Code: Section 110 JJ Act – Power to Make Rules
The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act:
Provided that the Central Government may frame model rules in respect of all or any of the matters with respect to which the State Governments may make rules under this Act, and where any such model rules have been framed in respect of any such matter, the State Government shall, while making any rules in respect of that matter under this section, as far as practicable, conform to such model rules.
Explanation of Section 110 JJ Act
Section 110 of the Juvenile Justice (Care and Protection of Children) Act, 2015, empowers State Governments to make rules to facilitate the implementation of the Act. These rules may pertain to administrative, procedural, or operational aspects required for the effective functioning of child protection mechanisms.
The provision also allows the Central Government to draft model rules, which serve as a guideline for the States. While States have the authority to frame their own rules, they are expected to align them closely with the model rules for uniform application across the country.
This structure balances national consistency with regional autonomy, allowing localized execution while ensuring the central objectives of the Act are met.
Illustration
Example 1: Model Rules by the Central Government
The Central Government publishes the Juvenile Justice Model Rules, 2016. When Karnataka drafts its rules under the Act, it follows the model rules closely, making only necessary adjustments for regional application.
Example 2: State Rules for Observation Homes
The State of Tamil Nadu drafts rules for regulating observation homes, including provisions for staffing, nutrition, and safety standards. These rules are formulated under the authority granted by Section 110 and in alignment with the model rules.
Common Questions and Answers on Section 110 JJ Act
- Who can make rules under Section 110?
The State Governments are empowered to make rules under this section. The Central Government can issue model rules as a guideline. - Are States required to follow the Central Government’s model rules?
States are not strictly bound but are expected to conform to the model rules “as far as practicable” to maintain legal uniformity. - What are model rules?
Model rules are standard frameworks created by the Central Government to help States implement the Act uniformly. - Can rules under Section 110 override the main provisions of the Act?
No. The rules are subordinate to the Act and must be consistent with its provisions. - What happens if a State does not create its own rules?
In such cases, the State may rely on the model rules until it drafts and notifies its own.
Conclusion
Section 110 of the Juvenile Justice Act provides essential legal authority for rule-making by State Governments while ensuring national consistency through model rules issued by the Central Government. This mechanism promotes effective and uniform implementation of child protection laws across India.
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