shall be sufficient number of guards at all times in different shifts to be posted at the points to be identified by the Pe rson-in -charge in consultation with security in - charge and the Department. (ii) Any child, who complains of a medical problem or any other problem at night, shall report to the caregiver concerned. The caregiver shall take such necessary steps as may be requir ed and in case of emergency shall inform the medical officer concerned or the Person- in-charge as the need may be, who shall immediately take appropriate steps. (iii) A duty roster shall be prepared and displayed at some prominent place in the premises of the Child Care Institution by the Person -in -charge. (6) Every caregiver or other staff of the Home, if he comes to know of any incident or probability of unrest amongst the children, shall bring the same to the notice of the Person- in- charge without any loss of time, who shall take necessary steps as the situation demands and shall inform the Board or the Committee of such information or incident as well as the steps take n by him, in writing. (7) The Person -in -charge shall make surprise visits to the Child Care Institution during the night as frequently as possible, but not less than once a week. He shall make a record of the timings of his visit and also note his observations in the register maintained by him in that regard. (8) In a case of disturbance outside the Child Care Institution, the shift in -charge shall immediately inform the police station concerned. (9) In a case of violence or disturbance inside the Child Care Institut ion, the shift in-charge shall take assistance of the police with the permission of the Person -in -charge. The shift in- charge shall first issue a warning to the children. (10) In case of a natural disaster or fire or any such calamity, the shift in -charge shal l take suitable steps for evacuation and safety of the children as per the Disaster Management Protocol as developed by the State Disaster Management Authority for Child Care Institutions. (11) To prepare the officers, children and guards to follow the above steps, a practice drill shall be held once a month, without previous notice by the Person- in-charge. (12) Closed Circuit Television cameras may be installed at all key points such as all entry and exit points to the Child Care Institution, reception, corridors, kitchen, pantry or store room, Ex-324/2019 - 84 - - 85 - 84 (5) The Person-in-charge shall ensure that appropriate security measures are employed at all times, including the following: (i) There shall be sufficient number of guards at all times in different shifts to be posted at the points to be identified by the Pe rson-in -charge in consultation with security in - charge and the Department. (ii) Any child, who complains of a medical problem or any other problem at night, shall report to the caregiver concerned. The caregiver shall take such necessary steps as may be requir ed and in case of emergency shall inform the medical officer concerned or the Person- in-charge as the need may be, who shall immediately take appropriate steps. (iii) A duty roster shall be prepared and displayed at some prominent place in the premises of the Child Care Institution by the Person -in -charge. (6) Every caregiver or other staff of the Home, if he comes to know of any incident or probability of unrest amongst the children, shall bring the same to the notice of the Person- in- charge without any loss of time, who shall take necessary steps as the situation demands and shall inform the Board or the Committee of such information or incident as well as the steps take n by him, in writing. (7) The Person -in -charge shall make surprise visits to the Child Care Institution during the night as frequently as possible, but not less than once a week. He shall make a record of the timings of his visit and also note his observations in the register maintained by him in that regard. (8) In a case of disturbance outside the Child Care Institution, the shift in -charge shall immediately inform the police station concerned. (9) In a case of violence or disturbance inside the Child Care Institut ion, the shift in-charge shall take assistance of the police with the permission of the Person -in -charge. The shift in- charge shall first issue a warning to the children. (10) In case of a natural disaster or fire or any such calamity, the shift in -charge shal l take suitable steps for evacuation and safety of the children as per the Disaster Management Protocol as developed by the State Disaster Management Authority for Child Care Institutions. (11) To prepare the officers, children and guards to follow the above steps, a practice drill shall be held once a month, without previous notice by the Person- in-charge. (12) Closed Circuit Television cameras may be installed at all key points such as all entry and exit points to the Child Care Institution, reception, corridors, kitchen, pantry or store room, Ex-324/2019 - 86 - - 87 - 85 dormitories, entry and exit points of the washrooms with due regard to the privacy and dignity of the children. (13) Adequate number of scanners and metal detectors may be provided in every Child Care Institution. 68. Searches and Seizures. - (1) The Person- in-charge or other authorised functionary of the Home may conduct searches if required, and seize prohibited articles, if found. (2) The procedure in case of seizures shall be as under: (i) any prohibited article found during the search, shall be seized by the Person- in- charge and a list of such seizure prepared; (ii) in case of arms, weapons, articles capable of being used as weapons or tools for criminal activities or addictive substances being found from a child or dor mitory, the Person- in-charge shall conduct an inquiry to ascertain the presence of such articles and the persons responsible for such act; (iii) the Person -in -charge shall furnish his report in this respect to the police and inform the Board or the Committee at the earliest; (iv) the Board may initiate appropriate action upon such report or on the report forwarded by the Committee for disposal of the seized articles; (v) the State Government shall take appropriate action against the person responsible, if such person is an officer of the Child Care Institution or against the agency through whom the said person has been engaged or the Child Care Institution; (vi) the child responsible shall be dealt with in accordance with the Act and the rules made thereunder. (3) All the articles seized shall be destroyed or disposed of having regard to the nature of the articles, on the orders of the competent court, after being satisfied that the seized articles are not required in any inquiry or departmental action against any officer or in any criminal investigation and proceedings. 69. Institutional Management of Children. - A. (1) Every child shall be received by the Person -in -charge of the Child Care Institution or such other official duly authorised by the Person- in-charge to receive a child, referred to as the Receiving Officer. 86 (2) The Receiving Officer shall satisfy himself as regards the identity of the child and in case of any doubt, the Receiving Officer shall promptly inform the Person- in-charge who shall forthwith inform the Board or the Committee and produce the child before the Board or the Committee without any delay. B. Types of Stay at the Child Care Institution. – (1) In case of children in conflict with law, there are three types of stay of children at the C hild Care Institution: (i) protective custody; (ii) overnight protective stay; (iii) rehabilitation stay. (2) Incase of children in need of care and protection, there are two types of stay of children at the Child Care Institution: (i) overni ghtprotective stay; (ii) rehabilitation stay. C. Protective Custody. – (1 ) AProtective Custody Card in Form 41 duly signed by the Board or a custody warrant duly signed by the Children’s Court is required for such stay. (2) Duration of such stay shall be as directed by the Board or the Children’s Court and as extended from time to time by them. (3) Such a stay shall be during the pendency of the inquiry. D. Overnight Protective Stay.– (1) The purpose of the stay is to provide shelter to the child and prevent his being kept overnight at the police station or at any other unsuitable place by providing an alternative. (2) Such stay may be only after 20:00 hrs in the night and till14:00 hrs on the following day. (3) A child shall be permitted to stay at the Child Care Institution for one night on an application seeking overnight protective stay of the child moved by the Child Welfare Police Officer in writing to the Receiving Officer. The application shall be accompanied with a copy of the relevant documents showing the circumstances in which the child was apprehended or found and the medical condition of the child. (4) Upon being satisfied about the identity of the child, the child may be received by the Receiving Officer and Form 42 shall be filled in triplicate. One copy of the form shall be retained as record of the Child Care Institution, one copy shall be handed over to the Child Ex-324/2019 - 86 - - 87 - 86 (2) The Receiving Officer shall satisfy himself as regards the identity of the child and in case of any doubt, the Receiving Officer shall promptly inform the Person- in-charge who shall forthwith inform the Board or the Committee and produce the child before the Board or the Committee without any delay. B. Types of Stay at the Child Care Institution. – (1) In case of children in conflict with law, there are three types of stay of children at the C hild Care Institution: (i) protective custody; (ii) overnight protective stay; (iii) rehabilitation stay. (2) Incase of children in need of care and protection, there are two types of stay of children at the Child Care Institution: (i) overni ghtprotective stay; (ii) rehabilitation stay. C. Protective Custody. – (1 ) AProtective Custody Card in Form 41 duly signed by the Board or a custody warrant duly signed by the Children’s Court is required for such stay. (2) Duration of such stay shall be as directed by the Board or the Children’s Court and as extended from time to time by them. (3) Such a stay shall be during the pendency of the inquiry. D. Overnight Protective Stay.– (1) The purpose of the stay is to provide shelter to the child and prevent his being kept overnight at the police station or at any other unsuitable place by providing an alternative. (2) Such stay may be only after 20:00 hrs in the night and till14:00 hrs on the following day. (3) A child shall be permitted to stay at the Child Care Institution for one night on an application seeking overnight protective stay of the child moved by the Child Welfare Police Officer in writing to the Receiving Officer. The application shall be accompanied with a copy of the relevant documents showing the circumstances in which the child was apprehended or found and the medical condition of the child. (4) Upon being satisfied about the identity of the child, the child may be received by the Receiving Officer and Form 42 shall be filled in triplicate. One copy of the form shall be retained as record of the Child Care Institution, one copy shall be handed over to the Child Ex-324/2019 - 88 - - 89 - 87 Welfare Police Officer and the third copy shall be forwarded to the Board or the Committee concerned for their record. (5) The child shall be handed over to the charge of the Child Welfare Police Officer the next day at the time stated in the form under receipt by the said Child Welfare Police Officer in the copy of the form. (6) I n case of the Child Welfare Police Officer not taking the charge of the child at the designated time, the child shall be produced before the Board concerned or the Committee by the Person -in -charge of the Child Care Institution with a report stating such f act. (7) The particulars of the child shall be entered in the admission and discharge register, noting that the child has been received for overnight protective stay. (8) The child shall be searched physically and all his personal belongings, if any that are found, shall be handed over to the Child Welfare Police Officer who has produced the child and who shall seize the articles and furnish a copy of such seizure to the Receiving Officer. (9) The child shall be provided food to eat and drink, if the child is hungry , irrespective of the time of receiving such child. (10) The child shall be placed for the night in the reception dormitory or the segregation unit as the case may be. E. Rehabilitation Stay. – (1) A child may be sent to the Children’s Home by the Committee for such a stay and to the special home or the place of safety by the Board or the Children’s Court. (2) The child shall be issued the Rehabilitation Card in Form 14 which shall state the duration of stay of the child, unless the duration is shortened by a specific order in that respect by the Board or the Committee or the Children’s Court. F. Procedure to be adopted at the time of receiving the child.– (1) The Recei ving Officer shall follow the following procedure at the time the child is received: (i) a full personal description of the child shall be entered in the admission and discharge register. In case of rehabilitation stay, the date of release of the child shall a lso be noted; (ii) the child shall be searched after explaining the requirements and the process, and with due regard to decency and dignity and all the personal belongings shall be dealt with as stated in rule 72 of these rules. A girl child shall be searched only by a female member of the staff; 88 (iii) the child shall be provided food to eat and drink if the child is hungry, irrespective of the time of receiving such child; (iv) the child shall be provided medical care in case of ill -health, injury, mental ailment, dis ease or addiction requiring immediate attention; (v) the child shall be segregated in specially earmarked dormitory or ward or hospital in case he is suspected to be suffering from contagious or infectious disease requiring special care and caution; (vi) the child shall be asked about any immediate and urgent needs like appearing in an examination or interview, contacting family members. A note of the same or of the fact that no such need is present shall be made by the Receiving Officer and put up before the Chil d Welfare Officer or Case Worker to whom the child is assigned. The said note shall be placed in the case file of the child. (2) Every child received in the Child Care Institution shall be kept for the first fourteen days of his stay in the reception dormitory made specifically for the purpose or the segregation unit, so that the child adjust to the life in the Child Care Institutio n. (3) At the time of placing the child in an institution, the child shall be accompanied by the parent or guardian who shall fill up an undertaking form . G. Procedure to be adopted after the child is received. - (1) The following procedure shall be adopted on the same day or the next day if the child is received in the night: (i) Photograph of the child shall be taken. One photograph shall be kept in the case file of the child and another shall be fixed on the index card with the particulars of the child. A copy shall be kept in an album serially numbered and a copy of the photograph shall be sent to the Board or the Committee as well as to the District Child Protection Unit and be uploaded on the designated portal set up for the purpose; (ii) the child may have a bath and be provided fresh clothes. The caregiver shall issue the child toiletry items, new sets of clothes, bedding and other outfit and equipment as per rule 30 of these rules, a list of which shall be kept in his case file. The provisions will be replenished from time to time as per rule 30of these rules; (iii) the Child Welfare Officer or Case Worker shall familiarise every newly admitted child with the Child Care Institution and its functioning, particularly in the following areas: - Ex-324/2019 - 88 - - 89 - 88 (iii) the child shall be provided food to eat and drink if the child is hungry, irrespective of the time of receiving such child; (iv) the child shall be provided medical care in case of ill-health, injury, mental ailment, dis ease or addiction requiring immediate attention; (v) the child shall be segregated in specially earmarked dormitory or ward or hospital in case he is suspected to be suffering from contagious or infectious disease requiring special care and caution; (vi) the child shall be asked about any immediate and urgent needs like appearing in an examination or interview, contacting family members. A note of the same or of the fact that no such need is present shall be made by the Receiving Officer and put up before the Chil d Welfare Officer or Case Worker to whom the child is assigned. The said note shall be placed in the case file of the child. (2) Every child received in the Child Care Institution shall be kept for the first fourteen days of his stay in the reception dormitory made specifically for the purpose or the segregation unit, so that the child adjust to the life in the Child Care Institutio n. (3) At the time of placing the child in an institution, the child shall be accompanied by the parent or guardian who shall fill up an undertaking form . G. Procedure to be adopted after the child is received. - (1) The following procedure shall be adopted on the same day or the next day if the child is received in the night: (i) Photograph of the child shall be taken. One photograph shall be kept in the case file of the child and another shall be fixed on the index card with the particulars of the child. A copy shall be kept in an album serially numbered and a copy of the photograph shall be sent to the Board or the Committee as well as to the District Child Protection Unit and be uploaded on the designated portal set up for the purpose; (ii) the child may have a bath and be provided fresh clothes. The caregiver shall issue the child toiletry items, new sets of clothes, bedding and other outfit and equipment as per rule 30 of these rules, a list of which shall be kept in his case file. The provisions will be replenished from time to time as per rule 30of these rules; (iii) the Child Welfare Officer or Case Worker shall familiarise every newly admitted child with the Child Care Institution and its functioning, particularly in the following areas: - Ex-324/2019 - 90 - - 91 - 89 (a) personal health, hygiene and sanitation; (b) discipline of the Child Care Institution and code of behaviour; (c) daily routine activities and peer interaction; and (d) rights , responsibilities and obligat ions within the Child Care Institution. (iv) the child shall be examined by the medical officer, who shall record the state of health of the child, and of any wound or mark on his person and any other observation which the medical officer thinks fit and a copy of which shall be placed in the medical record of the child; (v) aChild Welfare Officer or Case Worker shall be assigned to the child by the Person -in -charge. H. Procedure to be adopted during the first fourteen days of receiving the child.– ( 1) The assigned Child Welfare Officer or Case Worker shall interact with the child as often as possible. (2) Within two days of the receipt of the child, if required, he may be examined by a panel of doctors to understand his physical, medical, psychological state and his state of addiction, if any, for assessment of his personality and requirements to assist in the rehabilitation plan to be prepared for him. (3) The Child Welfare Officer or Case Worker assigned to the child shall also interact with the family members of the child, where available. A case history in Form 43shall be prepared and maintained in the case file of the child. Information for the same may be collected through all possible and available sources including the parents or guardians, home, school, friends, employer and community of the child. (4) The Child Welfare Officer or Case Worker shall assess the educational level and vocational aptitude of the child on the basis of tests and interviews, conducted with the assistance of other technical staff. Necessary linkages, in this respect, shall be est ablished with outside specialists and community based welfare agencies, psychologist, psychiatrist, child guidance clinic, hospital and other Government and nongovernmental organisations. I. Procedure to be adopted on the expiry of the first fourteen day s.– (1 ) thechild shall be shifted to one of the regular dormitories and assigned a specific bed, cabinet and study table in that dormitory. (2) Assignment of the dormitory shall be done on the basis of: (i) age; 90 (ii) nature of offence committed by or against the child; (iii) physical and mental status of the child; (iv) children, requiring special care, shall be kept in a different dormitory. (3) An individual care plan in Form 7 of the child shall be prepared by the Child Welfare Officer or Case Worker on the basis of the child's case history, education and vocational aptitude. In case of rehabilitation stay, the care plan shall be formulated for the complete period of the stay an d shall necessarily include any and all directions given by the Board or the Committee or the Children’s Court towards the rehabilitation including bridge courses, formal, informal or continuing education. (4) The Child Welfare Officer or Case Worker shall review the individual care plan and note his opinion in the rehabilitation card in Form 14on the basis of his own observations, interaction with the child and his teachers or instructors and the feedback received from the house father or house mother. (5) The Child Welfare Officer or Case Worker shall also maintain a record of any difficulty faced by the child during his stay at the Child Care Institution with a note of the steps taken to resolve the difficulty. (6) The Child Welfare Officer or Case Worker shall s imilarly keep a record of the complaints made by the child with regard to the facilities in the Child Care Institution with a note of the steps taken thereon. (7) The individual care plan shall be reviewed every fortnight during the initial three months and t hereafter, every month. A report of its effectiveness or inadequacy shall be prepared with reasons for such opinion. J. Procedure to be adopted after three months.– ( 1) theprogress of the child shall be examined, with specific reference to the aims and targets noted in the individual care plan for the child. The progress of the child shall be reviewed and noted in the rehabilitation card in Form 14. (2) The quarterly progress r eport shall be placed before the Management Committee for perusal and consideration. (3) After deliberation by the Management Committee, the individual care plan shall be appropriately modified. The routine of the child and the approach towards rehabilitation of the child shall also be suitably modified. Record of such modified care plan and daily routine shall be maintained in the case file of the child. The progress shall be reviewed and recorded in the rehabilitation card in Form 14. Ex-324/2019 - 90 - - 91 - 90 (ii) nature of offence committed by or against the child; (iii) physical and mental status of the child; (iv) children, requiring special care, shall be kept in a different dormitory. (3) An individual care plan in Form 7of the child shall be prepared by the Child Welfare Officer or Case Worker on the basis of the child's case history, education and vocational aptitude. In case of rehabilitation stay, the care plan shall be formulated for the complete period of the stay an d shall necessarily include any and all directions given by the Board or the Committee or the Children’s Court towards the rehabilitation including bridge courses, formal, informal or continuing education. (4) The Child Welfare Officer or Case Worker shall review the individual care plan and note his opinion in the rehabilitation card in Form 14on the basis of his own observations, interaction with the child and his teachers or instructors and the feedback received from the house father or house mother. (5) The Child Welfare Officer or Case Worker shall also maintain a record of any difficulty faced by the child during his stay at the Child Care Institution with a note of the steps taken to resolve the difficulty. (6) The Child Welfare Officer or Case Worker shall s imilarly keep a record of the complaints made by the child with regard to the facilities in the Child Care Institution with a note of the steps taken thereon. (7) The individual care plan shall be reviewed every fortnight during the initial three months and t hereafter, every month. A report of its effectiveness or inadequacy shall be prepared with reasons for such opinion. J. Procedure to be adopted after three months.– ( 1) theprogress of the child shall be examined, with specific reference to the aims and targets noted in the individual care plan for the child. The progress of the child shall be reviewed and noted in the rehabilitation card in Form 14. (2) The quarterly progress r eport shall be placed before the Management Committee for perusal and consideration. (3) After deliberation by the Management Committee, the individual care plan shall be appropriately modified. The routine of the child and the approach towards rehabilitation of the child shall also be suitably modified. Record of such modified care plan and daily routine shall be maintained in the case file of the child. The progress shall be reviewed and recorded in the rehabilitation card in Form 14. Ex-324/2019 - 92 - - 93 - 91 K.Pre-release planning. – (1) A well -conceived programme of pre -release planning and follow -up of cases discharged from Children’s Home, special homes a nd places of safety shall be organized in all institutions as per the directions of the Board or the Committee or the Children’s Court, shall be sent to the Board or the Co mmittee or the Children’s Court. (2) In the event of a child leaving the Child Care Institution without permission or committing an offence within the institution, the information shall be sent by the Person-in - charge to the police and the family, if known; and the detailed report of circumstances along with the efforts to trace the child if the child is missing, shall be sent to the Board or the Committee or the Children’s Court, as the case may be. L . Daily Routine in the Child Care Institution. – (1 ) Every child shall obey the order of an officer of the Child Care Institution or house representative and shall remain under discipline. (2) Every institution shall have a daily routine for the children in consultation with the Children’s Committee, which shall be prominently displayed at various places within the institution. (3) The daily routine shall include, inter alia, for a regulated and disciplined life, personal hygiene and cleanliness, physical exerci se, yoga, educational classes, vocational training, organised recreation and games, moral education, group activities, prayer and community singing and special programmes for Sundays and holidays. M. Behaviour of the Child.– (1 ) The children in the Child Care Institution will be oriented and trained to follow the rules and standards of good behaviour. (2) Every unacceptable behaviour shall be taken note of by the Children’s Committee and the child found in violation of rules may be made to give an explanation. The Children’s Committee may recommend appropriate action to the Person- in-charge. A copy of the report containing the description of the incident and the action taken thereupon shall be submitted to the Board or the Committee or the Children’s Court by the Person -in -charge within twenty -four hours. A copy of same shall also be placed before the Management Committee for planning a long term strategy for prevention of such incidents. (3) A copy of the report shall be kept in the case fi le of the child concerned. (4) The Person-in -charge may deal with the violation appropriately giving due consideration to the recommendation of the Children’s Committee and the safety and dignity of the child. 92 (5) The Person- in-charge may seek the assistance of the counsellor or the Child Welfare Officer or Case Worker, any non -governmental organisation associated with the Child Care Institution in dealing with the situation. (6) A child showing exceptionally good behaviour shall be considered for appropriate reward or benefits by the Person- in-charge and note of the same shall be placed in the case file of the child. N. Manner of dealing with unacceptable behaviour. - (1) The action taken shall be commensurate with the nature and degree of violation and the age of the child and may be any of the following: (i) formal warning; (ii) assignment of house -keeping tasks; (iii) imposition writing i.e. writing a number of times that he shall not repeat the behaviour; and (iv) forfeiture of privileges viz. permission to watch television, permission to go for outdoor activity, sports and recreation and other preferred activity; (2) No child shall be subject to corporal punishment or any mental harassment including humiliating behaviour affecting the dignity of the child. O. Exceptional Good behaviour. -The following shall be considered good behaviour, namely: - (i) following the rules of discipline and adhering to the routine, assessed over a period of a month; (ii) preventing, any other child from indulging in any unacceptable behaviour or preventing violence; (iii) preventing any mishap by raising an alarm, evacuating other children in case of disaster; (iv) assisting any officer of the Child Care Institution in maintaining order. For the House representatives, in situations that may develop into an emergency, the behaviour before the sounding of the alarm would be considered; (v) informing the Child Welfare Offi cer of any plan of creating unrest or of escape; (vi) inform the Person-in-charge about any prohibited article or contraband; (vii) helping another child to come out of his trauma; (viii) performing exceptionally well in an examination in continuation of his studies, or vocational or rehabilitation courses; Ex-324/2019 - 92 - - 93 - 92 (5) The Person-in-charge may seek the assistance of the counsellor or the Child Welfare Officer or Case Worker, any non -governmental organisation associated with the Child Care Institution in dealing with the situation. (6) A child showing exceptionally good behaviour shall be considered for appropriate reward or benefits by the Person- in-charge and note of the same shall be placed in the case file of the child. N. Manner of dealing with unacceptable behaviour. - (1) The action taken shall be commensurate with the nature and degree of violation and the age of the child and may be any of the following: (i) formal warning; (ii) assignment of house -keeping tasks; (iii) imposition writing i.e. writing a number of times that he shall not repeat the behaviour; and (iv) forfeiture of privileges viz. permission to watch television, permission to go for outdoor activity, sports and recreation and other preferred activity; (2) No child shall be subject to corporal punishment or any mental harassment including humiliating behaviour affecting the dignity of the child. O. Exceptional Good behaviour. -The following shall be considered good behaviour, namely: - (i) following the rules of discipline and adhering to the routine, assessed over a period of a month; (ii) preventing, any other child from indulging in any unacceptable behaviour or preventing violence; (iii) preventing any mishap by raising an alarm, evacuating other children in case of disaster; (iv) assisting any officer of the Child Care Institution in maintaining order. For the House representatives, in situations that may develop into an emergency, the behaviour before the sounding of the alarm would be considered; (v) informing the Child Welfare Offi cer of any plan of creating unrest or of escape; (vi) inform the Person-in-charge about any prohibited article or contraband; (vii) helping another child to come out of his trauma; (viii) performing exceptionally well in an examination in continuation of his studies, or vocational or rehabilitation courses; Ex-324/2019 - 94 - - 95 - 93 (ix) positive and adaptive behaviour; (x) any other good behaviour as found exceptional by the Person- in-charge. P. Reward or Benefi ts for maintaining exceptional behaviour. -The rewards to a child, at such rates as may be fixed by the management of the institution from time to time, may be granted by the Person- in-charge as an encouragement for good work and good behaviour and at the time of release, the reward shall be handed over after obtaining a receipt from the parent or the guardian, who comes to take charge of the child or child himself. 70. Prohibited Articles. – (1 ) Noperson shall bring into the Child Care Institution the following prohibited articles, namely: - (i) intoxicants of any description, psychotropic substances, liquor, ganja, bhang, opium, smack etc; (ii) all explosives, poisonous substances, acid and chemicals, whether fluid or solid of whatever description; (iii) all arms, ammunition and weapons, knives and cutting implements of every kind and articles which are capable of being used as a weapon of whatever description; (iv) all obscene matter; (v) string, rope, chains and all materials which are capable of being converted into string or rope or chains, of whatever description; (vi) wood, bamboo, club, stick, ladder, bricks, stones and earth of every description; (vii) playing cards or other implements for gambling; (viii) tobacco items, pan masala or similar item; (ix) medicine that has not been specifically prescribed; (x) any other article specified in this behalf by the State Government by a general or special order. (2) All bullion, metal, coin, jewellery, ornaments, currency notes, securities and articles of value of every description including electronic items such as mobile phone, digital camera, i - pad, etc,. shall be deposited in safe custody. (3) The disposal of the prohibited articles shall be as per rule 72of these rules. 94 71.Articles found on search and inspection. – (1) The Person- in-charge shall ensure that every child received in the institution is searched, his personal belongings inspected and money or a ny valuables found with the child is kept in the safe custody of the Person -in -charge. In case of search of a female child, the search shall be carried out by female staff only. In every institution, a record of money, valuables and other articles found wi th a child shall be maintained in the "Personal Belongings Register” which shall contain a description of the articles. (2) The entries made in the Personal Belongings Register, relating to each child, shall be read over to the child in the presence of a witness, whose signature shall be obtained in token of the correctness of such entries and it shall be countersigned by the Person -in -charge. 72. Disposal of articles. - (1) The money or valuables belonging to a child shall be disposed of in the following manner, namely: (i) on receipt of a child in an institution, the Person- in-charge shall deposit the money belonging to the child in the bank account of the child; (ii) the valuables, and other articles, if any, shall be kept in safe custody; (iii) when such child is t ransferred from one institution to another, all his money, valuables and other articles, shall be transferred along with the child to the Person - in -charge of the institution to which he has been transferred together with a full and correct statement of the description thereof; (iv) at the time of release of such child, all valuables and other articles kept in safe custody and the money deposited in the name of the child shall be handed over to the parent or guardian, as the case may be, with an entry made in th is behalf in the register and signed by the parent or the guardian; (v) when a child in an institution dies, the valuables and other articles left by the deceased and the money deposited in the name of the child shall be handed over by the Person -in -charge to the parent or guardian of the child; (vi) a receipt shall be obtained from such person for having received such money, valuables and other articles; and (vii) Ifno claimant appears within a period of six months from the date of death or escape of a child, the val uables and other articles and money deposited in the name Ex-324/2019 - 94 - - 95 - 94 71.Articles found on search and inspection. – (1) The Person- in-charge shall ensure that every child received in the institution is searched, his personal belongings inspected and money or a ny valuables found with the child is kept in the safe custody of the Person -in -charge. In case of search of a female child, the search shall be carried out by female staff only. In every institution, a record of money, valuables and other articles found wi th a child shall be maintained in the "Personal Belongings Register” which shall contain a description of the articles. (2) The entries made in the Personal Belongings Register, relating to each child, shall be read over to the child in the presence of a witness, whose signature shall be obtained in token of the correctness of such entries and it shall be countersigned by the Person -in -charge. 72. Disposal of articles. - (1) The money or valuables belonging to a child shall be disposed of in the following manner, namely: (i) on receipt of a child in an institution, the Person- in-charge shall deposit the money belonging to the child in the bank account of the child; (ii) the valuables, and other articles, if any, shall be kept in safe custody; (iii) when such child is t ransferred from one institution to another, all his money, valuables and other articles, shall be transferred along with the child to the Person - in -charge of the institution to which he has been transferred together with a full and correct statement of the description thereof; (iv) at the time of release of such child, all valuables and other articles kept in safe custody and the money deposited in the name of the child shall be handed over to the parent or guardian, as the case may be, with an entry made in th is behalf in the register and signed by the parent or the guardian; (v) when a child in an institution dies, the valuables and other articles left by the deceased and the money deposited in the name of the child shall be handed over by the Person -in -charge to the parent or guardian of the child; (vi) a receipt shall be obtained from such person for having received such money, valuables and other articles; and (vii) Ifno claimant appears within a period of six months from the date of death or escape of a child, the val uables and other articles and money deposited in the name Ex-324/2019 - 96 - - 97 - 95 of the child shall be disposed of as per the decision taken by Management Committee under rule 39of these rules. 73. Maintenance of case file.– (1) The case file of each child maintained in the Child Care Institution in safe custody shall be confidential. (2) The case file shall be produced before the Board or the Committee or the Children’s Court on every date of production of the child for perusal of t he Board or the Committee or the Children’s Court. (3) The case file shall contain the following namely: (i) report of the person or agency who produced the child before the Board or Committee including the report of the police; (ii) copy of FIR or DD entry in case of offence committed by or against the child; (iii) photo ID, if available; (iv) order of assignment of the Case Worker or Child Welfare Officer; (v) case history form; (vi) report of any urgent need of the child; (vii) reports of the Person-in -charge, Probation Officer or Chi ld Welfare Officer, counsellor and caseworker; (viii) the case file of the child maintained in any previous institution, if any; (ix) report of the initial interaction with the child, information from family members, relatives, community, friends and miscellaneous i nformation; (x) source of further information about the child, his family etc.; (xi) observation reports from staff members; (xii) regular health status reports from Medical Officer, drug de -addiction progress reports, as the case may be; (xiii) psycho- social profiling, regular counselling reports, any other mental health intervention report, wherever applicable; (xiv) report of Intelligence Quotient (I.Q) testing, aptitude testing, cognitive assessment, educational or vocational tests, if conducted; (xv) instructions regarding training and treatment programme and special precautions to be taken; 96 (xvi) copy of the personal belongings register; (xvii) copy of order declaring the age of the child; (xviii) leave and other privileges granted; (xix) Rehabilitation Card; (xx) quarterly progress report; (xxi) individual care plan, including pre -release programme, post release plan and follow -up plan as prescribed and modifications therein; (xxii) fortnightly and monthly report of the effectiveness of the care plan; (xxiii) record of difficulties faced by the child and their resolution; (xxiv) record of the complaints of the child and action taken on them; (xxv) feedback given by the child; (xxvi) leave of absence or release under supervision; (xxvii) report about a visitor visiting the child being found to have objectionable or prohibited articles; (xxviii) report of the child having such articles and action taken on the same; (xxix) report of any unacceptable behaviour and outcome; (xxx) report of any exceptional behavi our and outcome; (xxxi) special achievements and violation of rules, if any; (xxxii) note of the rewards or earnings of the child and receipt by the child or his parent or guardian; (xxxiii) release or restoration order; (xxxiv) escort order, if any; (xxxv) compliance report of release in case of children under rehabilitation intervention stay; (xxxvi) report of the child not being released and compliance report of the directions issued on non- release of a child; (xxxvii) follow-up reports; (xxxviii) annual photograph; (xxxix) follow -up report of post release cases as per the direction of the Board or the Committee or the Children’s Court; Ex-324/2019 - 96 - - 97 - 96 (xvi) copy of the personal belongings register; (xvii) copy of order declaring the age of the child; (xviii) leave and other privileges granted; (xix) Rehabilitation Card; (xx) quarterly progress report; (xxi) individual care plan, including pre-release programme, post release plan and follow -up plan as prescribed and modifications therein; (xxii) fortnightly and monthly report of the effectiveness of the care plan; (xxiii) record of difficulties faced by the child and their resolution; (xxiv) record of the complaints of the child and action taken on them; (xxv) feedback given by the child; (xxvi) leave of absence or release under supervision; (xxvii) report about a visitor visiting the child being found to have objectionable or prohibited articles; (xxviii) report of the child having such articles and action taken on the same; (xxix) report of any unacceptable behaviour and outcome; (xxx) report of any exceptional behavi our and outcome; (xxxi) special achievements and violation of rules, if any; (xxxii) note of the rewards or earnings of the child and receipt by the child or his parent or guardian; (xxxiii) release or restoration order; (xxxiv) escort order, if any; (xxxv) compliance report of release in case of children under rehabilitation intervention stay; (xxxvi) report of the child not being released and compliance report of the directions issued on non- release of a child; (xxxvii) follow-up reports; (xxxviii) annual photograph; (xxxix) follow -up report of post release cases as per the direction of the Board or the Committee or the Children’s Court; Ex-324/2019 - 98 - - 99 - 97 (xl) copy of any other report called by the Board or the Committee or the Children’s Court in respect of the child; and (xli) Remarks, if any. (4) The medical record of a child shall contain all reports and records of the child regarding the status of his physical and mental health, addiction status and treatment, etc. (5) It shall be the responsibility of the Child Welfare Officer or Case Worker concerned to maintain the case file. (6) All the case files maintained by the institutions may be computerised and the State Government may develop appropriate processes for the same. 74. Visits to and communication with children. - (1) Every child in the Child Care Institution may be perm itted to have one meeting in a week with his relatives: Provided that in special cases, where parents or guardians have travelled a long distance from another State or District, the Person- in-charge may allow the parents or guardians entry into the premises and a meeting with their children on other days on confirmation of their identity and they being reported not to have been involved in subjecting the child to abuse and exploitation. (2) A newly received child shall be permitted to meet his parent or guardian or family member on their first visit on any day. (3) No meeting shall be permitted with the parent or guardian or relatives where such visitors have been found to be involved in subjecting the child to violence, abuse and exploita tion or carrying any prohibited articles, except with the express permission granted by the Board or the Committee or the Children’s Court or when such meeting has been specifically directed by the counsellor of the child. (4) Every child shall be allowed to write two letters in a week to his parent or guardian or to his relatives. Necessary stationary and postage for the letters shall be provided by the Person -in - charge. (5) The Person -in -charge may peruse any letter written by or to the child and may for reasons to be noted in the case file of the child, refuse to deliver or issue the letter. A report of the same shall be prepared and placed before the Management Committee. A copy of the report shall be retained on the case file and another copy shall be sent to the Board or the Children’s Court or the Committee. 98 (6) Every child shall be allowed to bring any written communication for the purpose of handing over to the Board or the Committee or the Children’s Court, as the case may be, and be provided stationary, etc. for the same. (7) The Person -in -charge may allow a child to speak with his parents or guardians on telephone once a week under supervision of the Child Welfare Officer or Case Worker or Probation Officer and record shall be duly maintained of such calls. (8) Every person desiring to meet the child shall, before t he meeting, disclose his name and address with proof, which shall be noted in the visitors register and signed by the visitor. Copy of the photo identity card containing the address and a photograph of the visitor to be taken before the meeting, shall be r etained by the institution. If the visitor refuses to disclose his particulars, he shall be denied the meeting. (9) The visitor shall, submit himself for a search at the main gate, female visitors shall be searched by female staff only. (10) Every meeting shall t ake place in the presence of the Child Welfare Officer or Case Worker or Probation Officer of the Child Care Institution, who shall be responsible for any irregularity that occurs and who shall be so placed that he is able to see and to prevent any objecti onable or prohibited article being passed between the parties. (11) Every child shall be carefully searched before and after the meeting in the presence of visitor. The child should not be having anything with him before he goes for the meeting. (12) If any object ionable or prohibited article is found in the search conducted before the meeting: (i) the said article shall be seized; (ii) the Person -in -charge shall conduct an inquiry to know the identity of the person(s) responsible for the article reaching the child; (iii) if the person(s) responsible are from the staff of the Child Care Institution, appropriate action will be initiated against them; and (iv) a detailed report of the inquiry and its result shall be forwarded to the Department and the Board or court of competent criminal jurisdiction. (13) If any objectionable or prohibited article is found in the search conducted after the meeting: (i) the article shall be seized; Ex-324/2019 - 98 - - 99 - 98 (6) Every child shall be allowed to bring any written communication for the purpose of handing over to the Board or the Committee or the Children’s Court, as the case may be, and be provided stationary, etc. for the same. (7) The Person -in -charge may allow a child to speak with his parents or guardians on telephone once a week under supervision of the Child Welfare Officer or Case Worker or Probation Officer and record shall be duly maintained of such calls. (8) Every person desiring to meet the child shall, before t he meeting, disclose his name and address with proof, which shall be noted in the visitors register and signed by the visitor. Copy of the photo identity card containing the address and a photograph of the visitor to be taken before the meeting, shall be r etained by the institution. If the visitor refuses to disclose his particulars, he shall be denied the meeting. (9) The visitor shall, submit himself for a search at the main gate, female visitors shall be searched by female staff only. (10) Every meeting shall t ake place in the presence of the Child Welfare Officer or Case Worker or Probation Officer of the Child Care Institution, who shall be responsible for any irregularity that occurs and who shall be so placed that he is able to see and to prevent any objecti onable or prohibited article being passed between the parties. (11) Every child shall be carefully searched before and after the meeting in the presence of visitor. The child should not be having anything with him before he goes for the meeting. (12) If any object ionable or prohibited article is found in the search conducted before the meeting: (i) the said article shall be seized; (ii) the Person -in -charge shall conduct an inquiry to know the identity of the person(s) responsible for the article reaching the child; (iii) if the person(s) responsible are from the staff of the Child Care Institution, appropriate action will be initiated against them; and (iv) a detailed report of the inquiry and its result shall be forwarded to the Department and the Board or court of competent criminal jurisdiction. (13) If any objectionable or prohibited article is found in the search conducted after the meeting: (i) the article shall be seized; Ex-324/2019 - 100 - - 101 - 99 (ii) in case of any illegal article being found warranting legal action, the article and the visitor shall be detained and the police informed. The visitor and such article shall be handed over to the police; (iii) a report of such visitor shall be prepared and placed in the case file of the child; (iv) a report of the incident shall be forwarded to the Board or court of competent criminal jurisdiction; and (v) Copy of the report shall be placed in the case file of the child. (14) Any child who abuses the privilege of meeting shall be denied the same for such period as the Person -in -charge may direct. A report of the same shall be sent to the Board or the Committee or the Children’s Court and a copy shall be retained in the case fil e of the child. (15) Every child shall be entitled to communicate with his legal counsel provided that: (i) the rules of search and seizure shall apply to all legal counsels also; (ii) every such interview shall take place within the sight of a home official, though at a safe distance so as to be out of hearing; (iii) the person wishing to have an interview with the child in the capacity of his advocate shall apply in writing, giving his name, address and enrolment number with a copy of a vakalatnama, duly attested by the Board or the Committee or the Children’s Court; (iv) Any child who claims to have no counsel shall be permitted to meet the legal aid counsels who visit the Child Care Institution in the normal course. 75. Death of a Child. – (1) On the occurrence of any case of death or suicide of a child in a Child Care Institution, the procedure to be adopted shall be as under: (i) The institution must ensure that an inquest and post -mortem examination is held at the earliest. (ii) In case of natural death or death due to illness of a child, the Person- in-charge shall obtain a report of the Medical Officer stating the cause of death and a written intimation about the death shall be given immediately to the nearest Police Station, Board or Committee , District Child Protection Unit and the parents or guardians or relatives of the child. (iii) Immediate information shall be given by the case- worker or Probation Officer or Child Welfare Officer to the Person -in -charge and the Medical Officer and the 100 Person -in -ch arge shall immediately inform the nearest police station, Board or Committee and parents or guardians or relatives of the deceased child. (iv) If a child dies within twenty -four hours of his admission to the Child Care Institution, the Person- in-charge of the Child Care Institution shall report the matter to the police and the District Medical Officer or the nearest Government hospital and the parents or guardians or relatives of such child without delay. (v) The Person -in -charge and the Medical Offi cer of the Child Care Institution shall record the circumstances of the death of the child and send a report to the concerned Magistrate, the police, the Board or the Committee or the Children’s Court and the District Medical Officer or the nearest Governm ent hospital where the dead body of the child is sent for examination and determination of the cause of death and the person -in charge and the Medical Officer shall also record in writing their views on the cause of death, if any, and submit it to the conc erned Magistrate and to the police. (vi) The Person -in -charge and the Medical Officer at the Child Care Institution shall make themselves available for any inquiry initiated by the police or the Magistrate regarding the cause of death and other details regardi ng such child. (vii) As soon as the inquest is over, the body of the child shall be handed over to the parent or guardian or relatives or, in the absence of any claimant, the last rites shall be performed under the supervision of the Person- in-charge of the Chi ld Care Institution in accordance with the known religion of the child after retaining a photograph of the child for future reference. 76. Abuse and Exploitation of the Child. - (1) Every institution shall evolve a system of ensuring that there is no abuse, neglect and maltreatment and shall include the staff who is aware of what constitutes abuse, neglect and maltreatment, and their early indication and how to respond to these abuses . (2) In the event of any physical, sexual or emotional abuse, including neglect of children in an institution by those responsible for care and protection, the following action shall be taken namely: (i) the incidents of abuse and exploitation shall be re ported by any staff member of the institution immediately to the Person -in -charge on receiving such information; Ex-324/2019 - 100 - - 101 - 100 Person-in -ch arge shall immediately inform the nearest police station, Board or Committee and parents or guardians or relatives of the deceased child. (iv) If a child dies within twenty -four hours of his admission to the Child Care Institution, the Person- in-charge of the Child Care Institution shall report the matter to the police and the District Medical Officer or the nearest Government hospital and the parents or guardians or relatives of such child without delay. (v) The Person -in -charge and the Medical Offi cer of the Child Care Institution shall record the circumstances of the death of the child and send a report to the concerned Magistrate, the police, the Board or the Committee or the Children’s Court and the District Medical Officer or the nearest Governm ent hospital where the dead body of the child is sent for examination and determination of the cause of death and the person -in charge and the Medical Officer shall also record in writing their views on the cause of death, if any, and submit it to the conc erned Magistrate and to the police. (vi) The Person -in -charge and the Medical Officer at the Child Care Institution shall make themselves available for any inquiry initiated by the police or the Magistrate regarding the cause of death and other details regardi ng such child. (vii) As soon as the inquest is over, the body of the child shall be handed over to the parent or guardian or relatives or, in the absence of any claimant, the last rites shall be performed under the supervision of the Person- in-charge of the Chi ld Care Institution in accordance with the known religion of the child after retaining a photograph of the child for future reference. 76. Abuse and Exploitation of the Child. - (1) Every institution shall evolve a system of ensuring that there is no abuse, neglect and maltreatment and shall include the staff who is aware of what constitutes abuse, neglect and maltreatment, and their early indication and how to respond to these abuses . (2) In the event of any physical, sexual or emotional abuse, including neglect of children in an institution by those responsible for care and protection, the following action shall be taken namely: (i) the incidents of abuse and exploitation shall be re ported by any staff member of the institution immediately to the Person -in -charge on receiving such information; Ex-324/2019 - 102 - - 103 - 101 (ii) when an allegation of physical, sexual or emotional abuse comes to the knowledge of the Person-incharge, a report shall be placed before the B oard or Committee, who in turn shall, order for special investigation; (iii) the Board or Committee shall direct the local police station or Special Juvenile Police Unit to register a case, take due cognizance of such incidents and conduct necessary investigati on; (iv) the Board or Committee shall take necessary steps to ensure completion of inquiry and provide legal aid as well as counselling to the child victim; (v) the Board or Committee shall transfer such a child to another institution or place of safety or fit person, as the case may be; (vi) the Person-in -charge of the institution shall also inform the Chairperson of the Management Committee and place a copy of the report of the incident and subsequent action taken in its next meeting; (vii) in the event of any other crim e committed in respect of children in institutions, the Board or Committee shall take cognizance and arrange for necessary investigation to be carried out by the local police or Special Juvenile Police Unit; (viii) t he Board or Committee may consult Children’s Committee setup in each institution to enquire into the fact of abuse and exploitation as well as seek assistance from voluntary organisations, child rights experts, mental health experts or crisis intervention centres in dealing with matters of abuse and exploitation of children in an institution. 77. Maintenance of Registers. - (1) The persons mentioned in column (3) shall maintain registers and forms under the Act and the rules made thereunder in column (2) whose custodian shall be the persons mentioned in column (4) thereof as under: TABLE S.No. (1) Register and forms (2) To be maintained by (3) Custodian (4) 1. Admission and Discharge Register which will indicate change of nature of custody. Child Welfare Officer/Case Worker/Receiving Officer Person -incharge 2. Attendance Registers for staff and children. Shift Incharge Person -incharge 102 3. Budget Statement file. Store keeper cum Accountant Person -incharge 4. Case file of each child. Child Welfare Officer or Case Worker Person -incharge 5. Cash Book,Stock register, cheque register, fixed assets register, pay roll of st aff, TA/DA register Store keeper cum Account ant Person -incharge 6. Children’s Suggestion Book. Children's Committee Person -incharge 7. Counselling Register. Counsellor Person -incharge 8. Drug de -addiction programme enrolment and progress register. Child Welfare Officer/ Case Worker Person -incharge 9. Handing over Charge Register. Shift Incharge Person -incharge 10. House -keeping and Sanitation Register. House Parent Person -incharge 11. Inspection Book. Person -in-charge Person -incharge 12. Legal Services Register. Child Welfare Officer/ Case Worker Person -incharge 13. Library Register Staff in Charge Person -incharge 14. Log Book. Driver Person -incharge 15. Meals Register/Nutrition Diet File. House Parent Shift Incharge 16. Medical File of each child. Staff Nurse / Paramedical Staff Person -incharge 17. Meeting Book. Child Welfare Officer/ Case Worker Person -incharge 18. Minutes Register of Children’s Committees. Child Welfare Officer/ Case Worker Person -incharge 19. Minutes Register of Management Committee. Person -in-charge Person -incharge 20. Order Book. Staff in charge Person -incharge 21. Personal Belongings Register. Child Welfare Officer/Case Worker / House Parent Person -incharge 22. Production Register Probation Officer/ Child Welfare Officer/ Case Worker Person -incharge 23. Staff Movement Register. Incharge of Security Person -incharge 24. Stock Register. Store keeper cum accountant Person -incharge 25. Visitor ’s Book General Visitors Book Family/ Guardian/ Relatives Visitors Book House Parent / Security Guard Person -incharge 78. Openness and Transparency. - (1) All Child Care Institutions shall be open to visitors with the permission of the Board or the Committee or the Person- in-charge, who may allow voluntary organisations, social workers, researchers, doctors, academicians, and such other persons as the Management Committee may Ex-324/2019 - 102 - - 103 - 102 3. Budget Statement file. Store keeper cum Accountant Person -incharge 4. Case file of each child. Child Welfare Officer or Case Worker Person -incharge 5. Cash Book,Stock register, cheque register, fixed assets register, pay roll of st aff, TA/DA register Store keeper cum Account ant Person -incharge 6. Children’s Suggestion Book. Children's Committee Person -incharge 7. Counselling Register. Counsellor Person -incharge 8. Drug de -addiction programme enrolment and progress register. Child Welfare Officer/ Case Worker Person -incharge 9. Handing over Charge Register. Shift Incharge Person -incharge 10. House -keeping and Sanitation Register. House Parent Person -incharge 11. Inspection Book. Person -in-charge Person -incharge 12. Legal Services Register. Child Welfare Officer/ Case Worker Person -incharge 13. Library Register Staff in Charge Person -incharge 14. Log Book. Driver Person -incharge 15. Meals Register/Nutrition Diet File. House Parent Shift Incharge 16. Medical File of each child. Staff Nurse / Paramedical Staff Person -incharge 17. Meeting Book. Child Welfare Officer/ Case Worker Person -incharge 18. Minutes Register of Children’s Committees. Child Welfare Officer/ Case Worker Person -incharge 19. Minutes Register of Management Committee. Person -in-charge Person -incharge 20. Order Book. Staff in charge Person -incharge 21. Personal Belongings Register. Child Welfare Officer/Case Worker / House Parent Person -incharge 22. Production Register Probation Officer/ Child Welfare Officer/ Case Worker Person -incharge 23. Staff Movement Register. Incharge of Security Person -incharge 24. Stock Register. Store keeper cum accountant Person -incharge 25. Visitor ’s Book General Visitors Book Family/ Guardian/ Relatives Visitors Book House Parent / Security Guard Person -incharge 78. Openness and Transparency. - (1) All Child Care Institutions shall be open to visitors with the permission of the Board or the Committee or the Person- in-charge, who may allow voluntary organisations, social workers, researchers, doctors, academicians, and such other persons as the Management Committee may Ex-324/2019 - 104 - - 105 - 103 permit or consider appropriate keeping in view the security, welfare and the interest of the children. (2) Where permission referred to in sub-rule(1) is given by the Person -in -charge, he shall make a monthly report of such permission including the orders received from the Board or the Committee to the State Child Protection Society and also to the Board or the Committee, as the case may be. (3) The Person- in-charge of the Child Care institution shall encourage active involvement of the loca l community and corporates in improving the condition in the institution or support the child. (4) The Person- in-charge shall maintain a visitors’ book to record the remarks of the visitors. (5) The Person -in -charge shall take all steps to inform the visitors to maintain the dignity of children. 79. Release of a child from a Child Care Institution. – ( 1) The Person -in -charge of the Child Care Institution shall maintain a roster of the cases of children to be released on the expiry of the period of stay as ordered by the Board or the Committee or the Children’s Court. (2) The timely information of the release of a child and of the exact date of release shall be given to the parent or guardian and the parent or guardian shall be called to the Child Care Institution to take charge of the child on that date and if necessary, the actual expenses of the parent’s or guardian’s journey both ways and of the child’s journey from the Child Care Institution shall be paid to the parent or guardian by the Person- in-charge at the time of the release of the child. (3) If the parent or guardian, as the case may be, fails to come and take charge of the child on the appointed date, the child shall be taken by the escort of the Child Care Institution; and in case of a girl, she shall be escorted by a female escort who shall hand over the custody to her parent/guardian. (4) At the time of release or discharge, a child may be provided with a set of suitable clothing and essential toiletries. (5) When the child attains the age of eighteen years, he may be placed, if eligible, in an aftercare programme, subject to the consent of the child and th e approval of the Board or the Committee or the Children’s Court. 104 (6) In case the date of release falls on a Sunday or a public holiday, the child may be discharged on the preceding day with an entry to that effect being made in the register of discharge. (7) Th e Person -in -charge of the Child Care Institution may in appropriate cases, order the payment of subsistence money, at such rates as may be fixed from time to time, by the State Government, and the railway and/or road fares, as the case may be. (8) Where a girl child has no place to go after release and requests for stay in the Child Care Institution after the period of stay is over, the Person- in-charge may, subject to the approval of the Board or the Committee or the Children’s Court, allow her stay only f or a limited period till the time, some other suita ble arrangement is made by her. 80. Child suffering from disease requiring prolonged medical treatment in an approved place and transfer of a child who is mentally ill or addicted to alcohol or other drugs. - (1) The Board or the Committee or the Children’s Court may send the child to a fit facility for such period as may be certified by a medical officer or mental health expert or on the recommendation of the Person- in-charge or Probation Officer or Child Welfare Officer or Case Worker, as necessary for proper treatment of the child who is mentally ill or addicted to alcohol or drugs or any other substance which lead to behavioural changes in a person for the remainder of the term for which he has to stay. (2) When the child is cured of the disease or physical or mental health problems, the Board or the Committee or the Children’s Court may, order the child to be placed back in the care from where the child was removed for treatment and if the child no longer requires to be kept under further care, the Board or the Committee or the Children’s Court may order him to be discharged. (3) The State Government may set up separate Integrated Rehabilitation Centres for child addicts on the basis of appropriate age groups. 81. Transfer of Child. – (1) During the inquiry, if it is found that the child hails from a place outside the jurisdiction of the Board or the Committee, the Board or the Committee shall order the transfer of the child in Form 52and send a copy of the order stating the reasons for and circumstances of such transfer to the State Government and District Child Protection Unit. (1) (a) The board or the committee may after placing the child in an institution make an order in F orm 53for the transfer of the child to another institution within its jurisdiction for the best Ex-324/2019 - 104 - - 105 - 104 (6) In case the date of release falls on a Sunday or a public holiday, the child may be discharged on the preceding day with an entry to that effect being made in the register of discharge. (7) Th e Person -in -charge of the Child Care Institution may in appropriate cases, order the payment of subsistence money, at such rates as may be fixed from time to time, by the State Government, and the railway and/or road fares, as the case may be. (8) Where a girl child has no place to go after release and requests for stay in the Child Care Institution after the period of stay is over, the Person- in-charge may, subject to the approval of the Board or the Committee or the Children’s Court, allow her stay only f or a limited period till the time, some other suita ble arrangement is made by her. 80. Child suffering from disease requiring prolonged medical treatment in an approved place and transfer of a child who is mentally ill or addicted to alcohol or other drugs. - (1) The Board or the Committee or the Children’s Court may send the child to a fit facility for such period as may be certified by a medical officer or mental health expert or on the recommendation of the Person- in-charge or Probation Officer or Child Welfare Officer or Case Worker, as necessary for proper treatment of the child who is mentally ill or addicted to alcohol or drugs or any other substance which lead to behavioural changes in a person for the remainder of the term for which he has to stay. (2) When the child is cured of the disease or physical or mental health problems, the Board or the Committee or the Children’s Court may, order the child to be placed back in the care from where the child was removed for treatment and if the child no longer requires to be kept under further care, the Board or the Committee or the Children’s Court may order him to be discharged. (3) The State Government may set up separate Integrated Rehabilitation Centres for child addicts on the basis of appropriate age groups. 81. Transfer of Child. – (1) During the inquiry, if it is found that the child hails from a place outside the jurisdiction of the Board or the Committee, the Board or the Committee shall order the transfer of the child in Form 52and send a copy of the order stating the reasons for and circumstances of such transfer to the State Government and District Child Protection Unit. (1) (a) The board or the committee may after placing the child in an institution make an order in F orm 53for the transfer of the child to another institution within its jurisdiction for the best Ex-324/2019 - 106 - - 107 - 105 interest of the child. Whenever such an order is passed, it shall be forward to the person in charge of such institutions a copy of the transfer order stating the reason for and circumstances of such transfer . (2) The District Child Protection Unit shall accordingly: (i) send the information of transfer to the appropriate Board or the Committee having jurisdiction over the area where the child is ordered to be transferred by the Board or Committee; and (ii) send a copy of the information to the Person- in-charge of the institution where the child is to be placed for care and protection at the time of the transfer order. (3) The child shall be escorted at Government expenses to the p lace or person as specified in the order and a travelling allowance on a per day basis shall be determined by the Board or the Committee which shall be paid by the District Child Protection Unit of the State which has transferred the child. (4) On such transf er, case file and records of the child shall be sent along with the child. (5) Where the child is a national of another country, the Board or the Committee shall inform the State Government immediately on the production of the child before the Board or the Co mmittee which may initiate the process for repatriation of the child immediately in consultation with Ministry of Home Affairs and Ministry of External Affairs, as the case may be. (6) During the period pending the finalisation of the repatriation, the child shall be kept in a Child Care Institution. (7) The expenses for the repatriation of the child to another country shall be borne by the State Government concerned. 82. Restoration and Follow-up .– (1) The Board or the Committee or the Children’s Court may make an order in Form 44for the release of the child placed in a Child Care Institution after hearing the child and his parents or guardian, and after satisfying itself as to the identity of the persons claiming to be the parents or the guardian. (2) While passing an order for restoration of the child, the Board or the Committee or the Children’s Court shall take into account the reports of the Probation Officer, social worker or Child Welfare Officer or Case Worker or non -governmental organisation, including report of a home study prepared on the direction of the Board or the Committee or the Children’s Court in 106 appropriate cases, and any other relevant document or report brought before the Board or the Committee or the Children’s Court. (3) The order of restoration shall include an individual care plan prepared by the Probation Officer or the social worker or the Child Welfare Officer or Case Worker or non -governmental organisation. (4) The Board or the Committee or the Children’s Court, while directing restoration of the child, may pass o rder for an escort in Form 45,where necessary. (5) Besides police, the Board or the Committee may seek collaboration with non - governmental organisations to accompany the child back to the family for restoration. (6) In case of girls, the child shall necessarily be accompanied by female escorts. (7) The copy of the restoration order along with a copy of the order for escort shall be forwarded by the Board or the Committee or the Children’s Court to the District Child Protection Unit which shall provide funds for the restoration of the child, including travel and other incidental expenses. (8) When a child expresses his unwillingness to be restored back to the family, the Board or the Committee or the Children’s Court shall interact with the child to find out the reasons for the same and record the same and the child shall not be coerced or persuaded to go back to the family. The child may also not be restored back to the family where the social investigation report prepared by the Child Welfare Officer or the social work er or the Case Worker or the non- governmental organisation establishes that restoration to family may not be in the interest of the child. The child would also not be restored back to the family where the parents or guardians refuse to accept the child bac k. In all such cases, the Board or the Committee or the Children’s Court may provide altern ative means for rehabilitation or order for extension of period of stay in the child in the institution using F orm54. (9) A follow -up plan shall be prepared as part of the individual care plan by the Probation Officer or the Child Welfare Officer or the Case Worker or the social worker or the non - governmental organisation. (10) The follow -up report shall state the situation of the child post restoration and the measures necessary in order to reduce further vulnerability of the child. 83. Juvenile Justice Fund. – ( 1) The State Government shall create a fund called the Juvenile Justice Fund for the welfare and rehabilitation of the children dealt with under the Act and the rules. Ex-324/2019 - 106 - - 107 - 106 appropriate cases, and any other relevant document or report brought before the Board or the Committee or the Children’s Court. (3) The order of restoration shall include an individual care plan prepared by the Probation Officer or the social worker or the Child Welfare Officer or Case Worker or non -governmental organisation. (4) The Board or the Committee or the Children’s Court, while directing restoration of the child, may pass o rder for an escort in Form 45,where necessary. (5) Besides police, the Board or the Committee may seek collaboration with non - governmental organisations to accompany the child back to the family for restoration. (6) In case of girls, the child shall necessarily be accompanied by female escorts. (7) The copy of the restoration order along with a copy of the order for escort shall be forwarded by the Board or the Committee or the Children’s Court to the District Child Protection Unit which shall provide funds for the restoration of the child, including travel and other incidental expenses. (8) When a child expresses his unwillingness to be restored back to the family, the Board or the Committee or the Children’s Court shall interact with the child to find out the reasons for the same and record the same and the child shall not be coerced or persuaded to go back to the family. The child may also not be restored back to the family where the social investigation report prepared by the Child Welfare Officer or the social work er or the Case Worker or the non- governmental organisation establishes that restoration to family may not be in the interest of the child. The child would also not be restored back to the family where the parents or guardians refuse to accept the child bac k. In all such cases, the Board or the Committee or the Children’s Court may provide altern ative means for rehabilitation or order for extension of period of stay in the child in the institution using F orm54. (9) A follow -up plan shall be prepared as part of the individual care plan by the Probation Officer or the Child Welfare Officer or the Case Worker or the social worker or the non - governmental organisation. (10) The follow -up report shall state the situation of the child post restoration and the measures necessary in order to reduce further vulnerability of the child. 83. Juvenile Justice Fund. – ( 1) The State Government shall create a fund called the Juvenile Justice Fund for the welfare and rehabilitation of the children dealt with under the Act and the rules. Ex-324/2019 - 108 - - 109 - 107 (2) The State Government shall make adequate budgetary allocations towards the Juvenile Justice Fund. (3) The Juvenile Justice Fund may receive donations, voluntary contributions, subscriptions or funds under Corporate Social Responsibility, whether or not for any specific purpose, and shall be directly credited to the Juvenile Justice Fund. (4) The Juvenile Just ice Fund may be utilised by the State Government for the following purposes, namely: - (i) establishment and administration of Child Care Institutions; (ii) supporting innovative programmes for the welfare of the children in the Child Care Institutions; (iii) strengthening of legal assistance and support; (iv) providing entrepreneurial support, skill development training or vocational training; (v) providing lump -sum subsistence support to children leaving Child Care Institution on attaining the age of eighteen years; (vi) providing after care facilities and entrepreneurship fund for providing capital and infrastructure to persons who have crossed the age of eighteen within institutionalized care, for starting up small businesses to support reintegration into mainstream life; (vii) provi ding support for foster care, sponsorship and after care; (viii) rehabilitation of children in special circumstances including children released from militant groups and adult groups; (ix) meeting the expenses of travel for trial and restoration of children, includi ng the expenses of the escorts including police; (x) creating child friendly police stations, Boards, courts and Committees; (xi) Capacity building for parents and caregivers to understand needs of children; (xii) awareness generation programmes on child rights and of fences against children; (xiii) creating community-based child protection programmes to identify and report offences against children; (xiv) providing specialised professional services, counselors, translators, interpreters, special educators, social workers, mental health workers, vocational trainers etc. for the children covered under the Act; 108 (xv) providing recreational facilities and extra -curricular activities for the children covered under the Act including those in Child Care Institutions; (xvi) palliative care for cancer affected children and stay facilities for their parents; and (xvii) any other programme or activity to support the holistic growth, development and well -being of a child covered under the Act and the rules. (5) The Juvenile Justice Fund shall be maintained and administered by Department of the State Government dealing with the implementation of this Act through the State Child Protection Society. (6) The State Child Protection Society, with the approval of the State Government shall adopt financial rules to gover n the utilisation of the Juvenile Justice Fund. 84. State Child Protection Society. – ( 1) The State Child Protection Society shall perform the following functions namely: (i) overseeing the implementation of the Act and the rules framed thereunder in the State and supervision and monitoring of agencies and institutions under the Act; (ii) addressing road- blocks, issues, complaints received regarding care and protection of children; (iii) ensure that all institutions set up under the Act and the rules are in place and performing their assigned duties; (iv) reviewing reports received from various District Child Protection Units on the functioning of institutions in various districts and take a ction to facilitate the protection of children wherever necessary and monitoring the functioning of the District Child Protection Units; (v) develop programmes for foster care, sponsorship and after -care; (vi) inquire into, seek reports and make recommendations in cases of death or suicide in Child Care Institutions and under other institutional care; (vii) ensure inter -department coordination and liaising with the relevant departments of the State and Central Governments and State Child Protection Societies of other States or Union Territories; (viii) networking and coordinating with civil society organisations working for the effective implementation of the Act and the rules; (ix) maintaining a state level database of all chi ldren in institutional care and family based non- institutional care and updating it on a quarterly basis; Ex-324/2019 - 108 - - 109 - 108 (xv) providing recreational facilities and extra-curricular activities for the children covered under the Act including those in Child Care Institutions; (xvi) palliative care for cancer affected children and stay facilities for their parents; and (xvii) any other programme or activity to support the holistic growth, development and well -being of a child covered under the Act and the rules. (5) The Juvenile Justice Fund shall be maintained and administered by Department of the State Government dealing with the implementation of this Act through the State Child Protection Society. (6) The State Child Protection Society, with the approval of the State Government shall adopt financial rules to gover n the utilisation of the Juvenile Justice Fund. 84. State Child Protection Society. – ( 1) The State Child Protection Society shall perform the following functions namely: (i) overseeing the implementation of the Act and the rules framed thereunder in the State and supervision and monitoring of agencies and institutions under the Act; (ii) addressing road- blocks, issues, complaints received regarding care and protection of children; (iii) ensure that all institutions set up under the Act and the rules are in place and performing their assigned duties; (iv) reviewing reports received from various District Child Protection Units on the functioning of institutions in various districts and take a ction to facilitate the protection of children wherever necessary and monitoring the functioning of the District Child Protection Units; (v) develop programmes for foster care, sponsorship and after -care; (vi) inquire into, seek reports and make recommendations in cases of death or suicide in Child Care Institutions and under other institutional care; (vii) ensure inter -department coordination and liaising with the relevant departments of the State and Central Governments and State Child Protection Societies of other States or Union Territories; (viii) networking and coordinating with civil society organisations working for the effective implementation of the Act and the rules; (ix) maintaining a state level database of all chi ldren in institutional care and family based non- institutional care and updating it on a quarterly basis; Ex-324/2019 - 110 - - 111 - 109 (x) maintaining a database of Child Care Institutions, Specialised Adoption Agencies, open shelters, fit persons and fit facilities, registered foster parents, sponsors, after care organisations and other institutions at the State level; (xi) maintaining a database of medical and counseling centres, de-addiction centres, hospitals, open schools, education facilities, apprenticeship and vocational training prog rammes and centres, recreational facilities such as performing arts, fine arts and facilities for children with special needs and other such facilities at the State level; (xii) monitoring and administering the Juvenile Justice Fund set up by the State Government including disbursal of funds to the District Child Protection Units, Special Juvenile Police Units and police stations, as the case may be; (xiii) maintaining separate accounts for all funds received by the State Child Protection Society such as the Juvenile Justice Fund, funds under Schemes of Central and State Government and getting the same audited; (xiv) generate awareness among public on various aspects of the Act and the rules made thereunder specifically the existing institutional framework, rehabilitation measures, penalties, procedures for better protection of children; (xv) organise and conduct programmes for the implementation of the Act including training and capacity building of stakeholders; (xvi) commission research programmes on child protection; (xvii) co-ordinate with State Legal Services Authority and law schools; and (xviii) any other function for the effective implementation of the Act and the rules made thereunder. (2 ) The Member -Secr etary of the State Child Protection Society shall be the Nodal Officer in the State for the implementation of the Act and the rules . 85. District Child Protection Unit. – (1) The District Child Protection Unit shall perform following functions, namely: (i) maintain report of quarterly information sent by the Board about children in conflict with law produced before the Board and the quarterly report sent by the Committee; (ii) arrange for individual or group counselling and community service for children; 110 (iii) conduct follow up of the individual care plan prepared on the direction of the Children’s Court for children in the age group of sixteen to eighteen years found to be in conflict with law for committing heinous offence; (iv) conduct review of the child placed in the place of safety every year and forward the report to the Children’s Court; (v) maintain a list of persons who can be engaged as monitoring authorities and send the list of such persons to the Children’s Court along with bi -annual updates; (vi) maintain rec ord of run-away children from Child Care Institutions; (vii) identify families at risk and children in need of care and protection; (viii) assess the number of children in difficult circumstances and create district - specific databases to monitor trends and patterns of children in difficult circumstances; (ix) periodic and regular mapping of all child related services at district for creating a resource directory and making the information available to the Committees and Boards from time to time; (x) facilitate the implementation of non- institutional programmes including sponsorship, foster care and after care as per the orders of the Board or the Committee or the Children’s Court; (xi) facilitate transfer of children at all levels for their restoration to their families; (xii) ensure inter-departmental coordination and liaise with the relevant departments of the State Government and State Child Protection Society of the State and other District Child Protection Units in the State; (xiii) network and coordinate with civil society organisations working under the Act; (xiv) inquire into, seek reports and take action in cases of death or suicide in child care institutions and under other institutional care and submit the reports to the State Child Protection Society; (xv) look into the complaints and suggestions of the children as contained in the children’s suggestion box and take appropriate action; (xvi) be represented on the Management Committees within the Child Care Institutions; Ex-324/2019 - 110 - - 111 - 110 (iii) conduct follow up of the individual care plan prepared on the direction of the Children’s Court for children in the age group of sixteen to eighteen years found to be in conflict with law for committing heinous offence; (iv) conduct review of the child placed in the place of safety every year and forward the report to the Children’s Court; (v) maintain a list of persons who can be engaged as monitoring authorities and send the list of such persons to the Children’s Court along with bi -annual updates; (vi) maintain rec ord of run-away children from Child Care Institutions; (vii) identify families at risk and children in need of care and protection; (viii) assess the number of children in difficult circumstances and create district - specific databases to monitor trends and patterns of children in difficult circumstances; (ix) periodic and regular mapping of all child related services at district for creating a resource directory and making the information available to the Committees and Boards from time to time; (x) facilitate the implementation of non- institutional programmes including sponsorship, foster care and after care as per the orders of the Board or the Committee or the Children’s Court; (xi) facilitate transfer of children at all levels for their restoration to their families; (xii) ensure inter-departmental coordination and liaise with the relevant departments of the State Government and State Child Protection Society of the State and other District Child Protection Units in the State; (xiii) network and coordinate with civil society organisations working under the Act; (xiv) inquire into, seek reports and take action in cases of death or suicide in child care institutions and under other institutional care and submit the reports to the State Child Protection Society; (xv) look into the complaints and suggestions of the children as contained in the children’s suggestion box and take appropriate action; (xvi) be represented on the Management Committees within the Child Care Institutions; Ex-324/2019 - 112 - - 113 - 111 (xvii) maintain a district level database of missing children in institutional care and uploading the same on designated portal and of children availing the facility of Open Shelter and of children placed in foster care; (xviii) maintain a database of child care institutions, specialised adoption agencies, open shelter, fit persons and fit facilities, registered foster parents, after care organisations and institutions etc. at the district level and forward the same to the Boards, the Committees, the Children’s Courts and the State Child P rotection Society, as the case may be; (xix) maintain a database of medical and counselingcentres, de- addiction centres, hospitals, open schools, education facilities, apprenticeship and vocational training programmes and centres, recreational facilities such as performing arts, fine arts and facilities for children with special needs and other such facilities at the district level and forward the same to the Boards, the Committees, the Children’s Courts and the State Child Protection Society; (xx) maintain a datab ase of special educators, mental health experts, translators, interpreters, counsellors, psychologists or psycho- social workers or other experts who have experience of working with children in difficult circumstances at the district level and forward the s ame to the Boards and the Committees and the Children’s Court and the State Child Protection Society; (xxi) generate awareness and organise and conduct programmes for the implementation of the Act including training and capacity building of stakeholders under t he Act; (xxii) organise quarterly meeting with all stakeholders at district level to review the progress and implementation of the Act; (xxiii) submit a monthly report to the State Child Protection Society; (xxiv) notify the State Government about a vacancy in the Board or t he Committee six months before such vacancy arises; (xxv) review reports submitted by Inspection Committees and resolve the issues raised through coordination among the stakeholders; (xxvi) provide secretarial staff to the Committees and the Boards; (xxvii) all other functions necessary for effective implementation of the Act including liaising with community and corporates for improving the functioning of Child Care Institutions. 112 (2) The District Child Protection Officer shall be the Nodal Officer in the district for the implementation of the Act and the rules. 86. Special Juvenile Police Unit. – (1) The State Government shall constitute a Special Juvenile Police Unit in each district and city to co- ordinate all functions of police related to children. (2) The Central Government shall constitute a Special Juvenile Police Unit for the Railway Protectio n Force or Government Railway Police at every railway station as per requirement and where a Special Juvenile Police Unit cannot be set up, at least one Railway Protection Force or Government Railway Police Officer shall be designated as the Child Welfare Police Officer. (3) The Child Welfare Police Officers and other police officers of the Special Juvenile Police Unit shall be given, appropriate training and orientation to deal with matters concerning children. (4) The transfer and posting of the designated Chil d Welfare Police Officers may be within the Special Juvenile Police Units of other police stations or the district unit. (5) The police officer interacting with children shall be as far as possible in plain clothes and not in uniform and for dealing with girl child, woman police personnel shall be engaged. (6) The Child Welfare Police Officer or any other police officer shall speak in polite and soft manner and shall maintain dignity and self -esteem of the child. (7) Where questions that may lead to discomfort of the child are to be asked, such questions shall be asked in tactful manner. (8) When an FIR is registered for offence against a child, a copy of the FIR shall be handed over to the complainant or child victim and subsequent to the completion of investigation, copy of report of investigation and other relevant documents shall be handed over to the complainant or any person authorised to act on his behalf. (9) No accused or suspected accused shall be brought in contact with the child and where the victim and the person in conflict with law are both children, they shall not be brought in contact with each other. (10) The Special Juvenile Police Unit shall have a list of: (i) the Board and Child Welfare Committee in its due jurisdiction, their place of sitting, hours of sitting, names and contact details of Principal Magistrate and members of the Board, names and contact details of Chairperson and members of Ex-324/2019 - 112 - - 113 - 112 (2)The District Child Protection Officer shall be the Nodal Officer in the district for the implementation of the Act and the rules. 86. Special Juvenile Police Unit. – (1) The State Government shall constitute a Special Juvenile Police Unit in each district and city to co- ordinate all functions of police related to children. (2) The Central Government shall constitute a Special Juvenile Police Unit for the Railway Protectio n Force or Government Railway Police at every railway station as per requirement and where a Special Juvenile Police Unit cannot be set up, at least one Railway Protection Force or Government Railway Police Officer shall be designated as the Child Welfare Police Officer. (3) The Child Welfare Police Officers and other police officers of the Special Juvenile Police Unit shall be given, appropriate training and orientation to deal with matters concerning children. (4) The transfer and posting of the designated Chil d Welfare Police Officers may be within the Special Juvenile Police Units of other police stations or the district unit. (5) The police officer interacting with children shall be as far as possible in plain clothes and not in uniform and for dealing with girl child, woman police personnel shall be engaged. (6) The Child Welfare Police Officer or any other police officer shall speak in polite and soft manner and shall maintain dignity and self -esteem of the child. (7) Where questions that may lead to discomfort of the child are to be asked, such questions shall be asked in tactful manner. (8) When an FIR is registered for offence against a child, a copy of the FIR shall be handed over to the complainant or child victim and subsequent to the completion of investigation, copy of report of investigation and other relevant documents shall be handed over to the complainant or any person authorised to act on his behalf. (9) No accused or suspected accused shall be brought in contact with the child and where the victim and the person in conflict with law are both children, they shall not be brought in contact with each other. (10) The Special Juvenile Police Unit shall have a list of: (i) the Board and Child Welfare Committee in its due jurisdiction, their place of sitting, hours of sitting, names and contact details of Principal Magistrate and members of the Board, names and contact details of Chairperson and members of Ex-324/2019 - 114 - - 115 - 113 the Committee and the procedures to be followed before the Board and the Committee; and (ii) contact details of the Child Care Institutions and fit facilities in its due jurisdiction. (11) The names and contact details of the Special Juvenile Police Unit or Child Welfare Police Officer shall be placed at a conspicuous part at the poli ce stations, Child Care Institutions, Committees, Boards and the Children’s Courts. (12) The Special Juvenile Police Unit shall work in close co -ordination with the District Child Protection Unit, the Board and the Committee in the matters concerning the welfa re of children within its jurisdiction. (13) The Special Juvenile Police Unit may coordinate with the District Legal Services Authority to provide legal aid to children. 86(a ). State L egal Services Authority:The State Legal Services Authority shall perform the following duties: (1) Inform children about the availability of legal services counsels and they are to be represented by legal services lawyers, if not otherwise represented. (2) Render legal assistance to children and their parents/guardians under the Juvenile System. The lawyer is to inform the child and his family members about their rights . (3) If it comes to the knowledge of the legal services lawyer that adults are using children, he has to b ring the same to the notice of the Board and insist on registration of FIR under Sections 77 or 78 or 83 of the Act against the adult offenders. Similar would be the position where any of the rights of the children have been violated. (4) Provide free legal services to children in conflict with law and work towards speedy disposal of cases as per Section 12 (c) of the Legal Services Authorities Act, 1987 . (5) Representing the child in the Board during the inquiry. (6) The lawyers may move applications f or bail where bail is not granted on the very first date of production of the child. (7) The lawyers may argue for closure of the case where the final report is filed belatedly or insist on speedy disposal of matters as per the mandate of law. (8) If the child is a school going child and the presence of the child is not necessary, the legal services lawyers may seek exemption of the child from the proceedings before the Board but that must not be done only to delay the matter. (9) The lawyers must al so prepare the child for recording of his statement before the Board. 114 (10) The lawyers can put forth their views on the rehabilitation measures to be adopted for the child and can assist in development of a care plan for the child which is best suited to his needs. (11) The lawyers can also be involved in the follow -up process after the case of the child is over to ensure that the child does not come into conflict with law in the future. (12) If there is any possibility that the identity of the child ma y be revealed by any person to the detriment of the child or any disqualification may be attached to him except as provided under Section 24 of the Act, the lawyers can move appropriate applications. (13) If a child faces any problems in the institution w here he is kept, the lawyers can bring the same to the notice of the Board. This also requires that the legal services lawyers should regularly interact with the children in the Homes. (14) Must maintain proper documentation in respect of each child, at the same time, ensuring that there is no breach of privacy of the child on their part. (15) The lawyers also have an important role to play during the preliminary assessment and they must bring before the Board all such factors which favour the person be ing treated as a child. (16)The lawyers can further file appeals or recommend filing of appeals against the order of the Board passed on age or on preliminary assessment. (17) In circumstances where an appeal or a revision is to be filed against the orde r of the Board and the same comes to the legal services lawyers, they would be required to act as pe r the mandate of the Act. They must act in coordination with the lawyers who are assigned the cases in regular courts or in appellate and revisional courts. (18) Keep the child and his family informed about the court process, the proceedings before the Board and the next date given in the matter and the next stage of the matter. The legal services lawyers must assist the children in the legal proceedings thro ughout the case. (19) Besides the legal services lawyers in the Juvenile Justice Boards, the other legal services lawyers in regular courts may also be required to raise the plea of juvenility when it comes to their notice that a person who appears to be a child has been produced before a regular court or otherwise the person raises a claim to juvenility. 87. Selection Committee and its composition.– (1) The State Government shall constitute a Selection Committee for a period of three years by notification in the Official Gazette consisting of the following members, namely: Ex-324/2019 - 114 - - 115 - 114 (10) The lawyers can put forth their views on the rehabilitation measures to be adopted for the child and can assist in development of a care plan for the child which is best suited to his needs. (11) The lawyers can also be involved in the follow -up process after the case of the child is over to ensure that the child does not come into conflict with law in the future. (12) If there is any possibility that the identity of the child ma y be revealed by any person to the detriment of the child or any disqualification may be attached to him except as provided under Section 24 of the Act, the lawyers can move appropriate applications. (13) If a child faces any problems in the institution w here he is kept, the lawyers can bring the same to the notice of the Board. This also requires that the legal services lawyers should regularly interact with the children in the Homes. (14) Must maintain proper documentation in respect of each child, at the same time, ensuring that there is no breach of privacy of the child on their part. (15) The lawyers also have an important role to play during the preliminary assessment and they must bring before the Board all such factors which favour the person be ing treated as a child. (16)The lawyers can further file appeals or recommend filing of appeals against the order of the Board passed on age or on preliminary assessment. (17) In circumstances where an appeal or a revision is to be filed against the orde r of the Board and the same comes to the legal services lawyers, they would be required to act as pe r the mandate of the Act. They must act in coordination with the lawyers who are assigned the cases in regular courts or in appellate and revisional courts. (18) Keep the child and his family informed about the court process, the proceedings before the Board and the next date given in the matter and the next stage of the matter. The legal services lawyers must assist the children in the legal proceedings thro ughout the case. (19) Besides the legal services lawyers in the Juvenile Justice Boards, the other legal services lawyers in regular courts may also be required to raise the plea of juvenility when it comes to their notice that a person who appears to be a child has been produced before a regular court or otherwise the person raises a claim to juvenility. 87. Selection Committee and its composition.– (1) The State Government shall constitute a Selection Committee for a period of three years by notification in the Official Gazette consisting of the following members, namely: Ex-324/2019 - 116 - - 117 - 115 (i) A Retired Judge of High Court as Chairpersonto be appointed in consultation with the Chief Justice of High Court concerned or the Secretary, Law & Judicial Department of the State Government. (ii) Secretary of Mizoram State Child Protection Society as ex -officio Member Secretary . (iii) One representative from the Department implementing the Act n ot below the rank of Director as member. (iv) T wo representatives from two different reputed non -governmental organisations respectively working in the area of child development or child protection for a minimum period of seven years but not running or managing any children’s institution; (v) T wo representatives from academic bodies or Universities preferably from the faculty of social work, psychology, sociology, child development, health, education, law, and with special knowledge or experience of working on chil dren’s issues for a minimum period of seven years; and (vi) A representative of the State Commission for Protection of Child Rights. (2) The Committee shall continue for a maximum period of three months after the completion of its tenure by which time new Committee shall be constituted. (3) If a vacancy arises in the Selection Committee, the Member Secretary shall intimate the Secretary of the Department implementing the Act who shall take steps to fill the vacancy for the remaining period at the earliest. (4) The quorum for the meeting of the Selection Committee shall be not less than four Members, including the Chairperson and the Member Secreta ry. (5) The Member Secretary of the Selection Committee shall convene the meetings of the Selection Committee at such times as may be necessary for facilitating and carrying out the functions of the Selection Committee. (6) The Member Secretary shall maintain th e minutes of the selection process and all other meetings of the Selection Committee. (7) The Chairperson and non- official members of the Selection Committee shall be paid such sitting fees and travel allowances as may be fixed by the State Government from ti me to time. (8) All communications relating to the working and discharge of the functions of the Selection Committee shall be addressed to the Office of the Member Secretary, who shall place the same before the Selection Committee. 116 (9) All records relating to selection shall be placed on the website of the State Government Department concerned. 88. Selection of Chairperson and Members of the Committee or Board. – (1) The Member Secretary of the Selection Committee shall initiate the p rocess of filling up a vacancy six months prior to the incumbent demitting office: Provided that if a vacancy arises on account of resignation or death of the Chairperson of the Committee or a Member of the Board or Committee the Member Secretary of the Selection Committee shall immediately initiate the process for filling up such vacancy. (2) For selection of members of the Board or Chairperson and members of the Committee, the State Government through the Member Secretary of the Selection Committee shall c all for applications through public advertisement in the local and national newspapers and official website of the Department implementing the Act. (3) The Member Secretary shall screen all the applications received and place the applications which fulfillthe basic eligibility requirements before the Selection Committee. (4) The Selection Committee shall evaluate the candidates on the basis of qualifications, experience of working with children and personal interaction with the candidate. (5) A member selected b y the Selection Committee should not: (i) be holding such full -time occupation that may not allow the person to give necessary time and attention to the work of the Board or the Committee as per the Act and rules; (ii) be associated with any Child Care Institution, directly or indirectly, during his tenure as a member of the Board or Committee or have any other conflict of interest; (iii) hold any office in any political p arty during his tenure;or (iv) be insolvent. (6) Where the Selection Committee is required to consider an application for renewal of tenure of Members of the Board or Committee as the case may be, it shall evaluate the application on the basis of the following criteria, namely: (i) regular performance appra isals of the Member carried out by the District Judge or District Magistrate quarterly as per a specified format, a copy of which shall be made available to the Chairperson and Members of the Selection Committee by the Member Secretary; Ex-324/2019 - 116 - - 117 - 116 (9) All records relating to selection shall be placed on the website of the State Government Department concerned. 88. Selection of Chairperson and Members of the Committee or Board. – (1) The Member Secretary of the Selection Committee shall initiate the p rocess of filling up a vacancy six months prior to the incumbent demitting office: Provided that if a vacancy arises on account of resignation or death of the Chairperson of the Committee or a Member of the Board or Committee the Member Secretary of the Selection Committee shall immediately initiate the process for filling up such vacancy. (2) For selection of members of the Board or Chairperson and members of the Committee, the State Government through the Member Secretary of the Selection Committee shall c all for applications through public advertisement in the local and national newspapers and official website of the Department implementing the Act. (3) The Member Secretary shall screen all the applications received and place the applications which fulfillthe basic eligibility requirements before the Selection Committee. (4) The Selection Committee shall evaluate the candidates on the basis of qualifications, experience of working with children and personal interaction with the candidate. (5) A member selected b y the Selection Committee should not: (i) be holding such full -time occupation that may not allow the person to give necessary time and attention to the work of the Board or the Committee as per the Act and rules; (ii) be associated with any Child Care Institution, directly or indirectly, during his tenure as a member of the Board or Committee or have any other conflict of interest; (iii) hold any office in any political p arty during his tenure;or (iv) be insolvent. (6) Where the Selection Committee is required to consider an application for renewal of tenure of Members of the Board or Committee as the case may be, it shall evaluate the application on the basis of the following criteria, namely: (i) regular performance appra isals of the Member carried out by the District Judge or District Magistrate quarterly as per a specified format, a copy of which shall be made available to the Chairperson and Members of the Selection Committee by the Member Secretary; Ex-324/2019 - 118 - - 119 - 117 (ii) complaints if any,received and addressed by the Selection Committee against the person seeking an extension of tenure; and (iii) i nteraction with such applicant. (7) The Selection Committee shall, on the basis of the evaluation procedure and criteria, select and recommend a panel of names in order of merit to the State Government for appointment as Members of the Board or Chairperson or Members of the Committee as the case may be. (8) In recommending a panel of names, the Selection Committee shall prepare separate panels for the position of Chairperson of the Committee, Members of the Committee and Members of the Board respectively. (9) The Selection Committee shall prepare a three-member panel for each position, which shall be valid for a period of one year. (10) The list of finalised names shall be duly signed by all members of the Selection Committee present at the time of selection and the Member Secretary of the Selection Com mittee shall forward the finalised list to the State Government for appointment. The State Government shall constitute one or more Boards or Committees, as the case may be, in each district through notification in Official Gazette within a period of two mo nths of receipt of recommendations of Selection Committee. (11) Names on the panel shall be valid for consideration for a period of one year which may be extended by six months where a new panel has not yet been constituted, in order to fill in vacancies which may arise during such period either due to non- reporting of the selected persons within a stipulated time from the date of appointment, or otherwise during the tenure of the Board or Committee. (12) If a vacancy in the Board or Committee arises, the District Child Protection Unit shall inform the State Government for filling up such vacancy . (13) The State Government shall fill the vacancies on the basis of the panel of names recommended by the Selection Committee within a period of three months from receiving suc h information from the District Child Protection Unit. (14) If any complaint is made against a member of the Board or Committee, the State Government shall hold necessary inquiry except in respect of judicial officers; complaints against judicial officers shal l be forwarded to the Registrar of the High Court for action. (15) The State Government shall complete the inquiry within a period of one month and take appropriate action within two months. 118 (16) If a criminal case is registered against the person concerned, Government may suspend the appointment for such term as appropriate after due inquiry. 89. Training of Personnel Dealing with Children. – (1) The State Government shall provide for training of personnel appointed under the Act and the rules and each category of staff, keeping in view with their statutory responsibilities and specific jobs requirements. (2) The training programme shall include: (i) int roduction of the Act and the rules made thereunder; (ii) orientation on child welfare, care, protection and child rights; (iii) induction training of the newly recruited personnel; (iv) refresher training courses and skill enhancement programmes, documentation and shar ing of good practices; and (v) conferences, seminars and workshops. (3) The following categories of personnel shall have to undergo training for minimum period of fifteen days, namely: - S. No. Personnel 1. Staff of Children’s Court and Principal Magistrates of Juvenile Justice Boards 2. Members of Juvenile Justice Boards 3. Chairpersons and Members of Child Welfare Committees 4. Child Welfare Police Officers and other police officers of Special Juvenile Police Units 5. Programme Managers and Programme Officers of State Child Protection Societies and State Adoption Resource Agency 6. Staff of State Adoption Resource Agency 7. Legal -cum -Probation Officers under District Child Protection Units and Probation Officers in Child Care Institutions 8. Staff of District Child Protection Units and State Child Protection Society 9. Persons -in-charge of Child Care Institutions (including Open Shelters) (4) The State Government shall also provide training to other personnel such as social workers, Child Welfare Officers, Case Workers, rehabilitation cum placement Officers, care givers, house fathers and house mothers of Child Care Institutions, security perso nnel and other staff of Child Care Institutions, Frontline Workers, bridge course educators, outreach workers Ex-324/2019 - 118 - - 119 - 118 (16) If a criminal case is registered against the person concerned, Government may suspend the appointment for such term as appropriate after due inquiry. 89. Training of Personnel Dealing with Children. – (1) The State Government shall provide for training of personnel appointed under the Act and the rules and each category of staff, keeping in view with their statutory responsibilities and specific jobs requirements. (2) The training programme shall include: (i) int roduction of the Act and the rules made thereunder; (ii) orientation on child welfare, care, protection and child rights; (iii) induction training of the newly recruited personnel; (iv) refresher training courses and skill enhancement programmes, documentation and shar ing of good practices; and (v) conferences, seminars and workshops. (3) The following categories of personnel shall have to undergo training for minimum period of fifteen days, namely: - S. No. Personnel 1. Staff of Children’s Court and Principal Magistrates of Juvenile Justice Boards 2. Members of Juvenile Justice Boards 3. Chairpersons and Members of Child Welfare Committees 4. Child Welfare Police Officers and other police officers of Special Juvenile Police Units 5. Programme Managers and Programme Officers of State Child Protection Societies and State Adoption Resource Agency 6. Staff of State Adoption Resource Agency 7. Legal -cum -Probation Officers under District Child Protection Units and Probation Officers in Child Care Institutions 8. Staff of District Child Protection Units and State Child Protection Society 9. Persons -in-charge of Child Care Institutions (including Open Shelters) (4) The State Government shall also provide training to other personnel such as social workers, Child Welfare Officers, Case Workers, rehabilitation cum placement Officers, care givers, house fathers and house mothers of Child Care Institutions, security perso nnel and other staff of Child Care Institutions, Frontline Workers, bridge course educators, outreach workers Ex-324/2019 - 120 - - 121 - 119 and community volunteers, Social Workers of Specialised Adoption Agencies, Directors or Incharge of Specialised Adoption Agencies, chief functionaries of organisations granted registration for running Child Care Institutions under the Act, mental health practitioners, psychologists, psychiatrists, psychiatric social workers, legal services lawyers, members of Committees or societies constituted unde r the Act and the rules thereunder. (5) The State Governments, while organising training programmes for the stakeholders at State or District level, shall ensure that training modules and training manuals to be developed by State Child Protection Society are in consultation with National Institute of Public Cooperation and Child Development or Institutions having requisite expertise in order to maintain uniformity in the training process throughout the country. (6) The Judicial Academy in States may develop train ing module and training manual for the training of Principal Magistrates including on child psychology, use of child friendly procedures and ensuring child friendly environment, care, protection and rehabilitation of children and organise such training programmes at the State level. (7) The Police Academy in States may develop training module and training manual in consultation with National Police Academy for the training of police and Child Welfare Police Officers including on child psychology, use of child friendly procedures and ensuring child friendly environment, care, protection and rehabilitation of children and organise such training programmes at the State level. (8) The State Legal Services Authority shall organise training programme for legal service l awyers and para legal volunteers. (9) The State Child Protection Society in consultation with institutions with requisite expertise shall organise training programme for Probation Officers. (10) The Central Adoption Resource Authority may develop appropriate training modules and manuals for Specialised Adoption Agencies and staff of State Adoption Resource Agency and organise training programmes. 90. Pending Cases. – (1) No child shall be denied the benefits of the Act and the rules made thereunder. (2) The benefits referred to in sub -rule (1) shall be made available to all persons who were children at the time of the commission of the offence, even if they ceased to be children during the pendency of the inquiry or trial. 120 (3) While computing the period of detention or stay or sentence of a child in conflict with law, all such period which the child had already spent in custody, detention, stay or sentence of imprisonment shall be counted as a part of the period of stay or detention or sentence of imprisonment contained in the final order of the court or the Board. 91. Monitoring by National Commission for Protection of Child Rights and State Commissions for Protection of Child Rights. - (1) In addition to the functions specified under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006), the National Commission or the State Commissions may perform following functions in consultation with the Central and State Government, namely: (i) review setting up of institutions created under the Act; (ii) develop Information, Education and Communication (IEC) material on child rights and gender sensitivity; (iii) develop protocols for reformation and rehabilitation of children; (iv) create awareness about identification and reporting of crimes against children such as drug abuse, trafficking, child sexual abuse and exploitation including child marriage, and other aspects of violence against children; (v) conduct sensitisation workshops for panchayati raj institutions and municipal corporations on crimes against children including identification and reporting of crimes for enhanced protection; (vi) develop information material detailing the rights of the child victims or witnesses and their families, and containing useful information in local languages, which may be provided to the victim and her/his family; (vii) developtraining module for stake holders along with the State Child Protection Societies and National Institute of Public Cooperation and Child Development etc. 92. Inquiry in case of a Missing Child. – (1) A missing chil d is a child, whose whereabouts are not known to the parents, legal guardian or any other person or institution legally entrusted with the custody of the child, whatever may be the circumstances or causes of disappearance, and shall be considered missing a nd in need of care and protection until located or his safety and well -being established. Ex-324/2019 - 120 - - 121 - 120 (3) While computing the period of detention or stay or sentence of a child in conflict with law, all such period which the child had already spent in custody, detention, stay or sentence of imprisonment shall be counted as a part of the period of stay or detention or sentence of imprisonment contained in the final order of the court or the Board. 91. Monitoring by National Commission for Protection of Child Rights and State Commissions for Protection of Child Rights. - (1) In addition to the functions specified under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006), the National Commission or the State Commissions may perform following functions in consultation with the Central and State Government, namely: (i) review setting up of institutions created under the Act; (ii) develop Information, Education and Communication (IEC) material on child rights and gender sensitivity; (iii) develop protocols for reformation and rehabilitation of children; (iv) create awareness about identification and reporting of crimes against children such as drug abuse, trafficking, child sexual abuse and exploitation including child marriage, and other aspects of violence against children; (v) conduct sensitisation workshops for panchayati raj institutions and municipal corporations on crimes against children including identification and reporting of crimes for enhanced protection; (vi) develop information material detailing the rights of the child victims or witnesses and their families, and containing useful information in local languages, which may be provided to the victim and her/his family; (vii) developtraining module for stake holders along with the State Child Protection Societies and National Institute of Public Cooperation and Child Development etc. 92. Inquiry in case of a Missing Child. – (1) A missing chil d is a child, whose whereabouts are not known to the parents, legal guardian or any other person or institution legally entrusted with the custody of the child, whatever may be the circumstances or causes of disappearance, and shall be considered missing a nd in need of care and protection until located or his safety and well -being established. Ex-324/2019 - 122 - - 123 - 121 (2) When a complaint is received about a child who is missing, the police shall register a First Information Report forthwith. (3) The police shall inform the Child Welfare Police Officer and forward the FIR to the Special Juvenile Police Unit for immediate action for tracing the child. (4) The police shall: (i) c ollect a recent photograph of the missing child and make copies for District Missing Persons Unit, Missing Persons Squad, National Cr ime Records Bureau/ Media etc.; (ii) fill the form on the designated portal; (iii) fill the specific designed 'Missing Persons Information Form' and immediately send to Missing Persons Squad, District Missing Persons Unit, National Crime Record Bureau, State Crime Records Bureau, Central Bureau of Investigation, and other related institutions; (iv) send the copy of the First Information Report by post/email to the office of the nearest Legal Services Authority along with addresses and contact phone numbers of parents or guardian of the missing child or the Child Care Institution, after uploading the relevant information onto the designated portal; (v) prepare sufficient number of Hue and Cry notices containing photograph and physical description of the missing child to be sent for publication. (vi) g ive wide publicity by publishing or telecasting the photographs and the description of the missing child, a s feasible in (a) leading newspapers (b) Television/electronic media (c) local cable television network and social media and thereafter submit for ratification by the Board or the Committee or the Children’s Court, as the case may be. (vii) g ive wide publicity in the surrounding area through the use of loud speakers and the distribution and a ffixture of Hue and Cry notice at prominent places. Social networking portals, Short Message Service alerts and slides in cinema halls can be used to reach out to the masses; (viii) distribute Hue and Cry notice at all the outlets of the city or town, that is, railway stations, bus stands, airports, regional passport o ffices and other prominent places; (ix) search areas and spots of interest such as movie theatres, shopping malls, park s, amusement parks, games parlours and areas where missing or run away children frequent should be identified and watched; 122 (x) scan the recordings of the Closed Circuit Television Cameras installed in the vicinity of the area from where the child was reported missing and on all possible routes and transit destination points like bus stands, railway stations, and other places; (xi) inquire from under construction sites, unused buildings, hospitals, and clinics, childline services, and other local outreach workers, railway police, and other places; (xii) details of missing children should be sent to the District Crime Record Bureaus of the neighbouring States and Station House Officers (SHOs) of the bordering police stations including in -charge of all police posts in thei r jurisdiction and shall conduct regular interaction with the concerned so that follow up action is ensured. (5) Where a child cannot be traced within a period of four months, the investigation of the case shall be transferred to the Anti-Human Trafficking Unit in the District which shall make reports every three months to the District Legal Services Authority regarding the progress made in the investigation. (6) When a child is traced: (i) he shall be produced before the Board or the Committee or the Children’s Court, as the case may be, for appropriate directions; (ii) the police shall send a report to the District Legal Services Authority which shall provide counselling and support services to the child and the family; and (iii) t he police shall conduct an i nquiry whether the child has been subjected to any offence under the Act or any other law and if so, proceed accordingly. (7) The Central Government or the State Government may develop appropriate Standard Operating Procedures for the manner of inquiry in cas es of missing children to give effect to these rules. (8) In addition to the above Rules, The Standard Operation Procedure developed and notified by the central or state government may be followed in case of missing children. 93. Non-Compliance of the Act and th e Rules: Any officer/institution, statutory body etc., who fails to comply with the provisions of the Act and the Rules framed thereunder, the State Government may take action against such officer/ institution, statutory body etc. after due inquiry and sim ultaneously make alternative arrangements for discharge of functions for effective implementation of the Act. Ex-324/2019 - 122 - - 123 - 122 (x) scan the recordings of the Closed Circuit Television Cameras installed in the vicinity of the area from where the child was reportedmissing and on all possible routes and transit destination points like bus stands, railway stations, and other places; (xi) inquire from under construction sites, unused buildings, hospitals, and clinics, childline services, and other local outreach workers, railway police, and other places; (xii) details of missing children should be sent to the District Crime Record Bureaus of the neighbouring States and Station House Officers (SHOs) of the bordering police stations including in -charge of all police posts in thei r jurisdiction and shall conduct regular interaction with the concerned so that follow up action is ensured. (5) Where a child cannot be traced within a period of four months, the investigation of the case shall be transferred to the Anti-Human Trafficking Unit in the District which shall make reports every three months to the District Legal Services Authority regarding the progress made in the investigation. (6) When a child is traced: (i) he shall be produced before the Board or the Committee or the Children’s Court, as the case may be, for appropriate directions; (ii) the police shall send a report to the District Legal Services Authority which shall provide counselling and support services to the child and the family; and (iii) t he police shall conduct an i nquiry whether the child has been subjected to any offence under the Act or any other law and if so, proceed accordingly. (7) The Central Government or the State Government may develop appropriate Standard Operating Procedures for the manner of inquiry in cas es of missing children to give effect to these rules. (8) In addition to the above Rules, The Standard Operation Procedure developed and notified by the central or state government may be followed in case of missing children. 93. Non-Compliance of the Act and th e Rules: Any officer/institution, statutory body etc., who fails to comply with the provisions of the Act and the Rules framed thereunder, the State Government may take action against such officer/ institution, statutory body etc. after due inquiry and sim ultaneously make alternative arrangements for discharge of functions for effective implementation of the Act. Ex-324/2019 - 124 - - 125 - 123 94. Repeal.-The Mizoram Juvenile Justice (Care and Protection of Children) Rules, 2010 notified vide No.B.12019/2/07- SWD, the 7 thOctober, 2010are hereby repealed: Provided that any action taken or order issued un der the provisions of the Rules of 2010 prior to the notification of these rules shall, in so far asit is not inconsistent with the provisions of these rules, be deemed to have been taken or issued under the provisions of these rules. FORM 1 [Rules 8 (1), 8 (5)] SOCIAL BACKGROUND REPORT FIR/DD No … …………………………………… U/ Sections … ……………………………………… Police Station ……………………………………… Date & Time … ……………………………………. Name ofI.O. ……………………………………… Name of CWPO …………………………………… 1. Name ……………………………………………... 2. Father/Mother/Guardian’s namewith Contact N o. …..…………………… 3. Age/ Date of birth …………………………………………………………. 4. Address…………………………………………………………………….. 5. Religion (i) Hindu (OC/ BC/ SC/ ST) (ii) Muslim/ Christian/ Other (pl. specify) 6. Whether the child is differently abled: (i) Hearing Impairment (ii) Speech Impairment (iii) Physically disabled (iv) Mentally disabled (v) Others (please specify) 7. Family Details: 124 S. No. Name and Relationship AgeSex Edu - cation Occu - pation Income Health status History of Mental Illness (if any) Addictions (if any) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 8. Reasons for leaving home , if any………………………………………………… 9. Whether there is a history of involvement of family members in offences, if any 10. Habits of the child A B (i) Smoking (i) Watching TV/movies (ii) Alcohol consumption (ii) Playing indoor/ outdoor games (iii) Drug use (specify) (iii) Reading books (iv) Gambling (iv) Drawing/painting/acting/singing (v) Begging (v) Any other (vi) Any other 11. Employment details, if any…………………………………… 12. Details of income utilization: (i) Sent to family to meet family need (ii) Used by self for: a) For dress materialsYes/No b) For gamblingYes/No c) For alcoholYes/No d) For drug Yes/No e) For smokingYes/No f) SavingsYes/No 13. The details of education of the child: (i) Illiterate (ii) Studied up to V Standard (iii) Studied above V Standard but below VIII Standard (iv) Studied above VIII Standard but below X Standard (v) Studied above X Standard No Yes No Yes Yes No Ex-324/2019 - 124 - - 125 - 124 S. No. Name and Relationship AgeSex Edu - cation Occu - pation Income Health status History of Mental Illness (if any) Addictions (if any) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 8. Reasons for leaving home , if any………………………………………………… 9. Whether there is a history of involvement of family members in offences, if any 10. Habits of the child A B (i) Smoking (i) Watching TV/movies (ii) Alcohol consumption (ii) Playing indoor/ outdoor games (iii) Drug use (specify) (iii) Reading books (iv) Gambling (iv) Drawing/painting/acting/singing (v) Begging (v) Any other (vi) Any other 11. Employment details, if any…………………………………… 12. Details of income utilization: (i) Sent to family to meet family need (ii) Used by self for: a) For dress materialsYes/No b) For gamblingYes/No c) For alcoholYes/No d) For drug Yes/No e) For smokingYes/No f) SavingsYes/No 13. The details of education of the child: (i) Illiterate (ii) Studied up to V Standard (iii) Studied above V Standard but below VIII Standard (iv) Studied above VIII Standard but below X Standard (v) Studied above X Standard No Yes No Yes Yes No Ex-324/2019 - 126 - - 127 - 125 14. The reason for leaving School (i) Failure in the class last studied (ii) Lack of interest in the school activities (iii) Indifferent attitude of the teachers (iv) Peer group influence (v) To earn and support the family (vi) Sudden demise of parents (vii) Bullying in school (viii) Rigid school atmosphere (ix) Absenteeism followed by running away from school (x) Noage appropriate school nearby (xi) Abuse in school (xii) Humiliation in school (xiii) Corporal punishment (xiv) Medium of instruction (xv) Others (pl. specify) 15. The details of the school in which studied last: (i) Corporation/Municipal/Panchayat (ii) Government/SC Welfare School/BC Welfare School (iii) Private management (iv) School under NCLP 16. Vocational training, if any ……………………………………………… 17. Majority of the friends are (i) Educated (ii) Illiterate (iii) The same age group (iv) Older in age (v) Younger in age (vi) Same sex (vii) Opposite sex (viii) Addicts 126 (ix) With criminal background 18. Whether the child has been sub jected to any form of abuse:Yes/No S.No. Type of Abuse Remarks 1. Verbal abuse –parents/siblings/ employers/ others , (pl. specify) 2. Physical abuse(pl. specify) 3. Sexual abuse parents/siblings/ Employers/others (pl. specify) 4. Others (pl. specify) 19. Whether the child is a victim of any offence: 20. Whether the child is used by any gangs or adults or groupof adults or has been used for drug peddling: 21. Reason for alleged offence such as parental neglect or over protection, peer group influence etc. …………………………………………………………………………………… 22. Circumstances in which the child was apprehended ………………………………………………..…………………………………. 23. Details of articles recovered from the child: ……………………………………. …………………………………………………………………………………… 24. Alleged role of the child in the offence:… ………………………………………. ……………………………………………………………………………………. 25. Suggestions of Child Welfare Police Officer…………………………………… … ……………………………………………………………………………………. Signed by Child Welfare Police Officer FORM 2 [Rule 8 (7)] UNDERTAKING BY THE PARENT OR GUARDIAN OR FIT PERSON GIVEN INTERIM CUSTODY PENDING INQUIRY Whereas I, …...........………………… .. (Name) resident ofHouse No.…..…… … No Yes No Yes Ex-324/2019 - 126 - - 127 - 126 (ix) With criminal background 18. Whether the child has been subjected to any form of abuse:Yes/No S.No. Type of Abuse Remarks 1. Verbal abuse –parents/siblings/ employers/ others , (pl. specify) 2. Physical abuse(pl. specify) 3. Sexual abuse parents/siblings/ Employers/others (pl. specify) 4. Others (pl. specify) 19. Whether the child is a victim of any offence: 20. Whether the child is used by any gangs or adults or groupof adults or has been used for drug peddling: 21. Reason for alleged offence such as parental neglect or over protection, peer group influence etc. …………………………………………………………………………………… 22. Circumstances in which the child was apprehended ………………………………………………..…………………………………. 23. Details of articles recovered from the child: ……………………………………. …………………………………………………………………………………… 24. Alleged role of the child in the offence:… ………………………………………. ……………………………………………………………………………………. 25. Suggestions of Child Welfare Police Officer…………………………………… … ……………………………………………………………………………………. Signed by Child Welfare Police Officer FORM 2 [Rule 8 (7)] UNDERTAKING BY THE PARENT OR GUARDIAN OR FIT PERSON GIVEN INTERIM CUSTODY PENDING INQUIRY Whereas I, …...........………………… .. (Name) resident ofHouse No.…..…… … No Yes No Yes Ex-324/2019 - 128 - - 129 - 127 Street …............................. Village/Town……… .………District………… ..…… State…………… …………do hereby declare that I am willing to take charge o f (name of the child)………………………………..aged…………under the orders of the Board ……………………. subject to the following terms and conditions: 1. That I have annexed true, correct and authentic identification and address proof of myself. 2. That I undertake to produce him/her before the Board as and when required. 3. That I shall do my best for the welfare and education of the child as long as he/ she remains in my charge and shall make proper provision for his/her maintenance. 4. That in the event of his/her illness, he/she shall have proper medical attention in the nearest hospital and a report of it followed by a fitness cert ificate shall be submitted before the Board. 5. That I shall do my best to ensure that the child will not be subjected to any form of abuse/ neglect or exploitation 6. That if his/her conduct requires further supervision or care and protection,I shall at once inform the Board. 7. That if the child goes out of my charge or control, I shall immediately inform the Board. Date this …....day of …………..20……. Signature of person executing the Undertaking/ Bond (Signed before me) Juvenile Justice Board/Child Welfare Police Officer FORM 3 [Rule 10 (1) (iii)] SUPERVISION ORDER When the child is placed under the care of a fit person/fit institution/Probation Office r pending inquiry FIR/DD No. ……… …..of 20……PS………….. ………... 128 Whereas … ...…(Name of the child) is alleged to have committed an offence and is placed under the care of (Name)…………… (Address )……………on ex ecuting a bond by the said ……… and the Board is satisfied that it is expedient to deal with the said child by making an order placing him/ her under supervision. It is hereby ordered that the said child be placed under the supervision of ………………… for a period of……………subject to the following conditions: 1. That the child shall reside at………………… for a period of…………..and shall be produced before the Board as and when directed. 2. That the child shall not be allowed to quit the district jurisdiction of …………..without the permission of the Board. 3. That the child sha ll not be allowed to associate with such person who shall negatively influence the child. 4. That the person under whose care the child is placed shall arrange for the proper care, education and welfare of the child. 5. That the preventive measures will be tak en by the person under whose care the child is placed to see that the child does not commit any offence punishable by any law in India. 6. That the child shall be prevented from taking narcotic drugs or psychotropic substances or any other intoxicants. The p erson under whose supervision the child is placed shall report any such act of the child to the Board. Dated this ….... day of ………….. 20……. (Signature) Principal Magistrate/ Member Juvenile Justice Board Note: Additional, conditions, if any may be inserted by the Juvenile Justice Board. FORM 4 [Rule 10 (1) (iv)] ORDER OF PLACING A CHILD IN CHILD CARE INSTITUTION PENDING INQUIRY To The Officer in charge Ex-324/2019 - 128 - - 129 - 128 Whereas …...…(Name of the child) is alleged to have committed an offence and is placed under the care of (Name)…………… (Address )……………on ex ecuting a bond by the said ……… and the Board is satisfied that it is expedient to deal with the said child by making an order placing him/ her under supervision. It is hereby ordered that the said child be placed under the supervision of ………………… for a period of……………subject to the following conditions: 1. That the child shall reside at………………… for a period of…………..and shall be produced before the Board as and when directed. 2. That the child shall not be allowed to quit the district jurisdiction of …………..without the permission of the Board. 3. That the child sha ll not be allowed to associate with such person who shall negatively influence the child. 4. That the person under whose care the child is placed shall arrange for the proper care, education and welfare of the child. 5. That the preventive measures will be tak en by the person under whose care the child is placed to see that the child does not commit any offence punishable by any law in India. 6. That the child shall be prevented from taking narcotic drugs or psychotropic substances or any other intoxicants. The p erson under whose supervision the child is placed shall report any such act of the child to the Board. Dated this ….... day of ………….. 20……. (Signature) Principal Magistrate/ Member Juvenile Justice Board Note: Additional, conditions, if any may be inserted by the Juvenile Justice Board. FORM 4 [Rule 10 (1) (iv)] ORDER OF PLACING A CHILD IN CHILD CARE INSTITUTION PENDING INQUIRY To The Officer in charge Ex-324/2019 - 130 - - 131 - 129 Whereas on the……day of………..20….., …….…..….……….(Name of the child), son/ daughter of………… …aged…….., residing at ………………… alleged to beinvolved in FIR/DD No.….........……………… PS................................…………… (U/Section………………)is ordered by the Juvenile Justice Board to be kept in the Child Care Institution (Observation Home/ Place of Safety) namely ………… for a period of …………………….. This is to authorize and require you to receive the said child into your charge, and to keep him in the Child Care Institution ( Observation Home/ Place of Safety) ……………………………….. and to produce the child as and when directed by the Board, for the aforesaid order to be carried into execution according to law. Next date of hearing………………………. Given under my hand and the seal of Juvenile Justice Board This ….... day of ………….. 20……. (Signature) Principal Magistrate/Member Juvenile Justice Board FORM 5 [Rule 10 (2)] ORDER FOR SOCIAL INVESTIGATION REPORT FIR No……………………………… U/Sections………………………….. Police Station……………………………………. To, Probation Officer/Case Worker/ Child Welfare Officer/Person in-charge ofvoluntary or Non -Governmental Organization. 130 Whereas………… … (Name of the Child), son/daughter of………………. A ge ……….residing at………………………………,has been produced before the Board. You are hereby directed to enquire into the social antecedents, family background and circumstances of the alleged offence by the said child and submit your social investigation report on or before ……………….or within such time as allowed to you by the Board. You are also hereby directed to consult an expert in child psychology, psychiatric treatment or counselling or any other expert for their expert opinion if necessary and submit such report along with your Social Investigation Report. Dated this ….... day of ………….. 20……. (Signature) Principal Magistrate/ Member Juvenile Justice Board Copy to: - District Child Protection Officer/ Superintendent for information . FORM 6 [Rules 10 (9), 11 (2), 64(1), 64(3)(i)] SOCIAL INVESTIGATION REPORT FOR CHILDREN IN CONFLICT WITH LAW Sl. No…………. Submitted to the Juvenile Justice Board............................ ( Address). Probation Officer/ Voluntary/Non -Governmental Organization………….. (Name of the person) FIR No……………………………… ………… Under Sections ……………………… ………. Police Station……………………… ………… Nature of offence alleged: Petty Serious Heinous 1. Name………………………………………………………………… 2. Age/Date/Year of birth……………………………………………… Ex-324/2019 - 130 - - 131 - 130 Whereas…………… (Name of the Child), son/daughter of………………. A ge ……….residing at………………………………,has been produced before the Board. You are hereby directed to enquire into the social antecedents, family background and circumstances of the alleged offence by the said child and submit your social investigation report on or before ……………….or within such time as allowed to you by the Board. You are also hereby directed to consult an expert in child psychology, psychiatric treatment or counselling or any other expert for their expert opinion if necessary and submit such report along with your Social Investigation Report. Dated this ….... day of ………….. 20……. (Signature) Principal Magistrate/ Member Juvenile Justice Board Copy to: - District Child Protection Officer/ Superintendent for information . FORM 6 [Rules 10 (9), 11 (2), 64(1), 64(3)(i)] SOCIAL INVESTIGATION REPORT FOR CHILDREN IN CONFLICT WITH LAW Sl. No…………. Submitted to the Juvenile Justice Board............................ ( Address). Probation Officer/ Voluntary/Non -Governmental Organization………….. (Name of the person) FIR No……………………………… ………… Under Sections ……………………… ………. Police Station……………………… ………… Nature of offence alleged: Petty Serious Heinous 1. Name………………………………………………………………… 2. Age/Date/Year of birth……………………………………………… Ex-324/2019 - 132 - - 133 - 131 3. Sex………………………………… 4. Caste……………………………… 5. Religion…………………………... 6. Father’s Name …………………………………………………..…….… 7. Mother’s Name ………………………………………………..…..….… 8. Guardian’s Name ………………………………………………….……. 9. Permanent Address…………………………………………………….… 10. Landmark of theaddress ……………………………..……………….… 11. Address of last residence……… ..…………………………………….… 12. Contact no. of father/mother/family member… ………………………… 13. Whether the child is differently abled: Yes/No (i) Hearing Impairment (ii) Speech Impairment (iii) Physically disabled (iv) Mentally disabled (v) Others (please specify) 14. Family Details: S. No Name and Relation -ship Age Sex Edu - cation Occu - pation Income Health status History of Mental Illness (if any) Addictions (if any) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 15. If the child or person is married, name, age and details of spous e and children: …………………………………………………………………………………. 16. Relationship among the family members: i. Father & mother Cordial/ Non cordial/ Not known ii. Father & child Cordial/ Non cordial/ Not known iii. Mother & child Cordial/ Non cordial/ Not known 132 iv. Father & siblings Cordial/ Non cordial/ Not known v. Mother & siblings Cordial/ Non cordial/ Not known vi. Child & siblings Cordial/ Non cordial/ Not known vii. Child & grandparents (paternal/maternal) Cordial/ Non cordial/ Not known 17. History of involvement of family members in offences, if any: S. No. Relationship Nature of Crime Legal status of the case Arrest if any made Period of confinement Punish - ment awarded 1. Father 2. Step father 3. Mother 4. Step mother 5. Brother 6. Sister 7. Others (uncle/ aunty/ grandparents) 18. Attitude towards religion of child and family………..………………………… 19. Present living conditions …………………………… .………………………… 20. Other factors of importance if any……………………………………………… (i) Habits of the child (Tick as applicable) A B a) Smoking g) Watching TV/movies b) Alcohol consumption h) Playing indoor/ outdoor games c) Drug use (specify) i) Reading books d) Gambling j) Religious activities e) Begging k) Drawing/painting/acting/singing f) Any other l) Any other (ii) Extra-curricular intere sts…………………………………………………… Ex-324/2019 - 132 - - 133 - 132 iv. Father & siblings Cordial/ Non cordial/ Not known v. Mother & siblings Cordial/ Non cordial/ Not known vi. Child & siblings Cordial/ Non cordial/ Not known vii. Child & grandparents (paternal/maternal) Cordial/ Non cordial/ Not known 17. History of involvement of family members in offences, if any: S. No. Relationship Nature of Crime Legal status of the case Arrest if any made Period of confinement Punish - ment awarded 1. Father 2. Step father 3. Mother 4. Step mother 5. Brother 6. Sister 7. Others (uncle/ aunty/ grandparents) 18. Attitude towards religion of child and family………..………………………… 19. Present living conditions …………………………… .………………………… 20. Other factors of importance if any……………………………………………… (i) Habits of the child (Tick as applicable) A B a) Smoking g) Watching TV/movies b) Alcohol consumption h) Playing indoor/ outdoor games c) Drug use (specify) i) Reading books d) Gambling j) Religious activities e) Begging k) Drawing/painting/acting/singing f) Any other l) Any other (ii) Extra-curricular intere sts…………………………………………………… Ex-324/2019 - 134 - - 135 - 133 (iii) Outstanding characteristics andpersonality traits………………………… 22. Child’s opinion/reaction towards d iscipline in the home……………………… 23. Employment details of the child, if any………………………………………… 24. Details of income utilization and manne r of income utilization………………… 25. Work record (reasons for leaving vocational interests, attitude towards job or employers)………………… 26. The details of education of the child: (i) Illiterate (ii) Studied up to V Standard (iii) Studied above V Standard but below VIII Standard (iv) Studied above VIIIStandard but below X Standard (v) Studied above X Standard 27. Attitude of class mates tow ards the child……………………………………… 28. Attitude of teachers and classmat es towards the child………………………… 29. The reason for leaving School (tick Yes/No as applicable) (i) Failure in the class last studied (ii) Lack of interest in the school activities (iii) Indifferent attitude of the teachers (iv) Peer group influence (v) To earn and support the family (vi) Sudden demise of parents (vii) Bullying in school (viii) Rigid school atmosphere (ix) Absenteeism follow ed by running away from school (x) There is no age appropriate school nearby (xi) Abuse in school (xii) Humiliation in school (xiii) Corporal punishment (xiv) Medium of instruction (xv) Others (pl. specify) 134 30. The details of theschool in which studied last: (i) Corporation/Municipal/Panchayat (ii) Government/SC Welfare School/BC Welfare School (iii) Private management (iv) School under NCLP 31. Vocational training, if any……………………………………………… 32. Majority of the friends are (i) Educated (ii) Illiterate (iii) The sameage group (iv) Older in age (v) Younger in age (vi) Same sex (vii) Opposite sex (viii) Addicts (ix) With criminal background 33. Attitude of the child to wards friends…………………………………………… 34. Attitude of friends towards the child…………………………………………… 35. Observations of neighbours towards the child………………………………… 36. Observations about neighborhood (to assess the influence of neighborhood on the child)……………………………………………………………………… 37. Whether the child has been subjected to any f orm of abuse, if applicable: Yes/No S.No . Type of Abuse Remarks 1. Verbal abuse –parents/ siblings / employers / others, (pl. specify) 2. Physical abuse(pl. specify) 3. Sexual abuse parents/siblings/ employers/others (pl. specify) 4. Others (pl. specify) Ex-324/2019 - 134 - - 135 - 134 30. The details of theschool in which studied last: (i) Corporation/Municipal/Panchayat (ii) Government/SC Welfare School/BC Welfare School (iii) Private management (iv) School under NCLP 31. Vocational training, if any……………………………………………… 32. Majority of the friends are (i) Educated (ii) Illiterate (iii) The sameage group (iv) Older in age (v) Younger in age (vi) Same sex (vii) Opposite sex (viii) Addicts (ix) With criminal background 33. Attitude of the child to wards friends…………………………………………… 34. Attitude of friends towards the child…………………………………………… 35. Observations of neighbours towards the child………………………………… 36. Observations about neighborhood (to assess the influence of neighborhood on the child)……………………………………………………………………… 37. Whether the child has been subjected to any f orm of abuse, if applicable: Yes/No S.No . Type of Abuse Remarks 1. Verbal abuse –parents/ siblings / employers / others, (pl. specify) 2. Physical abuse(pl. specify) 3. Sexual abuse parents/siblings/ employers/others (pl. specify) 4. Others (pl. specify) Ex-324/2019 - 136 - - 137 - 135 38. Whether the childis a victim of any offence: Yes/No 39. Whether the child is used by any gangs or adults or group of adults or has been used for drug peddling: Yes/No 40. Does the child has tendency to run away from home, give details if any: Yes/No 41. Circumstances of apprehension of the child…………………………………… 42. Alleged role of the child in the offence………………………………………… 43. Reason for alleged offence: (i) Parental neglect (ii) Parental overprotection (iii) Parents criminal behaviour (iv) Parents influence (negative) (v) Peer group influence (vi) Bad habits (to buy drugs/alcohol) (vii) Others (pl. specify) 44. Whether the child has been apprehended earlier for any offence, if yes give details including stay in a child care institution Yes/ No ……………………………………………………………………………… 45. Previous institutional/case history and individual care plan, if any: 46. Physical appearance of the child: 47. Health condition of the child (including m edical examination report, if applicable) 48. Mental condition of the child: 49. Any other remark RESULT OF INQUIRY 1. Emotional factors…………………………………………………… 2. Physical condition …………………………………………………… 3. Intelligence …………………………………………………………… 4. Social and econ omic factors…………………………………………… 136 5. Suggestive causes of the problems…………………………………………… 6. Analysis of the case, including reasons/contributing factors for the offence 7. Opinion of experts consulted………………………………………………… 8. Recommendation regarding rehabilitation by Probation Officer/Child Welfare Officer………………………………………………………………………… Signature of the Probation Officer/ Child Welfare Officer/ Social Worker Stamp and Seal where available FORM 7 [Rules 11(3), 13(7) (vi), 13(8) (ii), 19(4), 19(17), 62(6) (vii), 62(6) (x), 69 I (3)] INDIVIDUAL CARE PLAN Child in Conflict with Law/ Child in Need of Care and Protection (Tick whichever is applicable) Name of Case Worker/Child Welfare Officer/Probation officer……………………… Date of preparing the ICP ………………………………………………...... Case/Profile No……………of 20………………… FIR No……………………………………………… U/Sections (Type of offence ), applicablein case ofChildren in Conflict with law .… Police Statio n……………………………………………………. …… Address of the Board or t he Committee……………… ………….…… Admission No. (if child is in an institution)…………………………………… …… Date of Admission (if child is in an institution) ……………………… Stay of the child (Fill as applicable) (i) Short term (up to six months) (ii) Medium Term (six months to one year) (iii) Long term (more than 1 year) Ex-324/2019 - 136 - - 137 - 136 5. Suggestive causes of the problems…………………………………………… 6. Analysis of the case, including reasons/contributing factors for the offence 7. Opinion of experts consulted………………………………………………… 8. Recommendation regarding rehabilitation by Probation Officer/Child Welfare Officer………………………………………………………………………… Signature of the Probation Officer/ Child Welfare Officer/ Social Worker Stamp and Seal where available FORM 7 [Rules 11(3), 13(7) (vi), 13(8) (ii), 19(4), 19(17), 62(6) (vii), 62(6) (x), 69 I (3)] INDIVIDUAL CARE PLAN Child in Conflict with Law/ Child in Need of Care and Protection (Tick whichever is applicable) Name of Case Worker/Child Welfare Officer/Probation officer……………………… Date of preparing the ICP ………………………………………………...... Case/Profile No……………of 20………………… FIR No……………………………………………… U/Sections (Type of offence ), applicablein case ofChildren in Conflict with law .… Police Statio n……………………………………………………. …… Address of the Board or t he Committee……………… ………….…… Admission No. (if child is in an institution)…………………………………… …… Date of Admission (if child is in an institution) ……………………… Stay of the child (Fill as applicable) (i) Short term (up to six months) (ii) Medium Term (six months to one year) (iii) Long term (more than 1 year) Ex-324/2019 - 138 - - 139 - 137 A. PERSONAL DETAILS (to be provided by child/parent/ both onadmission of the child in the institution) 1. Name of the Child………………………………… …………… 2. Age/Date of Birth…………………………………………….… 3. Sex: Male/Female……………………………………………… 4. Father’s name………………………………………………… 5. Mother’s name……………………………………………… …. 6. Nationality……………………………………………………... 7. Religion………………………………………………………… 8. Caste…………………………………………………………… 9. Language spoken………………………………………………………... … 10. Level of Education………………………………………………………. … 11. Details of Savings Account of the child, if any………………………….… 12. Details of child’s earnings and belongings, if any……………………….... 13. Details of awards/rewards received by the child, if any…………………… 14. Based on the results of Case History, Social Investigation report and interaction with the child, give details on following areas of concern and interventions required,if any S.No. Category Areas of concern Proposed Interventions 1. Child’s expectation from care and protection 2. Health and nutrition needs 3. Emotional and psychological support needs 4. Educational and Training needs 5. Leisure, creativity and play 6. Attachments and Inter -personal Relationships 7. Religious beliefs 8. Self care and life skill training for Protection from all kinds of abuse, neglect and maltreatment 9. Independent living skills 138 10. Any other such as significant experiences which may have impacted the development of the child like trafficking, domestic violence, parental neglect, bullying in school, etc. (Please specify) B. PROGRESS REPORT OF THE CHILD ( tobe prepared every fortnight for first three months and thereafter to be prepared once a month) [ Note: Use different sheet for Progress Report] 1. Name of the Probation Officer/Case Wor ker/Child Welfare Officer…………… 2. Period of the report…………………………………………………… 3. AdmissionNo…………………………………………………… 4. Board or Com mittee……………………………………………………… 5. Profile No. /Case No …………………………………………… ………… 6. Name of the Child………………………………… …………………… 7. Stay of the child (Fill as applicable) (i) Short term (up to six months) (ii) Medium term (six months to one year) (iii) Long term (more than 1 year) 8. Place of interview …………………….. Dates……………………. 9. General conduct and progress of the child during the period of the report ………………………………………………………………………………………………… ………………………..…………………………… ……………… 10. Progress made with regard to proposed interventions as mentioned in point 14 of Part A of this Form. S. No. Category Proposed Interventions Progress of the child 1. Child’s expectation from care and protection 2. Health and nutrition needs 3. Emotional and psychological support needed 4. Educational and Training needs 5. Leisure, creativity and play 6. Attachments and Inter -personal Relationships 7. Religious beliefs Ex-324/2019 - 138 - - 139 - 138 10. Any other such as significant experiences which may have impacted the development of the child like trafficking, domestic violence, parental neglect, bullying in school, etc. (Please specify) B. PROGRESS REPORT OF THE CHILD (tobe prepared every fortnight for first three months and thereafter to be prepared once a month) [ Note: Use different sheet for Progress Report] 1. Name of the Probation Officer/Case Wor ker/Child Welfare Officer…………… 2. Period of the report…………………………………………………… 3. AdmissionNo…………………………………………………… 4. Board or Com mittee……………………………………………………… 5. Profile No. /Case No …………………………………………… ………… 6. Name of the Child………………………………… …………………… 7. Stay of the child (Fill as applicable) (i) Short term (up to six months) (ii) Medium term (six months to one year) (iii) Long term (more than 1 year) 8. Place of interview …………………….. Dates……………………. 9. General conduct and progress of the child during the period of the report ………………………………………………………………………………………………… ………………………..…………………………… ……………… 10. Progress made with regard to proposed interventions as mentioned in point 14 of Part A of this Form. S. No. Category Proposed Interventions Progress of the child 1. Child’s expectation from care and protection 2. Health and nutrition needs 3. Emotional and psychological support needed 4. Educational and Training needs 5. Leisure, creativity and play 6. Attachments and Inter -personal Relationships 7. Religious beliefs Ex-324/2019 - 140 - - 141 - 139 8. Self care and life skill training for Protection from all kinds of abuse, neglect and maltreatment 9. Independent living skills 10. Any other such as significant experiences which may have impacted the development of the child like trafficking, domestic violence, parental neglect, bullying in school, etc. (Please specify) 11. Any proceedings before the Committee or Board or Children’sCourt (i) Variation of conditions of bond (ii) Change of residence of the child (iii) Other matters, if any 12. Period of supervision completed on………………………………………… Result of supervision with remarks (if any)……………………………… … Name and Addresses of the parent or guardian or fit person under whose care the child is to live after the supervision is over…………………………… Date ofreport…………….. ..Signature of Case Worker/ Child Welfare Officer ……………......................... C. PRE -RELEASE REPORT (to be prepared 15 days prior to release) 1. Details of place of transfer/ release and authority concerned responsible for the place of transfer/release 2. Details of placement of the child in different institutions/family 3. Training undergone and skills acquired 4. Last progress report of the child (to be attached, refer Part B) 5. Rehabilitation and r estoration plan of the child (to be prepared with reference to progress reports of the child) S.No. Category Rehabilitation and restoration plan of the child 1. Child’s expectation from care and protection 2. Health and nutrition 3. Emotional and psychological 140 4. Educational and Training 5. Leisure, creativity and play 6. Attachments and Inter -personal Relationships 7. Religious belief 8. Self care and life skill training for Protection from all kinds of abuse, neglect and maltreatment 9. independent living skills 10. Any other 6. Date of release/transfer/repatriation……………………………………… 7. Requisition for escort if required……………………………………… 8. Identification Proof of escort such as driving license, Aadhar Card, etc………..……… 9. Recommendedrehabilitation plan including p ossible placements/sponsorships ………………………..…………………………………… 10. Details of Probation Officer/non- governmental organization for post -release follow -up ………………………...................................................... 11. Memorandum of Unde rstanding with non-governmental organisation identified for post- release follow -up (Attach a copy)……….. …………… 12. Details of sponsorship agency/individ ual sponsor, if any………………… 13. Memorandum of Understanding between the sponsoring agency and individual sponsor (Attach a copy)…………………… 14. Medical examination report before release………………………… 15. Any other information………………………………… D. POST -RELEASE/RESTORASTION REPORT OF THE CHILD 1. Status of Bank Account : Closed / Transferred 2. Earnings and belongings of the child: handed overtothe child or his parents/guardians – Yes/No 3. First interaction report of the Probation Officer/Chi ld Welfare Officer/Case Worker /social worker/non- governmental organisation identified for follow- up with the child post -r elease…………………………………… Ex-324/2019 - 140 - - 141 - 140 4. Educational and Training 5. Leisure, creativity and play 6. Attachments and Inter -personal Relationships 7. Religious belief 8. Self care and life skill training for Protection from all kinds of abuse, neglect and maltreatment 9. independent living skills 10. Any other 6. Date of release/transfer/repatriation……………………………………… 7. Requisition for escort if required……………………………………… 8. Identification Proof of escort such as driving license, Aadhar Card, etc………..……… 9. Recommendedrehabilitation plan including p ossible placements/sponsorships ………………………..…………………………………… 10. Details of Probation Officer/non- governmental organization for post -release follow -up ………………………...................................................... 11. Memorandum of Unde rstanding with non-governmental organisation identified for post- release follow -up (Attach a copy)……….. …………… 12. Details of sponsorship agency/individ ual sponsor, if any………………… 13. Memorandum of Understanding between the sponsoring agency and individual sponsor (Attach a copy)…………………… 14. Medical examination report before release………………………… 15. Any other information………………………………… D. POST -RELEASE/RESTORASTION REPORT OF THE CHILD 1. Status of Bank Account : Closed / Transferred 2. Earnings and belongings of the child: handed overtothe child or his parents/guardians – Yes/No 3. First interaction report of the Probation Officer/Chi ld Welfare Officer/Case Worker /social worker/non- governmental organisation identified for follow- up with the child post -r elease…………………………………… Ex-324/2019 - 142 - - 143 - 141 4. Progressmade with reference to Rehabili tation and Restoration Plan ………… ……………………………………………………………… 5. Family’s behavior/attitude to wards the child…….......…………....……...... 6. Social milieu of the child, particularly attitude of neighbours/community ……………………………………………………… 7. How is the child using the skills acquired ………………...........…………… 8. Whether the child has been admitted to a School or vocation? Give date and name of the school/institute/any other agency Yes/No ……………………………………………… ……………………………… 9. Report of second and third follow-up interaction with the child after two months and six months respe ctively………… …………………………… 10. Efforts towards social mainstreaming and chi ld’s opinion/views about it ......…………………………………………………………………….......… 11. Identity Cards and Compensation [Instruction: Please verify with the physical documents] IDENTITY CARDS Present status (Please tick whichever is applicable) Action taken Yes No Birth Certificate School Certificate Caste Certificate BPL Card Disability Certificate Immunization Card Ration Card Adhaar Card Received compensation from Government Signature of the Probation Officer/Child Welfare Officer Stamp and Seal where available 142 FORM 8 [Rule 11(6)] UNDERTAKING/ BOND TO BE EXECUTED BY A PARENT/ GUARDIAN/ /FIT PERSON IN WHOSE CARE A CHILD IN CONFLICT WITH LAW IS PLACED Whereas I, ……………………………… being the parent, guardian, relative or fit person under whose care………………………………….. .(name of the child) has been ordered to be placed by the Juvenile Justice Board……………………. having been directed by the said Board to execute an undertaking/ bond with surety in the sum of Rs………../ - (Rupees…………………………) or without surety, I hereby bind myself to be responsible for the good behavior and well -being of the said ………………… …….and to observe the following conditions for a period of ………….. ……… years with effect from …………………………... 1. That I shall not change my place of residence without giving previous intimation in writing to the Juvenile Justice Board through the Probation Officer; 2. That I shall not remove the said child from the limits of the jurisdiction of the Juvenile Justice Board without previously obtaining the written permission of the Board; 3. That I shall send the said child daily to school/to such vocation as is approved by the Board unless pre vented from so doing by circumstances beyond control; 4. That I shall sincerely give effect to the Individual Care Plan with the help of the Probation Officer; 5. That I shall report immediately to the Board whenever so required by it and also produce the child before the Board as and when directed to do so; 6. That I shall produce the said child in my care before the Board, if he/she does not follow the orders of Board or his/her behavior is beyond my control; 7. That I shall report to the Board if the child goes out of my control or charge; 8. That I shall render all necessary assistance to the Probation Officer to enable him to carry out the duties of supervision. In the event of my making default herein, I undertake to appear before the Board and bind myself to p ay to Government the sum of Rs .……… (Rupees………………… …….). Dated this ….... day of ………….. 20……. Signature of person executing the Undertaking/Bond.(Signed before me) Principal Magistrate/ Member Juvenile Justice Board Ex-324/2019 - 142 - - 143 - 142 FORM 8 [Rule 11(6)] UNDERTAKING/ BOND TO BE EXECUTED BY A PARENT/ GUARDIAN/ /FIT PERSON IN WHOSE CARE A CHILD IN CONFLICT WITH LAW IS PLACED Whereas I, ……………………………… being the parent, guardian, relative or fit person under whose care………………………………….. .(name of the child) has been ordered to be placed by the Juvenile Justice Board……………………. having been directed by the said Board to execute an undertaking/ bond with surety in the sum of Rs………../ - (Rupees…………………………) or without surety, I hereby bind myself to be responsible for the good behavior and well -being of the said ………………… …….and to observe the following conditions for a period of ………….. ……… years with effect from …………………………... 1. That I shall not change my place of residence without giving previous intimation in writing to the Juvenile Justice Board through the Probation Officer; 2. That I shall not remove the said child from the limits of the jurisdiction of the Juvenile Justice Board without previously obtaining the written permission of the Board; 3. That I shall send the said child daily to school/to such vocation as is approved by the Board unless pre vented from so doing by circumstances beyond control; 4. That I shall sincerely give effect to the Individual Care Plan with the help of the Probation Officer; 5. That I shall report immediately to the Board whenever so required by it and also produce the child before the Board as and when directed to do so; 6. That I shall produce the said child in my care before the Board, if he/she does not follow the orders of Board or his/her behavior is beyond my control; 7. That I shall report to the Board if the child goes out of my control or charge; 8. That I shall render all necessary assistance to the Probation Officer to enable him to carry out the duties of supervision. In the event of my making default herein, I undertake to appear before the Board and bind myself to p ay to Government the sum of Rs .……… (Rupees………………… …….). Dated this ….... day of ………….. 20……. Signature of person executing the Undertaking/Bond.(Signed before me) Principal Magistrate/ Member Juvenile Justice Board Ex-324/2019 - 144 - - 145 - 143 Additional conditions, if any, by the Juvenile Justice Board may be entered numbering them properly; (Where a bond with sureties is to executed add) I/We …………………………. of ……………………… (place of residence with full particulars) hereby declare myself/ourselves as surety/sureties for the aforesaid …………… …. (name of the person executing the undertaking/bond) to adhere to the terms and conditions of this undertaking/bond. In case of ………………………… …. (name of the person executing the bond) making fault therein, I/We here by bind myself/ourselves jointly or severally to forfeit to government the sum of Rs………………… / (Rupees… ...………………………….) dated this the…… ………... day of …………….20…………. in the presence of……………………………. Signature of Surety ( ties) (Signed before me) Principal Magistrate/ Member, Juvenile Justice Board FORM 9 [Rules 11(7)] PERSONAL BOND BY CHILD Whereas I, ……………………inhabitant of……………………..(give full particulars such as house number, road, village/town, tehsil, district, state) have been ordered to be sent back/restored by the Juvenile Justice Board …………………..under section ……….. of the Juvenile Justic e (Care and Protection of Children) Act, 2015 on my entering into a personal bond to observe the conditions mentioned herein below. Now, therefore, I do solemnly promise to abide by these conditions during the period…………………………... I hereby bind myself as follows: 1. That during the period………….. I shall not ordinarily leave the village/town/district to which I am sent and shall not ordinarily return to…………………….or go anywhere else beyond the said district without the prior permission of the Board; 2. That during the said period I shall attend school/ vocational training in the village/town or in the said district to which I am sent; 144 3. That in case of my attending school/ vocational training at any other place in the said district I shall keep the Board informed of my ordinary place of residence. I hereby acknowledge that I am aware of the above conditions which have been read over/explained to me and that I accept the same. (Signature or thumb impression of the child) Certified that the conditions specified in the above order have been read over/explained to (Name of child) ……………………..and that he has accepted them as the conditions upon non- compliance of which he/she may be placed in safe custody. Certified accordingly that the said child has been rel eased/ relieved on (date) ……… Signature Principal Magistrate/Members Juvenile Justice Board FORM 10 [Rules 11(9) and 64 (3) (xiii)] PERIODIC REPORT BY PROBATION OFFICER WHEN A CHILD IS RELEASED ON PROBATION FIR No……………. Police Station ……… …...U/Sections…………… In the matter of……………….. vs…………………………………… Whereas (name of the child) ………………….., age…………, has on……. ( Date) been found to be a child in conflict with law, and has been placed under the care of ……………… ( Parent /guardian/ fit person/fit facility) and under the supervision of ………………… ( Nameof Probation Officer) Reg. No. : - Age (approximately) : - Sex: -Male / Female / Name: - Fathers Name: - Religion: - Education: - Vocational Training, if any Language(s) known: - Next court date: - Employment, if any Date of admission (in case of fit person/fit facility) Ex-324/2019 - 144 - - 145 - 144 3. That in case of my attending school/ vocational training at any other place in the said district I shall keep the Board informed of my ordinary place of residence. I hereby acknowledge that I am aware of the above conditions which have been read over/explained to me and that I accept the same. (Signature or thumb impression of the child) Certified that the conditions specified in the above order have been read over/explained to (Name of child) ……………………..and that he has accepted them as the conditions upon non- compliance of which he/she may be placed in safe custody. Certified accordingly that the said child has been rel eased/ relieved on (date) ……… Signature Principal Magistrate/Members Juvenile Justice Board FORM 10 [Rules 11(9) and 64 (3) (xiii)] PERIODIC REPORT BY PROBATION OFFICER WHEN A CHILD IS RELEASED ON PROBATION FIR No……………. Police Station ……… …...U/Sections…………… In the matter of……………….. vs…………………………………… Whereas (name of the child) ………………….., age…………, has on……. ( Date) been found to be a child in conflict with law, and has been placed under the care of ……………… ( Parent /guardian/ fit person/fit facility) and under the supervision of ………………… ( Nameof Probation Officer) Reg. No. : - Age (approximately) : - Sex: -Male / Female / Name: - Fathers Name: - Religion: - Education: - Vocational Training, if any Language(s) known: - Next court date: - Employment, if any Date of admission (in case of fit person/fit facility) Ex-324/2019 - 146 - - 147 - 145 Case details and summary …………………………………………………………………………………… ……… …………………………………………………………………………………… ……… 1. Preliminary details: (i) Visit Date: ………………. /…………………../……………. (ii) Name of Parent / Guardian…………………………………… (iii) Names of Other Adults L iving in the Home and with whom the Probation Officer interacted: 2. Observations: (i) Child’s beh aviors………………………………………………… (ii) Physical and mental health status/nee ds of child and family…………… (iii) Inter-personal relationship of the c hild with the family………………… (iv) Inter-personal relationship with friends…………………………… (v) Safety and supervision in the family………………………………… (vi) Difficulties faced by the child………………………………………… (vii) Difficulties faced by the family………………………… (viii) Changes in thehousehold…………………………… (ix) Vocational training, if any being undertaken by the child……………… (x) Engagement of child in any anti -social activities or harmful activities ( Examples could be exhibiting bullying behaviour, violent outbursts , destructions, self-harm, lying, defiance, impulsiveness, lack of empathy, sexually deviant actions etc.) … ……………………… (xi) Time elapsed since last engagement in any anti-social behavior or harmful activities…………………. 3. Visit to school/ vocational training centre (i) Name of the sch ool/centre…………………………………………… (ii) Name of the Teacher / Principal met……………………………… (iii) Any unusual behavi or observed……………………………… (iv) Feedback received on the prog ress of the child…………………… (v) Attitude of the peers towards the child…………………………… (vi) Attitude of the child towards the peers…………………………… 4. Visit to place of employment: (i) Nature of work………………………………………………… 146 (ii) Workinghours…………………………………………………… (iii) Attitude of the chi ld towards work……………………………… (iv) Violation of any labour laws, Low wages or wages being withheld, if observe d and action taken against employer…………………………… 5. Did you spend time speak ing privately with the child Yes No If no, give reasons………………… ………………………………......… 6. Progress made as per Rehabilitation and Restoration Plan under the Individual Care Plan (refer point 14 of form 7) …………………………………......… 7. Recommendations for modifications in Rehabilitation and Restoration Plan under the Individual Care Plan , if any: Prepa red by: ……………………………………..… (Probation Officer …./.…./.……. (Date) Plan: Date of next visit: …………………… Action point if any: ……………………………… Signature (Probation Officer) FORM 11 [Rule 12(1)] CASE MONITORING SHEET (Separate Sheet may be used in case there are more than one child) Juvenile Justice Board, District……………… Case No. .............................of............................. Case Name: Police Station................................................ U/S.............................................................. Date............................................ ... FIR/ GD/ DD No. ....................... Name of Probation Officer .................. Name of Lawyer................... (If not represented provide Legal Aid Lawyer) Name of IO..... .............................. Name of Child Welfare Police Officer............ …………………… Ex-324/2019 - 146 - - 147 - 146 (ii) Workinghours…………………………………………………… (iii) Attitude of the chi ld towards work……………………………… (iv) Violation of any labour laws, Low wages or wages being withheld, if observe d and action taken against employer…………………………… 5. Did you spend time speak ing privately with the child Yes No If no, give reasons………………… ………………………………......… 6. Progress made as per Rehabilitation and Restoration Plan under the Individual Care Plan (refer point 14 of form 7) …………………………………......… 7. Recommendations for modifications in Rehabilitation and Restoration Plan under the Individual Care Plan , if any: Prepa red by: ……………………………………..… (Probation Officer …./.…./.……. (Date) Plan: Date of next visit: …………………… Action point if any: ……………………………… Signature (Probation Officer) FORM 11 [Rule 12(1)] CASE MONITORING SHEET (Separate Sheet may be used in case there are more than one child) Juvenile Justice Board, District……………… Case No. .............................of............................. Case Name: Police Station................................................ U/S.............................................................. Date............................................ ... FIR/ GD/ DD No. ....................... Name of Probation Officer .................. Name of Lawyer................... (If not represented provide Legal Aid Lawyer) Name of IO..... .............................. Name of Child Welfare Police Officer............ …………………… Ex-324/2019 - 148 - - 149 - 147 PARTICULARS OF CHILD NameParents/ Guardian with Contact No. Present address Permanent address DATE ΑΝ DΤΙΜΕ CHILD ΑΡΡ RΕΗΕΝ DED DATE AND TIME OF FIRST PRODUCTION DATE OF MEDICAL EXAMINATION UNDER SECTION 54 Cr.P.C. ΑGΕ DΕΤΕ RΜΙΝΑΤΙΟΝ Age on the Date of offence Date of age Determination Time taken for age determination Determination by BOARD COURT Evidence Relied: Documents Medical PROGRESS OF INQUIRY (Time schedule for disposal of the case to be fixed on the first day of hearing) Steps to be taken Scheduled Date Actual Date Day 1: Social Background Report by Police (in Form No. 1) Dated… . Day 1: Consideration of Bail Dated…… Day 2: Age determination Dated…… NATURE OF OFFENCE PETTY (maximum punishment upto three years) SERIOUS (maximum punishment between three to seven years) HEINOUS (minimum punishment for seven years or more) CUS ΤΟ DΥΟ FΤΗΕ CHILD In Observation Home/ Place of Safety Date of grant of bail Sent under supervision (Name of Institution) From................. То ................... 148 Day 2: SIR (Form No.6) by Probation Officer Dated…… Day 2: Section 173 CrPC Final Report by Police on completion of Investigation Dated…… Day 3: Submission of Report on Provisions of further investigation, if any Dated…… Day 3: Section 251 CrPC Notice Dated…… Day 4 -6: Prosecution Evidence (From……… to…….) Depending on the number of witnesses continuous dates may be fixed) Dated…….. Dated…… Dated…… Day 7: Statement of child under Section 281 CrPC Dated…… Day 8: Defence Evidence Dated……. Day 8: Individual Care Plan (In case of child in institutional care Individual Care Plan should be prepared within one month of admittance Dated…… Day 9: Final Arguments Dated…… Day 10: Dispositional (Final) Order Dated…… Day 11: Post Dispositional Review Dated…… S igned by Juvenile Justice Board FORM 12 [Rule 12(2)] QUARTERLY REPORT BY JUVENILE JUSTICE BOARD District Quarterly Report for the period: From…………… to………….. Details of JJB S.No. Details Date of Appointment Training attended 1. Principal Magistrate 2. Member 1 3. Member 2 4. Member 3 Ex-324/2019 - 148 - - 149 - 148 Day 2: SIR (Form No.6) by Probation Officer Dated…… Day 2: Section 173 CrPC Final Report by Police on completion of Investigation Dated…… Day 3: Submission of Report on Provisions of further investigation, if any Dated…… Day 3: Section 251 CrPC Notice Dated…… Day 4 -6: Prosecution Evidence (From……… to…….) Depending on the number of witnesses continuous dates may be fixed) Dated…….. Dated…… Dated…… Day 7: Statement of child under Section 281 CrPC Dated…… Day 8: Defence Evidence Dated……. Day 8: Individual Care Plan (In case of child in institutional care Individual Care Plan should be prepared within one month of admittance Dated…… Day 9: Final Arguments Dated…… Day 10: Dispositional (Final) Order Dated…… Day 11: Post Dispositional Review Dated…… Signed by Juvenile Justice Board FORM 12 [Rule 12(2)] QUARTERLY REPORT BY JUVENILE JUSTICE BOARD District Quarterly Report for the period: From…………… to………….. Details of JJB S.No. Details Date of Appointment Training attended 1. Principal Magistrate 2. Member 1 3. Member 2 4. Member 3 Ex-324/2019 - 150 - - 151 - 149 VISIT TO HOMES BY PRINCIPAL MAGISTRATE Date of visit: Name and Address of Home : Remark: VISIT TO JAILS BY PRINCIPAL MAGISTRATE Date of Visit: Whether any children found: Action taken: CASES INSTITUTED DURING THE QUARTER PETTY SERIOUS HEINOUS ΤΟΤΑ L Number cases Number of Children Children granted bail Children sent to Observation Home Number of cases where preliminary reports were submitted in stipulated time ΡΕΝ DΕΝ CΥΟ F C ΑSΕS Nature of case Old cases New cases Disposal Current pendency Less than 4 months 4 months to 6 months 6 months to 1 year More than 1 year Petty Serious Heinous Total FINAL ORDER Total number of final orders passed Discharged Transfer to other JJB Abated on Death Repatria - te d to Foreign Country Transfer - r e d to Children’s Court Declared Compoun- ded & file consigned Termina - ted under rule …. (postproduc tion process) Acquitted / Finding of commis - s ion in offence 150 Nature of Dispositional Orders wh ere child has committed Offence (mention the No. of orders) COMPLAINT/SUGGESTION, IF ANY, RECEIVED AND ACTION TAKEN …………………………………………………………………………………… …………………………………………………………………………………… REMARK/SUGGESTION BY BOARD a. Principal Magistrate …………………………………………………………………………………… b. Member : 1 ………………………………………………………………………………… c. Member: 2 … ……………………………………………………………………………… Principal Magistrate Member –1 Member -2 FORM 13 [Rules 13(8)(iv)] PERIODIC REVIEW OF A CHILD IN PLACE OF SAFETY FIR No……………………………….. PS…………..U/Sections In the matter of ……………………… vs. ………………………….. Whereas (name of the child) ……………… .,age……….., has on …………(date) been found to be a child in conflict with law, and has been placed in........................... (Name of place of safety) Date of admission to place of safety – Period of Review: From……………… to…………….. Name of the Child………………………………………………………………… Father’s Name……………………… …………………………………………… Date of admission………………………………………………………………… Next date of hearing……………………………………………………………… Ex-324/2019 - 150 - - 151 - 150 Nature of Dispositional Orders wh ere child has committed Offence (mention the No. of orders) COMPLAINT/SUGGESTION, IF ANY, RECEIVED AND ACTION TAKEN …………………………………………………………………………………… …………………………………………………………………………………… REMARK/SUGGESTION BY BOARD a. Principal Magistrate …………………………………………………………………………………… b. Member : 1 ………………………………………………………………………………… c. Member: 2 … ……………………………………………………………………………… Principal Magistrate Member –1 Member -2 FORM 13 [Rules 13(8)(iv)] PERIODIC REVIEW OF A CHILD IN PLACE OF SAFETY FIR No……………………………….. PS…………..U/Sections In the matter of ……………………… vs. ………………………….. Whereas (name of the child) ……………… .,age……….., has on …………(date) been found to be a child in conflict with law, and has been placed in........................... (Name of place of safety) Date of admission to place of safety – Period of Review: From……………… to…………….. Name of the Child………………………………………………………………… Father’s Name……………………… …………………………………………… Date of admission………………………………………………………………… Next date of hearing……………………………………………………………… Ex-324/2019 - 152 - - 153 - 151 1. Case details and summary ………………………………………………………...……………………… 2. Individual Care Plan (Attach a copy) ………………………………………………………………………………… 3. Fortnightly progress made as per Individual Care Plan ………………………….…………………………………………………… 4. Development of new interests …………………………………………………………….…………………… 5. Psycho-social progress made by the child: (to be prepared with the help of a psycho -s ocial expert) I. Mental Status Evaluation (a) Appearance (Observed) -Possible descriptors: • posture, clothes, grooming. (b) Behavior (Observed) -Possible descriptors: • Mannerisms, gestures, psychomotor activity, expression, eye contact, ability to follow commands/requests, compulsions II. Attitude (Observed) - Possible descriptors: • Cooperative, hostile, open, secretive, evasiv e, suspicious, apathetic, easily distracted, focused, defensive. III. Level of Consciousness (Observed) - Possible descriptors: • Vigilant, alert, drowsy, lethargic, stuporous, asleep, comatose, confused, fluctuating. IV. Orientation (Inquired) – Possible questions: • “What is your full name?” • “Where are we at (floor, building, city, county, and state)?” • “What is the full date today (date, month, year, day of the week, and season of the year)?” • “How would you describe the situation we are in?” V. Speech and L anguage (Observed) A. Quantity - Possible descriptors: • Talkative, spontaneous, quiet B. Rate -Possible descriptors: • Fast, slow, normal, pressured. C. Volume (Tone). VI. Mood (Inquired): A sustained state of inner feeling – Possible questions: • “ How ar e you feeling?” • “Have you been discouraged/depressed/low?” • “Have you been energized/elated/high/out of control lately?” • “Have you been angry/irritable?” VII. Affect (Observed): An observed expression of inner feeling. VIII. Thought Processes or Thought Form ( Inquired/Observed): logic, relevance, organization, flow and coherence of thought in response to general questioning during the interview. -Possible descriptors: goal -directed, circumstantial, loose associations, incoherent, evasive, perseveration. 152 IX. Thoug ht Content (Inquired/Observed) X. Suicidality and Homicidality – Assessment XI. Insight (Inquired/Observed) XII. Attention (Inquired/Observed) XIII. Feelings of guilt/ remorse: present/ absent 6. Status of Current Educational/ Vocational Rehabilitation Programme • Motivation for the programme…………………………………………… • Level of cooperativeness………………………………………………… • Regularity………………………………………………………………… • Quality of work/performance……………………………………………… 7. Impact of institutionalizatio n on the person………………………………… 8. Approach to evaluation/ per iodic follow ups…………………………………… Willingness/ability to participate in treatment and rehabilitation in programs/facilities, consistent with public safety. RECOMMENDATIONS (including whether the person may be released or released on conditions or requires further institutionalization with justification) ………………………………………………………………………………………………..……… ……………………………………………………………………… DATE : P L A CE : NAME : DESIGNATION : SIGNATURE : Recommendations/Findings : Signature / Seal Prepared by: ………………………………. …………..… (Probation Officer / Social Worker … .../...…./ …… ( Date) Ex-324/2019 - 152 - - 153 - 152 IX.Thoug ht Content (Inquired/Observed) X. Suicidality and Homicidality – Assessment XI. Insight (Inquired/Observed) XII. Attention (Inquired/Observed) XIII. Feelings of guilt/ remorse: present/ absent 6. Status of Current Educational/ Vocational Rehabilitation Programme • Motivation for the programme…………………………………………… • Level of cooperativeness………………………………………………… • Regularity………………………………………………………………… • Quality of work/performance……………………………………………… 7. Impact of institutionalizatio n on the person………………………………… 8. Approach to evaluation/ per iodic follow ups…………………………………… Willingness/ability to participate in treatment and rehabilitation in programs/facilities, consistent with public safety. RECOMMENDATIONS (including whether the person may be released or released on conditions or requires further institutionalization with justification) ………………………………………………………………………………………………..……… ……………………………………………………………………… DATE : P L A CE : NAME : DESIGNATION : SIGNATURE : Recommendations/Findings : Signature / Seal Prepared by: ………………………………. …………..… (Probation Officer / Social Worker … .../...…./ …… ( Date) Ex-324/2019 - 154 - - 155 - 153 FORM 14 [Rules 7 (1) (ii), 13(8 ) (vi)(C)(cd), 17(vi), 19(20), 65(3) (viii), 69 E (2), 69 I (4), 69J ( 1), 69J ( 3)] REHABILITATION CARD FIR No …….. /Case No………… U/Sections…………………….. PS…………………………….. Nature of Offence: heinous, serious or petty (in case of child in conflict with law) Name of Probation Officer / Child Welfare Officer/Rehabilitationcum Placement Officer: ....................................................................... Name of the child : Age : Sex : Father’s name : Mother’s name : Admission No. : Date of Admission : Date of Provisional Release / Release: Services availed under Individual Care Plan – Indicators Child’s expectation from care and protection First Month Plan : Outcome: Second Month Plan : Outcome: Third Month Plan : Outcome: Fourth Month Plan : Outcome: 154 Emotional and psychological support needed First Month Plan : Outcome : Second Month Plan : Outcome : Third Month Plan : Outcome : Fourth Month Plan : Outcome : Education and Training First Month Plan : Outcome : Second Month Plan : Outcome : Third Month Plan : Outcome : Fourth Month Plan : Outcome : Health and Nutrition First Month Plan : Outcome: Second Month Plan : Outcome: Third Month Plan : Outcome: Fourth Month Plan : Outcome: Leisure, creativity and play First Month Plan : Outcome : Second Month Plan : Outcome : Third Month Plan : Outcome : Fourth Month Plan : Outcome : Ex-324/2019 - 154 - - 155 - 154 Emotional and psychological support needed First Month Plan : Outcome : Second Month Plan : Outcome : Third Month Plan : Outcome : Fourth Month Plan : Outcome : Education and Training First Month Plan : Outcome : Second Month Plan : Outcome : Third Month Plan : Outcome : Fourth Month Plan : Outcome : Health and Nutrition First Month Plan : Outcome: Second Month Plan : Outcome: Third Month Plan : Outcome: Fourth Month Plan : Outcome: Leisure, creativity and play First Month Plan : Outcome : Second Month Plan : Outcome : Third Month Plan : Outcome : Fourth Month Plan : Outcome : Ex-324/2019 - 156 - - 157 - 155 Any other such as significant experiences which may have impacted the development of the child like trafficking, domestic violence, parental neglect, bullying in school etc. First Month Plan : Outcome : Second Month Plan : Outcome : Third Month Plan : Outcome : Fourth Month Plan : Outcome : Attachments and Inter -personal Relationships First Month Plan : Outcome : Second Month Plan Outcome : Third Month Plan : Outcome : Fourth Month Plan Outcome : Self Care and Life Skill Training for Protection from all kinds of abuse, neglect and maltreatment First Month Plan : Outcome : Second Month Plan : Outcome : Third Month Plan : Outcome : Fourth Month Plan : Outcome : Independent living skills First Month Plan : Outcome : Second Month Plan : Outcome : Third Month Plan : Outcome : Fourth Month Plan : Outcome : 156 Other services provided to the child, including compensation, other benefits etc. Report of the detailed psychiatric assessment done by certified psychiatrist to be attached along with Rehabilitation card . Date of report and reason for conducting the said assessment (Provisional Release / Release/ Any other) 1. Overall progress shown by the child on t he above mentioned aspects of the Individual Care Plan . 2. Child’s acceptance and understanding of his actions and its consequences. 3. Child’s willingness to reform . 4. Child’s behavior and conduct . 5. Offence committed by the child , if any reported by family or neighbourhood, in case of a child in conflict with law who is not placed in a Child Care Institution. Signed by JJB/ CWC FORM 15 [Rule 17 (1) (i)] CASE SUMMARY MAINTAINED BY THE CHILD WELFARE COMMITTEE Case No…………………………... In Re……………………………... Case Record…………………….. 1. Name of the child…………………………………………………….. 2. Father’s/Mother’s/Guardian’s name (if available)…………………. 3. Date of production of the child……………………………………… 4. Name of person producing the child……………………………… 5. A list of all follow up dates (of the child, before the Committee)………………... 6. Orders passed by the CWC (tick as applicable) (i) Declaration that child is in need of care and protection. (ii) Finding on age of child Ex-324/2019 - 156 - - 157 - 156 Other services provided to the child, including compensation, other benefits etc. Report of the detailed psychiatric assessment done by certified psychiatrist to be attached along with Rehabilitation card . Date of report and reason for conducting the said assessment (Provisional Release / Release/ Any other) 1. Overall progress shown by the child on t he above mentioned aspects of the Individual Care Plan . 2. Child’s acceptance and understanding of his actions and its consequences. 3. Child’s willingness to reform . 4. Child’s behavior and conduct . 5. Offence committed by the child , if any reported by family or neighbourhood, in case of a child in conflict with law who is not placed in a Child Care Institution. Signed by JJB/ CWC FORM 15 [Rule 17 (1) (i)] CASE SUMMARY MAINTAINED BY THE CHILD WELFARE COMMITTEE Case No…………………………... In Re……………………………... Case Record…………………….. 1. Name of the child…………………………………………………….. 2. Father’s/Mother’s/Guardian’s name (if available)…………………. 3. Date of production of the child……………………………………… 4. Name of person producing the child……………………………… 5. A list of all follow up dates (of the child, before the Committee)………………... 6. Orders passed by the CWC (tick as applicable) (i) Declaration that child is in need of care and protection. (ii) Finding on age of child Ex-324/2019 - 158 - - 159 - 157 (iii) Medical Examination (iv) Interim custody (v) Undertaking (by parent, guardian or fit person, if applicable) (vi) Order appointing Case Worker & NGO etc. (vii) Order for compensation/recovery of wages (if applicable) (viii) Transfer order (ix) Final Order (concluding inquiry) (x) Any other order. 7. Medical Records including but not limited to age verification………………… ….. 8. Social Investigation Report under Form 22……………………………………...… 9. Individual Care Plan under Form 7……………………………………………... … 10. Rehabilitation Card in Form 14…………………………………………………… 11. Case HistoryForm 43……………………………………………………... ……… 12. All details, documents and records with regards toSponsorship/Foster Care/Adoption services (if applicable). Date: Place (Signatures) Child Welfare Committee FORM 16 [Rules 17(1)(v), 20(2)] QUARTERLY REPORT BY CHILD WELFARE COMMITTEE District Quarterly Report for the period: From…………… to………….. Details of CWC S.No. Details Date of Appointment Training attended 1. Chairperson 2. Member 1 3. Member 2 4. Member 3 5. Member 4 158 Details of Cases with CWC S.No. Number of cases at the beginning of Quarter Number of cases received during the quarter Number of cases disposed of during the quarter Number of cases pending at the end of quarter Reasons for pendency FINAL ORDER Total number of final orders passed during the quarter (Any other order related to any other function as may be prescribed) Released to parent/ Guardian/fi t persons/ fit institu - tion Trans - fer to other CWC Ordered to stay in CCI Repatria - t ed to Foreign Country Declared legally free for adoption Ordered for foster care / sponsor - ship/ After - care Recom - mend to JJB for filing FIR Initiate process of compen- sation to child, if eligible Any other order related to any other function as may be prescribed VISIT TO HOMES BY CHAIRPERSON/ MEMBERS Date of visit: Name and Address of Home visited: Remarks/Suggestions of the Committee…………….. Signature of Chairperson Seal Copy to the District Child Protection Officer. FORM 17 [Rules 18(2), 19(25)] REPORT TO BE SUBMITTED AT TIME OF PRODUCTION OF CHILD BEFORE THE COMMITTEE Ex-324/2019 - 158 - - 159 - 158 Details of Cases with CWC S.No. Number of cases at the beginning of Quarter Number of cases received during the quarter Number of cases disposed of during the quarter Number of cases pending at the end of quarter Reasons for pendency FINAL ORDER Total number of final orders passed during the quarter (Any other order related to any other function as may be prescribed) Released to parent/ Guardian/fi t persons/ fit institu - tion Trans - fer to other CWC Ordered to stay in CCI Repatria - t ed to Foreign Country Declared legally free for adoption Ordered for foster care / sponsor - ship/ After - care Recom - mend to JJB for filing FIR Initiate process of compen- sation to child, if eligible Any other order related to any other function as may be prescribed VISIT TO HOMES BY CHAIRPERSON/ MEMBERS Date of visit: Name and Address of Home visited: Remarks/Suggestions of the Committee…………….. Signature of Chairperson Seal Copy to the District Child Protection Officer. FORM 17 [Rules 18(2), 19(25)] REPORT TO BE SUBMITTED AT TIME OF PRODUCTION OF CHILD BEFORE THE COMMITTEE Ex-324/2019 - 160 - - 161 - 159 Case No………………………. Produced before the Child Welfare Committee …………………………...………… Date of production……………………… Time of production ……………………. Place of production………………………………… 1. Details of person who is producing the child: (i) Name of the person …………………………. (ii) Age……………………….. (iii) Sex………………………… (iv) Address ………………… (v) Contact number………………… (vi) Occupation/ designation……………….. (vii) Name of the organization/CCI/SAA …………………. 2. The child who is being produced: (i) Name (if any)……………………….. (ii) Age (stated age/ age based on appearance) …………… (iii) Sex ………… (iv) Identity mark/s……………………………………… (v) Language used by the child……………………….. 3. (a) Details of parents (if available): (i) Name ………………………………… (ii) Age………………………………….. (iii) Address………………………………. (iv) Contact number………………………. (v) Occupation………………………………… (b) Details of guardians (if available): (i) Name ………………………………… (ii) Age………………………………….. (iii) Address………………………………. (iv) Contact number………………………. (v) Occupation………………………………… 160 4. Place where the child was found /received……………………………. 5. The details of the person (if any) with whom the child was found/ received : (i) Name ……………………… (ii) Age……………………………. (iii) Address………………………………. (iv) Contact number………………………… (v) Occupation………………………. 6. Circumstances under which the child was found/received …………………… 7. Allegation by the child ofany offence/ abuse committed on the child in any manner / received ……………………… 8. Physical condition of the child………………………………………….. 9. Belongings of the child at the time of production…………………………….. 10. Date and Time at which the child came to the CCI/SAA……………………… 11. Immediate efforts made to trace f amily of the child ……………………………. 12. Medical treatment, if provided to the child …………………………….. 13. Whether police has been informed ……………………………………………. Signature/ Thumb impression of the child Signature/ Thumb impression of the person who produced the child Police -Local Police/Special Juvenile Police Unit/ designated child welfare police officer / Railway Police/Probation Officers/ any public servant/Social Welfare Organization/Social Worker/ Person in -charge CCI/ SAA/ any citizen/Child himself/herself (fill as applicable) FORM 18 [Rules 18 (5), 18 (9) and 19 (26)] ORDER OF PLACEMENT OF A CHILD IN AN INSTITUTION (Children’s Home/Fit Facility/SAA) Case No……………………………… To, The Officer -in -Charge, Ex-324/2019 - 160 - - 161 - 160 4. Place where the child was found/received……………………………. 5. The details of the person (if any) with whom the child was found/ received : (i) Name ……………………… (ii) Age……………………………. (iii) Address………………………………. (iv) Contact number………………………… (v) Occupation………………………. 6. Circumstances under which the child was found/received …………………… 7. Allegation by the child ofany offence/ abuse committed on the child in any manner / received ……………………… 8. Physical condition of the child………………………………………….. 9. Belongings of the child at the time of production…………………………….. 10. Date and Time at which the child came to the CCI/SAA……………………… 11. Immediate efforts made to trace f amily of the child ……………………………. 12. Medical treatment, if provided to the child …………………………….. 13. Whether police has been informed ……………………………………………. Signature/ Thumb impression of the child Signature/ Thumb impression of the person who produced the child Police -Local Police/Special Juvenile Police Unit/ designated child welfare police officer / Railway Police/Probation Officers/ any public servant/Social Welfare Organization/Social Worker/ Person in -charge CCI/ SAA/ any citizen/Child himself/herself (fill as applicable) FORM 18 [Rules 18 (5), 18 (9) and 19 (26)] ORDER OF PLACEMENT OF A CHILD IN AN INSTITUTION (Children’s Home/Fit Facility/SAA) Case No……………………………… To, The Officer -in -Charge, Ex-324/2019 - 162 - - 163 - 161 Whereas on the ……………..day of ………….20 ………. (name of the child) …………………., son/daughter of …………. aged ………..residing at ……………… being in care and protection under the Juvenile Justice (Care and Protection) Act 2015 is ordered by the Chi ld Welfare Committee …………………, to be kept in the Children’s Home/SAA/Fit Facility……………………..for a period of ………………… This is to authorize and require you to receive the said child in your charge, and to keep him/her in the Children’s Home/ Fit Facility /SAA… …………….. for the aforesaid order to be carried into execution according to law. The concerned official shall upload the details in case of an orphan or abandoned child in the TrackChild/ relevant Web Portal. Given under my hand and the seal of Child Welfare Committee.This ……………. day of ……………………….. (Signature) Chairperson/ Member Child Welfare Committee Encl: Copy of the orders, particulars of home and previous record, case history and indiv idual care plan, as applicable: FORM 19 [Rule 18(8)] ORDER FOR PLACEMENT OF CHILD UNDER THE CARE OF A PARENT, GUARDIAN OR FIT PERSON PENDING INQUIRY Case No. …….of ……………….20……………………… In Re………………… Whereas (name of the child) …………………… has on ………… …. (Date) been found to be in need of care and protection, and is placed under the care and supervision of (name)……………………. (Address )……………… …. onexecuting a bond by the said …………………. and the Committee is satisfied that it is expedient to deal with the said child by making an order placing him/her under supervision. 162 Reason for the child being produced before the CWC ............................... …………………………………….............................................................................. Itis hereby ordered thatthesaid child beplaced underthesupervision of ( Name )…………………. (address)…………………… for a period of ……………………………………….. This shall be subject to the following conditions that: 1. the child along with the copies of the order and the bond, if any, executed by the said…………………………. shall be produced before the Committee as and when required by the person executing the bond. 2. The child shall reside at …………………… ….for a period of …………………. 3. The child shall not be allowed to quit the district jurisdiction of …………………without the permission of the Committee. 4. The child shall go t o school/ vocational training centre regularly. The child shall attend ………………. ( Nameof) school/ vocational training centre (if already identified) at …………………. ( Addressof school/ vocational training centre). 5. Theperson under whose care the child is placed shall arrange for the proper care, education and welfare of the child. 6. The child shall not be allowed to associate with undesirable characters and shall be prevented from coming in conflict with law. 7. The child shall be prevented from taking narcotic dr ugs or psychotropic substances or any other intoxicants. 8. The directions given by the Committee from time to time, for the due observance of the conditions mentioned above, shall be carried out. Dated this ….... day of ………….. 20……. (Signature) Chairperson/ Member Child Welfare Committee • Additional conditions, if any may be inserted by the Child Welfare Committee Ex-324/2019 - 162 - - 163 - 162 Reason for the child being produced before the CWC............................... …………………………………….............................................................................. Itis hereby ordered thatthesaid child beplaced underthesupervision of ( Name )…………………. (address)…………………… for a period of ……………………………………….. This shall be subject to the following conditions that: 1. the child along with the copies of the order and the bond, if any, executed by the said…………………………. shall be produced before the Committee as and when required by the person executing the bond. 2. The child shall reside at …………………… ….for a period of …………………. 3. The child shall not be allowed to quit the district jurisdiction of …………………without the permission of the Committee. 4. The child shall go t o school/ vocational training centre regularly. The child shall attend ………………. ( Nameof) school/ vocational training centre (if already identified) at …………………. ( Addressof school/ vocational training centre). 5. Theperson under whose care the child is placed shall arrange for the proper care, education and welfare of the child. 6. The child shall not be allowed to associate with undesirable characters and shall be prevented from coming in conflict with law. 7. The child shall be prevented from taking narcotic dr ugs or psychotropic substances or any other intoxicants. 8. The directions given by the Committee from time to time, for the due observance of the conditions mentioned above, shall be carried out. Dated this ….... day of ………….. 20……. (Signature) Chairperson/ Member Child Welfare Committee • Additional conditions, if any may be inserted by the Child Welfare Committee Ex-324/2019 - 164 - - 165 - 163 FORM 20 [Rule 18(8) and 19 (7)] UNDERTAKING BY THE PARENT OR GUARDIAN OR ‘FIT PERSON’ I …………….. …............................. .........resident of House no……........…… Street……… .…………..…. Village/Town … …….……….District ……………… State ………………..do hereby declare that I am willing to take charge of (name of the child) …………….. Aged……. under the orders of the Child Welfa reCommittee…………………. subject to the following terms and conditions: 1. If his conduct is unsatisfactory I shall at once inform the Committee. 2. I shall do my best for the welfare and education of the said child as long as he remains in my charge and shall make proper provision for his maintenance. 3. In the event of his/her illness, he shall have proper medical attention in the nearest hospital. 4. I agree to adhere to the conditions that may be imposed by the Committee from time to time and also to keep the Commit tee informed about the compliance with the conditions. 5. I undertake to produce him/her before the Committee as and when required. 6. I shall inform the Committee immediately if the child goes out of my charge or control. Date this ………………day of ……………….. Signature Signed before Child Welfare Committee FORM 21 [Rule 19(3)] ORDER FOR SOCIAL INVESTIGATION REPORT OF CHILD IN NEED OF CARE AND PROTECTION To Protection Officer (NIC)/ Child Welfare Officer/ Social Worker/Case Worker/ Person in - charge of Home /representative of Non -Governmental Organization Whereas a report under section 31 (2) of the Juvenile Justice (Care and Protection of Children) Act, 20 15has been received from ……… ……. in respect of (name of the 164 child)……………, aged (approximate)………, son/daughte r of …………………residing at………………, who has been produced before the Committee under section 31 of the Juvenile Justice (Care and Protection of Children) Act, 2015. You are hereby directed to conduct Social Investigation as per Form 22 for the above child. You are directed to enquire into socio economic and family background of the said child. You are directed to submit the Social Investig ation Report on or before …………. ( date ). Dated this …….day of …………….. 20……… (Signature) Chairperson/Member Child Welfare Committee Copy to: - District Child Protection Officer/ Superintendent. FORM 22 [Rule 19(8)] SOCIAL INV ESTIGATION REPORT FOR CHILD IN NEED OF CARE AND PROTECTION Sl. No………………………. Produced before the Child Welfare Committee………………….. Case No……………………………………… Social Investigation Report Prepared by: Child Welfare Officer/ Social Worker/Case Worker/ Person in-charge of Home/ representative of Non -Governmental Organization/ Protection Officer (NIC). Details of child in need of care and protection: 1. Name……………………………………………………. …… 2. Age/Date/Year of birth… …..………………………………… 3. Sex…………………………………………………….……… 4. Caste ………………………………………………………….. Ex-324/2019 - 164 - - 165 - 164 child)……………, aged (approximate)………, son/daughter of …………………residing at………………, who has been produced before the Committee under section 31 of the Juvenile Justice (Care and Protection of Children) Act, 2015. You are hereby directed to conduct Social Investigation as per Form 22 for the above child. You are directed to enquire into socio economic and family background of the said child. You are directed to submit the Social Investig ation Report on or before …………. ( date ). Dated this …….day of …………….. 20……… (Signature) Chairperson/Member Child Welfare Committee Copy to: - District Child Protection Officer/ Superintendent. FORM 22 [Rule 19(8)] SOCIAL INV ESTIGATION REPORT FOR CHILD IN NEED OF CARE AND PROTECTION Sl. No………………………. Produced before the Child Welfare Committee………………….. Case No……………………………………… Social Investigation Report Prepared by: Child Welfare Officer/ Social Worker/Case Worker/ Person in-charge of Home/ representative of Non -Governmental Organization/ Protection Officer (NIC). Details of child in need of care and protection: 1. Name……………………………………………………. …… 2. Age/Date/Year of birth… …..………………………………… 3. Sex…………………………………………………….……… 4. Caste ………………………………………………………….. Ex-324/2019 - 166 - - 167 - 165 5. Religion …………………………………………………….… 6. Father’s Name ……………………………………………........ 7. Mother’s Name ………………………………………………... 8. Guardian’s Name……………………………………………… 9. (a) Permanent Address……………………………………...… …… (b) Present Address…………………………………… …........ 10. Landmark of the address……………………………… ………. 11. Address of last residence………………………………………. 12. Contact no. of father/mother/family member…………….……. 13. Whether the child is differently abled: Yes/ No (i) Hearing Impairment (ii) Speech Impairment (iii) Physically disabled (iv) Mentally disabled (v) Others (please specify) 14. Family Details: S.N o. Name and Relation - ship Age SexEducation Occu - pation Income Health status History of Mental Illness Addictions (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 15. Relationship among the family members: i. Father & mother Cordial/ Non cordial/ Not known ii. Father & child Cordial/ Non cordial/ Not known iii. Mother & child Cordial/ Non cordial/ Not known iv. Father & siblings Cordial/ Non cordial/ Not known v. Mother & siblings Cordial/ Non cordial/ Not known vi. Child & siblings Cordial/ Non cordial/ Not known vii. Child & relative Cordial/ Non cordial/ Not known 166 16. If child is married, name, age and details o f spouse and children……………… 17. History of involvement of family members in offences, if any: S. No. Relationship Nature of Crime Legal status of the case Arrest if any Made Period of Confinement Punishment awarded 1. Father 2. Step father 3. Mother 4. Step mother 5. Brother 6. Sister 7. Others(uncle/ aunty/ grandparents ) 18. Attitude towards religion……………………………………………………… 19. Present living conditions …………………………………………………… 20. Other factors of importance if any……………………………………….. 21. Habits of the child A B i) Smoking i) Watching TV/movies ii) Alcohol consumption ii) Playing indoor/outdoor games iii) Drug use (specify) iii) Reading books iv) Gambling iv) Religious activities v) Begging v) Drawing/painting/acting/singing vi) Any other vi) Any other 22. Extra-curricular interests…………………………………………………….. 23. Outstanding characteristics and personality traits……………………………. 24. The details of education of the child (tick as applicable) (i) Illiterate (ii) Studied up to V Standard (iii) Studied above V Standard but below VIII Standard Ex-324/2019 - 166 - - 167 - 166 16. If child is married, name, age and details of spouse and children……………… 17. History of involvement of family members in offences, if any: S. No. Relationship Nature of Crime Legal status of the case Arrest if any Made Period of Confinement Punishment awarded 1. Father 2. Step father 3. Mother 4. Step mother 5. Brother 6. Sister 7. Others(uncle/ aunty/ grandparents ) 18. Attitude towards religion……………………………………………………… 19. Present living conditions …………………………………………………… 20. Other factors of importance if any……………………………………….. 21. Habits of the child A B i) Smoking i) Watching TV/movies ii) Alcohol consumption ii) Playing indoor/outdoor games iii) Drug use (specify) iii) Reading books iv) Gambling iv) Religious activities v) Begging v) Drawing/painting/acting/singing vi) Any other vi) Any other 22. Extra-curricular interests…………………………………………………….. 23. Outstanding characteristics and personality traits……………………………. 24. The details of education of the child (tick as applicable) (i) Illiterate (ii) Studied up to V Standard (iii) Studied above V Standard but below VIII Standard Ex-324/2019 - 168 - - 169 - 167 (iv) Studied above VIII Standard but below X Standard (v) Studied above X Standard 25. The details of the school in which studied last(tick as applicable): (a) Corporation/Municipal/Panchayat (b) Government/SC Welfare School/BC Welfare School (c) Private management (d) School under NCLP 26. Attitude of class mates towards the child……………………………………… 27. Attitude of teachers and classmates towards the child………………………… 28. The reason for leaving School (tick as applicable) (a) Failure in the class last studied (b) Lack of interest in the school activities (c) Indifferent attitude of the teachers (d) Peer group influence (e) To earn and support the family (f) Sudden demise of parents (g) Bullying in school (h) Rigid school atmosphere (i) Absenteeism followed by running away from school (j) There is no appropriate level of school nearby (k) Abuse in school (l) Humiliationin school (m) Corporal punishment (n) Medium of instruction (o) Others (pl. specify) 29. Vocational training, if any…………………………………………………… 30. Employment Details, if any…………………………………………………… 31. Details of income utilization…………………………………………………… 32. Work record (reasons for leaving vocational interests, attitude towards job or employers)……………… 33. Majority of the friends are (tick as applicable) 168 (a) Educated (b) Illiterate (c) The same age group (d) Older in age (e) Younger in age (f) Same sex (g) Opposite sex (h) Addicts (i) With criminal background 34. Attitude of the child towards friends……………………………………….. 35. Attitude of friends towar ds the child…………………………………………… 36. Observationabout neighbourhood (to assess the influence of neighbourhood on the child) ……………… 37. Mental condition of the child: (Present and past)………………………………. 38. Physical condition of the child: (Present and pa st)……………………………. 39. Health status of the child (i) Respiratory disorders -present / not known / absent (ii) Hearing impairment -present / not known / absent (iii) Eye diseases-present /not known / absent (iv) Dental disease- present / not known / absent (v) Cardiac diseases- present / not known / absent (vi) Skin disease-present / not known / absent (vii) Sexually transmitted diseases- present / not known / absent (viii) Neurological disorders-present / not known / absent (ix) Mental handicap -present / not known / absent (x) Physical handicap -present / not known / absent (xi) Urinary tract infections –present / not known / absent (xii) Others (pl. specify)- 40. Whether the child has any addictionYes/ No If Yes, Specify 41. With whom the child was staying prior to production before the Committee Ex-324/2019 - 168 - - 169 - 168 (a) Educated (b) Illiterate (c) The same age group (d) Older in age (e) Younger in age (f) Same sex (g) Opposite sex (h) Addicts (i) With criminal background 34. Attitude of the child towards friends……………………………………….. 35. Attitude of friends towards the child…………………………………………… 36. Observationabout neighbourhood (to assess the influence of neighbourhood on the child) ……………… 37. Mental condition of the child: (Present and past)………………………………. 38. Physical condition of the child: (Present and pa st)……………………………. 39. Health status of the child (i) Respiratory disorders -present / not known / absent (ii) Hearing impairment -present / not known / absent (iii) Eye diseases-present /not known / absent (iv) Dental disease- present / not known / absent (v) Cardiac diseases- present / not known / absent (vi) Skin disease-present / not known / absent (vii) Sexually transmitted diseases- present / not known / absent (viii) Neurological disorders-present / not known / absent (ix) Mental handicap -present / not known / absent (x) Physical handicap -present / not known / absent (xi) Urinary tract infections –present / not known / absent (xii) Others (pl. specify)- 40. Whether the child has any addictionYes/ No If Yes, Specify 41. With whom the child was staying prior to production before the Committee Ex-324/2019 - 170 - - 171 - 169 (i) Parent(s) –Mother / Father / Both (ii) Siblings / Blood relative (iii) Guardian(s) – Relationship (iv) Friends (v) On the street (vi) Night shelter (vii) Orphanages / Host els/ Similar Homes (viii) Other (pl. specify) 42. History/ tendency of the child to run away from home, if any ………………… 43. Parents’attitude towards discipline in the home and child’s reaction………… 44. Reasons for leaving the family (tick as applicable) (i) Abuse by parent(s)/guardian(s)/step parents(s) (ii) In search of employment (iii) Peer group influence (iv) Incapacitation of parents (v) Criminal behaviour of parents (vi) Separation of Parents (vii) Demise of parents (viii) Poverty (ix) Others (please specify) 45. Whether the child is a victim of any offence.Yes/No If Yes, Specify ………………………………………………………….. 46. Types of abuse met by the child (tick as applicable) (i) Verbal abuse – parents/siblings/ employers/others (pl. specify) (ii) Physical abuse (iii) Sexual abuse parents/siblings/ Employers/others ( pl. specify) (iv) Others – parents/siblings/ employers/others (pl. Specify) 47. Types of ill -treatment met by the child ( tick as applicable). (i) Denial of food –parent’s/siblings employers/other (pl. specify) (ii) Beaten mercilessly –parents/ Siblings/employers/other (pl. specify) (iii) Causing injury –parents/ siblings/employers/other (pl. specify) 170 (iv) Detention - parents/ siblings/employers/other (pl. specify) (v) Other (please specify) ___________parents/siblings/employers/ others (pl. specify) 48. Exploitation faced by the child (i) Extracted work without payment (ii) Little (low) wages with longer duration of work (iii) Others (pl. specify) 49. Whether the child has been bought or sold or procured o r trafficked for any purpose Yes/ No 50. Whether the child has been used for begging Yes/ No 51. Whether the child is used by any gangs or adults or group of adults or has been used for drug peddling: Yes/ No 52. Previous institutional/case history and individual care plan, if any… ………… 53. Details of perpetrator:( such as Name, Age, Contact number, Address details, Physical Characteristics, Relationship with the family, middle men involved, is there any other child from the same village who is abused / harassed / taken / sent by the perpetrator, how the child cam e in contact with the perpetrator)……………………….. 54. Attitude of the child towards th e perpetrator……………………………………. 55. Whether the police have been informed………………………………………… 56. Action taken, if any against the perpetrator……………………… …………….. 57. Opinion about the child & family byneighbours, friends etc. 58. Any other remarks OBSERVATIONS OF INQUIRY 1. Emotional factors………………………………… 2. Physical condition…………………………………… 3. Intelligence……………………………………………… 4. Social and economic factors……………………………. 5. Suggestive causes of the problems……………………… 6. Analysis of the case, including reasons/contributing factors for the offence… 7. Reasons for child’s need for care and protection……………………….. 8. Opinion of experts consulted………………………………….. Ex-324/2019 - 170 - - 171 - 170 (iv) Detention -parents/ siblings/employers/other (pl. specify) (v) Other (please specify) ___________parents/siblings/employers/ others (pl. specify) 48. Exploitation faced by the child (i) Extracted work without payment (ii) Little (low) wages with longer duration of work (iii) Others (pl. specify) 49. Whether the child has been bought or sold or procured o r trafficked for any purpose Yes/ No 50. Whether the child has been used for begging Yes/ No 51. Whether the child is used by any gangs or adults or group of adults or has been used for drug peddling: Yes/ No 52. Previous institutional/case history and individual care plan, if any… ………… 53. Details of perpetrator:( such as Name, Age, Contact number, Address details, Physical Characteristics, Relationship with the family, middle men involved, is there any other child from the same village who is abused / harassed / taken / sent by the perpetrator, how the child cam e in contact with the perpetrator)……………………….. 54. Attitude of the child towards th e perpetrator……………………………………. 55. Whether the police have been informed………………………………………… 56. Action taken, if any against the perpetrator……………………… …………….. 57. Opinion about the child & family byneighbours, friends etc. 58. Any other remarks OBSERVATIONS OF INQUIRY 1. Emotional factors………………………………… 2. Physical condition…………………………………… 3. Intelligence……………………………………………… 4. Social and economic factors……………………………. 5. Suggestive causes of the problems……………………… 6. Analysis of the case, including reasons/contributing factors for the offence… 7. Reasons for child’s need for care and protection……………………….. 8. Opinion of experts consulted………………………………….. Ex-324/2019 - 172 - - 173 - 171 9. Psycho-social expert’s assessment…………………. 10. Religious factors…………………………………………. 11. Risk analysis for the child to be restored to the family ………………. 12. Previous institutional/case history and individual care plan, if any… ……. 13. Recommendation of Child Welfare Officer/Case Worker/Social Worker regarding psychological support, rehabilitation and reintegration of the child and suggested plan…………………………….. Signature (Of the Person assigned) FORM 23 [Rule 19(22)] APPLICATION FOR SURRENDER OF CHILD Date …..……. To Child Welfare Committee, District………………. I/ We………………(name of the applicant/s) …………….(relation with the child) of……………….(name of the child), aged about……….years , intend to surrender…………………..name of child) before this Child Welfare Committee as……………………………………………………….(reason/s for surrender). I/we am /are fully conscious and making this application before this Child Welfar e Committee. I have not been forced or unduly influenced by anyone to take this decision of surrender ing……………… …………...…. …. (name of child). I shall have no objection if the child is given in adoption. I am fully aware of the consequences of surrendering the child. Full signature of the applicant(s)/ Thumb impression (if the CWC deems appropriate) Name and address .......................................................................... 172 (Signature of the Chairperson/ member Before whom such application is submitted) Committee member/s present: _______________ Date………………….. Time…………………… Place………………….. FORM 24 [Rule 19(22)] DEED OF SURRENDER Declaration by Person surrendering the child or children Case No………….. In Re…………………. I/We, the undersigned………………Family name/First name(s)………..……residing at, surrender the child (named)……….Aged………having date of birth………………… for the reason:…………………… (ii) I/we are surrendering my/our child or children on our own and without any coercion, compulsion, threat, payment, consideration, compensation of any kind; (iii) I/we have been counselled and informed about the implication that I/we can withdraw our consent until 60 thday of this surrender deed after which my/our consent will be irrevocable and I/we shall have no claim over the child or children. (iv) I/we have been made aware of the implications of surrender and are conscious of the fact that after the 60 thday from date of the surrender deed, the legal parent -child relationship between my/our child or children and me/us will be terminated. (v) I/we understand that my/our child may be adopted by person(s) residing in India or abroad and give my/our consent for this purpose. (vi) I/we understand that the adoption of my/our child will create a permanent parent -child relationship with the adoptive parent(s) and then cannot claim back the child. (vii) I/we wish/ do not wish (ple ase tick whichever is applicable) my/our identity and address to be disclosed to my/our child when he/she returns for root search. (viii) I/we declare that I/We have read the above statements carefully and have fully understood the same. Done at ................ on ............. [Signature or Thumb Impression of surrendering person(s)] Ex-324/2019 - 172 - - 173 - 172 (Signature of the Chairperson/ member Before whom such application is submitted) Committee member/s present: _______________ Date………………….. Time…………………… Place………………….. FORM 24 [Rule 19(22)] DEED OF SURRENDER Declaration by Person surrendering the child or children Case No………….. In Re…………………. I/We, the undersigned………………Family name/First name(s)………..……residing at, surrender the child (named)……….Aged………having date of birth………………… for the reason:…………………… (ii) I/we are surrendering my/our child or children on our own and without any coercion, compulsion, threat, payment, consideration, compensation of any kind; (iii) I/we have been counselled and informed about the implication that I/we can withdraw our consent until 60 thday of this surrender deed after which my/our consent will be irrevocable and I/we shall have no claim over the child or children. (iv) I/we have been made aware of the implications of surrender and are conscious of the fact that after the 60 thday from date of the surrender deed, the legal parent -child relationship between my/our child or children and me/us will be terminated. (v) I/we understand that my/our child may be adopted by person(s) residing in India or abroad and give my/our consent for this purpose. (vi) I/we understand that the adoption of my/our child will create a permanent parent -child relationship with the adoptive parent(s) and then cannot claim back the child. (vii) I/we wish/ do not wish (ple ase tick whichever is applicable) my/our identity and address to be disclosed to my/our child when he/she returns for root search. (viii) I/we declare that I/We have read the above statements carefully and have fully understood the same. Done at ................ on ............. [Signature or Thumb Impression of surrendering person(s)] Ex-324/2019 - 174 - - 175 - 173 2.Declaration by Witnesses We the undersigned have witnessed the above surrender. (a) Signature, Name and Address of the first witness ...................................................................................................................... ...................................................................................................................... (b) Signature, Name an d Address of the second witness ..................................................................................................................... ............................................ ......................................................................... 3. Certification of child welfare committee We hereby certify that the person and the witness(es) named or identified above appeared before me this date and signed this document in our presence. Done at ................ on.............. Signature & Seal of Members/Chairperson Child Welfare C ommittee FORM 25 [Rule 19(29)] CERTIFICATE DECLARING THE CHILD LEGALLY FREE FOR ADOPTION 1. In exercise of the powers vested in the Child Welfare Committee………………….under section 38 of the Juvenile Justice (Care and Protection of Children) Act, 2015, child…………… date of birth……………placed in the care of the Specialized Adoption Agency/Child Care Institution (name & address) vide order no…………….dated……………………. of this Committee, is hereby declared legally free for adoption on the basis of the following: • Inquiry report of the Probation Officer/ Child Welfare Officer / Social Worker / Case Worker/any other (as the case may be); • Deed of surrender executed by the biological parent(s) or the legal guardian of the child before this Committee on (date); • Declaration submitted by District Child Protection Unit and the Child Care Institution or Specialized Adoption Agency conc erned to the effect that they have made restoration efforts as required under Section 40(1) of the Act, the Rules and Adoption Regulations, 174 but, nobody has approached them for claiming the child as biological parents or legal guardian as on date of the said declaration. 2. This is to certify that: The biological parent(s) / legal guardian, wherever available, has/have been counselled and duly informed of the effects of their consent including the placement of the child or children in adoption which would result in the termination of the legal relationship between the child and his or her family of origin; The biological parents / legal guardian have given their consent freely, in the required legal form, and the consents have not bee n induced by payment or compensation of any kind and the consent of the mother (where applicable), has been given only after the birth of the child. The Specialized Adoption Agency/ Child Care Institution to which the aforesaid child is entrusted shall post the photograph and other essential details of the child in the CARINGS and shall place such child in adoption as per the procedure laid down in the Act and Adoption Regulations. Signature Chairperson and Members of the Committee (Seal of the Child Welfare Committee) Date: Place: To: Child Care Institution /Specialized Adoption Agency / District Child Protection Unit Concerned – for information and necessary action. (Signature: & Seal) Date: FORM 26 [Rule 20(1)] CASE MONITORING SHEET FOR COMMITTEE CASE MONITORING SHEET (Separate Sheet may be used in case there are more than one child) Child Welfare Committee, District……………… Ex-324/2019 - 174 - - 175 - 174 but, nobody has approached them for claiming the child as biological parents or legal guardian as on date of the said declaration. 2. This is to certify that: The biological parent(s) / legal guardian, wherever available, has/have been counselled and duly informed of the effects of their consent including the placement of the child or children in adoption which would result in the termination of the legal relationship between the child and his or her family of origin; The biological parents / legal guardian have given their consent freely, in the required legal form, and the consents have not been induced by payment or compensation of any kind and the consent of the mother (where applicable), has been given only after the birth of the child. The Specialized Adoption Agency/ Child Care Institution to which the aforesaid child is entrusted shall post the photograph and other essential details of the child in the CARINGS and shall place such child in adoption as per the procedure laid down in the Act and Adoption Regulations. Signature Chairperson and Members of the Committee (Seal of the Child Welfare Committee) Date: Place: To: Child Care Institution /Specialized Adoption Agency / District Child Protection Unit Concerned – for information and necessary action. (Signature: & Seal) Date: FORM 26 [Rule 20(1)] CASE MONITORING SHEET FOR COMMITTEE CASE MONITORING SHEET (Separate Sheet may be used in case there are more than one child) Child Welfare Committee, District……………… Ex-324/2019 - 176 - - 177 - 176 Steps to be taken Scheduled Date Actual Date Age determination Dated…….. Social Investigation Report (Form No.22) Dated……… Submission of Report on Provisions of further investigation, if any Dated………. Statement of Child Dated………… Individual Care Plan (In case of child in institutional care Individual Care Plan should be prepared within one month of admittance Dated…………. Dispositional (Final) Order Dated……….. Post Dispositional Review Dated………… Signed by Child Welfare Committee FORM 27 [Rule 21(2) and 22 (2)] APPLICATION FOR REGISTRATION OF CHILD CARE INSTITUTION UNDER THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 1. Detail of Applicant/ Institution which proposes to run the Child Care Institution: (i) Type of Institution …………………………………. (ii) Name of the Institution / Organization……………………… (iii) Registration number and date of Registration of the Institution/ Organization under the relevant Act (Annex -Relevant documents of registration and bye -laws, memorandum of association) … ……………… (iv) Period of validity to run the Insti tution / Organization…………………… (v) Complete address of the Applicant/ Institution / organization…………… (vi) STD code/ Telephone No………………………………………………… (vii) STD code/ Fax No…………………………………… …………………… (viii) E-mail a ddress…………………………………………………………….. 175 Case No. .............................of............................. Case Name: Police Station........................................... U/S........................................................... Date........................................... FIR/ GD/ DD No. ..................... Name of Protection Officer(NIC)(IC) /Child Welfa re Officer/ Social Worker/ Case Worker ...................... Name of IO.................................. PARTICULARS OF CHILD Name Parents/ Guardian with Contact No. Present address Permanent address . PLACEMENT ΟFΤΗΕ CHILD In Childr en’s Home Sent under supervision (Name of Institution) From.................... То ......................... PROGRESS OF ENQUIRY (Time schedule for disposal of the case to be fixed on the first day of hearing) DΑΤΕΑΝ D ΤΙΜΕ CHILD PRODUCED BEFORE THE COMMITTEE DATE AND TIME OF FIRST PRODUCTION DATE OF MEDICAL EXAMINATION UNDER SECTION 54 Cr.P.C. (if any) ΑGΕ DΕΤΕ RΜΙΝΑΤΙΟΝ Age on the Date of offencecommitted to him/ her Date of age Det er mination Time taken for age deter mination Determination by Committee Evidence Relied: Docum ents Medical Ex-324/2019 - 176 - - 177 - 176 Steps to be taken Scheduled Date Actual Date Age determination Dated…….. Social Investigation Report (Form No.22) Dated……… Submission of Report on Provisions of further investigation, if any Dated………. Statement of Child Dated………… Individual Care Plan (In case of child in institutional care Individual Care Plan should be prepared within one month of admittance Dated…………. Dispositional (Final) Order Dated……….. Post Dispositional Review Dated………… Signed by Child Welfare Committee FORM 27 [Rule 21(2) and 22 (2)] APPLICATION FOR REGISTRATION OF CHILD CARE INSTITUTION UNDER THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 1. Detail of Applicant/ Institution which proposes to run the Child Care Institution: (i) Type of Institution …………………………………. (ii) Name of the Institution / Organization……………………… (iii) Registration number and date of Registration of the Institution/ Organization under the relevant Act (Annex -Relevant documents of registration and bye -laws, memorandum of association) … ……………… (iv) Period of validity to run the Insti tution / Organization…………………… (v) Complete address of the Applicant/ Institution / organization…………… (vi) STD code/ Telephone No………………………………………………… (vii) STD code/ Fax No…………………………………… …………………… (viii) E-mail a ddress…………………………………………………………….. Ex-324/2019 - 178 - - 179 - 177 (ix) Whether the organization is of all India character, if yes, give address of its branches,in other states………………………………… (x) Whether the Institution/ Organizatio n had beendenied registration earlier Yes/No (xi) Ref. No. of application which resulted in denial of registration as CCI (a) Date of denial........................ (b) Which department has denied the registration.............? (xii) Reason for denial of registration as CCI.................................................. 2. Details of the proposed Child Care Institution (i) Name of the proposed Child Care Institution………………………. (ii) Type/Kind of Child Care Institution……………………….. (iii) Complete address/ location of propose d child Care Institution or organization (iv) STD code/ Telephone No……………………………. (v) STD code /Fax No…………………………............... (vi) E-mail address………………………….. 3. Connectivity (Name and Distance from the proposed Child Care Institution): (i) Main Road…………………… (ii) Bus -stand…………………. (iii) Railway Station……………….. (iv) Any landmark……………. 4. Infrastructure (i) No. of Rooms (Mention with measurement)……………… (ii) No. of toilets (mention with measurement)………………. (iii) No. of Kitchen (mention with measurement) ………………….. (iv) No. of sick room…………………………. (v) Annex -Copy of blue print of the building (authentic sketch plan of building)… (vi) Arrangement to deal with unforeseen disaster also mention the kind of arrangement made: (i) Fire (ii) Earthquake (iii) Any other arrangement 178 (iv) Arrangement of Drinking water (v) Arrangement to mainta in sanitation and hygiene: (vi) Pest Control (vii) Waste disposal (viii) Storage area (ix) Any other arrangement (x) Rent agreement/ building maintenance estimate (whichever is applicable) (Annex- copy of Rent agreement) 5. Capacity of the Institution/ Organization Boys……….Girls……..Total…… (i) No. of children (0- 5years) present in the home , (if any) (ii) No. of children (6- 10 years) present in the home , (if any) (iii) No. of children (11- 14years) present in the home , (if any) (iv) No. of children (15- 18 years) present in the home , (if any) (v) No. of persons (19-23 years) present in the home , (if any) 6. Whether the Child Welfare Committee/Juvenile Justice Board has been informed about the children beinghoused in the Institution Yes/ No 7. Facilities Available (i) Education facility………………………… (ii) Health Checkup arrangement, frequency of checkup, type of checkups proposed to be done…………………… (iii) Any other facility that shall impact on the overall development of the child 8. Staffing (i) Detailed staff list………………………………………………… (ii) Education and Experience of the staff ……………………………… (iii) Name of partner organizations (iv) Name of the chief functionary of the organization 9. Background of the Applicant (Institution / Organization) (i) Major activities of the organization in last two years (a) (Annex copy of Annual Report) Ex-324/2019 - 178 - - 179 - 178 (iv) Arrangement of Drinking water (v) Arrangement to maintain sanitation and hygiene: (vi) Pest Control (vii) Waste disposal (viii) Storage area (ix) Any other arrangement (x) Rent agreement/ building maintenance estimate (whichever is applicable) (Annex- copy of Rent agreement) 5. Capacity of the Institution/ Organization Boys……….Girls……..Total…… (i) No. of children (0- 5years) present in the home , (if any) (ii) No. of children (6- 10 years) present in the home , (if any) (iii) No. of children (11- 14years) present in the home , (if any) (iv) No. of children (15- 18 years) present in the home , (if any) (v) No. of persons (19-23 years) present in the home , (if any) 6. Whether the Child Welfare Committee/Juvenile Justice Board has been informed about the children beinghoused in the Institution Yes/ No 7. Facilities Available (i) Education facility………………………… (ii) Health Checkup arrangement, frequency of checkup, type of checkups proposed to be done…………………… (iii) Any other facility that shall impact on the overall development of the child 8. Staffing (i) Detailed staff list………………………………………………… (ii) Education and Experience of the staff ……………………………… (iii) Name of partner organizations (iv) Name of the chief functionary of the organization 9. Background of the Applicant (Institution / Organization) (i) Major activities of the organization in last two years (a) (Annex copy of Annual Report) Ex-324/2019 - 180 - - 181 - 179 (ii) An updated list of members of the management committee/ governing body in the enclosed format (Annex-resolution of the annual meeting) (iii) List of assets/ infrastructure of the organization (iv) If the organization registered under the Foreign Contribution (Regulation) Act, 1976 (Annex – certificate of registration) (v) Details of foreign contribution received during the last two years (Annex -relevant documents) (vi) List of other sources of grant -in –aid funding (if any )with the nam e of the scheme / project , purpose amount, etc. (separately) (vii) Details of existing bank account of the agency indicating branch code account no. (viii) Whether the agency agree to open a separate bank account for the grant proposed . (ix) Annex -Photocopy of Accounts of last three years: i. Auditors report ii. Income and expenditure account iii. Receipt and payment account iv. Balance sheet of the organization. I have read and understood The Juvenile Justice (Care and Protect ion of Children) Act, 2015 and T he Mizoram Juvenile Justice (Care and Pro tection of Children) Rules, 2019. I declare that no person associated with the organization has been previously convicted or has been involved in any immoral act or in any act of ch ild abuse or employment of child labour and that the organization has not been blacklisted by the Central or the State Government at any point of time. …………………………. (Name of the Organization / Institution) has complied with all the requirements to be granted registration as a Child Care Institution under the Juvenile Justice (Care and Protection of Children) Act, 2015 and The Mizoram Juvenile Justice (Care and Protect ion of Children) Rules, 2019. I undertake to abide by all the conditions laid down by the Central/ State Act, Rules, Guidelines and Notifications in this regard. 180 Signature of the authorized signatory: …………………………….. Name: ……………………………………. Designation: ……………………… Address………………………………….. District……………………………………… Date…………………….. Office stamp: Signature of: Witness no.1: ………………………………… Witness no.2: ……………………………………… FORM 28 [Rule 21(3) and 22 (4)] CERTIFICATE OF REGISTRATION (UNDER SECTION 41 OF THE JJ ACT) After perusal of the documents submitted as per Form 27 is granted R egistration No. ………….as a Child Care Institution………….( Typeof CCI) under Section 41(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 with effect from…….... for a period of .….years. The Institution which has the capacity of…………. Childre n shall remain bound to follow T he Juvenile Justice (Care and Protection of Children) Act, 2015, The Mizoram Juvenile Justice (Care and Pro tection of Children) Rules, 201 9and regulations,guidelinesand manual framed by the Central/ State Governmentfrom time to time. Dated this …………….. day of ………… ….20 …………………… (Signature) Seal Name and Designation …………………………………… Ex-324/2019 - 180 - - 181 - 180 Signature of the authorized signatory: …………………………….. Name:……………………………………. Designation: ……………………… Address………………………………….. District……………………………………… Date…………………….. Office stamp: Signature of: Witness no.1: ………………………………… Witness no.2: ……………………………………… FORM 28 [Rule 21(3) and 22 (4)] CERTIFICATE OF REGISTRATION (UNDER SECTION 41 OF THE JJ ACT) After perusal of the documents submitted as per Form 27 is granted R egistration No. ………….as a Child Care Institution………….( Typeof CCI) under Section 41(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 with effect from…….... for a period of .….years. The Institution which has the capacity of…………. Childre n shall remain bound to follow T he Juvenile Justice (Care and Protection of Children) Act, 2015, The Mizoram Juvenile Justice (Care and Pro tection of Children) Rules, 201 9and regulations,guidelinesand manual framed by the Central/ State Governmentfrom time to time. Dated this …………….. day of ………… ….20 …………………… (Signature) Seal Name and Designation …………………………………… Ex-324/2019 - 182 - - 183 - 181 FORM 29 [Rule 22(9)] MONTHLY REPORT SUBMITTED BY OPEN SHELTER TO DCPU 1. Name of the Open Shelter………………… 2. Name of the incharge …………………… 3. Registration No…………………………. 4. Address of the Home…………………….. 5. Period of the Report………………………….. 6. Details of children available on S . No Name of the child Father’s name Address of the Child, if available Date of admission Reason for admis - sion Duration of stay Facili - ties availed Produced before CWC (Yes / No) Remarks, if any 7. Total number of children admitted during the month……………………...…… 8. Total number of children in the Open Shelter on the last day of the month……. 9. Total number of children who availed the facilities of the Open Shelter during the month…………………………………………………………. 10. Out of these the number of children who avail ed the services only during the day in the month: Signature In charge of the Open Shelter Home FORM 30 [Rule 23(9)] HOME STUDY REPORT FOR PROSPECTIVE FOSTER PARENTS DATE OF REGISTRATION - AADHAR CARD NO of PFP: - 182 NAME OF THE SOCIAL WORKER/ PROTECTION OFFICER(S)- DATE OF HOME VISIT - Part -I of the format shall be filled up by the prospective Foster parents and Part -II of the template shall be filled up by the Social Worker to submit an assessment report along with his/her observation about suitability of the prospective adoptive/ foster parents. PART -I : SELF ASSESSMENT A. Information about the prospective foster parents and their family background Particulars of the foster parents Full Name Date of birth & age Place of birth Complete Address with e -mail ID (Present & Permanent Address) Identity Proof Religion Language(s) Date of Marriage Present Educational Qualification Employment/occupation Name & Address of the present Employer/Business concern Annual Income Health Status B. Family background information: (1) Give a short description of social status and background of the prospective foster parents along with the following information. Details about Parents of the Applicants Father Mother Name in full Age Nationality/Citizenship Ex-324/2019 - 182 - - 183 - 182 NAME OF THE SOCIAL WORKER/PROTECTION OFFICER(S)- DATE OF HOME VISIT - Part -I of the format shall be filled up by the prospective Foster parents and Part -II of the template shall be filled up by the Social Worker to submit an assessment report along with his/her observation about suitability of the prospective adoptive/ foster parents. PART -I : SELF ASSESSMENT A. Information about the prospective foster parents and their family background Particulars of the foster parents Full Name Date of birth & age Place of birth Complete Address with e -mail ID (Present & Permanent Address) Identity Proof Religion Language(s) Date of Marriage Present Educational Qualification Employment/occupation Name & Address of the present Employer/Business concern Annual Income Health Status B. Family background information: (1) Give a short description of social status and background of the prospective foster parents along with the following information. Details about Parents of the Applicants Father Mother Name in full Age Nationality/Citizenship Ex-324/2019 - 184 - - 185 - 183 Occupation Previous occupation Presently residing with (2) Please complete the following table with the names of each of your respective children (adopted and biological), their sex, educational status (kindergarten, elementary, etc.) and dates of birth. Name of the Child Sex Date of Birth Educational Status (3) If there are other members residing, please furnish the following information in respect of them.Name Nature of Relationship Age Gender Occupation (4) Please describe how you believe the foster care would affect the family members (grand parents, children, relatives and others). C. Professional/Employment Details (Professional career details for last 5 years): Foster Father Organisation Employer Details (Name & Address) Job Title From To Foster Mother Organisation Employer Details (Name & Address) Job Title From To D. Financial Position:(Give a short description of your income from all sources such as savings, investments, expenditures and liabilities and debts along with supporting documents)……… …………………………………………………. 184 E. Description of Home and Neighborhood :(Describe the accommodation details and neighborhood relationship) (1) How many rooms do you have in your home and describe the playarea available for the child................................. (2) Please describe the neighbourhood i n which you reside, including any aspect that you believe makes it child -friendly…………………… F. Attitude and Motivation for foster care: (1) Please circle the term which best describes the reason why you wish to take a child in foster care, you may circle more than one option, if applicable: (a) Provide a companion to your other children; (b) Provide a child with a happy home; (c) Other, please specify ………………………………. (2) Please circle the statement which describes how you think the foster care arrangement will improve the lives of your other children, you may circle more than one, if applicable: (a) They will be less lonely; (b) They will learn to be more accommodating: (c) They will become more empathetic; (d) Not applicable as I have no other children; (e) Other, please specify ______________________________________ G. Attitude of grandparents/extended family members, other relatives and significant others towards the foster care:(Give a short description about the opinion of other important persons towards foster care who would have impact in the child rearing process)…………………………………………… H. Anticipated Plans of the prospective foster parents for the child and rearing in the Family: (1) Please describe how you will manage caring for the child and other life commitments such as work. (2) Who will be responsible for caring for the child when you are at work, or absent from the familial home (domestic help, grandparents, spouse). (3) Pl ease describe your disciplinary approach to parenting. Ex-324/2019 - 184 - - 185 - 184 E. Description of Home and Neighborhood:(Describe the accommodation details and neighborhood relationship) (1) How many rooms do you have in your home and describe the playarea available for the child................................. (2) Please describe the neighbourhood i n which you reside, including any aspect that you believe makes it child -friendly…………………… F. Attitude and Motivation for foster care: (1) Please circle the term which best describes the reason why you wish to take a child in foster care, you may circle more than one option, if applicable: (a) Provide a companion to your other children; (b) Provide a child with a happy home; (c) Other, please specify ………………………………. (2) Please circle the statement which describes how you think the foster care arrangement will improve the lives of your other children, you may circle more than one, if applicable: (a) They will be less lonely; (b) They will learn to be more accommodating: (c) They will become more empathetic; (d) Not applicable as I have no other children; (e) Other, please specify ______________________________________ G. Attitude of grandparents/extended family members, other relatives and significant others towards the foster care:(Give a short description about the opinion of other important persons towards foster care who would have impact in the child rearing process)…………………………………………… H. Anticipated Plans of the prospective foster parents for the child and rearing in the Family: (1) Please describe how you will manage caring for the child and other life commitments such as work. (2) Who will be responsible for caring for the child when you are at work, or absent from the familial home (domestic help, grandparents, spouse). (3) Pl ease describe your disciplinary approach to parenting. Ex-324/2019 - 186 - - 187 - 185 (4) In case the foster child demonstrates adjustment difficulties, please describe the steps that you plan to take to ease his/her transition into the family? (5) Would you be prepared to utilize family counselling if the child continues to have difficulties adjusting? (a) Yes (b) No (6) Would you be willing to support financially higher professional studies of the foster child (a) Yes (b) No I. Preparation and Training:(Give details about the counselling sessions the prospective foster parent(s) have undergone on foster care, child care, handling of needs of children, etc. and their capacity, training and/or experiences in parenting children with their special need, if any) J. Health Status (Emotional and Physical): (Give details of the state of emotional and physical health status of the applicant(s), if any. If a family member suffers from a particular disease, condition or syndrome, describe how the family copes with it and how this might affect any proposed foster care.) (1) Do you or your spouse suffer from any medical condition? If so, would you please provide details? (2) Are you or your spouse currently being treated by a psychologist or psychiatrist? (3) Are you currently t aking any prescribed medication? (4) Are there currently any child ren in your house being treated for a medical condition? (5) Does your family have health and hospitalization insurance coverage for all family members? Signature of the Prospective Foster ParentsDate PART -II: ASSESSMENT REPORT OF THE SOCIAL WORKER /PROTECTION OFFICER(S) (To be used by the Social Worker to prepare the assessment report) (The information/facts filled in the template shall be kept confidential by the agencies /authorities.) 186 1. Factual Assessment (i) Have you verified the contents of the facts mentioned in Part I of the template? Yes/No (ii) Are you satisfied about the facts mentioned in the documents vis- à-vis observation during inte rviews and visits? Yes/No 2. Psychosocial Assessment: 2.1 Interaction with the prospective foster parents (i) Have you interacted with the prospective foster parents individually and jointly? (ii) Are the prospective foster parents well prepared for fostering the child? 2.2 Home visit findings (i) When did you visit the home of the prospective foster parents? Who were the members present during your visit? (ii) Whom did you interact during the home visit? (iii) Have you met any neighbour/relative? Give a detailed des cription about the interaction? (iv) Whether the home environment is conducive for the child? (v) Are the prospective foster parents well prepared for foster care? (vi) Did the prospective foster parents have any doubt about parenting issues or any other issues? Have you cleared their doubts? 2.3 Interaction with the family members (i) Have you interacted with other family members of the prospective foster parents? What is their opinion about the proposed foster care? Are they positive about the foster care arrangement? (ii) Are there any other family member(s) whom you could not interact but they might have a larger role in the proposed foster care? If so, how did you interact? Wo uld you plan to take their views? (iii) Have you interacted with older child/ren present in the home of the prospective foster parents? If yes, please give details. (iv) Have you noticed any adverse remarks from the family members? If so, how far those remarks may have an impact on the foster care process? Ex-324/2019 - 186 - - 187 - 186 1.Factual Assessment (i) Have you verified the contents of the facts mentioned in Part I of the template? Yes/No (ii) Are you satisfied about the facts mentioned in the documents vis- à-vis observation during inte rviews and visits? Yes/No 2. Psychosocial Assessment: 2.1 Interaction with the prospective foster parents (i) Have you interacted with the prospective foster parents individually and jointly? (ii) Are the prospective foster parents well prepared for fostering the child? 2.2 Home visit findings (i) When did you visit the home of the prospective foster parents? Who were the members present during your visit? (ii) Whom did you interact during the home visit? (iii) Have you met any neighbour/relative? Give a detailed des cription about the interaction? (iv) Whether the home environment is conducive for the child? (v) Are the prospective foster parents well prepared for foster care? (vi) Did the prospective foster parents have any doubt about parenting issues or any other issues? Have you cleared their doubts? 2.3 Interaction with the family members (i) Have you interacted with other family members of the prospective foster parents? What is their opinion about the proposed foster care? Are they positive about the foster care arrangement? (ii) Are there any other family member(s) whom you could not interact but they might have a larger role in the proposed foster care? If so, how did you interact? Wo uld you plan to take their views? (iii) Have you interacted with older child/ren present in the home of the prospective foster parents? If yes, please give details. (iv) Have you noticed any adverse remarks from the family members? If so, how far those remarks may have an impact on the foster care process? Ex-324/2019 - 188 - - 189 - 187 2.4Financial capacity (i) What is your opinion about the financial status of the prospective foster parents? Are they financially sound to welcome another member into their family? (ii) Have you observed any financial situation w hich is hidden in the template? (iii) Would you recommend any financial assistance to them? 2.5 Physical and emotional capacity (i) Are the prospective foster parents in a good physical and emotional state to take care of a child? (ii) Have you observed any physical or psychological issues with the prospective foster parents or any other family members that is going to affect the life of the upcoming child? If so, give details. (iii) Are the prospective foster parents emotionally equipped enough to take care of a child? 3. Recommendation for Foster care 3.1 Do you recommend the prospective foster parents for foster care? Put your views and rationale for recommending the prospective foster parents for foster care. 3.2 In case, you do not recommend the prospective foster parents for foster care, cite appropriate reasons for taking such decision. Signature, name, designation and official seal FORM 31 [Rule 23(4)] CHILD STUDY REPORT CHILD STUDY REPORT S. N o. Item Response 1. Date of Assessment 2. Source of Referral 188 3. Photograph of the Child to be refreshed periodically Profile of the Child 4. Name of the Child 5. Date of Birth 6. Place of Birth 7. Age 8. Nationality 9. Religion 10 . Education 11 . Mother Tongue 12 . Present Address 13 . Aadhaar Card Number 14 . Contact Details a) Landline b) Mobile 15 . Placement history if the child is from institution a) Date of Placement b) Name and Permanent details of the child c) Reason for leaving the family The child has not been placed in adoption 16 . Reason for placement if the child is from community Mother or both parents in prison Parents are suffering from long term illness Dysfunctional family ( e.g. substanceabuse, domestic violence etc) Parents in process of separation Parents in process of legal Ex-324/2019 - 188 - - 189 - 188 3. Photograph of the Child to be refreshed periodically Profile of the Child 4. Name of the Child 5. Date of Birth 6. Place of Birth 7. Age 8. Nationality 9. Religion 10 . Education 11 . Mother Tongue 12 . Present Address 13 . Aadhaar Card Number 14 . Contact Details a) Landline b) Mobile 15 . Placement history if the child is from institution a) Date of Placement b) Name and Permanent details of the child c) Reason for leaving the family The child has not been placed in adoption 16 . Reason for placement if the child is from community Mother or both parents in prison Parents are suffering from long termillness Dysfunctional family ( e.g. substanceabuse, domestic violence etc) Parents in process of separation Parents in process of legal Ex-324/2019 - 190 - - 191 - 189 custody dispute Natural disaster Others I ………………… Social Worker / Protection Officer (NIC)hereby certify that the information given in this form about child …………………………is correct. Signature: Place: Name: Date: Designation: FORM 32 [Rule 23(15)] ORDER OF FOSTER CARE PLACEMENT WITH A FAMILY OR GROUPFOSTER CARE The child (name and address) …………………approximate age……… d/o or s/o Mr………………… and Mrs…………………….is in need of care and protection of a family. Mr………………… and Mrs……………r esident of (complete address and contact numbers) ……………………………………………are declared fit for foster -care placement of the child after considering the Individual Care Plan, Child Study Report and Home Study Report. OR Child Care Institution (Name and address)…………………………is declared fit for foster - care placement of the child after considering the Individual Care Plan and Child Study Report. The child (name) …………………………….. is placed in foster care with effect from………..for a period of ……………………………… under the supervision of ……………………………………………………. Chairperson/ Member Child Welfare Committee 190 FORM 33 [Rule 23(16)] UNDERTAKING BY THE FOSTER FAMILY/GROUP FOSTER CARE ORGANISATION I/We ………………… resident(s) of House no. ………Street……………….. Village/Town ……………District …………State ………/ care giver associated with foster carehome run by ………………….. organization at …………(address), do hereby declare that I/We am/are willing to take charge of (name of the child…………… ……………..…Aged………under the orders of the Child Welfare Committee………………………subject to the following terms and conditions: (i) If the conduct of the child is unsatisfactory I/we shall at once inform the Committee (ii) I/We shall do my/our best for the welfare and education of the said child as long as he remains in my charge and shall make proper provision for his maintenance. (iii) In the event of his illness, he shall have proper medical attention in the nearest hospital and a report of it followed by a fitness certificate shall be submitted before the Committee. (iv) I/We shall inform the Committee about any change of address. (v) I/We shall do my best to ensure that the child will not be subjected to any form of abuse. (vi) I/We agree to adhere to the conditions laid by the Committee. (vii) I/We undertake to produce him before the Committee as and when required. (viii) I/We undertake to inform the Comm ittee immediately if the child goes out of my charge or control. Date this ………………day of ……………….. Signature and address of 2 witne sses Signature of Applicant(s) (Signed before me) Chairperson/Member, Child Welfare Committee FORM 34 [Rule 23(17)] RECORD OF A CHILD IN FOSTER CARE (a) Case no......... (b) Name of the Child………………………. (c) Age…………………………………….. Ex-324/2019 - 190 - - 191 - 190 FORM 33 [Rule 23(16)] UNDERTAKING BY THE FOSTER FAMILY/GROUP FOSTER CARE ORGANISATION I/We ………………… resident(s) of House no. ………Street……………….. Village/Town ……………District …………State ………/ care giver associated with foster carehome run by ………………….. organization at …………(address), do hereby declare that I/We am/are willing to take charge of (name of the child…………… ……………..…Aged………under the orders of the Child Welfare Committee………………………subject to the following terms and conditions: (i) If the conduct of the child is unsatisfactory I/we shall at once inform the Committee (ii) I/We shall do my/our best for the welfare and education of the said child as long as he remains in my charge and shall make proper provision for his maintenance. (iii) In the event of his illness, he shall have proper medical attention in the nearest hospital and a report of it followed by a fitness certificate shall be submitted before the Committee. (iv) I/We shall inform the Committee about any change of address. (v) I/We shall do my best to ensure that the child will not be subjected to any form of abuse. (vi) I/We agree to adhere to the conditions laid by the Committee. (vii) I/We undertake to produce him before the Committee as and when required. (viii) I/We undertake to inform the Comm ittee immediately if the child goes out of my charge or control. Date this ………………day of ……………….. Signature and address of 2 witne sses Signature of Applicant(s) (Signed before me) Chairperson/Member, Child Welfare Committee FORM 34 [Rule 23(17)] RECORD OF A CHILD IN FOSTER CARE (a) Case no......... (b) Name of the Child………………………. (c) Age…………………………………….. Ex-324/2019 - 192 - - 193 - 191 (d) Gender…………………………………………… (e) Name and address of the Child Care Institution, if any from where the child has been given for foster care………………………………………. (f) Individual Care Plan (g) Any other source of referral……………………….. (h) Details of the child placed in foster care including Photograph of the child, foster care giver/parent, biological parents, if available……………………….. (i) Details of the placement -individual or group including date and period of placement (j) Home Study Report of the biological family, where applicable with photograph (k) Home Study report of the foster family- individual or group care, with photograph (l) Child Study Report (m) Address of the Child Welfare Committee (n) Particulars of the order of the Committee placing the child in foster care (o) Record (number and significant details) of each visit with the child, foster family, Biological family, if available and child’s school (p) Record of all reviews of the placement including observations, extent and quality of compliance with Care Plan, child’s developmental milestones, child’s academic progress, and any changes in family environment (q) In the case of extension or termination of th e placement, record of date and reason for termination (r) Date of the child being handed over to the foster family: (s) Financial assistance provided, if any (t) Name of the Protection Officer (NIC)/ Social Worker/ Case Worker appointed FORM 35 [Rule 23(18)] MONTHLY INSPECTION OF FOSTER FAMILIES/GROUP FOSTER CARE (Fill as applicable) Date of Visit: (a) Name : (b) Date of Birth & Age : (c) Gender : (Affix Recent Photo) 192 (d) Date of Placement : 1. Details of Foster Parents (a) Name of Foster Parents (b) Address (c) Contact details (i) Landline: (ii) Mobile: (d) Aadhaar Card Number: (e) Photograph of Parents 3.Interaction with the Foster Child (a) Child’s experience being part of the family ( with reference to whether the child isproperly cared for – physical, emotional and health) describe (i) Health Indicators (a) Present Health Status (b) Any record of Illness (c) Any other treatment that the child is undergoing (ii) Emotional Happy and well -adjusted In process of adjusting Maladjusted (b) How is the child performing in his studies? (i) check in relation with the grades/marks the child achieved in previous examinations, (ii) Foster parents have regular conversations with the child regarding his/her studies, extra curricular activities (iii) Do they attend PTA meetings? Yes No Sometimes Yes No Sometimes (Affix recent Photo) (Affix recent Photo) Ex-324/2019 - 192 - - 193 - 192 (d) Date of Placement : 1. Details of Foster Parents (a) Name of Foster Parents (b) Address (c) Contact details (i) Landline: (ii) Mobile: (d) Aadhaar Card Number: (e) Photograph of Parents 3.Interaction with the Foster Child (a) Child’s experience being part of the family ( with reference to whether the child isproperly cared for – physical, emotional and health) describe (i) Health Indicators (a) Present Health Status (b) Any record of Illness (c) Any other treatment that the child is undergoing (ii) Emotional Happy and well -adjusted In process of adjusting Maladjusted (b) How is the child performing in his studies? (i) check in relation with the grades/marks the child achieved in previous examinations, (ii) Foster parents have regular conversations with the child regarding his/her studies, extra curricular activities (iii) Do they attend PTA meetings? Yes No Sometimes Yes No Sometimes (Affix recent Photo) (Affix recent Photo) Ex-324/2019 - 194 - - 195 - 193 (c) (i) The amount of time parents (foster) spends with the child either alone or together with their own children. (ii) How do they spend time together as a family and for what? (iii) Does the foster child share with the foster parent’s problems he /she is facing either at home, school in the neighbourhood or emotionally feeling not happy? Having conversations Dining Playing Watching TV Going to school Doing homework together Others (specify) Yes No Sometimes (d) Does the child get support from foster parents’ children? ( do they mutually help each other) Yes No Sometimes (e) Has there been any incident that made the foster child feel discriminated against? (f) Has there been any incident/incidents that made you uncomfortable? (i) The way a foster parent/older sibling/any other member touched you. (ii) The conversations foster parents/older siblings/any other member had with you (iii) Any materials -visuals, printed you were made to watch or read (iv) Were you at any time sexually assaulted or abused?* * if the answers are “yes” immediate steps should be taken to remove the child and send to a place of safety and support the child with medical and psycho- social therapy. ** Actions to be taken against the foster carers or parents according t o the procedures laid down. Yes No Yes No Yes No Yes No Ex-324/2019 - 194 - - 195 - 193 (c) (i) The amount of time parents (foster) spends with the child either alone or together with their own children. (ii) How do they spend time together as a family and for what? (iii) Does the foster child share with the foster parent’s problems he /she is facing either at home, school in the neighbourhood or emotionally feeling not happy? Having conversations Dining Playing Watching TV Going to school Doing homework together Others (specify) Yes No Sometimes (d) Does the child get support from foster parents’ children? ( do they mutually help each other) Yes No Sometimes (e) Has there been any incident that made the foster child feel discriminated against? (f) Has there been any incident/incidents that made you uncomfortable? (i) The way a foster parent/older sibling/any other member touched you. (ii) The conversations foster parents/older siblings/any other member had with you (iii) Any materials -visuals, printed you were made to watch or read (iv) Were you at any time sexually assaulted or abused?* * if the answers are “yes” immediate steps should be taken to remove the child and send to a place of safety and support the child with medical and psycho- social therapy. ** Actions to be taken against the foster carers or parents according t o the procedures laid down. Yes No Yes No Yes No Yes No 194 *** Is similar treatment being meted out to their biological child also? Then the biological child should also be treated as a child in need of care and protection and appropriate action may be taken (g) Whether the child keeps in contact with his/her family of origin (by telephone, letters, visits). Specify Yes No (h) Have you been beaten by the foster parent at any time? Yes No (i) Have you been spoken to in a manner that you felt humiliated? Yes No (j) Are you made to do household chores? Yes No (k) Do the biological children of the foster parents made to do the same household chores? Yes No 5. Interaction with Foster Parents (a) Parent’s impressions about the behavior (emotional well- being)of the child in the family Happy and well adjusted In process of adjusting Maladjusted (b) Perception about his/her adjustment with the household and with other members in the family Happy and well adjusted In process of adjusting Maladjusted (c) How do you discipline the child? Reason with the child Scolding , Chastise Beat the child Other Methods (Specify) (d) What are the behavior traits that are of concern and how do you as parents deal with them? Lack of co -operation Lack of Adjustment Introvert Aggressive Ex-324/2019 - 196 - - 197 - 195 Not Communicative Any Other (e) Do you spend time together with the foster child and biological children? Describe. Yes No Sometimes (f) Views on the progress of Child’s education and other talents (i) Child is faring well in school (ii) If the child is not faring well in school do you seek to find out the reasons (a) from the child (b) the school teacher (iii) Do you attend PTA meetings? Yes No Yes No Yes No Yes No Sometimes (g) Do the foster parents consult the child while taking decisions on behalf of him/her? Yes No Sometimes (h) How does the child show his approval/disapproval to the foster parent’s decisions? Accept the decision with happiness Accept the decisions but unhappy Refuse to accept the decision and shows aggressive behavior) (i) Are the foster parents aware of the social networks of the child? Yes No Sometimes (j) Views on child’s social relationship with the neighbors, school friends and teachers. Good and regular interaction Periodic Interactions (k) What is their plan for the child? (To be noted down) (l) Does the foster child maintain the contact with his/her family of origin? (by telephone, letters, visits). Specify Yes No Sometimes (m) Who maintains the bank account of the foster child as a parent? 196 6. Interaction with biological children of the Foster Parents: (a) The things they do together with the foster child Dining Playing Watching TV Going to school Doing homework together (b) Do they have quarrels or fights between themselves and the foster child? If yes, how often, on what issues, and how do they resolve it. Please note down. Yes No Sometimes (c) How do you feel when your parents show love, affection and care to the foster child? Happy Unhappy Angry Jealous 7. Interaction with the School Teachers: (a) Information about the academic performance of the child in the school (verify with progress cards to see if the child has shown any progress) Good Fair Satisfactory Poor (b) Teacher’s observation: if the child has adjusted to his/her foster parents Happy and well adjusted In process of adjusting Maladjusted (c) Do the foster parents attend parent -teacher meeting? Yes No Sometimes (d) Do they seem interested in the child’s studies ?(by enquiring of his academic achievements, his relationship with teachers and classmates) Yes No Sometimes Ex-324/2019 - 196 - - 197 - 196 6. Interaction with biological children of the Foster Parents: (a) The things they do together with the foster child Dining Playing Watching TV Going to school Doing homework together (b) Do they have quarrels or fights between themselves and the foster child? If yes, how often, on what issues, and how do they resolve it. Please note down. Yes No Sometimes (c) How do you feel when your parents show love, affection and care to the foster child? Happy Unhappy Angry Jealous 7. Interaction with the School Teachers: (a) Information about the academic performance of the child in the school (verify with progress cards to see if the child has shown any progress)Good Fair Satisfactory Poor (b) Teacher’s observation: if the child has adjusted to his/her foster parents Happy and well adjusted In process of adjusting Maladjusted (c) Do the foster parents attend parent -teacher meeting? Yes No Sometimes (d) Do they seem interested in the child’s studies ?(by enquiring of his academic achievements, his relationship with teachers and classmates) Yes No Sometimes Ex-324/2019 - 198 - - 199 - 197 (e) Observation on child’s behavior in the school ( his relationship with teachers, classmates) Happy and welladjusted In process of adjusting Maladjusted (f) Any concerns of the child in the school. If yes, give details 8. Interaction with Parents of Origin (a) Have the parents of origin maintained contact with their child (by telephone calls, letters, and visits? How frequently? Yes No Sometimes (b) Was the child happy to meet them? Yes No Upset while meeting them (c) Did the child raise any issues with regard to his or her foster carers/parents/family with them? Yes No (d) Do they have any interaction with the foster family regarding the wellbeing of the child? Yes No Sometimes (e) The family’s status to receive back the child Family is interested and in a position to receive back the child. Family is interested but not in a position to receive back the child. Family is not interested to receive back the child. ( f) Received any support from the government or any other agency in helping them to receive back the child from the foster carers(If yes, give details) Yes No 9. Interaction with Neighbours (a) Knowledge about the neighbor fostering a child. Yes No Sometimes 198 (b) Information about the attitude and behavior of the foster family towards the child. Positive and Happy Indifferent Attitude Negative Attitude Misbehavior towards foster children (c) Observed any quarrel or issues between the family members and foster child or between neighborhood and the foster child ( if yes, give detail) Yes No Prepared by Signatures FORM 36 [Rule 24(5)] ORDER OF SPONSORSHIP PLACEMENT The child (name and address) …………………..age…………… d/o or s/o Mr……………………and/or Mrs………………. has been identified as a child needing sponsorship support for education/ health/ nutrition/ other developmental needs ……………………(p lease specify). The District Child Protection Unit is hereby directed to release Rs……………per month/ Rs…………. as one time sponsorship support to the said child for a period of …………… (days/month) and carryout necessary follow up and for the said purpose shall open a bank account in the name of the child…………………………. to be operated by …………………….. Children’s Court/ Principal Magistrate, Juvenile Justice Board/ Chairperson/Member, Child Welfare Committee Ex-324/2019 - 198 - - 199 - 198 (b) Information about the attitude and behavior of the foster family towards the child. Positive and Happy Indifferent Attitude Negative Attitude Misbehavior towards foster children (c) Observed any quarrel or issues between the family members and foster child or between neighborhood and the foster child ( if yes, give detail) Yes No Prepared by Signatures FORM 36 [Rule 24(5)] ORDER OF SPONSORSHIP PLACEMENT The child (name and address) …………………..age…………… d/o or s/o Mr……………………and/or Mrs………………. has been identified as a child needing sponsorship support for education/ health/ nutrition/ other developmental needs ……………………(p lease specify). The District Child Protection Unit is hereby directed to release Rs……………per month/ Rs…………. as one time sponsorship support to the said child for a period of …………… (days/month) and carryout necessary follow up and for the said purpose shall open a bank account in the name of the child…………………………. to be operated by …………………….. Children’s Court/ Principal Magistrate, Juvenile Justice Board/ Chairperson/Member, Child Welfare Committee Ex-324/2019 - 200 - - 201 - 199 FORM 37 [Rule 25(2)] ORDER OF AFTER CARE PLACEMENT The child (name) ………………. d/o or s/o ………………… has/ will be completing 18 years of age on (date) …………………. She/ he is still in need of care and protection for the purpose of rehabilitation and reintegration and specifically for (specify the purpose). She/he is placed in (name of organization) ……………............. for providing aftercare. The In-charge of the Organization is directed to admit the child and provide all possible opportunities for her/ his rehabilitation and reintegra tion in its truest sense. The person shall be provided all these opportunities maximum till the age of 21 years only or till reintegration in the society, whichever is earlier. The in -charge will send half yearly report on the status of the child/youth to the Child Welfare Committee. The State/ District Child Protection Unit is hereby directed to release Rs………… ............per month towards aftercare support to the said person for a period of …………. (days/month) and carryout necessary follow up and for the s aid purpose shall open a bank account in the name of the person……………….. Children’s Court/ Principal Magistrate, Juvenile Justice Board/ Chairperson/Member, Child Welfare Committee Copy to: State/ District Child Protection Unit or concerned Depa rtment of the State Government. FORM 38 [Rule 27(2)] APPLICATION FOR FIT FACILITY INCLUDING GROUP FOSTER CARE 1. Detail of Institution/ Agency/ Organization which seeks recognition as fit facility 1.a Name of the Institution /Agency/ Organization 200 1.b Registration number and date of Registration of the Institution/ Organization under the relevant Act (Annex -Relevant documents of registration, bye- laws, memorandum of association) 1. c Complete address of the Applicant/ Institution/ organization 1.d STD code/ Telephone No. 1.e STD code Fax No. 1.f E-mail address 1.g Whether the organization is of all India character, if yes, give address of its branches, in other states 1.h If the Institution had been denied recognition earlier? If yes (i) Reference No. of application leading to denial of recognition (ii) Date of denial (iii) Who had denied the recognition (iv) Reason for denial of recognition 2. Details of the proposed fit facility: 2.a Complete address/ location of proposed Fit Facility 2.b STD code/ telephone no 2.c STD code fax no 2.d E-mail 3. Connectivity (Name and Distance from the proposed Fit Facility) 3.a Main Road 3.b Bus -stand 3.c Railway Station 3.d Any landmark 4. Infrastructure: 4.a No. of Rooms (Mention with measurement) 4.b No. of toilets (mention with measurement) 4.c No. of Kitchens (mention with measurement) 4.d No. of sick room 4.e Annex -Copy of blue print of the building (authentic sketch plan of building) Ex-324/2019 - 200 - - 201 - 200 1.b Registration number and date of Registration of the Institution/ Organization under the relevant Act (Annex-Relevant documents of registration, bye- laws, memorandum of association) 1. c Complete address of the Applicant/ Institution/ organization 1.d STD code/ Telephone No. 1.e STD code Fax No. 1.f E-mail address 1.g Whether the organization is of all India character, if yes, give address of its branches, in other states 1.h If the Institution had been denied recognition earlier? If yes (i) Reference No. of application leading to denial of recognition (ii) Date of denial (iii) Who had denied the recognition (iv) Reason for denial of recognition 2. Details of the proposed fit facility: 2.a Complete address/ location of proposed Fit Facility 2.b STD code/ telephone no 2.c STD code fax no 2.d E-mail 3. Connectivity (Name and Distance from the proposed Fit Facility) 3.a Main Road 3.b Bus -stand 3.c Railway Station 3.d Any landmark 4. Infrastructure: 4.a No. of Rooms (Mention with measurement) 4.b No. of toilets (mention with measurement) 4.c No. of Kitchens (mention with measurement) 4.d No. of sick room 4.e Annex -Copy of blue print of the building (authentic sketch plan of building) Ex-324/2019 - 202 - - 203 - 201 4.f Arrangement to deal with unforeseen disaster also mention the kind of arrangement made: (i) Fire (ii) Earth quake (iii) Any other arrangement 4.g Arrangement of Drinking water Annex -Certified from public health engineering (PHE) Department. 4.h Arrangement to maintain sanitation and hygiene: (i) Pest Control (ii) Waste disposal (iii) Storage area (iv) Any other arrangement 4.i Rent agreement/ building maintenance estimate (whichever is applicable)(Annex-copy of Rent agreement) 5. Capacity of the Fit Facility 6. Facilities Available (would depend on the purpose for which recognition as fit facility is to be given) 6.c Any other facility that shall impact on the overall development of the child 7. Staffing 7.a Detailed staff list 7.b Name of partner organizations 8. Background of the Applicant 8.a Major activities of the organization in last two years 8.b An updated list of members of the management committee/ governing body in the enclosed format ( Annex-resolution of the annual meeting ) 8.c List of assets/ infrastructure of the organization 8.d If the organization is registered under the Foreign Contribution (Regulation) Act, 1976 (Annex –certificate of registration ) 8.e Details of foreign contribution received last two years (Annex -relevant documents) 8.f List of other sources of grant -in –aid funding (if any )with the name of the scheme / project , purpose amount, etc. (separately) 8.g Details of existing bank account of the agency indicating branch code account no. 8.h Whether the agency agrees to open a separate bank account for the grant proposed 202 8.i Annex -Photocopy of Accounts of last three years: (i) Auditors report (ii) Income andexpenditure account (iii) Receipt and payment account (iv) Balance sheet of the organization. I have read and understood The Juvenile Justice (Care and Protection of Children Act), 2015; and T he Mizoram Juvenile Justice (Care and Protection of Children) Rules, 2019. ………………………………..(Name of the Organization / Institution) has complied with all the requirements to be granted recognition as a Fit Facility under The Juvenile Justice (Care and Protect ion of Children) Act, 2015 and T he Mizoram Juvenile Justice (Care and Protection of Children) Rules, 2019 . I declare that no person associated with the organization has been previously convicted or has been involved in any immoral act or in any act of child abuse or employment of child labour or an offence involving m oral turpitude and that the organization has not been blacklisted by the Central or the State Government at any point of time. I undertake to abide by all the conditions laid down by the Central/ State Act, Rules, Guidelines and Notifications in this rega rd. I undertake to abide by the orders passed by the Juvenile Justice Board or the Child Welfare Committee from time to time. Signature of the authorized signatory: …………………………… Name : Designation : Address : District : Date : Office stamp : Signature of : Witness no.1: ……………………………. Witness no.2: ……………………………… Ex-324/2019 - 202 - - 203 - 202 8.i Annex -Photocopy of Accounts of last three years: (i) Auditors report (ii) Income andexpenditure account (iii) Receipt and payment account (iv) Balance sheet of the organization. I have read and understood The Juvenile Justice (Care and Protection of Children Act), 2015; and T he Mizoram Juvenile Justice (Care and Protection of Children) Rules, 2019. ………………………………..(Name of the Organization / Institution) has complied with all the requirements to be granted recognition as a Fit Facility under The Juvenile Justice (Care and Protect ion of Children) Act, 2015 and T he Mizoram Juvenile Justice (Care and Protection of Children) Rules, 2019 . I declare that no person associated with the organization has been previously convicted or has been involved in any immoral act or in any act of child abuse or employment of child labour or an offence involving m oral turpitude and that the organization has not been blacklisted by the Central or the State Government at any point of time. I undertake to abide by all the conditions laid down by the Central/ State Act, Rules, Guidelines and Notifications in this rega rd. I undertake to abide by the orders passed by the Juvenile Justice Board or the Child Welfare Committee from time to time. Signature of the authorized signatory: …………………………… Name : Designation : Address : District : Date : Office stamp : Signature of : Witness no.1: ……………………………. Witness no.2: ……………………………… Ex-324/2019 - 204 - - 205 - 203 FORM 39 [Rule 27(4)] CERTIFICATE OF RECOGNITION OF FIT FACILITY INCLUDING GROUP FOSTER CARE After perusal of the documents and on the basis of an inspection of the Institution conducted on……. the........................ (Name of the Institution) is recognized as a Fit Facility under Section 51 of the Juvenile Justice (Care and Protection of Child ren) Act, 2015 with effect from….. for a period of …..years. The Facilit y shall remain bound to follow T he Juvenile Justice (Care and Protection of Children) Act, 2015, The Mizoram Juvenile Justice (Care and Protection of Children) Rules, 2019 and regula tions framed by the appropriate Government from time to time. The Facility shall remain bound to comply with the orders passed by the Juvenile Justice Board or the Child Welfare Committee from time to time. Dated this ….... day of ………….. 20……. …………………. (Signature) (Seal) Dated this ….... day of ………….. 20……. ………………….(Signature) Chairperson, Child Welfare Committee / Principal Magistrate, Juvenile Justice Board FORM 40 [Rule 61(3) (xii)] LIST OF CHILDREN SUBMITTED BY CCI TO BOARD OR COMMITTEE MONTHLY Details of the Child Care Institution: 204 Sl . No. Name of Child FIR/DD/Case No. PS Date of Next Production Total Number of Children admitted during the wee k…………………………… Total Number of Children releas ed during the week…………………………… Total Number of Children in the Institution as on……………… ……………… Signature Person -in -charge of the CCI Date: FORM 41 [Rule 69 (C) (1)] PROTECTIVE CUSTODY CARD 1. Name of the child : 2. Age of the child : 3. Mother’s Name : 4. Father’s Name: 5. Address of parent/guardians : 6. Date of receiving by Organization/Institutio n: 7. Name & contact detailsof the person producing child: 8. Date of Inquiry: This is to authorize and direct you to receive the above named child in your Child Care Institution and keep her/him in your charge for protective custody under the J.J. Act, 2015. Ex-324/2019 - 204 - - 205 - 204 Sl. No. Name of Child FIR/DD/Case No. PS Date of Next Production Total Number of Children admitted during the wee k…………………………… Total Number of Children releas ed during the week…………………………… Total Number of Children in the Institution as on……………… ……………… Signature Person -in -charge of the CCI Date: FORM 41 [Rule 69 (C) (1)] PROTECTIVE CUSTODY CARD 1. Name of the child : 2. Age of the child : 3. Mother’s Name : 4. Father’s Name: 5. Address of parent/guardians : 6. Date of receiving by Organization/Institutio n: 7. Name & contact detailsof the person producing child: 8. Date of Inquiry: This is to authorize and direct you to receive the above named child in your Child Care Institution and keep her/him in your charge for protective custody under the J.J. Act, 2015. Ex-324/2019 - 206 - - 207 - 205 And to produce the child on….................... Next Date of hearing……………...............(Signature) Principal Magistrate/ Member, Juvenile Justice Board FORM 42 [Rules 69 (D) (4)] OVERNIGHT PROTECTIVE STAY Whereas (name of the child) ..................................has this day been apprehended/ found to be in need of overnight protective stay at the ………………………………………………. (Name of the Institution). The said child has been produced by ……………………… ( Name of the child welfare police off icer, from …………..… Police Station, ……………) . The child has been brought along with the required application seeking protective stay, medical report stating the general health condition of the child which has been duly perused by the person in- charge of the Institution. The said child has been brought to the Institution at ………………. (time) and shall be handed over on the following day to the concerned jurisdiction of the child welfare police officer on or before ………………(mention time). The personal belongings of the child have been thoroughly searched and the following articles ……………………………………………. (ifany) have been handed over to the concerned child welfare police o fficer. I n case the concerned child welfare police officer fails to report in due time to take custody of the child, such child shall be produced before the Juvenile Justice Board/ Child Welfare Committee by the Officer in charge of the Institution at th e earliest. Copy to: 1. Child Welfare Police Officer 2. Board / Committee 3. The Person in charge of the Institution 206 Dated this……day of ……………20 ……. (Signature) (Signature) The Person -in -charge of the Institutio n Child Welfare Police Officer FORM 43 [Rule 69 (H) (3)] CASE HISTORY OF THE CHILD (FOR CHILD CARE INSTITUTION) Case/Profile No…………………. Date & Time………………………. A. PERSONAL DATA 1. Name …………………………………………………………………………… 2. Male / Female (tick the approp riate category) …………………………………. 3. Age at the time of admission…………………………………………………… 4. Present age………………………………… 5. Category (tick as applicable): (i) Separated from family (ii) Abandoned/deserted (iii) Victim of exploitation and violence (give detail) (iv) Run-away (v) Any other 6. Religion (i) Hindu (OC/BC/SC/ST) (ii) Muslim/Christian/Other(pl. specify) 7. Native District & State: 8. Description of the Housing: (i) Concrete building/ Kuchha Affix a latest photograph here Ex-324/2019 - 206 - - 207 - 206 Dated this……day of ……………20 ……. (Signature) (Signature) The Person -in -charge of the Institutio n Child Welfare Police Officer FORM 43 [Rule 69 (H) (3)] CASE HISTORY OF THE CHILD (FOR CHILD CARE INSTITUTION) Case/Profile No…………………. Date & Time………………………. A. PERSONAL DATA 1. Name …………………………………………………………………………… 2. Male / Female (tick the approp riate category) …………………………………. 3. Age at the time of admission…………………………………………………… 4. Present age………………………………… 5. Category (tick as applicable): (i) Separated from family (ii) Abandoned/deserted (iii) Victim of exploitation and violence (give detail) (iv) Run-away (v) Any other 6. Religion (i) Hindu (OC/BC/SC/ST) (ii) Muslim/Christian/Other(pl. specify) 7. Native District & State: 8. Description of the Housing: (i) Concrete building/ Kuchha Affix a latest photograph here Ex-324/2019 - 208 - - 209 - 207 (ii) Three bedroom/ two bedroom/ one bedroom/ no separate bedroom (iii) Owned / rental 9. By whom the child was brought before the Child Welfare Committee/Juvenile Justice Board (tick as applicable): (i) Police-Local Police/Special Juvenile Police Unit/ designated Child Welfare Police Officer / Railway Police/ Women Police (ii) Probation Officers (iii) Social Welfare Organization (iv) Social Worker (v) Parent(s)/Guardian (s) (please Specify the relationship) (vi) Any public servant (vii) Any public spirited citizen (viii) Child himself/herself 10. Reasons for leaving the family (i) Abuse by parent(s)/guardian(s)/step parents(s) (ii) In search of employment (iii) Peer group influence (iv) Incapacitation of Parents (v) Criminal behaviour of Parents (vi) Separation of Parents (vii) Demise of Parents (viii) Poverty (ix) Others (please specify) 11. Types of abuse met by the child (i) Verbal abuse – parents/siblings/ employers/others (pl. specify) (ii) Physical abuse (iii) Sexual abuse parents/siblings/ Employers/others(Pl. specify) (iv) Others –parents/siblings/ employers/others (pl. Specify) 12. Types of ill -treatment met by the child. (i) Denial of food –parents/siblings employers/other (pl. specify) (ii) Beaten mercilessly -parents/ Siblings/employers/other (pl. specify) 208 (iv) Causing injury – parents/ siblings/employers/other (pl. specify) (v) Detention -parents/ siblings/employers/other (pl. spec ify) (vi) Other (please Specify) 13. Exploitation faced by the child (i) Extracted work without payment (ii) Little (low) wages with longer duration of work (iii) Others (pl. specify) 14. Health status of the child before admission. (i) Respiratory disorders -present / not known / absent (ii) Hearing impairment -present / not known / absent (iii) Eye diseases -present / not known / absent (iv) Dental disease -present / not known / absent (v) Cardiac diseases -present / not known / absent (vi) Skin disease -present / not known / absent (vii) Sexually transmitted diseases -present / not known / absent (viii) Neurological disorders -present / not known / absent (ix) Mental handicap -present / not known / absent (x) Physical handicap -present / not known / absent (xi) Urinary tract infections -present / not known / absent (xii) Others (pl. specify) -present / not known / absent 15. With whom the child was staying prior to admission (i) Parent(s) – Mother / Father / Both (ii) Siblings / Blood relative (iii) Guardian(s) – Relationship (iv) Friends (v) On the street (vi) Night shelter (vii) Orphanages / Hostels/ Similar Homes (viii) Other (pl. specify) 16. Visit of the parents to meet the child Prior to institutionalization -Frequently / Occasionally / Rarely / Never After institutionalization - Frequently / Occasionally / Rarely / Never Ex-324/2019 - 208 - - 209 - 208 (iv) Causing injury –parents/ siblings/employers/other (pl. specify) (v) Detention -parents/ siblings/employers/other (pl. spec ify) (vi) Other (please Specify) 13. Exploitation faced by the child (i) Extracted work without payment (ii) Little (low) wages with longer duration of work (iii) Others (pl. specify) 14. Health status of the child before admission. (i) Respiratory disorders -present / not known / absent (ii) Hearing impairment -present / not known / absent (iii) Eye diseases -present / not known / absent (iv) Dental disease -present / not known / absent (v) Cardiac diseases -present / not known / absent (vi) Skin disease -present / not known / absent (vii) Sexually transmitted diseases -present / not known / absent (viii) Neurological disorders -present / not known / absent (ix) Mental handicap -present / not known / absent (x) Physical handicap -present / not known / absent (xi) Urinary tract infections -present / not known / absent (xii) Others (pl. specify) -present / not known / absent 15. With whom the child was staying prior to admission (i) Parent(s) – Mother / Father / Both (ii) Siblings / Blood relative (iii) Guardian(s) – Relationship (iv) Friends (v) On the street (vi) Night shelter (vii) Orphanages / Hostels/ Similar Homes (viii) Other (pl. specify) 16. Visit of the parents to meet the child Prior to institutionalization -Frequently / Occasionally / Rarely / Never After institutionalization - Frequently / Occasionally / Rarely / Never Ex-324/2019 - 210 - - 211 - 209 17. Visit of the Child to his parents Prior to institutionalization -Frequently / Occasionally / Rarely / During festival times / During summer holidays / Whenever fallen sick / Never After institutionalization -Frequently / Occasionally / Rarely / During festival times / During summer holidays / Whenever fallen sick / Never 18. Correspondence with parents - Prior to institutionalization –Frequently / Occasionally / Rarely / During festival times / During summer holidays / Whenever fallen sick / Never After institutionalization –Frequently / Occasionally / Rarely / During festival times / During summer holidays / Whenever fallen sick / Never 19. Details of disability 20. Type Family: Nuclear f amily / joint family/ broken family / single parent 21. Relationship among the family membe rs: (i) Father & mother Cordial/ Non -cordial/ Not known (ii) Father & child Cordial/ Non -cordial/ Not known (iii) Mother & child Cordial/ Non -cordial/ Not known (iv) Father & siblings Cordial/ Non -cordial/ Not known (v) Mother & siblings Cordial/ Non -cordial/ Not known (vi) Child & siblings Cordial/ Non -cordial/ Not known (vii) Child & relative Cordial/ Non -cordial/ Not known 22. History of crime committed by family members, if any: S. No. Relationship Nature of Crime Legal status of the case Arrest if any Made Period of confinement Punishment Awarded 1. Father 2. Step father 3. Mother 4. Step mother 210 5. Brother (a) (b) (c) (d) 6. Sister (a) (b) (c) (d) 7. Child 8. Others (uncle/ aunty/ grandparents) 23. Properties owned by the family: (i) Landed properties (pl. specify the area) (ii) Household articles -Cows/ Cattle/ Bull (iii) Vehicles- two wheeler/ three wheeler/ four wheeler (lorry/ bus/ car/ tractor/ jeep) (iv) Others (please specify) 24. Marriage details of family members: (i) Parents Arranged/ Special Marriage (ii) Brothers Arranged/ Special Marriage (iii) Sisters Arranged/ Special Marriage 25. Social activities of family members: (i) Participate in social and religious functions (ii) Participate in cultural activities (iii) Does not participate in social and religious functions (iv) Not known 26. Parental care towards child before admission: (i) Over protection (ii) Affectionate (iii) Attentive (iv) Not affectionate Ex-324/2019 - 210 - - 211 - 210 5. Brother (a) (b) (c) (d) 6. Sister (a) (b) (c) (d) 7. Child 8. Others (uncle/ aunty/ grandparents) 23. Properties owned by the family: (i) Landed properties (pl. specify the area) (ii) Household articles-Cows/ Cattle/ Bull (iii) Vehicles- two wheeler/ three wheeler/ four wheeler (lorry/ bus/ car/ tractor/ jeep) (iv) Others (please specify) 24. Marriage details of family members: (i) Parents Arranged/ Special Marriage (ii) Brothers Arranged/ Special Marriage (iii) Sisters Arranged/ Special Marriage 25. Social activities of family members: (i) Participate in social and religious functions (ii) Participate in cultural activities (iii) Does not participate in social and religious functions (iv) Not known 26. Parental care towards child before admission: (i) Over protection (ii) Affectionate (iii) Attentive (iv) Not affectionate Ex-324/2019 - 212 - - 213 - 211 (v) Not attentive (vi) Rejection ADOLESCENCE HISTORY (Between 12 and 18 years) 27. At what age did the child attain puberty? 28. Details of delinquent behaviour if any (i) Stealing (ii) Pick pocketing (iii) Arrack selling (iv) Drug pedaling (v) Petty offences (vi) Violent crime (vii) Rape (viii) None of the above (ix) Others (please specify) 29. Reason for delinquent behaviour (i) Parental neglect (ii) Parental overprotection (iii) Parents criminal behavior (iv) Parents influence (negative) (v) Peer group influence -To buy drugs/alcohol (vi) Others (pl. specify) 30. Habits A B (i) Smoking (i) Watching TV/movies (ii) Alcohol consumption (ii) Playing indoor/outdoor games (iii) Drug use (specify) (iii) Reading books (iv) Gambling (iv) Religious activities (v) Begging (v) Drawing/painting/acting/singing (vi) Any other (vi) Any other EMPLOYMENT DETAILS 31. Employment details of the child prior to entry into the Home: 212 S.No. Details of employment Timing and Duration Wages earned (i) Cooly (ii) Rag picking (iii) Mechanic (iv) Hotel work (v) Tea shop work (vi) Shoe polish (vii) Household works (viii) Others (pl specify) 32. Details of income utilization: Sent to family to meet family need (i) For dress materials (ii) For gambling (iii) For prostitution (iv) For alcohol (v) For drug (vi) For smoking (vii) Savings 33. Details of savings (i) With employers (ii) With friends (iii) Bank/Post Office (iv) Others (pl. specify) 34. Duration of working hours (i) Less than six hours (ii) Between six and eight hours (iii) More than eight hours EDUCATIONAL DETAILS 35. The details of education of the child prior to the admission to Children’s Home (i) Illiterate (ii) Studied up to V Standard (iii) Studied above V Std but below VIII Standard (iv) Studied above VIII Std but below X Standard (v) Studied above X Standard Ex-324/2019 - 212 - - 213 - 212 S.No. Details of employment Timing and Duration Wages earned (i) Cooly (ii) Rag picking (iii) Mechanic (iv) Hotel work (v) Tea shop work (vi) Shoe polish (vii) Household works (viii) Others (pl specify) 32. Details of income utilization: Sent to family to meet family need (i) For dress materials (ii) For gambling (iii) For prostitution (iv) For alcohol (v) For drug (vi) For smoking (vii) Savings 33. Details of savings (i) With employers (ii) With friends (iii) Bank/Post Office (iv) Others (pl. specify) 34. Duration of working hours (i) Less than six hours (ii) Between six and eight hours (iii) More than eight hours EDUCATIONAL DETAILS 35. The details of education of the child prior to the admission to Children’s Home (i) Illiterate (ii) Studied up to V Standard (iii) Studied above V Std but below VIII Standard (iv) Studied above VIII Std but below X Standard (v) Studied above X Standard Ex-324/2019 - 214 - - 215 - 213 36. The reason for leaving the School (a) Failure in the class last studied (b) Lack of interest in the school activities (c) Indifferent attitude of the teachers (d) Peer group influence (e) To earn and support the family (f) Sudden demise of parents (g) Rigid school atmosphere (h) Absenteeism followed by running away from school (i) There is no age appropriate school nearby (j) Others (pl. specify) 37. The details of the school in which studied last: (i) Corporation/Municipal/Panchayat (ii) Government/SC Welfare School/BC Welfare School (iii) Private management/ Convents 38. Medium instruction: Hindi/English/Urdu/Tamil/Malayalam/Kannada/ Telugu/ Marathi / Gujarati/ Bengali / Other language (please specify) 39. After admission to Children’s Home, the e ducational attainment from the date of admission till date; No. of years Class studied Promoted /detained 40. Vocational training undergone form the date of admission into Children’s Home till date. No. of years Name of Vocational Trade Proficiency Attained Details of certification? 41. Extra-curricular activities developed form the date of admission into the Children’s Home ti ll date (i) Scout (ii) Sports (please specify) (iii) A thletics (please specify) (iv) Drawing (v) Painting (vi) Others (pl. specify) MEDICAL HISTORY 42. Height and weight at the time of admission: 214 43. Physical condition: 44. Medical history of child (gist): 45. Medical history of parent/guardian (gist): 46. Present health status of the child: Sl.No. Annual Observation 1stQuarter 2nd Quarter 3rdQuarter 4thQuarter Date of Review Height Weight Nutritious diet given Stress Dental ENT Eye 47. Height and Weight Chart Date, Month and Year Height Admissible Weight Actual Weight SOCIAL HISTORY 48. Details of friendship prior to admission into Children’s Home: (i) Co -workers (ii) School/Classmate (iii) Neighbours (iv) Others (pl. specify) 49. Majority of the friends are (i) Educated (ii) Illiterate (iii) The same age group (iv) Older in age (v) Younger in age (vi) Same sex (vii) Opposite sex 50. Details of membership in group (please specify details) (i) Associated with cine fans association Ex-324/2019 - 214 - - 215 - 214 43. Physical condition: 44. Medical history of child (gist): 45. Medical history of parent/guardian (gist): 46. Present health status of the child: Sl.No. Annual Observation 1stQuarter 2nd Quarter 3rdQuarter 4thQuarter Date of Review Height Weight Nutritious diet given Stress Dental ENT Eye 47. Height and Weight Chart Date, Month and Year Height Admissible Weight Actual Weight SOCIAL HISTORY 48. Details of friendship prior to admission into Children’s Home: (i) Co-workers (ii) School/Classmate (iii) Neighbours (iv) Others (pl. specify) 49. Majority of the friends are (i) Educated (ii) Illiterate (iii) The same age group (iv) Older in age (v) Younger in age (vi) Same sex (vii) Opposite sex 50. Details of membership in group (please specify details) (i) Associated with cine fans association Ex-324/2019 - 216 - - 217 - 215 (ii) Association with religious group (iii) Associated with arts and sports club (iv) Associated with gangs (v) Associated with voluntary social serviceleague (vi) Others (please specify) 51. The position of the child in the groups/league (i) Leader (ii) Second level leader (iii) Middle level functionary (iv) Ordinary member 52. Purpose of taking membership in the group: (i) For social service activities (ii) For leisure time spending (iii) For pleasure seeking activities (iv) For deviant activities (v) Others (please specify) 53. Attitude of the group / league (i) Respect the social norms and follow the rules (ii) Interested in violating the norms (iii) Impulsive in violating the rules 54. The location/meeting point of the groups (i) Usually at fixed place (ii) Places are changed frequently (iii) No specific places (iv) Meeting point is fixed conveniently 55. The reaction of the society when the child first came out of t he family (i) Supportive (ii) Rejection (iii) Abuse (iv) Ill-treatment (v) Exploitation 56. The reaction of the police towards children (i) Compassionate (ii) Harsh (iii) Aggressive and abusive (iv) Exploitative (v) Ill -treated 216 57. The response of the general public towards the child …………………………. HISTORY OF THE CHILD (Brief) (i) Education (ii) Health (iii) Vocational training (iv) Extra curricular activities (v) Others Suggestion of Child Welfare Officer/ Probation Officer after orientation to child and the response towards orientation. Follow up by Child Welfare Officer/ Probation Officer/ Case Worker/ Social Worker Quarterly Review of Case History by Management Committee Person-in -Charge/ Superintendent/ Child Welfare Officer/ Probation Officer/ Case Worker FORM 44 [Rule 82 (1)] RELEASE CUM RESTORATION ORDER (Name of the Child) …………………… son/ daughterof…………..…… …residence ……................. Case No./ Profile Number…………………... who was ordered to be placed in an observation home/place of safety/ special home/Children’s Home/ by the Juvenile Justice Board/ Children’s Court/ Child Welfare Committee …………………. under section …………….. of the Juvenile Justice (Care and P rotection of Children) Act 2015, for a term of ……………… on the……………….. day of…………….. 20……………. and who is now in the …………………. Institution, at…………………..is directed to be released from the said ……… Institution and supervision and the authority of ……………..duringthe remaining period of stay as ………………………….. reason for discharge). This order is granted subject to the conditions hereon, upon the breach of any of which it shall be liable to be revoked. Dated …………. Ex-324/2019 - 216 - - 217 - 216 57. The response of the general public towards the child …………………………. HISTORY OF THE CHILD (Brief) (i) Education (ii) Health (iii) Vocational training (iv) Extra curricular activities (v) Others Suggestion of Child Welfare Officer/ Probation Officer after orientation to child and the response towards orientation. Follow up by Child Welfare Officer/ Probation Officer/ Case Worker/ Social Worker Quarterly Review of Case History by Management Committee Person-in -Charge/ Superintendent/ Child Welfare Officer/ Probation Officer/ Case Worker FORM 44 [Rule 82 (1)] RELEASE CUM RESTORATION ORDER (Name of the Child) …………………… son/ daughterof…………..…… …residence ……................. Case No./ Profile Number…………………... who was ordered to be placed in an observation home/place of safety/ special home/Children’s Home/ by the Juvenile Justice Board/ Children’s Court/ Child Welfare Committee …………………. under section …………….. of the Juvenile Justice (Care and P rotection of Children) Act 2015, for a term of ……………… on the……………….. day of…………….. 20……………. and who is now in the …………………. Institution, at…………………..is directed to be released from the said ……… Institution and supervision and the authority of ……………..duringthe remaining period of stay as ………………………….. reason for discharge). This order is granted subject to the conditions hereon, upon the breach of any of which it shall be liable to be revoked. Dated …………. Ex-324/2019 - 218 - - 219 - 217 Signature ……………. Juvenile Justice Board/ Children’s Court/ Child Welfare Committee Place: Conditions: 1. The discharged person shall proceed to………………. and live under the supervision and authority of…………………… until the expiry of the period of his stay in Children’s Homes or fit facility/ detention in observation home/ special homes/ place of safety unless the r emission is sooner cancelled. 2. He shall not, without the consent of the ………………..remove himself from that place or any other place, which may be named by the said ………………... 3. He shall obey such instruction as he may receive from the said ……………………………… with r egard to punctual and regular attendance at school/vocation or otherwise. 4. He shall not get involved in any offence and shall lead a sober and industrious life to the satisfaction of……………………………….. 5. In the event of his committing a breach of any of the ab ove conditions the remission of the period of stay in the Institution hereby granted shall be liable to be cancelled and on such cancellation he/she shall be dealt with under section 97 of the Juvenile Justice (Care & Protection of Children) Act 2015. I hereby acknowledge that I am aware of the above conditions which have been read over/ explained to me and that I accept the same. (Signature or mark of the released child) Certified that t he conditions specified in the above order have been read over/explained to (Name of child)……………………..and that he/she has accepted them as the conditions upon which his/her release may be revoked. Certified accordingly that the said child has been discharg ed on the…………………. Signature and Designation of the certifying authority i.e. Person- in-charge of the institution 218 FORM 45 [Rules 82(4)] ESCORT ORDER Case No……………. In the matter of Boy/Girl Child ………………………………....... Aged about…………year taken The Parents of the boy/girl child are reported to be residing at……………..…….. He/She therefore be sent under supervision of a ……… …….……………………. (Designation) a proper police / recognized non governmental organization……………. (Name of the NGO/ Agency) escort to the……………………………………… For tracing and for handing over to the parents or close relatives of the said Boy Child/Girl Child residing at the aforesaid address or at other Place which may be shown by the Child, if no such parents or relative are traced or if t raced but they are unwilling to take charge of the boy/girl be kept in the custody of the Superintendent …………………………………….. Children’s Home/ Place of Safety/ Observation Homes of the said district and the said Boy/Girl child be produced before the concerned Child Welfare Committee/ Juvenile Justice Board for further orders. Orders Pending Escort, the said Boy/Girl Child shall remain in Children’s Home/ Place of Safety/ Observation Homes, residing at present a ………………………The State/District Child Protection Unit, or Police Department and recognized Non -governmental organization/ Childline shall positively make immediate arrangement not less than 15 days from the date of receipt of this order by him and send the said Boy Child/Girl Child at his/her aforesaid pl ace of residence. Dated this…………………..day of……………………..20 Chairperson/Member Child Welfare Committee Juvenile Justice Board CC to: 1. The Person in charge, Child Care Institution. 2. The District Child Protection Unit or non -governmental organization or Childline . Ref.: 1. Order of admission of minor……………born on………..Profile No…………… Ex-324/2019 - 218 - - 219 - 218 FORM 45 [Rules 82(4)] ESCORT ORDER Case No……………. In the matter of Boy/Girl Child ………………………………....... Aged about…………year taken The Parents of the boy/girl child are reported to be residing at……………..…….. He/She therefore be sent under supervision of a ……… …….……………………. (Designation) a proper police / recognized non governmental organization……………. (Name of the NGO/ Agency) escort to the……………………………………… For tracing and for handing over to the parents or close relatives of the said Boy Child/Girl Child residing at the aforesaid address or at other Place which may be shown by the Child, if no such parents or relative are traced or if t raced but they are unwilling to take charge of the boy/girl be kept in the custody of the Superintendent …………………………………….. Children’s Home/ Place of Safety/ Observation Homes of the said district and the said Boy/Girl child be produced before the concerned Child Welfare Committee/ Juvenile Justice Board for further orders. Orders Pending Escort, the said Boy/Girl Child shall remain in Children’s Home/ Place of Safety/ Observation Homes, residing at present a ………………………The State/District Child Protection Unit, or Police Department and recognized Non -governmental organization/ Childline shall positively make immediate arrangement not less than 15 days from the date of receipt of this order by him and send the said Boy Child/Girl Child at his/her aforesaid pl ace of residence. Dated this…………………..day of……………………..20 Chairperson/Member Child Welfare Committee Juvenile Justice Board CC to: 1. The Person in charge, Child Care Institution. 2. The District Child Protection Unit or non -governmental organization or Childline . Ref.: 1. Order of admission of minor……………born on………..Profile No…………… Ex-324/2019 - 220 - - 221 - 219 FORM 46 [Rule 41(3) and 41 (9)] INSPECTION BY INSPECTION COMMITTEE (Fill as applicable) Date of visit: ………………………. Time of visit: ………………………… Name of the officials inspecting the Home: 1. …………………………….. 2. …………………………… 3. …………………………… A. General Information : (i) Name and address of the Organisation: ................................................................................................................................................ .......................................................................................... (ii) Registration No. (Under JJ Act, 2015): ………………………... Date of issue: …………………………………………………… Date of expiry: …………………………………………….……. (iii) Complete address of the CCI : ................................................................................................................................................ .......................................................................................... (iv) Name o f the Officer/Person -in -Charge: ..................................................................................................................... (v) Contact No: ………………. Email Id: …………… … (vi) Type of Home (Please tick  one): Observation Home/ Special Home/ Place of Safety/ Children’s Home/ Open Shelter /Any other (please specify): (vii) If Aided/supported: by State Government, Name of the Department: (viii) If run by Government: B. Status of Children: (i) Sanction capacity of the Home…………………………. (ii) Are the children of both sexes below 10 years kept in the same home Yes No If yes, number of such children as on today…………………. 220 (iii) Are the bathing and sleeping facilities maintained separately for boys and girlsin the age group of 5- 10 years? Yes No (iv) Are children segregated in the age group given below? Give number of children in the age group of i. 7- 11 years: ii. 12- 18 years: iii. Are there children in the age group of 0-5 years staying there? Yes No If yes, Give numbers: iv. Are there children above 18 years staying there? Yes No If yes, Give numbers: v. No. of new admissions i n the current month………………...……… vi. No. of children who have moved out/released……………………… vii. No. of children referred by C WC/JJB during the month…………… viii. No. of children produced before CWC/JJB during the month……… ix. No. of children as on lastday of the previous month ………… …… x. No. of children with special needs,if yes, give details……………… xi. Interventions made for their rehabil itation: ………........................... ............................................................................................................. xii. Are the Individual care plans prepared for every c hild? Yes No C. Infrastructure : • Building: • Rented:……………… Owned ……………………………. • Are CCTV cameras installed at the entrance Yes No • Security Adequate Inadequate • Sufficient space to accommodate the children: YesNo Space available: No. of rooms / dormitories Details Provision of sick room / medical unit Counseling room Ex-324/2019 - 220 - - 221 - 220 (iii)Are the bathing and sleeping facilities maintained separately for boys and girlsin the age group of 5- 10 years? Yes No (iv) Are children segregated in the age group given below? Give number of children in the age group of i. 7- 11 years: ii. 12- 18 years: iii. Are there children in the age group of 0-5 years staying there? Yes No If yes, Give numbers: iv. Are there children above 18 years staying there? Yes No If yes, Give numbers: v. No. of new admissions i n the current month………………...……… vi. No. of children who have moved out/released……………………… vii. No. of children referred by C WC/JJB during the month…………… viii. No. of children produced before CWC/JJB during the month……… ix. No. of children as on lastday of the previous month ………… …… x. No. of children with special needs,if yes, give details……………… xi. Interventions made for their rehabil itation: ………........................... ............................................................................................................. xii. Are the Individual care plans prepared for every c hild? Yes No C. Infrastructure : • Building: • Rented: ……………… Owned ……………………………. • Are CCTV cameras installed at the entrance Yes No • Security Adequate Inadequate • Sufficient space to accommodate the children: YesNo Space available: No. of rooms / dormitories Details Provision of sick room / medical unit Counseling room Ex-324/2019 - 222 - - 223 - 221 Recreational / activity room for Children • Is there a TV set available with Cable network • How often are children allowed to view TV • Are children playing games indoors • What games are available to them • Are children playing games outdoors • Do they have equipments/ accessories to play • Do children go for picnics/excursions • Do they have interactions with eminent personalities • Is therea recreation room available to children Yes No in the evenings or any time Yes No age appropriate games or not Yes No Yes No Yes No Yes No Yes No Kitchen / Dining Room • Is the cooking area and pantry separate • Do children get i ndividual thalis, mugs glasses • Are cooking utensils adequate and clean • Is there a fridge available for children • Is there aOven available for children • Is there a Gas stove available in kitchen • Is there a chimney available • What is the arrangement to keep the gas cylinders • Adequate water supply for washing, cooking • Adequate drinking water available (RO) • Is cooking done by machines or by cook Yes No Yes No Yes No Yes No Yes No Yes No Yes No safe/away from children or not Yes No Yes No Yes No Number of toilets & bathrooms for Children • Flush is working • Taps in the wash basin are functioning • Is the floor slippery • Drains clean • Drains are clogged • Fittings for hanging clothes/ towels in place • Cob webs are removed • Door has a latch • Door has peep holes Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No 222 • Frequency of bath a child is allowed • Water is adequately available • Adequate numbers of buckets and mugs • Personal toiletries are provided • Is washing powder or soap given • Do children wash their own clothes • Is there a washer man available • Is the washing machine functional Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Open space for outdoor activities Class rooms Space for vocational training Premises • Does the home have a child friendly indoors? Yes No • How often is the sweeping, swabbing done? Twice a day or more • Are the children involved in cleaning exercise during class hours? Yes No • Are the facilities of coolers/ heaters available for children? Yes No • Are the doors and windows maintained properly? Yes No • Are the rooms and dormitories well ventilated? Yes No • Is there an alternate provision for lights and fans when there is no electricity available? YesNo • Are the outdoors clean, pleasant and child friendly? Yes No Clothing / Bedding/Lockers/ Toiletries provided to the children: • Are the cl othes provided as per size and season YesNo • Frequency of changing undergarments YesNo • New clothes are stitched or bought stitched or bought • Are the mattresses given individually YesNo • Are pillows given individually YesNo • Are the mattress and pillows clean YesNo • Do children have separate cupboards YesNo • Are bed sheets andKhes available YesNo • Are blan kets available in winters YesNo Ex-324/2019 - 222 - - 223 - 222 • Frequency of bath a child is allowed • Water is adequately available • Adequate numbers of buckets and mugs • Personal toiletries are provided • Is washing powder or soap given • Do children wash their own clothes • Is there a washer man available • Is the washing machine functional Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Open space for outdoor activities Class rooms Space for vocational training Premises • Does the home have a child friendly indoors? Yes No • How often is the sweeping, swabbing done? Twice a day or more • Are the children involved in cleaning exercise during class hours? Yes No • Are the facilities of coolers/ heaters available for children? Yes No • Are the doors and windows maintained properly? Yes No • Are the rooms and dormitories well ventilated? Yes No • Is there an alternate provision for lights and fans when there is no electricity available? YesNo • Are the outdoors clean, pleasant and child friendly? Yes No Clothing / Bedding/Lockers/ Toiletries provided to the children: • Are the cl othes provided as per size and season YesNo • Frequency of changing undergarments YesNo • New clothes are stitched or bought stitched or bought • Are the mattresses given individually YesNo • Are pillows given individually YesNo • Are the mattress and pillows clean YesNo • Do children have separate cupboards YesNo • Are bed sheets andKhes available YesNo • Are blan kets available in winters YesNo Ex-324/2019 - 224 - - 225 - 223 • Number of sets provided on arrival one/two/three/four • Frequency of providing new clothes Monthly/ Quarterly • Are these sets of same color or different colors? Same/different • Are children provided with individual lockers to keep their personal items . Yes No Other articles provided to the children: ……………………… ................................. ………………………………………………………………………………….…. ..................................................................................................................................... D. Services provided to the children: • Medical facilities/ Maintenance of Health Cards: ………………………………… ............................................................................................................................. ............................................................................................................................. • Nutrition / Special Diet: ..................................................................................... ………………………………………………………………………………… ………………………………………………………… ……………………… • Provision of safe drinking water: ....................................................................... .............................................................................................................................. • Daily Routine of Children: Time Activities / Schedule Morning Day Time Afternoon Evening Late evening/ Night • Education ( Formal Education / NFE & Life Skill Training Programme) : …………………………………………………………………………………… ………………… ………………………………………………… • Computer/ Internet/ Phone - Is the facility of Comp uter with internet available? Yes No - Is the facility functional? Yes No - Are the children allowed to use the facility? Yes No - Is the telephone for official purposes only Yes No - Are the childr en allowed to use telephone fixed timing/ as and when required - Is the number of Childline ( 1098) displayed near the phone YesNo 224 • Counseling/ Guidance services/special educator/physiotherapist, etc . provided: ………………………………………………………………………….…… … ………………………………………………………………………. …… • Vocational training: ..................................................... .................................... .......................................................................................................................... • Recreational facilities: ......................... ............................................................ ........................................................................................................................... • Linkages developed with other agencies/ departments: .................................. ......................................................................................................................... • Implementation of track the missing child programme: ................................. - Entries of children in track the missing child website: ............................... - User Id and password provided: ................................................................. .......................................................................................................... ............ • Other programmes and activities initiated: ................................................ ........................................................................................................................................... .......................................................................... ..................... E. Staff Details: S.N. Name Designation Date of Joining Attendance at the time of visit Remarks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Ex-324/2019 - 224 - - 225 - 224 • Counseling/ Guidance services/special educator/physiotherapist, etc. provided: ………………………………………………………………………….…… … ………………………………………………………………………. …… • Vocational training: ..................................................... .................................... .......................................................................................................................... • Recreational facilities: ......................... ............................................................ ........................................................................................................................... • Linkages developed with other agencies/ departments: .................................. ......................................................................................................................... • Implementation of track the missing child programme: ................................. - Entries of children in track the missing child website: ............................... - User Id and password provided: ................................................................. .......................................................................................................... ............ • Other programmes and activities initiated: ................................................ ........................................................................................................................................... .......................................................................... ..................... E. Staff Details : S.N. Name Designation Date of Joining Attendance at the time of visit Remarks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Ex-324/2019 - 226 - - 227 - 225 F. Children’s Committee / Management Committee • Formation of Children’s Committee :Yes No • Age wise formationof Children’s Committee : • Frequency of Children’s Committee Meeting: ....................................................................................................................... • Formation of Management Committee : Yes No • Date of constitution of Management Committee and frequency of meetings held: .............................................................................................. G . Record Maintenance : Staff attendance register Children attendance register Central admission register Individual case file with individual care plan Communication with CWC/JJB Children’s suggestion book Children’s suggestion box Medical file / medical cards Personal belongings register Management Committee – minutes register Children’s Committee -minutes register Nutrition / Diet File Any other record maintained Observations/ Remarks: ............................................................................................................................. Name of inspection Committee member: Signature: Name of inspection Committee member: Signature: 226 Name of inspection Committee member: Signature: Name of inspection Committee member: Signature: FORM 47 [Rule 11(5)] ORDER FOR COMMUNITY SERVICE Case No….of…20….. FIR No…….. U/S……………….. Police Station……………………… To, The District Child Protection Officer ………….. District Whereas on the ………. day of……………….20……….… (name of the child)………………….…. Son/daughter of…………………………aged…….residing at……………………..being in conflict with law under the Juvenile Justice (Care and Protection) of Children Act, 2015 is ordered by the Juvenile Justice Board ………….………………….to undergo Community Service………………………….….. (type of community service) for a period of …………… …….. This is to authorize and require you to receive the said child in your charge and make necessary arrangement for the aforesaid order to be carried into execution according to law. Given under my hand and the seal of Juvenile Justice Board. This ……d ay of……… (Signature) Principal Magistrate Juvenile Justice Board Note: Additional conditions if any, may be inserted by the Board FORM 48 [Rule 11(5)] ORDER FOR COUNSELLING FOR JUVENILE IN CONFLICT WITH LAW Case No….of…20….. FIR No…….. Ex-324/2019 - 226 - - 227 - 226 Name of inspection Committee member: Signature: Name of inspection Committee member: Signature: FORM 47 [Rule 11(5)] ORDER FOR COMMUNITY SERVICE Case No….of…20….. FIR No…….. U/S……………….. Police Station……………………… To, The District Child Protection Officer ………….. District Whereas on the ………. day of……………….20……….… (name of the child)………………….…. Son/daughter of…………………………aged…….residing at……………………..being in conflict with law under the Juvenile Justice (Care and Protection) of Children Act, 2015 is ordered by the Juvenile Justice Board ………….………………….to undergo Community Service………………………….….. (type of community service) for a period of …………… …….. This is to authorize and require you to receive the said child in your charge and make necessary arrangement for the aforesaid order to be carried into execution according to law. Given under my hand and the seal of Juvenile Justice Board. This ……d ay of……… (Signature) Principal Magistrate Juvenile Justice Board Note: Additional conditions if any, may be inserted by the Board FORM 48 [Rule 11(5)] ORDER FOR COUNSELLING FOR JUVENILE IN CONFLICT WITH LAW Case No….of…20….. FIR No…….. Ex-324/2019 - 228 - - 229 - 227 U/S……………….. Police Station……………………… To, The District Child Protection Officer ………….. District Whereas on the ………. day of ……………….20……… (name of the child) …………..……… Son/daughter of ………………………aged……. residing at ……………………….. has been found to be conflict with law under the Juvenile Justice (Care and Protection) of Children Act, 2015 and is ordered by the Juvenile Justice Board …………………………. to undergo Counselling under the Supervision of District Child Protection Officer. Thisis to authorize and require you to receive the said child in your charge and make necessary arrangement for the aforesaid order to be carried into execution according to law. Given under my hand and the seal of Juvenile Justice Board. This ……day of……… (Signature) Principal Magistrate Juvenile Justice Board Note: Additional conditions if any, may be inserted by the Board FORM 49 [Rule 11(8)] PLACEMENT OF A CHILD IN SPECIAL HOME /FIT FACILITY To The Officer in charge ……………………………….. ……………………………….. Whereas on the…………day of…………..20……., ………….(Name of the child), son/ daughter of……………………aged………..,residing at ………………………………… being found in Profile No…….. to be a child in conflict with law U/Section……………………………is ordered by the Juvenile Justice Board to be kept in the Special Home for a period of …………………………….. This is to authorize and require you to receive the said child into your charge, and to keep him in the Special Home for the aforesaid order to be carried into execution according to law. 228 Given under my hand and the seal of Juvenile Justice Board This ………………….. Day of ………………. 20…………… (Signature) Principal Magistrate, Juvenile Justice Board Enclo: Copy of the judgement, if any, or orders, particulars of home and case history and individual care plan, if any: Strike which is not required FORM 50 [Rule 18 (6)] ORDER FOR MEDICAL EXAMINATION In exercise of the powers vested in the Child Welfare Committee …………… under Section 37 of the Juvenile Justice (Care and Prot ection of children) Act, 2015, the child (name and address) …………….. ……….. age.…. d/o or s/o ……… ……….……..residing at ….………… ….Case no/profile no …………….…who produced before Child Welfare Committee … ……………dated ………. ….was placed in the care of ………………….. vide order no …………….… dated……………… .of this committee, has been identified as a child in need of care and protection and needs immediate medical examination /re -examination . It is hereby ordered t hat the said child be medically examined/re- examined by (female) Medical Practitioner under the presence of the child’s parents or any other person whom the child reposes, trust or confidence during ………………....(Period of time) Dated this …………… day of …………… . Signature Chairman Child Welfare Committee Copy to: The Superintendent, Concerned Hospital, Officer -In -Charge P/S, concerned CCI . Note : Additional conditions if any, may be inserted/Omitted by the Child Welfare Committee . FORM 5 1 [Rule 1 9(9)] ORDER FOR COUNSELLING FOR CHILDREN IN NEED OF CARE AND PROTECTION/PARENTS/GUARDIANS Case No….of…20… Ex-324/2019 - 228 - - 229 - 228 Given under my hand and the seal of Juvenile Justice Board This ………………….. Day of ………………. 20…………… (Signature) Principal Magistrate, Juvenile Justice Board Enclo: Copy of the judgement, if any, or orders, particulars of home and case history and individual care plan, if any: Strike which is not required FORM 50 [Rule 18 (6)] ORDER FOR MEDICAL EXAMINATION In exercise of the powers vested in the Child Welfare Committee …………… under Section 37 of the Juvenile Justice (Care and Prot ection of children) Act, 2015, the child (name and address) …………….. ……….. age.…. d/o or s/o ……… ……….……..residing at ….………… ….Case no/profile no …………….…who produced before Child Welfare Committee … ……………dated ………. ….was placed in the care of ………………….. vide order no …………….… dated……………… .of this committee, has been identified as a child in need of care and protection and needs immediate medical examination /re -examination . It is hereby ordered t hat the said child be medically examined/re- examined by (female) Medical Practitioner under the presence of the child’s parents or any other person whom the child reposes, trust or confidence during ………………....(Period of time) Dated this …………… day of …………… . Signature Chairman Child Welfare Committee Copy to: The Superintendent, Concerned Hospital, Officer -In -Charge P/S, concerned CCI . Note : Additional conditions if any, may be inserted/Omitted by the Child Welfare Committee . FORM 5 1 [Rule 1 9(9)] ORDER FOR COUNSELLING FOR CHILDREN IN NEED OF CARE AND PROTECTION/PARENTS/GUARDIANS Case No….of…20… Ex-324/2019 - 230 - - 231 - 229 To, ………………………………… ……………………………........ Whereas on the ………. day of……………….20……….… (name of the child/parent/guardian) …………..……Son/daughter of ……………..…………… aged ……............... residing at…………………….. being in need of care and protection/being a parent/guardian of a child in need of care and protection under the Juvenile Justice (Care and Protection) of Children Act, 2015 is ordered by the Child Welfare Committee ……………………………. to undergoCounsellingat ………………………….. under the Supervision of District Child Protection Officer. This is to authorize and require you to receive the said child in your charge and make necessary arrangement for the aforesaid order to be carried into execution according to law. Given under my hand and the seal of Child Welfare Committee. This ……day of……… (Signature) Chairperson Child Welfare Committee Copy to: District Child Protection Unit (if needed) Note: Additional conditions if any, may be inserted by the Committee FORM 52 [Rule 81(1)] TRANSFER ORDER Case No….of…20… To, Chairman, Child Welfare Committee/ Principal Magistrate, Juvenile Justice Board/ Concerned Authority (in case of foreign national) …………………………………………… District/State ……………………………………………. Country 230 Whereas a report under Section …………... of the Juvenile Justice (Care and Protection of Children) Act, 2015 has been received from …………….…..in respect of (name of the child) …………….………….. … aged……..…son/daughter of ……… ……………..… residing at ……………… who has been produced before the Committee/ Board and has been found that the child hails from a place outside the jurisdiction of the Committee / Board (District/State /other reasons )…………………..… The case is hereby transferred to the appropriate …………………………… (name of district/state/country) Child Welfare Committee/Juvenile Justice Board/concerned authority for care and protection. The necessary case file, records and document of the child is attached. This ………… day of……………. (Signature) Chairperson/Principal Magistrate Child Welfare Committee/ Juvenile Justice Board Copy to: 1) State Child Protection Society for information 2) District Child Protection Unit for information Note : Additional conditions if any, may be inserted/Omitted by the Child Welfare Committee FORM 53 [Rule 81 (1) ( a)] TRANSFER ORDER OF INSTITUTIONALIZED CHILD Whereas the ………………………. (name of the child) son/daughter of ………………………………………. aged…………….. who has been placed at …………………………………………. (name of CCI & address) vide Order no ……….. dated….…… of this Committee, for care and protection under the Juvenile Justice (Care and Protection of Children) Act, 2015 during the period of ……….. is ordered to be trans ferred to Children Home/SAA/Fit Facility ………………………………….............. (Name of CCI & Address) for a period of …………………. (year/month) for ………………………….. (state reasons thereof). This is to authorize and require the Superintendent/In -Charge of the CCI to recei ve the said childin your charge and to keep him/her in the Children Home/SAA/Fit Facility …………………………………… (name of the institution ) for the aforesaid order to be carried into execution according to law. The concerned official shall upload the details of the child in TrackChild/relevant Web portal. Given under my hand the seal of Child Welfare Committee . Ex-324/2019 - 230 - - 231 - 230 Whereas a report under Section…………... of the Juvenile Justice (Care and Protection of Children) Act, 2015 has been received from …………….…..in respect of (name of the child) …………….………….. … aged……..…son/daughter of ……… ……………..… residing at ……………… who has been produced before the Committee/ Board and has been found that the child hails from a place outside the jurisdiction of the Committee / Board (District/State /other reasons )…………………..… The case is hereby transferred to the appropriate …………………………… (name of district/state/country) Child Welfare Committee/Juvenile Justice Board/concerned authority for care and protection. The necessary case file, records and document of the child is attached. This ………… day of……………. (Signature) Chairperson/Principal Magistrate Child Welfare Committee/ Juvenile Justice Board Copy to: 1) State Child Protection Society for information 2) District Child Protection Unit for information Note : Additional conditions if any, may be inserted/Omitted by the Child Welfare Committee FORM 53 [Rule 81 (1) ( a)] TRANSFER ORDER OF INSTITUTIONALIZED CHILD Whereas the ………………………. (name of the child) son/daughter of ………………………………………. aged…………….. who has been placed at …………………………………………. (name of CCI & address) vide Order no ……….. dated….…… of this Committee, for care and protection under the Juvenile Justice (Care and Protection of Children) Act, 2015 during the period of ……….. is ordered to be trans ferred to Children Home/SAA/Fit Facility ………………………………….............. (Name of CCI & Address) for a period of …………………. (year/month) for ………………………….. (state reasons thereof). This is to authorize and require the Superintendent/In -Charge of the CCI to recei ve the said childin your charge and to keep him/her in the Children Home/SAA/Fit Facility …………………………………… (name of the institution ) for the aforesaid order to be carried into execution according to law. The concerned official shall upload the details of the child in TrackChild/relevant Web portal. Given under my hand the seal of Child Welfare Committee . Ex-324/2019 - 232 - - PB - 231 This ………………….. day of……………………..(Signature) Juvenile Justice Board/ Children’s Court/ Child Welfare Committee Enclo: Previous order/record of the child, case history and individual care plan, as applicable. Copy to: Superintendent of both CCIs & DCPO concerned FORM 54 [Rule 82(8)] ORDER OF EXTENSION OF STAY OF A CHILD IN AN INSTITUTION To, The Officer -in -Charge, ...................................................... ...................................................... Whereas on the …………………. Day of …………. 20………….. (name of the child) ………..…………, son/daughter of ……………………….aged……………… who has been placed in (name of institution with address) ……………………………………. for a period of ………………… vide Order no……….. dated….…… is ordered to be kept in the same Child Care Institution for another period of …………………….. (month/year) from the date of issue of this order for (statereason for extension) …………………………………............................. This is to authorize and require you to receive the said child in your charge, and keep him/her in (the Children Home/ Fit facility /SAA) ………………………….for the aforesaid order to be carried into execution according to law. Given under my hand the seal of Child Welfare Committee . This ………………….. day of…………………….. (Signature) Juvenile Justice Board/ Children’s Court/ Child Welfare Committee 231 This ………………….. day of…………………….. (Signature) Juvenile Justice Board/ Children’s Court/ Child Welfare Committee Enclo: Previous order/record of the child, case history and individual care plan, as applicable. Copy to: Superintendent of both CCIs & DCPO concerned FORM 54 [Rule 82(8)] ORDER OF EXTENSION OF STAY OF A CHILD IN AN INSTITUTION To, The Officer -in -Charge, ...................................................... ...................................................... Whereas on the …………………. Day of …………. 20………….. (name of the child) ………..…………, son/daughter of ……………………….aged……………… who has been placed in (name of institution with address) ……………………………………. for a period of ………………… vide Order no……….. dated….…… is ordered to be kept in the same Child Care Institution for another period of …………………….. (month/year) from the date of issue of this order for (statereason for extension) …………………………………............................. This is to authorize and require you to receive the said child in your charge, and keep him/her in (the Children Home/ Fit facility /SAA) ………………………….for the aforesaid order to be carried into execution according to law. Given under my hand the seal of Child Welfare Committee . This ………………….. day of…………………….. (Signature) Juvenile Justice Board/ Children’s Court/ Child Welfare Committee lawrelating to children alleged and found to be in conflict with law and children in need of care and protection, by catering to their basic needs through proper care, protectio n, development, treatment, social re-integration, by adopting a child friendly approach in the adjudication and disposition of matters in the best interest of children and for their rehabilitation through processes provide d, and institutions and bodies established, herein under and for matters connected therewith or incidental thereto. NOW, THEREFORE, with a view to provide for better implementatio n and administration of the provisions of the said Act in its true spirit and substance, the Governor of Mizoram in pursuance of the above said provisions and in exercise of the powers conferred by the provi so to sub-section (1) of section 110 of the Juvenile Justice (Care and Protection of Children) Act, 2015 an d in conformity with the rules framed by the Central Government under Notification No. G.S.R. 898 (E), dt.21 -9-2016, hereby makes the following rules and lays down the fundamental principles to be applied in admin istration of juvenile justice in the State of Mizoram, namely:- Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/200 Ex-324/2019

Mizoram Fire & Emergency Services (Superintendence & Control of the Fire Force & Fire Safety & Prevention) Rules, 2019

VOL - XLVIIIISSUE - 584Date - 27/08/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.B.11015/2/2014-HM(FIRE), the 23rd August, 2019. In exercise of the power conferred by Section 38(1) of the Mizoram Fire Services Act, 2013, the Governor of Mizoram is pleased to make the following rules namely:- 1 . Short title, extent and commencement. (1) These R ules may be called the Mizor am F ir e & Emergency Ser vices (Su perintendence & Control of the Fire Force & Fire Safety & Prevention) R ules, 2019. (2) It shall extend to the whole of the State of Mizoram. (3) It shall come into force with effect from the date of not ification in the Official Gazette. 2 . Definitions.In t hese Ru les , unless the cont extotherwise requires :- (1) “Director” means the Director appointed under section 4 of Mizoram Fire Services Act, 2013. (2) “Sta te Government” means Government of Mizoram (3) “Fir e fighting property” includes :– (a ) lands and buildings used as fir e stations, (b) fire engines, equipment, tools, implements and things whatsoever used for fir e fight ing, (c ) motor vehicles and other means of transport used in connection with fire fighting, and (d) uniforms and badges of r ank. (4) “Fire-Station” means any post or place declared generally or specifically by the State Government to be a Fire Sta tion which have the fa cility of accommodating personnel on duty, fire fighting equipments, fire appliances, tools and implements and other things whatsoever used in fir e fight ing. Appliance includes all fire service vehicles including ambulance. The State Gover nment may establish Fire Station at any pla ce as r equired from time to time. (5) “F ire force” means Mizoram Fire & Emergency Services personnel mainta ined under the Mizoram Fire Services Act, 2013. (6) “officer-in-charge of the fire sta tion” includes when the officer-in-charge of the fir e station is absent from the st ation or unable from illness or other cause to perform his duties, the fire officer present at the sta tion who is next in ra nk to su ch officer. (7) “prescribed” means prescribed by rules made under the Mizoram Fire Services Act, 2013. (8) “Act” means the Mizoram Fire Services Act, 2013. (9) “Building” means a house, out house stable, latr ine, ur inal, shed, hut, wall(other than boundary wall) or any other struct ure of masonry, bricks, wood, bamboo, mud, metal or other materials. VOL - XLVIII Aizawl, Tuesday 27.8.2019 Bhadrapada 5, S.E. 1941, Issue No. 584 - 2 - Ex-584/2019 (10) “National Building Code of India, 2005” means the book containing fire prevention and Life safety measures to be implemented in the buildings, places, premises, workshop, warehouses and industr ies published by the Indian S tandard Instit ute. (11) “Fire Prevention and Life Safety measures” means such measures as are necessary in accordance with the requirement laid down in the Aizawl Municipal Council, Building Regulations 2012 and Na tional Building Code of India , 2005 for the prevention, control a nd fight ing of fire for ensuring the sa fety of life and property in case of fire. (12) “Competent authority” mea ns an officer nominated by the State Government & Director in cases of Appointment and Discipline of the Force. (13) “Fir e Officer” – Any member of the Fire & Emergency Services a ppointed under the Mizoram Fire Services Act, 2013. (14) “Commission” or “MPSC” means Mizoram Public Service Commission. (15) ‘Wa rehouse’ means any building or place used, either tempor arily or permanently, for the purpose of storing, pressing or keeping bitumen, celluloid including celluloid furniture, charcoal, coal, cotton hemp, coconut fiber, gunny bags, pitch, tar, raw cotton canes, resin, straw, hay, packing boxes, varnish, wood, waste paper, infla mmable chemicals, haza rdous substances or any other ar ticles which ma y likely increase the r isk of fire. (16) ‘Wor kshop’ means a ny building or place or premises where the processing of inflammable chemicals or articles or hazardous substance (in any quantity) is car ried on for the purpose of trade or business. Explanation :- In this clause, the word “processing” means making, using, a ltering, repair ing, treating or otherwise dealing with any ha zardous substance or a rticles by means of steam, electricity, mechanical power or heat treatment. (17) “Pla ce of public gathering” means any building or pla ce or premises used, either tempora rily or permanently,for the pur pose of school, Hostel, Hotel, Restaurant, Stadium, Auditor ium, Religious ga thering & Hall where people ga thered together for a same pur pose and may likely to increase the risk of fire. (18) “Licensing Authorit y” means the Deputy C ommissioner or such officer a s may be author ized by t he State Government. Constitution of Fire & Emergency Services and its organization. 3.(1 ) Headquarters andDivision : (a)The Headqua rters of Mizor am Fire & Emergency Services shall b e Aizawl where the Office of the Director, Superintendent of Police, Additional Superint endent of Police & Depu ty Super intendent of Police, a nd Chief Fir e Officer, Deputy C hief Fire Offic er & Assistant Chief Fir e Officer (Divisional F ire Officer post) shall be set up. (b)For the purpose of these Rules, the State of Mizoram is divided into two divisions– Nor thern Division andSouthern Division. Northern Division includes Districts of Aizawl, Serchhip, Champhai, Kolasib a nd Mamit with its headquar ters a t Aiza wl. Southern Division consists of the distr icts of Lunglei, Lawngtlai and Siaha with its Headquarters at Lunglei. Each division shall be headed by Divisional Fire Officer under the close supervision of C hief Fire Officer. (2)Organisation of Office of the Director of Fire & Emergency Services (Hqtrs.):The Office of the Director of Fire & Emergency Services ( Headquarters) is divided into two wings viz, (a) Administra tive Wing & (b ) Technical Wing under which different br anches will function based on the type of works as under: – - 3 -Ex-584/2019 ( a ) Administrative Wing- includes (i)Confidential Bra nch: Deals with confidential matters, GO’s transfer & posting, leave, awar ds and disciplinary proceedings of GOs, etc,. (ii)Esta blishment Bra nch: Deals with all matters relating to non-gazetted officers and staff of ministerial staff on recruitment, promotion, transfer & posting, leave, disciplinar y matters and pension cases, Purchase and issue of stationeries (iii)Account Branch: Deals with all matters of pay and allowances, TA Bills, Contingency Bills, loans and advances, a udit objections and a ll corr espondences connected with fina ncial t ransactions. ( b ) Technical Wing – includes (i)Clothing & Equipments Branch: Deals with all matters of procurement of Clothing, uniforms and fire fighting equipments and their issue to differ ent sta tions/staff. (ii)Construction Branch: Deals with all matters relating to construction of Fire station, Quar ters buildings from planning, designing and execution; their maintenance and repa irs and also with matters connected with Fire & Emergency Services la nds. (iii)Reserve Branch: Deals with all ma tters r elating to maintenance of service books, recruitment, promotion, tr ansfer & posting, leave, disciplinary matters, training & refr esher courses under Sta te & National institutions of the Executive staff. (iv)Motor Vehicle Br anch: Deals with all matters connected with purcha se of vehicles/ Fire tender s and t heir allotment, repair & maintenance, condemnation and t heir disposal after condemnation. 4 . Strength of the Establishment : The sanctioned strength of the Mizoram Fire & Emergency Service sha ll be determined by t he Government from time to time. Those who had been appointed under Police Act for Fire Services shall be deemed to have been appointed under the Mizoram Fire Services Act, 2013 & the Mizoram Fire & Emergency Services (Superintendence & Control of the Fire Force & Fire Safety & Prevention) Rules a t the commencement of the Rules. 5 . Mode of Recruitment of Gazetted officers :The mode of recruitment of Gazetted officers shall be as specified under Rule 8. 6 . Pay and Allowances, Ranks : Rates of monthly pay and allowances admissible to var ious posts, whether the appointment is substa ntive or in officiating capa city or as a temporary measur e, shall be as fixed fr om time to time by the State Government. Consequently the ranks of each post shall b e as specified so by the State government. 7 . Supervision and Control : (1)Subject to the control and supervision of the State Government, the Director of Fire & Emergency Services shall be the head of the Fir e & Emergency Services Department of the State. (2)The Superintendent of Police, Addl. SP, Dy. SP, Chief Fir e Officer, Deputy Chief F ir e Officer & Assistant Chief Fire Officer shall work under the control a nd guidance of the Director. The Divisional Fire Officers shall wor k under the dir ect cont rol and guidance of the Chief Fire Officer, Fire & Emergency Services under the overall control and supervision of the Director. 8 . Gazet ted Officer :The State Government sha ll by notification in the Gazette appoint such competent and qualified persons from the Mizoram Police Service Officer for the Administrative Wing and persons from Mizor am Fir e & Emergency Services for Technica l Wing, the following Gazetted Officers :- - 4 - Ex-584/2019 (1)Designation/Post (Administrative Wing)(a).Director (not below the ra nk of DIGP) (b).Superintendent of Police (c).Additional Superintendent of Police (d).Depu ty Superintendent of Police (2) Designation/Post(Technical Wing)(a).Chief Fir e Officer-CFO (b).Deput y Chief Fir e Officer-Dy.CFO (c).Assistant C hief F ir e Officer -ACFO (d).Divisional Fire Officer-DFO Note: Suitable and eligible person from the rank of Divisional Fire Officer may be posted to the post of Assistant Chief Fir e Officer at Hea dquarters’ off ice. 9 . Powers and duties of Gazetted officers. (1 ) Dir ector, Fir e & Emergency Services: (a)The Director shall be in control of the entire F ire Force and shall be responsible to the State for the efficient funct ioning of the Force. He shall distribute works under Administrative Wing & Technical Wing in consulta tion with Superintendent of Police and Chief Fire Officer. (b)He shall be empowered to ta ke all such necessary steps as he may think fit under the powers given to him under the Act for protection of life and pr operty from fir e and other calamities, natural or manmade. (c)He shall personally supervise serious outbreaks of fire when the CFO or Dy.CF O or ACFO/DFO considers his presence necessary. When the Director is in attendance at a fire, he shall be supreme control not only of the Fire force but also of all other forces and essential services including volunteers from the public enga ged in putting out fires. (2) Super i nt endent of Pol i ce : He shall be incharge of the Administrative Wing in the F ire & Emergency Services. He shall distribute the works to his subordinates and supervised the works allotted under the Wing. He shall be second in command to the Director or shall ha ve equivalent staff duties. He shall be incharge of the For ce during shor t absence of the Director, if required other regular, acting or officiating arrangements may be made by the appointing author ity. ( 3 ) Additiona l Superintendent of P olice: He shall assist the Superintendent of Police and shall perform the duties of the Superintendent of P olice whenever the Superintendent of Police is out of sta tion. He shall carry out whatever duties that may be assigned to him by the Director and Superintendent of Police. (4 ) Deputy Superintendent of Police: He shall assist his superior officers in the Administra tive works in the Headquarters. He shall carr y out whatever duties that may be assigned to him by his superior officers. (5 ) Chief Fire Officer: He shall be in operationa l comma nd of the Divisions and incha rge of the Technical Wing in the Headquarters. He shall normally b e in complete command of all operations in any serious emergencies or conflagrations. (6) Deputy Chief Fire Officer: He shall assist the CFO and shall perform the duties of the CFO whenever the CFO is out of station. He shall carry out whatever duties that may be assigned to him by his superior officers. (7) Assistant Chief Fire Officer(HQRS.): Divisional Fire Officer posted to the post of Assistant CFO at the Headquarters shall assist his superior officer in the operational as well as technical wor ks in the Headquarters. He shall carr y out any duties assigned to him by his superior officers. - 5 -Ex-584/2019 ( 8 ) Divisional Fire Officer: The Divisional Fire Officer shall be supervising officer of Fire Stations/Sub-Fire Stations under his Division. Being the field officer, Divisional Fir e Officer shall closely supervise the works at Fire Stations/Sub F ire Sta tions. He shall also ca rry out any duties assigned to him by his superior officer. He shall give any important r eports to the superior officer at H eadquar ters regarding emergencies as well as development of Fire Sta tions, etc under his jurisdict ion. (9)The Technica l Wing will fu nction under the charge of Gazetted officers posted from Mizoram Police till such time eligible persons for the posts of CFO, Dy.CFO, Asst.CFO & DFO are ava ila ble f rom the Fir e Force. 1 0 . Non-Ga zetted Officers/Sub-ordinate Officers :The State Government or any officer specially empowered in this behalf b y the State Government, shall appoint such person or persons as per the procedure pr escribed, to the posts of; (1)Station Officer(ST O):He shall be Officer Incharge of Fir e Sta tion or bra nch wher e he is posted. Being the field officer, he shall closely supervise the works at Fire Station/branch. He shall also carry out any duties assigned to him by his superior officer. He shall give any important reports to the sup erior officer at Headquarter s rega r ding emergencies as well as develop ment of F ire Stations, etc under his jurisdict ion. (2)Sub - Officer (SO):He sha ll be next in command to Stat ion Officer (S T O) or incha rge of a Fire Station or branch where he is posted. He shall be responsible for maintaining the discipline and efficiency of his staff posted to the Station or bra nch. (3)Leading Fireman (LFM):He shall be responsible for the duties mentioned at Rule 41. (4)Driver Operators,(D/Opr.)Grade I, II , III & Special Grade :He shall be responsible for the duties mentioned at Rule 42. (5)Mechanics Gr ade II, I and Head Mechanic:He shall be resp onsible for the proper maintenance and repair of Fire Tenders, other vehicles and equipments and any other duties assigned to him by his superior. (6)Fireman (FM):He sha ll be r esponsible for the duties mentioned at Rule 43. (7)Ministerial staff and IV Grade - as applicable in Mizoram Police Department. 11. Central Store :There shall be a Central S tore under the Clothing & Equipment branch in the Fire & Emergency Services Headquarters in addit ion to a nd independent of the clothing stor e. All Fire Fighting equipments and spare pa rts including those newly supplied a nd received ar e to be stored.The Central Store shall be under the charge of an officer of the rank of a Station Officer (ST O) who will maintain Stock Register for new parts, articles and other equipments. Registers shall be kept separately for : 1)First Aid Equipments, Fire Extinguishers and Refills. 2)Spar e parts for Pumps and Fire Engines. 3)Oil a nd Lubricants 4)Personal Pr otective Equipments 5)Clothing and other uniform items. 6)Arms and Ammunitions, if held. 7)Miscellaneous articles. 1 2 . Workshop :There shall be a Repairing Workshop under the Motor vehicle Bra nch where repairing of equipments of different types could be carried out including fir e engines a nd other vehicles pr ovided facilities a re made available. The workshop will be headed by the Officer-in-Charge of the Central Stor es and he will be assisted by as many Mecha nics and other staff a s required. - 6 - Ex-584/2019 RECRUITMENT, PROMOT ION AND TRAINING General R u les 13. (1)T he recruitment to various ranks in Fire Service under section 4, 5 and 6 of the Act shall be made in accordance with the relevant recruitment rules notified by the Government from time to time. ( 2 ) General eligibility and conditions for recruitment:For appointment to any rank in the State Fire & Emergency Services personnel, a person – (a ) shall be an India n citizen; (b) shall not have more than one spouse living provided that the State Government of Mizoram may, for sufficient reasons, relax this r estrict ion; (c ) shall be of sound health, physically and mentally. Persons with knock-knee, varicose vein, flat foot or any physical deformities as to hamper perfor mance of duty s hall not be eligible for recruitment. (d) shall be of good mora l character; ( e) shall be within the prescribed age-limits; provided that the upper age limit shall be relaxable in case of ex-service personnel as per instructions issued by the S tate Government of Mizor am fr om time to time; (f) shall posses the minimum requisite educa tional qualification prescribed; (g) shall be at the minimum of a height of 168cm and of chest measurement of 84cm at the normal and 89cm when exp anded. However, for ca ndidates belonging to Scheduled Caste/Scheduled Tr ibe whose average height is distinctly lower, the minimum of height shall be of 163cm with a minimum of chest measurement of 79cm at the normal and 84cm when expa nded. In r espect of female candidates the minimum height shall be 157cm with minimum weight of 45 kg. Where the Director is of t he opinion that any person possessing special s kill or qualification as to be specia lly useful to the Force, he may, by order and for good and sufficient reason to be recorded in writing, marginally relax this provision in respect of such person. (h) Candidate shall be able to read and write in Mizo. Candidates whose mother tongue is not Mizo shall have to qualify through an examination in Mizo language (level of examination shall be that of Middle School Leaving Certificate Examination) in addition to whatever other tests may be prescribed or shall have the knowledge of Mizo language upto the level of middle school standard. (i)Shall qualify in the Physical Efficiency Test, Medical Test and Written Test as prescribed by the State Govt. from time to time. Explanation: (1)For the pur pose of clause (d) above, a certifica te of character from the head of the institution last attended shall be pr oduced; for clause (e) the birth certifica te or High School Leaving certificate or other documentary proof is indispensable; and for clause (f) cer tificate of passing the prescribed exa mination granted by the competent educational authority shall be produced. (2)In all direct r ecr uit ment s, cer tain p ercenta ge of post s s ha ll b e r eser ved for t he Scheduled Tribes and Castes a nd such other categories as may be decided by the State Government of Mizor am fr om time to time. (3)The Director, Fire & Emergency Services shall constitute a Recruitment Board by appointing suit able board Chairman & members from the Fire Service and other relevant and concerned Depa rtments/units, if required, to condu ct the screening for r ecruitment of Fire service staff. However, all cases of recruitment, whether by direct recruitment or by promotion or by depu tation or transfer sha ll be made as per the recommendation of DPC duly constituted. (4)All directly recruited persons for all ranks in the Mizor am Fire & Emergency Services s hall undergo their respective Initial/Basic Training course in the recognized Tra ining Institutions/ school/college during their probationary per iod. - 7 -Ex-584/2019 14. Appoint ment of children of serving or r etired F ir e & Emergency S ervices personnel:Everything being equal, the childr en of serving or retir ed Mizor am Fire & Emergency Services personnel may be given prefer ence in all direct recruitments. 1 5 . Two modes of appointment:Appointment to the Fire force is made by direct recruitment thr ough open advertisement or by promotion from the existing ranks. All Firemen, Grade-III Driver & Mechanic Grade-II are directly appointed fr om open recruit ment, while Sub- Officers & S tation Officers are appointed through open recruitment and by promotion. Appointments to a ll other ranks are made by promotion. 16. Preservation of Records:All the documents connected with competitive examinations for appointment or promotion and examination at the end of r ecruitment/Promotion Course including the answer scripts, physical measurements, marks obtained in the Physica l Efficiency Test, etc., shall be preserved for 6 (six) months from the declaration of the Selection List after which they shall be dest royed except the final result of successful candidates with their mar ks which are needed for gradation of seniority. 1 7 . Probation:Directly Recruited Officers: All directly recr uited officers shall be on probation for a period of two years aft er they complete the ba sic cou rse and practical training, if any. T he period of probation may be extended for another two years for good and sufficient reason to be placed on record. The probationer who fails in any subject at the examina tion held at the end of the basic cour se shall be given two more chances to appear. Failure to pass even after such opportunities s hall result in discharge from service as unfit. 18 . Verification of Character and Antecedents:The candida tes whose names figures in the selection list shall fill up a prescribed form for verification of chara cter and antecedents a nd submit it to the concerned Superintendent of Police of the district where he is a r esident. The Superintendent of Police shall cause enquiry as to the candidate’s antecedents, both political and cr iminal, through the District Special Branch a nd the Officer -in-Cha rge of the Police Sta tion concerned. The verifica tion report shall be su bmitted within one month or stipulated time to the Appointing Authority. Those who have found involved in any political or criminal case from the verification should be treated as unsuitable candidate for the different posts under F ir e & Emer gency Services, Mizoram. 19 . Training of Gazetted & Non-Gazetted Officers:(1)For the following professional courses run by the National Fire Service College, Nagpur officers of r espective rank or those of the next lower rank on the promotion zone shall be depu ted. (a ) Divisional Officers’ course(DO Course) (b) Station Officers’ course (STO course). (c) Sub- Officers’ course (SO course). (2)The newly recruited Firema n and Dr ivers will be sent to Regional Training Centre of Assam, Sila , Guwahati for Elementary Fire Fighting & Basic Training Course after arranging seats in the Training Centre with the Director, St ate Fir e & Emergency S ervices of Assa m, Guwahati or a ny other recognized institutions for the courses s hown below: Courses: Mechanic, Fir eman & Driver: Elementar y Fire Fighting & Basic Training Course. (3)The newly r ecruited Sub- Officer s & Sta tion Officer shall be sent t o undergo the appropr iate cour se at t he National Fire Service College, Nagpur/ Regional Training Centre under National Fire Service College, Nagpur. - 8 - Ex-584/2019 20 . Elementa ry Fire Fighting Training School : (1)The State Government ma y establish an Elementary Fir e Fighting Training School for Mizoram Fire & Emergency Services at any suitable place. Any one of the Divisional F ire Officers, Fire and Emergency Services sha ll be ex-officio and head of t he School assisted by personnel of Fire & Emergency Services and Ministerial Staff as required. (2)once established the Elementary Fire Fighting Tra ining S chool should conduct the following Refr esher courses of training.Course Duration (i)Refresher Course for Station Officers and Sub- Officers.-10 weeks (ii)Refr esher Course for Leading Fireman a nd Firemen.-8 weeks (iii)Refresher course for Mechanic/drivers.-4 weeks DISCIPLINARY AND CONDUCT RULES PUNISHMENT & REWARD 21 . Disciplina ry Author ity:(1)Any disciplinary proceeding against any officer shall be instit uted as per the provision of CCS(CCA) Rules and in accordance with the notification issued by the Government from time to t ime. (2)In r espect of any petty offences committed by members of the for ce, minor punishment in the form of correctional measures can be imposed upon such offender for the maintenance of good discip line in the Fir e station level which shall not be taken into account in the service record as given in the table below Power of Minor Punishment Chart. RankPunishing AuthorityPunishmentMax. periodRemar ks Leading Fireman &SP/CFOPunishment drill/ Not more than No appeal Firemanextra-duty/10 daysor review fatigue dutylies a gainst Leading Fireman &Addl. SP/Dy. CFO-do-Not more thanorder of Fireman8 daysminor Leading Fireman &ACFO /Dy.SP/DFONot more than punishment Fireman7 days FiremanSTO/SO or Officer-do-Not more than Incha rge of F ire Station.5 days NB: For Driver Operators and Mechanics, punishment chart will be same as their respective counterparts/equivalent ranks in the table-I & II above. 22 . Rewards : (1)Rewards are given for performance of duty which is of higher quality than an adequate discharge of r esponsibility or completion of duty. Doing of one’s duty is expected of every Fire Officer and such execution of one’s duty does not warra nt a reward. However, a satisfactor y discharge of one’s responsibility consistently over a long period of time surely deserves a reward. (2)The quantum of reward sha ll depend on t he degr ee of excellence of the performance, the level of difficulty or a rduous nature of the work, the length of time and perseverance r equired and many other factors which may be different in each case. (3)Reward, being recognition of good work done, acts as an incentive and an encou ragement for further good work. Hence, it must be given promptly for maximum impact. - 9 -Ex-584/2019 (4)The common tendency to gr ant rewards liberally to those who a re in physically close proximity to senior officers and in a position to ask for it should be resisted by any officer worth his salt. (5)A system needs to be evolved so that the cases of those serving at sta tions away from the Headquarters and not in contact with the officers at higher level ar e equally cons idered; and that the reward should, in no case, appear to be a payment to favourites. (6)The reward should be fair and it should appear to be fair at all costs. (7)A Reward ma y be a monetar y rewar d or a commendations or appr eciations. Under Officers and Firemen are nor mally given monetary rewards while commendations or appreciations are given to Subordinate Officers and Gazetted Officers. It has become common to give monetary rewards to Non-gazetted Officers and even to Gazetted Officers. Appreciations of wor k of Gazetted Officers a nd Non-gazetted Officers should more appropriately be recorded in the Annual Confidentia l Repor ts. Letter of Apprecia tion does not give complete perspective of the officer ’s good or bad points. Under Officers being commended or highly commended stands at a different foot ing. 23. Rewards in pursuance of previous offers: (1)Dir ector, F ir e & Emergency Services and SP/Chief Fir e Officer are empower ed to make an offer of rewards .The amounts that they can offer are subject to the limits set by the State Government from time to time. (2)Rewards which have been previously offered may be given to a Fire Officer or to a n outsider, but it shall not be given to a Fire Officer whos e ordinary duty is to perform the task for which the reward was offered. A Government servant is eligible to receive such rewards. 24. Rewards without previous offer: (1)The officer s mentioned in the foregoing paragra ph are authorized also to grant rewards to any member of t he Fire Service force for work done within the cou rse of his duties when the work, in the opinion of the officer gr anting the rewa rd, is of such except ional merit or of such an arduous or peculiar nature that it justifies a special award. Such reward shall be subject to the limits of a mount fixed by Government from time to time. Rewards to Ga zetted Officers may be given by Director of Fire & Emergency Services only. (2)Rewa rd may, within the limit mentioned above, be granted also to private persons for assisting the Fire officer in their duties, when the assistance given is, in the opinion of t he officer granting the reward, of such a nature as to justify such a reward. 2 5 . Reward subject to bu dget pr ovision:Gr ant of any cash rewar d is subject to the condition that funds are available in the budget of the officer empowered to grant reward. 26 . Reward from private person or corporate body:Receiving of rewa rd fr om priva te persons or corporate body requires approval of the Director F & ES who ma y sanct ion the accepta nce by Fire Officers rewards in cash or kind offered by private per sons or corpora te bodies for detection of crime or for other good work, provided the value in each case does not exceed the limit fixed by him. The reward shall be apportioned by the Director, Fire & Emergency Services on the recommendation of t he Divisional Fire Officer or Dy. Chief Fire Officer through the Chief Fire Officer. 27. Power of granting rewards: (1)The Director shall be competent to grant a reward upto Rs. 2,000/- and the SP/CFO of Fire & Emergency Services upto Rs. 1,000/- (2)The Director shall also ha ve power to sanction reward upto Rs. 2 ,000/- to civilian who had shown outstanding performance in the cou rse of the fir e fighting. - 10 - Ex-584/2019 2 8 . Service Meda ls:The Director, Fire and Emergency Services shall make recommendation for President’s Fire Service medals for Gallantry, distinguished and meritorious service in consulta tion with SP/Chief Fire Officer, Fir e and Emergency Services. 29 . Unifor m & Rank Mar kings: ( 1 ) Uniform & Rank marking for Gazetted officers:The uniforms and rank markings for Gazetted officers in the Mizoram Fire & Emergency Services shall be as per prescr ibed by the Rules. The officers deputed from Mizoram Police shall wear uniforms prescribed by their own respective cadre/parent Department. (2 ) Rank markings for Fire and Emergency Services Officers: Sl/noRa nk Badges of RankRemarks Grade- III – No rank badge Grade- II-2" dia meter thr ee sp okes steering wheel made out of white metal worn on the right sleeve half way between the shoulder and the elbow. Grade- I - 2 " diameter three spokes steering wheel made out of white metal worn on the right sleeve half way between the shoulder a nd the elbow and One white stripe just below the st eering wheel1 DirectorCross sword & baton with Ashoka emblem made out of white meta l worn on both shoulder straps. Woolen maroon band with badge on Kha ki Peak cap and Maroon Georgette patches on collars.Director may wear the specified uniforms or as per his own ca dre, depending on his own choice 2 Chief Fire OfficerLarge impeller 1" in dia. in a semi-circular wreath surmounted by t wo small impeller of ¾ ” dia. placed one above the other, made out of white metal worn on both shoulder straps(in case of S election grade the lar ge impeller 1" in dia. in a semi-circular wreath should be sur mounted by thr ee small impeller of ¾ ” dia.) 3 Dy. Chief Fire OfficerLarge impeller 1" in dia. in a semi-circular wreath ¾” surmounted by one small impeller of ¾” dia. ma de of white meta l worn on both shoulder str aps. 4 Asstt. Chief Fir e Officer & Divisional Fir e OfficerLarge impeller 1" in dia. in a semi-circular wreath ¾” made of white metal worn on both shoulder str aps. 5 Station Officer Three small impellers ¾” in dia. made out of white metal placed one above the other worn on both shoulder str aps. 6 Sub-OfficerTwo small impellers ¾” in dia. made out of white metal placed one above the other worn on both shoulder str aps. 7 Leading FiremanOne small impeller ¾” in dia. made out of white metal wor n on both shoulder straps. 8 FiremanTwo white stripes worn on the right sleeve half way between the shoulder and the elbow after successful completion of Elementary Firefighting & Basic training course and on completion of proba tion per iod. 9 Driver Operator Grade- III, II, I, & Special Grade - 11 -Ex-584/2019 ( 3 ) Rank Markings for Fire Helmets:Colour of Helmet for Station Officer & above will be White while for Sub Officer & below will be yellow. Sl/no Ra nkBadges of Rank 1.DirectorOne 1" red band touching the peak with another ½” band ¾” above the first band. 2.Chief Fir e OfficerTwo ½” red bands a round the helmet, one band touching the peak and the other ¼” above the first band. 3.Dy. Chief F ir e OfficerOne 1" red band ar ound the helmet touching the peak. 4.Asstt. Chief Fire Officer, Divisional One ½” red band ar ound the helmet touching the peak. Fire Officer & Station Officer 5.Sub Officer & BelowColour of the Helmet will be yellow with black band ar ound the helmet touching the peak. (4). Shoulder Title & Cap Badge : (i)Shoulder tit le/badge : Tota l length to be 4cm and height 1.3cm with the letters F.E.S. 1.3cm high equa lly spa ced with dots in between. The shoulder badges will be wor n with uniforms by all the staff of Mizoram F ire & Emergency Services. (ii)Cap Badge : Eight pointed star surmounted by laurel wr eaths pointed upwards, the top point of the star being supp or ted by the St ate Emblem the centre cir cle of the s tar shou ld bear the let ters F.E. S. The badge should have a height of 2 ¾” and width 2 ½”. For Director: It should be embr oidered with silver thread on the ba ck ground of maroon woolen superior cloth wit h woolen maroon band and maroon geor gette patches on collars. For C hief Fir e Officer to Divisional Fir e Officer: It should be embroidered with silver thread on the back ground of maroon woolen superior cloth. For Station Officer & below : Only cap badge for Peak cap & Beret cap. (iii) Lanyard used by Mizoram F ire & Emergency Services personnel shall be of Mar oon Colour. Total length 38" when opened up, of which 20" shall be flat plaitedand made upto a loop to go r ound the shoulder. The r emaining 18" to be round plait ed with white metal strap hook at the free end to secu re the thunder bolt type whis tle. Special Gra de - 2" diameter three spokes steering wheel made out of white metal worn on the right sleeve half way between the shoulder and the elbow a nd two white str ipesjust below the st eering wheel Grade-II - One metal bar ½” wide and 1½” long with a semi- circular cross-section with flat bottom surface and round surface on the top made out of white metal to worn ½” from the bottom end of both shoulder str aps. Grade-I – One meta l bars ½” wide and 1½” long with a semi- circular cross-section with flat bottom surface and round surface on the top made out of white metal to worn ½” from the bottom end of both shoulder straps and one white stripe worn on the right sleeve half way between the shoulder and the elbow. Head Mechanic - One metal bars ½” wide a nd 1½” long with a semi-circula r cross-section with flat bottom surfa ce and r ound surface on the top made out of white metal to worn ½” from the bottom end of b oth shoulder straps and two white str ipes worn on the right sleeve half way between the shou lder and the elbow. 9 Mechanics Grade-II, Grade-I and Head Mecha nic - 12 - Ex-584/2019 (iv)Beret Cap/Peak Cap: Beret cap for all ranks shall be of maroon colour. Peak cap for Sub- Officer and above shall be of Kha ki serge superior with cloth peak, a nd Brown leather strap for Divisional F ire Officer & a bove whereas black lea ther strap for Station Officer and below. Wearing of b eret cap for non-opera tional working dress being optional for Sub- Officers and above. (5)List Of Uniform Items Etc, Life & Scale will be as per First Schedule. (i)The orders of dress es for various occasions for Mizoram Fire & Emergency Services personnel may be ma de from time to time by the Director, Mizor am Fire & Emergency Services with appr oval fr om the State Government. (ii)The type, scale and life of uniforms shall be revised from time to time by the Director, Fire & Emergency Services with approval fr om the State Government. It shall however be a llowed in mind that t hePersonnel P rotection Equipments may get damaged in course of fire fighting and rescue operations, such damaged items shall be fully replaced without cost after proper condemnation. (iii)The specifications of uniforms for Mizoram Fire & Emergency Services personnel shall be r evised by the Director if and when necessar y after obtaining due approval from the State Government. (6) Car Flags for Officers: DirectorFlag made out of blue black blazer cloth with dimension shown in the box for use on bonnet SP/CFOFlag made out of blue black blazer cloth with dimension s hown in the box for use on bonnet 30. Ministerial Staff: (1)The Ministerial St aff posted to the office of the Director, F ire & Emergency Services shall be headed by a n officer of the rank of Inspector (Ministerial) of Police and a ssisted by as many staff as required till such time new posts for ministerial staff are created by the government and the sanctioned strength shall be determined by the government from time to time. (2)The nature of funct ion and responsibility of Ministerial staff posted to Fire & Emergency Services sha ll be t he same as that of the office of the Superintendent of Police of a district or as the directions/instructions made by the Director from time to t ime. 3 1 . Corr espondences and Recor ds:The system of handling corr espondences, ma intenance of records including service sheets, the Organisation of the office including that of Account Bra nch and the system of handling cash and the Reserve Bra nch shall be the same as tha t of the present usual practice. T he Director sha ll revise the system if and when necessary as per Govt. r ules & r egulations, i f a n y. 32. Service Book: (1)As soon as a newly recruited non-gazetted Fire & Emergency Services Officer joins his duty, a Service Book in the prescribed form shall be opened for him by the head of the office. Every incident which affects his service shall be entered in it. The chief object of maintaining the Service Book is to form a detail record of the history of the officer ’s service and professional career in the Fire & Emergency Services and also to have a record from which pension and gratuity papers can be prepa red quickly. - 13 -Ex-584/2019 (2)In a ddition, a personal folder containing attested copies of service pa rticular s duly paginated of each individual sha ll be maintained under the personal custody of the officer next higher in the rank to the head of office this will serve the purpose of duplicate service book in case of loss of S ervice Book or doubtful entr ies. (3)Service records must be eventually computerized after which the personal folder may be filed along with t he main Service Book which must be retained and kept up-to date. (4)All informa tion about the officer, his full address, parenta ge, date of birth (both in words and in figure), height, identifica tion mark etc. shall b e entered in the relevant page, and the signa ture as well as the impressions of his thumbs and fingers of the both hands taken in the same page. Deta ils about the officer ’s previous service, if any, s ha ll als o be entered with care. All other incidents of service which are necessary shall be entered as they occur, and the entries initialed by a Gazetted officer. The following instr uctions shall be specia lly noted: - (a)Promotion - Against all acting promotions, it sha ll be clearly specified as to whether the said promotions were against substa ntive or tempor ary vaca ncy. (b)Gr ant of a ny rewar d sha ll be entered with the a mount gr anted. A br ief note of the reason for such reward and the reference number of the order sha ll be added. (c)Punishment - All punishments sha ll be entered quoting the number and date of order and the quantum and the reason for punishment. Any conviction in a criminal cou rt with the section of the Act and the Punishment inflicted shall also be entered. (d)Leave - The nature and dur ation of the leave act ually enjoyed shall be noted. The details of t he lea ve sha ll be entered in the ‘Lea ve Ledger ’. (e)Posting - A brief record of different postings showing date of joining and date of relinquishing the same should be entered. (f)Training - Record of training courses a ttended and the result, or if the training was refu sed, the reason ther eof sha ll be entered. (g)Any other point worth recording, as deemed by the Head of office. 3 3 . Annual Verification of Service:The service Books shall be strictly maintained up-to-date. For this purpose, a permanent diary in the manner of Office Order Book, etc., shall be maintained in each office of all heads of office with one or more pa ges for every single day and the year. When non- gazetted Fir e & Emergency Services personnel are recruit ed, his name shall be entered on the page corr esponding to his date of joining. The diary shall be examined daily by the officer in charge of the Reserve Bra nch. The service books of all officers and men whose names appear on that date shall be scrutinised and the entries relating to the preceding twelve months checked, so that no increment, efficiency-bar, reward, reduction or recovery may escape recording. The Service Books shall then be put up to Superintendent of Police/Chief Fire Officer who, after sa tisfying himself that they ar e in order, shall sign t he diar y as well as S ervice Book with the endorsement Service verified for the year so and so. 34. Rules for disposal of Service Books : The following rules shall regula te the disposal of Service Books. (1) The Service Book of an officer who retires before qualifying for pension or gra tuity ma y be made over to him, if claimed within a year from the date of his retirement. If not claimed within that period the Service Book should be destroyed. (2) The Service Book of an officer who dies while employed under Government may be made over to his heirs, if an application be received within three years from the da te of his death. At the end of that period, the Service Book should be destroyed. (3) The Service Book of an officer who has been dismissed or removed from the service of government should not be returned. It should form a pa rt of t he record of the proceedings for dismissal or removal, and be destroyed with the record after the period fixed for retention expir es. - 14 - Ex-584/2019 (4) The Service Book of an officer retiring on a pension or gratuity shall be retained with his pension-papers. 35. Annual Confidential Report:The system of initiating, reviewing a nd accepting the Annual Confidentia l Reports for F ire & E mergency Services officers shall be made by the Dir ector a fter obta ining due appr oval fr om the State Government. 36. Inspections: (1)The Chief F ire Officer, Fire & Emergency Services should inspect thor oughly a ll the Fire Stations and Sub-Fire Stations once a year and the Deputy Chief Fire Officer, Fire & Emergency Services should inspect thoroughly all the Fire Stations and Sub- Fire Stations falling within his jurisdiction once in a half year. The Divisional Fire Officer should inspect Fire Stations/Sub- Fire stations as fr equent as possible or as per instructions given by the Dir ector or Chief Fire Officer. However, it should be ensured t hat the inspections of Chief Fire Officer and the Depu ty Chief Fir e Officer are not carried out at the same time or too close to each ot her. Among others, the Inspecting Officers should look into the standard of preparedness of the Fire Station to respond to emergency calls, the state and efficiency of equipments, the communication system, the condit ion of fire engines a nd pumps, conditions of living quar ters and grievances of the sta ff, if any. (2)The Superint endent of Police/Chief F ire Officer, Fire and Emergency Services shall also inspect his own office thoroughly once a year as well as other offices under Fire & Emergency Services as and when the Director directed him to inspect a particular office. (3)The Director, Mizor am Fire & Emergency Services s hould inspect the office of S P/Chief Fire Officer, once a year and a t least two Fire Stations in one calendar year. (4)The Inspection Notes shall be submitted to the controlling officer for taking further necessary action. 3 7 . Communication:In addition to Telephone, Wireless Communication facilit y must be provided to Fire & Emergency S ervices with a set installed to each Fire Engines with a Control established at the Fire Station/Headquarters Office for the purpose of calling for reinforcement or for reporting situations obta ined at the fire ground. 38 . Fir e Sta tion, Routine Works and Duties of var ious ranks : ( 1 ) Definition: A Fire Sta tion shall have the fa cility of accommodating personnel on duty, fire fighting equipments, fire appliances, tools and implements and other things whatsoever used in fir e fight ing. Appliance includes all fir e service vehicles including ambulance. The State Government may esta blish F ire Sta tion at any pla ce as r equired from time to time. ( 2 ) Loca tion of Fire Station Building: It is utmost importance that Fire Station building s hall be located at a convenient centra l place. Location of the Fire Station building is a n impor tant fact or cont ributing to the opera tional efficiency of the fir e fighting system. Further the building has to be designed in such a manner that the men with the Fire engine vehicles and other appliances can respond to fire ca lls with the least loss of t ime and move off to any direction without any hindra nce. (3)The minimum dimension for one appliances Station for each of a Fire Station shall be – (a) Appliances room/Garage - 30’x10’x14’ high (b) Officer’s r oom - 120 sq. ft. (c ) Watch room/ Duty r oom - 120 sq. ft. (d) Fire Fighting Equipment S tore - 130 sq. ft. ( e) Recr eation/ Rest r oom - 120 sq. ft. - 15 -Ex-584/2019 (f) Petroleum, Oil and Lubricants Store - As per requirement (g) Water storage – 5000 gallon capacity. (h) Barrack - An area of 8’ ft. x 5’ ft. per person for the total nos. of person on duty at a time. (i)Sanitary fa cilities at the scale of one lavatory and one bathr oom for every 5 persons on duty at any time subject to a minimum of 1 set. (j)Facility for drying of hoses (k) Drill ground - 200’x50’ (l)Staff quarters - Residential accommodation sufficient for all Fire Service Staff posted to the Sta tion should be provided. (4)Officer in-charge of Fire Station may be Station Officer or S ub-Officer or Leading Firema n in absence of both St ation Officer and Sub - Officer. ( 5 ) Strength of Fire Station: Strength of staff for a Fire Station should be fixed by state Government keeping in view the numbers of Fire appliances (Fire Vehicles) provided for the station and nos. of duty shift to be adopted. 39. Duties of Officer-in-Charge of Fire Station: (1 ) Executive Duties: (a ) He shall be ready a nd available for any duty at any time. He ma y be ca lled upon on emergency or by his superiors to perform and to keep his superiors informed of all matters coming to his knowledge, affecting either his own station or general business of the Fir e & Emergency Services. (b) He shall obey implicitly all lawful orders of his superiors and exact the strictest obedience and civility from those serving under him, to devote the whole of his time and attention to the Fire & Emergency Services and set an exa mple to his men and lead his men. (c ) He shall ta ke charge of and be responsible for a ll appliances, stores, equipments, etc., issued to his Station and on taking over charge, submit a report to his superiors as to the corr ectness or otherwise of such a rticles taken charge of. He should submit a requisition to his superiors for the r equirements of his St ation as necessary. (d) He shall ensure that all a ppliances and equipments are properly maint ained a nd are kept in t horough working orders; and that all applia nces ar e always in a ready condition to resp ond to fire & emergency ca lls. ( e) He shall instruct and drill all men under his charge in the use and maintenance of fire appliances and equipments. (f) He shall hold a muster parade for the inspection of uniforms, clothing, boots and equipments a t least once in two months to see that the men keep themselves and t heir clothing in a clean and good condition and to report shor tage, if any to his superiors. The inspection of uniforms and equipments should be carried out periodica lly. (g) He s ha ll ens ure tha t roll c all is done a t such times as fixed by the Hea dquarters, Fire and Emergency Services. (h) He shall ensure prompt and proper attendance of fire appliance and men. He should carr y out surprise checking of tur n out a t odd hours at least once a month. (i)He shall ensure tha t his Station Time Clock is checked with time clock or time signa l at least twice a day at proper intervals. (j)He shall see that the Fire Service personnel pla ced on station duty are properly dressed and are acquainted with their duties. (k) He shall see that the fire pumps u nder his char ge have water pa ssed thr ough their pumps at least once every week. This only refers to cases where a fire pumps has not otherwise been used during the above period. - 16 - Ex-584/2019 (l)He shall report at once to his superior Officer and Police Station concerned, damage or casualty ar ises out of fir e incident or any other disaster. (m) He shall keep himself and his staff acquainted wit h the water supply within the area under his charge. In cases where fire hydrants a re provided, it shall be his duty to see that he and his staff examine all the hydrants falling within his jurisdiction periodically as may be fixed from t ime to t ime. (n) He shall make himself and his staff acqu ainted with the network of communication syst em tha t may be exist in the service. (o) He shall ma ke himself and his sta ff acqu ainted a s far a s possible with the topography of his areas as well as fire risks in such areas. (p) He shall maintain all Registers, Log book, Occurrence Books, Attendance, Roll etc., up- to-date and to submit all Return and Statement including Pay Roll of his staff to his superiors every month. All fire and special services r eports shall be submitted by him within 48 hours of the occurrence Sundays and holida ys being exempted. (q) Any officer -in-cha rge of a Fire Station shall immediately on receipt of information of the occurrence of a fire, turns out unit s to the place of occurrence and sha ll take all necessary st eps to extinguish the fire expeditiously. (2 ) Administrative Duties: The Officer-in-Char ge has to devote a considerable time for the normal office work, which befa lls him in execution of his duties. These may be summa rized as follows: - ( a ) Wr iting of Reports: Reports have to be submitted to the Director, Fire and Emergency Services, regar ding personnel of his Station in respect of sickness, leave, absence, etc., for his records and for taking necessa ry action on them as ordered; and if possible, getting replacement, where no leave reserve is p rovided. Monthly reports on Petroleum, Oil and Lubricants consumption and Fir e Statistic / Activities repor t etc. shall be submitted within the first week of a month. He has to submit reports any case of delinquency and also the good work of his men so that disciplinary act ions can be taken or given rewards. Every report should give full details based on fa cts. ( b ) Occur rence Books: This is the most importa nt of a ll Registers a nd Books mainta ined at the Station. This will replace the pr actice of keeping General Dia ry. This book will cont ain all entries relating to a ppliances, personnel, fires etc., a nd in fa ct, this serves as a continuous histor y of the Fire Station for ever y day a nd it is accept ed by a ll courts of law as such. The Occurrence Books is usually written by the mobilizing officer or the watch room operator, as the case may be but is to be checked and signed by t he Officer- in-Charge at the end of each da y’s entry. The Occurrence Books will be opened at 0900 hrs and closed at 0900 hrs at the next day. Copy of Occur rence Books/records for each day will be submitted t o the Director, Fir e & Emergency Services as p er pres cribed f or m. ( c ) Hose Register: A Hose Registers (a llotting a page for each hose) or a hose card in a pr escribe form should be maintained for a ll the hoses a vailable at the Station and complete histor y of the hose shown therein. This history will be essential when it has got to be recommended for condemnation. ( d ) Fire Reports: For all tur n out t aken, it is imperative that a fire reports is submitted by the Officer -in- Char ge of a Fire Station. The category of fire should be classified as follows: - (i)Small fire – For loss upto the value of Rs. 10,000. (ii) Medium fire – For loss between the value of Rs. 10,000 and Rs. 50,000. - 17 -Ex-584/2019 (iii) Serious fire – For loss above the value of Rs. 50,000 or where any life has been lost. The fire reports in a prescribed form should be submitted to the Director, Fire and Emergency Services through the Divisional Fire Officer, and keeping an office copy with him. In the event of fire incident being attended by members of the Force, the Chief F ir e Officer, F ir e and Emergency Ser vices or Officer-in- Cha rge of the F ir e Station shall issue a fire attendance certificate in a prescribed form specified by the Director, F ire & Emergency Services to the owners of property so affected by the fire on receipt of a pr oper a pplication. ( e ) Ca r Diar y: Car Diary should be maintained for all the appliances and pumps a ttached to the Fire Station. Every movements or work done should be entered there in and initialed by the Officer-in-C harge a t the end of the day. This book will furnish a complete history of the vehicle, pumps such as the date of purchase, the date it has been put into commission, the various movements, the place where it has worked etc. ( f ) Stock Register: Stock Register in a prescribed for m should also be mainta ined as follows so that all government property is properly accounted for- (i)Stock Register for tools and appliances: Tools, furniture a nd other perma nents stores should be recor ded. (ii)Stock Register for spare parts: All spare pa rts pur chased a nd issued to vehicles s hould be entered in this Register. The spare parts unserviceable should also be entered showing it as pa rt worn and aft er obtaining order for condemnation, it should be, tr ansferred to the Stock Regist er for unserviceable articles and subsequently disposed off in public a uction or a s ordered by the condemnation board. (iii)Stock Books for Stationery: All items of stationery received and issued for day-to-day work are to be accounted for in this Register. (iv)Stock Book for Consumable Articles: Consumable articles like soap, brasso, kerosene oil, grease, oil duster, cloth, brooms, phenyl etc., are to be accounted for in this Register. Ca re should be ta ken to issue items accor ding to the scale prescribed by the department. ( g ) Stock R egister for Oil and Lubr ica nts: Oils and Lubricants are item which are required for all the vehicles and pumps atta ched to t he Fire Station. These should be dr awn from the dealers, stocked and is sued to the various vehicle pumps and the Register ma intained as per prescr ibed form. All Fire Service Vehicles should be kept full of petrol/ diesel and oil at all times. ( h) Stock Book for unserviceable articles: All items which are found unserviceable should find a place in this Register. The cost of purchase, t he life served and mode of disposal should be clearly shown. If disposed off in public a uction the amount realized a nd details of r emittance into Government should also be recor ded. (i) Defaulter Register: For the maintenance of discipline and t he smooth running of the Station; it may become necessary t o award punishment to the delinquents, according to the nature of offence. This should be duly entered in this Register. (j) Lea ve R egist er : Separate Register for leave sanctioned and availed by the personnel should be maintained. - 18 - Ex-584/2019 A pa ge should be allotted to each individual so that at a glance the number of days leave availed can be seen. Differ ent Register shall be maintained for Casual Leave. 4 0 . Discipline :An Officer-in-Charge of a Station is responsible for maintaining the discipline and efficiency of his staff posted to the Station and therefor e, the pr ocedure for dealing with such indiscipline conduct and the pu nishment awarded may vary but as fa r as possible they should be within the framework of the discipline code in force. 41. Duties of Leading Firemen : (1)He is the Leader of the fire crew and to be available at the Station to which he is posted, while on duty. (2)To obey implicitly all la wful orders of his superiors and exact the strictest obedience and civility from those serving under him. (3)To see that the sta ff placed under him on duty is properly dress ed and are assigned duties pertaining t o the Station, and fir e applia nces and such other duties that may be incidental to the efficient working of the Station. He shall also be responsible for maintaining the Station premises clea n and tidy and appliances and equipments in neat and efficient working condition and ready for immediate use. (4)To see that all equipments, gear etc., are properly a ccounted for a nd be r esponsible for the same where in cha rge of fire appliances or equipments. In case of any loss or damage of articles, equipments, uniform, clothing, etc., he shall immediately report to his next senior officer abou t the s ame. (5)To keep his superior acquainted with all matters coming to his knowledge affecting the Fire Station staff or the gener al business of the Fir e & Emergency Services Department. (6)Any duties as may be asked by a Gazetted Officer, a Station Officer or Sub- Station Officer in addition to those specified above, sha ll be carried out by him. 42. Duties of Driver Operator : Driver of F ire & Emergency Services is a lso combining operator ’s work apart from driving works. (1) to be availa ble at the Sta tion to which he is posted while on duty. (2) to obey implicitly all lawful orders of his superiors and exact the strictest obedience and civility. (3) to be responsible for the proper upkeep a nd mecha nical condition, maint enance and movement of t he vehicles and pumps under his charge. He shall also be jointly r esponsible with the Leading Fir emen for the pr oper ma intenance and storing the equipment and gea rs that are carr ied on the fire applia nces or kept a t the Fire Station. (4) to t est at least once a da y, the fire appliances in his charge to make sure that the same ar e in serviceable condition and to recor d the same with the ma n on Station duty. To reports any defects immediately that he may come to the Leading Fireman incharge and to the ma n on Station duty. (5)to keep an inventory of a ll articles and equipments under his charge and to mainta in a record of t ime at work, mileage, petrol/diesel and oil consumption etc. NB :Any other connected duties relating to the maintenance, mobility and operation of fire appliance, motor vehicles, pumps or other fire fighting and rescue gears as may be asked by his superior officer or Leading Fireman, in addition to those specified above, sha ll be carried out by him. 43. Duties of Fireman : (1) To be availa ble at the Sta tion to which he is posted while on duty. (2) To obey implicitly all la wful or ders of his superior and held himself in r eadiness to ca rry out all duties as may be a ssigned to him by his superiors obediently, smartly and efficiently. - 19 -Ex-584/2019 (3) To keep himself and his qua rters, if provided nea t and clean. (4) To devote the whole of his time and attention to the Fir e & Emergency Services Department while on duty. (5) To set example to other by sobriety, clea nliness , promptitude, civility and general a ttention to his duty. (6) To be responsible for keeping the Station premises, such as appliances room, offices, drill yard, watch room, workshop-dormit ory, dr ill tower, hose drying tower, and appliances, equipments, gear s, etc. , clean and tidy. (7) To keep himself alert to attend to fire, special services, fire drills, etc., in the shortest possible time on the alarm being sounded. (8) To keep himself acquainted as far as possible with the topography of his own a nd adjoining areas as well as fire risks in such areas. (9) To carry out duties that may be assigned to him from time to time, a nd be responsible jointly and severally to the Leading Fireman of the fire units for the care, appearance, scrupulous clea nliness of the unit a nd all equipments with their correct upkeep, stora ge and maintenance thereof. (10)To a ssist Driver/Operator in the proper maintenance of equipments a nd gear and the vehicles, perform guar d duties, workshop duties, control room and watch room duties, duties of office orderlies a nd fire aids, dispatch mess engers etc. (11)To inspect the fir e applia nce to which he is posted and to report to the Leading Fireman a fter having verified the same. The fireman is jointly and severally responsible to t he Lea ding Fireman of the unit for the appearance, scrupulous cleanliness of the unit and various equipments and their correct upkeep and maintenance. (12)Fireman, when posted as guard or sentry by turns, or by other method a s deemed fit by the Officer-in-C harge of the Station, shall not leave his post until he is properly relieved. He shall be in full uniform prescribed for him for the season while on guard duty, the fireman shall be responsible: - (a ) To guard all properties, fixtures, fittings and other effects both in the Fire Station premises and S tation surroundings. (b) To see tha t all per sons entering u p the Fir e Stat ion premises ar e directed to the Officer- in-Char ge and to see that they leave the premises immediately after their business is finished. (c) To remain alert at all times. (d) To control the movements of incoming and outgoing vehicles to avoid accident. ( e) To watch the garden and p lants in Station ground. (f) In a ddition to the above, a fireman sha ll perform any legal duty, in the interest of the Fire & Emergency Services when ordered by appropriate author ity. 44. Duties of Watch Room Operator : Any Fire & Emergency Services personnel can be detailed as Wa tch Room Opera tor. (1)To be availa ble at the Sta tion to which he is posted while on duty. (2)To obey implicitly orders of his superiors and exact the strictest obedience and civility from those serving under him. (3)While taking over charge, which should be at least 10 minutes befor e the schedule for change over, he shall be responsible to acquaint himself with all matter current and pending of operational and adminis trative importance. He shall also be responsible to check Station’s clock and the telephone connection wit h other Stations. (4)It shall be his duty to maintain the Station Occu rrence Book up-to-date at all times in the prescribed form as may be laid down. - 20 - Ex-584/2019 (5)He shall be prompt in receipt and tr ansmission of calls to fires, other emergencies, etc. reporting the same to the officer a nd men by the alarm system installed at the Station and to the area control room as well as to other Fire Station or essential services, as the case may be. In such case, he shall keep record of movement of vehicles, officer s and men regarding messa ges thereof, etc., in t he Occu rrence Book. (6)He shall remain alert throughout the watch period and shall not leave the place of duty for any purpose whatsoever on any account, however brief the absence may be, without first obtaining a suitable r elief. He shall in such cases make an entry in the Occurrence Book of his being relieved for that period. (7)He shall not allow any una uthorised person to enter the watch r oom. (8)He shall be in proper uniform. (9)He shall be responsible for the ma intenance of record of movements of staff, appliances and equipment a nd be r esponsible for maintaining a disposition board of a ppliances and men. (10)He s ha ll ex ecu t e s u ch ot her du t ies a s ma y b e ent r u s t ed t o him f r om t ime t o t i me b y hi s s u p er ior s for the efficient administra tion of the Station. 4 5 . Police Officer to render assistance :Police Officers of all ranks are bound to aid the Officers of the Fire & Emergency Services in the execution of their duties during the fire operations and rescue works. They shall cordon the fire area, r emove or detain persons interfering in the fire fighting operations, close the str eet or passage near the fire area, etc., depending on the requir ement. They shall assist in organising the members of the public who are helping the fire fighting operations. 46 . P owers of members of the force on occa sion of fir e : (1)On the occa sion of fire in any area any member of the force who is in charge of fire fighting operations on the spot may – (a ) remove, or order any other member of t he force to remove a ny person who by his presence int erferes with or impedes the operation for extinguishing the fire or for sa ving life or property; (b) close any street or passa ge in or near which a fire is burning; (c ) for the pur pose of extinguishing fire, break into or through or pull down, a ny premises for the passage of hose or appliances or cause them to b e broken into or through or pulled down, doing as little damage as possible. (d) require the authority incharge of water supply in the ar ea, to regulate the water mains so as t o provide wa ter at a s pecified pressu re at t he pla ce where fir e ha s broken out and to utilize the water of any stream, cistern, well or tank of any available source of wa ter, public or private, for the purpose of extinguishing or limiting the spread of such fire; (e) exercise the same powers for dispersing an assembly of persons likely to obstruct the fire fighting operations as if he were an Officer-in-Charge of a Police Station and shall be entitled to the same immunities and protection in respect of the exercise of such powers; (f) Generally t ake such measur es as may appear to him to be necessar y for extinguishing the fire or for the protection of life or property. (g) Require Telecom Companies to assist in tracing and recording fire ca lls. ( 2 ) Right of Way : (a) When the fire unit is in transit to the place of occurrence of a fire, the fire alarm bell/ siren shall be rung continuously. (b) On hearing the said alarm bell every person and vehicles on the route shall immediately dra w to the extr eme left and stop till the fire unit passes by, providing a clear and unobstructed passage to the fire unit, pr ovided that a vehicle r unning on fixed rails like the trams car shall stop in such a manner as to provide clear passage to the fire unit. - 21 -Ex-584/2019 (c ) The Driver Operator of the fire vehicle should take preca utions to avoid clashing or dashing against vehicles on its way. However, after such sufficient precautions, the fire vehicle cannot avoid the dash against any other vehicle on its way to attend to fire call the driver/operator shall have immunity from da mages caused by the fire vehicle. (d) Any person who being incha rge of a vehicle contr avenes the provision a t Rule 46(2) (b)s hall be punishable on conviction with fine which may extend to two thousand rupees. 47. Arrangements for Supply of Water : (1)The Dir ector / the Chief Fir e Officer, Fir e and Emergency Services may, with t he previous sanction of the Sta te Government enter into an a greement with the authority in charge of water supply in any area for secur ing an adequate supply of water in ca se of fire, on such terms as to payment or otherwise as ma y be specified in the agreement. (2)The State Government shall construct Water Reservoir underground or otherwise a s convenient close to ea ch Fire Station or Sub-Station for the purpose of fire fighting. The capa city of the reservoir should be such as to meet the requirements of t he Station or S ub-Station. Reserve Water Reser voirs shall also be construct ed at s trategic locations in all townships, the number depending on the size of the townships, solely for the purpose of pr oviding water to Fire and Emergency Services for fire fighting purposes. (3)In case of emergency, the Fire Officers may draw water from the Refilling Points of Public Health Engineering Department. (4)For the purpose of fire fighting t he Fire Officer s may utilize water of any stream, cistern, well or tank or a ny available water, whether public or private, the State Government may, under such circumstances pay any sum for such damage or loss. 48 . P reventive mea su r es : (1)The State Government may by notification in the Official Gazette, require owners or occupiers of premises in any area or of any class of premises used for such pur poses which in its opinion a r e likely t o ca u s e a r is k of fir e, t o t a ke s u ch p r eca u t ions a s ma y b e s p ecified in s u ch not ifica t ion. (2)Wher e a notification has been issued as a bove, it shall be lawful for the Dir ector/SP /Chief Fire Officer, Fire and Emergency Services or any officer of the force authorized by the State Government in this behalf to dir ect the remova l of objects or goods likely to cause a risk of fire, to a place of safety; and on failure of the owner or occupier to do so, the Director/SP/ Chief Fire Officer, Fire and Emergency Services or such officer may, after giving the owner or occupier a reasonable opportunity of making representation seize, detain or remove such objects or goods. ( 3 ) Power of Entry: T he Director /S P/Chief F ir e Officer F ir e & Emer gency S ervices or a ny member of the Mizoram Fir e & Emergency Services duly authorized by him, may enter any building, warehous e, workshop, Cinema Hall or any other place for the purpose of an enquiry, as to whether any inflammable articles has been stored illegally or whether adequate precautions against outbreak of fire in such place have been taken. Similarly, the Director/SP /Chief Fire Officer, F ir e & E mergency S er vices or a ny memb er o f t he M izor a m F ir e & E mergency S er vices duly author ized by him, may enter into any Liquefied Petroleum Gas Go-Down and Petrol Pump for the purpose of enquiry as to whether the storage of these highly inflammable substances have been done properly as per specifications of the Explosive Licensing Author ity, that is, Ins pector of Explosives so that adequate precautions a gainst out-break of fire in su ch a pla ce are ta ken. 49. Licensing of Ware-House/Workshop/Go-down/Public Gathering : (1)No Building or place shall be used for the purpose of a warehous e/ workshop/Go-down/Public gathering except under a license from a competent authority. The competent authority shall be the authority designated by the State Government. - 22 - Ex-584/2019 (2)No license shall be granted to any building or place for warehouse or wor kshop or Godown or Public gathering, unless such building or places confor ms to s uch precautiona ry measures taken by the owner/occupier thereof as may be directed by the competent author ity. 50. Application for Warehouse, etc. license and its renewal : (1)An a pplication for issue of a license shall be submitted to the licensing authority who shall r efer it t o the Dir ector, Fir e & Emergency Services for enquir y so far as fir e p reventive meas ures are concerned and on receipt of the repor t, the licensing authority shall either grant or refuse the application. (2)Every license granted under the above provision shall be renewed annually on the applica tion of t he license-holder. Such application should also be sent to the Director, Fire & Emergency Services on the matter mentioned above for a report, on receipt of which the licensing authority may either grant or refuse the renewal. (3)A license gr anted under these rules may be withdr awn or suspended for valid reasons by the licensing authority, after giving the license-holder an opportunity of being heard. (4)The reasons for withdrawal or suspension of a license already granted as well as the reasons for refusal to grant a license or to renew a license when duly applied for, shall be recorded in writ ing and intimated to the license holder or the applicant, as the case ma y be 51. Appeal : (1)An a ppeal a gainst an order of the licensing authority withdra wing or suspending any license or refusing to grant or renew a license when applied for shall lie within 30 da ys of such order to the appellate authority. (2)The appellate authority sha ll be a n author ity designated by the State Government and should be a higher author ity to the Licensing author ity. 52. Power to s eize/remove/destroy goods : (1)Wher e a ware-house is used without a valid license, the Director, Fire & Emergency Services or a ny officer authorized by the Government ma y direct removal of a rticles likely to cause a risk of fire to a place of safety. (2)On failure of the owner/occupier to do so, the Director, Fire & Emergency Services or the authorized officer mentioned above, ma y seize, deta in, r emove or dest roy such articles or goods in such manner as deemed proper according to the rule or standing order made by the State Gover nment. The authorized officer shall not be liable for compensation. 5 3 . Change of possession:Whenever there is a change of possession of any warehouse or workshop or Godown, the per son entering into possession shall within 14 days inform the licensing a uthority in writ ing with copy to the Director, Fire and Emergency Services and the la tter shall substitute the name in pla ce of the last occupier. 5 4 . License for using building for manufacturing firewor k :No building or place shall be used for the purpose of manufacturing or making or otherwise dealing in fireworks without previously obtaining a license from the competent authority. 5 5 . Tax on lands and buildingsA fire tax may be levied on lands a nd buildings which are situated in any area in which the Mizoram Fire Service Act 2013 is enforced by any loca l authority or government agencies. T he fire tax may be levied in the form of a surcharge on pr operty tax at s uch rate by notification in the official gazette. - 23 -Ex-584/2019 56. (1)The authorit ies empowered to assess, collect and enforce payment of property tax under the law authorizing the local authority or any other agencies to levy such tax sha ll on behalf of the state government assess, collect and enforce payment of the fire tax in the same manner as the property tax is paid and collected. (2)A portion of the total proceeds of the fire tax as the state government may determine shall be deducted to meet cos t of collection of the tax. (3)The fire ta x so collected shall be paid to the State government of M izoram in such manner and at such int ervals a s may b e prescribed by the State Government from time to t ime. 57 . Issue of Fire NOC for High Rise buildings and other important insta llations: (1)Fire NOC for high rise buildings (15metr es and above) may be issued by Director, Fire & Emergency S ervices as per the pr ovisions of cla use 5 (3) (ix) of the Aizawl Municipal Council Building Regulations, 2012 enacted under the Mizoram Municipalities Act, 2007 (Act no 6 of 2007) for ar eas falling under the jurisdiction of Aizawl Municip al Council as well as under relevant clauses of the NOC of India 2005 for areas outside the jurisdiction of Aizawl Municipal Council. (2)The Fire NOC shall be issued provisionally for a period not exceeding 2 years which may be renewed for another two years on receipt of pr oper application indicating the reason for its renewal. (3)Fina l NOC shall be issued only after installation of the fire fighting arrangements indicated in the provisional NOC. Fina l NOC so issued shall be valid for 3 years for residentia l buildings and 4 years for non residential bu ildings. On expiry of the NOC, fresh NOC will be issued after duly satisfying with the installa tion of fire fighting arrangements r ecommended for the building by the owner/ builder. (4)The rate of collect ion of fees on issue of NOC by F & ES may be fixed as follows which may be r evised a nd notified by the sta te government from time to time :- (i)Residential building - Rs. 1.50 per Sq.metre with maximum of Rs. 2000/- (ii) Non Residential building - Rs. 3.00 per Sq. metre with maximum of Rs. 3000/- (iii) Other buildings and struct ures not covered by sub no (i) & (ii) – Rs. 3.00 p er Sq.m with maximum of Rs. 3000/- (Other buildings and structures may include buildings like LPG Godown, Gas plant, Industrial, Commercial, stores and godown etc for the type of occupation and utilization for which Fire NOC is demanded by concerned a uthorities). The levy of fees is to be credited into Government account under the following head of accounts :- 0070 –OAS 60–Ot her S ervic es 109–Fire Protection & Control 01–Fir e & Emergency Services 00– 00– 58. Stand-by Charges on Deployment. (1) The charges for deployment of members of Fire Service along with equip ment and applia nces in the area to sta nd-by for a specified duration wher e the Act is in force shall be as perSecond Schedule. - 24 - Ex-584/2019 (2) The applica tion for stand-by duty shall be made in prescribed form along with the demand draft for the charges as determined under sub-rule (1) above drawn in favour of DDO Headquarters, Fire & Emergency Services, Mizoram payable at Aizawl, Mizoram. (3) There shall be no charges as required under sub-rule (1) for Stand-b y duty as may be required during the visits of the President of India, Vice-President of India, a nd Prime Minister of India or any such other authority as may be specified by the Government of India or by the Government within the area where this Act is in for ce,: Provided tha t the Director may exempt from the payment of stand-by duty charges in public interest if such a duty is demanded by the Distr ict Administration. 59 . Application for permission to er ect str ucture or panda l. Any person, group of persons or a ssociation, intending to erect any temporar y structure of pandal for industrial, Commercial, religious, social, culture or a ny other purpose, shall apply to the Director or the su perior nominated authority or the nomina ted author ity for permission, in form ‘D ’ along with the following documents : (a) lay out plan of the structure (b) certificate from licensed electrician and decorator engaged for the purpose. 60. Conditions for according permission for erecting structure or pandal (1) The Director or the superior nominated authority shall accord permission for erecting structure or pandal, subject to fulfillment of all or any of the conditions mentioned in sub-rule (2) to sub- rule (27), as the Director or the superior nominated authority deems fit for fire prevention and fire safety measures in respect of the pr oposed structur e or pandal. (2) There must be a minimum of 20 feet clear open space from fencing or boundary wall or any other permanent structure. (3) No s tructure or pandal shall be erected beneath any live electrical line or adjacent to electr ical transformer or haza rdous installation. (4) Such structure or pandal shall be made of non-combustible materials such as C.I., aluminium or Asbestos sheets, flame proof tarpaulin, fire retardant heavy type synthetic tarpaulin, conventiona l tarpa ulin tr eated with fir e retar dant pa int. Provided that the combustible materials such a s clothes, canvas, hessian, may be used for ordinar y decora tive purpose after such combustible materia ls are dipped into fir e retar dant solution which is a mixtur e of following substa nces and subsequently, such wet materials s hall be wrung out and dried before use :- (i)Ammonium sulphate-4 parts by mass (ii) Borax-1 part by mass (iii) Ammonium car b onate -2 parts by mass (iv) Boric acid-1 part by mass (v) Alum-2 parts by mass (vi) Wat er-35 parts by mass Provided fu rther that all types of wood including plywood used for decoration of such structure or pandal shall be painted with fire reta rdant pa int confirming to Indian Standard specification. Provided further that the Director or superior nominated author ity may reserve the right to test the effectiveness of the treatment or any other materials used in the structure at any time before or during the funct ion. - 25 -Ex-584/2019 (5) The framework of such structure or panda l shall be made of tubular steel fra mes, sa l or strong wood or timber, properly na iled fa stened with fir e retardant rope or metal wire to make the structure sufficiently strong to withstand in fir e situation. (6) The height of the roof of any structure or pandal sha ll not be more than 40 feet and ceiling height shall not be less than 12 feet from gr ound level. (7) All sides of such structure or pandal shall be left op en and lower portion of all sides shall not be fixed to anything, to ease emergency evacuation. (8) There must be fire gap of 30 feet between any two erected structures or panda ls having a length of 75 feet.Pr ovided that the total floor ar ea of any individual structure or pandal shall not exceed 4000 sq.ft. (9) One-fifth space of the total floor area of a structure or pandal used as, or meant to be an auditorium shall be kept clear for longitudinal and cr oss gangways a nd the line of travel from any point to the nearest exit within such auditorium shall not be more than 15 feet. (10) All exit points of any structure or pandal shall be clearly indicated with the sign ‘EXIT ’ in English language a s well as in t he loca l language in letters having the size not less than 8 inches to be paint ed or displayed in fluorescent colour. (11) Suit able directiona l signs shall be displayed in the conspicuous place of str ucture or panda l to indicate the proper direction of ingress or egress of such structure or pandal. (12) (a ) No seating arrangement shall be made with moveable chairs inside the structure or pandal used as, or meant to be an auditorium and seating arrangement into such auditorium shall be made on the gr ound floor in such manner so as t o allow 5 sq. feet floor spa ce per person. (b) If the seating arrangement is not possible in the ground floor of such auditorium, all chairs shall be secured together in numbers of not less than 4 and not mor e than 12 and each bank of seats shall be fir mly secured to the ground. (13) In case of tents used for structure or pandal, such tents sha ll be a dequately guyed and br aced to withstand a wind pressure or 0.98 KN/m3 (0.01 kg f/cm2 ) of the pr ojected area of the tents. (14) All electrical wirings and fittings in the temporary structure or pandal sha ll be in poly vinyl coated sheathed conductors or conduit type of F.R.L.S. type which shall be spa rk and flame proof in na ture and all joints shall be made with porcelain insulated connector. The twisted and tapped joints of the electrical wiring shall be avoided. (15) No part of the electrical circuit in the struct ure or pandal shall be within 12 inches of any decor ative cloth or paper. (16) The electrical lay outs of the st ructure or pandal shall be ca rried out by a competent licensed electrical engineer or contractor or firm. A certificate stating load per circuit within such structure or pandal a nd test of all the installation tha t are ca rried out conforming to the Indian Electricity Rules, 1937 and I.S. 1646 – 1961 (subsequently amended) to be submitted to the Director- General or person nominated by him before the commencement of the funct ion. (17) The supply of curr ent sha ll be disconnected on each day from the electrical distribution room after the business hours or use of str ucture or pandal is over. (18) The provision of not less than 0.75 litre water per square metres shall be made in the structure or pandal for fire fighting shall have to be made in the structur e or pandal. (19) A minimum number of I.S.I. marked fire buckets at the rate of two buckets per 500 square feet area a nd I.S.I. marked appropriate fire extinguishers at the rate of one such extinguisher for every 1000 square feet floor space (minimum two) and two number of ceiling hook shall be made available in a ll such structur e or pa ndal wit h trained opera tor. (20) The road approaching to the structure or pandal shall be free from any overhead projections or obstruction for easy movement of fire engine. (21) The notice prohibiting smoking inside the structure or pandal shall be displayed prominently with broad and bright letterings all round such structure or pandal and arrangement for announcement through public address system in this resp ect sha ll be made. - 26 - Ex-584/2019 (22) No fireworks, open flame or any kind including cooking heating shall be permitted in such temporary structure or pandal, within 30feet from the boundary wall of such structure of panda l. (23) A responsible person of the organizer sha ll always be ma de available at the site of the structure or pandal to inform fire service in emergency and to co-operate with fire brigade. (24) The construction of the structure or pandal shall be such as to accommodate independently any stand-by fire engine from Depa rtment of Fire Service. Provided that if the Director or person nominated by him found it necessa ry and think t hat the stand-by of fire engine will not hamper the normal fire cover of t he area, he may arrange for more tha n one stand-by fire engine at the cost organizer as per Government scheduled ra tes. (25) (a ) There shall be not less tha n four exit gates on the boundary wall at a distance of 250 feet from each ot her. (b) All such gates shall be fit ted with half-grill gates (not a collapsible gate), which may be opened in either direction, and the width and height of such ga tes sha ll not be less than 14 feet and 1 2 feet r espectively. (26) Private security staff employed in the mela ground, the organizers a nd the stall holders shall know how to operate first-aid fir e extinguishers to kill the fire at its initial stage. (27) The structure or pandal shall, at all times, be open to inspection by such officer or officers, being member or members of the fire brigade, as may be appointed by t he Director or the superior nominated author ity. (28) The Director or person nominated by him may impose any further conditions which deemed suit able as situation dema nds and the organizer shall bound to abide by the same. 61. Manner of granting permission to erect structure or pandal. (1) Subject to the fulfillment of all or any of the condit ions specified in rule 59, the Director or the superior nominated authority shall issue notice in Form ‘E’ to the applicant, directing him to deposit a fee specified in sub-rule (2) in any Government Treasury or Sub-Treasury Govt of Mizoram and forwar d the original challa n or receipt to the Director or the superior nominated authority. The rate of collection of fees on issue of permission by F & ES may be fixed as follows which may b e revised and notified by the state government fr om time to time :- (a) Non commercial structures or pandal -10(ten)paise per square feet (b ) C ommer cia l s t r u c t u r es or p a nda l like cir cu s , f a ir or t he like for ming a clu s t er -1 5 (fi ft een) pais e per s quare feet (2) On receipt of the application in Form‘D’ and the or iginal treasur y challan or r eceipt as referred to in sub-r ule (1), the Director or the superior nominated authority shall grant permission in Form‘F’ for erection of the str ucture or pandal. (3) The permission for erection of str ucture or panda l shall be gra nted for a fixed period as applied by the organizer but under no circumstances, such permission shall exceed for a period of thir ty days at a time. Pr ovided that in special ca se the Director or the superior nominated authorit y may extend the period of thirty days, depending upon the performance of the previous condit ions and report of the fresh inspection conducted in this regard. 62. Period for granting or refusing the permission for erection of structure or padal.- (1) The application for granting or refusing the permission for erection of struct ure or pandal shall be fifteen days from the date of receipt of the applica tion in the office of the Director or the superior nominated authority in F orm ‘D’ alongwith the fee specified in rule 60. - 27 -Ex-584/2019 6 3 . Employment of Fire Service for purposes other than fire fighting within or outside the State.The Fire & Emergency Services may be engaged on purposes other than fire fighting at the discretion of the Director or his authorized subordinate officer in following cir cumstances : (1)Specia l Ser vices fr ee of cha rge in cases of all types of r escu es of Life. (2)Special Services which should be charged according to ra tes fixed by the State Government, such as for pumping out wells, flood waters, attending to duties like fire protection at large assemblies or gatherings subject to safe use of equipment if it can be spared. (3)Services of all kinds, rendered beyond limits of jurisdiction to be charged according to rates fixed by State Government. 64 . Auxiliary Fire Force :When there is an apprehension tha t fire breakouts are imminent and tha t the r egular fire fighting staff are inadequa te to prevent such fir e menace, especially during a bnormally dry season or when there is large scale fire accident and that the regular fire staff are not sufficient to control such fire, the Government can authorize the Director, to engage Volunteers as many a s necessary at the minimum rate fixed by the Government from time to time for semi-skilled workers. Such hir ed Volunteer shall be known as Auxilia ry Fire Force a nd on their engagement; Station Officer shall impar t basic fire fighting technique for a period not less than one week. This Auxiliar y Fire Force shall be entitled to similar benefits which ar e available to semi-skilled workers under Government of Mizoram during the period of their engagement. 65. Attendants:Director General/Director – Not more tha n 3 Fir eman SP/CFO – Not more than 2 Fireman ASP/Dy.CFO- Not more than 1 Fireman Dy.SP/Asst.CFO/DO – Not more than 1 Fireman No a ttendants are to be allowed beyond the above scale or to persons not entitled to Attendants, unless in exceptional circumstances and then only with the express permission of competent author ity. Attendant should only be employed on duties of an official chara cter, it should be understood that attendants ar e not private servants a nd should not be utilized as such. No attenda nts should be deployed on permanent basis to a particular officer and should be detailed on rotational ba sis. 66. Purchase of Equipments :- Purchase of Equipments with the responsibility of the Director and shall, as far as practicable, conform to the standard specifications for firefight ing equipments laid down by the Indian Standard Institution. 67 . Minimum r equirement of Fire Stations :- The Director, Fire & Emergency S ervices shall take all necessary steps to ensure the maintenance of the minimum requirement of Fire Stations. 68. Certificate Of Appointment The issue of Certificate of appointment to member of the force under Section 7 of the Act shall be given in Form ‘A’ 69. Power of Relaxation : Wher e the Governor is satisfied that opera tion of any of these Rules causes undue har dship in any particular case, he may dispense with, replace and or relax that rule to such an extent and subject to such conditions as he may consider necessary for dealing with the case in a just and equitable manner. - 28 - Ex-584/2019 70. Repeal: On the commencement of these Rules, the Fire & Emergency Services mentioned at Chapter XXIV of Mizoram Police Manual and all Recruitment Rules concerning Fire & Emergency Services personnel stand repealed. Lalbiakzama Secr etary to the Government of Mizoram Home Department. F o r m ‘ A’ CERTIFICATE OF APPOINTMENTGOVERNMENT OF MIZORAM FIRE & EMERGENCY SERVICES HEADQUARTERS, HUNTHAR VENG AIZAWL- 796009 No. Dated: CERTIFICATE OF APPOINTMENTCertified that Shri ………………………………………………………. son of Shri …………………………………………………………….... resident of ………………………………………………………………. whose photograph appear on the right corner of the certificate, has been appointed under section 8 of the Mizoram Fir e Service Act 2013 (Act No 7 of 2013) and vested with the powers, privileges and immunities of a member of Fire Service with effect from ………………….. The date of superannuation of Shri ……………………………………. is ……………………….. under normal circumstances. Name and Signature of the member Attestation by…………………… Place: Aizawl Director, Fire & Emergency Services Mizoram, Aizawl.Passport size photograph of the member attest ed by SP/CFO - 29 -Ex-584/2019 Form ‘B’ APPLICATION FOR STAND-BY DUTYTo The Director Fir e & Emergency Services Headquarters, Mizoram, Aizawl Hunthar Veng-796009. Sub: Application for providing stand-by duty at…………………………… ……………………………. (address of the place where stand-b y duty is requir ed). Sir Please provide stand-by ………………………… (name of vehicle) at the aforesaid address with effect from ……………hrs. to ……………………. hrs. on …………………………… (date to be mentioned) during the ………………………………………………………………………………………. …………………………………………………………. (occasion to be mentioned for which required). The required payment of Rs. ……………....... is enclosed through bank draft No………………… dated …………………… drawn on ……………………..…………..in favour of DDO, Headquarters, Fire & Emergency Services Headquarters, Mizoram, Aizawl Dated: (Signature of the applicant) Contact deta ils: Name in full………………………………………………. Tel. No. …………………………. Mobile No. ………………………. Form ‘C’ FORM FOR ISSUING FIRE ATTENDANCE REPORTFIRE ATTENDANCE REPORT1.Current date: 2.Fir e Repor t Number: 3.Opera tional jur isdiction of Fire Station: 4.Infor mation r eceived from: 5.Name of the c aller: 6.Phone number of the caller: 7.Full address of the incident p lace: 8.Date of receipt of call: 9.Time of receipt of call: 10.Time of departure from Fire Sta tion: 11.Appr oximate distance from Fire Sta tion: 12.Time of arr ival at Fire Scene: 13.Nature of call: 14.Date of leaving from fire scene: 15.Time of leaving from fire scene: - 30 - Ex-584/2019 16.Type of occupancy: 17.Occupancy details in case of ot hers: 18.Category of fire: 19.Type of building: 20.Building details in case of ot hers: 21.Deta ils of a ffected area: 22.Details if injury: 23.Details of dea th(s): Officer In charge of Fire Sta tion Form ‘D’ Application for Permission To The Director Fir e & Emergency Services Headquarters, Mizoram, Aizawl Hunthar Veng-796009. Sir, I/We beg to apply for permission for erection or a structure or pandal. Particulars of the structure or pandal, sit e plan showing t he la y out a nd the electricia n’s cer tificates ar e enclosed herewith. I/ We underta ke to deposit the fees for erection of t emporary str ucture or pa ndal as will be assessed by the Depa rtment of Fire & Emergency S ervices, Mizora m as directed by the Department. DESCRIPTION 1.Loca tion of the pr oposed tempor ary str ucture or Pandal:- (a)Ward No. ______________________________ (b)Name of the road/street/lane : _______________________________ (c)Name of the local authority : ________________________________ 2.Name and address of the person/persons/association intends to erect the proposed temporary structure or pandal : 3.Purpose for which t he structure or pandal shall be erected : 4.The period of time and number of day’s for which the structure or pandal shall be erected : 5.Tota l covered area of the proposed struct ure or pandal (in squa re metr e) : 6.Height of the proposed str ucture or pandal : 7.Distance of nearest open water (i. e. river or tank) : 8.Description of structure of the proposed structure or pandal : 9.Maximum number of persons which may occupy the structure or pandal at any material point of time : Name of the applica nt : Address : - 31 -Ex-584/2019 Form ‘E’ NOTICE Memo No. __________Date ___________ From:The Director Fir e & Emergency Services Headquarters, Mizoram, Aizawl Hunthar Veng-796009. To:_________________________ _________________________ _________________________ Sir, Madam, With reference to your application dated the _______________________________ for erection of a temporar y structure or Pandal at (Location of the proposed struct ure) __________________________ for ___________________ days from the ________________________, 20 __________ to the _________ 20 ________ I am to request you to deposit the fee of Rupees ____________________________ in any Government Treasury or sub- treasury in Mizoram under the head of account “___________________”, and to forward the original challan (receipt), to the undersigned immediately. Yours faithfully, ______________________________ Signa ture of the Director Fir e & Emergency Services Mizoram, Aizawl Form ‘F’ Form for granting permission for erection of temporary structure or Pandal No. ______________Dated ______________ Permission is hereby granted to_____________________________________________ (name and addr ess of the applicant) under the Mizoram Fire & Emergency (Superintendence & Control of the Fire Force & Fir e Safet y & Prevention) Services Rules, 2019, to er ect the tempora ry structure or Panda l at (location where the structure or P andal shall be erected), subject to the conditions noted below and such other conditions a s specified in the Mizoram Fire Services Act, 2013, and t he rules made thereunder. It is hereby acknowledge that a sum of Rupees _______________________________________ ______________________________________ being the fee for granting permission due by the said ______________________________________________ in respect of the aforesaid permission has been r eceived. - 32 - Ex-584/2019 _________________________ Name of the Applicant ____________________________ Signa ture of the Director Fir e & Emergency Services Mizoram, Aizawl . CONDITIONS (1 ). The proposed tempor ary str ucture or Pandal shall at all times be open to inspection by such officer or officers, being member or members of the Fire & Emergency Services, as may be appointed by the Director, Fire & Emergency Services. Mizoram, Aizawl or the nominated author ity. (2). The premises shall conform to the conditions prescribed under rule 59 of the Mizoram Fire & Emergency (S uperint endence & Contr ol of the Fire Force & Fire Sa fety & P revention) Services Rules, 2019. FORM ‘G’ APPLICATION FORM FOR OBTAINING N.O.C. FROM FIRE & EMERGENCY SERVICES DEPARTMENT, MIZORAM. 1Name and address of the firm/company 2Name and contact No of the owner 3Loca tion of building and type of construction 4Type of Business 5Plot area 6Covered area (at gr ound level) 7Height of building 8Nos of floor/storeys 9Tota l covered area of the building(atta ch appr oved drawings of the building fr omAMC/Others 10Expected no of occupants 11Mode and type of pr oduction/type of occupancy 12Electrical wiring system and sanctioned electrical load 13List of raw material(applicable for commercial/business enterpr ise) 14Name of finished products(applicable for commercial/business enterpr ise) 15Detail of insurance, if any 16Distance fr om near est Fire Station(approx) 17Whet her fresh NOC or Renewal 18.Deta ils of First Aid Fire Fighting equipment/ext inguishers already installed within the premises S . N o Type of extinguishers Ca pa city Q nt y M a k e S /No &Year Date of Remarks/ e.g. CO2, DCP,Explosive of Mfg purchase Refilling Foam etcNoDate 1 2 3 4 5 - 33 -Ex-584/2019 Fixed Fire Fighting Installation (Tick for whatever is installed with numbers):- a ) Yard Hydra nts/Landing Valveb) Ris er c ) Down Comerd) Hose Reel e ) Automatic Spr inkler systemf) Automatic Detection and Alarm System g) Manually Operated Electric Fire Alarm Systemh) Delu ge valves & Monitor s etc. i) Delivery Hosesj) Emergency Branch etc. 19Water supply (a) Under Ground Static Water St orage Tank with capacity. (b) Terrace Tank with capa city (c) Water source 20Pump capacity in LPM. a) P ump House at Ground level b) Pump at Terrace level. 21Deta il of safety equipments, if any ie. Protective Suits, Entry Suit , B.A. Set etc 22Whether the workers / other staff a re well conversant with the operation of first aid fir e fighting equipments installed in the premises. 23Deta il of flammable and ha zardous materials alongwith Types and Quantity. 24Whet her P. A system is insta lled 25Compliance/ recommendation, if a ny, made in previous inspection 26Other informa tion It is certified that the information provided in this form, is correct. No information has been concealed, misr epresent ed or falsified. I understand that in the event of a ny wrong information pr ovided in this form the NOC is liable t o be withdrawn / cancelled by the Fire & Emergency Services, Mizoram. NOTE : StrikeNIL wherever inapplicable Signature Seal / Stamp First Schedule. (see Rule 28, sub rule 5) List of Uniform Items Etc, Life & ScaleSl. No Name of Item Sca le Life 1WEARING APPARELS 1Angola serge cloth1 no2 yrs 2Jersey Khaki1 no2 yrs 3Warm Khaki Ja cket1 no3 yrs 4Terr y cotton khaki suit1 no1 yr 5Water proof khaki1 no3 yrs 6Hunting Boot1 pair6 months 7Ammunition boot RB sole1 pair2 yrs 8Brown Boot (for officers LFM & above)1 pair1 yr 9Star Silver (ASI(M) – Inspr (M))2 pairs each5 yrs 10Khaki Nylon Sock2 pairs1 yr 11Whistle1 no2 yrs - 34 - Ex-584/2019 12Whistle Cord1 no1 yr 13Rank Badges (LFM & above)2 pairs each5 yrs 14Ribbon Red & Blue (ASI – Inspr)80 cms2 yrs 15Title Shoulder4 nos10 yrs 16Brown Cross Belt1 no5 yrs 17Brown Leather Belt1 no 3 yrs 18Woolen Hand Glove1 pair2 yrs 19Vest Cotton White1 no6 months IIHEAD GEAR 1Beret Cap1 no1 yr 2Khaki Peak Cap1 no3 yrs 3Cap Badge1 no 5 yrs IIIMISCELLANEOUS 1Kit Box1 no5 yrs 2Woolen Bla nket2 nos2 yrs 3Mosquito Net1 no2 yrs 4Ground Sheet1 no2 yrs 5Line Bedding1 no1 yr 6Green Bag1 no2 yrs 7Holdall1 no3 yrs 8Formation sign1 no3 yrs 9Dungaree for Driver & Mechanic1 no1 yr IVFOR RECRUIT 1Shir t Khaki cellular full sleeves (for initia l training)2 nos1 yr 2Short Khaki drill (for initial training)2 nos1 yr 3Trouser Khaki drill (for initial training)2 nos1 yr 4Web Belt (for initial training)1 no1 yr 5Brown canvas1 pair6 months 6White canvas1 pair6 months 7White Nylon Sock1 pair6 months 8White Short Pant1 no1 yr VUNIFORM ITEMS T O BE ISSUED TO IV GRADE PERSONNEL 1Black Chapal1 pair1 yr 2Umbrella1 no1 yr 3Grey Terry Cotton shirt & trouser3 mtrs2 yrs 4Grey woolen shirt & trouser3 mtrs2 yrs 5Black Shoe (leather)1 pair1 yr 6Woolen Jersey steel gr ey1 no2 yrs 7Grey Nylon Sock2 pairs1 yr VIPersonnel Protection Equipments 1Helmet1 no5 yrs 2Flame Retardant Suit (Jacket & Trouser)1 pair5 yrs 3Gum Boot1 pair3 yrs 4Fireman Axe1 no10 yrs 5Hand Glove1 pair2 yrs 6Masks1 no2 yrs 7Fireman belt with pouch1 no5 yrs - 35 -Ex-584/2019 Second Schedule. (see Rule 57) STAND-BY DUTY CHARGES ON DEPLOYMENT OF FIRE APPLIANCE1 . Deployment of Fire Service on Stand-by duty.-The Director or any other officer authorized by him in this behalf may on receipt of a request and subject to availability permit in public interest deployment of fire fighting appliances along with crew during public functions on payment of cha rges as mentioned in the table below:- Sl. No. Type of Appliance Charges per hour orPumping Operation Other Cha r ges & equipments part ther eof [Rupees]per trip [Rupees] [Rupees] 1Water Tender/ Foam500.001000.00@ 50.00 per liter Tender / Wat er Bows er foam concentrate consumed. 2Portable Fire exting-100.00—————— uishers of any type 2 . Stand-by duty Charges to be paid in advance.-T he pa yment sha ll be ma de in a dva nce through a bank draft/pay order in favour of DDO Headquarters, Fire & Emergency Services, Mizoram payable at Aizawl. 3 . Accommodation for the members of Fire Service.-In case deployment of Fire Serviceon stand-by duty exceeds 24 hours in continuation the requesting party shall make necessary arrangements for the accommodation of the members of Fire Service free of any cha rge.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

ICFAI University (Mizoram) (Amendment) Act, 2019 (Act No. 17 of 2019)

VOL - XLVIIIISSUE - 503Date - 22/07/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.H. 12018/154/2013-LJD/HTE, the 19th July, 2019.The following Act is hereby published for general information. ICFAI University (Mizoram) (Amendment) Act, 2019 (Act No. 17 of 2019) (Received the assent of the Governor of Mizoram on 8.7.2019) ICFAI UNIVERSITY (MIZORAM) (AMENDMENT) ACT, 2019 AN ACT Further, to amend the ICFAI University (Mizoram) Act, 2006 (Act No. 4 of 2006). It is enact ed by the Legislative Assembly of Mizoram in the S eventieth year of the Republic of India as follows :- 1.Shor t Title and(1) This Act may be called the ICFAI University (Mizoram) (Amendment) CommencementAct, 2019 (2) It shall come into force on such date as the State Government may by Notification in the Official Gazette appoint. 2.Amendment ofIn clause (xxxii) of Section 2 of the IC FAI University (Mizoram) Section 2Act, 2006, the word ‘Mizoram’ sha ll be inserted between the words ‘University’ and “established under this Act”. Secretary, Law & Judicial Deptt. Govt. of Mizoram. VOL - XLVIII Aizawl, Monday 22.7.2019 Ashadha 31, S.E. 1941, Issue No. 503Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/200

Adoption of the Mizoram Transport Department (Group ‘C’ post) Recruitment Rules

VOL - XLVIIIISSUE - 504Date - 24/07/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.GSW. 8/2019/849, the 19th July, 2019.In the interest of public service, the Governor of Mizoram is pleased to allow adoption of the Mizoram Tr ansport Department (Gr oup ‘C’ post) Recruitment Rules, 2001 notified vide No. A. 12018/9/87-PAR(GS) dated 24th July, 2001 and published in Mizoram Gazette Extr aordina ry Issue No. 171 dated 27.07.2001 for consideration of non-funct ional promotion to higher grades of Conductors under S chool Education Department. Lalrinsanga, Joint Secretary to the Govt. of Mizoram, Dept t. of Personnel and Administrative Reforms. VOL - XLVIII Aizawl, Wednesday 24.7.2019 Shravana 2, S.E. 1941, Issue No. 504Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

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