Ae WATE wfgen ya aret faesre rarer Preeti Madan UA War, AE Aeefi-110 001 Joint Secretary GOVERNMENT OF INDIA ieee MINISTRY OF WOMEN & CHILD DEVELOPMENT SHASTRI BHAWAN: NEW DELHI-110.001 (INDIA) Ph. 91-11-2398-9498 Fax :91-11-29070272 E-mail: preetim@nic.in D.0, 1-2/2004-CWll Dated: 20" June 2012 Dear 1am enclosing one copy each of Gazette of India, Extraordinary vide which Juvenile Justice (Care and Protection of Children) Amendment Act, 2011 and Juvenile Justice (Care and Protection of Childron) Amendment Rules, 2011 has been nofified on 8" September, 2011 and 26" December, 2011 respectively in the Gazette of India, Extraordinary 2. As you must be aware, the State Government is required to frame rules under Section 68 (1) of the Juvenile Justice (Care and Protection of Children) Act, 2000. However, with a view to facilitate the formulation of rules for the State Government and also to ensure uniformity the Model Rules, 2007 framed by this Ministry had been sent to all States/UTs vide D.O. letter of ‘even number dated 27" November, 2007 for reference. This Mode! Rules have temporary applicability in the State till the new rules are framed by the State Government concerned under the above said provision of the Act. Further, the enactment of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2011 and Juvenile Justice (Care and Protection of Children) Amendment Rules, 2011 has necessitated to carry out the corresponding changes in the relevant part of the rules framed by States/UTS, 3. I would, therefore, like to request you to take further necessary action in this regard so that the Juvenile Justice (Care and Protection of Children) Act, 2000 with all its amendments is implemented effectively and expecitious'y “ern ( Preati Madan ) Encl: As above 4. The Principal Secretary/Secretary, Women and Child Developemnt Department/Social Weltare Department (All States/UTs) (excep? 2 KP Dornan CDy Ve Director (NIC), MWCD for uploading the two notifications on the Ministry's website.REGISTERED N ai @ Che Gazette of Fadia EXTRAORDINARY wt wes 1 PART I — Section 1 vcore 3 arf PUBLISHED BY AUTHORITY en 7 Rea, qevifia, Fei 6, 20117 G17, 1933C06) No. 17] NEW DELHI, THURSDAY, SEPTEMBER 8, 2011/BHADRA 17, 1933 (SAKA) a OT Reyes Head ae & Fret fr we ore aren Sw A CET A Separate paging sven to this Part in order that it may be fed aba separate compilation ‘TRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 8th September,2011/Bhadba 17, 1993 (Saka) ‘The following Act of Parliament received the assent of the President on the ‘Th September, 2011, and ishereby published for general information: ‘THEJUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) AMENDMENT ACT, 2011 No. 1202011 [ede Seprember,2011.} An Actto further toamend the Juvenile Justice (Care and Protection of Children) Act, 2000. Br: it enacted by Parliament in the Sixty-second Year of the Republic of India as foltows:— 1, (1) This Act may be called the Juvenile Justice (Care end Protection of Childcen) short tie and Amendment Act, 2011, ‘commencerient 2) tshall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 56 of 2000 2. In the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter Amendmest of relerred to as the principal Aci), in section 48, sub-section (2) shall be omitted, section 48HE GAZETTE OF INDIA EXTRAORDINARY [aorll—Sec. Substivion of ew station foe namely: fection 58 Transfer of senile of bil is ate mencally or adclcted to alcohol or iter drugs 3. For section 58 of the principal Act, the following section shall be substituted, +58, (1) Where it appears to the competent authority that any juvenile or child kept ina special home or an observation home or achildren’s home or a shelter home fo in an institution in pursuance of this Act, is a mentally ill person or addicted to alcohol or other drugs which leed to behavioural chenges in a person, the competent tauthority may order his removal toa psychiatric hospital or psychiatric nursing home in accordance with the provisions of the Mental Health Aci, 1987 oF the rules made thereunder. (2) In case the juvente or child had been removed to a psychiatric hospital or psychiatric nursing home under sub-section (/), the competent euthority may, on the besis of the advice given in the certificate of discharge of the psychiatric hospital or psychiatric nursing home, order to remove such juvenile or child to an Integrated Rehabilitation Centre for Addicts or similar conires maintained by the State Government for mentally ill persons (including the persons addicted to any narcotic drug or psychotropic substance) and sich removal shall be only forthe period required forthe in-patient treatment of such juvenile or child. Explanation.—For the purposes of this sub-section, — (@) "Integrated Rehabilitation Centre for Addicts" shall have the mesning assigned toit under the scheme called "Central Sector Scheie of Assistance for Prevention of Alcoholism and Substance (Drugs) Abuse and for Social Defence Services” made by the Government of Indi in he Ministry of Social Justice and Empowerment or eny other corresponding scheme for the time being in Fores; (& “mentally ill person" shall haye the meaning assigned toitinclause (1) ofsection 2 of the Mental Health Act, 1987; (c) “psychiatric hospital” or "psychiatric nursing home” shall have the meaning assigned ot in clause (g)of section 2 of the Mental Health Act, 19877. VK.BHASIN, See: 10 the Govt of India PRINTED BY THE DIRECTORATE OF PRINTING AT GOVERNMENT OF INDIA PAESS, MINIO ROAD, [NEW DELL AND PURLISHED SY THE CONTROLLER OF PUBLICATIONS, DELEG—2011 GMGIPMRND—20031NCIS-4)--22.08.2011 Hof 1987, 14 0f 1987 14 of 1987,“af te Fo We 3300899 _REGD.NO.D.L3300199 aT? oat Che Gazette of Gudia EXTRAORDINARY ‘TH I—aug 3—39--wUE (i) PART II—Section 3 Sub section (i) wife & wafer PUBLISHED BY AUTHORITY a 688) 7 favett, rare, Rawat 27, 20117 6, 1933 No. 688) 3 NEW DELHI, TUESDAY, DECEMBER 21, 2011/PAUSA 6, 1933 __ wefiver site set fererer Hare afer a facet, 26 fer, 2011 Bum, 903(20,_ tah teen, fre are (arret at tata ote dem) offers, 2000 (2000 156) a are 68 a8) atu C1) &B gra Br Ve fee aT wet eA EU, Fae a revel at tate ate wean) fram, 2007 war dah wet fang Preafead frm amd @, are — 1. agra sr fe ort, (1) x eae aa afire im Prele oar (arora a Qeeter site sera) welt Fre, 2011 81 2) Ara A wee a ae age AL 2. Farge =a Creel 3 Rate abt eam) fran, 2007 (fara gal gush wea yet Pram wer Tan ey F Pr 4s 4, eis (a) Ber We Freeea eis can are, stake, “CO A are, A Vesiem Tora arid geal Sonat € Fore cafe a onsen afiads ele 2, 1 raf a fore aitfes grata 3 a arate wa Or ahi (ares sila a eerste Boxed oar afiea) % Rag awa man BU seers SAT aa A Ua fret a aerw a sienna - sean Fy aries cra a fe star sim" 3 ye frm é Fram 46 Hi, 39-Frem (10) B eern er freaferfans sofia cor orem, otela, — “(1o) Fett oft fete or arene fer amir eran Pra gra wees Healer ae de Pera Pet ain wae & fare ave St ae 1" 4. We freer fem 61 A (%) Se-FrIm (1), “orate eaeen eT a fa en sia @, Fear fee via co are FaPaecbersTen ah arene etn ae Prete rere fied) cares she wwe qeiel a OTe UTM oR” we SIH “ori corensil 2 sifea en sat 2, freed fire fa awa wa faker svar at one a, A Ween SA HG Kea aT mE TT TaN IRS ere wate rere after whe #1" = wa anil; Ca) safe (2) ¥, “erates eercon" we at ear re rahe" ee ce OEM 4686 G120t1 o2 ‘THE GAZETTE OF INDIA: EXTRAORDINARY [Parr t—Sec, 34 (5 r-Fre (3) a ei Fr (a) sf (4) 9, “abcde” erat at ay fea se | Can a 12/2004 Se4-11) HR a, Baa Fe oro ager Fras, wea ao, EN, TM, Ws 3, 34-Es (i), mT 26 STR, 2007 A ee, 67903), mt 26 sree, 2007 ere seer Fea a1 | MINISTRY OF WOMEN AND CHILD DEVELOPMENT NOTIFICATION New Delhi, the26th December, 2011 GSR, 903(E).—In exercise of the powers conferred by the proviso fo sub-section (1) of Section 68 ofthe Juvenile Justice (Care and Protection of Children) Aci, 2000(56 of 2000), the Central Government, hereby makes the following rules to amend the Juvenile Justice (Care and Protection of ChilAren) Rules, 2007, namely :— 1. Short title and commencement,—(1) These rules may be called the Juvenile Justice (Care and Protection of Children) Amendment Rules, 2011 (2) They shall come into force on the date of their publication in he Official Gazette 2. In the Juygnile Justice (Care and Protection of Chiléren) Rules, 2007 (hereinafter referred to as the principal rules), inrule 45, forclause (p) the following clzuse shall be substituted, rarely» “(p) refer such children who are addicted to alcohol or other drugs which lead to behavioural changes in & person, to an integrated Rebabilitation Ceatre for Addicts cr similar centrss maintained by the State Government for mentaly ill persons (including the persons addicted o any narcotic drug or psychoiropic substance) forthe period required for in-patient treatment of such juvenile or child” 3. Inule 6 ofthe principal rites, for sub-rule (10), the following sub-rule shall be substituted, namely :— ""(10) No juvenile or child shall be administered medication for psychiatric problems without a psychotogical ‘evaluation and diagnosis by @ trained medical health professional.” A. Inrute61 of the principal rutes,— (2) in sub-rule (1), forthe words “mental health problems requiring protonged medical ireatment, or is found addicted to anarcotic drug or psychotropic substance”, the words “psychiatric probtemns requiring protonged medical treatment, or is found addicted to alcohol or other drugs which lead to behavioural changes in a person” shall be substituted; (b) in sub-rule (2), for the words “mental health” the word “psychiatric”, shall be substituted: (©) sub-rule (5) shall be omited; (@) in sub-tule (4), the words “and infection” shall be omitted, [ENo.1-2/2004-CW.1N) PRELTI MADAN, it. Seey Note :—The principal rules were published in the Gazette of India, Extraordinary, Part Il, Section 3, Sub-seetion (i), dated the 26th October, 2007, videnumber GS.R. 679(F), dated the 26th October, 2097, Printed by the Manager, Government of nal Fress, Ring Roe’, ‘Mayapam, New Oslil ‘and Published by the Controller ef Publications, Deth-t 10084 N64