Bills were introduced in Lok Sabha on 12th August, 2014 reg. The Juvenile Justice (Care and Protection of Children) Act, 2014, The Indian Institutes of Information Technology Act, 2014.

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—14 REGISTERED NO. DL—(N)04/0007/2003—14 vlk/kkj.k EXTRAORDINARY Hkkx [k.M II — 2 PART II—Section 2 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ ubZ fnYyh] eaxyokj] vxLr 12] 2014@ Jko.k 21] 1936 ¼'kd½ 28] No. 28] NEW DELHI, TUESDAY, AUGUST 12, 2014/SHRAVANA 21, 1936 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. LOK SABHA ———— The following Bills were introduced in Lok Sabha on 12th August, 2014:— BILL NO. 99 OF 2014 A Bill to consolidate and amend the law relating 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, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, hereinunder and for matters connected therewith or incidental thereto. WHEREAS, the provisions of the Constitution confer powers and impose duties, under clause (3) of article 15, clauses (e) and (f) of article 39, article 45 and article 47, on the State to ensure that all the needs of children are met and that their basic human rights are fully protected; AND WHEREAS, the Government of India has acceded on the 11th December, 1992 to the Convention on the Rights of the Child, adopted by the General Assembly of United Nations, which has prescribed a set of standards to be adhered to by all State parties in securing the best interest of the child;2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— AND WHEREAS, it is expedient to re-enact the Juvenile Justice (Care and Protection of Children) Act, 2000 to make comprehensive provisions for children alleged and found to be 56 of 2000. in conflict with law and children in need of care and protection, taking into consideration the standards prescribed in the Convention on the Rights of the Child, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (the Beijing Rules), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990), the Hague Convention on Protection of Children and Co-operation in Respect of Inter- country Adoption (1993), and other related international instruments. BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY Short title, 1. (1) This Act may be called the Juvenile Justice (Care and Protection of Children) extent, Act, 2014. commencement and (2) It extends to the whole of India except the State of Jammu and Kashmir. application. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. (4) Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall apply to all matters concerning children in need of care and protection and children in conflict with law, including — (i) apprehension, detention, prosecution, penalty or imprisonment, rehabilitation and social re-integration of children in conflict with law; (ii) procedures and decisions or orders relating to rehabilitation, adoption, re-integration, and restoration of children in need of care and protection. Definitions. 2. In this Act, unless the context otherwise requires,— (1) “abandoned child” means a child deserted by his biological or adoptive parents or guardians, who has been declared as abandoned by the Committee after due inquiry; (2) “adoption” means the process through which the adopted child is permanently separated from his biological parents and becomes the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to a legitimate child; (3) “adoption regulations” means the regulations framed by the Authority and notified by the Central Government in respect of adoption; (4) “administrator” means any district official not below the rank of Deputy Secretary to the State, on whom magisterial powers have been conferred; (5) “aftercare” means making provision of support, financial or otherwise, to persons, who have completed the age of eighteen years but have not completed the age of twenty-one years, and have left any institutional care to join the mainstream of the society; (6) “authorised foreign adoption agency” means a foreign social or child welfare agency that is authorised by the Central Adoption Resource Authority on the recommendation of their Central Authority or Government department of that country for sponsoring the application of non-resident Indian or overseas citizen of India or persons of Indian origin or foreign prospective adoptive parents for adoption of a child from India; (7) “Authority” means the Central Adoption Resource Authority constituted under section 69;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3 (8) “begging” means— (i) soliciting or receiving alms in a public place or entering into any private premises for the purpose of soliciting or receiving alms, under any pretence; (ii) exposing or exhibiting with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal; (9) “best interest of child” means the basis for any decision taken regarding the child, to ensure fulfilment of his basic rights and needs, identity, social well-being and physical, emotional and intellectual development; (10) “Board” means a Juvenile Justice Board constituted under section 4; (11) “Central Authority” means the Government department recognised as such under the Hague Convention on Protection of Children and Cooperation in Inter- country Adoption (1993); (12) “child” means a person who has not completed eighteen years of age; (13) “child in conflict with law” means a child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence; (14) “child in need of care and protection” means a child— (i) who is found without any home or settled place of abode and without any ostensible means of subsistence; or (ii) who is found working in contravention of labour laws for the time being in force or is found begging, or living on the street; or (iii) who resides with a person (whether a guardian of the child or not) and such person— (a) has injured, exploited, abused or neglected the child or has violated any other law for the time being in force meant for the protection of child; or (b) has threatened to kill, injure, exploit or abuse the child and there is a reasonable likelihood of the threat being carried out; or (c) has killed, abused, neglected or exploited some other child or children and there is a reasonable likelihood of the child in question being killed, abused, exploited or neglected by that person; or (iv) who is mentally ill or mentally or physically challenged or suffering from terminal or incurable disease, having no one to support or look after or having parents or guardians unfit to take care, if found so by the Board or the Committee; or (v) who has a parent or guardian and such parent or guardian is found to be unfit or incapacitated, by the Committee or the Board, to care for and protect the safety and well-being of the child; or (vi) who does not have parents and no one is willing to take care of, or whose parents have abandoned or surrendered him; or (vii) who is missing or run away child, or whose parents cannot be found after making reasonable inquiry in such manner as may be prescribed; or (viii) who is being or is likely to be abused, tortured or exploited for the purpose of sexual abuse or illegal acts; or (ix) who is found vulnerable and is likely to be inducted into drug abuse or trafficking; or4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (x) who is being or is likely to be abused for unconscionable gains ; or (xi) who is victim of or affected by any armed conflict, civil unrest or natural calamity; or (xii) who is at imminent risk of marriage before attaining the age of marriage and whose parents, family members, guardian and any other persons are likely to be responsible for solemnisation of such marriage; (15) “child friendly” means any behaviour, conduct, practice, process, attitude, environment or treatment that is humane, considerate and in the best interest of the child; (16) “child legally free for adoption” means a child declared as such by the Committee after making due inquiry under section 39; (17) “Child Welfare Officer” means an officer attached to a Children’s Home, for carrying out the directions given by the Committee or, as the case may be, the Board with such responsibility as may be prescribed; (18) “Child Welfare Police Officer” means an officer designated as such under sub-section (1) of section 108; (19) “Children’s Home” means a Children’s Home, established or maintained, in every district or group of districts, by the State Government, either by itself, or through a voluntary or non-governmental organisation, and is registered as such for the purposes specified in section 51; (20) “Children’s Court’’ means a court established under the Commissions for Protection of Child Rights Act, 2005 or a Special Court under the Protection of Children 4 of 2006. from Sexual Offences Act, 2012, wherever existing and where such courts have not 32 of 2012. been designated, the Court of Sessions having jurisdiction to try offences under the Act; (21) “child care institution” means Children Home, open shelter, observation home, special home, place of safety, Specialised Adoption Agency and a fit facility recognised under this Act for providing care and protection to children, who are in need of such services; (22) “Committee” means a Child Welfare Committee constituted under section 28; (23) “court” means a civil court, which has jurisdiction in matters of adoption and guardianship and may include the District Court, Family Court and City Civil Courts; (24) “corporal punishment” means the subjecting of a child by any person to physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming the child; (25) “childline services” means a twenty-four hours emergency outreach service for children in crisis which links them to emergency or long-term care and rehabilitation service; (26) “District Child Protection Unit” means a Child Protection Unit for a District, established by the State Government under section 107, which is the focal point to ensure the implementation of this Act and other child protection measures in the district; (27) “fit facility” means a facility being run by a governmental organisation or a registered voluntary or non-governmental organisation, prepared to temporarily own the responsibility of a particular child for a specific purpose, and such facility is recognised as fit for the said purpose, by the Committee, as the case may be, or the Board, under sub-section (1) of section 52;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5 (28) “fit person” means any person, prepared to own the responsibility of a child, for a specific purpose, and such person is identified after inquiry made in this behalf and recognised as fit for the said purpose, by the Committee or, as the case may be, the Board, to receive and take care of the child; (29) “foster care” means placement of a child, by the Committee for the purpose of alternate care in the domestic environment of a family, other than the child’s biological family, that has been selected, qualified, approved and supervised for providing such care; (30) “foster family” means a family found suitable by the District Child Protection Unit to keep children in foster care under section 45; (31) “guardian” in relation to a child, means his natural guardian or any other person having, in the opinion of the Committee or, as the case may be, the Board, the actual charge of the child, and recognised by the Committee or, as the case may be, the Board as a guardian in the course of proceedings; (32) “group foster care” means a family like care facility for children in need of care and protection who are without parental care, aiming on providing personalised care and fostering a sense of belonging and identity, through family like and community based solutions; (33) “heinous offences” includes the offences for which the minimum punishment 45 of 1860. under the Indian Penal Code or any other law for the time being in force is imprisonment for seven years or more; (34) “inter-country adoption” means adoption of a child from India by non- resident Indian or by a person of Indian origin or by a foreigner; (35) “juvenile” means a child below the age of eighteen years; (36) “narcotic drug” and “psychotropic substance” shall have the meanings, respectively, assigned to them in the Narcotic Drugs and Psychotropic Substances 61 of 1985. Act, 1985; (37) “no objection certificate” for inter-country adoption means a certificate issued by the Central Adoption Resource Authority for the said purpose; (38) “non-resident Indian” means a person who holds an Indian passport and is presently residing abroad for more than one year; (39) “notification” means the notification published in the Official Gazette of India, or as the case may be, in the Gazette of a State, and the expression “notify” shall be construed accordingly; (40) “observation home” means an observation home established and maintained in every district or group of districts by a State Government, either by itself, or through a voluntary or non-governmental organisation, and is registered as such, for the purposes specified in sub-section (1) of section 48; (41) “open shelter” means a facility for children, established and maintained by the State Government, either by itself, or through a voluntary or non-governmental organisation under sub-section (1) of section 44, and registered as such, for the purposes specified in that section; (42) “orphan” means a child— (i) who is without biological or adoptive parents or legal guardian; or (ii) whose legal guardian is not willing to take, or capable of taking care of the child;6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (43) “overseas citizen of India” means a person registered as such under the Citizenship Act, 1955; 57 of 1955. (44) “person of Indian origin” means a person, any of whose lineal ancestors is or was an Indian national, and who is presently holding a Person of Indian Origin Card issued by the Central Government; (45) “petty offences” includes the offences for which the maximum punishment under the Indian Penal Code or any other law for the time being in force is imprisonment 45 of 1860. up to three years; (46) “place of safety” means any place or institution, not being a police lockup or jail, established separately or attached to an observation home or a special home, as the case may be, the person in-charge of which is willing to receive and take care of the children alleged or found to be in conflict with law, by an order of the Board or the Children’s Court, both during inquiry and ongoing rehabilitation after having been found guilty for a period and purpose as specified in the order; (47) “prescribed” means prescribed by rules made under this Act; (48) “probation officer” means an officer appointed by the State Government as a probation officer under the Probation of Offenders Act, 1958 or the Legal-cum- 20 of 1958. Probation Officer appointed by the State Government under District Child Protection Unit; (49) “prospective adoptive parents” means a person or persons eligible to adopt a child as per the provisions of section 58; (50) “public place” shall have the same meaning assigned to it in the Immoral Traffic (Prevention) Act, 1956; 104 of 1956. (51) “registered”, with reference to child care institutions or agencies or facilities managed by the State Government, or a voluntary or non-governmental organisation, means observation homes, special homes, place of safety, children’s homes, open shelters or Specialised Adoption Agency or fit facility or any other institution that may come up in response to a particular need or agencies or facilities authorised and registered under section 42, for providing residential care to children, on a short-term or long-term basis; (52) “relative”, in relation to a child for the purpose of adoption under this Act, means a paternal uncle or aunt, or a maternal uncle or aunt, or paternal grandparent or maternal grandparent; (53) “State Agency” means the State Adoption Resource Agency set up by the State Government for dealing with adoption and related matters under section 68; (54) “serious offences” includes the offences for which the punishment under the Indian Penal Code or any other law for the time being in force, is imprisonment 45 of 1860. between three to seven years; (55) “special juvenile police unit” means a unit of the police force of a district or city or, as the case may be, any other police unit like railway police, dealing with children and designated as such for handling children under section 108; (56) “special home” means an institution established by a State Government or by a voluntary or non-governmental organisation, registered under section 49, for housing and providing rehabilitative services to children in conflict with law, who are found, through inquiry, to have committed an offence and are sent to such institution by an order of the Board; (57) “Specialised Adoption Agency” means an institution established by the State Government or by a voluntary or non-governmental organisation and recognisedSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7 under section 66, for housing orphans, abandoned and surrendered children, placed there by order of the Committee, for the purpose of adoption; (58) “sponsorship” means provision of supplementary support, financial or otherwise, to the families to meet the medical, educational and developmental needs of the child; (59) “State Government”, in relation to a Union territory, means the Administrator of that Union territory appointed by the President under article 239 of the Constitution; (60) “surrendered child” means a child, who is relinquished by the parent or guardian to the Committee, on account of physical, emotional and social factors beyond their control, and declared as such by the Committee; (61) all words and expressions used but not defined in this Act and defined in other Acts shall have the meanings respectively assigned to them in those Acts. CHAPTER II GENERAL PRINCIPLES OF CARE AND PROTECTION OF CHILDREN 3. The Central Government, the State Governments, the Board, and other agencies, as General the case may be, while implementing the provisions of this Act shall be guided by the principles to following fundamental principles, namely:–– be followed in administration (i) Principle of presumption of innocence: Any child shall be presumed to be an of Act. innocent of any mala fide or criminal intent up to the age of eighteen years. (ii) Principle of dignity and worth: All human beings shall be treated with equal dignity and rights. (iii) Principle of participation: Every child shall have a right to be heard and to participate in all processes and decisions affecting his interest and the child’s views shall be taken into consideration with due regard to the age and maturity of the child. (iv) Principle of best interest: All decisions regarding the child shall be based on the primary consideration that they are in the best interest of the child and to help the child to develop full potential. (v) Principle of family responsibility: The primary responsibility of care, nurture and protection of the child shall be that of the biological family or adoptive or foster parents, as the case may be. (vi) Principle of safety: All measures shall be taken to ensure that the child is safe and is not subjected to any harm, abuse or maltreatment while in contact with the care and protection system, and thereafter. (vii) Positive measures: All resources are to be mobilised including those of family and community, for promoting the well-being, facilitating development of identity and providing an inclusive and enabling environment, to reduce vulnerabilities of children and the need for intervention under this Act. (viii) Principle of non-stigmatising semantics: Adversarial or accusatory words are not to be used in the processes pertaining to a child. (ix) Principle of non-waiver of rights: No waiver of any of the right of the child is permissible or valid, whether sought by the child or person acting on behalf of the child, or a Board or a Committee and any non-exercise of a fundamental right shall not amount to waiver. (x) Principle of equality and non-discrimination: There shall be no discrimination against a child on any grounds including sex, caste, ethnicity, place of birth, disability or offence committed, and equality of access, opportunity and treatment shall be provided to every child.8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (xi) Principle of right to privacy and confidentiality: Every child shall have a right to protection of his privacy and confidentiality, by all means and throughout the judicial process. (xii) Principle of institutionalisation as a measure of last resort: A child shall be placed in institutional care as a step of last resort after making a reasonable inquiry. (xiii) Principle of repatriation and restoration: Every child in the juvenile justice system shall have the right to be re-united with his family at the earliest and to be restored to the same socio-economic and cultural status that he was in, before coming under the purview of this Act, unless such restoration and repatriation is not in his best interest. (xiv) Principle of fresh start: All past records of any child under the Juvenile Justice system should be erased except in special circumstances. (xv) Principle of diversion: Measures for dealing with children in conflict with law without resorting to judicial proceedings shall be promoted unless it is in the best interest of the child or the society as a whole. (xvi) Principles of natural justice: Basic procedural standards of fairness shall be adhered to, including the right to a fair hearing, rule against bias and the right to review, by all persons or bodies, acting in a judicial capacity under this Act. CHAPTER III JUVENILE JUSTICE BOARD Juvenile 4. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, 2 of 1974. Justice Board. the State Government shall, constitute for every district, one or more Juvenile Justice Boards for exercising the powers and discharging its functions relating to children in conflict with law under this Act. (2) A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of First Class not being Chief Metropolitan Magistrate or Chief Judicial Magistrate (hereinafter referred to as Principal Magistrate) with at least three years experience and two social workers from two different reputed non-governmental organisations selected in such manner as may be prescribed, of whom at least one shall be a woman, forming a Bench and every such Bench shall have the powers conferred by the Code of Criminal Procedure, 1973 on a 2 of 1974. Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of First Class. (3) No social worker shall be appointed as a member of the Board unless such person has been actively involved in health, education, or welfare activities pertaining to children for atleast seven years or a practicing professional with a degree in child psychology, psychiatry, sociology or law. (4) No person shall be eligible for selection as a member of the Board, if he –– (i) has any past record of violation of human rights or child rights; (ii) has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or has not been granted full pardon in respect of such offence; (iii) has been removed or dismissed from service of the Central Government or a State Government or an undertaking or corporation owned or controlled by the Central Government or a State Government; (iv) has ever indulged in child abuse or employment of child labour or any other violation of human rights or immoral act. (5) The State Government shall ensure that induction training and sensitisation of all members including Principal Magistrate of the Board on care, protection, rehabilitation, legal provisions and justice for children, as may be prescribed, is provided within a period of sixty days from the date of appointment.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9 (6) The term of office of the members of the Board and the manner in which such member may resign shall be such, as may be prescribed. (7) The appointment of any member of the Board, except the Principal Magistrate, may be terminated after holding an inquiry by the State Government, if he –– (i) has been found guilty of misuse of power vested under this Act; or (ii) fails to attend the proceedings of the Board consecutively for three months without any valid reason; or (iii) fails to attend less than three-fourths of the sittings in a year; or (iv) becomes ineligible under sub-section (4) during his term as a member. 5. Where an inquiry has been initiated in respect of any child under this Act, and Placement of during the course of such inquiry, the child completes the age of eighteen years, then, person, who cease to be a notwithstanding anything contained in this Act or in any other law for the time being in child during force, the inquiry may be continued by the Board and orders may be passed in respect of process of such person as if such person had continued to be a child. inquiry. 6. (1) Any person, who has completed eighteen years of age, but is below twenty-one Placement of years of age and is apprehended for committing an offence when he was below the age of persons, who committed an eighteen years, then, such person shall, subject to the provisions of this section, be treated offence, when as a child during the process of inquiry. person was below the age (2) The person referred to in sub-section (1), if not released on bail by the Board shall of eighteen be placed in a place of safety during the process of inquiry. years. (3) The person referred to in sub-section (1) shall be treated as per the procedure specified under the provisions of this Act. 7. Any person, who is apprehended after completing the age of twenty-one years Trial of a for committing any serious or heinous offence on or after the Commencement of this Act, person above age of when such person was between the age of sixteen to eighteen years, then, he shall, subject twenty-one to the provisions of this Act, be tried as an adult. years for committing any offence when he was a child. 8. (1) The Board shall meet at such times and shall observe such rules in regard to the Procedure in transaction of business at its meetings, as may be prescribed and shall ensure that all relation to Board. procedures are child friendly and that the venue is not intimidating to the child and does not resemble as regular courts. (2) A child in conflict with law may be produced before an individual member of the Board, when the Board is not in sitting. (3) A Board may act notwithstanding the absence of any member of the Board, and no order passed by the Board shall be invalid by the reason only of the absence of any member during any stage of proceedings: Provided that there shall be atleast two members including the Principal Magistrate present at the time of final disposal of the case or in making an order under sub-section (3) of section 19. (4) In the event of any difference of opinion among the members of the Board in the interim or final disposal, the opinion of the majority shall prevail, but where there is no such majority, the opinion of the Principal Magistrate, shall prevail. 9. (1) Notwithstanding anything contained in any other law for the time being in force Powers, but save as otherwise expressly provided in this Act, the Board constituted for any district functions and responsibilities shall have the power to deal exclusively with all the proceedings under this Act, relating to of the Board. children in conflict with law, in the area of jurisdiction of such Board.10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) The powers conferred on the Board by or under this Act may also be exercised by the High Court and the Children’s Court, when the proceedings come before them under section 20 or in appeal, revision or otherwise. (3) The functions and responsibilities of the Board shall include –– (a) ensuring the informed participation of the child and the parent or guardian, in every step of the process; (b) ensuring that the child’s rights are protected throughout the process of apprehending the child, inquiry, aftercare and rehabilitation; (c) ensuring availability of legal aid for the child through the legal services institutions; (d) wherever necessary the Board shall provide an interpreter or translator, having such qualifications, experience, and on payment of such fees as may be prescribed, to the child if he fails to understand the language used in the proceedings; (e) directing the Probation Officer, or in case a Probation Officer is not available to the Child Welfare Officer or a social worker, to undertake a social investigation into the case and submit a social investigation report within a period of fifteen days from the date of first production before the Board to ascertain the circumstances in which the alleged offence was committed; (f) adjudicate and dispose of cases of children in conflict with law in accordance with the process of inquiry specified in section 15; (g) transferring to the Committee, matters concerning the child alleged to be in conflict with law, stated to be in need of care and protection at any stage, thereby recognising that a child in conflict with law can also be a child in need of care simultaneously and there is a need for the Committee and the Board to be both involved; (h) disposing of the matter and passing a final order that includes an individual care plan for the child’s rehabilitation, including follow up by the Probation Officer or the District Child Protection Unit or a member of a non-governmental organisation, as may be required; (i) conducting inquiry for declaring fit persons regarding care of children in conflict with law; (j) conducting at least one inspection visit every month of residential facilities for children in conflict with law and recommend action for improvement in quality of services to the District Child Protection Unit and the State Government; (k) order the police for registration of first information report for offences committed against any child in conflict with law, under this Act or any other law for the time being in force, on a complaint made in this regard; (l) order the police for registration of first information report for offences committed against any child in need of care and protection, under this Act or any other law for the time being in force, on a written complaint by a Committee in this regard; (m) conducting regular inspection of jails meant for adults to check if any child is lodged in such jails and take immediate measures for transfer of such a child to the observation home; and (n) any other function as may be prescribed. Procedure to be 10. (1) When a Magistrate, not empowered to exercise the powers of the Board under followed by a this Act is of the opinion that the person alleged to have committed the offence and brought Magistrate who before him is a child, he shall, without any delay, record such opinion and forward the child has not been immediately along with the record of such proceedings to the Board having jurisdiction. empowered under this Act. (2) In case a person alleged to have committed an offence claims before a court other than a Board, that the person is a child or was a child on the date of commission of theSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11 offence, or if the court itself is of the opinion that the person was a child on the date of commission of the offence, the said court shall make an inquiry, take such evidence as may be necessary (but not an affidavit) to determine the age of such person, and shall record a finding on the matter, stating the age of the person as nearly as may be: Provided that such a claim may be raised before any court and it shall be recognised at any stage, even after final disposal of the case, and such a claim shall be determined in accordance with the provisions contained in this Act and the rules made thereunder even if the person has ceased to be a child on or before the date of commencement of this Act. (3) Subject to provisions of section 7, if the court finds that a person has committed an offence and was a child on the date of commission of such offence, it shall forward the child to the Board for passing appropriate orders and the sentence, if any, passed by the court shall be deemed to have no effect. (4) In case a person under this section is required to be kept in protective custody, while the person’s claim of being a child is being inquired into, such person may be placed, in the intervening period in a place of safety. CHAPTER IV PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAW 11. (1) As soon as a child alleged to be in conflict with law is apprehended by the Apprehension police, such child shall be placed under the charge of the special juvenile police unit or the of child alleged to be designated child welfare police officer, who shall produce the child before the Board without in conflict any loss of time but within a period of twenty-four hours of apprehending the child excluding with law. the time necessary for the journey, from the place where such child was apprehended: Provided that in no case, a child alleged to be in conflict with law shall be placed in a police lockup or lodged in a jail. (2) The State Government shall make rules consistent with this Act,— (i) to provide for persons through whom (including registered voluntary or non- governmental organisations) any child alleged to be in conflict with law may be produced before the Board; (ii) to provide for the manner in which the child alleged to be in conflict with law may be sent to an observation home or place of safety, as the case may be. 12. Any person in whose charge a child in conflict with law is placed, shall while the Role of order is in force, have responsibility of the said child, as if the said person was the child’s person in whose charge parent and responsible for the child’s maintenance: child in Provided that the child shall continue in such person’s charge for the period stated conflict with law is placed. by the Board, notwithstanding that the said child is claimed by the parents or any other person except when the Board is of the opinion that the parent or any other person are fit to exercise charge over such child. 13.(1) When any person, who is apparently a child and is alleged to have committed Bail to a a bailable or non-bailable offence, is apprehended or detained by the police or appears or person who is apparently a brought before a Board, such person shall, notwithstanding anything contained in the child alleged 2 of 1974. Code of Criminal Procedure, 1973 or in any other law for the time being in force, be released to be in on bail with or without surety or placed under the supervision of a probation officer or conflict with under the care of any fit person: law. Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person’s release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) When such person having been apprehended is not released on bail under sub- section (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until the person can be brought before a Board. (3) When such person is not released on bail under sub-section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order. (4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail. Information 14. (1) Where a child alleged to be in conflict with law is apprehended, the officer to parents, designated as Child Welfare Police Officer of the police station, or the special juvenile guardian or police unit to which such child is brought, shall, as soon as possible after apprehending the probation officer. child, inform — (i) the parent or guardian of such child, if they can be found, and direct them to be present at the Board before which the child is produced; and (ii) the probation officer, or if no probation officer is available, a Child Welfare Officer, for preparation and submission within two weeks to the Board, a social investigation report containing information regarding the antecedents and family background of the child and other material circumstances likely to be of assistance to the Board for making the inquiry. (2) Where a child is released on bail, the probation officer or the Child Welfare Officer shall be informed by the Board. Inquiry by 15. (1) Where a child alleged to be in conflict with law is produced before Board, the Board Board shall hold an inquiry in accordance with the provisions of this Act and may pass regarding such orders in relation to such child as it deems fit under sections 18 and 19 of this Act. child in conflict with (2) The inquiry under this section shall be completed within a period of four months law. from the date of first production of the child before the Board, unless the period is extended, for a maximum period of two more months by the Board, having regard to the circumstances of the case and after recording the reasons in writing for such extension. (3) A preliminary inquiry in case of heinous offences under section 16 shall be disposed of by the Board within a period of one month from the date of first production of the child before the Board. (4) If inquiry by the Board under sub-section (2) for petty or serious offences remains inconclusive even after the extended period, the proceedings shall stand terminated: Provided that for heinous offences, in case the Board requires further extension of time for completion of inquiry, the same shall be granted by the Chief Judicial Magistrate or, as the case may be, the Chief Metropolitan Magistrate, for reasons to be recorded in writing. (5) The Board shall take the following steps to ensure fair and speedy inquiry, namely:— (a) at the time of initiating the inquiry, the Board shall satisfy itself that the child in conflict with law has not been subjected to any ill-treatment by the police or by any other person, including a lawyer or probation officer and take corrective steps in case of such ill-treatment; (b) in all cases under the Act, the proceedings shall be conducted in simple manner as possible and care shall be taken to ensure that the child, against whom the proceedings have been instituted, is given child-friendly atmosphere during the proceedings;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 13 (c) every child brought before the Board shall be given the opportunity of being heard and participate in the inquiry; (d) cases of petty offences, shall be disposed of by the Board through summary proceedings, as per the procedure prescribed under the Code of Criminal Procedure, 1973; 2 of 1974. (e) inquiry of serious offences shall be disposed of by the Board, by following 2 of 1974. the procedure, for trial in summons cases under the Code of Criminal Procedure, 1973; (f) inquiry of heinous offences,— (i) for child below the age of sixteen years as on the date of commission of an offence shall be disposed of by the Board under clause (e); (ii) for child above the age of sixteen years as on the date of commission of an offence shall be dealt with in the manner prescribed under section 16. 16. (1) In case of a heinous offence committed by a child who has completed or is Preliminary above the age of sixteen years, the Board shall conduct a preliminary inquiry with regard to inquiry into heinous his mental and physical capacity to commit such offence, ability to understand the offences by consequences of the offence and the circumstances in which he committed the offence, and the Board. may pass an order in accordance with the provisions of sub-section (3) of section 19: Provided that for such an inquiry, the Board may take the assistance of experienced psychologists, psycho-social workers and other experts. (2) Where the Board is satisfied on preliminary inquiry that the matter should be disposed of by the Board, then the Board shall follow the procedure, as far as may be, for 2 of 1974. trial in summons case under the Code of Criminal Procedure, 1973: Provided that the inquiry under this section shall be completed within the period specified in section 15. 17. (1) The Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall Review of review the pendency of cases of the Board once in every three months, and shall direct the pendency of Board to increase the frequency of its sittings or may recommend the constitution of additional inquiry. Boards. (2) The number of cases pending before the Board, duration of such pendency, nature of pendency and reasons thereof shall be reviewed in every six months by a high level committee consisting of the Executive Chairperson of the State Legal Services Authority, who shall be the Chairperson, the Home Secretary, the Secretary responsible for the implementation of this Act in the State and a representative from a voluntary or non- governmental organisation to be nominated by the Chairperson. (3) The information of such pendency shall also be furnished by the Board to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate and the District Magistrate on quarterly basis in such form as may be prescribed by the State Government. 18. (1) Where a Board is satisfied on inquiry that the child brought before it has not Orders committed any offence, then notwithstanding anything contrary contained in any other law regarding a for the time being in force, the Board shall pass order to that effect. child not found to be in conflict with (2) In case it appears to the Board that the child referred to in sub-section (1) is in law. need of care and protection, it may refer the child to the Committee with appropriate directions. 19. (1) Where a Board is satisfied on inquiry that a child irrespective of age has Orders committed a petty offence, or a serious offence, or a child below the age of sixteen years has regarding child found to committed a heinous offence, then, notwithstanding anything contrary contained in any be in conflict other law for the time being in force, and based on the nature of offence, specific need for with law. supervision or intervention, circumstances as brought out in the social investigation report14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— and past conduct of the child, the Board may, if it so thinks fit,— (a) allow the child to go home after advice or admonition by following appropriate inquiry and counselling to such child and to his parents or the guardian; (b) direct the child to participate in group counselling and similar activities; (c) order the child to perform community service under the supervision of an organisation or institution, or a specified person, persons or group of persons identified by the Board; (d) order the child or parents or the guardian of the child to pay fine: Provided that, in case the child is working, it may be ensured that the provisions of any labour law for the time being in force are not violated; (e) direct the child to be released on probation of good conduct and placed under the care of any parent, guardian or fit person, on such parent, guardian or fit person executing a bond, with or without surety, as the Board may require, for the good behaviour and child’s well-being for any period not exceeding three years; (f) direct the child to be released on probation of good conduct and placed under the care and supervision of any fit facility for ensuring the good behaviour and child’s well-being for any period not exceeding three years; (g) direct the child to be sent to a special home, for such period, not exceeding three years, as it thinks fit, for providing reformative services including education, skill development, counselling, behaviour modification therapy, and psychiatric support during the period of stay in the special home: Provided that if the conduct and behaviour of the child has been such that, it would not be in the child’s interest, or in the interest of other children housed in a special home, the Board may send such child to the place of safety. (2) If an order is passed under clauses (a) to (g) of sub-section (1), the Board may, in addition pass orders to— (i) attend school; or (ii) attend a vocational training centre; or (iii) attend a therapeutic centre; or (iv) prohibit the child from visiting, frequenting or appearing at a specified place; or (v) undergo a de-addiction programme. (3) Where the Board after preliminary inquiry under section 16 comes to the conclusion that there is a need for further trial of the said child as an adult, then the Board may order transfer of the trial of the case to the Children’s Court having jurisdiction to try such offences. Powers of 20. (1) After the receipt of preliminary inquiry from the Board under section 16, the Children’s Children´s Court may decide that— Court. (i) there is a need for trial of the child as an adult as per the provisions of the Code of Criminal Procedure, 1973 and pass appropriate orders after trial subject to the 2 of 1974. provisions of this section and section 22; or (ii) there is no need for trial of the child as an adult and may conduct an inquiry as a Board and pass appropriate orders in accordance with the provisions of section 18.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 15 (2) The Children’s Court shall ensure that the final order, with regard to a child in conflict with law, shall include an individual care plan for the rehabilitation of child, including follow up by the probation officer or the District Child Protection Unit or a social worker. (3) The Children’s Court shall ensure that the child who is found to be in conflict with law is sent to a place of safety till he attains the age of twenty-one years and thereafter, the person shall be transferred to a jail: Provided that the reformative services including educational services, skill development, alternative therapy such as counselling, behaviour modification therapy, and psychiatric support shall be provided to the child during the period of his stay in the place of safety. (4) The Children’s Court shall ensure that there is a periodic follow up report every year by the probation officer or the District Child Protection Unit or a social worker, as required, to evaluate the progress of the child in the place of safety and to ensure that there is no ill-treatment to the child in any form. (5) The reports under sub-section (4) shall be forwarded to the Children´s Court for record and follow up, as may be required. 21. (1) When the child in conflict with the law attains the age of twenty-one years and Child attained is yet to complete the term of stay, the Children´s Court shall provide for a follow up by the age of probation officer or the District Child Protection Unit or a social worker or by itself, as twenty-one years and yet required, to evaluate if such child has undergone reformative changes and if the child can to complete be a contributing member of the society and for this purpose the progress records of the prescribed child under sub-section (4) of section 20, along with evaluation of relevant experts are to be term of stay taken into consideration. in place of safety. (2) After the completion of the procedure specified under sub-section (1), the Children’s Court may— (i) decide to release the child on such conditions as it deems fit which includes appointment of a monitoring authority for the remainder of the prescribed term of stay; (ii) decide that the child shall complete the remainder of his term in a jail: Provided that each State Government shall maintain a list of monitoring authorities and monitoring procedures as may be prescribed. 22. No child in conflict with law shall be sentenced to death or for life imprisonment Order that without the possibility of release, for any such offence, either under the provisions of this may not be passed against 45 of 1860. Act or under the provisions of the Indian Penal Code or any other law for the time being in a child in force. conflict with law. 23. Notwithstanding anything to the contrary contained in the Code of Criminal Proceeding under Chapter 2 of 1974. Procedure, 1973, or any preventive detention law for the time being in force, no proceeding VIII of the shall be instituted and no order shall be passed against any child under Chapter VIII of the Code of said Code. Criminal Procedure not to apply against child. 24. (1) Notwithstanding anything contained in section 223 of the Code of Criminal No joint proceedings 2 of 1974. Procedure, 1973 or in any other law for the time being in force, there shall be no joint of child in proceedings of a child alleged to be in conflict with law, with a person who is not a child. conflict with law and (2) If during the inquiry by the Board or by the Children’s Court, the person alleged to person not a be in conflict with law is found that he is not a child, such person shall not be tried along child. with a child.16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Removal of 25. (1) Notwithstanding anything contained in any other law for the time being in disqualification force, a child who has committed an offence and has been dealt with under the provisions on the findings of this Act shall not suffer disqualification, if any, attached to a conviction of an offence of an offence. under such law. (2) The Board shall make an order directing the Police or the Children’s Court and its own registry that the relevant records of such conviction shall be destroyed after the expiry of the period of appeal or, as the case may be, a reasonable period as may be prescribed. (3) In case of a heinous offence when such a case is transferred to a Children’s Court under section 19, the Children’s Court shall keep the record of the child only when the child is sent to a jail. Special 26. Notwithstanding anything contained in this Act, all proceedings in respect of a provision in child alleged or found to be in conflict with law pending before any Board or court on the respect of date of commencement of this Act, shall be continued in that Board or court as if this Act pending cases. had not been enacted. Provision 27. (1) Notwithstanding anything to the contrary contained in any other law for the with respect time being in force, any police officer may take charge of a child in conflict with law who has of run away run away from a special home or an observation home or a place of safety or from the care child in of a person or institution under whom the child was placed under this Act. conflict with law. (2) The child referred to in sub-section (1) shall be produced, within twenty four hours, preferably before the Board which passed the original order in respect of that child, if possible, or to the nearest Board where the child is found. (3) The Board shall ascertain the reasons for the child having run away and pass appropriate orders for the child to be sent back either to the institution or person from whose custody the child had run away or any other similar place or person, as the Board may deem fit: Provided that the Board may also give additional directions regarding any special steps that may be deemed necessary, for the best interest of the child. (4) No additional proceeding shall be instituted in respect of such child. CHAPTER V CHILD WELFARE COMMITTEE Child Welfare 28. (1) The State Government shall by notification in the Official Gazette constitute Committee. for every district, one or more Child Welfare Committees for exercising the powers and to discharge the duties conferred on such Committees in relation to children in need of care and protection under this Act and ensure that induction training and sensitisation of all members of the committee is provided within two months from the date of notification. (2) The Committee shall consist of a Chairperson, and four other members as the State Government may think fit to appoint, of whom atleast one shall be a woman and another, an expert on the matters concerning children. (3) The District Child Protection Unit shall provide a Secretary and other staff that may be required for secretarial support to the Committee for its effective functioning. (4) No person shall be appointed as a member of the Committee unless such person has been actively involved in health, education or welfare activities pertaining to children for atleast seven years or is a practicing professional with a degree in child psychology or psychiatry or law or social work or sociology or human development. (5) No person shall be appointed as a member unless he possesses such other qualifications as may be prescribed. (6) No person shall be appointed for a period of more than three years as a member of the Committee.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 17 (7) The appointment of any member of the Committee shall be terminated by the State Government after making an inquiry, if— (i) he has been found guilty of misuse of power vested on him under this Act; (ii) he has been convicted of an offence involving moral turpitude and such conviction has not been reversed or he has not been granted full pardon in respect of such offence; (iii) he fails to attend the proceedings of the Committee consecutively for three months without any valid reason or he fails to attend less than three-fourths of the sittings in a year. (8) The District Magistrate shall conduct a quarterly review of the functioning of the Committee. (9) The Committee shall function as a Bench and shall have the powers conferred by 2 of 1974. the Code of Criminal Procedure, 1973 on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of First Class. (10) The District Magistrate shall be the grievances redressal authority for the Child Welfare Committee and anyone connected with the child, may file a petition before the District Magistrate, who shall consider and pass appropriate orders. 29. (1) The Committee shall meet at least twenty days in a month and shall observe Procedure in such rules and procedures with regard to the transaction of business at its meetings, as may relation to Committee. be prescribed. (2) A visit to an existing child care institution by the Committee, to check its functioning and well being of children shall be considered as a sitting of the Committee. (3) A child in need of care and protection may be produced before an individual member of the Committee for being placed in a Children’s Home or fit person when the Committee is not in session. (4) In the event of any difference of opinion among the members of the Committee at the time of taking any decision, the opinion of the majority shall prevail but where there is no such majority, the opinion of the Chairperson shall prevail. (5) Subject to the provisions of sub-section (1), the Committee may act, notwithstanding the absence of any member of the Committee, and no order made by the Committee shall be invalid by reason only of the absence of any member during any stage of the proceeding: Provided that there shall be atleast three members present at the time of final disposal of the case. 30. (1) The Committee shall have the authority to dispose of cases for the care, Powers of protection, treatment, development and rehabilitation of children in need of care and Committee. protection, as well as to provide for their basic needs and protection. (2) Where a Committee has been constituted for any area, such Committee shall, notwithstanding anything contained in any other law for the time being in force, but save as otherwise expressly provided in this Act, have the power to deal exclusively with all proceedings under this Act relating to children in need of care and protection. 31. The functions and responsibilities of the Committee shall include— Functions and responsibilities (i) taking cognizance of and receiving the children produced before it; of Committee. (ii) conducting inquiry on all issues relating to and affecting the safety and well- being of the children under this Act; (iii) directing the Child Welfare Officers or probation officers or District Child Protection Unit or non-governmental organisations to conduct social investigation and submit a report before the Committee;18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (iv) conducting inquiry for declaring “fit persons” for care of children in need of care and protection; (v) directing placement of a child in foster care; (vi) ensuring care, protection, appropriate rehabilitation or restoration of children in need of care and protection, based on the child’s individual care plan and passing necessary directions to parents or guardians or fit persons or children’s homes or fit facility in this regard; (vii) selecting registered institution for placement of each child requiring institutional support, based on the child’s age, gender, disability and needs and keeping in mind the available capacity of the institution; (viii) conducting atleast two inspection visits per month of residential facilities for children in need of care and protection and recommending action for improvement in quality of services to the District Child Protection Unit and the State Government; (ix) certifying the execution of the surrender deed by the parents and ensuring that they are given time to reconsider their decision as well as making all efforts to keep the family together; (x) ensuring that all efforts are made for restoration of abandoned or lost children to their families following due process, as may be prescribed; (xi) declaration of orphan, abandoned and surrendered child as legally free for adoption after due inquiry; (xii) taking suo motu cognizance of cases and reaching out to children in need of care and protection, who are not produced before the Committee, provided that such decision is taken by atleast three members; (xiii) taking action for rehabilitation of sexually abused children who are reported as children in need of care and protection to the Committee by Special Juvenile Police Unit or local police, as the case may be, under the Protection of Children from Sexual Offences Act, 2012; 32 of 2012. (xiv) dealing with cases referred by the Board under sub-section (2) of section 18; (xv) co-ordinate with the police, labour department and other agencies involved in the care and protection of children with support of the District Child Protection Unit or the State Government; (xvi) in case of a complaint of abuse of a child in any child care institution, the Committee shall conduct an inquiry and give directions to the police or the District Child Protection Unit or labour department or childline services, as the case may be; (xvii) accessing appropriate legal services for children; (xviii) such other functions and responsibilities, as may be prescribed. CHAPTER VI PROCEDURE IN RELATION TO CHILDREN IN NEED OF CARE AND PROTECTION Production 32. (1) Any child in need of care and protection may be produced before the Committee before by any of the following persons, namely:— Committee. (i) any police officer or special juvenile police unit or a designated Child Welfare Police Officer or any officer of District Child Protection Unit or inspector appointed under any labour law for the time being in force; (ii) any public servant;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 19 (iii) Childline Services or any voluntary or non-governmental organisation or any agency as may be recognised by the State Government; (iv) Child Welfare Officer or probation officer; (v) any social worker or a public spirited citizen; (vi) by the child himself; or (vii) any nurse, doctor or management of a nursing home, hospital or maternity home: Provided that the child shall be produced before the Committee without any loss of time but within a period of twenty-four hours excluding the time necessary for the journey. (2) The State Government may make rules consistent with this Act, to provide for the manner of submitting the report to the Committee and the manner of sending and entrusting the child to children’s home or fit facility or fit person, as the case may be, during the period of the inquiry. 33. (1) Any individual or a police officer or any functionary of any organisation or a Mandatory nursing home or hospital or maternity home, who or which finds and takes charge, or is reporting regarding a handed over a child who appears or claims to be abandoned or lost, or a child who appears child found or claims to be an orphan without family support, shall within twenty-four hours (excluding separated the time necessary for the journey), give information to the Childline Services or the nearest from police station or to a Child Welfare Committee or to the District Child Protection Unit, or guardian. hand over the child to a child care institution registered under this Act, as the case may be. (2) The information regarding a child referred to in sub-section (1) shall be mandatorily uploaded on a portal as may be specified by the Central Government or the Committee or the District Child Protection Unit or the child care institution, as the case may be. 34. If information regarding a child as required under section 33 is not given within Offence of the period specified in the said section, then, such act shall be regarded as an offence. non- reporting. 35. Any person who has committed an offence under section 34 shall be liable to Penalty for imprisonment up to six months or fine of ten thousand rupees or both. non- reporting. 36. (1) A parent or guardian, who for physical, emotional and social factors beyond Surrender of their control, wishes to surrender a child, shall produce the child before the Committee. children. (2) If, after prescribed process of inquiry and counselling, the Committee is satisfied, a surrender deed shall be executed by the parent or guardian, as the case may be, before the Committee. (3) The parents or guardian who surrendered the child, shall be given one month time to reconsider their decision and in the intervening period the Committee shall either allow, after due inquiry, the child to be with the parents or guardian under supervision, or place the child in a Specialised Adoption Agency, if he or she is below six years of age, or a children’s home if he is above six years. 37. (1) On production of a child or receipt of a report under section 32, the Committee Inquiry. shall hold an inquiry in such manner as may be prescribed and the Committee, on its own or on the report from any person or agency as specified in sub-section (2) of section 32, may pass an order to send the child to the children’s home or shelter home or a fit facility or fit person, and for speedy social investigation by a social worker or Child Welfare Officer or Child Welfare Police Officer: Provided that all children below six years of age, who are orphan, surrendered or appear to be abandoned shall be placed in a Specialised Adoption Agency, where available.20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) The social investigation shall be completed within fifteen days so as to enable the Committee to pass final order within four months of first production of the child: Provided that for orphan, abandoned or surrendered children, the time for completion of inquiry shall be as specified in section 39. (3) After the completion of the inquiry, if Committee is of the opinion that the said child has no family or ostensible support or is in continued need of care and protection, it may send the child to a Specialised Adoption Agency if the child is below six years of age, children’s home or to a fit facility or person or foster family, till suitable means of rehabilitation are found for the child, as may be prescribed, or till the child attains the age of eighteen years: Provided that the situation of the child placed in a children’s home or with a fit facility or person or a foster family, shall be reviewed by the Committee, as may be prescribed. (4) The Committee shall submit a quarterly report on the nature of disposal of cases and pendency of cases to the District Magistrate in the manner as may be prescribed, for review of pendency of cases. (5) After review under sub-section (4), the District Magistrate shall direct the Committee to take necessary remedial measures to address the pendency, if necessary and send a report of such reviews to the State Government, who may cause the constitution of additional Committees, if required: Provided that if the pendency of cases continues to be unaddressed by the Committee even after three months of receiving such directions, the State Government shall terminate the said Committee and shall constitute a new Committee. (6) In anticipation of termination of the Committee and in order that no time is lost in constituting a new Committee, the State Government shall maintain a standing panel of eligible persons to be appointed as members of the Committee. (7) In case of any delay in the constitution of a new Committee under sub-section (5), the Child Welfare Committee of a nearby district shall assume responsibility in the intervening period. Orders passed 38. The Committee on being satisfied through the inquiry that the child before the regarding a Committee is a child in need of care and protection, may, on consideration of Social child in need of care and Investigation Report submitted by Child Welfare Officer and taking into account the child’s protection. wishes in case the child is sufficiently mature to take a view, pass one or more of the following orders, namely:— (a) declaration that a child is in need of care and protection; (b) restoration of the child to parents or guardian or family with or without supervision of Child Welfare Officer or designated social worker; (c) placement of the child in Children’s Home or fit facility or Specialised Adoption Agency for the purpose of adoption for long term or temporary care, keeping in mind the capacity of the institution for housing such children, either after reaching the conclusion that the family of the child cannot be traced or even if traced, restoration of the child to the family is not in the best interest of the child; (d) placement of the child with fit person for long term or temporary care; (e) foster care orders under section 45; (f) sponsorship orders under section 46; (g) directions to persons or institutions or facilities in whose care the child is placed, regarding care, protection and rehabilitation of the child, including directions relating to immediate shelter and services such as medical attention, psychiatric and psychological support including need-based counselling, occupational therapy orSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 21 behaviour modification therapy, skill training, legal aid, educational services, and other developmental activities, as required, as well as follow-up and coordination with the District Child Protection Unit or State Government and other agencies; (h) declaration that the child is legally free for adoption under section 39. (2) The Committee may also pass orders for — (i) declaration of fit persons for foster care; (ii) getting one time after care support under section 47 of the Act; or (iii) any other order related to any other function as may be prescribed. 39. (1) In case of orphan and abandoned child, the Committee shall make all efforts for Procedure for tracing the parents or guardians of the child and on completion of such inquiry, if it is declaring a established that the child is either an orphan having no one to take care, or abandoned, the child legally free for Committee shall declare the child legally free for adoption: adoption. Provided that such declaration shall be made within a period of two months from the date of production of the child, for children who are up to two years of age and within four months for children above two years of age: Provided further that notwithstanding anything contained in this regard in any other law for the time being in force, no first information report shall be registered against any biological parent in the process of inquiry relating to an abandoned or surrendered child under this Act. (2) In case of surrendered child, the institution where the child has been placed by the Committee on an application for surrender, shall bring the case before the Committee immediately on completion of the period specified in section 36, for declaring the child legally free for adoption. (3) Notwithstanding anything contained in any other law for the time being in force, a child of a mentally retarded parents or a unwanted child of victim of sexual assault, such child may be declared free for adoption by the Committee, by following the procedure under this Act. (4) The decision to declare an orphan, abandoned or surrendered child as legally free for adoption shall be taken by at least three members of the Committee. (5) The Committee shall inform the State Agency and the Authority regarding the number of children declared as legally free for adoption and number of cases pending for decision in the manner as may be prescribed, every month. CHAPTER VII REHABILITATION AND SOCIAL RE-INTEGRATION 40. (1) The process of rehabilitation and social integration of children under this Act Process of shall be undertaken, based on the individual care plan of the child, preferably through rehabilitation and social re- family based care such as by restoration to family or guardian with or without supervision integration. or sponsorship, or adoption or foster care: Provided that all efforts shall be made to keep siblings placed in institutional or non- institutional care, together, unless it is in their best interest not to be kept together. (2) For children in conflict with law the process of rehabilitation and social integration shall be undertaken in the observation homes, if the child is not released on bail or in special homes or place of safety or fit facility or with a fit person, if placed there by the order of the Board. (3) The children in need of care and protection who are not placed in families for any reason may be placed in an institution registered for such children under this Act or with a22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— fit person or a fit facility, on a temporary or long-term basis, and the process of rehabilitation and social integration shall be undertaken wherever the child is so placed. (3) The children in need of care and protection who are leaving institutional care or children in conflict with law leaving special homes on attaining eighteen years of age, may be provided financial support as specified in section 47, to help them to re-integrate into the mainstream of the society. Restoration 41. (1) The restoration and protection of a child shall be the prime objective of any of child in Children’s Home, Specialised Adoption Agency or open shelter. need of care and (2) The Children’s Home, Specialised Adoption Agency or an open shelter, as the case protection. may be, shall take such steps as are considered necessary for the restoration and protection of a child deprived of his family environment temporarily or permanently where such child is under their care and protection. (3) The Committee shall have the powers to restore any child in need of care and protection to his parents, guardian or fit person, as the case may be, after determining the suitability of the parents or guardian or fit person to take care of the child, and give them suitable directions. Explanation.—For the purposes of this section, “restoration and protection of a child” means restoration to— (a) parents; (b) adoptive parents; (c) foster parents; (d) guardian; or (e) fit person. Registration 42. (1) Notwithstanding anything contained in any other law for the time being in of child care force, all institutions, whether run by a State Government or by voluntary or non-governmental institutions. organisations, which are meant, either wholly or partially, for housing children in need of care and protection or children in conflict with law, shall, be registered under this Act in such manner as may be prescribed, within a period of six months from the date of commencement of this Act, regardless of whether they are receiving grants from the Central Government or, as the case may be, the State Government or not: Provided that the institutions having valid registration under the Juvenile Justice (Care and Protection of Children) Act, 2000 on the date of commencement of this Act shall 56 of 2000. be deemed to have been registered under this Act. (2) At the time of registration under this section, the State Government shall determine and record the capacity and purpose of the institution and shall register the institution as a Children’s Home or open shelter or Specialised Adoption Agency or observation home or special home or place of safety, as the case may be. (3) On receipt of application for registration under sub-section (1), from an existing or new institution housing children in need of care and protection of children in conflict with law, the State Government may grant provisional registration, within one month from the date of receipt of application, for a maximum period of six months, in order to bring such institution under the purview of this Act, and shall determine the capacity of the Home which shall be mentioned in the registration certificate: Provided that if the said institution does not fulfill the prescribed criteria for registration, within the period specified in sub-section (1), the provisional registration shall stand cancelled and the provisions of sub-section (5) shall apply.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 23 (4) If the State Government does not issue a provisional registration certificate within one month from the date of application, the proof of receipt of application for registration shall be treated as provisional registration to run an institution for a maximum period of six months. (5) If the application for registration is not disposed of within six months by any officer or officers of any State Government, it shall be regarded as dereliction of duty on their part by their higher controlling authority and appropriate departmental proceedings shall be initiated. (6) The period of registration of an institution shall be five years, and it shall be subject to renewal in every five years. (7) The State Government may, after following the procedure as may be prescribed, cancel or withhold registration, as the case may be, of such institutions which fail to provide rehabilitation and reintegration services as specified in section 54 and till such time that the registration of an institution is renewed or granted, the State Government shall manage the institution. (8) Any child care institution registered under this section shall be duty bound to admit children, subject to the capacity of the institution, as directed by the Committee, whether they are receiving grants from the Central Government or, as the case may be, the State Government or not. (9) Notwithstanding anything contained in any other law for the time being in force, the inspection committee appointed under section 55, shall have the powers to inspect any institution housing children, even if not registered under this Act to determine whether such institution is housing children in need of care and protection. 43. Any person, or persons, in-charge of an institution housing children in need of Penalty for care and protection and children in conflict with law, who fails to comply with the provisions non- registration of of sub-section (1) of section 42, shall be punished with imprisonment which may extend to child care one year or a fine of not less than one lakh rupees or both: institutions. Provided that every thirty days delay in applying for registration shall be considered as a separate offence. 44. (1) The State Government may establish and maintain, by itself or through Open shelter. voluntary or non-governmental organisations, as many open shelters as may be required, and such open shelters shall be registered as such, in the manner as may be prescribed. (2) The open shelters referred to in sub-section (1) shall function as a community based facility for children in need of residential support, on short term basis, with the objective of protecting them from abuse or weaning them, or keeping them, away from a life on the streets. (3) The open shelters shall send every month information, in the manner as may be prescribed, regarding children availing the services of the shelter, to the District Child Protection Unit and the Committee. 45. (1) The children in need of care and protection may be placed in foster care, Foster care. including group foster care for their care and protection through orders of the Committee, after following the procedure as may be prescribed in this regard, in a family which does not include the child’s biological or adoptive parents or in an unrelated family recognised as suitable for the purpose by the State Government, for a short or extended period of time. (2) The selection of the foster family shall be based on family’s ability, intent, capacity and prior experience of taking care of children. (3) All efforts shall be made to keep siblings together in foster families, unless it is in their best interest not to be kept together.24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (4) The State Government, after taking into account the number of children, shall provide monthly funding for such foster care through District Child Protection Unit after following the procedure, as may be prescribed, for inspection to ensure well being of the children. (5) In cases where children have been placed in foster care for the reason that their parents have been found to be unfit or incapacitated by the Committee, the child’s parents may visit the child in the foster family at regular intervals, unless the Committee feels that such visits are not in the best interest of the child, for reasons to be recorded therefor; and eventually, the child may return to the parent’s homes once the parents are determined by the Committee to be fit to take care of the child. (6) The foster family shall be responsible for providing education, health and nutrition to the child and shall ensure the overall well being of the child in such manner, as may be prescribed. (7) The State Government may make rules for the purpose of defining the procedure, criteria and the manner in which foster care services shall be provided for children. (8) The inspection of foster families shall be conducted every month by the Committee in the form as may be prescribed to check the well-being of the child and whenever a foster family is found lacking in taking care of the child, the child shall be removed from that foster family and shifted to another foster family as the Committee may deem fit. (9) No child regarded as adoptable by the Committee shall be given for long-term foster care. Sponsorship. 46. (1) The State Government shall make rules for the purpose of undertaking various programmes of sponsorship of children, such as individual to individual sponsorship, group sponsorship or community sponsorship. (2) The criteria for sponsorship shall include,— (i) where mother is a widow or divorced or abandoned by family; (ii) where children are orphan and are living with the extended family; (iii) where parents are victims of life threatening disease; (iv) where parents are incapacitated due to accident and unable to take care of children both financially and physically. (3) The duration of sponsorship shall be such as may be prescribed. (4) The sponsorship programme may provide supplementary support to families, to Children’s Homes and to special homes to meet medical, nutritional, educational and other needs of the children, with a view to improving their quality of life. After care of 47. Any child leaving a child care institution on completion of eighteen years of age children may be provided with a one-time financial support in order to facilitate child’s re-integration leaving child into the mainstream of the society in the manner as may be prescribed. care institution. Observation 48. (1) The State Government shall establish and maintain in every district or a group homes. of districts, either by itself, or through voluntary or non-governmental organisations, observation homes, which shall be registered under section 42 of this Act, for temporary reception, care and rehabilitation of any child alleged to be in conflict with law, during the pendency of any inquiry under this Act. (2) Where the State Government is of the opinion that any registered institution other than a home established or maintained under sub-section (1), is fit for the temporary reception of such child alleged to be in conflict with law during the pendency of any inquiry under this Act, it may register such institution as an observation home for the purposes of this Act.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 25 (3) The State Government may, by rules made under this Act, provide for the management and monitoring of observation homes, including the standards and various types of services to be provided by them for rehabilitation and social integration of a child alleged to be in conflict with law and the circumstances under which, and the manner in which, the registration of an observation home may be granted or withdrawn. (4) Every child alleged to be in conflict with law who is not placed under the charge of parent or guardian and is sent to an observation home shall be segregated according to the child’s age and gender, after giving due consideration to physical and mental status of the child and degree of the offence committed. 49. (1) The State Government may establish and maintain either by itself or through Special voluntary or non-governmental organisations, special homes, which shall be registered as homes. such, in the manner as may be prescribed, in every district or a group of districts, as may be required for rehabilitation of those children in conflict with law who are found to have committed an offence and who are placed there by an order of the Juvenile Justice Board made under section 19. (2) The State Government may, by rules, provide for the management and monitoring of special homes, including the standards and various types of services to be provided by them which are necessary for social re-integration of a child, and the circumstances under which, and the manner in which, the registration of a special home may be granted or withdrawn. (3) The rules made under sub-section (2) may also provide for the segregation and separation of children found to be in conflict with law on the basis of age, gender, the nature of offence committed by them and the child’s mental and physical status. 50. (1) The State Government shall set up atleast one place of safety in a State Place of registered under section 42, so as to place a person above the age of eighteen years or child safety. in conflict with law, who is between the age of sixteen to eighteen years and is accused of or convicted for committing a heinous offence. (2) Every place of safety shall have separate arrangement and facilities for stay of such children or persons during the process of inquiry and children or persons convicted of committing an offence. (3) The State Government may, by rules, prescribe the types of places that can be designated as place of safety under sub-section (1) and the facilities and services that may be provided therein. 51. (1) The State Government may establish and maintain, in every district or group of Children’s districts, either by itself or through voluntary or non-governmental organisations, Children’s Home. Homes, which shall be registered as such, for the placement of children in need of care and protection for their care, treatment, education, training, development and rehabilitation. (2) The State Government shall designate any Children’s Home as a home fit for children with special needs delivering specialised services, depending on requirement. (3) The State Government may, by rules, provide for the monitoring and management of Children’s Homes including the standards and the nature of services to be provided by them, based on individual care plans for each child. 52. (1) The Board or the Committee shall recognise a facility being run by a Fit facility. Governmental organisation or a voluntary or non-governmental organisation registered under any law for the time being in force to be fit to temporarily take the responsibility of a child for a specific purpose after due inquiry regarding the suitability of the facility and the organisation to take care of the child in such manner as may be prescribed. (2) The Board or the Committee may withdraw the recognition under sub-section (1) for reasons to be recorded in writing.26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Fit person. 53. (1) The Board or the Committee shall, after due verification of credentials, recognise any person fit to temporarily receive a child for care, protection and treatment of such child for a specified period and in the manner as may be prescribed. (2) The Board or Committee, as the case may be, may withdraw the recognition granted under sub-section (1) for reasons to be recorded in writing. 54. (1) The services that shall be provided, by the institutions registered under this Rehabilitation and re- Act in the process of rehabilitation and re-integration of children, shall be in such manner as integration may be prescribed, which may include— services in institutions (i) basic requirements such as food, shelter, clothing and medical attention as registered per the prescribed standards; under this Act and (ii) equipment such as wheel-chairs, prosthetic devices, hearing aids, braille management kits, or any other suitable aids and appliances as required, for children with special thereof. needs; (iii) appropriate education, including supplementary education, special education, and appropriate education for children with special needs: Provided that for children between the age of six to fourteen years, the provisions of the Right of Children to Free and Compulsory Education Act, 2009 shall 35 of 2009. apply; (iv) skill development; (v) occupational therapy and life skill education; (vi) mental health interventions, including counselling specific to the need of the child; (vii) recreational activities including sports and cultural activities; (viii) legal aid where required; (ix) referral services for education, vocational training, de-addiction, treatment of diseases where required; (x) case management including preparation and follow up of individual care plan; (xi) birth registration; (xii) assistance for obtaining the proof of identity, where required; and (xiii) any other service that may reasonably be provided in order to ensure the well-being of the child, either directly by the State Government, registered or fit individuals or institutions or through referral services. (2) Every institution shall have a Management Committee, to be set up in a manner as may be prescribed, to manage the institution and monitor the progress of every child. (3) The officer in-charge of every institution, housing children above six years of age, shall facilitate setting up of children’s committees for participating in such activities as may be prescribed, for the safety and well-being of children in the institution. Inspection of 55. (1) The State Government shall appoint inspection committees for the State and institutions district, as the case may be, for all institutions registered or recognised to be fit under this registered Act for such period and for such purposes, as may be prescribed. under this Act. (2) Such inspection committees shall mandatorily conduct visits to all facilities housing children in the area allocated, at least once in three months in a team of not less than three members, of whom at least one shall be a woman and one shall be a medical officer, and submit reports of the findings of such visits within a week of their visit, to the District Child Protection Units or State Government, as the case may be, for further action.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 27 (3) On the submission of the report by the inspection committee within a week of the inspection, appropriate action shall be taken within a month by the District Child Protection Unit or the State Government and a compliance report shall be submitted to the State Government. 56. (1) The Central Government or State Government may independently evaluate the Evaluation of functioning of the Board, Committee, special juvenile police units, registered institutions, functioning of or recognised fit facilities and persons, at such period and through such persons or structures. institutions as may be prescribed by that Government. (2) In case such independent evaluation is conducted by both the Governments, the evaluation made by the Central Government shall prevail. CHAPTER VIII ADOPTION 57. (1) Adoption shall be resorted to for ensuring right to family for the orphan, Adoption. abandoned and surrendered children, as per the provisions of this Act, the rules made thereunder and the adoption regulations framed by the Authority. (2) Adoption of a child from a relative by another relative, irrespective of their religion, can be made as per the provisions of this Act and the adoption regulations framed by the Authority. (3) Nothing in this Act shall apply to the adoption of children made under the provisions 78 of 1956. of the Hindu Adoption and Maintenance Act, 1956. (4) All inter-country adoptions shall be done only as per the provisions of this Act and the adoption regulations framed by the Authority. (5) Any person, who takes or sends a child to a foreign country or takes part in any arrangement for transferring the care and custody of a child to another person in a foreign country without a valid order from the Court, shall be punishable as per the provisions of sub-section (1) of section 81. 58. (1) The prospective adoptive parents shall be physically fit, financially sound, Eligibility of mentally alert and highly motivated to adopt a child for providing a good upbringing to him. prospective adoptive (2) In case of a couple, the consent of both the spouses for the adoption shall be parents. required. (3) A single or divorced person can also adopt, subject to fulfilment of the criteria and in accordance with the provisions of adoption regulations framed by the Authority. (4) A single male is not eligible to adopt a girl child. (5) Any other criteria that may be specified in the adoption regulations framed by the Authority. 59. (1) Indian prospective adoptive parents living in India, irrespective of their religion, Procedure for if interested to adopt an orphan or abandoned or surrendered child, may apply for the same adoption by to a Specialised Adoption Agency, in the manner as provided in the adoption regulations Indian prospective framed by the Authority. adoptive (2) The specialised adoption agency shall prepare the home study report of the parents living in India. prospective adoptive parents and upon finding them eligible, will refer a child declared legally free for adoption to them along with the child study report and medical report of the child, in the manner as provided in the adoption regulations framed by the Authority. (3) On the receipt of the acceptance of the child from the prospective adoptive parents along with the child study report and medical report of the child signed by such parents, the Specialised Adoption Agency shall give the child in pre-adoption foster care and file an application in the court for obtaining the adoption order, in the manner as provided in the adoption regulations framed by the Authority. (4) On the receipt of a certified copy of the court order, the Specialised Adoption Agency shall send immediately the same to the prospective adoptive parents.28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (5) The progress and wellbeing of the child in the adoptive family shall be followed up and ascertained in the manner as provided in the adoption regulations framed by the Authority. Procedure for 60. (1) If an orphan or abandoned or surrendered child could not be placed with an inter-country Indian or non-resident Indian prospective adoptive parent despite the joint effort of the adoption of Specialised Adoption Agency and State Agency within thirty days from the date the child an orphan or abandoned or has been declared legally free for adoption, such child shall be free for inter-country adoption. surrendered (2) An eligible non-resident Indian or overseas citizen of India or persons of Indian child. origin shall be given priority in inter-country adoption of Indian children. (3) A non-resident Indian or overseas citizen of India, or person of Indian origin or a foreigner, who are prospective adoptive parents living abroad, irrespective of their religion, if interested to adopt an orphan or abandoned or surrendered child from India, may apply for the same to an authorised foreign adoption agency, or Central Authority or a concerned Government department in their country of habitual residence, as the case may be, in the manner as provided in the adoption regulations framed by the Authority. (4) The authorised foreign adoption agency, or Central Authority, or a concerned Government department, as the case may be, shall prepare the home study report of such prospective adoptive parents and upon finding them eligible, will sponsor their application to Authority for adoption of a child from India, in the manner as provided in the adoption regulations framed by the Authority. (5) On the receipt of the application of such prospective adoptive parents, the Authority shall examine and if it finds the applicants suitable, then, it will refer the application to one of the Specialised Adoption Agencies, where children legally free for adoption are available. (6) The Specialised Adoption Agency will match a child with such prospective adoptive parents and send the child study report and medical report of the child to such parents, who in turn may accept the child and return the child study and medical report duly signed by them to the said agency. (7) On receipt of the acceptance of the child from the prospective adoptive parents, the Specialised Adoption Agency shall file an application in the court for obtaining the adoption order, in the manner as provided in the adoption regulations framed by the Authority. (8) On the receipt of a certified copy of the court order, the Specialised Adoption Agency shall send immediately the same to Authority, State Agency and to the prospective adoptive parents, and obtain a passport for the child. (9) The Authority shall intimate about the adoption to the immigration authorities of India and the receiving country of the child. (10) The prospective adoptive parents shall receive the child in person from the Specialised Adoption Agency as soon as the passport and visa are issued to the child. (11) The authorised foreign adoption agency, or Central Authority, or the concerned Government department, as the case may be, shall ensure the submission of progress reports about the child in the adoptive family and will be responsible for making alternative arrangement in the case of any disruption, in consultation with Authority and concerned Indian diplomatic mission, in the manner as provided in the adoption regulations framed by the Authority. (12) A foreigner or a person of Indian origin or an overseas citizen of India, who has habitual residence in India, if interested to adopt a child from India, may apply to Authority for the same along with a no objection certificate from the diplomatic mission of his country in India, for further necessary actions as provided in the adoption regulations framed by the Authority. Procedure for 61. (1) A relative living abroad, who intends to adopt a child from his relative in India inter-country shall obtain an order from the court and apply for no objection certificate from Authority, in relative the manner as provided in the adoption regulations framed by the Authority. adoption.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 29 (2) The Authority shall on receipt of the order under sub-section (1) and the application from either the biological parents or from the adoptive parents, issue no objection certificate under intimation to the immigration authority of India and of the receiving country of the child. (3) The adoptive parents shall, after receiving no objection certificate under sub-section (2), receive the child from the biological parents and shall facilitate the contact of the adopted child with his siblings and biological parents from time to time. 62. (1) Before issuing an adoption order, the court shall satisfy itself that –– Court procedure and (a) the adoption is for the welfare of the child; (b) due consideration is given to penalty the wishes of the child having regard to the age and understanding of the child; and against (c) that neither the prospective adoptive parents has given or agreed to give nor the payment in consideration Specialised Adoption Agency or the parent or guardian of the child in case of relative of adoption. adoption has received or agreed to receive any payment or reward in consideration of the adoption, except as permitted under the adoption regulations framed by the Authority towards the adoption fees or service charge or child care corpus. (2) The adoption proceedings shall be held in camera and the case shall be disposed of by the court within a period of two months from the date of filing. 63. (1) The documentation and other procedural requirements, not expressly provided Additional in this Act with regard to the adoption of an orphan, abandoned and surrendered child by procedural requirements Indian prospective adoptive parents living in India, or by non-resident Indian or overseas and citizen of India or person of Indian origin or foreigner prospective adoptive parents, shall be documentation. as per the adoption regulations framed by the Authority. (2) The Specialised Adoption Agency shall ensure that the adoption case of prospective adoptive parents is disposed of within four months from the date of receipt of application and the authorised foreign adoption agency, Authority and State Agency shall track the progress of the adoption case and intervene wherever necessary, so as to ensure that the time line is adhered to. 64. A child in respect of whom an adoption order is issued by the court, shall become Effect of the child of the adoptive parents, and the adoptive parents shall become the parents of the adoption. child as if the child had been born to the adoptive parents, for all purposes, including intestacy, with effect from the date on which the adoption order takes effect, and on and from such date all the ties of the child in the family of his or her birth shall stand severed and replaced by those created by the adoption order in the adoptive family: Provided that any property which has vested in the adopted child immediately before the date on which the adoption order takes effect shall continue to vest in the adopted child subject to the obligations, if any, attached to the ownership of such property including the obligations, if any, to maintain the relatives in the biological family. 65. Notwithstanding anything contained in any other law for the time being in force, Reporting of information regarding all adoption orders issued by the concerned courts, shall be forwarded adoption. to Authority on monthly basis in the manner as provided in the adoption regulations framed by the Authority, so as to enable Authority to maintain the data on adoption. 66. (1) The State Government shall recognise one or more institutions or organisations Specialised in each district as a Specialised Adoption Agency, in such manner as may be provided in the Adoption Agencies. adoption regulations framed by the Authority, for the rehabilitation of orphan, abandoned or surrendered children, through adoption and non-institutional care. (2) The State Agency shall furnish the name, address and contact details of the Specialised Adoption Agencies along with copies of certificate or letter of recognition or renewal to Authority, as soon as the recognition or renewal is granted to such agencies. (3) The State Government shall get every Specialised Adoption Agency inspected at least once in a year and take necessary remedial measures, if required.30 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (4) In case any Specialised Adoption Agency is in default in taking necessary steps on its part as provided in this Act or in the adoption regulations framed by the Authority, for getting an orphan or abandoned or surrendered child legally free for adoption from the Committee or in completing the home study report of the prospective adoptive parents or in obtaining adoption order from the court within the stipulated time, such Specialised Adoption Agency shall be punishable with a fine which may extend up to fifty thousand rupees and in case of repeated default, the recognition of the Specialised Adoption Agency shall be withdrawn by the State Government. Adoption of 67. (1) All the institutions registered under this Act, which may not have been children recognised as Specialised Adoption Agencies, shall also ensure that all orphan or abandoned residing in or surrendered children under their care are reported, produced and declared legally free for institutions adoption, by the Committee as per the provisions of section 39. not registered as adoption (2) All institutions referred to in sub-section (1) shall develop formal linkages with agencies. nearby Specialised Adoption Agency and shall furnish details of the children declared legally free for adoption to that Specialised Adoption Agency along with all relevant records in the manner as may be prescribed, for the placement of such children in adoption. (3) If any such institution contravenes the provisions of sub-section (1) or sub-section (2), it shall be liable to fine of fifty thousand rupees for each instance to be imposed by the registering authority and it may also attract de-recognition in the event of persistent flouting of such provisions. State 68. (1) The State Government shall set up a State Adoption Resource Agency for Adoption dealing with adoptions and related matters in the State under the guidance of Authority. Resource Agency. (2) The State Agency, wherever already exists, shall be deemed to be set up under this Act. Central 69. The Central Adoption Resource Agency existing before the commencement of Adoption this Act, shall be deemed to have been constituted as the Central Adoption Resource Resource Authority under this Act to perform the following functions, namely:— Authority. (a) to promote in-country adoptions and to facilitate inter-State adoptions in co-ordination with State Agency; (b) to regulate inter-country adoptions; (c) to frame regulations on adoption and related matters from time to time as may be necessary; (d) to carry out the functions of the Central Authority under the Hague Convention on Protection of Children and Cooperation in respect of Inter-country Adoption; (e) any other function as may be prescribed. Steering 70. (1) The Authority shall have a Steering Committee with following members : Committee of Authority. (a) Secretary, Ministry of Women and Child Development, Government of India, who shall be the Chairperson—ex officio; (b) Joint Secretary, Ministry of Women and Child Development, Government of India, dealing with Authority—ex officio; (c) Joint Secretary, Ministry of Women and Child Development, Government of India, dealing with Finance—ex officio; (d) one State Adoption Resource Agency and two Specialised Adoption Agencies; (e) one adoptive parent and one adoptee;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 31 (f) one advocate or a professor having at least ten years of experience in family law; (g) Member-Secretary, who shall also be Chief Executive Officer of the organisation. (2) Criteria for the selection or nomination of the Members mentioned at (d) to (f), their tenure as well as the terms and conditions of their appointment shall be such as may be prescribed. (3) The Steering Committee shall have the following functions, namely:— (a) to oversee the functioning of Authority and review its working from time to time so that it operates in most effective manner; (b) to approve the annual budget, annual accounts and audit reports as well as the action plan and annual report of Authority; (c) to adopt the recruitment rules, service rules, financial rules of Authority as well as the other regulations for the exercise of the administrative and programmatic powers within the organisation, with the prior approval of the Central Government; (d) any other function that may be vested with it by the Central Government from time to time. (4) The Steering Committee shall meet once in a month in the manner as may be prescribed. (5) The Authority shall function from its headquarter and through its regional offices as may be set up as per its functional necessity. 71. (1) For the efficient performance of its functions, Authority shall have the following Powers of powers, namely:— Authority. (a) to issue instructions to any Specialised Adoption Agency or a Children Home or any child care institution housing any orphan, abandoned or surrendered child, any State Agency or any authorised foreign adoption agency and such directions shall be complied by such agencies; (b) recommending to the concerned Government or authority to take appropriate action against any official or functionary or institution under its administrative control, in case of persistent non-compliance of the instructions issued by it; (c) forwarding any case of persistent non-compliance of its instructions by any official or functionary or institution to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the same as if the case has been forwarded to him under section 346 of the Code of 2 of 1974. Criminal Procedure, 1973; (d) any other power that may be vested with it by the Central Government. (2) In case of any difference of opinion in an adoption case, including the eligibility of prospective adoptive parents or of a child to be adopted, the decision of Authority shall prevail. 72. (1) The Authority shall submit an annual report to the Central Government in such Annual manner as may be prescribed. Report of Authority. (2) The Central Government shall cause the annual report of Authority to be laid before each House of Parliament. 73. (1) The Central Government shall, after due appropriation made by Parliament by Grants by law in this behalf, pay to the Authority by way of grants such sums of money as the Central Central Government. Government may think fit for being utilised for performing the functions of Authority under this Act.32 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) The Authority may spend such sums of money as it thinks fit for performing the functions, as prescribed under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1). Accounts and 74. (1) The Authority shall maintain proper accounts and other relevant records and audit of prepare an annual statement of accounts in such form as may be prescribed by the Central Authority. Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of Authority shall be audited by the Comptroller and Auditor- General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General. (3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Authority under this Act shall, have the same rights and privileges and the authority in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of Authority. (4) The accounts of the Authority as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the Authority. (5) The Central Government shall cause the audit report to be laid, as soon as may be after it is received, before each House of Parliament. CHAPTER IX OTHER OFFENCES AGAINST CHILDREN Prohibition 75. (1) No report in any newspaper, magazine, news-sheet or audio-visual media or on disclosure other forms of communication regarding any inquiry or investigation or judicial procedure, of identity of shall disclose the name, address or school or any other particular, which may lead to the children. identification of a child in conflict with law or a child in need of care and protection or a child victim or witness of a crime, involved in such matter, under any other law for the time being in force, nor shall the picture of any such child be published: Provided that for reasons to be recorded in writing, the Board or Committee, as the case may be, holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the best interest of the child. (2) The Police shall not disclose any record of the child for the purpose of character certificate or otherwise in cases where the case has been closed or disposed of. (3) Any person contravening the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to two lakh rupees or both. Punishment 76. Whoever, having the actual charge of, or control over, a child, assaults, abandons, for cruelty to abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted, child. abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both: Provided that if such offence is committed by any person employed by or managing an organisation, which is entrusted with the care and protection of the child, he shall be punished with rigorous imprisonment which may extend up to five years, and fine which may extend up to five lakhs rupees: Provided further that on account of the aforesaid cruelty, if the child is physically incapacitated or develops a mental illness or is rendered mentally unfit to perform regularSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 33 tasks or has risk to life or limb, such person shall be punishable with rigorous imprisonment, not less than three years but which may be extended up to ten years and shall also be liable to fine of five lakhs rupees. 77. (1) Whoever employs or uses any child for the purpose of begging or causes any Employment child to beg shall be punishable with imprisonment for a term which may extend to five years of child for and shall also be liable to fine of one lakh rupees: begging. Provided that, if for the purpose of begging, the person amputates or maims the child, he shall be punishable with rigorous imprisonment for a term not less than seven years which may extend up to ten years, and shall also be liable to fine of five lakh rupees. (2) Whoever, having the actual charge of, or control over the child, abets the commission of an offence under sub-section (1), shall be punishable with the same punishment as provided for in sub-section (1) and such person shall be considered to be unfit under sub-clause (v) of clause (14) of section 2: Provided that the said child, shall not be considered a child in conflict with law under any circumstances, and shall be removed from the charge or control of such guardian or custodian and produced before the Committee for appropriate rehabilitation. 78. Whoever gives, or causes to be given, to any child any intoxicating liquor or any Penalty for narcotic drug or tobacco products or psychotropic substance, except on the order of a duly giving intoxicating qualified medical practitioner, shall be punishable with rigorous imprisonment for a term liquor or which may extend to seven years and shall also be liable to a fine which may extend up to narcotic drug or one lakh rupees. psychotropic substance to a child. 79. Whoever uses a child, for vending, peddling, carrying, supplying or smuggling Using a child any intoxicating liquor, narcotic drug or psychotropic substance, shall be liable for rigorous for vending, peddling, imprisonment for a term which may extend to seven years and shall also be liable to a fine up carrying, to one lakh rupees. supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance. 80. Notwithstanding anything contained in any law for the time being in force, Exploitation of a child whoever ostensibly engages a child and keeps him in bondage for the purpose of employment employee. or withholds his earnings or uses such earning for his own purposes shall be punishable with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupees. Explanation.–– For the purposes of this section, the term “employment” shall also include selling goods and services, and entertainment in public places for economic gain. 81. If any person or organisation offers or gives or receives, any orphan, abandoned Punitive or surrendered child, for the purpose of adoption without following the provisions or measures for procedures as provided in this Act, such person or organisation shall be punishable with adoption without imprisonment of either description for a term which may extend upto three years, or with fine following of one lakh rupees, or with both: prescribed procedures. Provided in case where the offence is committed by a recognised adoption agency, in addition to the above punishment awarded to the persons in-charge of, and responsible for the conduct of the day-to-day affairs of the adoption agency, the registration of such agency under section 42 and its recognition under section 66 shall also be withdrawn for a minimum period of one year.34 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Sale and 82. Any person who sells or buys a child for any purpose shall be punishable with procurement rigorous imprisonment for a term which may extend to five years and shall also be liable to of children for fine of one lakh rupees: any purpose. Provided that where such offence is committed by a person having actual charge of the child, including employees of a hospital or nursing home or maternity home, the term of imprisonment shall not be less than three years and may extend up to seven years. Corporal 83. (1) Any person in-charge of, or employed in, a child care institution, who punishment. subjects a child to corporal punishment with the aim of disciplining the child, shall be liable, on the first conviction, to a fine of ten thousand rupees and for every subsequent offence, shall be liable for imprisonment which may extend to three months or fine or with both. (2) If a person employed in an institution referred to in sub-section (1), is convicted of an offence under that sub-section, such person shall also be liable for dismissal from service, and shall also be debarred from working directly with children thereafter. (3) In case, where any corporal punishment is reported in an institution referred to in sub-section (1) and the management of such institution does not cooperate with any inquiry or comply with the orders of the Committee or the Board or court or State Government, the person in-charge of the management of the institution shall be liable for punishment with imprisonment for a term not less than three years and shall also be liable to fine which may extend to one lakh rupees. Use of child 84. (1) Any non-State, self-styled militant group or outfit declared as such by the by militant Central Government, if recruits or uses any child for any purpose, shall be liable for rigorous groups or imprisonment for a term which may extend to seven years and shall also be liable to fine of other adults. five lakh rupees. (2) Any adult or an adult group uses children for illegal activities either individually or as a gang shall be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to fine of five lakh rupees. Kidnapping 85. For the purposes of this Act, the provisions of sections 359 to 369 of the Indian and abduction Penal Code, shall mutatis mutandis apply to a child or a minor who is under the age of 45 of 1860. of child. eighteen years and all the provisions shall be construed accordingly. Offences 86. Whoever commits any of the offences referred to in this Chapter on any child who committed on is disabled as so certified by a medical practitioner, then, such person shall be liable to twice disabled the penalty provided for such offence. children. Explanation.— For the purposes of this Act, the term ‘‘disability’’ shall have the same meaning as assigned to it under clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. 1 of 1996. Classification 87. (1) Where an offence under this Act is punishable with imprisonment for a term of offences more than seven years, then, such offence shall be cognizable, non-bailable and triable by and designated a Children’s Court. court. (2) Where an offence under this Act is punishable with imprisonment for a term of three years and above, but not more than seven years, then, such offence shall be cognizable, non-bailable and triable by a Magistrate of First Class. (3) Where an offence, under this Act, is punishable with imprisonment for less than three years or with fine only, then, such offence shall be non-cognizable, bailable and triable by any Magistrate. Abetment. 88. Whoever abets any offence under this Act, if the act abetted is committed in consequence of the abetment, shall be punished with the punishment provided for that offence.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 35 Explanation.— An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy or with the aid, which constitutes the abetment. 89. Where an act or omission constitutes an offence punishable under this Act and Alternative also under any other law for the time being in force, then, notwithstanding anything contained punishment. in any such law, the offender found guilty of such offence shall be liable for punishment under such law which provides for punishment which is greater in degree. 90. Any child who commits any offence under this Chapter shall be considered as a Offence child in conflict with law under this Act. committed by child under CHAPTER X this Chapter. MISCELLANEOUS 91. The Committee or the Board, as the case may be, before which a child is brought Attendance of under any of the provisions of this Act, may, whenever it so thinks fit, require any parent or parent or guardian of guardian having the actual charge of the child to be present at any proceeding in respect of child. that child. 92. (1) If, at any stage during the course of an inquiry, the Committee or the Board is Dispensing satisfied that the attendance of the child is not essential for the purpose of inquiry, the with attendance of Committee or the Board, as the case may be, shall dispense with the attendance of a child child. and limit the same for the purpose of recording the statement and subsequently, the inquiry shall continue even in the absence of the child concerned, unless ordered otherwise by the Committee or the Board. (2) Where the attendance of a child is required before the Board or the Committee, such child shall be entitled to travel reimbursement for self and one escort accompanying the child as per actual expenditure incurred, by the Board, or the Committee or the District Child Protection Unit, as the case may be. 93. When a child, who has been brought before the Committee or the Board, is found Placement of to be suffering from a disease requiring prolonged medical treatment or physical or mental a child suffering complaint that will respond to treatment, the Committee or the Board, as the case may be, from disease may send the child to any place recognised as a fit facility as prescribed for such period as requiring it may think necessary for the required treatment. prolonged medical treatment in an approved place. 94. (1) Where it appears to the Committee or the Board that any child kept in a special Transfer of a home or an observation home or a Children’s Home or in an institution in pursuance of the child who is mentally ill or provisions of this Act, is a mentally ill person or addicted to alcohol or other drugs which addicted to lead to behavioural changes in a person, the Committee or the Board , may order removal of alcohol or such child to a psychiatric hospital or psychiatric nursing home in accordance with the other drugs. 14 of 1987. provisions of the Mental Health Act, 1987 or the rules made thereunder. (2) In case the child had been removed to a psychiatric hospital or psychiatric nursing home under sub-section (1), the Committee or the Board may, on the basis of the advice given in the certificate of discharge of the psychiatric hospital or psychiatric nursing home, order to remove such child to an Integrated Rehabilitation Centre for Addicts or similar centres maintained by the State Government for mentally ill persons (including the persons addicted to any narcotic drug or psychotropic substance) and such removal shall be only for the period required for the inpatient treatment of such child. Explanation.—For the purposes of this sub-section,— (a) “Integrated Rehabilitation Centre for Addicts” shall have the meaning assigned to it under the scheme called “Central Sector Scheme of Assistance for36 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Prevention of Alcoholism and Substance (Drugs) Abuse and for Social Defence Services” framed by the Central Government in the Ministry of Social Justice and Empowerment or any other corresponding scheme for the time being in force; (b) “mentally ill person” shall have the same meaning assigned to it in clause (l) of section 2 of the Mental Health Act, 1987; 14 of 1987. (c) “psychiatric hospital” or “psychiatric nursing home” shall have the same meaning assigned to it in clause (q) of section 2 of the Mental Health Act, 1987. 14 of 1987. Presumption 95. (1) Where, it is obvious to the Committee or the Board, based on the appearance and of the person brought before it under any of the provisions of this Act (other than for the determination purpose of giving evidence) that the said person is a child, the Committee or the Board shall of age. record such observation stating the age of the child as nearly as may be and proceed with the inquiry under section 15 or section 37, as the case may be, without waiting for further confirmation of the age. (2) In case, the Committee or the Board has reasonable grounds for doubt regarding whether the person brought before it is a child or not, the Committee or the Board, as the case may be, shall undertake the process of age determination, by seeking evidence by obtaining — (i) the date of birth certificate from the school, or the matriculation or equivalent certificate from the concerned examination Board, if available; and in the absence thereof; (ii) the birth certificate given by a corporation or a municipal authority or a panchayat; (iii) and only in the absence of (i) and (ii) above, age shall be determined by an ossification test or any other latest medical age determination test conducted on the orders of the Committee or the Board: Provided such age determination test conducted on the order of the Committee or the Board shall be completed within fifteen days from the date of such order. (3) The age recorded by the Committee or the Board to be the age of person so brought before it shall, for the purpose of this Act, be deemed to be the true age of that person. Transfer of a 96. (1) If during the inquiry it is found that a child hails from a place outside the child to place jurisdiction, the Board or Committee, as the case may be, shall, if satisfied after due inquiry of residence. that it is in the best interest of the child and after due consultation with the Committee or the Board of the child’s home district, order the transfer of the child, as soon as possible, to the said Committee or the Board, along with relevant documents and following such procedure as may be prescribed: Provided that such transfer can be made in case of a child in conflict with law, only after the inquiry has been completed and final order passed by the Board: Provided further that in case of inter-State transfer, the child shall be, if convenient, handed over to the Committee or the Board, as the case may be, of the home district of the child, or to the Committee or the Board in the capital city of the home State. (2) Once the decision to transfer is finalised, the Committee or Board, as the case may be, shall give an escort order to the Special Juvenile Police Unit to escort the child, within fifteen days of receiving such order: Provided that a girl child shall be accompanied by a woman police officer: Provided further that where a Special Juvenile Police Unit is not available, the Committee or Board, as the case may be, shall direct the institution where the child isSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 37 temporarily staying or District Child Protection Unit, to provide an escort to accompany the child during travel. (3) The State Government shall make rules to provide for travelling allowance to the escorting staff for the child, which shall be paid in advance. (4) The Committee or the Board, as the case may be, receiving the transferred child will process for restoration or rehabilitation or social re-integration, as provided in this Act. 97. (1) The State Government may at any time, on the recommendation of a Committee Transfer of or Board, as the case may be, notwithstanding anything contained in this Act, and keeping child between Children’s the best interest of the child in mind, order the child’s transfer from any Children’s Home or Homes, or special home or fit facility or fit person, to a home or facility, within the State with prior special homes intimation to the concerned Committee or the Board: or fit facility or fit person Provided that for transfer of a child between similar home or facility or person within in different the same district, the Committee or Board, as the case may be, of the said district shall be parts of India. competent to issue such an order. (2) If transfer is being ordered by a State Government to an institution outside the State, this shall be done only in consultation with the concerned State Government. (3) The total period of stay of the child in a Children’s Home or a special home shall not be increased by such transfer. (4) Orders passed under sub-section (1) and (2) shall be deemed to be operative for the Committee or the Board, as the case may be, of the area to which the child is sent. 98. (1) When a child is kept in a Children’s Home or special home, on a report of a Release of a probation officer or social worker or of Government or a voluntary or non-governmental child from an institution. organisation, as the case may be, the Committee or the Board may consider, the release of such child, either absolutely or on such conditions as it may think fit to impose, permitting the child to live with parents or guardian or under the supervision of any authorised person named in the order, willing to receive and take charge, educate and train the child, for some useful trade or calling or to look after the child for rehabilitation: Provided that if a child who has been released conditionally under this section, or the person under whose supervision the child has been placed, fails to fulfil such conditions, the Board or Committee may, if necessary, cause the child to be taken charge of and to be placed back in the concerned home. (2) If the child has been released on a temporary basis, the time during which the child is not present in the concerned home in pursuance of the permission granted under sub-section (1) shall be deemed to be part of the time for which the child is liable to be kept in the children or special home: Provided that in case of a child in conflict with law fails to fulfill the conditions set by the Board as mentioned in sub-section (1), the time for which he is still liable to be kept in the institution shall be extended by the Board for a period equivalent to the time which lapses due to such failure. 99. (1) The Committee or the Board, as the case may be, may permit leave of absence Leave of to any child, to allow him, on special occasions like examination, marriage of relatives, death absence to a child placed of kith or kin or accident or serious illness of parent or any emergency of like nature, under in an supervision, for a period generally not exceeding seven days in one instance, excluding the institution. time taken in journey. (2) The time during which a child is absent from an institution where he is placed, in pursuance of such permission granted under this section, shall be deemed to be part of the time for which he is liable to be kept in the Children’s Home or special home. (3) If a child refuses, or has failed to return to the Children’s Home or special home, as the case may be, on the leave period being exhausted or permission being revoked or38 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— forfeited, the Board or Committee may, if necessary, cause him to be taken charge of and to be taken back to the concerned home: Provided that when a child in conflict with law has failed to return to the special home on the leave period being exhausted or on permission being revoked or forfeited, the time for which he is still liable to be kept in the institution shall be extended by the Board for a period equivalent to the time which lapses due to such failure. Reports to be 100. (1) All reports related to the child and considered by the Committee or the Board treated as shall be treated as confidential: confidential. Provided that the Committee or the Board, as the case may be, may, if it so thinks fit, communicate the substance thereof to another Committee or Board or to the child or to the child’s parent or guardian, and may give such Committee or the Board or the child or parent or guardian, an opportunity of producing evidence as may be relevant to the matter stated in the report. (2) Notwithstanding anything contained in this Act, the victim shall not be denied access to their case record, orders and relevant papers. Protection of 101. No suit, prosecution or other legal proceeding shall lie against the Central action taken Government, or the State Government or any person acting under the directions of the in good faith. Central Government or State Government, as the case may be, in respect of anything which is done in good faith or intended to be done in pursuance of this Act or of any rules or regulations made thereunder. Appeals. 102. (1) Subject to the provisions of this Act, any person aggrieved by an order made by the Committee or the Board under this Act may, within thirty days from the date of such order, prefer an appeal to the Children’s Court, except for decisions by the Committee related to Foster Care and Sponsorship After Care for which the appeal shall lie with the District Magistrate: Provided that the Court of Sessions, or the District Magistrate, as the case may be, may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time and such appeal shall be decided within a period of thirty days. (2) No appeal shall lie from,— (a) any order of acquittal made by the Board in respect of a child alleged to have committed an offence; or (b) any order made by a Committee in respect of finding that a person is not a child in need of care and protection. (3) No second appeal shall lie from any order of the Court of Session, passed in appeal under this section. (4) Any person aggrieved by an order of the Children’s Court may file an appeal before the High Court in accordance with the procedure specified in the Code of Criminal Procedure, 1973. 2 of 1974. Revision. 103. The High Court may, at any time, either on its own motion or on an application received in this behalf, call for the record of any proceeding in which any Committee or Board or Children’s Court, or Court has passed an order, for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it thinks fit: Provided that the High Court shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 39 104. (1) Save as otherwise expressly provided by this Act, a Committee or a Board Procedure in while holding any inquiry under any of the provisions of this Act, shall follow such procedure inquiries, appeals and as may be prescribed and subject thereto, shall follow, as far as may be, the procedure laid revision 2 of 1974. down in the Code of Criminal Procedure, 1973 for trial of summons cases. proceedings. (2) Save as otherwise expressly provided by or under this Act, the procedure to be followed in hearing appeals or revision proceedings under this Act shall be, as far as 2 of 1974. practicable, in accordance with the provisions of the Code of Criminal Procedure, 1973. 105. (1) Without prejudice to the provisions for appeal and revision contained in this Power of the Act, the Committee or the Board may, on an application received in this behalf, amend any Committee or the Board orders passed by itself, as to the institution to which a child is to be sent or as to the person to amend its under whose care or supervision a child is to be placed under this Act: own orders. Provided that during the course of hearing for amending any such orders, there shall be at least two members of the Board of which one shall be the Principal Magistrate and at least three members of the Committee and all persons concerned, or their authorised representatives, whose views shall be heard by the Committee or the Board, as the case may be, before the said orders are amended. (2) Clerical mistakes in orders passed by the Committee or the Board or errors arising therein from any accidental slip or omission may, at any time, be corrected by the Committee or the Board, as the case may be, either on its own motion or on an application received in this behalf. 106. (1) The State Government may create a fund in such name as it thinks fit for the Juvenile welfare and rehabilitation of the children dealt with under this Act. Justice Fund. (2) There shall be credited to the fund such voluntary donations, contributions or subscriptions as may be made by any individual or organisation. (3) The fund created under sub-section (1) shall be administered by the Department of the State Government implementing this Act in such manner and for such purposes as may be prescribed. 107. Every State Government shall constitute a Child Protection Society for the State State Child and Child Protection Unit for every District, consisting of such officers and other employees Protection Society and as may be appointed by that Government, to take up matters relating to children with a view District Child to ensure the implementation of this Act, including the establishment and maintenance of Protection institutions under this Act, notification of competent authorities in relation to the children Unit. and their rehabilitation and co-ordination with various official and non-official agencies concerned and to discharge such other functions as may be prescribed. 108. (1) In every police station, at least one officer, not below the rank of assistant Child Welfare sub-inspector, with aptitude, appropriate training and orientation may be designated as the Police Officer and Special child welfare police officer to exclusively deal with children either as victims or perpetrators, Juvenile in co-ordination with the police, voluntary and non-governmental organisations. Police Unit. (2) To co-ordinate all functions of police related to children, the State Government shall constitute Special Juvenile Police Units in each district and city, headed by a police officer not below the rank of a Deputy Superintendent of Police or above and consisting of all police officers designated under sub-section (1) and two social workers having experience of working in the field of child welfare, of whom one shall be a woman. (3) All police officers of the Special Juvenile Police Units shall be provided special training, especially at induction as child welfare police officer, to enable them to perform their functions more effectively. (4) Special Juvenile Police Unit also includes Railway police dealing with children. 109. (1) The State Government shall, by notification in the Official Gazette, make rules Power to to carry out the purposes of this Act: make rules.40 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Provided that the Central Government may, frame model rules in respect of all or any of the matters with respect to which the State Government is required to make rules and where any such model rules have been framed in respect of any such matter, they shall apply to the State mutatis mutandis until the rules in respect of that matter are made by the State Government and while making any such rules, they conform to such model rules. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:— (i) manner of inquiry in case of a missing or run away child or whose parents cannot be found under sub-clause (vii) of clause (14) of section 2; (ii) responsibilities of the Child Welfare Officer attached to a Children’s Home under clause (18) of section 2; (iii) qualifications of the members of the Board under sub-section (2) of section 4; (iv) induction training and sensitisation of all members of the Board under sub-section (6) of section 4; (v) term of office of the members of the Board and the manner in which such member may resign under sub-section (6) of section 4; (vi) time of the meetings of the Board and the rules of procedure in regard to the transaction of business at its meeting under sub-section (1) of section 8; (vii) qualifications, experience and payment of fees of an interpreter or translator under clause (d) of sub-section (3) of section 9; (viii) any other function of the Board under clause (n) of sub-section (3) of section 9; (ix) persons through whom any child alleged to be in conflict with law may be produced before the Board and the manner in which such a child may be sent to an observation home or place of safety under sub-section (2) of section 11; (x) manner in which a person apprehended and not released on bail by the officer-in-charge of the police station may be kept in an observation home until such person is brought before a Board under sub-section (2) of section 13; (xi) format for information on pendency in the Board to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate and District Magistrate on quarterly basis under sub-section (3) of section 17; (xii) monitoring procedures and list of monitoring authorities under sub-section (2) of section 21; (xiii) manner in which the relevant records of the child may be destroyed by the Board, police or the court under sub-section (2) of section 25; (xiv) qualifications of the members of the Child Welfare Committee under sub-section (5) of section 28; (xv) rules and procedures with regard to transaction of business at the meetings of the Child Welfare Committee under sub-section (1) of section 29; (xvi) process of restoration of abandoned or lost children to their families under clause (x) of section 31; (xvii) manner of submitting the report to the Committee and the manner of sending and entrusting the child to Children’s Home or shelter home or fit facility or fit person under sub-section (2) of section 32;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 41 (xviii) manner of holding an inquiry by the Child Welfare Committee under sub-section (1) of section 37; (xix) manner in which a child may be sent to a Specialised Adoption Agency if the child is below six years of age, Children’s Home or to a fit facility or person or foster family, till suitable means of rehabilitation are found for the child including manner in which situation of the child placed in a Children’s Home or with a fit facility or person or foster family, may be reviewed by the Committee under sub-section (3) of section 37; (xx) manner in which a quarterly report may be submitted by the Committee to the District Magistrate for review of pendency of cases under sub-section (4) of section 37; (xxi) any other order related to any other function of the Committee under clause (iii) of sub-section (2) of section 38; (xxii) information to be given every month by the Committee to State Agency and Authority regarding number of children declared legally free for adoption and number of cases pending under sub-section (5) of section 39; (xxiii) manner in which all institutions under this Act shall be registered under sub-section (1) of section 42; (xxiv) procedure for cancelling or withholding registration of an institution that fails to provide rehabilitation and re-integration services under sub-section (7) of section 42; (xxv) manner in which information shall be sent every month by the open shelter to the District Child Protection Unit and Committee under sub-section (3) of section 44; (xxvi) procedure for placing children in foster care including group foster care under sub-section (1) of section 45; (xxvii) procedure for inspection of children in foster care under sub-section (4) of section 45; (xxviii) manner in which foster family shall provide education, health and nutrition to the child under sub-section (6) of section 45; (xxix) procedure and criteria in which foster care services shall be provided to children under sub-section (7) of section 45; (xxx) format for inspection of foster families by the Committee to check the well- being of children under sub-section (8) of section 45; (xxxi) purpose of undertaking various programmes of sponsorship of children, such as individual to individual sponsorship, group sponsorship or community sponsorship under sub-section (1) of section 46; (xxxii) duration of sponsorship under sub-section (3) of section 46; (xxxiii) manner of providing one time financial support to any child leaving institutional care on completing eighteen years of age under section 47; (xxxiv) management and monitoring of observation homes, including the standards and various types of services to be provided by them for rehabilitation and social integration of a child alleged to be in conflict with law and the circumstances under which, and the manner in which, the registration of an observation home may be granted or withdrawn under sub-section (3) of section 48; (xxxv) management and monitoring of special homes including the standards and various types of services to be provided to them under sub-section (2) and sub-section (3) of section 49;42 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (xxxvi) monitoring and management of children’s homes including the standards and the nature of services to be provided by them, based on individual care plans for each child under sub-section (3) of section 51; (xxxvii) manner in which a Board or the Committee shall recognise, a facility being run by a Governmental organisation or a voluntary or non-governmental organisation registered under any law for the time being in force, fit to temporarily take the responsibility of a child for a specific purpose after due inquiry regarding the suitability of the facility and the organisation to take care of the child under sub-section (1) of section 52; (xxxviii) procedure of verification of credentials, for recognising any person fit to temporarily receive a child for care, protection and treatment of such child for a specified period by the Board or the Committee under sub-section (1) of section 53; (xxxix) manner in which services shall be provided by an institution under this Act for rehabilitation and re-integration of children and standards for basic requirements such as food, shelter, clothing and medical attention under sub-section (1) of section 54; (xl) manner in which Management Committee shall be set up by each institution for management of the institution and monitoring of the progress of every child under sub-section (2) of section 54; (xli) activities that may be taken up by children’s committees under sub-section (3) of section 54; (xlii) appointment of inspection committees for all institutions registered or recognised fit, for the State and district under sub-section (1) of section 55; (xliii) manner in which Central Government or State Government may independently evaluate the functioning of the Board, Committee, special juvenile police units, registered institutions, or recognised fit facilities and persons, including the period and through persons or institutions under sub-section (1) of section 56; (xliv) manner in which institutions shall furnish details of children declared legally free for adoption to the Specialised Adoption Agency under sub-section (2) of section 67; (xlv) any other function of the Authority under clause (e) of section 69; (xlvi) criteria for the selection or nomination of the Members of the Steering Committee of the Authority and their tenure as well as the terms and conditions of their appointment under sub-section (2) of section 70; (xlvii) manner in which Steering Committee of the Authority shall meet under sub-section (4) of section 70; (xlviii) manner in which the Authority shall submit an annual report to the Central Government under sub-section (1) of section 72; (xlix) functions of the Authority under sub-section (2) of section 73; (l) manner in which the Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts under sub-section (1) of section 74; (li) period that the Committee or Board may think necessary for the treatment of children who are found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment to a fit facility under section 93; (lii) procedure for transfer of child under sub-section (1) section 96;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 43 (liii) provision for travelling allowance to the escorting staff for the child under sub-section (3) of section 96; (liv) procedure to be followed by the Committee or a Board while holding any inquiry, appeal or revision under sub-section (1) of section 104; (lv) manner in which juvenile justice fund shall be administered under sub-section (3) of section 106; (lvi) functioning of the Child Protection Society for the State and Child Protection Units for every district under section 107; (lvii) any other matter which is required to be, or may be, prescribed. (3) Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. (4) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature. 56 of 2000. 110. (1) The Juvenile Justice (Care and Protection of Children) Act, 2000 is hereby Repeal and repealed. savings. (2) Notwithstanding such repeal, anything done or any action taken under the said Acts shall be deemed to have been done or taken under the corresponding provisions of this Act. 111. (1) If any difficulty arises in giving effect to the provisions of this Act, the Power to Central Government may, by order, not inconsistent with the provisions of this Act, remove remove difficulties. the difficulty: Provided that no such order shall be made after the expiry of the period of two years from the commencement of this Act. (2) However, order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.44 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Article 15 of the Constitution, inter alia, confers upon the State powers to make special provision for children. Articles 39 (e) and (f), 45 and 47 further makes the State responsible for ensuring that all needs of children are met and their basic human rights are protected. 2. The United Nations Convention on the Rights of Children, ratified by India on 11th December, 1992, requires the State Parties to undertake all appropriate measures in case of a child alleged as, or accused of, violating any penal law, including (a) treatment of the child in a manner consistent with the promotion of the child's sense of dignity and worth (b) reinforcing the child's respect for the human rights and fundamental freedoms of others (c) taking into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society. 3. The Juvenile Justice (Care and Protection of Children) Act was enacted in 2000 to provide for the protection of children. The Act was amended twice in 2006 and 2011 to address gaps in its implementation and make the law more child-friendly. During the course of the implementation of the Act, several issues arose such as increasing incidents of abuse of children in institutions, inadequate facilities, quality of care and rehabilitation measures in Homes, high pendency of cases, delays in adoption due to faulty and incomplete processing, lack of clarity regarding roles, responsibilities and accountability of institutions and, inadequate provisions to counter offences against children such as corporal punishment, sale of children for adoption purposes, etc. have highlighted the need to review the existing law. 4. Further, increasing cases of crimes committed by children in the age group of 16-18 years in recent years makes it evident that the current provisions and system under the Juvenile Justice (Care and Protection of Children) Act, 2000, are ill equipped to tackle child offenders in this age group. The data collected by the National Crime Records Bureau establishes that crimes by children in the age group of 16-18 years have increased especially in certain categories of heinous offences. 5. Numerous changes are required in the existing Juvenile Justice (Care and Protection of Children) Act, 2000 to address the above mentioned issues and therefore, it is proposed to repeal existing Juvenile Justice (Care and Protection of Children) Act, 2000 and re-enact a comprehensive legislation inter alia to provide for general principles of care and protection of children, procedures in case of children in need of care and protection and children in conflict with law, rehabilitation and social re-integration measures for such children, adoption of orphan, abandoned and surrendered children, and offences committed against children. This legislation would thus ensure proper care, protection, development, treatment and social re-integration of children in difficult circumstance by adopting a child-friendly approach keeping in view the best interest of the child in mind. 6. The notes on clauses explain in detail the various provisions contained in the Bill. 7. The Bill seeks to achieve the above objectives. MANEKA SANJAY GANDHI NEW DELHI; The 8th August, 2014.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 45 Notes on clauses Clause 2.—This clause provides for definitions. It defines the various expressions used in the proposed legislation which, inter alia, include the expressions “abandoned child”, “adoption ”, “adoption guidelines”, “administrator”, “aftercare”, “authorised foreign adoption agency”, “begging”, “best interest of child”, “Board”, “Central Adoption Resource Authority”, “Central Authority”, “child”, “child in conflict with law”, “child in need of care and protection”, “child friendly”, “child legally free for adoption”, “open shelter”, “Children’s Home”, “child welfare officer”, “child welfare police officer”, “children’s Court”, “child care institution”, “court”, “committee”, “corporal punishment”, “childline services”,“District child protection unit”, “fit facility”, “fit person”, “foster care”, “foster family”, “guardian”, “group foster care”, “heinous offences”, “inter country adoption”, “juvenile”, “narcotic drug and psychotropic substances”, “no objection certificate”, “Non-resident Indian”, “notification”, “observation home”, “orphan”, “overseas citizen of India”, “person of Indian origin”, “petty offences”, “place of safety”, “prescribed”, “probation officer”, “prospective adoptive parents”, “public place”, “registered”, “relative”, “State Adoption Resource Agency”, “Special Juvenile Police Unit”, “Special Home”, “Specialised Adoption Agency”, “sponsorship”, “State Government”, “surrendered child”. It further provides that words and expressions used but not defined in the proposed legislation but defined in other Acts shall have the meanings respectively assigned to them in those Acts. Clause 3.—This clause provides guidance to the Central Government, the State Governments, the Board, and other agencies, through fundamental principles for the implementation of the provisions of this Act. These fundamental principles are: (i) Principle of presumption of innocence: Any child is to be presumed to be innocent of any mala fide or criminal intent up to the age of eighteen years. (ii) Principle of dignity and worth: All human beings are to be treated as equal in dignity and rights. (iii) Principle of participation: Every child has a right to be heard and to participate in all processes and decisions affecting his interest and the child’s views are be taken into consideration with due regard to the age and maturity of the child. (iv) Principle of best interest: All decisions regarding child are to be based on the primary consideration that they are in the best interest of the child and are to help the child to develop his full potential. (v) Principle of family responsibility: The primary responsibility of care, nurture and protection of the child is that of the biological family or adoptive or foster parents, as the case may be. (vi) Principle of safety: All measures are to be taken to ensure that the child is safe and is not subjected to any harm, abuse or maltreatment while in contact with the care and protection system, and thereafter. (vii) Positive measures: All resources are to be mobilized including those of family and community, for promoting the well-being, facilitating development of identity and providing an inclusive and enabling environment, to reduce vulnerabilities of children and the need for intervention under this Act. (viii) Principle of non-stigmatizing semantics: Adversarial or accusatory words are not to be used in processes pertaining to a child. (ix) Principle of non-waiver of rights: No waiver of rights of the child is permissible or valid, whether sought by the child or person acting on behalf of the child, or a Board or a Committee and any non-exercise of a fundamental right shall not amount to waiver.46 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (x) Principle of equality and non-discrimination: There shall be no discrimination against a child on any grounds including sex, caste, ethnicity, place of birth, disability, offence committed and equality of access, opportunity and treatment are to be provided to every child. (xi) Principle of right to privacy and confidentiality: The child has a right to protection of his privacy and confidentiality, by all means and throughout the judicial process. (xii) Principle of institutionalisation as a measure of last resort: A child is to be placed in institutional care as a step of last resort after reasonable inquiry. (xiii) Principle of repatriation and restoration: Every child in the juvenile justice system has the right to be re-united with his family at the earliest and to be restored to the same socio-economic and cultural status that he was in, before coming under the purview of the Act, unless such restoration and repatriation is not in his best interest. (xiv) Principle of fresh start: All past records of any child under the juvenile justice system should be erased expect in special circumstances. (xv) Principle of diversion: Measures for dealing with children in conflict with law without resorting to judicial proceedings is to be promoted unless it is in the best interest of the child or the society as a whole. (xvi) Principles of natural justice: Basic procedural standards of fairness shall be adhered to, including the right to a fair hearing, rule against bias and the right to review, by all persons or bodies, acting in a judicial capacity under this Act. Clause 4.—This clause provides for constitution of one or more Juvenile Justice Boards by the State Government for every district for exercising the powers and discharging the duties conferred or imposed on them in relation to children in conflict with law under this Act. It also provides for the composition of the Board, which shall consist of a Metropolitan Magistrate or a Judicial Magistrate of the first class (not being Chief Metropolitan Magistrate or Chief Judicial Magistrate) with at least three years of experience and two social workers from two different reputed non-governmental organisations. The selection of the members of the Board shall be done in prescribed manner however; at least one member of the Board shall be a woman. The Board shall be forming a Bench and every Bench shall have the powers conferred by the Code of Criminal Procedure, 1973 on a Metropolitan Magistrate or, a Judicial Magistrate of the first class. It also states that the Magistrate on the Board shall be designated as the Principal Magistrate. It is clarified that no social worker shall be appointed as a member of the Board unless the person has been actively involved in health, education, or welfare activities pertaining to children for at least seven years or is a practicing professional with a degree in child psychology, psychiatry, sociology or law. It is further clarified that no person shall be eligible for selection as a member of the Board, if he –– (i) has any past record of violation of human rights or child rights; (ii) has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or he has not been granted full pardon in respect of such offence; (iii) has been removed or dismissed from service of the Central Government or a State Government or an undertaking or corporation owned or controlled by the Central Government or a State Government; (iv) has ever indulged in child abuse or employment of child labour or any other human rights violations or immoral act.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 47 This clause also states that the State Government shall provide for the induction training and sensitisation of all members of the Board including the Principal Magistrate of the Board. The training shall be provided on care, protection, rehabilitation, legal provisions and justice for children, within a period of sixty days from the date of their appointment. Further, the clause also states that the term of office of the members of the Board and the manner in which a member may resign shall be done as may be prescribed. The appointment of any member of the Board, except of that of the Principal Magistrate, may be terminated after holding inquiry, by the State Government, if he –– (i) he has been found guilty of misuse of power vested under this Act; or (ii) fails to attend the proceedings of the Board for consecutive three months without any valid reason; (iii) or fails to attend less than three-fourths of the sittings in a year; or becomes ineligible under sub-section (5) during his term as member. Clause 5.—This clause clarifies that when an inquiry has been initiated in respect of any child under this Act, and during the course of inquiry, if the child completes the age of eighteen years, then, the inquiry may be continued by the Board and orders may be passed in respect of that person as if the person had continued to be a child. Clause 6.—This clause states that if a person, who has completed eighteen years of age but is below twenty one years, is apprehended for committing an offence when he was below the age of eighteen years, then the person shall be treated as a child during the process of inquiry. This clause further states that if the person is not released on bail by the Board then the person shall be placed in a place of safety during the process of inquiry. If the Board after inquiry comes to the conclusion that the person has committed any offence, then the person shall be placed in a Place of Safety till he completes his term. If the Children’s Court after the inquiry comes to the conclusion that the person has committed any heinous offence, then such a person shall be placed in the place of safety till he attains the age of twenty-one years. After completing age of twenty-one years he shall be transferred to the jail meant for adults. Clause 7.—This clause provides that if any person, who is apprehended after completing the age of twenty-one years, for committing any serious or heinous offence when such person was between the age of sixteen to eighteen years, then, he shall, subject to the provisions of this Act, be fried as an adult. Clause 8.—This clause states that the Board shall ensure that all procedures are child friendly and that the venue is not intimidating to the child and does not resemble regular courts. Further, the times at which the Board shall meet and the rules that shall be observed in regard to the transaction of business at its meetings, shall be prescribed. This clause also states when the Board is not sitting, a child in conflict with law may be produced before an individual member of the Board. It also states that a Board may act even in the absence of any member of the Board, and no order passed by the Board shall be invalid in the absence of any member during any stage of proceedings. This clause clarifies that at the time of final disposal of the case or in making an order under sub-section (3) of section 19 at least two members including the Principal Magistrate shall be present and in the event of any difference of opinion among the members of the Board in the interim or final disposal, the opinion of the majority shall prevail. In case there is no majority then the opinion of the Principal Magistrate, shall prevail. Clause 9.—This clause provides the functions and responsibilities of the Board and also states that the Board constituted for any district shall have the power to deal exclusively with all the proceedings under this Act, relating to children in conflict with law, in the area of jurisdiction of the Board. The powers conferred on the Board under this Act may also be exercised by the High Court and the Children’s Court, when the proceedings come before48 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— them under this section or in appeal, revision or otherwise. The functions and responsibilities of the Board shall include: (a) ensuring the informed participation of the child and the parent or guardian, in every step of the process; (b) ensuring that the child’s rights are protected throughout the process of apprehending the child, inquiry, aftercare and rehabilitation; (c) ensuring availability of legal aid for the child through the legal services institutions; (d) wherever necessary the Board shall provide an interpreter or translator, having such qualifications, experience, and on payment of such fees as may be prescribed, to the child if he fails to understand the language used in the proceedings; (e) directing the probation officer, or in case a Probation Officer is not available to the Child Welfare Officer or a social worker, to undertake a social investigation into the case, and submit a social investigation report within a period of fifteen days from the date of first production before the Board to ascertain circumstances in which the alleged offence was committed; (f) adjudicate and dispose of cases of children in conflict with law in accordance with the process of inquiry specified in section 14 of the Act; (g) transferring to the Committee, matters concerning the child alleged to be in conflict with the law, stated to be in need of care and protection at any stage, hereby recognising that a child in conflict with the law can also be a child in need of care simultaneously and there is a need for the Committee and the Board to be both involved; (h) disposing of the matter and passing a final order that includes an individual care plan for the child’s rehabilitation, including follow up by the probation officer or the District Child Protection Unit or a member of a non-governmental organisation, as may be required; (i) conducting inquiry for declaring “fit persons” regarding care of children in conflict with law; (j) conducting at least one inspection visit every month of residential facilities for children in conflict with law and recommend action for improvement in quality of services to the District Child Protection Unit and State Government; (k) order the police for registration of First Information Report for offences committed against any child in conflict with law, under this Act or any other law, on a complaint made in this regard; (l) order the police for registration of First Information Report for offences committed against any child in need of care and protection, under this Act or any other law, on a written complaint by a Committee in this regard; (m) conducting regular inspection of jails meant for adults to check if any child is lodged in such jails and take immediate measures for transfer of such a child to the observation home; (n) any other function as may be prescribed. Clause 10.—This clause provides that when a magistrate who is not empowered to exercise the powers of Board under this Act is of the opinion that the person alleged to have committed the offence and brought before him is a child then in such a case the magistrate shall, without any delay, record his opinion and forward the child immediately, and send record of the proceeding, to the Board having jurisdiction over the proceeding. In case a person alleged to have committed an offence claims that he was a child on the date of commission of the offence before a court other than a Board, or is the court itself is of theSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 49 opinion that the person was a child on the date of commission of the offence, then the court shall make an inquiry, take such evidence as may be necessary (but not an affidavit) to determine the age of the person, and shall record a finding on the matter, stating the age of the person as nearly as may be. This clause further clarifies that such a claim can be raised before any court and it shall be recognised at any stage, even after final disposal of the case. Such a claim shall be determined in terms of the provisions contained in this Act and the rules made under the Act even if the person has ceased to be a child on or before the date of commencement of this Act. This clause also states that subject to provisions of section 7 if the court finds that a person has committed an offence and was a child on the date of commission of the offence, it shall forward the child to the Board for passing appropriate orders and the sentence. If any order or sentence is passed by the court, it shall be deemed to have no effect in such case. In case a person under this clause is required to be kept in protective custody, while the person’s claim of being a child is being inquired into, then such person may be placed, in the interim period, in a place of safety. Clause 11.—This clause provides that as soon as a child alleged to be in conflict with law is apprehended by the police, then the child shall be placed under the charge of the special juvenile police unit or the designated child welfare police officer. The special juvenile police unit or the designated child welfare police officer shall produce the child before the Board without any loss of time but within a period of twenty-four hours of apprehending the child excluding the time necessary for the journey, from the place where the child was apprehended. This clause clarifies that in no case, a child alleged to be in conflict with law, shall be placed in a police lockup or lodged in a jail. The clause also provides that the State Government shall make rules consistent with this Act,— (i) to provide for persons through whom (including registered voluntary or non- governmental organisations) any child alleged to be in conflict with law may be produced before the Board; (ii) to provide for the manner in which the child alleged to be in conflict with law may be sent to an observation home or place of safety, as the case may be. Clause 12.—This clause provides that any person in whose charge a child in conflict with law is placed, shall while the order is in force, have responsibility of the child, as if the said person was the child’s parent and responsible for the child’s maintenance. This clause further clarifies that the child shall continue to stay in the person’s charge for the period stated by the Board. The person shall continue to have charge of the child even when the child is claimed by the parents or any other person except when the Board is of the opinion that the parent or any other person are fit to exercise charge over such child. Clause 13.—This clause provides that when any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, then such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person. This clause also clarifies that the person shall not be released if there appears reasonable grounds for believing that the release is likely to bring this person into association with any known criminal or expose the said person to moral, physical or psychological danger or that the person’s release would defeat the ends of justice. The Board shall record the reasons for denying the bail and circumstances that led to such a decision. This clause also provides when a person having been apprehended is not released on bail under this clause by the officer in-charge of the police station, then the officer shall keep the person in an observation home in such manner as may be prescribed until the person can be brought before a Board. Further, when the person is not released on bail by the Board, it shall make an order sending him to an observation home or a place of safety, during the50 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— period of pendency of the inquiry regarding that person, for a period that may be specified in the order. This clause states that when a child in conflict with law is unable to furnish bail within seven days of the bail order, then such child shall be produced before the Board for modification of conditions of bail. Clause 14.—This clause provides that where a child alleged to be in conflict with law is apprehended, the officer designated as Child Welfare Police Officer of the police station, or the special juvenile police unit to which such child is brought, shall, as soon as possible after apprehending the child, inform— (i) the parent or guardian of such child, if they can be found, and direct them to be present at the Board before which the child is produced; and (ii) the probation officer, or if no probation officer is available, a Child Welfare Officer, for preparation and submission within two weeks to the Board, a social investigation report containing information regarding the antecedents and family background of the child and other material circumstances likely to be of assistance to the Board for making the inquiry. This clause also provides that where a child is released on bail, the probation officer or the Child Welfare Officer shall be informed by the Board. Clause 15.—This clause provides that where a child alleged to be in conflict with law is produced before a Board, then the Board shall hold an inquiry in accordance with the provisions of this Act and may pass orders in relation to the child as it deems fit under clauses 18 and 19 of this Act. This clause further provides that the inquiry under this clause shall be completed within a period of four months from the date of first production of the child before the Board, unless the period is extended, for a maximum period of two more months by the Board, having regard to the circumstances of the case and after recording the reasons in writing for such extension. It also provides that a preliminary inquiry shall be conducted by the Board in case of heinous offences under clause 16 and shall be disposed off within a period of one month from the date of first production of the child before the Board. In case of petty or serious offences, if inquiry by the Board remains inconclusive even after the extended period, the proceedings shall stand terminated. This clause also clarifies that for heinous offences, in case the Board requires further extension of time for completion of inquiry, the same shall be granted by the Chief Judicial Magistrate or the Chief Metropolitan Magistrate, for reasons to be recorded in writing. This clause provides the following steps to be taken by the Board to ensure fair and speedy inquiry, namely:— (a) at the time of initiating the inquiry, the Board shall satisfy itself that the child in conflict with law has not been subjected to any ill-treatment by the police or by any other person, including a lawyer or probation officer and take corrective steps in case of such ill-treatment; (b) in all cases under the Act, the proceedings shall be conducted in simple manner as possible and care shall be taken to ensure that the child, against whom the proceedings have been instituted, is given child-friendly atmosphere during the proceedings; (c) every child brought before the Board shall be given the opportunity to be heard and participate in the inquiry; (d) cases of petty offences shall be disposed of by the Board through summary proceedings, as per the procedure prescribed under the Code of Criminal Procedure, 1973.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 51 (e) inquiry of serious offences shall be disposed off by the Board, by following the procedure, for trial in summons case under the Code of Criminal Procedure, 1973; (f) inquiry in case of heinous offences,— (i) for child below the age of sixteen years as on the date of commission of an offence shall be disposed off by the Board under clause (e); (ii) for child above the age of sixteen year as on the date of commission of an offence shall be dealt with in the manner prescribed under clause 15. Clause 16.—This clause provides that in case of a heinous offence, committed by a child above the age of sixteen years, the Board shall conduct a preliminary inquiry with regard to his mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumstances in which he committed the offence. This clause also provides that the Board may thereafter pass an order in accordance with the provisions of sub-clause (3) of clause 19. This clause also clarifies that the Board may take the assistance of experienced psychologists, psycho-social workers and other experts for such an inquiry. This clause provides that where the Board is satisfied on preliminary inquiry that the matter should be disposed off by the Board, then the Board shall follow the procedure, for trial in summons case under the Code of Criminal Procedure, 1973. It is also clarified that the inquiry under this clause shall be completed within the period specified under clause 15. Clause 17.—This clause provides that the Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall review the pendency of cases of the Board once in every three months, and shall direct the Board to increase the frequency of its sittings or may also recommend the constitution of additional Boards. It also provides that the number of cases pending before the Board, the duration of such pendency, the nature of pendency and reasons thereof shall be reviewed every six months by a high level committee. This Committee shall be chaired by the Executive Chairperson of the State Legal Services Authority, consisting of the Home Secretary, the Secretary responsible for implementation of this Act in the State and a representative from a voluntary or non-governmental organisation to be nominated by the Chairperson. It also provides that the information of such pendency shall also be furnished by the Board to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate and the District Magistrate on quarterly basis in a format as may be prescribed by the State Government. Clause 18.—This clause provides that where a Board is satisfied on inquiry that the child brought before it has not committed any offence, then notwithstanding anything contrary contained in any other law for the time being in force, the Board shall pass order to that effect. It also provides that in case it appears to the Board that the child referred to in this clause is in need of care and protection, it may refer the child to the Committee with appropriate directions. Clause 19.—This clause provides that where a Board is satisfied on inquiry that a child irrespective of his age has committed a petty offence or a serious offence; or a child is below the age of sixteen years and has committed a heinous offence, then notwithstanding anything contrary contained in any other law for the time being in force, and based on the nature of offence, specific need for supervision or intervention, circumstances as brought out in the social investigation report and past conduct of the child, the Board may, if it so thinks fit may pass any of the following orders— (a) allow the child to go home after advice or admonition following appropriate inquiry and counselling to such child and to his parents or the guardian; (b) direct the child to participate in group counselling and similar activities; (c) order the child to perform community service under the supervision of an organisation or institution, or a specified person, persons or group of persons identified by the Board;52 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (d) order the child or parents or the guardian of the child to pay a fine: Provided that, in case the child is working, it may be ensured that the provisions of any existing labour laws are not violated; (e) direct the child to be released on probation of good conduct and placed under the care of any parent, guardian or fit person, on such parent, guardian or fit person executing a bond, with or without surety, as the Board may require, for the good behaviour and child’s well-being for any period not exceeding three years; (f) direct the child to be released on probation of good conduct and placed under the care and supervision of any fit facility for ensuring the good behaviour and child’s well-being for any period not exceeding three years; (g) direct the child to be sent to a special home, for such period, not exceeding three years, as it thinks fit, for providing reformative services including education, skill development, counselling, behaviour modification therapy, and psychiatric support during the period of stay in the special home or a place of safety, as the case may be: Sub-clause (g) further clarifies that for committing a petty offence, the term of stay in a special home or a place of safety, shall not be more than three months. It also clarifies that if the conduct and behaviour of the child has been such that, it would not be in the child’s interest, or in the interest of other children housed in a special home, the Board may send the child to the place of safety. Additionally the clause provides that if an order is passed under clauses (a) to (g), the Board may also pass orders to— (i) attend school; (ii) attend a vocational training centre; (iii) attend a therapeutic centre; (iv) prohibit the child from visiting, frequenting or appearing at a specified place; (v) undergo a de-addiction programme. Further, this clause states that where, the Board after preliminary inquiry under cluase 16 comes to the conclusion that there is a need for further trial of the child as an adult, then the Board may order transfer of the trial of the case to the Children’s Court having jurisdiction to try such offences. Clause 20.—This clause provides that after the receipt of preliminary inquiry from the Board under clause 16 of the Act, the Children´s Court may decide that— (i) there is a need for trial of the child as an adult as per the provisions of Code of Criminal Procedure, 1973 and pass appropriate orders after trial subject to provisions of this section and section 22 or; (ii) there is no need for trial of the child as an adult and may conduct an inquiry as Board and pass appropriate orders in accordance with the provisions of sub-sections (1) and (2) of section 18. This clause further states that the Children’s Court shall ensure that the final order, with regard to a child in conflict with law, shall include an individual care plan for the rehabilitation of child, including follow up by the probation officer or the District Child Protection Unit or a social worker. The Children’s Court shall ensure that the child who is found to be in conflict with the law is sent to a place of safety till he attains the age of twenty- one years, thereafter, the person shall be transferred to a jail. It is also clarified that the reformative services including educational services, skill development, alternative therapy such as counselling, behaviour modification therapy, and psychiatric support shall be provided to the child during the period of his stay in the place of safety.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 53 This clause states that the Children’s Court shall ensure that there is a periodic follow up report every year by the probation officer or the District Child Protection Unit or a social worker, to evaluate the progress of the child in the place of safety and to ensure that there is no ill-treatment to the child in any form. The reports under this clause shall be forwarded to the Children´s Court for record and follow up. Clause 21.—This clause provides that when a child in conflict with the law attains the age of twenty-one years and is yet to complete the term of his stay, the Children´s Court then shall provide for a follow up by the probation officer or the District Child Protection Unit or a social worker or by itself. The purpose of the follow up is to evaluate if the child has undergone reformative changes and if the child can be a contributing member of the society. The evaluation shall be based on the progress records of the child under sub-clause (4) of clause 20 of this Act, along with evaluation of relevant experts. After the completion of the evaluation, the Children’s Court may— (i) decide to release the child on such conditions as it deems fit which includes appointment of a monitoring authority for the remainder of the prescribed term of stay; (ii) decide that the child shall complete the remainder of his term in an adult jail. This clause further clarifies that each State Government shall maintain a list of monitoring authorities and monitoring procedures as may be prescribed under the Rules. Clause 22.—This clause provides that no child in conflict with law shall be sentenced to death or for life imprisonment without the possibility of release, for any such offence, either under the provisions of this Act or under the provisions of the Indian Penal Code or under any other law for the time being in force. Clause 23.—This clause provides that despite anything to the contrary contained in the Code of Criminal Procedure, 1973, or any preventive detention law for the time being in force, no proceeding shall be instituted and no order shall be passed against any child under Chapter VIII of the Code of Criminal Procedure, 1973. Clause 24.—This clause provides that despite anything contained in section 223 of the Code of Criminal Procedure, 1973 or in any other law for the time being in force, no joint proceedings shall be conducted of a child alleged to be in conflict with law with a person, who is not a child. It also provides that if during the inquiry by the Board or by the Children’s Court, the person alleged to be in conflict with law is found to be not a child, then that person shall not be tried along with a child. Clause 25.—This clause provides that despite anything that may be contained in any other law for the time being in force, if a child who has committed an offence and has been dealt with under the provisions of this Act shall not suffer any disqualification attached to a conviction of an offence under any other law. It also provides that the Board shall make an order, in which it will direct the police or the court and its own registry to destroy the relevant records of conviction after the expiry of the period of appeal or a reasonable period, which shall be prescribed under the rules. This clause clarifies that in case of a heinous offence committed by a child and when the case is transferred to a Children’s Court under clause 19 of this Act, the Children’s Court shall keep the record of the child, only when the child is sent to an adult jail. Clause 26.—This clause provides that despite anything contained in this Act, all proceedings in respect of a child alleged or found to be in conflict with law which are pending before any Board or court on the date when this Act comes into force, shall be continued in that Board or court as if this Act has not been passed. Clause 27.—This clause provides that despite anything to the contrary that may be contained in any other law for the time being in force, any police officer may take charge of a child in conflict with law who has run away from a special home or an observation home or a place of safety or from the care of a person or institution under whom the child was placed54 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— under this Act. This clause further provides that the police officer shall produce the child within twenty-four hours, preferably before the Board which passed the original order in respect of that child if possible, or the Board nearest to where the child is found. It further provides that the Board shall determine the reasons for the running away of the child and shall pass appropriate orders for the child to be sent back either to the institution or person from whose custody the child had run away or any other similar place or person, as the Board may deem fit. It also clarifies that the Board may also give additional directions regarding any special steps that may be necessary, for the best interest of the child. Further the clause states that no additional proceeding shall be instituted in respect of such child. Clause 28.—This clause provides that the State Government shall constitute one or more Child Welfare Committees for every district, for exercising the powers and to discharge the duties conferred on them in relation to children in need of care and protection under this Act. These Committees shall be notified in the Official Gazette and the State Government shall ensure that all members of the committee are provided with induction training and sensitisation within two months from the date of notification. With regard to the composition of the Committee, the clause states that the Committee shall consist of a Chairperson, and four other members as the State Government may think fit to appoint, of whom at least one shall be a woman and another, an expert on matters concerning children. The District Child Protection Unit shall also provide a Secretary and other staff that may be required for secretarial support to the Committee for its effective functioning. This clause further clarifies that no person shall be appointed as member of the Committee unless he/she has been actively involved in health, education, or welfare activities pertaining to children for atleast seven years or is a practicing professional with a degree in child psychology or psychiatry or law or social work or sociology or human development. It is also clarified that no person shall be appointed as member unless he/she possesses qualifications that may be prescribed under the Rules of this Act and no person shall be appointed as member of the Committee for more than three years. The appointment of any member of the Committee shall be terminated by the State Government, after inquiry, if— (i) he has been found guilty of misuse of power vested under this Act; (ii) he has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or he has not been granted full pardon in respect of such offence; (iii) he fails to attend the proceedings of the Committee for consecutive three months without any valid reason or he fails to attend less than three-fourths of the sittings in a year. This clause provides that a quarterly review of the Committee shall be conducted by the District Magistrate. It also states that the Committee shall function as a Bench of Magistrates and shall have the powers conferred by the Code of Criminal Procedure, 1973 on a Metropolitan Magistrate or, a Judicial Magistrate of the first class. Further, the clause provides that the District Magistrate shall be the grievances authority for the Child Welfare Committee and anyone connected with the child may file a petition before him and he shall consider the same and may pass appropriate orders. Clause 29.—This clause provides that the Committee shall meet at least twenty days in a month and the rules and procedures in regard to the transaction of its business shall be prescribed in the Rules. It is clarified that a visit to an existing child care institution by the Committee, to check its functioning and well being of children shall be considered as sitting of the Committee. This Clause further provides that when the Committee is not in session, a child in need of care and protection may be produced before an individual member of the Committee forSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 55 placing the child in a Children’s Home or with a fit person. In the event of any difference of opinion among the members of the Committee at the time of any decision, the opinion of the majority shall prevail. In case there is no such majority, then the opinion of the Chairperson shall prevail. It is clarified that the Committee may act, despite the absence of any member and no order made by the Committee shall be invalid for such reason during any stage of the proceeding. It is also clarified that at the time of final disposal order of the case, at least three members shall be present. Clause 30.—This clause provides that the Committee shall have the authority to dispose of cases for the care, protection, treatment, development and rehabilitation of children, in need of care and protection, and shall also provide for their basic needs and protection. Where a Committee has been constituted for any area, then despite anything contained in any other law for the time being in force, the Committee shall have the power to deal exclusively with all proceedings under this Act relating to children in need of care and protection. Clause 31.—This clause provides the functions and responsibilities of the Committee, which include:— (i) taking cognizance of and receiving children produced; (ii) conducting inquiry on all issues relating to and affecting the safety and well- being of children under this Act; (iii) directing the Child Welfare Officers or probation officers or District Child Protection Unit or Non-Governmental Organisations to conduct social investigation and submit a report before the Committee; (iv) conducting inquiry for declaring “fit persons” for care of children in need of care and protection; (v) directing placement of a child in foster care; (vi) ensuring care, protection, appropriate rehabilitation or restoration of children in need of care and protection, based on the child’s individual care plan and passing necessary directions to parents or guardians or fit persons or children’s homes or fit facility in this regard; (vii) selecting registered institution for placement of each child requiring institutional support, based on the child’s age, gender, disability and needs and keeping in mind the available capacity of the institution; (viii) conducting at least two inspection visits per month of residential facilities for children in need of care and protection and recommending action for improvement in quality of services to the District Child Protection Unit and the State Government; (ix) certifying the execution of the surrender deed by the parents and ensuring that they are given time to reconsider the decision as well as making all efforts to keep the family together; (x) ensuring that all efforts are made for restoration of abandoned or lost children to their families following due process, as may be prescribed; (xi) declaration of orphan, abandoned and surrendered child as legally free for adoption after due inquiry; (xii) taking suo motu cognizance of cases and reaching out to children in need of care and protection, who are not produced before the Committee provided such decision is taken by atleast three members; (xiii) taking action for rehabilitation of sexually abused children who are reported as children in need of care and protection to the Committee by Special Juvenile Police Unit or local police, as the case may be, under the Protection of Children from Sexual Offences Act, 2012.56 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (xiv) dealing with cases referred by the Board under sub-section (2) of section 18 of this Act; (xv) co-ordinate with the police, labour department and other agencies involved in the care and protection of children with support of the District Child Protection Unit or the State Government; (xvi) in case of a complaint of abuse of a child in any child care institution, the Committee shall conduct inquiry and give directions to the police or the District Child Protection Unit or labour department or childline services, as the case may be; (xvii) accessing appropriate legal services for children. Clause 32.—This clause provides that any child who is in need of care and protection may be produced before the Committee by any of the following persons, namely:— (i) any police officer or special juvenile police unit or a designated Child Welfare Police Officer or any officer of District Child Protection Unit or inspector appointed under labour laws; (ii) any public servant; (iii) Childline Services or any voluntary or non-governmental organisation or any agency as may be recognised by the State Government; (iv) Child Welfare Officer or probation officer; (v) any social worker or a public spirited citizen; (vi) by the child himself; or (vii) any nurse, doctor or management of a nursing home, hospital or maternity home. This clause further clarifies that the child shall be produced before the Committee within twenty-four hours excluding the time necessary for the journey and without any delay. The State Government shall make rules consistent with this Act, to provide for the manner of submitting the report to the Committee and the manner of sending and entrusting the child to children’s home or fit facility or fit person, during the period of the inquiry. Clause 33.—This clause provides for procedure in case an individual or a police officer or any functionary of any organisation or a nursing home or hospital or maternity home finds and takes charge, or is handed over a child and the child appears or claims to be abandoned or lost, or an orphan without family support. As per this clause, information regarding such child shall be given within twenty-four hours (excluding the time necessary for the journey) by persons listed in this clause to Childline Services or the nearest police station or to a Child Welfare Committee or to the District Child Protection Unit, or hand over the child to a child care institution registered under this Act. It also provides that the information regarding a child referred to in sub-clause (1) of this clause shall be mandatorily uploaded on a portal specified by the Central Government or the Committee or the District Child Protection Unit or the child care institution, as the case may be. Clause 34.—This clause provides that if information regarding a child as required under clause 33 is not given within the stipulated period, then it shall be regarded as an offence under this Act. Clause 35.—This clause provides that the persons responsible for reporting under clause 34 shall be liable to imprisonment up to six months or fine of rupees 10,000 or both, in case they commit an offence under clause 34. Clause 36.—This clause provides that if parent or guardian of a child, who for physical, emotional and social factors beyond their control, wish to surrender their child then theySEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 57 shall produce the child before the Committee. If, the Committee after prescribed process of inquiry and counselling, is satisfied about the factors then a surrender deed shall be executed by the parent(s) or guardian in the manner prescribed under the Rules. This clause provides that the surrendering parents or guardian, shall be given one month reconsideration time for surrendering the child. In the interim period, the Committee after due inquiry, shall either allow the child to be with his parents or guardians under supervision, or place the child in a Specialised Adoption Agency, if he or she is below six years of age, or a children’s home if the child is above six years. Clause 37.—This clause provides that the when a child is produced or a report is received by the Committee under clause 32, then the Committee shall hold an inquiry in the prescribed manner under the Rules. The Committee shall either on its own or on the report from any person or agency as mentioned in sub-clause (2) of clause 32, may pass an order to send the child to the children’s home or shelter home or a fit facility or fit person, and for speedy social investigation by a social worker or child welfare officer or child welfare police officer. It is clarified that all children below six years of age, who are orphan, surrendered or appear to be abandoned shall be placed in a Specialised Adoption Agency, where available. It also provides that the social investigation shall be completed within fifteen days so as to enable the Committee to pass the final order within four months of first production of the child. It is clarified that for orphan, abandoned or surrendered children, the time for completion of inquiry shall be as specified in clause 39. This clause further elaborates that after the completion of the inquiry, if, the Committee is of the opinion that the child has no family or ostensible support or is in continued need of care and protection, then it may send the child, to a Specialised Adoption Agency if the child is below six years of age, children’s home or to a fit facility or person or foster family, till suitable means of rehabilitation are found for the child, or till the child attains the age of eighteen years. It is again clarified that the situation of the child placed in a children’s home or with a fit facility or person or a foster family, shall be reviewed by the Committee, as per the Rules under this Act. Under the clause, the Committee is required to submit a quarterly report of the nature of disposal of cases and pendency to the District Magistrate as per the Rules under this Act, for review of pendency of cases every three months by the District Magistrate. After review, the District Magistrate shall direct the Committee to take necessary remedial measures to address pendency, if necessary and send a report of reviews to the State Government. The State Government may cause the constitution of additional Committees, whenever required. It is clarified that in case the pendency still continues to be unaddressed by the Committee even after three months of receiving such directions, the State Government shall terminate the existing Committee and a new Committee shall be constituted in its place. Further the State Government is required to maintain a standing panel of eligible persons to be appointed as members of the Committee, which shall be useful in anticipation of termination of the Committee and no time shall be lost in reconstituting a new Committee. In case of any delay in the constitution of a new Committee under sub-clause (5), in the interim period, the Child Welfare Committee of a nearby district shall assume responsibility. Clause 38.—This clause provides that the Committee after being satisfied through the inquiry that the child brought before it is a child in need of care and protection may pass one or more of the following orders. The Committee shall also consider the Social Investigation Report submitted by Child Welfare Officer and shall take into account the child’s wishes in case the child is sufficiently mature to take a view— (a) declaration of a child as in need of care and protection; (b) restoration of child to the parents or legal guardian or family with or without supervision of Child Welfare Officer or designated social worker; (c) placement of the child in Children’s Home or fit facility or Specialised Adoption Agency for the purpose of adoption for long term or temporary care, keeping in mind58 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— the capacity of the institution for housing such children, either after reaching the conclusion that the family of the child cannot be traced or even if traced, restoration of the child to the family is not in the best interest of the child; (d) placement of the child with “fit person” for long term or temporary care; (e) foster care orders under section 45 of this Act; (f) sponsorship orders under section 46 of this Act; (g) directions to persons or institutions or facilities in whose care the child is placed, regarding care, protection and rehabilitation of the child, including directions related to immediate shelter and services such as medical attention, psychiatric and psychological support including need-based counselling, occupational therapy or behaviour modification therapy, skill training, legal aid, educational services, and other developmental activities, as required, as well as follow up and coordination with District Child Protection Unit or State Government and other agencies; (h) declaration of child as legally free for adoption under section 39 of this Act; The clause also provides that the Committee may also pass orders for — (i) declaration of fit persons for foster care; and (ii) getting one time after care support under section 47 of the Act; (iii) any other order related to any other function as may be prescribed. Clause 39.—This clause provides that in case of orphan and abandoned child, the Committee shall make all efforts to trace the child’s parents or guardians. Only after the 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. It is clarified that the declaration by the Committee shall be made within two months from the date of production of the child, for children who are up to two years of age and within four months for children above two years of age. It is further clarified that no first information report shall be registered against any biological parent in the process of inquiry relating to an abandoned or surrendered child under this Act, not withstanding anything contained in this regard in any other law for the time being in force. This clause provides that in case of a surrendered child, the institution where the child has been placed by the Committee, shall bring the case before the Committee, immediately, on completion of the re-consideration period as specified under clause 36, for declaring the child legally free for adoption. Further, in case of a child of a mentally retarded parents or a unwanted child of victim of sexual assault, the child may be declared free for adoption by the Committee, by following the procedure under this Act. It is clarified that the decision to declare an orphan, abandoned and surrendered child as legally free for adoption shall be taken by at least three members of the Committee. The Committee shall every month inform the State Adoption Resource Agency and Central Adoption Resource Authority regarding the number of children declared legally free for adoption and number of cases pending for decision in the manner prescribed under the Rules. Clause 40.—This clause provides the process of rehabilitation and social integration of children under this Act. The process shall be based on the individual care plan of the child, preferably through family based care i.e., by restoration to family or guardian with or without supervision or sponsorship, or adoption or foster-care. It is clarified that all efforts shall be made to keep siblings together when they are placed in institutional or non-institutional care, unless it is in their best interest not to be kept together. For children in conflict with law, the clause states that the process of rehabilitation and social integration shall be undertaken in the observation homes if the child is not released on bail or in special homes or place of safety or fit facility or with a fit person, if the child is placed there by orders of the Board.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 59 In case of children in need of care and protection who are not placed in families for any reason may be placed in an institution registered for such children under this Act or with a fit person or a fit facility, on a temporary or long-term basis. The process of rehabilitation and social integration shall be undertaken wherever the child is so placed by the Committee. Additionally, the clause provides that children in need of care and protection who are leaving institutional care or children in conflict with law leaving special homes on attaining eighteen years of age, may be provided support through aftercare fund under clause 47, to help them to reintegrate into society. Clause 41.—This clause provides that restoration and protection of a child shall be the prime objective of any children’s home, Specialised Adoption Agency or open shelter. The children’s home, specialised adoption agency or an open shelter shall take all necessary steps for the restoration and protection of a child deprived of his family environment temporarily or permanently where the child is under their care and protection. The Committee also has the power to restore any child in need of care and protection to his parent, guardian or fit person, after determining the suitability of the parent or guardian or fit person to take care of the child, and give them suitable directions. Explanation.—For the purposes of this clause “restoration of and protection of a child” means restoration to— (a) parents; (b) adoptive parents; (c) foster parents; (d) guardian; or (e) fit person. Clause 42.—This clause provides that despite anything contained in any other law for the time being in force, all institutions, whether they are run by State Government or run by voluntary or non-governmental organisations, which are meant, either wholly or partially, for housing children in need of care and protection as defined under clause (n) of clause 2 or children in conflict with law, shall, be registered under this Act. The manner of registration shall be prescribed under the Rules and the registration shall be done within a period of six months from the date of commencement of this Act, regardless of whether they are receiving grants from the Government or not. It is clarified that the institutions having valid registration under the Juvenile Justice (Care and Protection of Children) Act, 2000, on the date of commencement of this Act, shall be deemed to be registered under this Act as well. This clause provides that at the time of registration under this clause, the State Government shall determine and record the capacity and purpose of the institution and shall register the institution as a Children’s Home or open shelter or Specialised. Adoption Agency or Observation Home or Special Home or Place of Safety. On receipt of application for registration under sub-clause (1), from an existing or new institution housing children in need of care and protection or children in conflict with law, the State Government may grant provisional registration. The provisional registration shall be granted within one month of the date of application, for a maximum period of six months, in order to bring the institution under the purview of this Act. The State Government shall also determine the capacity of the Home which shall be mentioned in the registration certificate. It is clarified that if the said institution does not fulfil the prescribed criteria for registration, within the stipulated time, the provisional registration shall be cancelled and provisions of sub-clause (5) shall apply. It further states that if the State Government does not issue a provisional registration certificate within one month of date of application, the proof of receipt of application shall be treated as provisional registration to run an organisation for a maximum period of six months. If the application for registration is not disposed of within the stipulated period by any60 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— officer or officers of concerned government, it shall be regarded as dereliction of duty on their part by their higher controlling authority and appropriate departmental proceedings shall be instituted. This clause explains that the initial period of registration of an institution shall be for a period of five years, after which, it shall be subject to renewal every five years. The State Government may, after following the procedure prescribed in the Rules, cancel or withhold registration, of an institution which fails to provide rehabilitation and reintegration services. These services shall be as prescribed under clause 54 and till such time that the registration of an institution is renewed or granted. The State Government shall manage the institution. Moreover, any registered child care institution under this clause shall be duty bound to admit children, subject to the capacity of the institution, as directed by the Committee, whether they are receiving grants from the government or not. It is also clarified that despite anything contained in any other law for the time being in force, the inspection committee set up under clause 55, shall have the powers to inspect any institution housing children, even if not registered under this Act, to determine if such institution is housing children in need of care and protection. Clause 43.—This clause provides that any person, or persons, incharge of an institution housing children in need of care and protection and children in conflict with law, who fails to comply with sub-clause (1) of clause 42, shall be punished with imprisonment which may extend to one year or a fine of not less than one lakh rupees or both. It is clarified that every thirty days delay in applying for registration shall be considered as a separate offence. Clause 44.—This clause provides that the State Government shall establish and maintain, by itself or through voluntary or non-governmental organisations, as many Open Shelters as may be required. These Open Shelters shall be registered as prescribed under the Rules. The Open Shelters referred to in sub-clause (1) shall function as a community based facility for children in need of residential support, on a short term basis, with the objective of protecting them from abuse or weaning them, or keeping them, away from a life on the streets. The Open Shelters are required under the clause to send information every month to the District Child Protection Unit and the Committee regarding children availing services of the shelter. The manner of providing information shall be prescribed under the rules. Clause 45.—This clause provides that children under this Act may be placed in foster care, including group foster care for their care and protection through orders of the Committee. The procedure in this regard shall be prescribed under the Rules. The foster care means a family which does not include the child’s biological or adoptive parents or an unrelated family recognised as suitable for the purpose by the State Government, for a short or extended period of time. The selection of the foster family shall be based on family’s ability, intent, capacity and prior experience of taking care of children. All efforts shall be made to keep siblings together in foster families, unless it is in their best interest not to be kept together. This clause further provides that based on the number of children, the State Government shall provide monthly funding for foster care through District Child Protection Unit after following the prescribed procedure for inspection to ensure well being of children. It is clarified that in case of children who have parents but are placed in foster care because the parents are unfit or unable to take care of the child, the child’s parents may visit the child in the foster family at regular intervals. The Committee may restrict such visits if it feels that such visits are not in the best interest of the child. The clause clarifies that eventually, the child may return to the parent’s homes once the parents are determined by the Committee to be fit to take care of the child. The foster family shall be responsible for providing education, health and nutrition to the child and shall ensure the overall well being of the child, which shall be prescribed in the Rules. Further, the State Government may makeSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 61 rules for the purpose of defining procedure, criteria and the manner in which foster care services shall be provided for children. Inspection of foster families shall be conducted every month by the Committee in the format as may be prescribed in the rules to check the well-being of the child. Whenever a foster family is found lacking in taking care of the child, the child shall be removed from that foster family and shifted to another foster family as may be deemed fit by the Committee. No child regarded as adoptable by the Committee shall be given for long term foster care. Clause 46.—This clause provides that the State Government shall make rules for the purpose of undertaking various programmes of sponsorship of children, such as individual to individual sponsorship, group sponsorship or community sponsorship. The clause also provides the criteria for sponsorship which includes: (i) where mother is a widow or divorced or abandoned by family; (ii) where children are orphan and are living with the extended family; (iii) where parents are victims of life threatening disease; (iv) where parents are incapacitated due to accident and unable to take care of children both financially and physically. The clause states that the duration of sponsorship shall be prescribed under the Rules. The sponsorship programme may provide supplementary support to families, to children’s homes and to special homes to meet medical, nutritional, educational and other needs of the children, with a view to improving their quality of life. Clause 47.—This clause provides that any child leaving a child care institution on completion of eighteen years of age may be provided with a onetime financial support in order to facilitate his reintegration into the society. The manner in which this support shall be provided will be prescribed in the Rules. Clause 48.—This clause provides that the State Government shall establish and maintain observation homes in every district or a group of districts, either by itself, or through voluntary or non-governmental organisations. These Homes shall be registered under clause 42 of this Act, for temporary reception, care and rehabilitation of any child alleged to be in conflict with law, during the pendency of any inquiry under this Act. This clause provides that if the State Government is of the opinion that any registered institution other than a home established or maintained under sub-clause (1), is fit for the temporary reception of a child alleged to be in conflict with law during the pendency of any inquiry under this Act, it may register such institution as an observation home for the purposes of this Act. This clause also states that the State Government may make Rules for the management and monitoring of observation homes. The Rules shall also cover the standards and various types of services to be provided by observation homes for rehabilitation and social integration of a child alleged to be in conflict with law and the circumstances under which, and the manner in which, the registration of an observation home may be granted or withdrawn. Lastly, the clause states that every child alleged to be in conflict with law who is not placed under the charge of parent or guardian and is sent to an observation home shall be segregated according to the child’s age and gender. Due consideration shall be given to physical and mental status of the child and degree of the offence committed. Clause 49.—This clause provides that the State Government may establish and maintain special homes either by itself or through voluntary or non-governmental organisations. These homes shall be registered as per the Rules under the Act. The Special homes shall be established in every district or a group of districts, for rehabilitation of children in conflict with law who are found to have committed an offence and who are placed there by order of the Juvenile Justice Board under clause 19 of this Act.62 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Under the clause, the State Government may make Rules for the management and monitoring of special homes, including the standards and various types of services to be provided by them which are necessary for social re-integration of a child, and the circumstances under which, and the manner in which, the registration of a special home may be granted or withdrawn. The rules may also provide for the segregation and separation of children found to be in conflict with law on the basis of age, gender, the nature of offences committed by them and the child’s mental and physical status. Clause 50.—This clause provides that the State Government shall set up atleast one place of safety in every state. This place of safety shall be registered under clause 42 of this Act for persons above the age of eighteen years or children in conflict with law, who are between the ages of sixteen to eighteen years and are accused or convicted of committing a heinous crime under this Act. This clause further states that each place of safety shall have separate arrangement and facilities for stay of children or persons during the process of inquiry and children or persons convicted of committing an offence. It also states that the State Government may make Rules to prescribe the types of places that can be designated as place of safety under sub-clause (1) and the facilities and services that may be provided by them. Clause 51.—This clause provides that the State Government may establish and maintain, in every district or group of districts children’s homes, either by itself or through voluntary or non-governmental organisations. These Children’s homes shall be registered for the placement of children in need of care and protection for their care, treatment, education, training, development and rehabilitation. Further, the State Government shall designate any children’s home as a home fit for children with special needs delivering specialised services, depending on requirement. This clause further states that the State Government may make rules to provide for the monitoring and management of children’s homes including the standards and the nature of services to be provided by them, based on individual care plans for each child. Clause 52.—This clause provides that the Board or the Committee shall recognise an organisation as fit whether it is being run by a Governmental Organisation or a voluntary or non-governmental organisation after due inquiry regarding the suitability of the facility. Such fit organisation registered under any law for the time being in force shall temporarily take the responsibility of a child for a specific purpose after due inquiry regarding the suitability of the facility. The clause also states that rules for recognition of such a fit facility may also be made. Under the clause, the Board or the Committee may withdraw the recognition for reasons to be recorded in writing. Clause 53.—This clause provides that the Board or the Committee shall, after due verification of credentials, recognise any person fit to temporarily receive a child for care, protection and treatment of such child for a specified period. The rules may also be prescribed under this clause. Further, the Board or Committee may withdraw the recognition after recording the reasons in writing. Clause 54.—This clause provides that the services to be provided by institutions registered under this Act and the process of rehabilitation and re-integration of children may include— (i) basic requirements such as food, shelter, clothing and medical attention as per the prescribed standards; (ii) equipment such as wheel-chairs, prosthetic devices, hearing aids, braille kits, or any other suitable aids and appliances as required, for children with special needs; (iii) age appropriate education, including supplementary education, special education, and appropriate education for children with special needs.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 63 The sub clause further clarifies that for children between six to fourteen years of age the provisions of the Right of Children to Free and Compulsory Education Act, 2009 shall be followed; (iv) skill development; (v) occupational therapy and life skill education; (vi) mental health interventions, including counselling specific to the need of child; (vii) recreational activities including sports and cultural activities; (viii) legal aid where required; (ix) referral services for education, vocational training, de-addiction, treatment of diseases etc., where required; (x) case management including preparation and follow up of individual care plan; (xi) birth registration; (xii) assistance for obtaining the proof of identity, where required; and (xiii) any other service that may reasonably be provided in order to ensure the well being of the child, either directly by the State Government, registered or fit individuals or institutions or through referral services. It is further provided that each institution shall have a Management Committee, set up in a manner as may be prescribed under the rules to manage the institution and monitor the progress of every child. The officer in-charge of every institution, housing children above six years of age, shall facilitate setting up of children’s committees for participating in such activities as may be prescribed, for the safety and well-being of children in the institution. Clause 55.— This clause provides that the State Government shall appoint inspection committees for all institutions registered or recognised fit, under this Act. These inspection committees shall be appointed for the State and districts. The period and purpose of these Committees shall be prescribed in the rules. This clause provides that these inspection committees shall mandatorily conduct visits to all facilities housing children in the area allocated to them. These visits shall be conducted at least once in three months in a team of not less than three members, of whom at least one shall be a woman and one shall be a medical officer. The Inspection Committees shall submit reports of the findings of their visits within a week of visit, to the District Child Protection Units or State Government for further action. On the submission of the report by the inspection committee within a week of the inspection, appropriate action shall be taken within a month by the District Child Protection Unit or the State Government and a compliance report shall be submitted to the State Government. Clause 56.—This clause provides that the Central Government or State Government may independently evaluate the functioning of the Board, Committee, special juvenile police units, registered institutions, or recognised fit facilities and persons, at such period and through such persons or institutions as may be prescribed by that Government. It is further clarified that in case such independent evaluation is conducted by both the Governments, the evaluation by the Central Government shall prevail. Clause 57.— This clause provides that adoption shall be resorted to for ensuring right to family for the orphan, abandoned and surrendered children. Further, the adoption shall be as per the provisions of this Act, the rules and the adoption guidelines. It is clarified that the adoption of a child from a relative by another relative, irrespective of their religion, can be made as per the provisions of this Act and the adoption guidelines. Further, all inter-country adoptions shall be done only as per the provisions of this Act and the adoption guidelines.64 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Lastly, the clause states that any person, who takes or sends a child to a foreign country or takes part in any arrangement for transferring the care and custody of a child to another person in a foreign country without a valid order from the Court, shall be punishable as per the provisions of sub–clause (1) of clause 80. Clause 58.—This clause provides that the prospective adoptive parents shall have to be physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good upbringing to him. In case of a couple, the consent of both the spouses for the adoption shall be required. The clause clarifies that a single or divorced person can also adopt, provided they fulfil the criteria and are found suitable as per the adoption guidelines. It is made clear that a single male is not eligible to adopt a girl child. The clause also provides for any other criteria for prospective adoptive parents that may be specified in the adoption guidelines. Clause 59.—This clause provides that an Indian prospective adoptive parents living in India, irrespective of their religion, if are interested to adopt an orphan or abandoned or surrendered child, then they may apply for the same to a specialised adoption agency and the manner of such adoption shall be provided in the adoption guidelines. The specialised adoption agency shall prepare the home study report of the prospective adoptive parents. After finding them eligible, it will refer the child declared legally free for adoption to them along with the child’s study report and his medical report, in the manner as provided in the adoption guidelines. This clause provides that on the receipt of the acceptance of the child from the prospective adoptive parents along with the child study report and his medical report signed by the prospective adoptive parents, the specialised adoption agency shall give the child in pre-adoption foster care. After giving the child in pre-adoption foster care, the agency shall file an application in the court for obtaining the adoption order, in the manner as provided in the adoption guidelines. This clause provides that on the receipt of a certified copy of the court order, the specialised adoption agency shall send it immediately to the prospective adoptive parents. The progress and well being of the child in the adoptive family shall be followed up and ascertained in the manner as provided in the adoption guidelines. Clause 60.—This clause provides that if an orphan or abandoned or surrendered child could not be placed with an Indian prospective adoptive parent or non-resident Indian despite the joint effort of the specialised adoption agency and State Agency within thirty days from the date the child being declared legally free for adoption, then the child shall be free for inter-country adoption. This clause provides that an eligible non-resident Indian or overseas citizen of India or persons of Indian origin shall be given priority in inter-country adoption of Indian children. The Non-resident Indian or overseas citizen of India, or a person of Indian origin or a foreigner, who are prospective adoptive parents living abroad, irrespective of their religion, if they are interested to adopt an orphan or abandoned or surrendered child from India, then they may apply to an authorised foreign adoption agency, or central authority or a concerned Government department in their country of habitual residence, in the manner as provided in the adoption guidelines. Further, the authorised foreign adoption agency, or central authority, or a concerned Government department, shall prepare the home study report of such prospective adoptive parents and upon finding them eligible, will sponsor their application to Authority for adoption of a child from India, in the manner as provided in the adoption guidelines. On the receipt of the application of such prospective adoptive parents, the Authority shall examine and if it finds the applicants suitable, then, it will refer the application to one of the specialised adoption agencies, where children legally free for adoption are available. This clause elaborates that the specialised adoption agency will match a child with such prospective adoptive parents and send the child study report and medical report of theSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 65 child to such parents, who in turn may accept the child and return the child study and medical report duly signed by them to the agency. On receipt of the acceptance of the child from the prospective adoptive parents, the specialised adoption agency shall file an application in the court for obtaining the adoption order, in the manner as provided in the adoption guidelines. On the receipt of a certified copy of the court order, the specialised adoption agency shall send immediately the same to Authority, State Agency and to the prospective adoptive parents, and obtain a passport for the child. The Authority shall intimate about the adoption to the immigration authorities of India and the receiving country of the child. The prospective adoptive parents shall receive the child in person from the specialised adoption agency as soon as the passport and visa are issued to the child. It is clarified that the authorised foreign adoption agency, or central authority, or the concerned government department, shall ensure the submission of progress reports about the child in the adoptive family and will be responsible for making alternative arrangement in the case of any disruption. This shall be done in consultation with Authority and concerned Indian diplomatic mission, in the manner as provided in the adoption guidelines. Finally, a foreigner or a person of Indian origin or an overseas citizen of India, who has habitual residence in India, if is interested to adopt a child from India, may apply to Authority for the same along with a no objection certificate from the diplomatic mission of his country in India, for further necessary actions as provided in the adoption guidelines. Clause 61.—This clause provides that a relative living abroad, who intends to adopt a child from his relative in India shall obtain an order from the court and may apply for no objection certificate from Authority, in the manner as provided in the adoption guidelines. Authority shall on receipt of the order and the application from either the biological parents or from the adoptive parents, shall issue no objection certificate under intimation to the immigration authority of India and of the receiving country of the child. The adoptive parents shall, after receiving no objection certificate shall receive the child from the biological parents and shall facilitate the contact of the adopted child with his siblings and biological parents from time to time. Clause 62.—This clause provides that before issuing an adoption order, the court shall satisfy itself that: (a) the adoption is for the welfare of the child; (b) due consideration is given to the wishes of the child having regard to the age and understanding of the child; and (c) that neither the prospective adoptive parents has given or agreed to give nor the specialised adoption agency or the parent or guardian of the child in case of relative adoption has received or agreed to receive any payment or reward in consideration of the adoption, except as permitted under the adoption guidelines towards the adoption fees or service charge or child care corpus. Further, the adoption proceedings shall be held in camera and the case shall be disposed of by the court within a period of two months from the date of filing. Clause 63.—This clause provides that the documentation and other procedural requirements, not expressly provided in this Act with regard to the adoption of an orphan, abandoned and surrendered child by Indian prospective adoptive parents living in India, or by non-resident Indian or overseas citizen of India or person of Indian origin or foreigner prospective adoptive parents, shall be as per the adoption guidelines. This clause also provides that the specialised adoption agency shall ensure that the adoption case of prospective adoptive parents is disposed of within four months from the date of receipt of application and the authorised foreign adoption agency, Authority and State Agency shall track the progress of the adoption case and intervene wherever necessary, so as to ensure that the time line is adhered to. Clause 64.—This clause provides that a child in respect of whom an adoption order is issued by the court, shall become the child of the adoptive parents, and the adoptive parents shall become the parents of the child as if the child had been born to the adoptive parents, for66 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— all purposes, including intestacy, with effect from the date on which the adoption order takes effect, and on and from the date all the ties of the child in the family of his or her birth shall stand severed and replaced by those created by the adoption order in the adoptive family. It is further clarified that any property which has vested in the adopted child immediately before the date on which the adoption order takes effect shall continue to be vested in the adopted child subject to the obligations, if any attached to the ownership of the property including the obligations, if any, to maintain the relatives in the biological family. Clause 65.—This clause provides that despite anything contained in any other law for the time being in force, information regarding all adoption orders issued by the concerned courts, shall be forwarded to Authority on monthly basis in the manner as provided in the adoption guidelines, so as to enable Authority to maintain the data on adoption. Clause 66.—This clause provides that the State Government shall recognise one or more institutions or organisations in each district as a Specialised Adoption Agency, in such manner as may be provided in the adoption guidelines, for the rehabilitation of orphan, abandoned or surrendered children, through adoption and non-institutional care. It also provides that the State Agency shall furnish the name, address and contact details of the Specialised Adoption Agencies along with copies of certificate or letter of recognition or renewal to Authority, as soon as the recognition or renewal is granted to such agencies. It is also provided that the State Government shall get every Specialised Adoption Agency inspected at least once in a year and take necessary remedial measures, if required. In case any Specialised Adoption Agency is in default in taking necessary steps on its part as stipulated in this Act or in the adoption guidelines for getting an orphan or abandoned or surrendered child legally free for adoption from the Committee or in completing the home study report of the prospective adoptive parent(s) or in obtaining adoption order from the court within stipulated time, then such Specialised Adoption Agency shall be punished with a fine which may extend up to fifty thousand rupees. In case of repeated default, the recognition of the Specialised Adoption Agency shall be withdrawn by the State Government. Clause 67.—This clause provides that all the institutions registered under this Act, which may not have been recognised as Specialised Adoption Agencies, shall also ensure that all orphan or abandoned or surrendered children under their care are reported, produced and declared legally free for adoption, by the Committee as per the provisions of clause 39. Further, all institutions under sub-clause (1) of this clause shall develop formal linkages with nearby Specialised Adoption Agency and shall furnish details of the children declared legally free for adoption to that Specialised Adoption Agency along with all relevant records in the manner prescribed, for the placement of such children in adoption. This clause also states that if any such institution contravenes the provisions of sub-clause (1) or sub-clause (2) of this clause it shall be liable to fine of fifty thousand rupees in each instance to be imposed by the registering authority and it may also attract de-recognition in the event of persistent flouting of such provisions. Clause 68.—This clause provides that the State Government shall set up a State Adoption Resource Agency for dealing with adoptions and related matters in the State under the guidance of Authority . The State Agency, wherever they already exist, shall be deemed to be set up under this Act. Clause 69.—This clause provides that the Central Adoption Resource Agency existing before the commencement of this Act, shall be deemed to have been constituted as the Central Adoption Resource Authority under this Act to perform the following functions: (a) to promote in-country adoptions and to facilitate inter-State adoptions in co-ordination with State Agency; (b) to regulate inter-country adoptions; (c) to frame guidelines on adoption and related matters from time to time as may be necessary;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 67 (d) to carry out the functions of the Central Authority under the Hague Convention on Protection of Children and Co-operation in respect of Inter-Country Adoption; (e) any other function that may be prescribed. Clause 70.—This clause provides that Authority shall have a Steering Committee with following members: (a) Secretary, Ministry of Women and Child Development, Government of India, who shall be the Chairperson—ex officio; (b) Joint Secretary, Ministry of Women and Child Development, Government of India, dealing with Authority; (c) Joint Secretary, Ministry of Women and Child Development, Government of India, dealing with Finance; (d) one State Adoption Resource Agency and two Specialised Adoption Agencies; (e) one adoptive parent and one adoptee; (f) one advocate or a professor having at least ten years of experience in family law; (g) Member-Secretary, who shall also be Chief Executive Officer of the organisation. Further, the criteria for the selection or nomination of the Members mentioned at (d) to (f), their tenure as well as the terms and conditions of their appointment shall be prescribed under the rules. The clause provides for the functions of the Steering Committee as: (a)to oversee the functioning of Authority and review its working from time to time so that it operates in most effective manner; (b)to approve the annual budget, annual accounts and audit reports as well as the action plan and annual report of Authority ; (c)to adopt the recruitment rules, service rules, financial rules of Authority as well as the other regulations for the exercise of the administrative and programmatic powers within the organisation, with the prior approval of the Central Government; (d)any other power that may be vested with it by the Central Government from time to time. Additionally, the clause states that the Steering Committee shall meet once in a month in the manner as may be prescribed under the rules and Authority shall function from its headquarter and through its regional offices as may be set up as per its functional necessity. Clause 71.—This clause provides that for the efficient performance of its functions, Authority shall have the following powers: (a) to issue instructions to any specialised adoption agency or a children home or any child care institution housing any orphan, abandoned or surrendered child, any State Agency or any authorised foreign adoption agency and such directions shall be complied by such agencies; (b) recommending to the concerned Government or authority to take appropriate action against any official or functionary or institution under its administrative control, in case of persistent non-compliance of the instructions issued by it; (c) forwarding any case of persistent non-compliance of its instructions by any official or functionary or institution to a Magistrate having jurisdiction to try the same68 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— and the Magistrate to whom any such case is forwarded shall proceed to hear the same as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973. (d) any other power that may be vested with it by the Central Government. Additionally, in case of any difference of opinion in an adoption case, including the eligibility of prospective adoptive parents or of a child to be adopted, the decision of Authority shall prevail. Clause 72.—This clause provides that Authority shall submit an annual report to the Central Government in the manner as may be prescribed under the rules. The Central Government shall cause the annual report of Authority to be laid before each House of Parliament. Clause 73.—This clause provides that the Central Government shall, after due appropriation made by Parliament by law in this behalf, pay to the Authority by way of grants, such sums of money as the Central Government may think fit for being utilised for performing the functions of Authority under this Act. The clause further states that Authority may spend such sums of money as it thinks fit for performing the functions, as prescribed under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-clause (1). Clause 74.—This clause provides that Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor- General of India. The accounts of Authority shall be audited by the Comptroller and Auditor- General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Central Adoption Resource Authority to the Comptroller and Auditor-General. Further, the Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Authority under this Act shall, have the same rights and privileges and the authority in connection with the audit of Government accounts. It shall in particular have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of Authority. Further, the accounts of the Authority as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by Authority. And finally, the Central Government shall cause the audit report to be laid, as soon as may be after it is received, before each House of Parliament. Clause 75.—This clause provides that no report in any newspaper, magazine, newssheet or audio-visual media or other forms of communication regarding any inquiry or investigation or judicial procedure, shall disclose the name, address or school or any other particular of the child which may lead to the identification of a child in conflict with law or a child in need of care and protection or a child victim or witness of a crime, under any Act for the time being in force. The picture of any such child shall also not be published. It is clarified that for reasons to be recorded in writing, the Board or Committee, holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the best interest of the child. Further, the Police shall not disclose any record of the child for the purpose of character certificate or otherwise in cases where the case has been closed or disposed off. Any person contravening the provisions of sub-clause (1) shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to two lakh rupees or both. Clause 76.—This clause provides that whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering then such person shall be punishable with imprisonment for a term which may extend to three years or with fine of one lakh rupees or both. It is clarified that if such offence is committed by any personSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 69 employed by or managing an organisation, which is entrusted with the care and protection of the child, he shall be punished with rigorous imprisonment which may extend up to five years, and fine which may extend up to five lakhs rupees or both. It is further clarified that on account of the aforesaid mentioned cruelty, if the child is physically incapacitated or develops a mental illness or is rendered mentally unfit to perform regular tasks or has risk to life or limb, then such person shall be punishable with rigorous imprisonment, not less than three years but which may be extended up to ten years and shall also be liable to fine of five lakhs rupees or both. Clause 77.—This clause provides that whoever employs or uses any child for the purpose of begging or causes any child to beg shall be punishable with imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupees or both. It is clarified that for the purpose of begging, if the person amputates or maims the child, he shall be punishable with rigorous imprisonment for a term not less than seven years which may extend up to ten years, and shall also be liable to fine of five lakh rupees or both. This clause also provides that whoever, having the actual charge of, or control over the child, abets the commission of an offence under sub-clause (1), shall be punishable with the same punishment as provided for in sub-cluase (1) and such person shall be considered to be unfit under clause 2 (n) (v) of this Act. Further, the said child, shall not be considered a child in conflict with law under any circumstances, and shall be removed from the charge or control of such guardian or custodian and produced before the Committee for appropriate rehabilitation. Clause 78.—This clause provides that whoever gives, or causes to be given, to any child any intoxicating liquor or any narcotic drug or tobacco products or psychotropic substance, except on the order of a duly qualified medical practitioner, shall be punishable with rigorous imprisonment for a term which may extend to seven years and shall also be liable to a fine which may extend up to one lakh rupees or with both. Clause 79.—This clause provides that whoever uses a child, for vending, peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance, shall be liable for rigorous imprisonment for a term which may extend to seven years and to a fine up to one lakh rupees or both. Clause 80.—This clause provides that despite anything contained in any law for the time being in force, whosoever apparently employs a child for the purpose of employment or keeps him in bondage for the purpose or withholds his earnings or uses such earning for his own purposes, he shall be punishable with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupees or both. Explanation under this clause states that the term ‘employment’ shall also include selling goods and services, and entertainment in public places for economic gain. Clause 81.—This clause provides that if any person or organisation offers or gives or receives, any orphan, abandoned or surrendered child, for the purpose of adoption without following the provisions or procedures as provided in this Act, then such person or organisation shall be punishable with imprisonment of either description for a term which may extend upto three years, or with fine of one lakh rupees, or with both. It is clarified that where the offence is committed by a recognised adoption agency, in addition to the above punishment awarded to the persons in-charge of, and responsible for the conduct of the day-to-day affairs of the adoption agency, the registration of such agency under clause 41 and its recognition under clause 65 shall also be withdrawn for a minimum period of one year. Clause 82.—This clause provides that any person who sells or buys or procures a child for any purpose shall be punishable with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupees or both. It is further clarified that where such offence is committed by person having actual charge of the child, including employees of a hospital or nursing home or maternity home, the term of imprisonment shall not be less than three years and may extend up to seven years.70 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Clause 83.—This clause provides that any person in-charge of or employed in a child care institution subjects a child to corporal punishment by intentionally subjecting a child to physical punishment or mental harassment with the aim of disciplining the child, shall be liable, on the first conviction, to a fine of ten thousand rupees and for every subsequent offence, such person shall be liable for imprisonment which may extend to three months and fine or both. Further, if a person employed in an institution providing services to children, is convicted of an offence under this sub-clause then such person shall also be liable for dismissal from service, and shall also be debarred from working directly with children thereafter. It is also provided under the clause that in case, where any corporal punishment is reported in an institution and the management of such institution does not cooperate with any inquiry or comply with the orders of the Committee or the Board or court or State Government, then the person in-charge of the management of the institution shall be liable for punishment with imprisonment for a term not less than three years and shall also be liable to fine which may extend to one lakh rupees. Clause 84.—This clause provides that any non-State, self-styled militant group or outfit recognised by the Government, if recruits or uses any child for any purpose, shall be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to fine of five lakh rupees or both. This clause also states that any adult or an adult group who uses children for illegal activities either individually or as a gang shall be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to fine of five lakh rupees or both. Clause 85.—This clause provides that for the purposes of this Act, the provisions of clauses 359 to 369 of the Indian Penal Code, shall mutatis mutandis apply to a child or a minor who is under the age of eighteen years and all the provisions shall be construed accordingly. Clause 86.—This clause provides that whoever commits any of the offences referred in Chapter IX on any child who is disabled as so certified by a medical practitioner, then, such person shall be liable to twice the penalty provided for such offence. The explanation under this clause states that the term ‘‘disability’’ shall have the same meaning as assigned to it under clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Clause 87.—This clause provides that where an offence under this Act is punishable with imprisonment for a term more than seven years, then, such offence shall be cognizable, non-bailable and triable by a Children’s Court. Also, where is an offence under this Act is punishable with imprisonment for a term of three years and above, but not more than seven years, then, such offence shall be cognizable, non-bailable and triable by a Magistrate of the first class. Lastly, where an offence, under this Act, is punishable with imprisonment for less than three years or with fine only, then, such offence shall be non-cognizable, bailable and triable by any Magistrate. Clause 88.—This clause provides that whosoever abets any offence under this Act, if the act abetted is committed in consequence of the abetment, shall, be punished with the punishment provided for that offence. The explanation under this clause states that an act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy or with the aid, with constitutes the abetment. Clause 89.—This clause provides that where an act or omission constitutes an offence punishable under this Act and also under any other law for the time being in force, then, notwithstanding anything contained in any such law, the offender found guilty of such offence shall be liable for punishment under such law which provides for punishment which is greater in degree. Clause 90.—This clause provides that any child who commits any offence under in this Chapter shall be considered as a child in conflict with law under this Act.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 71 Clause 91.—This clause provides that the Committee or the Board, before which a child is brought under any of the provisions of this Act, may, whenever it so thinks fit, require any parent or guardian having the actual charge of the child to be present at any proceeding in respect of that child. Clause 92.—This clause provides that if, at any stage during the course of an inquiry, the Committee or the Board is satisfied that the attendance of the child is not essential for the purpose of inquiry, then the Committee or the Board, shall dispense with the attendance of a child and limit the same for the purpose of recording the statement. Subsequently, the inquiry shall continue even in the absence of the child concerned, unless ordered otherwise by the Committee or the Board. Further, where the attendance of a child is required before the Board or the Committee, such child shall be entitled to travel reimbursement for self and one escort accompanying the child as per actual expenditure incurred, by the Board, or the Committee or the District Child Protection Unit. Clause 93.—This clause provides that when a child, who has been brought before the Committee or the Board, is found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment, the Committee or the Board, may send the child to any place recognised as a fit facility as prescribed under the rules for a period as it may think necessary for the required treatment. Clause 94.—This clause provides that where it appears to the Committee or the Board that any child kept in a special home or an observation home or a Children’s Home or in an institution in pursuance of this Act, is a mentally ill person or addicted to alcohol or other drugs which lead to behavioural changes in a person, then the Committee or the Board , may order removal of such child to a psychiatric hospital or psychiatric nursing home in accordance with the provisions of the Mental Health Act, 1987 or the rules made thereunder. This clause also provides that in case the child had been removed to a psychiatric hospital or psychiatric nursing home under sub-clause (1), the Committee or the Board may, on the basis of the advice given in the certificate of discharge of the psychiatric hospital or psychiatric nursing home, order to remove the child to an Integrated Rehabilitation Centre for Addicts or similar centres maintained by the State Government for mentally ill persons (including the persons addicted to any narcotic drug or psychotropic substance). Such removal of the child shall be only for the period required for the inpatient treatment of the child. Explanation under this clause states that: (a) “Integrated Rehabilitation Centre for Addicts” shall have the meaning assigned to it under the scheme called “Central Sector Scheme of Assistance for Prevention of Alcoholism and Substance (Drugs) Abuse and for Social Defence Services” framed by the Central Government in the Ministry of Social Justice and Empowerment or any other corresponding scheme for the time being in force; (b) “mentally ill person” shall have the meaning assigned to it in clause (l) of section 2 of the Mental Health Act, 1987; (c) “psychiatric hospital” or “psychiatric nursing home” shall have the meaning assigned to it in clause (q) of section 2 of the Mental Health Act, 1987. Clause 95.—This clause provides that where, it is obvious to the Committee or the Board, based on the appearance of the person brought before it under any of the provisions of this Act (other than for the purpose of giving evidence) that the said person is a child, then the Committee or the Board shall record its observation stating the age of the child as nearly as may be and proceed with the inquiry under clause 14 or cluase 36, without waiting for further confirmation of the age. Further, in case, the Committee or the Board has reasonable grounds for doubt regarding72 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— whether the person brought before it is a child or not, the Committee or the Board, shall undertake the process of age determination, by seeking evidence by obtaining — (i) the date of birth certificate from the school, or the matriculation or equivalent certificate from an examination Board, if available; and in the absence thereof; (ii) the birth certificate given by a corporation or a municipal authority or a panchayat; (iii) and only in the absence of (i) and (ii) above, age shall be determined by an ossification test or any other latest medical age determination test conducted on the orders of the Committee or the Board. It is further clarified that such age determination test conducted on the order of the Committee or the Board shall be completed within fifteen days of first production of the person. Additionally, the age recorded by the Committee or the Board to be the age of person so brought before it, shall for the purpose of this Act, be deemed to be the true age of that person. Clause 96.—This clause provides that if during the inquiry it is found that a child hails from a place outside the jurisdiction of the Board or Committee then the Board or Committee if satisfied after due inquiry that it is in the best interest of the child and also after due consultation with the Committee or the Board of the child’s home district, order the transfer of the child, as soon as possible, to the said Committee or the Board, along with relevant documents and following such procedure as may be prescribed under the Rules. It is also clarified that such transfer can be made in case of a child in conflict with law, only after the inquiry has been completed and final order passed by the Board. It is further clarified that in case of inter-State transfer, the child shall be, if convenient, handed over to the Committee or the Board, as the case may be, of the home district of the child, or to the Committee or the Board in the capital city of the home State. Once the decision to transfer is finalised, the Committee or Board, shall give an escort order to the Special Juvenile Police Unit to escort the child, within fifteen days of receiving such order. It is clarified that a girl child shall be accompanied by a woman officer and further where a Special Juvenile Police Unit is not available, the Committee or Board, shall direct the institution where the child is temporarily staying or District Child Protection Unit, to provide an escort to accompany the child during travel. It also states in the clause that the State Government shall make rules to provide for travelling allowance to the escorting staff for the child, which shall be paid in advance and the Committee or the Board, on receiving the transferred child will process for restoration or rehabilitation or social reintegration, as laid down under this Act. Clause 97.—This clause provide that the State Government may at any time, on the recommendation of a Committee or Board, despite anything contained in this Act, and keeping the best interest of the child in mind, shall order the child’s transfer from any children’s home or special home or fit facility or fit person, to a home or facility, within the State with prior intimation to the concerned Committee or the Board. It is clarified that for transfer of a child between similar home or facility or person within the same district, the Committee or Board, of the said district shall be competent to issue such an order. If transfer is being ordered by a State Government to an institution outside the State, this shall be done only in consultation with the concerned State Government. Further, the total period of stay of the child in a children’s home or a special home shall not be increased by such transfer. Additionally, orders passed under sub-clause (1) and (2) shall be deemed to be operative for the Committee or the Board, as the case may be, of the area to which the child is sent.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 73 Clause 98.—This clause provides that when a child is kept in a children’s home or special home and on a report of a probation officer or social worker or of Government or a voluntary or non-governmental organisation, the Committee or the Board may consider, the release of such child, either absolutely or on such conditions as it may think fit to impose, permitting the child to live with parents or guardian or under the supervision of any authorised person named in the order, willing to receive and take charge, educate and train the child, for some useful trade or calling or to look after the child for rehabilitation. It is also clarified that if a child who has been released conditionally under this cluase, or the person under whose supervision the child has been placed, fails to fulfil such conditions, the Board or Committee may, if necessary, cause the child to be taken charge of and to be placed back in the concerned Home. This clause also states that if the child has been released on a temporary basis, the time during which the child is not in the concerned home in pursuance of such permission granted under sub-clause (1) shall be deemed to be part of the time for which the child is liable to be kept in the children or special home. It is also clarified that in case of a child in conflict with law fails to fulfil the conditions set by the Board as mentioned in sub-clause (1), the time for which he is still liable to be kept in the institution shall be extended by the Board for a period equivalent to the time which lapses due to such failure. Clause 99.—This clause provides that the Committee or the Board, may permit leave of absence to any child, to allow him, on special occasions like examination, marriage of relatives, death of kith or kin or accident or serious illness of parent or any emergency of like nature, under supervision. The period shall generally not exceed seven days in one instance, excluding the time taken in journey. This clause further provides that the time during which a child is absent from an institution where he is placed, in pursuance of such permission granted under this clause, shall be deemed to be part of the time for which he is liable to be kept in the children’s home or special home. If a child refuses, or has failed to return to the children’s home or special home, as the case may be, on the leave period being exhausted or permission being revoked or forfeited, the Board or Committee may, if necessary, cause him to be taken charge of and to be taken back to the concerned home. It is clarified that when a child in conflict with law has failed to return to the special home on the leave period being exhausted or on permission being revoked or forfeited, the time for which he is still liable to be kept in the institution shall be extended by the Board for a period equivalent to the time which lapses due to such failure. Clause 100.—This clause provides that all reports related to the child and considered by the Committee or the Board shall be treated as confidential. Additionally, the Committee or the Board, may if it so thinks fit, communicate the substance thereof to another Committee or Board or to the child or to the child’s parent or guardian, and may give such Committee or the Board or the child or parent or guardian, an opportunity of producing evidence as may be relevant to the matter stated in the report. The clause also provides that despite anything contained in this Act, the victim shall not denied access to their case record, orders and relevant papers. Clause 101.—This clause provides that no suit, prosecution or other legal proceeding shall lie against the Central Government, or the State Government or any person acting under the directions of the Central Government or State Government, in respect of anything which is done in good faith or intended to be done in pursuance of this Act or of any rules or guidelines made thereunder. Clause 102.—This clause provides that subject to the provisions of this Act, any person aggrieved by an order made by the Committee or the Board under this Act may, within thirty days from the date of such order, prefer an appeal to the Court of Session, except for decisions by the Committee related to Foster Care and Sponsorship After Care for which the appeal shall lie with the District Magistrate. It is clarified that the Court of Sessions, or the District Magistrate, may entertain the appeal after the expiry of the said period of thirty days,74 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time and such appeal shall be decided within a period of thirty days. No appeal shall lie from,— (a) any order of acquittal made by the Board in respect of a child alleged to have committed an offence; or (b) any order made by a Committee in respect of finding that a person is not a child in need of care and protection. Further, no second appeal shall lie from any order of the Court of Session, passed in appeal under this clause and any person aggrieved by an order of the Children’s Court may file an appeal before the High Court in accordance with the procedure specified in the Code of Criminal Procedure, 1973. Clause 103.—This clause provides that the High Court may, at any time, either of its own motion or on an application received in this behalf, call for the record of any proceeding in which any Committee or Board or Children’s Court, or Court has passed an order, for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it thinks fit. It is clarified that the High Court shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard. Clause 104.—This clause provides that save as otherwise expressly provided by this Act, a Committee or a Board while holding any inquiry under any of the provisions of this Act, shall follow such procedure as may be prescribed and subject thereto, shall follow, as far as may be, the procedure laid down in the Code of Criminal Procedure, 1973 for trials in summons cases. Further it also states that save as otherwise expressly provided by or under this Act, the procedure to be followed in hearing appeals or revision proceedings under this Act shall be, as far as practicable, in accordance with the provisions of the Code of Criminal Procedure, 1973. Clause 105.—This clause provides that without prejudice to the provisions for appeal and revision under this Act, the Committee or the Board may, on an application received in this behalf, amend any orders passed by itself, as to the institution to which a child is to be sent or as to the person under whose care or supervision a child is to be placed under this Act. Ikt is clarified that during the course of hearing for amending any such orders, there shall be at least two members of the Board out which one shall be the Principal Magistrate and at least three members of the Committee out of which one shall be the Chairperson and all persons concerned, or their authorized representatives, whose views shall be heard by the Committee or the Board before the said orders are amended. It is also added that clerical mistakes in orders passed by the Committee or the Board or errors arising therein from any accidental slip or omission may, at any time, be corrected by the Committee or the Board, either on its own motion or on an application received in this behalf. Clause 106.—This clause provides that the State Government may create a fund under such name as it thinks fit for the welfare and rehabilitation of the children dealt with under this Act. There shall be credited to the fund such voluntary donations, contributions or subscriptions as may be made by any individual or organisation. The clause also states that the fund created under sub-clause (1) shall be administered by the Department of the State Government implementing this Act in such manner and for such purposes as may be prescribed. Clause 107.—This clause provides that every State Government shall constitute a Child Protection Society for the State and Child Protection Units for every District, consisting of officers and employees as may be appointed by that Government, to take up matters relating to children with a view to ensure the implementation of this Act. The State Government shall also provide for the establishment and maintenance of institutions under this Act,SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 75 notification of competent authorities in relation to the children and their rehabilitation and co-ordination with various official and non-official agencies concerned and to discharge such other functions as may be prescribed under the rules. Clause 108.—This clause provides that in every police station, at least one officer, not below the rank of assistant sub-inspector, with aptitude, appropriate training and orientation may be designated as the ‘child welfare police officer’ to exclusively deal with children either as victims or perpetrators, in co-ordination with the police, voluntary and non-governmental organisations. It further states that to co-ordinate all functions of police related to children, the State Government shall constitute Special Juvenile Police Units in each district and city, headed by a police officer not below the rank of a Deputy Superintendent of Police or above and consisting of all police officers designated under sub-clause (1) and two social workers having experience of working in the field of child welfare, of whom one shall be a woman. All police officers of the Special Juvenile Police Units shall be provided special training, especially at induction as child welfare police officer, to enable them to perform their functions more effectively. It is clarified that Special Juvenile Police Unit also includes Railway police dealing with children. Clause 109.—This clause provides that the State Government shall, by notification in the Official Gazette, make rules to carry out the purposes of this Act. It is clarified that the Central Government may, frame model rules in respect of all or any of the matters with respect to which the State Government is required to make rules and where any such model rules have been framed in respect of any such matter, they shall apply to the State mutatis mutandis until the rules in respect of that matter are made by the State Government and while making any such rules, they conform to such model rules. This clause further states that in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely :— (i) manner of inquiry in case of a missing or run away child or whose parents cannot be found under sub-clause (vii) of clause (14) of section 2; (ii) responsibilities of the Child Welfare Officer attached to a Children’s Home under clause (18) of section 2; (iii) qualifications of the members of the Board under sub-section (2) of section 4; (iv) induction training and sensitisation of all members of the Board under sub-section (6) of section 4; (v) term of office of the members of the Board and the manner in which such member may resign under sub-section (6) of section 4; (vi) time of the meetings of the Board and the rules of procedure in regard to the transaction of business at its meeting under sub-section (1) of section 8; (vii) qualifications, experience and payment of fees of an interpreter or translator under clause (d) of sub-section (3) of section 9; (viii) any other function of the Board under clause (n) of sub-section (3) of section 9; (ix) persons through whom any child alleged to be in conflict with law may be produced before the Board and the manner in which such a child may be sent to an observation home or place of safety under sub-section (2) of section 11;76 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (x) manner in which a person apprehended and not released on bail by the officer-in-charge of the police station may be kept in an observation home until such person is brought before a Board under sub-section (2) of section 13; (xi) format for information on pendency in the Board to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate and District Magistrate on quarterly basis under sub-section (3) of section 17; (xii) monitoring procedures and list of monitoring authorities under sub-section (2) of section 21; (xiii) manner in which the relevant records of the child may be destroyed by the Board, police or the court under sub-section (2) of section 25; (xiv) qualifications of the members of the Child Welfare Committee under sub-section (5) of section 28; (xv) rules and procedures with regard to transaction of business at the meetings of the Child Welfare Committee under sub-section (1) of section 29; (xvi) process of restoration of abandoned or lost children to their families under clause (x) of section 31; (xvii) manner of submitting the report to the Committee and the manner of sending and entrusting the child to Children’s Home or shelter home or fit facility or fit person under sub-section (2) of section 32; (xviii) manner of holding an inquiry by the Child Welfare Committee under sub-section (1) of section 37; (xix) manner in which a child may be sent to a Specialised Adoption Agency if the child is below six years of age, Children’s Home or to a fit facility or person or foster family, till suitable means of rehabilitation are found for the child including manner in which situation of the child placed in a children’s home or with a fit facility or person or foster family, may be reviewed by the Committee under sub-section (3) of section 37; (xx) manner in which a quarterly report may be submitted by the Committee to the District Magistrate for review of pendency of cases under sub-section (4) of section 37; (xxi) any other order related to any other function of the Committee under clause (iii) of sub-section (2) of section 38; (xxii) information to be given every month by the Committee to State Agency and Authority regarding number of children declared legally free for adoption and number of cases pending under sub-section (5) of section 39; (xxiii) manner in which all institutions under this Act shall be registered under sub-section (1) of section 42; (xxiv) procedure for cancelling or withholding registration of an institution that fails to provide rehabilitation and re-integration services under sub-section (7) of section 42; (xxv) manner in which information shall be sent every month by the open shelter to the District Child Protection Unit and Committee under sub-section (3) of section 44; (xxvi) procedure for placing children in foster care including group foster care under sub-section (1) of section 45; (xxvii) procedure for inspection of children in foster care under sub-section (4) of section 45;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 77 (xxviii) manner in which foster family shall provide education, health and nutrition to the child under sub-section (6) of section 45; (xxix) procedure and criteria in which foster care services shall be provided to children under sub-section (7) of section 45; (xxx) format for inspection of foster families by the Committee to check the well being of children under sub-section (8) of section 45; (xxxi) purpose of undertaking various programmes of sponsorship of children, such as individual to individual sponsorship, group sponsorship or community sponsorship under sub-section (1) of section 46; (xxxii) duration of sponsorship under sub-section (3) of section 46; (xxxiii) manner of providing one time financial support to any child leaving institutional care on completing eighteen years of age under section 47; (xxxiv) management and monitoring of observation homes, including the standards and various types of services to be provided by them for rehabilitation and social integration of a child alleged to be in conflict with law and the circumstances under which, and the manner in which, the registration of an observation home may be granted or withdrawn under sub-section (3) of section 48; (xxxv) management and monitoring of special home including the standards and various types of services to be provided to them under sub-section (2) and sub-section (3) of section 49; (xxxvi) monitoring and management of Children’s Home including the standards and the nature of services to be provided by them, based on individual care plans for each child under sub-section (3) of section 51; (xxxvii) manner in which a Board or the Committee shall recognise, a facility being run by a Governmental organisation or a voluntary or non-governmental organisation registered under any law for the time being in force, fit to temporarily take the responsibility of a child for a specific purpose after due inquiry regarding the suitability of the facility and the organisation to take care of the child under sub-section (1) of section 52; (xxxviii) procedure of verification of credentials, for recognising any person fit to temporarily receive a child for care, protection and treatment of such child for a specified period by the Board or the Committee under sub-section (1) of section 53; (xxxix) manner in which services shall be provided by an institution under this Act for rehabilitation and re-integration of children and standards for basic requirements such as food, shelter, clothing and medical attention under sub-section (1) of section 54; (xl) manner in which Management Committee shall be set up by each institution for management of the institution and monitoring of the progress of every child under sub-section (2) of section 54; (xli) activities that may be taken up by children’s committees under sub-section (3) of section 54; (xlii) appointment of inspection committees for all institutions registered or recognised fit, for the State and district under sub-section (1) of section 55; (xliii) manner in which Central Government or State Government may independently evaluate the functioning of the Board, Committee, special juvenile police units, registered institutions, or recognised fit facilities and persons, including the period and through persons or institutions under sub-section (1) of section 56;78 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (xliv) manner in which institutions shall furnish details of children declared legally free for adoption to the Specialised Adoption Agency under sub-section (2) of section 67; (xlv) any other function of the Authority under clause (e) of section 69; (xlvi) criteria for the selection or nomination of the Members of the Steering Committee of the Authority and their tenure as well as the terms and conditions of their appointment under sub-section (2) of section 70; (xlvii) manner in which Steering Committee of the Authority shall meet under sub-section (4) of section 70; (xlviii) manner in which the Authority shall submit an annual report to the Central Government under sub-section (1) of section 72; (xlix) functions of the Authority under sub-section (2) of section 73; (l) manner in which the Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts under sub-section (1) of section 74; (li) period that the Committee or Board may think necessary for the treatment of children who are found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment to a fit facility under section 93; (lii) procedure for transfer of child under sub-section (1) section 96; (liii) provision for travelling allowance to the escorting staff for the child under sub-section (3) of section 96; (liv) procedure to be followed by the Committee or a Board while holding any inquiry, appeal or revision under sub-section (1) of section 104; (lv) manner in which juvenile justice fund shall be administered under sub-section (3) of section 106; (lvi) functioning of the Child Protection Society for the State and Child Protection Units for every district under section 107; (lvii) any other matter which is required to be or may be, prescribed. This clause further states that every rule and regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. This clause also provides that every rule made by the State Government made under this clause shall be laid, as soon as may be after it is made, before the State Legislature. Clause 110.—This clause states that the Juvenile Justice (Care and Protection of Children) Act, 2000 is hereby repealed. It also states that despite such repeal, anything done or any action taken under the said Acts shall be deemed to have been done or taken under the corresponding provisions of this Act. Clause 111.—This clause provides that if any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty. It further clarifies that no such order shall be made after the expiry of the period of two years from the commencement of this Act. However, order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 79 MEMORANDUM REGRADING DELEGATED LEGISLATIONS Sub-clause (1) of clause 110 of the Bill provides that the State Government shall make rules to carry out the purposes of this Act. It also provides that the Central Government may frame model rules, which shall apply to the State mutatis mutandis until the rules in that matter are made by the State Government. 2. Sub-clause (2) provides making rules for all or any of the following matter, namely:— (i) manner of inquiry in case of a missing or run away child or whose parents cannot be found under sub-clause (vii) of clause (14) of section 2; (ii) responsibilities of the Child Welfare Officer attached to a Children’s Home under clause (18) of section 2; (iii) qualifications of the members of the Board under sub-section (2) of section 4; (iv) induction training and sensitisation of all members of the Board under sub-section (6) of section 4; (v) term of office of the members of the Board and the manner in which such member may resign under sub-section (6) of section 4; (vi) time of the meetings of the Board and the rules of procedure in regard to the transaction of business at its meeting under sub-section (1) of section 8; (vii) qualifications, experience and payment of fees of an interpreter or translator under clause (d) of sub-section (3) of section 9; (viii) any other function of the Board under clause (n) of sub-section (3) of section 9; (ix) persons through whom any child alleged to be in conflict with law may be produced before the Board and the manner in which such a child may be sent to an observation home or place of safety under sub-section (2) of section 11; (x) manner in which a person apprehended and not released on bail by the officer-in-charge of the police station may be kept in an observation home until such person is brought before a Board under sub-section (2) of section 13; (xi) format for information on pendency in the Board to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate and District Magistrate on quarterly basis under sub-section (3) of section 17; (xii) monitoring procedures and list of monitoring authorities under sub-section (2) of section 21; (xiii) manner in which the relevant records of the child may be destroyed by the Board, police or the court under sub-section (2) of section 25; (xiv) qualifications of the members of the Child Welfare Committee under sub-section (5) of section 28; (xv) rules and procedures with regard to transaction of business at the meetings of the Child Welfare Committee under sub-section (1) of section 29; (xvi) process of restoration of abandoned or lost children to their families under clause (x) of section 31;80 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (xvii) manner of submitting the report to the Committee and the manner of sending and entrusting the child to Children’s Home or shelter home or fit facility or fit person under sub-section (2) of section 32; (xviii) manner of holding an inquiry by the Child Welfare Committee under sub-section (1) of section 37; (xix) manner in which a child may be sent to a Specialised Adoption Agency if the child is below six years of age, Children’s Home or to a fit facility or person or foster family, till suitable means of rehabilitation are found for the child including manner in which situation of the child placed in a children’s home or with a fit facility or person or foster family, may be reviewed by the Committee under sub-section (3) of section 37; (xx) manner in which a quarterly report may be submitted by the Committee to the District Magistrate for review of pendency of cases under sub-section (4) of section 37; (xxi) any other order related to any other function of the Committee under clause (iii) of sub-section (2) of section 38; (xxii) information to be given every month by the Committee to State Agency and Authority regarding number of children declared legally free for adoption and number of cases pending under sub-section (5) of section 39; (xxiii) manner in which all institutions under this Act shall be registered under sub-section (1) of section 42; (xxiv) procedure for cancelling or withholding registration of an institution that fails to provide rehabilitation and re-integration services under sub-section (7) of section 42; (xxv) manner in which information shall be sent every month by the open shelter to the District Child Protection Unit and Committee under sub-section (3) of section 44; (xxvi) procedure for placing children in foster care including group foster care under sub-section (1) of section 45; (xxvii) procedure for inspection of children in foster care under sub-section (4) of section 45; (xxviii) manner in which foster family shall provide education, health and nutrition to the child under sub-section (6) of section 45; (xxix) procedure and criteria in which foster care services shall be provided to children under sub-section (7) of section 45; (xxx) format for inspection of foster families by the Committee to check the well being of children under sub-section (8) of section 45; (xxxi) purpose of undertaking various programmes of sponsorship of children, such as individual to individual sponsorship, group sponsorship or community sponsorship under sub-section (1) of section 46; (xxxii) duration of sponsorship under sub-section (3) of section 46; (xxxiii) manner of providing one time financial support to any child leaving institutional care on completing eighteen years of age under section 47; (xxxiv) management and monitoring of observation homes, including the standards and various types of services to be provided by them for rehabilitation and social integration of a child alleged to be in conflict with law and the circumstances under which, and the manner in which, the registration of an observation home may be granted or withdrawn under sub-section (3) of section 48;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 81 (xxxv) management and monitoring of special homes including the standards and various types of services to be provided to them under sub-section (2) and sub-section (3) of section 49; (xxxvi) monitoring and management of children’s homes including the standards and the nature of services to be provided by them, based on individual care plans for each child under sub-section (3) of section 51; (xxxvii) manner in which a Board or the Committee shall recognise, a facility being run by a Governmental organisation or a voluntary or non-governmental organisation registered under any law for the time being in force, fit to temporarily take the responsibility of a child for a specific purpose after due inquiry regarding the suitability of the facility and the organisation to take care of the child under sub-section (1) of section 52; (xxxviii) procedure of verification of credentials, for recognising any person fit to temporarily receive a child for care, protection and treatment of such child for a specified period by the Board or the Committee under sub-section (1) of section 53; (xxxix) manner in which services shall be provided by an institution under this Act for rehabilitation and re-integration of children and standards for basic requirements such as food, shelter, clothing and medical attention under sub-section (1) of section 54; (xl) manner in which Management Committee shall be set up by each institution for management of the institution and monitoring of the progress of every child under sub-section (2) of section 54; (xli) activities that may be taken up by children’s committees under sub-section (3) of section 54; (xlii) appointment of inspection committees for all institutions registered or recognised fit, for the State and district under sub-section (1) of section 55; (xliii) manner in which Central Government or State Government may independently evaluate the functioning of the Board, Committee, special juvenile police units, registered institutions, or recognised fit facilities and persons, including the period and through persons or institutions under sub-section (1) of section 56; (xliv) manner in which institutions shall furnish details of children declared legally free for adoption to the Specialised Adoption Agency under sub-section (2) of section 67; (xlv) any other function of the Authority under clause (e) of section 69; (xlvi) criteria for the selection or nomination of the Members of the Steering Committee of the Authority and their tenure as well as the terms and conditions of their appointment under sub-section (2) of section 70; (xlvii) manner in which Steering Committee of the Authority shall meet under sub-section (4) of section 70; (xlviii) manner in which the Authority shall submit an annual report to the Central Government under sub-section (1) of section 72; (xlix) functions of the Authority under sub-section (2) of section 73; (l) manner in which the Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts under sub-section (1) of section 74; (li) period that the Committee or Board may think necessary for the treatment of children who are found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment to a fit facility under section 93;82 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (lii) procedure for transfer of child under sub-section (1) section 96; (liii) provision for travelling allowance to the escorting staff for the child under sub-section (3) of section 96; (liv) procedure to be followed by the Committee or a Board while holding any inquiry, appeal or revision under sub-section (1) of section 104; (lv) manner in which juvenile justice fund shall be administered under sub-section (3) of section 106; (lvi) functioning of the Child Protection Society for the State and Child Protection Units for every district under section 107; (lvii) any other matter which is required to be or may be, prescribed. Sub-clause (3) of clause 110 provides that every rule and regulation made under this clause shall be laid, as soon as may be after it is made, before each House of Parliament. Sub-clause (4) of clause 110 provides that every rule made by the State Government made under this clause shall be laid, as soon as may be after it is made, before the State Legislative. 3. The matters in respect which the Central Government may make rules are matter of procedure and administrative details and it is not practicable to provide for them in the Bill itself. The delegation of Legislation power is, therefore, of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 83 BILL NO. 98 OF 2014 A Bill to declare certain institutions of information technology to be institutions of national importance, with a view to develop new knowledge in information technology and to provide manpower of global standards for the information technology industry and to provide for certain other matters connected with such institutions or incidental thereto. BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. (1) This Act may be called the Indian Institutes of Information Technology Short title Act, 2014. and com- mencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.84 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Declaration 2. Whereas the objects of the Institutes mentioned in the Schedule are such as to make of certain them institutions of national importance, it is hereby declared that each such Institute is an institutions as institution of national importance. institutions of national importance. Definitions. 3. In this Act, unless the context otherwise requires,— (a) “Board”, in relation to any Institute, means the Board of Governors referred to in sub-section (1) of section 13; (b) “Chairperson” means the Chairperson of the Board of Governors appointed under sub-section (2) of section 13; (c) “Council” means the Council established under sub-section (1) of section 40; (d) “Director” means the Director of the Institute; (e) “existing Institute” means the institute mentioned in column (3) of the Schedule; (f) “Institute” means any of the institutions mentioned in column (5) of the Schedule; (g) “prescribed” means prescribed by rules made under this Act; (h) “Schedule” means the Schedule to this Act; (i) “Senate”, in relation to any Institute, means the Senate thereof; (j) “Statutes” and “Ordinances”, in relation to any Institute, means the Statutes and Ordinances of the Institute made under this Act. CHAPTER II THE INSTITUTES Incorporation 4. (1) On and from the commencement of this Act, every existing Institute, shall be a of Institutes. body corporate by the same name as mentioned in column (5) of the Schedule. (2) Every existing Institute referred to in column (5) of the Schedule shall have perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. Effect of 5. On and from the commencement of this Act,— incorporation of Institutes. (a) any reference to a Society in any contract or other instrument shall be deemed as a reference to the corresponding Institute mentioned in column (5) of the Schedule; (b) all properties, movable and immovable, of or belonging to every existing Institute shall vest in the corresponding Institute mentioned under column (5) of the Schedule; (c) all rights and debts and other liabilities of every existing Institute mentioned in column (3) of the Schedule shall be transferred to, and be the rights and liabilities of, the corresponding Institute mentioned in column (5) of the Schedule; (d) every person employed by every existing Institute mentioned in column (3) of the Schedule, immediately before such commencement shall hold his office or service in the corresponding Institute mentioned in column (5) of the Schedule, with the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and otherSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 85 matters as he would have held the same if this Act had not been enacted and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the Statutes: Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the Institute in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment, to him by the Institute, of compensation equivalent to three months’ remuneration in case of permanent employees and one month’s remuneration in the case of other employees: Provided further that any reference, by whatever form of words, to the Director, Registrar and other officers of an existing Institute mentioned in column (3) of the Schedule, in any law for the time being in force, or in any instrument or other document, shall be construed as a reference to the Director, Registrar and other officers of the corresponding Institute mentioned in column (5) of the Schedule; (e) every person pursuing, before the commencement of this Act, any academic or research course in every existing Institute mentioned in column (3) of the Schedule, shall be deemed to have migrated and registered with the corresponding Institute mentioned in column (5) of the Schedule, on such commencement at the same level of course in the Institute from which such person migrated; (f) all suits and other legal proceedings instituted or which could have been instituted by or against an existing Institute, mentioned in column (3) of the Schedule, immediately before the commencement of this Act shall be continued or instituted by or against the corresponding Institute mentioned in column (5) of the Schedule. 6. Each Institute shall have the following objects, namely:— Objects of Institute. (a) to emerge amongst the foremost institutions in information technology and allied fields of knowledge; (b) to advance new knowledge and innovation in information technology and allied fields to empower the nation to the forefront in the global context; (c) to develop competent and capable youth imbued with the spirit of innovation and entrepreneurship with the social and environmental orientation to meet the knowledge needs of the country and provide global leadership in information technology and allied fields; (d) to promote and provide transparency of highest order in matters of admission, appointments to various positions, academic evaluation, administration and finance. 7. (1) Subject to the provisions of this Act, every Institute shall exercise the following Powers and powers and perform the following functions, namely:— functions of Institute. (a) to provide instruction in such fields of knowledge concerning information technology and allied areas as such Institute may think fit, for the advancement of learning and dissemination of knowledge; (b) to lead, organise and conduct research and innovation in information technology and allied fields of knowledge in such manner as the Institute may think fit, including in collaboration or in association with any other Institute, educational institution, research organisation or body corporate; (c) to hold examinations and grant degrees diplomas and other academic distinctions or titles; and to confer honorary degrees; (d) to institute teaching, research or other academic positions, required by the Institute with such designations as it may deem fit, and to appoint persons on tenure, term or otherwise to such positions, other than the post of Director; in accordance with the policy laid down by the Council;86 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (e) to appoint persons working in any other Institute or educational institution or involved in research of significance in any industry as adjunct, guest or visiting faculty of the Institute on such terms and for such duration as the Institute may decide; (f) to create administrative and other posts and to make appointments thereto in accordance with the policy laid down by the Council; (g) to make provision for dissemination of knowledge emerging from research and for that purpose to enter into such arrangements, including consultancy and advisory services, with other institutions, industry, civil society or other organisations, as the Institute may deem necessary; (h) to create a website, highlight all information not restricted to those related to students, admission, fee, administrative structure, policies including recruitment rules, faculty and non-faculty posts, annual reports and financial details including statement of account of the Institute; (i) to determine, specify and receive payment of the charges, as the Institute may deem fit, from person, institution or body corporate for services, including training, consultancy and advisory services, provided by the Institute; (j) to deal with any property belonging to or vested in, the Institute in such manner as the Institute may deem fit for advancing the objects of the Institute: Provided that where the land for the Institute has been provided free of cost by a State Government, such land may be disposed of only with the prior approval of such State Government; (k) to receive gifts, grants, donations or benefactions from the Government and to receive bequests, donations and transfers of movable or immovable properties from testators, donors or transferors, as the case may be; (l) to co-operate with educational or other institutions in any part of the world having objects wholly or partly similar to those of the Institute by exchange of teachers and scholars and generally in such manner as may be conducive to their common objects; (m) to establish and maintain such infrastructure as may be necessary, incidental or conducive to the attainment of the objects of the Institute; (n) to institute and award fellowships, scholarships, exhibitions, prizes and medals; (o) to strive to meet the technological needs of the States and the Union territories by supporting technical educational institutions; and (p) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the Institute. (2) Notwithstanding anything contained in clause (j), an Institute shall not dispose of in any manner any immovable property, without the prior approval of the Visitor. Institute to be 8. (1) Every Institute shall be open to all persons irrespective of gender, caste, creed, open to all disability, domicile, ethnicity, social or economic background. races, creeds and classes. (2) No bequest, donation or transfer of any property shall be accepted by any Institute which in the opinion of the Council involves conditions or obligations opposed to the spirit and object of this section. (3) Admissions to every programme of study in each Institute shall be based on merit assessed through transparent and reasonable criteria disclosed through its prospectus, prior to the commencement of the process of admission by such Institute:SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 87 Provided that every such Institute shall be a Central Educational Institution for the 5 of 2007. purposes of the Central Educational Institutions (Reservation in Admission) Act, 2006. 9. All teaching at each of the Institute shall be conducted by or in the name of the Teaching at Institute in accordance with the Statutes and Ordinances made in this behalf. Institute. 10. Each Institute shall be a not-for-profit legal entity and no part of the surplus, if any, Institute to in revenue of such Institute, after meeting all expenditure in regard to its operations under be a distinct legal entity this Act, shall be invested for any purpose other than for the growth and development of not-for- such Institute or for conducting research therein. profit. 11. (1) The President of India shall be the Visitor of every Institute. Visitor. (2) The Visitor may appoint one or more persons to review the work and progress of any Institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the Visitor may direct. (3) Upon receipt of any such report, the Visitor may take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the Institute shall be bound to comply with such directions within a reasonable time. CHAPTER III AUTHORITIES OF CENTRALLY FUNDED INDIAN INSTITUTE OF INFORMATION TECHNOLOGY 12. The following shall be the authorities of an Institute, namely:— Authorities of Institute. (a) Board of Governors; (b) Senate; (c) Finance Committee; (d) Building and Works Committee; (e) Research Council; (f) such other authorities as may be declared by the Statutes to be the authorities of the Institute. 13. (1) The Board of Governors of each Institute shall be the principal executive body Board of of that Institute. Governors. (2) The Board of Governors of each Institute shall consist of the following members, namely:— (a) a Chairperson, an eminent technologist or industrialist or educationist to be nominated by the Visitor from a panel of three names recommended by the Central Government; (b) Secretary incharge of Information Technology or Higher Education in the State in which the Institute is located, ex officio; (c) one representative of the Department of Higher Education, Government of India dealing with Indian Institute of Information Technology, ex officio; (d) one representative of the Ministry of Communication and Information Technology, Government of India, ex officio; (e) Director of Indian Institute of Technology to be nominated by the Central Government; (f) Director of Indian Institute of Management to be nominated by the Central Government;88 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (g) four persons having special knowledge or practical experience in respect of information technology or engineering or science or allied areas to be nominated by the Council; (h) two Professors of the Institute nominated by the Senate; (i) Director of the Institute, ex officio; (j) the Registrar ex officio Secretary. Term of 14. (1) Save as otherwise provided in this section, the term of office of member of the office of, Board, other than the ex officio member, shall be three years from the date of nomination. vacancies among, and (2) The term of office of an ex officio member shall continue so long as he holds the allowances office by virtue of which he is a member. payable to, members of (3) The term of office of a member nominated under clause (h) of sub-section (2) of Board. section 13 shall be two years from the date of nomination. (4) A member of the Board, other than an ex officio member, who fails to attend three consecutive meetings of the Board, shall cease to a member of the Board. (5) Notwithstanding anything contained in this section, an outgoing member shall, unless the Council directs, continue in office until another person is nominated as a member in his place. (6) Members of the Board shall be entitled to such allowances, as may be specified in the Statutes, for attending meetings of the Board or as may be convened by the Institute. Powers and 15. (1) Subject to the provisions of this Act, the Board of every Institute shall be functions of responsible for the general superintendence, direction and control of the affairs of the Institute Board of and shall have the power to frame, amend, modify or rescind the Statutes and Ordinances Governors. governing the affairs of the Institute to achieve the objects specified in section 6. (2) Without prejudice to the provisions of sub-section (1), the Board shall have the following powers, namely:— (a) to take decisions on questions of policy relating to the administration and working of the Institute; (b) to establish departments, faculties or schools of studies and initiate programmes or courses of study at the Institute; (c) to examine and approve the annual budget estimates of such Institute; (d) to examine and approve the plan for development of such Institute and to identify sources of finance for implementation of the plan; (e) to create teaching and other academic posts, to determine, by Statutes, the number and emoluments of such posts and to define the duties and conditions of service of teachers and other academic staff: Provided that the Board shall not take action otherwise than on consideration of the recommendations of the Senate; (f) to provide, by Statutes, the qualifications, criteria and processes for appointment to teaching and other posts in such Institute; (g) to fix fees, by the Statutes and other charges to be demanded for pursuit of studies in the Institute; (h) to make Statutes governing the administration, management and operations of such Institute; and (i) to exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or Statutes.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 89 (3) The Board shall have the power to appoint such committees, as it considers necessary for the exercise of its powers and the performance of its duties under this Act. (4) The Board shall conduct an annual review of the performance of the Director with specific reference to his leadership in the context of the achievement of the objects of the Institute. (5) Where in the opinion of the Director or the Chairperson, the situation is so emergent that an immediate decision needs to be taken in the interest of the Institute, the Chairperson, in consultation with the Director may issue such orders as may be necessary, recording the grounds for his opinion: Provided that such orders shall be submitted for ratification of the Board in the next meeting. 16. (1) The Senate of each Institute shall consist of the following persons, namely:— Senate. (a) Director of the Institute, ex officio Chairperson; (b) Deputy Director, ex officio; (c) Deans, ex officio; (d) Heads of the Departments of the Institute, ex officio; (e) all Professors other than the Deans or Heads of the Departments; (f) three persons from amongst educationists of repute or persons from another field related to the activities of the Institute who are not in service of the Institute, nominated by the Board of Governors; (g) three persons who are not members of teaching staff co-opted by the Senate for their specialised knowledge; (h) Registrar of the Institute, ex officio, Secretary. (2) The term of office of members other than ex officio member shall be two years from the date of nomination. (3) The term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member. 17. (1) Subject to the provisions of this Act, the Senate shall be the principal academic Powers and body of the Institute and shall have the power to enact, amend, modify Ordinances, governing functions of Senate. academic matters and the affairs and well-being of students in the Institute. (2) Without prejudice to the provisions of sub-section (1), the Senate shall have the following powers, namely:— (a) to specify the criteria and process for admission to courses or programmes of study offered by the Institute; (b) to recommend to the Board creation of teaching and other academic posts, determination of the number and emoluments of such posts and defining the duties and conditions of service of teachers and other academic posts; (c) to recommend to the Board about commencement of new programmes or courses of study; (d) to specify the broad academic content of programmes and courses of study and undertake modifications therein; (e) to specify the academic calendar and approve grant of degrees, diplomas and other academic distinctions or titles; (f) to appoint examiners, moderators, tabulators and such other personnel for different examinations;90 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (g) to recognise diplomas and degrees or Universities and other Institutes and to determine equivalence with the diplomas and degrees of the Institute; (h) to suggest measures for departmental co-ordination; (i) to make major recommendations to the Board of Governors on— (a) measures for improvement of standard of teaching, training and research; (b) institution of chairs, fellowships, scholarships, studentships, free-ships, medals and prizes and other related matters; (c) establishment or abolition of departments or centres; and (d) bye-laws covering the academic functioning of the institute, discipline, residence, admissions, examinations, award of fellowships and studentships, free-ships concessions, attendance and other related matters; (j) to appoint sub-committees to advise on such specific matters as may be referred to by the Board of Governors or by itself; (k) to consider the recommendations of the sub-committees and to take such action including making of recommendations to the Board of Governors as may be required; (l) to take periodical review of the activities of the Departments or Centres and to take appropriate action including making of recommendations to the Board of Governors with a view to maintain and improve the standards of instructions, in the institutions; and (m) to exercise such other powers and discharge such other functions as may be assigned to it, by Statutes or otherwise, by the Board. Finance 18 (1)The Finance Committee of each Institute shall consist of the following persons, Committee. namely:— (a) the Chairperson, Board of Governors ex officio who shall be the Chairperson of the Committee; (b) one representative of the Government of India, Ministry of Human Resource Development, Department of Higher Education handling the matters relating to Indian Institute of Information Technology, ex officio; (c) one representative of the Government of India, Ministry of Human Resource Development, Department of Higher Education handling the matters relating to finance, ex officio; (d) two persons nominated by the Board; (e) the Director, ex officio; (f) the Officer incharge of Finance and Accounts of the Institute ex officio Secretary. (2) The members of the Finance Committee other than ex officio members shall hold office for a term of three years. Powers and 19. The Finance Committee shall examine the accounts, scrutinise proposals for functions of expenditure and financial estimates of the Institute and thereafter submit it to the Board of Finance Governors together with its comments for approval. Committee. Building and 20. The Building and Works Committee of each Institute shall consist of the following Works persons, namely:— Committee. (a) the Director, ex officio, who shall be the Chairperson of the Committee;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 91 (b) one person nominated by Indian Institute of Technology located in the State in which the Institute is situated; (c) one person nominated by the Board from amongst its members; (d) Dean, Planning and Development; (e) a civil engineer not below the rank of superintending engineer in the Government or Government Agency nominated by the Board; (f) an electrical engineer not below the rank of superintending engineer in the Government or Government Agency nominated by the Board; (g) the officer incharge of Estate of the Institute ex officio Secretary. 21.The Building and Works Committee shall discharge the following powers and Powers and functions, namely:— functions of Building and (a) it shall be the responsibility of the Committee for construction of all major Works capital works after securing from the Board the necessary administrative approval and Committee. financial sanction; (b) it shall have the power to give the necessary administrative approval and financial sanction for all construction work and work pertaining to maintenance and repairs, within the grant place at the disposal of the Institute for the purpose; (c) it shall cause to be prepared estimates of cost of building and other capital work minor works, repair, maintenance and the like; (d) it shall be responsible for making technical scrutiny of each work as may be considered necessary by it; (e) it shall be responsible for enlistment of suitable contractors and acceptance of tenders and shall have the power to give direction for departmental works where necessary. 22. (1) Each Institute shall establish a Research Council comprising of the Director and Research such other members as may be specified, by Statutes, by the Board. Council. (2) The Research Council of each Institute shall— (a) interface with research funding organisations, industry and civil society to identify potential areas for research; (b) to organise and promote research in such Institute or in collaboration with any institution of higher learning or research laboratories; (c) assist teachers in obtaining funding from external sources for research projects prepared by them; (d) provide, out of the funds placed at its disposal by the Board, research resources and grant assistance for research projects proposed to be undertaken by teachers in such Institute; (e) provide for incubation of technology applications emerging from research and to protect and utilise the intellectual property obtained from research in the Institutes; (f) make provision for research and advisory services and for that purpose enter into such arrangements with other institutions, industry, civil society or other organisations and enable the fruits of research to be disseminated to industry and society through such arrangements; (g) exercise such other powers and perform such other duties as may be assigned to it by Statutes.92 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Meetings. 23. (1) The Chairperson shall ordinarily preside over the meetings of the Board, Finance Committee and at the convocations of the Institute. (2) It shall be the duty of the Chairperson to ensure that the decisions taken by the Board are implemented. (3) The Chairperson shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes. Director. 24. (1) The Director of a Institute shall be appointed by the Central Government from a panel of names recommended in order of merit by a search-cum-selection committee with prior approval of the Visitor. (2) The search-cum-selection committee shall consist of the following, namely:— (a) an eminent person to be nominated by the Minister in charge of Human Resource Development in the Government of India as Chairperson of the Committee; (b) the Chairperson, Board of Governors of the concerned Indian Institutes of Information Technology — Member, ex officio; (c) Secretary incharge of Higher Education in the Government of India — Member, ex officio; (d) Director of a Indian Institutes of Information Technology to be nominated by Minister incharge of Human Resource Development — Member, ex officio; (e) a person of eminence in the field of information technology to be nominated by Minister incharge of Human Resource Development; (f) Head of Bureau, Ministry of Human Resource Development dealing with Indian Institutes of Information Technology — non-member Secretary, ex officio. (3) The Director shall be appointed on such terms and conditions of service as may be provided by the Statutes. (4) The Director shall be the principal academic and executive officer of the Institute and shall be responsible for the implementation of the decisions of the Board and Senate and day-to-day administration of the Institute. (5) The Director shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes or delegated by the Board or the Senate or the Ordinances. (6) The Director shall submit annual reports and audited accounts to the Board. (7) The Director may during his absence from the headquarters, authorise the Deputy Director or one of the Deans or the senior most Professor present, to sanction advances for travelling allowances, contigencies and medical treatment of the staff and sign and countersign bills on his behalf and authorise to the Deputy Director or one of the Dean or the senior most Professor present, by him in writing. Registrar. 25. (1) The Registrar of every Institute shall be appointed on such terms and conditions as may be laid down by the Statutes and shall be the custodian of records, the common seal, the funds of the Institute and such other property of the Institute as the Board shall commit to his charge. (2) The Registrar shall act as the Secretary of the Board, Senate and such committees as may be prescribed by the Statutes. (3) The Registrar shall be responsible to the Director for the proper discharge of his functions. (4) The Registrar shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes or by the Director.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 93 26. (1) The Board may, by Statutes, declare such other posts as authorities of the Other Institute and specify the duties and function of each such authority. authorities and officers. (2) The Board may constitute such authorities as it may deem fit for proper management of affairs of the Institute. 27. (1) Each Institute shall, within five years from the establishment and incorporation Review of of Institute under this Act and thereafter at the expiration of every fifth year, constitute, with performance of Institute. the prior approval of the Central Government, a Committee to evaluate and review the performance of the Institute in achievement of its objects in the said period. (2) The Committee under sub-section (1) shall consist of members of acknowledged repute in academia or industry, drawn from such fields of knowledge as may have relevance to teaching, learning and research in such Institute. (3) The Committee shall assess the performance of Institute and make recommendations on— (a) the extent of fulfilment of the objects of the Institute referred to in section 6, as demonstrated by the state of teaching, learning and research and its contribution to society; (b) the promotion of transformational research and its impact on industry and society; (c) the advancement of fundamental research beyond the current frontiers of knowledge; (d) the establishment of the Institute as amongst the global leaders in the area of information technology; (e) such other matters as the Board may specify. (4) The Board shall consider the recommendations referred to in sub-section (3) and take such action on it as it may deem fit: Provided that the recommendations of the Committee along with an explanatory memorandum on the action taken or proposed to be taken, specifying the reasons thereof, shall be submitted to the Central Government. CHAPTER IV ACCOUNTS AND AUDIT 28. (1) For the purposes of enabling the Institutes to discharge their functions efficiently Grants by under this Act, the Central Government may, after due appropriation made by Parliament by Central Government. law in this behalf, pay to each Institute in every financial year such sums of money in such manner as it may think fit. (2) The Central Government shall provide to each Institute, grants of such sums of money as are required to meet the expenditure on scholarships or fellowships instituted by it, including scholarships or fellowships for students from socially and educationally backward classes of citizens enrolled in such Institute. 29. (1) Every Institute shall maintain a fund to which shall be credited — Fund of Institute. (a) all monies provided by the Central Government or State Government, as the case may be; (b) all fees and other charges received by the Institute from students; (c) all monies received by the Institute by way of grants, gifts, donations, benefactions, bequests or transfers;94 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (d) all monies received by the Institute from utilisation of intellectual property arising from research conducted or provision of advisory or consultancy services by it; and (e) all monies received by the Institute in any other manner or from any other source. (2) The fund of every Institute shall be applied towards meeting the expenses of the Institute, including expenses incurred in the exercise of its powers and discharge of its duties under this Act, furtherance of research in the Institute or in collaboration with other educational institutions or industry and for capital investment aimed at the growth and development of the Institute. Accounts and 30. (1) Every Institute shall maintain proper accounts and other relevant records and audit. prepare annual statement of accounts including the balance sheet in such form and accounting standard as may be specified by notification, by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) Where the statement of income and expenditure and the balance sheet of the Institute do not comply with the accounting standards, the Institute shall disclose in its statement of income and expenditure and balance sheet, the following, namely:— (a) the deviation from the accounting standards; (b) the reasons for such deviation; and (c) the financial effect, if any, arising out due to such deviation. (3) The accounts of every Institute shall be audited by the Comptroller and Auditor- General of India and any expenditure incurred by audit team in connection with such audit shall be payable by the Institute to the Comptroller and Auditor-General of India. (4) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of any Institute shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts and, in particular shall have the rights to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the Institute. (5) The accounts of every Institute as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament in accordance with such procedure as may be laid down by the Central Government. Pension and 31. (1) Every Institute may constitute for the benefit of its employees such provident provident or pension fund or provide such insurance scheme as it may deem fit in such manner and fund. subject to such conditions as may be prescribed by the Statutes. (2) Where such provident fund or pension fund has been so constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925, shall apply to 19 of 1925. such fund, as if it were a Government Provident Fund. Appointments. 32. All appointments of the staff of every Institute, except that of the Director, shall be made in accordance with the procedure laid down in the Statutes, by— (a) the Board, if the appointment is made on the academic staff in the post of Assistant Professor or if the appointment is made on the non-academic staff in every cadre the maximum of the pay scale for which exceeds prevalent grade pay scale for Group A Officers; (b) the Director, in any other case.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 95 33. Subject to the provisions of this Act, the Statutes may provide for all or any of the Statutes. following matters, namely:— (a) the conferment of honorary degree; (b) the formation of departments of teaching; (c) the fees to be charged for courses of study in the Institute and for admission to the examinations of degrees and diplomas of the Institute; (d) the institution of fellowships, scholarships, exhibitions, medals and prizes; (e) the terms of office and the method of appointment of officers of the Institute; (f) the qualifications of teachers of the Institute; (g) the classification, the method of appointment and the determination of the terms and conditions of service of teachers and other staff of the Institute; (h) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the Institute; (i) the constitution, powers and duties of the authorities of the Institute; (j) the establishment and maintenance of halls and hostels; (k) the conditions of residence of students of the Institute and the levying of fees for residence in the halls and hostels and of other charges; (l) the allowances to be paid to the Chairperson and members of the Board; (m) the authentication of the orders and decisions of the Board; and (n) the meetings of the Board, the Senate, or any Committee, the quorum at such meetings and the procedure to be followed in the conduct of their business. 34. (1) The first Statutes of each Institute shall be made by the Board with the prior Statutes how approval of the Visitor and a copy of the same shall be laid as soon as may be before each to be made. House of Parliament. (2) The Board may, from time to time, make new or additional Statutes or may amend or repeal the Statutes in the manner provided in this section. (3) Every new Statutes or addition to the Statutes or any amendment or repeal of Statutes shall require the prior approval of the Visitor who may grant assent or withhold assent or remit it to the Board for consideration. (4) New Statutes or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor: Provided that the Central Government with the prior approval of the Visitor may make or amend the Statutes for the Institute, if the same is required for uniformity, and a copy of the same shall be laid as soon as may be before each House of the Parliament. 35. Subject to the provisions of this Act and the Statutes, the Ordinances of every Ordinances. Institute may provide for all or any of the following matters, namely:— (a) the admission of the students to the Institute; (b) the courses of study to be laid down for all degrees and diplomas of the Institute; (c) the conditions under which students shall be admitted to the degree or diploma courses and to the examinations of the Institute, and shall be eligible for degrees and diplomas; (d) the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes; (e) the conditions and mode of appointment and duties of examining bodies, examiners and moderators;96 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (f) the conduct of examinations; (g) the maintenance of discipline among the students of the Institute; and (h) any other matter which by this Act or the Statutes is to be or may be provided for by the Ordinances. Ordinances 36. (1) Save as otherwise provided in this section, Ordinances shall be made by the how to be Senate. made. (2) All Ordinances made by the Senate shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Board and shall be considered by the Board at its next meeting. (3) The Board shall have power by resolution to modify or cancel any such Ordinance and such Ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be. Tribunal of 37. (1) (a) Any dispute arising out of a contract between a Institute and any of its Arbitration. employees shall, at the request of the employee concerned or at the instance of the Institute, be referred to a Tribunal of Arbitration consisting of one member appointed by the Institute, one member nominated by the employee, and an umpire appointed by the Visitor. (b) The decision of the Tribunal shall be final and shall not be questioned in any court. (c) No suit or proceeding shall lie in any court in respect of any matter, which is required by sub-section (1) to be referred to the Tribunal of Arbitration. (d) The Tribunal of Arbitration shall have power to regulate its own procedure: Provided that the Tribunal shall have regard to the principles of natural justice while making such procedure. (e) Nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section. (2) Any student or candidate for an examination whose name has been removed from the rolls of the Institute by the orders or resolution of the Director of the Institute and who has been debarred from the appearing at the examinations of the Institute for more than one year, may within ten days of the date of receipt of such resolution by him, appeal to the Board of Governors who may confirm, modify or reverse the decision of the Director. (3) Any dispute arising out of any disciplinary action taken by the Institute against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-section (1) shall, as far as may be, apply to a reference made under this sub-section. (4) Every employee or student of the Institute, notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed by the Statutes, to the Board of Governors against the decision of any officer or authority of the Institute as the case may be and thereupon the Board of Governors may confirm, modify or reverse the decision appealed against. Annual report 38. (1) There shall be attached to every statement of accounts laid before the Board of of Director. each Institute, a report by its Director, with respect to— (a) the state of affairs of such Institute; (b) the amounts, if any, which it proposes to carry to any surplus reserves in its balance sheet; (c) the extent to which understatement or overstatement of any surplus of income over expenditure or any shortfall of expenditure over income has been indicated in the auditor’s report and the reasons for such understatement or overstatement;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 97 (d) the productivity of research projects undertaken by the Institute measured in accordance with such norms as may be specified by any statutory regulatory authority; (e) appointments of the officers and teachers of the Institute; (f) benchmark and internal standards set by the Institute, including the nature of innovations in teaching, research and application of knowledge. (2) The Director shall also be bound to give the complete information and explanations in its report aforesaid on every reservation, qualification or adverse remark contained in the auditors’ report. 39. (1) The annual report of each Institute shall be prepared under the direction of the Annual Board, which shall include, among other matters, the steps taken by the Institute towards the report of each fulfilment of its objects and an outcome based assessment of the research being undertaken Institute. in such Institute, and be submitted to the Board on or before such date as may be specified and the Board shall consider the report in its annual meeting. (2) The annual report on its approval by the Board shall be published on the website of the Institute. (3) The annual report of each Institute shall be submitted to the Central Government who shall, as soon as may be, cause the same to be laid before both Houses of Parliament. CHAPTER V THE COUNCIL 40. (1) In order that there may be better coordination between the Institutes, the Council of Central Government may, by notification in the Official Gazette, establish, with effect from Institutes. such date as may be specified in the notification, there shall be established for all the Institutes specified in column (5) of the Schedule, a central body to be called the Council. (2) The Council shall consist of the following, namely:— (i) the Minister of the Central Government in charge of technical education, who shall be the Chairperson of the Council, ex officio; (ii) two members of Parliament of India (one member to be nominated by Speaker of Lok Sabha and one member to be nominated by Chairperson of Rajya Sabha), ex officio; (iii) Secretary, Government of India, Ministry of Human Resource Development, Department of Higher Education; (iv) the Chairpersons of each of the Institutes, ex officio; (v) the Directors of each of the Institutes, ex officio; (vi) the Director-General, Council of Scientific and Industrial Research, ex officio; (vii) three persons to be nominated by the Central Government, one each to represent the Ministry concerned with Finance, Science and Technology and Information Technology; (viii) three persons to be nominated by Visitor, who shall be persons having special knowledge or practical experience in respect of industry, academia, engineering, alumni and social sciences to be nominated by the Council from a panel comprised of two names recommended by each Institute; (ix) one representative of University Grants Commission; (x) one representative of All India Council of Technical Education; and (xi) Chairperson, Central Board of Secondary Education.98 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) An officer of the Department of Higher Education, Government of India, concerned with technical education shall be nominated by that Government to act as the Secretary of the Council. (4) The Council may, at its discretion, constitute a Standing Committee of the Indian Institute of Information Technology Council to assist the Council in discharge of its duties and responsibilities. (5) The expenditure on the Council shall be met by the Central Government. Term of 41. (1) Save as otherwise provided in this section, the term of office of a member of the office and Council, other than an ex officio member, shall be for a period of three years from the date of allowances nomination. payable to members of (2) The term of office of an ex officio member shall continue so long as he holds the Council. office by virtue of which he is a member. (3) The term of office of a member elected under clause (ii) of sub-section (2) of section 40 shall expire as soon as he ceases to be a member of the House which elected him. (4) Notwithstanding anything contained in this section, an outgoing member shall, unless the Council directs, continue in office until another person is nominated as a member in his place. (5) Members of the Council shall be entitled to travelling and such other allowances, as may be prescribed, for attending meetings of the Council or its Committees thereof. Functions and 42. (1) The Council shall work to coordinate the activities of all the Institutes. duties of Council. (2) Without prejudice to the provisions of sub-section (1), the Council shall perform the following functions, namely:— (a) to advise on matters relating to the duration of the courses, the degrees and other academic distinctions to be conferred by the Institutes, admission standards and other academic matters; (b) to lay down policy regarding cadres, methods of recruitment and conditions of service of employees, institution of scholarships and free-ships, levying of fees and other matters of common interest; (c) to examine the development plans of each Institute and to approve such of them as are considered necessary and also to indicate broadly the financial implications of such approved plans; (d) to examine the annual budget estimates of each Institute and to recommend to the Central Government the allocation of funds for that purpose; (e) to recommend to the Central Government, the institution of scholarships including research and for the benefit of students belonging to the Scheduled Castes, the Scheduled Tribes and Other Backward Classes of citizens; (f) to recommend to the Central Government, proposals for establishment of new Institutes of Information Technology; (g) to advise the Visitor, if so required, in respect of any function to be performed by him under this Act; and (h) to perform such other functions as may be referred to it by the Central Government: Provided that nothing in this section shall derogate the powers and functions vested by law in the Board or Senate or other authorities of each Institute. (3) The Chairperson of the Council shall ordinarily preside at the meetings of the Council and in his or her absence, any other member, chosen by the Members present from amongst themselves at the meeting, shall preside at the meeting.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 99 (4) The Council shall meet once in every year and follow such procedure in its meetings as may be prescribed. 43. (1) The Central Government may, after previous publication, by notification, make Power to rules to carry out the purposes of this Chapter. make rules in respect of (2) In particular and without prejudice to the generality of the foregoing power, such matters in rules may provide for all or any of the following matters, namely:— this Chapter. (a) the travelling and other allowances payable to members of the Council under sub-section (5) of section 41; (b) the procedure to be followed in the meetings of the Council under sub-section (4) of section 42. CHAPTER VI MISCELLANEOUS 44. No act of the Council, or any Institute, Board or Senate or any other body set-up Acts and under this Act or the Statutes, shall be invalid merely by reason of— proceedings not to be (a) any vacancy in or defect in the constitution thereof; invalidated by vacancies, etc. (b) any irregularity in its procedure not affecting the merits of the case; (c) any defect in the selection, nomination or appointment of a person acting as a member thereof. 45. Every Institute shall furnish to the Central Government such returns or other Returns and information with respect to its policies or activities as the Central Government may, for the information to be purpose of reporting to Parliament or for the making of policy, from time to time require. provided to Central Government. 46. The Institute shall carry out such directions as may be issued to it from time to time Power of by the Central Government for the efficient administration of this Act. Central Government to issue directions. 22 of 2005. 47. The provisions of the Right to Information Act, 2005 shall apply to each Institute, Institute to be defined in clause (h) of section 2 of the Right to Information Act, 2005. public authority under Right to Information Act. 48. (1) Notwithstanding anything contained in this Act— Transitional provisions. (a) the Board of Governors of an Institute functioning as such immediately before the commencement of this Act shall continue to so function until a new Board is constituted for that Institute under this Act, but on the constitution of a new Board under this Act, the members of the Board holding office before the commencement of this Act shall cease to hold office; (b) every Senate constituted in relation to every Institute before the commencement of this Act shall be deemed to be the Senate constituted under this Act until a Senate is constituted under this Act for the Institute, but on the constitution of the new Senate under this Act, the members of the Senate holding office before the commencement of this Act shall cease to hold office;100 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (c) the Statutes, Ordinances, rules, regulations and bye-laws of each existing Institute as in force, immediately before the commencement of this Act, shall continue to apply to the corresponding institute in so far as they are not inconsistent with the provisions of this Act until the first Statutes and the Ordinances are made under this Act; (d) any student who joined classes of the existing Institute on or after the academic year 2007-2008 or completed the course on or after the academic year 2010-2011 shall for the purpose of clause (c) of sub-section (1) of section 7, be deemed to have pursued a course of study in the existing Institute located at Kancheepuram only if such student has not already been awarded degree or diploma for the same course of study. (2) The Central Government may, without prejudice to the provisions of sub-section (1), if it considers necessary and expedient to do so, by notification, take such measures which may be necessary for the transfer of the existing Institute mentioned in column (3) of the Schedule to the corresponding Institute mentioned under column (5) of the Schedule. Power to 49. (1) If any difficulty arises in giving effect to the provisions of this Act the Central remove Government, may, by order published in the Official Gazette, make such provisions not difficulties. inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of the period of three years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be, after it is made, be laid before each House of Parliament. Laying of 50. Every rule made and every notification issued by the Central Government under rules and this Act, shall be laid, as soon as may be after it is made or issued, before each House of notification. Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 101 THE SCHEDULE [See section 4(1)] SI. Name of the Name of the existing Institute Location Name of the No. State Institute under this Act (1) (2) (3) (4) (5) 1. Uttar Pradesh Indian Institute of Information Allahabad Indian Institute of Technology, Allahabad Information Technology, Allahabad. 2. Madhya Indian Institute of Information Gwalior Atal Bihari Pradesh Technology, Gwalior Vajpayee Indian Institute of Information Technology, and Management, Gwalior. 3. Madhya Indian Institute of Information Jabalpur Pandit Dwarka Pradesh Technology, Design and Prasad Mishra Manufacturing Indian Institute of Information Technology, Design and Manufacturing, Jabalpur. 4. Tamil Nadu Indian Institute of Information Kancheepuram Indian Institute of Technology, Design and Information Manufacturing Technology, Design and Manufacturing, Kancheepuram.102 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Education is a key element for developing human resources and contributing to the growth of the society. From a relatively small beginning, the Indian Information Technology (IT) industry has emerged as a strong and credible force and is now recognised as a major constituent of the global IT services industry. In order to develop manpower for different areas of knowledge economy, education and training in Information Technology is a prerequisite. 2. A major objective in establishing Indian Institutes of Information Technology (IIITs) is also to set up a model of education which can produce best-in-class human resources in IT and harnessing the multi-dimensional facets of IT in various domains. These are conceived as research-led institutions contributing significantly to the global competitiveness of key sectors of the Indian economy and industry with application of IT in selected domain areas. While the number of students produced by these IIITs may be small, the impact they are likely to create will be substantial. 3. The Bill seeks to provide the four existing IIITs funded by the Central Government independent statutory status with uniform governance structure and policy frame work as also to declare them as Institutions of national importance and to enable them to grant degrees to their students in the academic courses conducted by these Institutes. 4. The Bill seeks to achieve the above objectives. NEW DELHI; SMRITI ZUBIN IRANI The 5th August, 2014.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 103 Notes on clauses Clause 1.—This clause provides for the short title and commencement of the proposed legislation. Clause 2.—This clause provides for declaration of certain institutions as institutions of national importance. Clause 3.—This clause provides for definitions of various expressions used in the proposed legislation, which, inter alia, include “existing Institute”, “institute” “prescribed”, etc. Clause 4.—This clause provides for incorporation of Institutes. Sub-clause (1) of the said clause provides that on and from the commencement of the Act—(a) every existing Institute, shall be a body corporate by the same name as mentioned under column (5) of the said Schedule; sub-clause (2) provides that every existing Institute referred to in column (5) of the Schedule shall have perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. Clause 5.—This clause provides for effect of incorporation of Institutes. It provides that on and from the date of commencement of this Act– (a) any reference to any existing Institute in any contract or other instrument shall be deemed as a reference to the corresponding Institute mentioned in column (5) of the Schedule; (b) all properties, movable and immovable, of or belonging to every existing Institute shall vest in the corresponding Institute mentioned under column (5) of the Schedule; (c) all the rights, debts and other liabilities of every existing Institute mentioned in column (3) of the Schedule shall be transferred to, and be the rights and liabilities of, the corresponding Institute mentioned in column (5) of the Schedule; (d) every person employed by any existing Institute mentioned in column (3) of the Schedule, immediately before such commencement, shall hold his office or service in the corresponding Institute mentioned in column (5) of the Schedule, by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this Act had not been enacted and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and the terms and conditions are duly altered by the Statutes. However, the sub-clause provides that if the alteration so made is not acceptable to such employee, his employment may be terminated by the Institute in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment, to him by the Institute of compensation equivalent to three months’ remuneration in case of permanent employees and one month’s remuneration in the case of other employees. The said sub- clause further provides that any reference, by whatever form of words, to the Director, Registrar or other officer of an existing Institute mentioned in column (3) of the Schedule, in any law for the time being in force, or in any instrument or other document, shall be construed as a reference to the Director, Registrar or other officer of the corresponding Institute column (5) of the Schedule; (e) every person pursuing, any academic or research course immediately before such commencement in any existing Institute mentioned in column (3) of the Schedule, shall be deemed to have migrated and registered with the corresponding Institute mentioned in column (5) of the said Schedule at the same level of course in such Institute from which such person migrated; (f) all suits and other legal proceedings instituted by or against an existing Institute, immediately before the commencement of this Act, may be continued or instituted by or against the corresponding Institute mentioned in column (5) of the Schedule.104 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Clause 6.—This clause provides for objects of Institutes. It provides that the objects of every Institute shall be to— (a) emerge as one amongst the foremost institutions in information technology and allied fields of knowledge; (b) advance new knowledge and innovation-tin information technology and allied fields to empower the nation to the forefront in the global context; (c) develop competent and capable youth imbued with the spirit of innovation and entrepreneurship with the social and environmental orientation to meet the knowledge needs of the country and provide global leadership in information technology and allied fields; (d) promote and provide transparency of highest order in matters of admission, appointment to various positions, academic evaluation, administration and finance. Clause 7.—This clause provides for powers and functions of Institutes. It provides that subject to the provisions of this Act, every Institute shall exercise the following powers and perform the following functions— (a) to provide for instructions in such fields of knowledge relating to information technology and allied areas as such Institute may think fit, for the advancement of learning and dissemination of knowledge; (b) to lead, organise and conduct research and innovation in information technology and allied fields of knowledge in such manner as the Institute may think fit, including collaboration or association with any other Institute, educational institution, research organisation or body corporate; (c) to hold examinations and grant degrees, diplomas and other academic distinctions or title and to confer honorary degree; (d) to institute teaching, research or other academic positions, required by the Institute with such designations as it may deem fit, and to appoint-persons on tenure, term or otherwise to such positions, other than the post of Director in accodance with the policy laid down by the council (e) to appoint persons working in any other Institute or educational institution or involved in research of significance in any industry as adjunct, guest or visiting faculty of the Institute on such terms and for such duration as the Institute may decide; (f) to create administrative and other posts and to make appointments thereto in accodance with the policy laid down by the council (g) to make provision for dissemination of knowledge emerging from research and for that purpose to enter into such arrangements, including consultancy and advisory services, with other institutions, industry, civil society or other organisations, as the Institute may consider necessary; (h) to create a website, to highlight all information not restricted to those related to students, admission, fee, administrative structure, policies including recruitment rules, faculty and non-faculty posts, annual reports and financial details including statement of account of the Institute; (i) to determine, specify and receive payment of the charges, as the Institute may deem fit, from students and any other person, institution or body corporate for services, including training, consultancy and advisory services, provided by the Institute; (j) to deal with any property belonging to, or vested in, the Institute in such manner as the Institute may deem fit for advancement of the objects of the Institute and no land or other immovable property shall be disposed of by the Institute without the prior approval of the Central Government and where the land for the Institute has been provided free of cost by a State Government, such land may be disposed of only with the prior approval of such State Government; (k) to receive gifts, grants, donations or benefactions from the Government and to receive bequests, donations and transfer of movable or immovable properties from testators, donors or transferors, as the case may be; (l) to co-operate with educational or other institutions in any part of the world having objects wholly or partly similar to those of the Institute by exchange of teachers and scholars and generally in such manner as may be conducive to their common objects; (m) establish and maintain such infrastructure as may be necessary; (n) to institute and award fellowships, scholarships, exhibitions, prizes and medals; (o) to strive to meet the technological needs of the States and the Union territories by supporting technical educational institutions; and (p) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the Institute. Sub-clause (2) provides that notwithstanding anything contained in sub-clause (1), an institute shall not dispose of in any manner any immovable property, without the prior approval of the Visitor.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 105 Clause 8.—This clause provides that each Institutes shall be open to all races, creeds and classes. Sub-clause (1) of the said clause provides that every Institute shall be open to . all citizens, irrespective of gender, caste, creed, disability, domicile, ethnicity, social or economic background. Sub-clause (2) provides that no bequest, donation or transfer of any property shall be accepted by any Institute which in the opinion of the Council involves conditions or obligations opposed to the spirit and object of this section. Sub-clause (3) of the said clause provides that admissions to every course or programme of study in each Institute shall be based on merit assessed through transparent and reasonable criteria disclosed through its prospectus, prior to the commencement of the process of admission by such Institute. However, every such Institute shall be a Central Educational Institution for the purposes of the Central Educational Institutions (Reservation in Admission) Act, 2006. Clause 9.— This clause provides that all teaching at each Institute shall be conducted by or in the name of the Institute in accordance with the Statutes and Ordinances made in this behalf . Clause 10.—This clause provides that every Institute shall be a not-for-profit legal entity and no part of the surplus, if any, in revenue of such Institute, after meeting all expenditure in regard to its operations under this Act, shall be invested for any purpose other than for the growth and development of such Institute or for conducting research therein. Clause 11.—This clause provids for Visitor. Sub–clause (1) provides that the President of India shall be the Visitor of every Institute. Sub-clause (2) provides that the Visitor may appoint one or more persons to review the work and progress of any Institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the Visitor may direct. Sub-clause (3) provides that upon receipt of any such report, the Visitor may take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the Institute shall be bound to comply with such directions within reasonable time. Clause 12.—This clause provids for authorities of Institutes, namely, (a) Board of Governors; (b) senate; (c) Finance Committee ; (d) Building and Works Committee (e) Research Council; (f) Such other authorities as may be declared by the Statutes to be the authorities of the Institute. Clause 13.—This clause provides for the Board of Governors. Sub-clause (1) of the said clause provides that the Board of Governors of each Institute shall be the principal executive body of that Institute. Sub-clause (2) of the said clause provides that the Board of Governors of each Institute shall consist of the following members—- (a) a Chairperson, an eminent technologist or industrialist or educationist to be nominated by the Visitor from a panel of three names recommended by Central Government; (b) Secretary in charge of Information Technology or higher education in the State in which the Institute is located, ex officio; (c) one representative of the Department of Higher Education, Government of India dealing with Indian Institute of Information Technology, ex officio; (d) one representative of the Ministry of Communication and Information Technology, Government of India, ex officio; (e) Director of Indian Institute of Technology to be nominated by the Central Government; (f) Director of an Indian Institute of Management to be nominated by the Central Government; (g) four persons having special knowledge or practical experience n respect of information technology or engineering or science or allied areas to be nominated by the Council; (h) two Professors of the Institute nominated by the Senate; (i) Director of the Institute, ex officio; and (j) the Registrar, ex officio Secretary. Clause 14. –—This clause provides for term of office of, vacancies among, and allowances payable to, members of Board. Sub-clause (1) of the said clause provides that save as otherwise provided in this section, the term of office of member of Board, other than an ex officio member, shall be three years from the date of his nomination. Sub-clause (2) of the said clause provides that the term of office of an ex officio member shall continue as long as he holds the office by106 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— virtue of which he is a member. Sub-clause (3) provides that the term of a member nominated under clause (h) of sub-clause (2) of clause 13 shall be two years from the date of nomination. Sub-clause (4) provides that a member of the Board, other than an ex officio member, who fails to attend three consecutive meetings of the Board, shall cease to be a member of the Board. Sub-clause (5) provides that notwithstanding anything contained in this section, an outgoing member shall, unless the Council directs continue in office until another person is nominated as a member in his place. Sub-clause (6) provides that Members of Board shall be entitled to such allowances, as may be specified in Statutes, for attending meetings of the Board as may be convened by the Institute. Clause 15. — This clause provides for the powers and functions of the Board of Governors. Sub-clause (1) provides that subject to the provisions of this Act, the Board of every Institute shall be responsible for the general superintendence, direction and control of the affairs of the Institute and shall have the power to frame , amend, modify or rescind the Statutes and ordinances governing the affairs of the Institute to achieve the objects specified in clause 6. Sub-clause (2) provides that without prejudice to the provisions of sub-clause (1), the Board shall have the following powers, namely, (a) take decisions on questions of policy relating to administration and working of the institute; (b) establish departments, faculties or schools of studies and initiate programmes or courses of study at the Institute; (c) examine and approve the annual budget estimates of such Institute; (d) examine and approve the plan for development of such institute and to identify sources of finance for implementation of the plan; (e) create teaching and other academic posts, to determine, by Statutes, the number and emoluments of such posts and to define the duties and conditions of service of teachers and other academic staff but the Board shall not take action otherwise than on consideration of the recommendations of the Senate; (g) provide by Statutes, the qualifications, criteria and processes for appointment to teaching and other posts in such Institute; (h) fix fees, by the Statutes and other charges to be demanded for pursuit of studies in the Institute; (i) make Statutes governing the administration, management and operations of such Institute; and (j) exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or Statutes. Sub-clause (3) of this clause provides that the Board shall have the power to appoint such Committees, as it considers necessary for the exercise of its powers and the performance of its duties under this Act. Sub-clause (4) of this clause that the Board shall conduct an annual reviews the performance of Director with specific reference to his leadership in the context of the achievement of the objects of the Institute. Sub-clause (5) of this clause provides that where in the opinion of the Director or the Chairperson the situation is so emergent that an immediate decision needs to be taken in the interest of the Institute, the Chairperson in consolation with the Director may issue such orders as may be necessary, recording the grounds for his opinion. However, such orders shall be submitted for ratification the Board in the next meeting. Clause 16.—This clause provides for the Senate. Sub-clause (1) of this clause provides for the constitution of the Senate, shall consist of— (a) Director of the Institute, ex officio, Chairperson; (b) Deputy Director, ex offcio; (c) Deans, ex officio; (d) Heads of the Department of the Institute, ex officio; (e) all Professors other than the Deans or Heads of the Department; (f) three persons from amongst educationists of repute or persons from another field related to the activities of the Institute who are not in service of the Institute, nominated by the Board of Governors; (g) three persons who are not members of teaching staff co-opted by the Senate for their specialized knowledge; and (i) Registrar of the Institute, ex officio, Secretary. Sub-clause (2) of this clause provides that the terms of office of members other than ex officio member shall be two years from the date of nomination. Sub-clause (3) of this clause provides that the term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member. Clause 17.—This clause provides for the powers and functions of the Senate. Sub-clause (1) of this clause provides that subject to the provisions of this Act, the Senate shall be the principal academic body of the Institute and shall have the power to enact, amend, modify Ordinances, governing academic matters and the affairs and well being of students in theSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 107 Institute. Sub-clause (2) of this clause provides that without prejudice to the provisions of sub-section (1), the Senate shall have the following powers, namely—(a) specify the criteria and process for admission to courses or programmes of study offered by the Institute; (b) recommend to the Board creation of teaching and other academic posts, determination of the number of emoluments of such posts and defining the duties and conditions of service of teachers and other academic posts; (c) recommend to the Board commencement of new programmes or courses of study; (d) specify the board academic content of programmes and courses of study and undertake modifications therein; (e) specify the academic calendar and approve grant of degrees, diplomas and other academic distinctions or titles; (f) appoint examiners, moderators, tabulators and such other personnel for different examinations; (g) recognise diplomas and degrees or Universities and other Institutes and to determine equivalent with the diplomas and degrees of the Institute; (h) suggest measures for departmental co-ordination; and (i) make major recommendations to the Board of Governors on—(a) measures for improvement of standard of teaching, training and research; (b) institution of chairs, fellowships, scholarships, studentships, free-ships, medals and prizes and other related matters; (c) establishment or abolition of department or centers; and (d) bye-laws covering the academic functioning of the institute, discipline, residence, admissions, examinations, award of fellowships and studentships, free-ships concessions, attendance and other related matters; (j) appoint sub-committees to advise on such specific matters as may be referred to by the Board of Governors or by itself; (k) consider the recommendations of the sub-committees and to take such action including making of recommendations to the Board of Governors as may be required; (l) take periodical review of the activities of the Departments or Centers and to take appropriate action including making of recommendations to the Board of Governors with a view to maintain and improve the standards of instructions, in the Institutions; and (m) exercise such other powers and discharge such other functions as may be assigned to it, by Statutes or otherwise, by the Board. Clause 18.—This clause provides for the Finance Committee of the Institutions. Sub- clause (1) provides for the constitution of the Finance Committee, namely—(a) the Chairperson, Board of Governors ex officio who shall be the Chairperson of the Committee; (b) one representative of the Government of India, Ministry of Human Resource Development, Department of Higher Education handling the matters relating to Indian Institute of Information Technology; (c) one representative of the Government of India, Ministry of Human Resource Development, Department of Higher Education handling the matters relating to finance; (d) two persons nominated by the Board; (e ) the Director, ex officio; and (f) the officer in-charge of finance and accounts of the Institute ex officio Secretary. Sub-clause (2) of this clause provides that the members of the Finance Committee other than ex officio members shall hold office for a term of three years. Clause 19.—This clause provides that the Finance Committee shall examine the accounts, scrutinise proposals for expenditure and financial estimates of the Institute and thereafter submit it to the Board of Governors together with its comments of approval. Clause 20.—This clause provides for the Building and Works Committee of the Institutes, the Building and works Committee consists of—(a) the Director, ex officio, who shall be the Chairperson of the Committee; (b) one persons nominated by Indian Institute of Technology located in the State in which the Institute is situated; (c) one person nominated by the Board from amongst its members; (d) Dean, Planning and Development; (e) a civil Engineer not below the rank of Superintending Engineer in the Government or Government Agency nominated by the Board; (f) an electrical engineer not below the rank of superintending engineer in the Government or Government Agency nominated by the Board; and (g) the officer in-charge of Estate of the Institute ex officio Secretary. Clause 21.—This clause provides for the powers and functions of the Building and Works Committee, namely—(a) the Committee shall be responsible for construction of all major capital works after securing from the Board the necessary administrative approval and financial sanction; (b) it shall have the power to give the necessary administrative approval and financial sanction for all construction for all construction work and work pertaining to maintenance and108 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— repairs, within the grant place at the disposal of the Institute for the purpose; (c) it shall cause to be prepared estimates of cost of building and other capital work minor works, repair, maintenance and the like; (d) it shall be responsible for making technical scrutiny of each work as may be considered necessary by it; (e) it shall be responsible for enlistment of suitable contractors and acceptance of tenders and shall have the power to give direction for departmental works where necessary. Clause 22.—This clause provides for Research Council. Sub-clause (1) of this clause provides that each Institute shall establish a Research Council comprising of the Director and such other members as may be specified by Statutes, by the Board. Sub-clause (2) provides that the Research Council shall—(a) interface with research funding organisations, industry and civil society to identify potential areas for research; (b) organise and promote research in such Institute or in collaboration with any Institutions of higher learning or research laboratories; (c) assist teachers in obtaining funding from external sources for research projects prepared by them; (d) provide, out of the funds placed at its disposal by the Board, research resources and grant assistance for research projects proposed to be undertaken by teachers in such institute; (e ) provide for incubation of technology applications emerging from research and to protect and utilise the intellectual property obtained from research in the Institutes; (f) make provision for research and advisory services and for that purpose enter into such arrangements with other institutions, industry, civil society or other orgnaisations and enable the fruits of research to be disseminated to industry and society through such arrangement; and (g) exercise such other powers and perform such other duties as may be assigned to it by Statutes. Clause 23.—This clause provides for meetings. Sub-clause (1) of this clause provides that the Chairperson shall ordinarily preside over the meetings of the Board, Finance Committee and at the convocations of the Institute. Sub-clause (2) provides that it shall be the duty of the Chairperson to ensure that the decision taken by the Board are implemented. Sub-clause (3) provides that the Chairperson shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes. Clause 24.—This clause provides for to Director. Sub-clause (1) of the said clause provides that the Director of a Institute shall be appointed by the Central Government from a panel of names recommended in order of merit by a search-cum-selection committee with prior approval of the Visitor. Sub-clause (2) provides that the search-cum-selection committee shall consisting of the following, namely—(a) an eminent person to be nominated by the Minister in charge of Human Resource Development in the Government of India as Chairperson of the Committee; (b) the Chairperson, Board of Governors of the concerned Indian Institutes of Information Technology – Member, ex officio; (c) Secretary in-charge of Higher Education in the Government of India—Member, ex officio; (d) Director of a Indian Institutes of Information Technology to be nominated by Minister in-charge of Human Resource Development – Member, ex officio; (e) a person of eminence in the field of information technology to be nominated by Minister in charge of Human Resource Development; (f) Head of Bureau, Ministry of Human Resource Development dealing with Indian Institutes of Information Technology–non-member Secretary, ex officio; Sub-clause (3) provides that the Director shall be appointed on such terms and conditions of service as may be provided by the Statutes. Sub-clause (4) provides that the Director shall be the principal academic and executive officer of the Institute and shall be responsible for the implementation of the decisions of the Board and Senate and day-to-day administration of the Institute; Sub-clause (5) provides that the Director shall exercise such other powers and perform such other duties as may be assigned to him by the proposed legislation or the Statutes or delegated by the Board or the Senate or the Ordinance; Sub-clause (6) provides that the Director shall submit annual reports and audited accounts to the Board; Sub-clause (7) provides that the Director may during his absence from the headquarters, authorise the Deputy Director or one of the Deans or the senior-most professor present, to sanction advances for traveling allowances, contingencies and medical treatment of the staff and sign and countersign bills on his behalf and authorise to the Deputy Director or one of the Dean or the senior-most Professor present, by him in writing.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 109 Clause 25.— This clause provides for the Registrar. Sub–clause (1) provides that Registrar of every Institute shall be appointed on such terms and conditions as may be laid down by the Statutes and shall be the custodian of records, the common seal, the funds of the Institute and such other property of the Institute as the Board shall commit to his charge; sub-clause (2) provides that the Registrar shall act as the Secretary of the Board, Senate and such committees as may be prescribed by the Statutes; sub-clause (3) provides that the Registrar shall be responsible to the Director for the proper discharge of his functions; sub-clause (4) provides that the Registrar shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes or by the Director. Clause 26.—This clause provides for other authorities and officers. Sub-clause (1) of the said clause empowers the Board to declare such other posts as authorities and provides for their duties and functions. Sub-clause. (2) of the said clause provides that the Board may constitute such committees, as it may deem fit, for efficient management of affairs of the Institute. Clause 27.— This clause provides for Review of performance of Institute. Sub-clause (1) of the said clause provides that each Institute shall, within five years from the date of establishment and incorporation of such Institute under this Act and thereafter at the expiration of every fifth year, constitute, with the prior approval of the Central Government, a Committee to evaluate and review the performance of such Institute in achievement of its objects during the said period. Sub-clause (2) provides that the Committee constituted under sub-section (1) shall consist of members of repute in academia or industry, from relevant fields of teaching, learning and research in such Institute. Sub-clause (3) provides that the Committee shall assess the performance of Institute and make recommendations on—(a) the extent of fulfillment of the objects of the Institute mentioned in section 6, and its contribution to the society; (b) the promotion of transformational research and its impact on industry or society; (c) the advancement of fundamental research; (d) the establishment of the Institute as amongst the global leaders in the area of information technology; (e) such other matters as the Board may specify. Sub-clause (4) of the said clause provides that the Board shall consider the recommendations referred to in sub-section (3) and take such action, as it may deem fit and the recommendations of the Committee along with an explanatory memorandum on the action taken or proposed to be taken, specifying the reasons thereof, shall be submitted to the Central Government. Clause 28.—This clause provides for grants by Central Government. Sub-clause (1) of the said clause provides that the Central Government may, after due appropriation made by Parliament by law in this behalf, pay to each Institute in every financial year, such sums of money in such manner as it may think fit. Sub-clause (2) provides that the Central Government shall provide to each Institute, grants of such sums of money as are required to meet the expenditure on scholarships or fellowships instituted by it, including scholarships or fellowships for students from socially and educationally backward classes or categories of citizens enrolled in such Institute. Clause 29.—This clause provides for fund of Institute. Sub-clause (1) of the said clause provides that every Institute shall maintain a fund to which shall be credited—(a) all monies provided by the Central Government or the State Government, as the case may be; (b) all fees and other charges received by the Institute from the students; (c) all monies received by the Institute by way of grants, gifts, donations, benefactions, bequests or transfers; (d) all monies received by the Institute from utilisation of intellectual property arising from research conducted or provision of advisory or consultancy services by it; (e) all monies received by the Institute in any other manner or from any other source. Sub-clause (2) provides that the fund of every Institute shall be applied towards meeting the expenses of the Institute including expenses incurred in the exercise of its powers, and discharge of its duties under this Act, furtherance of research in the Institute or in collaboration with other educational institutions or industry and for capital investment aimed at the growth and development of the Institute. Clause 30.—This clause provides for accounts and audit. Sub-clause (1) provides that every Institute shall maintain proper accounts and other relevant records and prepare110 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— annual statement of accounts including the balance sheet in such form and accounting standard as may be specified by notification, by the Central Government in consultation with the Comptroller and Auditor-General of India; Sub-clause (2) provides that where the statement of income and expenditure and the balance sheet of the Institute do not comply with the accounting standards, the Institute shall disclose in its statement of income and expenditure and balance sheet, the following, namely—(a) the deviation from the accounting standards; (b) the reasons for such deviation; and (c) the financial effect, if any, arising out due to such deviation. Sub-clause (3) provides that the accounts of every Institute shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by audit team in connection with such audit shall be payable by the Institute to the Comptroller and Auditor-General of India; Sub-clause (4) provides that the Comptroller and Auditor- General of India and any person appointed by him in connection with the audit of the accounts of any Institute shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts and, in particular shall have the rights to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the Institute; Sub-clause (5) provides that the accounts of every Institute as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament in accordance with such procedure as may be laid down by the Central Government. Clause 31.—This clause provides for Pension and Provident Fund. Sub-clause (1) of this Clause provides that every Institute may constitute for the benefit of its employees such provident or pension fund or provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes; Sub-clause (2) provides that where such provident fund or pension fund has been so constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925, shall apply to such fund, as if it were a Government Provident Fund. Clause 32.—This clause provides for appointments and provides that all appointments of the staff of every Institute, except that of the Director, shall be made in accordance with the procedure laid down in the Statutes, by–(a) the Board, if the appointment is made on the academic staff in the post of Assistant Professor or if the appointment is made on the non- academic staff in every cadre the maximum of the pay scale for which exceeds prevalent grade pay scale for Group A Officers; (b) the Director, in any other case. Clause 33.—This clause provides for the Statutes. It provides that subject to the provisions of this Act, the Statutes may provide for all or any of the following matters— (a) the conferment of honorary degrees; (b) the formation of departments of teaching; (c) the fees to be charged for courses of study in the Institute and for admission to the examinations of degrees and diplomas of the Institute; (d) the institution of fellowships, scholarships, exhibitions, medals and prizes; (e) the terms of office and the method of appointment of officers of the Institute; (f) the qualifications of teachers of the Institute; (g) the classification, the method of, appointment and the determination of the terms and conditions of service of teachers and other staff of the Institute; (h) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff ‘of the Institute; (i) the constitution, powers and’ duties of the authorities of the Institute; (j) the establishment and maintenance of halls and hostels; (k) the conditions of residence of students of the Institute and the levying of fees for residence in the halls and hostels and of other charges; (1) the allowances to be paid to the Chairperson and members of the Board; (m) the authentication of the orders and decisions of the Board; and (n) the meetings of the Board, the Senate, or any Committee, the quorum at such meetings and the procedure to be followed in the conduct of their business. Clause 34.—This clause provides for the Statutes how made. Sub-clause (1) of the said clause provides that the first Statutes of each Institute shall be made by the Board withSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 111 the prior approval of the Visitor and a copy of the same shall be laid, as soon as may be, before each House of Parliament. Sub-clause (2) provides that the Board may, from time to time, make new or additional Statutes or may amend or repeal the Statutes in the manner provided in this section. Sub-clause (3) provides that every new Statute or addition to the Statutes or any amendment or repeal of Statutes shall require the previous approval of the Visitor who may grant assent or withhold assent or remit it to the Board for consideration. Sub-clause (4) provides that the new Statutes or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor, provided that, the Central Government with the prior approval of the Visitor may frame or amend the Statutes for the Institute, if the same is required for uniformity, and a copy of the same shall be laid as soon as may be before each House of Parliament. Clause 35.—This clause provides for Ordinances. It provides that subject to the provisions of this Act and the Statutes, the Ordinances of every Institute may provide for all or any of the following matters — (a) the admission of the students to the Institute; (b) the courses of study to be laid down for all degrees and diplomas of the Institute; (c) the conditions under which students shall be admitted to the degree or diploma courses and to the examinations of the Institute, and shall be eligible for degrees and diplomas; (d) the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes; (e) the conditions and mode of appointment and duties of examining bodies, examiners and moderators; (f) the conduct of examinations; (g) the maintenance of discipline among the students of the Institute; and (h) any other matter which by this Act or the Statutes is to be or may be provided for by the Ordinances. Clause 36.—This clause provides for Ordinances how made. Sub-clause (1) of the said clause provides that save as otherwise provided in this section, Ordinances shall be made by the Senate. Sub-clause (2) provides that all Ordinances made by the Senate shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Board and shall be considered by the Board at its next meeting. Sub-clause (3) provides that the Board shall have power by resolution to modify or cancel any such Ordinance and such Ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be. Clause 37.—This clause provides for Tribunal of Arbitration. Sub-clause (1) of this clause provides that (a) any dispute arising out of a contract between an institute and any of its employees shall, at the request of the employee concerned or at the instance of the institute, be referred to a Tribunal of Arbitration consisting of one member appointed by the institute, one member nominated by the employee and one umpare appointed by Visitor. (b) the decision of the Tribunal shall be final and shall not be questioned in any court; (c) no suit or proceeding shall lie in any court in respect of any matter which is required by sub-clause (1) to be referred to the Tribunal of Arbitration; (d) the Tribunal of Arbitration shall have power to regulate its own procedure; and (e) nothing in any law for the time being in force relating to arbitration shall apply to arbitration under this clause. Sub-clause (2) provides that any student or candidate for an examination whose name has been removed from the rolls of the Institute by the orders or resolution of the Director of the Institute and who has been debarred from the appearing at the examinations of the Institute for more than one year, may, within ten days of the date of receipt of such resolution by him, appeal to the Board of Governors who provides that any dispute arising out of any disciplinary action taken by the Institute against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-sections (1) and (2) of section 8 shall, as far as may be, apply to a reference made under this sub-clause. Sub-clause (4) provides that every employee or student of the Institute, notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed by the Statutes, to the Board of Governors against the decision of any officer or authority of the Institute as the case may be, and thereupon the Board of Governors may confirm, modify or reverse the decision appealed against.112 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Clause 38.—This clause provides for annual report of Director. Sub-clause (1) of the said clause provides that there shall be attached to every statement of accounts laid before the Board of each Institute, a report by its Director, with respect to — (a) the state of affairs of such Institute; (b) the amounts, if any, which it proposes to carry to any surplus reserves in its balance sheet; (c) the extent to which understatement or overstatement of any surplus of income over expenditure or any shortfall of expenditure over income has been indicated in the auditor’s report and the reasons for such understatement or overstatement; (d) the productivity of research projects undertaken by the Institute measured in accordance with such norms as may be specified by any statutory regulatory authority; (e) appointment of the officers and teachers of the Institute; (f) benchmark and internal standards set by the Institute, including the nature of innovations in teaching, research and application of knowledge. Sub-clause (2) provides that the Director shall also be bound to give the complete information and explanations in its report on every reservation, qualification or adverse remark contained in the auditors’ report. Clause 39.—This clause provides for the Annual report of each Institute. Sub-clause (1) provides that he annual report of each Institute shall be prepared under the direction of the Board, which shall include, among other matters, the steps taken by the Institute towards the fulfilment of its objects and an outcome based assessment of the research being undertaken in such Institute, and be submitted to the Board on or before such date as may be specified and the Board shall consider the report in its annual meeting. Sub-clause (2) provides that the annual report as approved by the Board shall be published and placed on the website of the Institute. Sub-clause (3) provides that the annual report of each Institute which is fully funded by the Central Government shall be submitted to the Central Government who shall, as soon as may be, cause the same to be laid before each House of Parliament. Clause 40.—This clause provides for Council of Institutes. Sub-clause (1) of the said clause provides that with effect from such date as the Central Government may, by notification, specify in this behalf, there shall be established for all the Institutes specified in column (5) of the Schedule, a central body to be called the Council. Sub-clause (2) provides that the Council shall consist of the following members — (a) the Minister of the Central Government in charge of technical education, who shall be the Chairperson of the Council, ex officio; (ii) two members of Parliament of India (one member to be nominated by Speaker of Lok Sabha and one member to be nominated by Chairperson of Rajya Sabha) , ex officio; (iii) Secretary, Government of India, Ministry of Human Resource Development, Department of Higher Education; (iv) the Chairpersons of each of the Institutes, ex officio; (e) the Directors of each of the Institutes, ex officio; (v) the Directors of each of the Institutes, ex officio; (vi) the Director-General, Council of Scientific and Industrial Research, ex officio; (vii) three persons to be nominated by the Central Government, one each to represent the Ministry concerned with Finance, Science and Technology and Information Technology; (viii) three persons to be nominated by Visitor, who shall be persons having special knowledge or practical experience in respect of industry, academia, engineering, alumni and social sciences to be nominated by the Council from a panel comprised of two names recommended by each Institute; (ix) one representative of University Grant Commission; (x) One representative of All India Council of Technical Education; and (xi) Chairperson, Central Board of Secondary Education. Sub-clause (3) provides that an officer of the Department of Higher Education, Government of India, concerned with technical education shall be nominated by that Government to act as the Secretary of the Council. Sub-clause (4) provides that the Council may constitute a Standing Committee of the Indian Institute of Information Technology Council to assist the Council in discharge of its duties and responsibilities. Sub-clause (5) provides that the expenditure on the Council shall be met by the Central Government. Clause 41.—This clause provides the term of office and allowances payable to members of Council. Sub-clause (1) of the said clause provides that save as otherwise provided in this section, the term of office of a member of the Council, other than an ex officio member, shall be for a period of three years from the date of nomination. Sub-clause (2) provides that the term of office of an ex officio member shall continue so long as he holds the office by virtueSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 113 of which he is a member. Sub-clause (3) provides that the term of office of a member elected under clause (ii) of sub-section (2) of section 40 shall expire as soon as he ceases to be a member of the House which elected him. Sub-clause (4) provides that notwithstanding anything contained in this section, an outgoing member shall, unless the council directs, continue in office until another person is nominated as a member in his place. Sub-clause (5) provides that the members of the Council shall be entitled to such other traveling and such other allowances, as may be prescribed, for attending meetings of the Council or its Committees. Clause 42.—This clause provides for functions and duties of Council. Sub-clause (1) of the said clause provides that the Council shall coordinate the activities of all the Institutes. Sub-clause (2) provides that without prejudice to the provisions of sub-section (1), the Council shall perform the following functions— (a) to advise on matters relating to the duration of the courses, the degrees and other academic distinctions to be conferred by the Institutes, admission standards and other academic matters; (b) to lay down policy regarding cadres, methods of recruitment and conditions of service of employees, institution of scholarships and free ships, levying of fees and other matters of common interest; (c) to examine the development plans of each institute and to approve such of them as are considered necessary and also to indicate broadly the financial implications of such approved plans; (d) to examine the annual budget estimates of each institute and to recommend to the Central Government the allocation of funds for that purpose; (e) to recommend to the Central Government, the institution of scholarships including research and for the benefit of students belonging to the Scheduled Castes, the Scheduled Tribes and other socially and educationally backward classes of citizens; (f) to recommend to the Central Government, proposals for establishment of new Institutes of Information Technology; (g) to advise the Visitor, if so required, in respect of any function to be performed by him under this Act; and (h) to perform such other functions as may be referred to it by the Central Government. Sub-Clause (3) provides that the Chairperson of the Council shall ordinarily preside at the meetings of the Council and in his or her absence, any other member, chosen by members present from amongst themselves at the meeting, shall preside at the meeting, provided that nothing in this section shall derogate the powers and functions vested by law in the Board or Senate or other authorities of each Institute; Sub-clause (4) provides that the Council shall meet once in every year and follow such procedure in its meetings as may be prescribed. Clause 43.—this clause provides for the power to make rules of the Central Government in respect of matters in this chapter. Sub-clause (1) provides that the Central Government may, after previous publication, by notification, make rules to carry out the purposes of this Chapter. Sub-clause (2) provides that in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely— (a) the manner and the conditions for providing provident fund and pension fund or insurance scheme under sub-section (1) of section 31; (b) the travelling and other allowances payable to members of the Council under sub-section (5) of section 41; (c) the procedure to be followed in the meetings of the Council under sub-section (4) of section 42. Clause 44.—This clause provides that Acts and proceedings not to be invalidated by vacancies, etc. It provides that no act of the Council, or any Institute, Board or Senate or any other body set up under this Act or the Statutes shall be invalid merely by reason of – (a) any vacancy in or defect in the constitution thereof; (b) any irregularity in its procedure not affecting the merits of the case; (c) any defect in the selection, nomination or appointment of a person acting as a member thereof. Clause 45.—This clause provides for returns and information to be provided to Central Government or State Government and provides that every Institute shall furnish to the Central Government such returns or other information with respect to its policies or activities as the Central Government may, for the purpose of reporting to Parliament or for the making of policy, from time to time require. Clause 46.—This clause relates to power of Central Government to issue directions and provides the Institute shall carry out such directions as may be issued to it from time to time by the Central Government for the efficient administration of this Act.114 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Clause 47.—This clause provides that the Institute to be public authority under Right to Information Act and provides that the provisions of the Right to Information Act, 2005 shall apply to each Institute, as if it were a public authority defined in clause (h) of section 2 of the Right to Information Act, 2005. Clause 48.—This clause provides for the transitional provisions. It provides that notwithstanding anything contained in this Act— (a) the Board of Governors of an Institute functioning as such immediately before the commencement of this Act shall continue to so function until a new Board is constituted for that Institute under this Act, but on the constitution of a new Board under this Act, the members of the Board holding office before the commencement of this Act shall cease to hold office; (b) every Senate constituted in relation to every Institute before the commencement of this Act shall be deemed to be the Senate constituted under this Act until a Senate is constituted under this Act for the Institute, but on the constitution of the new Senate under this Act, the members of the Senate holding office before the commencement of this Act shall cease to hold office; (c) the Statutes, Ordinances, rules, regulations and bye-laws of each existing Institute as in force, immediately before the commencement of this Act, shall continue to apply to the corresponding institute in so far as they are not inconsistent with the provisions of this Act until the first Statutes and the Ordinances are made under this Act; (d) any student who joined classes of the existing Institute on or after the academic year 2007-2008 or completed the course on or after the academic year 2010-2011 shall for the purpose of clause; (e) of sub- section (1) of section 7, be deemed to have pursued a course of study in the existing Institute located at Kancheepuram only if such student has not already been awarded degree or diploma for the same course of study. Sub-clause (2) provides that the Central Government may, without prejudice to the provisions of sub-section (1), if it considers necessary and expedient to do so, by notification, take such measures which may be necessary for the transfer of the existing Institute mentioned in column (3) of the Schedule to the corresponding Institute mentioned under column (5) of the Schedule. Clause 49.—This clause relates to power to remove difficulties. Sub-clause (1) provides that if any difficulty arises in giving effect to the provisions of this Act the Central Government, may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficult, however, that no such order shall be made after the expiry of the period of three years from the date of commencement of this Act. Sub-clause (2) provides that every order made under this section shall, as soon as may be, after it is made, be laid before each House of Parliament. Clause 50.—This Clause provides for Laying of rules and notifications. It provides that every rule made and every notification issued by the Central Government under this Act, shall be laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 115 FINANCIAL MEMORANDUM Sub-clause (1) of clause 4 of the Bill provides for establishment of Indian Institute of Information Technology Allahabad in the State of Uttar Pradesh; Atal Bihari Vajpayee Indian Institute of Information Technology and management, Gwalior in the State of Madhya Pradesh; Pandit Dwarka Prasad Mishra Indian Institute of Information Technology, Design and Manufacturing, Jabalpur in the State of Madhya Pradesh and Indian Institute of Information Technology, Design and Manufacturing, Kancheepuram in the State of Tamil Nadu as bodies corporate by the same name of ‘‘Indian Institute of Information Technology Allahabad’’, ‘‘Atal Bihari Vajpayee Indian Institute of Information Technology and Management, Gwalior’’, ‘‘Pandit Dwarka Prasad Mishra Indian Institute of Information Technology, design and Manufacturing, Jabalpur’’ and ‘‘Indian Institute of Information Technology, Design and Manufacturing, Kancheepuram’’, respectively. The existing four centrally funded Indian Institutes of Information Technology receive grants-in-aid from the Government for meeting their expenditure. During the 11th plan period these Institutes were sanctioned grants-in-aid to the tune of Rs. 649.86 crores for meeting their recurring and non-recurring expenditure. 2. Clause 28 of the Bill provides that for the purpose of enabiling the Institute to descharge its functions efficiently under the proposed legislation, the Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Institute in each financial year such sums of money and in such manner as it may think fit. The expenditure would be met from the Consolidated Fund of India through the budgetary provision under the Department of Higher Education of the Ministry of Human Resource and Development.116 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC.2] MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 15 of the Bill empowers the Board to make, amend, modify or recind the Statutes and Ordinances governing the affairs of the Institutes. 2. Clause 17 of the Bill empowers the Senate of each Institute to make Ordinances consistent with the provisions of the Act and the Statutes. The matters in respect of which such Ordinances may be made relate, inter alia, to the admission of the students to the Institute; the courses of study to be laid down for all degrees and diplomas of the Institute; the conditions under which students shall be admitted to the degree or diploma courses and to the examinations of the Institute, and shall be eligible for degrees and diplomas; the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes; the conditions and mode of appointment and duties of examining bodies, examiners and moderators; the conduct of examinations; the maintenance of discipline among the students of the Institute; and any other matter which by this Act or the Statutes is to be or may be provided for by the Ordinances. 3. Clause 30 empowers the Central Government to specify by notification the form for annual statement of accounts including balance sheet and accounting standards for maintaining proper accounts by every Institute. 4. Clause 34 of the Bill empowers the Board to make, with the prior approval of the Visitor, the first Statutes of each Institute and a copy of the same shall be laid before each House of Parliament. 5. Sub-clause (1) of clause 43 of the Bill empowers the Central Government to make rules for carrying out the provisions of Chapter V. It provides that the matter in respect of which such rules may be made are, the travelling and other allowences payble to the members of the Council for attending the meetings of the Council or its Committees and the procedures to be followed in such meetings. 6. Sub-clause (1) of clause 49 of the Bill empowers the Central Government, by order published in the Official Gazette, to make such provisions not inconsistent with the provisions of the Act, as appears to it to be necessary or expedient for removing the difficulty and such an order is not to be made after the expiry of a period of three years from the date of commencement of the Act and that such shall be laid before each House of Parliament. 7. Clause 50 of the Bill casts duty on Central Government to lay rules and notification before each House of Parliament. 8. The matters in respect of which the Statutes, Ordinances or rules may be made or notification is issued pertain to matters of procedure and administrative details for which it is not practicable to provide any provision in the Bill. The delegation of legislative power is, therefore, of a normal character. ———— P.K. GROVER, Secretary-General. PRINTED BY DIRECTORATE OF PRINTING AT GOVT. OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2014. GMGIPMRND—2245GI(S-3)—26.08.2014.