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REGISTERED No. D.221

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 5] NEW DELHI, THURSDAY, FEBRUARY 12,1970/MAGHA 23, 1891

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW (Legislative Department) New Delhi, the 12th February, 1970\Magha 23, 1891 (Saka)

The following President's Acts are published for general informa- lion:--

THE BIHAR STATE UNIVERSITY COMMISSION (AMENDMENT) ACT, 1970 No. 9 of 1970 Enacted by the President in the Twenty-first Year of the Republic of India.

An Act to amend the Bihar State University Commission Act, 1961.

32 of 1969.

In exorcise of the powers conferred by section 3 of the Bihar State Legislature (Delegation of Powers) Act, 1.969, the President is pleased to enact as follows: —

1. This Act may be called the Bihar Slate University Commission

Short title.

(Amendment) Act, 1970.

Bihar Act V of 1962

Amendment of section 5 2. For sub-section (5) of section 5 of the Bihar State University Com- mission Act, 1961, the following sub-sections shall bo, and shall be deemed always to have been, substituted, namely: —

'(5) The Secretary shall be a whole-time officer and shall be paid such salary in the scale of pay of a University Professor as may be fixed by the Chairman from time to time and subject thereto the terms and conditions of service of the Secretary and the other members shall be such as may be determined by the Chairman.

51

Explanation.—The expression "University Professor" shall have the meaning assigned to it in clause (t) of section 2 of the Bihar State Universities (University of Bihar, Bhagalpur and Ranchi) Act, 1960.

Bihar Act XIV of i960.

(G) The qualifications of the Secretary shall be such as the State Government may, by notification in the Official Gazette, specify, having regai d to the qualifications for appointment nf Professors in the Universities in Bihar.'.

V. V. GIRi,

President.

N. 1). P. JMAMBOODIRIPAD,

Joint Secy, TO the Govt. of tndut.

Reasons for the enm-tmeni

Sub-section (5) of section 5 of Hi..- Bihar Stale Univcisiiy Commis- sion Act, 1961 (Bihar Act V of 1962) provides for a whole-time Secretary for the State University Commission in the scale of Rs. 850-50-1,250. This scale was equivalent to the scale of pay of the post of University Professor prevalent at that time. The t-cale of the post of University Professor was raised to Rs. 1,000-50-1,500 with effect from the 1st July, 1964. The scale has been further revised and now the University Professors have been placed in the scale of Rs. 1,100—1,600. The last Secretary of the Univer- sity Commission was in the rank of a University Professor but according to the present provisions of the Act he could not be given any rise in the scale of pay corresponding to the scale of pay applicable to a University Professor as revised from time to time. The Bihar State University Com- mission has, with a view to attracting qualified persons, proposed that the Secretary of the Commission may be given the scale of a University Professor. It is, therefore, proposed to amend sub-section (5) of section 5 of the Bihar State University Commission Act, 1961 so as to provide that the Secretary of the Commission shall be paid such salary in the scale of pay of a University Professor as may be fixed by the Chairman from time to time, and shall possess such qualification, as may be notified by the State Government, having regard to the qualificaiions for appointment, of Professors in the Universities in Bihar.

2. The present legislation gives effect to the aforesaid proposal.

3. The Committee constituted under the proviso to sub-section (2) of section 3 of the Bihar State Legislature (Delegation of Powers) Act, 19G9 (32 of 1969) has been consulted before the enactment of this measure as a President's Act.

G. K. CHANDltiAMANI,

Addl. Secy, to the Govt. of India.

Ministry of Education and Youth Services.

THE BIHAR CHILDREN ACT, 1970

No. 10 OF ig7o

Enacted by the President in the Twenty-first Year of the Republic of India.

An Act k> provide for tae care, protection, .naintenance, welfare, training, education and re

32 of 1969.

In exercise ol the powers conferred by section 3 ol 1h" Bihar Stale- Legislature (Delegation of Powei s) Act, I960, the President is pleaded to enact as follows: - -

CHAPTER I

PRELIMINARY

1. (1) This Act may he called the Bihar Children Act, 1970.

(2) It exit rids to the whole of the State of Bihar.

Siwrt til v extent and commence ment.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed (W di'levent areas of the State.

2. In this Act, unless the context otherwise requires,—•

Dclimtions,

(a) "bem,mn" means—

(M snliciUiif, or receiving alms in a public place oi entering on in/ j.i iv,ite piemises for the purpose of soliciting or receiving alms, v.-nethei under the pretence of singing, dancing, foitune- tell ing, povfoimmg tricks or selling articles or otherwise;

(n) exposing or exhibiting with the object of obiainniR or uxtutin^ aJni; any sore, wound, injury, deformity or disease, whiihci of himself or of any other persons or of an animal;

(w) allowing oneself to be used as an exhibit for the puipose ol SMIK-IIjug ot receiving alms;

(6) "Boaid" means a Child Welfare Boaid constituted under ,ection 4;

JI_>4 ui l y s o.

(<••) •"biothel', 'piostitute", "prostitution" and "public place" shall haw the- tame meanings as are respectively assigned to them in the Suppression or Immoral Tiaffic in Women and Girls Act, 1958;

(d) "child' meant, a boy or a girl who has not attained the age of eighteen y^ais;

(ei •'childiL-n'b court" means a court constituted under section Fi;

(f) "children's home ' means an institution established or cerUrleil by the State- Government under section 9 as a children's home;

( ?4 THE GAZETTE OF INDIA EXTRAORDINARY [P\KT II

whore no such Board 01 children's court has been constituted, includes any court empowered under sub-section (2) ot section 7 to exercise the powers conferred on a Board or children's court;

(/i) "'dangerous di ug" shall have the meaning assigned to it m the

2 i'l jyju, Dangerous Di ugs Act, 1930;

(i) "delinquent child" means a child who has been found to have committed an oftence;

(j) "guardian" in relation to a, child, includes any pel son v. ho, in the opinion of the competent authority having cognizance nt anv oroceedin^ in ielation 1o a child, has, for the time being, the actual charge of, ov control over, that child;

(h) ''iii'iilcrted child" means a child who—-

(i) is found begging; or (ri) is found without having any home oi settled placv ol abode or any ostensible means of subsistence or is found CVMI- tuk\ whethc r he is an orphan or not; or

(Hi) has a parent or guardian who is unlit to exercise oi does not exercise proper care and contro] over the child; or

(iv) lives in a brothel or with a prostitute or frequently goes to any place used for the purpose of prostitution, or is found to associate wilh any prostitute or any other person who leads an immoral, diunken or depraved life;

(/) "ob&eivation home" means any institution oi place establish- ed or recognised by the StaLc Government under section 11 as ;m observation home;

(m) "'offence'" means an offence punishable under any law toi thr lime being in force;

(TI) "piescribed'¹ means presciibed b> rules made under this Act.;

-i" "1 ii) ?s.

(o) "probation officer" means an officer appointed as a probation officer under this Act or under the Probation of Oflendeis Act. IHOU;

(p) "special school" means an institution established oi ceitified by the State Government under section 10 as a special school;

(<]) "supervision", in Ielation to a child placed under the caie of any parent, guaidian or othei fit person undir this Act, means the supervision of that child by a probation ollicer tor the purpose OL ensuring that the child is propeily looked after and that the conditions imposed by the competent authority are complied with; and

5 "I |Sl)h.

(r) all words and expiessions used but not defined in this Act and ieiined in the Code of Criminal Procedure, 1898. shall have the m i n- ings assigned to them in that Code.

ijontmUcitioii o|" inquirv m respect ol child who hnv

he diik],

3 Where an inquiry has been initiated against a child and during the course of such inquiry the child ceases to be such, then notwithstanding anything contained in this Act or- in any othei law for the time being in force, ihe mquiiv may be continued and orders may be made in n-sp^ct of such pei son ;is j| such poison had continued to b<' a child

CHAPTER II

COML'1-:'H:NT vu'ruoRnirs AND INSTITUTIONS VOH CHILDREN

Child We¹-

lULV H<>Hril.

4. (1) The SLalf Government may, by notification in the OHicial Gazette, ciinstitute for any area specified in the notification, one or more Child Welfare Boards I'or exercising the powers and discharging the: duties conferred or imposed on such Board in relation to neglected children under this Act.

(2) A Board shall consist of a chairman and such other members as the State Government thinks fit to appoint, o[ whom not less titan one shall bo a woman; and every such member shall bo vested with the powers of a magistrate under the Code of Criminal Procedure, IU98

s ui iSyK.

"f i8<

(.7) The Board shall function as a Bench of magistrates and shall have the powers conferred by the Code of Criminal Procedure, KM;!,

('.liilihi-n's

o u i i i. S Dt lSOS.

5. (7) No1 withstanding anything contained in I he Code of Ciiminal Procedure, ]£!!){!. the State Government may, by notification in the Official Gazette, constitute for any area specified in the notification, one or more children's com Is I'm exercising the powers and discharging the duties con- ferred or imposed on such court in relation to delinquent children under this Act.

5 el IKQN.

(2) A children's court shall consist uf such number of magistrates forming a Bench as the State Government thinks fit to appoint, of whom one shall be designated as the senior magistrate and not less than one shall be a woman; and every such Bench shall have the powers conferred by the Code of Ciiminal Procedure, 1898, on a magistrate of the fust class.

l ' l O i x d u i e, etc., in rc- latiDii to Hoards and child- i-L-n's L-ourrS.

6. (7) In the event ol a dilTeronce of opinion amung the member's of a Board or among the magistrates uf a children's court, the opinion of the majority shall prevail, but where there is no such majority, the opinion of the chairman or of the senior magistrate, as the case may be, shall prevail.

('') A Board or children's court may act notwithstanding the absence of any member of the Board or, as the case may be, any magistrate of the children's court, and no order made by the Board or children's court shall be invalid by reason only of the absence of any member or magistiato, as the case may be, during any stage of the proceeding.

(.V) No person shall be appointed as a member of the Board or as a magistrate in the children's court unless he has, in the opinion of the State Government special knowledge o[ child psychology and child welfare.

Board ;uij children's 1 (1) Whore a Board or a children's court has been constituted foi any aiea, such Board or court shall, notwithstanding anything contained in any other law fur the time being in force but save as otherwise expressly pro- vided in this Act, have power to deal exclusively with all proceedings under this Act rotating to neglected childn'n or delinquent chikhen, as the case may be.

ill) Where no Board or children's court has been constituted for any tuea. (he powers confened on the Board or the children's court by or

under this Act. shall be exercised in that area, only by the i'• blowing, namely: --

(a) the District Magistrate; or

(b) the Sub-divisi<>na] Magistrate; or

(c) any Magistrate of the First Claws.

(3) The powers conferred on the Board or children's court by or under this Act may also be exercised by the High Court and the Court of Session, when the ptoceeding comes before them in appeal, revision or otherwise.

I'L-IHJLJUIC ID ho I'l'llt'wed by :\ mag is i Kile noi empowered undor Aft.

8. (?) When any magistrate not empowered to exercise the powers of a Board or n children's court under this Act is of opinion that a prison brought before him under any of the provisions of this Aet (otherwise than Cor the purpose of giving evidence) is a child, he shall record such opinion and forward the child and the record of the proceedings to the competent authority having jurisdiction over the proceeding,

(2) The competent authority to which the proceeding is forwarded under sub-s-ction (1) shall hold the inquiry as if the child had originally been brought before it.

Children's home.

9. (1) The Stale Government may establish and maintain as many children's homes as may be necessary for the- reception of neglected children under this Act.

(2) Where the State Government is of opinion that any institution othci than an institution established under sub-section (1) is fit for the reception of the neglected children to be sent there under this Act, it may certify such institution as a children's home for the purposes of this Act.

(3) Every children's home to which a neglected child is sent under this Act shyll not only provide the child with accommodation, maintenance and facilities for education, but also provide him with facilities for the development of his character and abilities and give him necessary training lor protecting himself against moral dangers or exploitation and shall also perform ppch other functions as may be prescribed.

(4) The State Government may, by rules made under this Act, pi ovide for the management of children's homes and the circumstances under which, ynd the manner in which, the certificate of a children's home inav bi: granted or withdrawn.

Specml sdiouis.

10. (1) The State Government may establish and maintain as manv special schools as may be necessary for the reception of delinquent children under this Act.

(2) Where the State Government is of opinion that a.ny institution other than an i'lsinution established under sub-section (1) is fit for the recep- tion of the delinquent children to be sent there under this Act, it may certify such institution as a special school for the purposes of this Act.

(3) Eveiy special school to which a delinquent child is sent under this Act shall not only provide the child with accommodation, maint nance and facilities for education but also provide him with facilities for the development of his character and abilities and give him necessary training for his reformation and shall also perform such other funciions ns may be nresi'i ibfd.

(4) The Slate Government may by rules made under this Act, provide lor the management of special school and the circumstances under which, and the manner in which the certificate oi' a special school may be granted or v/ithdi awn.

11. (1) The Slate Government may establish and maintain as many ( .iliscivain'ii limit's.

observation homos as may he necessary for the temporary reception of 1 children during the pendency of. any inquiry regarding them under this Act.

(2) Where the State Government is of opinion that any institution other than an instiluLion established under .sub-section (1) is fit for the tempo- rary reception of children during the pendency of any inquiry regarding them under this Act, ii may recognise such institution as an observation home for the purposes of this Act.

(3) Every observation home to which a child is sent under this Act shall not only provide the child with accommodation, maintenance and facilities for medical examination and treatment, but also provide him with facilities for useful occupation

(-/) The Strtie Government may, by rules made under this Act. provide for the management of observation homes and the circumstances under which, and the manner in which an institution may be recognised as an obseivation home or the recognition may be withdiawn.

After-cure ">rgdnisu- :ions.

12. (1) The Slate Government may, by rules made under this Act, provide for the establishment or recognition of after-care organisations and may vest them with such powers as may be necessary for effectively carrying out their functions under this Act,

(2) Every such organisation shall take caie of the children when they leave children's homes or special schools and shall, for the purpose ut enabling them to lead an honest, industrious and useful life, take all such measures as it may deem necessary or as may be prescribed.

CHAPTER III

NEGLFCTHin CIITLDnEN

^roJucLioii of neglected children before Boards.

13. (/) If any police oilicer or any other person authorised by the State Government in this behalf, by general or special order, is of opinion that a person is apparently a neglected child, such police officer or other person may take charge of that person for bringing him before a Bo;ird.

(2) When information is given to an officer-in-charge of a police sta- tion about any neglected child found within the limits of such station, he shall enter in a book to be kept for the purpose the substance of such lnrormation and take such action thereon as he deems fit and if such officer does not propose to take charge of the child, he shall forward a copy of the entry made to the Board.

(3) Every child taken charge of under sub-section (/) shall be brought before the Board within a period of twenty-four hours of such charge taken excluding the time necessary for the journey from the place where the child had been taken charge of to the Board.

(4) Every child taken charge of under sub-section (/) shall unless he is kept with his parent or guardian, be sent to an observation home (but not to a police station or jail) until he can be brought before a Board.

Nrcci.iL

to be folinw ed when negltck'd child has Pm em.

J4. (/) Ii ti person, who JII the opinion of the police officer or the authnii.sed person is a neglected child, has a parent or guardian who has tin¹ actual charge of, oi cunti'o] ovei, the child, the police officer or the authorised person may, instead of taking charge of the child make a re- port to the Board for initialing an inquiry regarding that child.

(2) On receipt of a report undei .sub-section (/), the Boaid may calL upon the parent or guardian to produce the child before it and to show cause why the child should not be dealt with as a neglected child under the provisions of this Act and if it appears to the Board that the child is likely to be removed from its jurisdiction or to be concealed, it may immediately order his removal (it necessary by issuing a search warrant ior the immediate production of the child) to an observation home.

Inquiry by Board regarding neglected children.

15. (/) When a person alleged to be a neglected child is produced beJorc a Board, it shall examine the police officer or the authorised person who brought the child or made the report and record the sub.iianco of such examination and hold the inquiry in the prescribed manner and may make such orders in relation to the child as it may deem fit.

(2) Where a Board is satisfied on inquiry that a child is a neglected child and that it is expedient so to deal with him, the Board may make an order directing the child to be sent to a children's home for the period until he ceases to be a child :

Provided that the Board may, tor leasons to be lecorded, extend the peiiod of such slay, but in no case the period of stay shall extend beyond the time when the child attains the age of twenty years :

Provided further that the Board may, if it is satisfied that having regard to the circumstances of the case it is expedient so to do, for rea- sons to be recorded, reduce the period of stay to such period as it thinks lit.

(3) During the pendency ol any inquiry regarding a child, the child shall, unless he is kept with his parent or guardian, be sent to an obser- vation homo lot such period as may be specified in the order of the Board :

Provided that no child shall be kepL with his parent or guardian if, in the opinion of the Board, such parent or guai'dian is unfit to exercise or does not exercise- proper eare and control over the child.

Power tu commit neglected child to suitable custody.

16. (/) If the Board so thinks (it, it may, instead of making an order under sub-section (2) oi section 15 for sending the child to a children's home, make an order placing the child under the care of a parent, guar- dian or other fit person, on such parent, guardian or fit person executing a bond with or without surety to be responsible for the good behaviour and well-being oi the child and for the observance of such conditions as 1he Boat d may think fit to impose.

{'3) A1 ihe time of making an order under sub-section (/) or at any time subsequently, the Board may, in addition, make an order that the child be plat i'd under supervision, for any period not exceeding three years in the lust instance.

(3) Notwithstanding anything contained in sub-section (/) or sub- section (2), il at any time it appears to the Board, on receiving a report from the probation officer or otherwise, that there has been a breach of

any of the conditions imposed by it in respect of the child, it may, after making such inquiry as it deems fit, order the child to be sent to a children's home.

Un control lablc children.

17. Where a parent or guardian of a child complains to the Board that he is not able to exercise proper care and control over the child and the Board is satisfied on inquiry that proceedings under this Act should be initiated regarding the child, it may send the child to an observation home and make such further inquiry as it may deem fit and the provi- sions of section 15 and section 16 shall, as far as may be, apply to such proceedings.

CHAPTER IV

DELINQUENT CHILDREN

Bail and custody of children.

5 of r898,

18. (7) When any person accused of a bailable or non-bailable offence and apparently a child is arrested or detained or appears or is brought before children's court, such person shall notwithstanding anything contained in the Code of Criminal Procedure, 1898, or in any other law for the time being in force, be released on bail with or without surety but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any reputed criminal or expose him to moral danger or that his release would defeat the ends of justice.

(2) When such person having been arrested is not released on bail under sub-section (1) by the officer-in-charge of the police station, such officer shall cause him to be kept in an observation home in the pres- cribed manner (but not in a police station or jail) until he can be brought before a children's court.

(3) When such person is not released on bail under sub-section (1) by the children's court, it shall, instead of committing him to prison, make an order sending him to an observation home for such period during the pendency of the inquiry regarding him as may be specified in the order.

19. Where a child is arrested, the offlcer-in-charge of the police sta- tion to which the child is brought shall, as soon as may be after the arrest, Inform,—

Information to parent or guardian or proba- tion officer-

(a) the parent or guardian of the child, if he can be found, of such arrest and direct him to be present at the children's court be- fore which the child will appear; and

(b) the probation officer of such arrest in order to enable him to obtain information regarding the antecedents and family history of the child and other material circumstances likely to be of assist- ance to the children's court for making the inquiry.

Inquiry by children's court re- garding delinquent children.

20. Where a child having been charged with an offence appears or is produced before a children's court, the children's court shall hold the enquiry in accordance with the provisions of section 39 and may, sub- ject to the provisions of this Act? make such order in relation to the child as it deems fit,

Orders that may be passed re- garding delinquent children.

21. (1) Where a children's court is satisfied on enquiry that a child has committed an offence, then, notwithstanding anything to the con- trary contained in any other law for the time being in force, the child- ren's court may, if it so thinks fit :—

(a) allow the child to go home after advice on admonition:

(b) direct the child to be released on probation of good conduct and placed under the care of any parent, guardian or other fit per- son on such parent, guardian or other fit person executing a bond, with or without surety as that court may require, for the good be- haviour and well-being of the child for any period not exceeding three years;

(c) make an order directing the child to be sent to a special school,

(i) in the case of a child over sixteen years of age, for a period of not less than three years;

(ii) in the case of any other child, for the period until he ceases to be child :

Provided that the children's court may, if it is satisfied that having regard to the nature of the offence and the circumstances of the case it is expedient so to do, for reasons to be recorded reduce the period of stay to such period as it thinks fit :

Provided further that the children's court may, for reasons to be recorded, extend the period of such stay, but in no case the period of stay shall extend beyond the time when the child attains the age of twenty years;

(d) order the child to pay a fine if he is over fourteen years of age and earns money.

(2) Where an order under clause (b) or clause (d) of sub-section (2) is made, the children's court may, if it is of opinion that in the interests of the child and of the public it is expedient so to do, in addition make an order that the delinquent child shall remain under the supervision of a probation officer named in the order during such period, not exceeding three years, as may be specified therein, and may in such supervision order impose such conditions as it deems necessary for the due supervi- sion of the delinquent child :

Provided that if at any time afterwards it appears to the children's court on receiving a report from the probation officer or otherwise, that the delinquent child has not been of good behaviour during the period of supervision, it may, after making such inquiry as it deems fit, order the delinquent child to be sent to a special school.

(3) The children's court making a supervision order under sub-section (2) shall explain to the child and the parent, guardian or other fit per- son, as the case may be, under whose care the child has been placed, the terms and conditions of the order and shall forthwith furnish one copy of the supervision order to the child, the parent, guardian or other fit person, as the case may be, the sureties, if any, and the probation officer.

(4) In determining the special school, or any person to whose custody a child is to be committed or entrusted under this Act, the Court shall pay due regard to the religious denomination of the child to ensure that

religious instruction contrary to the religious persuasion of the child is not imparted to him.

22. &1) Notwithstanding anything to the contrary contained in any , other law for the time being in torce, no delinquent child shall be sen- ! tenced to death or imprisonment, or committed to prison in default of i \ payment of fine or in default of furnishing security:

Drders thtt nay not x passed igainst lelinquent :hildren.

Provided that where a child who has attained the age of fourteen years has committed an offence and the children's court is satisfied that the oftence committed is of so serious a nature or that his conduct and behaviour have been such that it would not be in his interest or in the interest of other children in a special school to send him to such special school and that none of the other measures provided under this Act is suitable or sufficient, the children's court may order the delinquent child to be kept in safe custody in such place and manner as it thinks fit and shall report the case for the orders of the State Government.

(2) On receipt of a report from a children s court under sub-section (1), the State Government may make such arrangement in respect of the child as it deems proper and may order such delinquent child to be detained at such place and on such conditions as it thinks fit:

Provided that the period of detention so ordered shall not exceed the maximum period of imprisonment to which the child could have been sen- tenced for the offence committed.

5 of 1898.

23. Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1898, no proceeding shall be instituted and no order shall be passed against a child under Chapter VIII of the said Code.

Proceeding inder Chap* :er VIII of the Criminal Procedure Code not competent igainst Slid.

5 of 189*.

No Joint trial of child and person not a child.

24. (1) Notwithstanding anything contained in section 239 of the Code oi Criminal Procedure, 1898, or any other law for the time being in force, no child shall be charged with or tried for, any offence together with a person who is not a child.

(2) If a child is accused of an offence for which under section 239 of the Code of Criminal Procedure, 1898, or any other law for the time being in force, such child and any person who ia not a child, would, but for the prohibition contained in sub-section (1), have been charged and tried together, the Court taking cognizance of that offence shall direct sepa- rate trials of the child and the other person.

Removal 1 disqualifica- tion attach- ing to conviction.

25. Notwithstanding anything contained in any other law, a child who has committed an offence and has been dealt with under the provisions of this Act shall not suffer disqualification, if any, attaching to a convic- tion of an offence under such law-

Special prorislon in rejpect pendint cases.

26. Notwithstanding anything contained in this Act, all proceedings in respect of a child pending in any court in any area on the date on which this Act comes into force in that area, shall be continued in that court as if this Act had not been passed and if the court finds that the child has committed an offence, it shall record such finding and, instead of passing any sentence in respect of the child, forward the child to the

children's court which shall pass orders in respect of that child in ac- cordance with the provisions of this Act as if it has been satisfied on in- quiry under this Act that the child has committed the offence.

CHAPTER V

PROCEDURE OF COMPETENT AUTHORITIES GENERALLY AND APPEALS AND

REVISION FROM ORDERS OF SUCH COURTS

27. (1) A Board or a children's court shall hold its sittings at such

place, on such day and in such manner, as may be prescribed.

Sittings., ore, of Boards and children's courts.

(2) A magistrate empowered to exercise the powers of a Board or, as the case may be, a children's court under sub-section (2) of section 7 shall while holding any inquiry regarding a child under this Act, as far as practicable, sit in a building or room different from that in which the ordinary sittings of a civil and criminal courts are held, or on different days or at times different from those at which the ordinary sittings of such courts are held.

28. (1) Save as provided in this Act, no person shall be present at

any sitting of a competent authority, except—

(a) any officer of the competent authority, or "' * Person who may be present before com- petent authority.

(b) the parties to the inquiry before the competent authority", the parent or guardian of the child and other persons directly con- cerned in the inquiry including police officers, and

(c) such other persons as the competent authority may permit

to be present.

(2) Notwithstanding anything contained In sub-section (I), if at any stage during an inquiry, a. competent authority considers it to be expedient in the interest of the child or on grounds of decency or morality that any person including the police officers, legal practitioners, the parent, guardian or the child himself should withdraw, the competent authority may give such direction, and if any person refuses to comply with such direction, the competent authority may have him removed and may, for this purpose, cause to be used such force as may be necessary.

t(3) No legal practitioner shall be entitled to appear before a com- petent authority in any case or proceeding before it, except with the special permission of that authority.

Attendance of parent or guardian of child.

29. Any competent authority before which a child is brought under r any of the provisions of this Act may, whenever it so thinks fit, require any parent or guardian having the actual charge of, or control over the child to be present at any proceeding in respect of the child.

Dispensing with atten- dance of child.

30. If, at any stage during the course of an inquiry, a competent autho- rity is satisfied that the attendance of the child is not essential for the purpose of the inquiry, the competent authority may dispense with his attendance and proceed with the inquiry in the absence of the child.

Committal to upproved place 3f cnil suffering from da^ge rous dlseast ;md ils futu: disposal.

31- (1) When a child who has been brought before a competent autho- SEC. 1] THE GAZETTE OP INDIA EXTRAORDINARY 6$

3 of 1898,

3 of 1912.

(2) Where a child is found to be suffering from leprosy or is of un- sound mind, he shall be dealt with under the provisions of the Lepers Act, 1898 or the Indian Lunacy Act, 1912, as the case may be.

(3) Where a competent authority has taken action under sub-section (1) in the case of a child suffering from an infectious or contagious dis- ease, the competent authority before restoring the said child to his part- ner in marriage, if there has been such, or to the guardian, as the case may be, shall where it is satisfied that such action will be in the Interest of the said child call upon his partner in marriage or the guardian as the case may be to satisfy the Court by submitting to medical examination that such partner or guardian will not re-infect the child in respect of whom the order has been passed.

Presumption

and deter-

mination of

age,

32. (1) Where it appears to a competent authority that a person brought before it under any of the provisions of this Act (otherwise than for the purpose of giving evidence) is a child, the competent authority shall make due inquiry as to the age of that person and for that purpose shall take such evidence as may be necessary and shall record a finding whether the person is a child or not, stating his age as nearly as may be.

(2) No order of a competent authority shall be deemed to have be- come invalid merely by any subsequent proof that the person in respect of whom the order has been made is not a child, and the age recorded by the competent authority to be the age of the person so brought before it shall, for the purpctees of this Act, be deemed to be the true age of that person.

33. In making any order in respect of a child under this Act, a com- petent authority shall take into consideration the following circumst- ances^ namely:—

(a) the age of the child;

Circums-

tances to be

taken into

consideration

in making

orders

under the

Act.

(b) the circumstances in which the child is living;

(c) the reports made by the probation officer;

(d) the religious persuasion of the child;

(e) such other circumstances as may, In the opinion of the com- petent authority, require to be taken into consideration in the in- terests of the child:

Provided that in the case of a delinquent child, the above circumst- ances shall be taken into consideration after the children's court has recorded a finding against the child that he has committed the offence :

Provided further that if no report of the probation officer 1B received within ten weeks of his being informed under section 19, it shall be open to the children's court to proceed without it.

Sending •

child out-

side juris-

diction.

34. In the case of a neglected or delinquent child whose ordinary place of residence lies outside the jurisdiction of the competent authority before which he is brought, the competent authority may, if satisfied after due inquiry that it is expedient so to do, send the child back to a relative or other person who is fit and willing to receive him at his ordinary place of residence and exercise proper care and control over him notwithstanding

that such place of residence is outside the jurisdiction of the competent authority; and the competent authority exercising jurisdiction over the place to which the child is sent shall in respect of any matter arising subsequently have the same powers in relation to the child as if the original order had been passed by itseli.

Reports to

be treated as

confidential.

35. The report of the probation officer or any circumstances considered by the competent authority under section 33 shall be treated as confidential:

Provided that the competent authority may, if it so thinks fit, commu- nicate the substance thereof to the child or his parent or guardian and may give such child, parent or guardian an opportunity of producing such evidence as may be relevant to the matter stated in the report.

36. (1) No report in any newspaper, magazine or news sheet of any inquiry regarding a child under this Act shall disclose the name, address or school or any other particulars calculated to lead to the identification of the child, nor shall any picture of any such child be published:

Prohibition

of publica-

tion of

names, etc.,

of children

involved

in any

proceeding

under

the Act. §

Provided that for reasons to be recorded in writing, the authority holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the interest of the child.

(2) Any person contravening the provisions of sub-section (1) shall be punishable with fine which may extend to one thousand rupees.

Appeals.

37. (I) Subject to the provisions of this section, any person aggrieved by an order made by a competent authority under this Act may, within thirty days from the date of such order, prefer an appeal to the Court of Session:

Provided that the Court of Session may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2) No appeal shall lie from—

(a) any order of acquittal made by the children's court in respect of a child alleged to have committed an offence; or

(b) any order made by a Board in respect of a finding that a per- son is not a neglected child.

(3) No" second appeal shall lie from any order of the Court of Session passed in appeal under this section.

Revision.

38. The High Court may, at any time, either of its own motion or on application received in this behalf, call for the record of any proceeding in which any competent authority or Court of Session has passed an order for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it thinks fit:

Provided that the High Court shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.

Procedure

in Inquiries,

appeals and

revision

proceedings.

39. (1) Save as otherwise expressly provided by this Act, a competent authority while holding any inquiry under any of the provisions of this Act, shall follow such procedure as may be prescribed and subject thereto shall follow as far as may be, the procedure laid down in the Code of Criminal Procedure, 1898, for trials in summons cases.

: 5 of I99>.

j of 1898*

(2) Save as otherwise expressly provided by or under this Act, the procedure to be followed in hearing appeals or revision proceedings, under this Act shall be, as far as practicable, in accordance with the provisions of the Code of Criminal Procedure, 1898.

'ower to mend >rders.

40. (1) Without prejudice to the provisions for appeal and revision ] under this Act, any competent authority may, either on its own motion j or on an application received in this behalf, amend any order as to the institution to which a child is to be sent or as to the person under whose care or supervision a child is to be placed under this Act.

(2) Clerical mistakes in orders passed by a competent authority or errors arising therein from any accidental slip or omission may, at any time, be corrected by the competent authority either on its own motion or on an application received in this behalf.

CHAPTER VI

SPECIAL OFFENCE IN RESPECT OF CHILDREN

Punishment for cruelty to child.

41. (i) Whoever, having the actual charge of, or control over, a child, assaults, abandons, exposes or wilfully neglects the child or causes or procures him to be assaulted, abandoned, exposed or neglected in a. manner likely to cause such child unnecessary mental and physical suffering shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

(2) No court shall take cognizance of an offence punishable under sub- section (2) unless the complaint is filed with the previous sanction of the State Government or an officer authorised by it in this behalf.

Employment of children for begging.

• 42. (1) Whoever employs or uses any child for the purposes of begging or causes any child to beg shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

(2) Whoever, having the actual charge of, or control over, a child, abets the commission of the offence punishable under sub-section (1) shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

(3) The offence punishable under this section shall be cognizable.

43. Whoever gives, or causes to be given to any child any intoxicating liquor in a public place or any dangerous drug, except upon the order of a duly qualified medical practitioner or in case of sickness or other urgent cause shall be punishable with fine which may extend to two hundred rupees.

Penalty for

giving in-

toxicating

liquor or

dangerous

drug to a

child.

Exploitation

of child

employees.

44. Whoever ostensibly procures a child for the purpose of any employ- ment and withholds the earnings of the child or uses such earnings for his own purposes shall be punishable with fine which may extend to one thousand rupees.

CHAPTER VII

MISCELLANEOUS

45. (1) The State Government may, notwithstanding anything contain- ed in this Act, at any time, order a neglected or delinquent child to be discharged from the children's home or special school, either absolutely or on such conditions as it may think fit to impose,

Povwr of

State

GoTemm"nt

to discharge

and transfer

children,

(2) The State Government may, notwithstanding anything contained in this Act, order—

(a) a neglected child to be transferred from one children's home to another;

(b) a delinquent child to be transferred from a special school to another or from a special school to a borstal school where such school exists or from a special school to a children's home;

(c) a child who has been released on licence which has been re- voked or forfeited, to be sent to the special school or children's home from which he was released or to any other children's home or special school or borstal school:

Provided that the total period of the stay of the child in a children's home or a special school shall not be increased by such transfer.

(3) The State Government may, notwithstanding anything contained in this Act, at any time, discharge a child from the care of any person under whom he was placed under this Act either absolutely or on such conditions as the State Government may think fit to impose.

46. (1) The State Government may direct any neglected child or delinquent child to be transferred from any children's home or special school within the State to any other children's home or special school or institution of a like nature in any other State with the consent of the Government of that State.

Transfers between children's homes, etc., under the Act and children's homes, etc., of like nature in different ports of India.

(2) The State Government may, by general or special order, provide for the reception in a children's home or special school within the state of a neglected child or delinquent child detained in a children's home or special school or institution of a like nature in any other State where the Government of that State makes an order for such transfer, and upon such transfer the provisions of this Act shall apply to such child as if he had been originally ordered to be sent to such children's home of special School under this Act.

Transfer of children of unsound mind or suffering irom t, eprosy.

47. (1) Where it appears to the State Government that any child kept in a special school or children's home in pursuance of this Act is suffer- ing from leprosy or is of unsound mind, the State Government may order his removal to a leper asylum or mental hospital or other place or safe custody for being kept there for the remainder of the term for which he has to be kept in custody under the order of the competent authority or for such further period as may be certified by a medical officer to be necessary for the proper treatment of the child.

(2) Where it appears to the State Government that the child is cured of leprosy or of unsoundness of mind, it may, if the child is still liable to be kept in custody, order the person having charge of the child to send him to the special school or children's home from which he was removed or, if the child is no longer liable to be kept in custody, order hini to be discharged.

Placing out on licence.

48. (1) When a child is kept in a children's home or special Echool, the State Government may, if it so thinks fit, release the child from the children's home or special school and grant him a written licence for such period and on such conditions as may be specified in the licence permitting him to live with, or under the supervision of, any responsible person named in the licence willing to receive and to take charge pf

him with a view to educate him and train him for some useful trade or calling.

(2) Any licence so granted under sub-section (1) shall be in force for the period specified in the licence or until revoked or forfeited by the breach of any of the conditions on which it was granted.

(3) The State Government, may, at any time, by order in writing re- voke any such licence and order the child to return to the children's home or special school from which he was released or to any other children's home or special school, and shall do so at the desire of the person with whom or under whose supervision the child has been per- mitted to live in accordance with a licence granted under sub-section (1).

(4) When a licence has been revoked or forfeited and the child refuses or fails to return to the special school or children's home to which he was directed &o to return, the State Government may, if necessary, cause him to be taken charge of and to be taken back to the special school or children's home.

(5) The time during which a child is absent from a special school or children's home in pursuance of a licence granted under this section shall be deemed to be part of the time for which he is liable to be kept in custody in the special school or children's home:

Provided that when a child has failed to return to the special school or children's home on the licence being revoked or forfeited, the time which elapses after his failure so to return shall be excluded in com- puting the time during which he is liable to be kept in custody.

Provision in respect of escaped children, 49. Notwithstanding anything to the contrary contained in any other J law for the time being in force, any police officer may take charge without \ warrant of a child who has escaped from a special school or a children's ' home or from the care of a person under whom he was placed under this Act and shall send the child back to the special school or the children's home or that person, as the case may be; and no proceeding shall be instituted in respect of the child by reason of such escape but the special school, children's home or the person may, after giving the information to the competent authority which passed the order in respect of the child, take such steps against the child as may be deemed necessary.

50. (I) The competent authority which makes an order for sending a <

Contribu- :ion by parents.

neglected child or a delinquent child to a children's home or a special * school or placing the child under the care of a fit person may make an order requiring the parent or other person liable to maintain the child to contribute to his maintenance, if able to do so, in the prescribed manner.

(2) The competent authority before making any order under sub- section (I) shall inquire into the circumstances of the parent or other person liable to maintain the child and shall record evidence, if any, in the presence of the parent or such other person, as the case mav be.

(3) The person liable to maintain a child shall for the purposes of sub-section (1) include, in the case of illegitimacy, his putative father:

5 of 1898,

Provided that where the child is illegitimate and an order for his maintenance has been made under section 488 of the Code of Criminal • Procedure, 1898, the competent authority shall not ordinarily make an order for contribution against the putative father, but may order the

whole or any part of the sums accruing due under the said order for maintenance to be paid to such p rt>on as may be named by .the competent authority and s.uch sum shall be paid by him Lowardb the maintenance of the child. ' i

(4) Any qrder made under thib section may be enforced in the same

5 O fi i )\ manner as aa order under section 48u ui the Code of Criminal Procedure, J 1898. . ,

Control of custodian over child.

51. Any person in whose custody a child is placed in pttrsuanee of this Act shall, while the order is in foice, have the like control over the child as he would have'if he w&re his parent, and shall be responsible for his maintenance and the child shall continue in his ,cu,stady for the period stated by the competent authority notwithstanding that he is claimed by his parent or any other person.

Provided that no child while in such custody shall be^married except

with the permission of the competent authdrity.

Delinquent child under- going sen- tence at commence- ment of the Act.

52. In any area in which this Act is brought into force, the State Gpv- ernment may direct that a delinquent child who is undergoing any sentence of imprisonment at ihe commencement ol this Act shall, in lieu of undergoing such sentence, be sent to a special school or be kept \n safe custody in such place alid manner as the State Government thinks fit, for the remainder of the peiiod of the sentence; and the provisions of this Act shall apply to the child as if he had been ordered by a children's Court to be sent to such special school or, as the Case may b&, ordered to bo detailed under sub-section \2) of Section 22,

Appoint- ment of officers.

53. (I) The State Government may appoint as many probation officers for^ the inspection of the special school, Children's home, observation homes or after-care-organisations and such other officers as it may deem necessary for carrying out the purposes of "this Act.

(2) It shall be-the duty of the probation officer—

(a) to inquire, in accordance with the direction of a competent authority into the antecedents and family history of any child accus- ed of an offence, with a view to assist the authority in making the inquiry;

(b) to visit neglected and delinquent children at such intervals as the probation officer may think fit;

(c) to report to the competent authority as to the behaviour of any neglected or delinquent child;

(d) to advise and assist neglected or delinquent children and if necessary, endeavour to find them suitable emplovment;

(e) where a neglected or delinqupnt child is placed under the care of any person on certain conditions, to see whether such condi- tions are being complied with; and

(f) to perform such other duties as mav be prescribed,

(3) Any officer empowered in this behalf by the State Government may enter any special school, children's hrmp, observation homes or after-care^organisation and make a complete inspection thereof in all its departments and of all papers, registers and accounts relating thereto and shall submit the report of such inspection to the State Government.

45 of 1K60.

54. Probation officers and other officers appointed in pursuance of this Act, shall be deemed to be public servants within the meaning of sec- tion 21 of the Indian Penal Code.

55. The provisions of Chapter XLII of the Code of Criminal Procedure

5oflS98.

1898 shall, as far as may be, apply to bonds taken under this Act.

Officers nppointej under the Act to t* public servants. Procedure in respect of bonds.

Delegation of powers.

56. The State Government may, by general or special order, dired that any power exercisable by it under this Act shall, in such circum- stances and under such conditions, if any, as may be specified in th" order, be exercisable also by an officer subordinate to the State Gov- ernment.

Protection of action taken in good faith.

57. No suit or other legal proceeding shall lie against the State Gov- ernment or any probation officer or other officer appointed under thiE Act in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made there- under.

58. (I) The Reformatory School Act, 1897, and section 29B and sec- tion 399 of the Code of Criminal Procedure, 1898 shall cease to apply to any area in which this Act has been brought into force. .

105 °f i95".

Act 8 of 18917 anil certain pro- vteions of Act 5 of 1898 not (." apply.

(2) The Women's and Children's Institutions' (Licensing) Act, 1956 shall not apply to any children's home, special school or observation homes established and maintained under this Act.

59. (1) The State Government may, by notification in the Official Power to make rule*. Gazette, make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the fore- going power, such rules may provide for all or any of the following matters, namely: —

(a) the places at which, the days on which, the time at which and the manner in which a competent ' authority may hold its sittings;

(b) the procedure to be followed by a competent authority in holding inquiries under this Act and the mode of dealing with children suffering from dangerous diseases or mental complaints;

(c) the circumstances in which, and the conditions subject to which, an institution may be certified as a special school or a child- ren's home or recognised as an observation homes, and the certifica- tion or recognition withdrawn:

(d) the internal management of special schools, children's homes

and observation homes;

(e) the functions and responsibilities of special schools, child-

ren's homes and observation homes;

(f) the inspection of special schools, children's homes, observation

homes and after-care-organisation;

(g) the establishment, management and functions of after-care- organisations, the circumstances in which and the conditions subject to which, an institution may be recognised as an after-care- organisation:

(h) the qualifications and duties of probation officers; (i) the recruitment and training of persons appointed to carry out the purposes of this Act and the terms and conditions of their service;

(j) the conditions subject to which a girl who is a neglected or delinquent child may be escorted from one place to another, and the manner in which a child may be sent outside the jurisdiction of a competent authority;

(k) the manner in which contribution for the maintenance of a child may be ordered to be paid by a parent or guardian;

(I) the conditions under which a child may be placed out on licence and the form and conditions of such licence;

(m) the conditions subject to which children may be placed under the care of any parent, guardian or other fit person under this Act and the obligations of such persons towards the children so placed;

(n) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before expiry of the session in which it is so laid or the session immediately following, both the Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall there- after have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be-.-without prejudice to the validity of anything previously done under that rule.

Repeal and Savings,

60. If, immediately before the date on which this Act comes into force In any area, there is in force in that area, any law corresponding to this Act, that law shall stand repealed on the said date:

Provided that such repeal shall not affect—•

(a) the previous operation of the law so repealed or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the law so repealed; or

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the law so repealed; or

(d) any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy as may be instituted, continued or enforced and any such penalty, forfeiture or punishment as may be imposed, as if this Act had not been passed.

V. V. GIRI,

President.

N. D. P. NAMBOODIIWPAD, Joint Secy, to 'tfie Govt. of India.

Reasons for the enactment

In our national plan for social welfare great emphasis has been laid Dn services of child welfare and for their care and protection. Services for normal children form part of the plans for education, health, etc., but there is very little provision for those children as are neglected, destitutes, socially handicapped, vagrants, exploited and those who come in conflict with the criminal laws of the country due to the environmental factors.

2. With a view to providing shelter, protection, safety, opportunity for training, education and rehabilitation of these unfortunate children in the State of Bihar, it is considered necessary to have a legislation on the lines of the Children Act, 1960 (60 of 1960).

3. In order to achieve these objects, the present measure is being en- acted as a President's Act.

4. The Committee constituted under the proviso to sub-section (2) of section 3 of the Bihar State Legislature (Delegation of Powers) Act, 1969 (32 of 1969) has been consulted before the enactment of this measure as a President's Act.

P. P. I. VAIDYANATHA!*, AddZ. Secy, to the Govt. of India, Department of Social Welfare.

PRINTED BY THE QKNERAL MANAGER, GOVERNMENT OF INDlA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED LY THE MANAGER OP PUBLICATIONS, DELHI, 1 9 70