Legal provisions regarding Constitution of the Juvenile Justice Board under Section 4 of the Juvenile Justice (Care and Protection of Children) Act, 2000.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the State Government may, within a period of one year from the date of commencement of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006 (i.e., w.e.f. 22-08-2006), by notification in the Official Gazette, constitute for a district or a group of districts specified in the notification, one or more Juvenile Justice Boards for exercising the powers and discharging the duties conferred or imposed on such Boards in relation to juveniles in conflict with law under this Act.
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(2) A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of the First Class, as the case may be, and two social workers 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 Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the First Class and the Magistrate on the Board shall be designated as the principal Magistrate.
(3) No Magistrate shall be appointed as a member of the Board unless he has special knowledge or training in child psychology or child welfare and no social worker shall be appointed as a member of the Board unless he has been actively involved in health, education, or welfare activities pertaining to children for at least seven years.
(4) 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.
(5) The appointment of any member of the Board may be terminated after holding inquiry, by the State Government, if;
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(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 Board for consecutive three months without any valid reason or he fails to attend less than three-fourth of the sittings in a year.
As per Rules 4 to 6 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 there shall be one or more Juvenile Justice Boards in every district, which shall be constituted by the State Government as Section 4 of the Act. Further:
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(1) The Juvenile Justice Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of the first class, as the case may be, and two social workers of whom at least one shall be a woman, forming a Bench.
(2) Every such Bench shall have the powers conferred by the Code of Criminal Procedure, 1973.
(3) (a) A Magistrate with special knowledge of training in child psychology or child welfare shall be designated as the Principal Magistrate of the Board;
(b) In case the Principal Magistrate with such special knowledge or training is not available, then, the State Government shall provide for such short-term training in child psychology or child welfare as it considers necessary.
(4) The two social workers, of whom at least one shall be a woman, shall be appointed by the State Government on the recommendation of the Selection Committee set up under sub-rule (2) of Rule 24 of these rules.
(5) The Selection Committee shall take into consideration the panels of names recommended by the local authority while considering the selection of social workers for the Board and shall prepare a panel of names for each Board including a panel of names to fill in vacancies, which may arise during the tenure of the Board.
(6) The social worker to be appointed as a member of the Board shall be a person who has been actively involved and engaged in planning, implementing and administering measures relating to health, education or other welfare activities pertaining to children for at least seven years.
(7) The Board shall have tenure of three years and the appointment of members shall be co-terminus with the tenure of the Board.
(8) A social worker being a member of the Board shall be eligible for appointment for a maximum of two terms.
(9) The Board shall hold its sittings in the premises of an Observation Home and shall meet on all the working days of the week.
(10) A member may resign any time, by giving one month’s advance notice in writing or may be removed from his office as provided in sub-section (5) of Section 4 of the Act.
(11) The social worker members of the Board shall be paid such travelling or meeting allowance or honorarium, as the State Government may, decide from time to time.