29. Child Welfare Committee.-(1) The State Government may, by notification in Official Gazette,
constitute for every district or group of districts, specified in the notification, 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.
(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.
(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, ifi. 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-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.
30. Procedure, etc., in relation to Committee.- (1) The Committee shall meet at such times and
shall observe such rules of procedure in regard to the transaction of business at its meetings, as
may be prescribed.
(2) A child in need of care and protection may be produced before an individual member for being
placed in safe custody or otherwise when the Committee is not in session.
(3) In the event of any difference of opinion among the members of the Committee at the time of
any interim decision, the opinion of the majority shall prevail but where there is no such majority
the opinion of the Chairperson shall prevail.
(4) 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.
31. Powers of Committee.-(1) The Committee shall have the final authority to dispose of cases for
the care, protection, treatment, development and rehabilitation of the children as well as to
provide for their basic needs and protection of human rights.
(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.
32. Production before Committee.-(1) Any child in need of care and protection may be produced
before the Committee by one of the following persons :-
(i) any police officer or special juvenile police unit or a designated police officer;
(ii) any public servant;
(iii) childline, a registered voluntary organisation or by such other voluntary organisation or an
agency as may be recognised by the State Government;
(iv) any social worker or a public spirited citizen authorised by the State Government; or
(v) by the child himself.
(2) The State Government may make rules consistent with this Act to provide for the manner of
making the report to the police and to the Committee and the manner of sending and entrusting
the child to children's home pending the inquiry.
33. Inquiry.- (1) On receipt of a report under section 32, the Committee or any police officer or
special juvenile police unit or the designated police officer shall hold an inquiry in the prescribed
manner and the Committee, on its own or on the report from any person or agency as mentioned
in sub-section (1) of section 32, may pass an order to send the child to the children's home for
speedy inquiry by a social worker or child welfare officer.
(2) The inquiry under this section shall be completed within four months of the receipt of the order
or within such shorter period as may be fixed by the Committee: Provided that the time for the
submission of the inquiry report may be extended by such period as the Committee may, having
regard to the circumstances and for the reasons recorded in writing, determine.
(3) After the completion of the inquiry if the Committee is of the opinion that the said child has no
family or ostensible support, it may allow the child to remain in the children's home or shelter
home till suitable rehabilitation is found for him or till he attains the age of eighteen years.
34. Children's homes.-(1) The State Government may establish and maintain either by itself or in
association with voluntary organisations, children's homes, in every district or group of districts,
as the case may be, for the reception of child in need of care and protection during the pendency
of any inquiry and subsequently for their care, treatment, education, training, development and
rehabilitation.
(2) The State Government may, by rules made under this Act, provide for the management of
children's homes including the standards and the nature of services to be provided by them, and
the circumstances under which, and the manner in which, the certification of a children's home or
recognition to a voluntary organisation may be granted or withdrawn.
35. Inspection.- (1) The State Government may appoint inspection committees for the children's
homes (hereinafter referred to as the inspection committees) for the State, a district and city, as
the case may be, for such period and for such purposes as may be prescribed.
(2) The inspection committee of a State, district or of a city shall consist of such number of
representatives from the State Government, Local Authority, Committee, voluntary organisations
and such other medical experts and social workers as may be prescribed.
36. Social auditing.- The Central Government or State Government may monitor and evaluate the
functioning of the children's homes at such period and through such persons and institutions as
may be specified by that Government.
37. Shelter homes.- (1) The State Government may recognise, reputed and capable voluntary
organisations and provide them assistance to set up and administer as many shelter homes for
juveniles or children as may be required.
(2) The shelter homes referred in sub-section.-(1) shall function as drop-in-centres for the children
in the need of urgent support who have been brought to such homes through such persons as
are referred to in sub-section (1) of section 32.
(3) As far as possible, the shelter homes shall have such facilities as may be prescribed by the
rules.
38. Transfer.- (1) If during the inquiry it is found that the child hails from the place outside the
jurisdiction of the Committee, the Committee shall order the transfer of the child to the competent
authority having jurisdiction over the place of residence of the child.
(2) Such juvenile or the child shall be escorted by the staff of the home in which he is lodged
originally.
(3) The State Government may make rules to provide for the travelling allowance to be paid to the
child.
39. Restoration.- (1) Restoration of and protection to a child shall be the prime objective of any
children's home or the shelter home.
(2) The children's home or a shelter home, as the case may be, shall take such steps as are
considered necessary for the restoration of and protection to a child deprived of his family
environment temporarily or permanently where such child is under the care and protection of a
children's home or a shelter home, as the case may be.
(3) The Committee shall have the powers to restore any child in need of care and protection to his
parent, guardian, fit person or fit institution, as the case may be, and give them suitable
directions.
Explanation.- For the purposes of this section "restoration of child" means restoration to-
(a) parents;
(b) adopted parents;
(c) foster parents.