Juvenile Justice (Care and Protection of Children) Act, 2000
Chapter II: Juvenile in
Conflict with Law
4. Juvenile Justice
Board.-
1.
Notwithstanding
anything contained in the Code of Criminal Procedure, 1973,.(2 of 1974) the
State Government may, within a period of one year from the date of commencement
of the Juvenile Justice (Care and Protection of 3 Children) Amendment Act,
2006, by notification in the Official Gazette, constitute for every district,
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.
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 (2 of 1974) 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 -
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 has not been granted full pardon in respect of such
offence.
iii.
he
fail 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.
substituted vide Juvenile Justice (Care and
Protection of Children) Amendment Act, 2006, section 6