(1) 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, by notification in the Official Gazette, constitute for every district], one or more Child Welfare Committees for exercising the powers and discharge the duties conferred on such Committees in relation to child in need of care and protection under this Act.
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(2) 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.
ADVERTISEMENTS:
(3) The qualifications of the Chairperson and the members, and the tenure for which they may be appointed shall be such as may be prescribed.
(4) The appointment of any member of the Committee 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 he has not been granted full pardon in respect of such offence;
ADVERTISEMENTS:
(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-fourth of the sittings in a year.
(5) The Committee shall function as a Bench of Magistrates and 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.
Comment:
This section provides for the constitution of Child Welfare Committees for children who are in need of care and protection. Such committees shall be constituted by the State Government by notification in its Official Gazettee.
ADVERTISEMENTS:
The Child Welfare Committee shall consist of the Chairperson and four other members of whom at least one shall be a woman and another expert on matters concerning children.
Sub-section (4) lays down the disqualifications and grounds on which the membership of the committee may be terminated by the State Governor, are (i) misuse of power, (2) conviction for an offence involving moral turpitude, and (3) absence from the proceedings of the committee for consecutive three months without any valid reason or absence in less than three-fourth sittings in a year.
The Child Welfare Committee shall function as a Bench of Magistrates and have all those powers which are conferred by the Code of Criminal Procedure, 1973, on a Metropolitan Magistrate or a First Class Judicial Magistrate, as the case may be.
