JJJ Rules 59Chapter VIII · Offences Against Children

Section 59 · Procedure in case of offence under section 81 of the Act

(1)

On receipt of information about the selling or buying of a child, the police shall register an FIR forthwith.

(2)

Giving or agreeing to give, receiving or agreeing to receive any payment or reward in consideration of adoption, except as permitted under the adoption regulations framed by the Authority, towards the adoption fees or service charge or child care corpus by any prospective adoptive parent(s) or parent or guardian of the child or the Specialised Adoption Agency shall amount to an offence under section 81 of the Act and this rule.

(3)

A child, who has been subjected to buying or selling, shall be produced before the Committee forthwith which shall pass appropriate orders for the rehabilitation of the child.

(4)

Where any offence under section 81 of the Act is committed by a parent or a guardian of the child or any other person having actual charge or custody of the child, the Committee shall pass appropriate orders for placing the child in a Child Care Institution or fit institution or with a fit person, as the case may be.

(5)

Where any offence under section 81 of the Act is committed by a Child Care Institution including Specialised Adoption Agency or by a hospital or nursing home or maternity home, or a person associated with such an institution or agency, the Committee may also pass appropriate orders for placing the other children placed with such Child Care Institution or Specialised Adoption Agency or hospital or nursing home or maternity home in any other Child Care Institution or Specialised Adoption Agency or hospital or nursing home or maternity home, as the case may be.

(6)

The Committee shall recommend to the State Government that the registration or recognition of such agency or institution or the registration or license of such a hospital or nursing home or maternity home or such associated person under any law for the time being in force shall also be withdrawn.

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