REGISTERED No. D.
रजिस्ट्री सं ० डी-(डी) -72
RALS
GOVT
भारत का राजपत्र The Gazette ofIndia '
मसाधारण
EXTRAORDINARY
भाग 11-खंड 2
PART II Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 42] माई बिल्ली , बुधवार , बिसम्बर 14 , 1977/ प्रघ्रहायण 23 ,1899
No. 44) NEW DELHI , WEDNESDAY, DECEMBER 14, 1977| AGRAHAYANA 23 , 1899
इस भाग में भिन्न पृष्ठ संख्था वी जाती है जिससे कि यह अलग संक्रन्केको रखा जा सक्रे ।
Separate paging is given to this Part in order that it may be filed as a separate compilation
RAJYA SABHA
The following Bill was introduced in the Rajya Sabha on the 14th December , 1977 : -
BILL NO . XVI OF 1977
A Bill to amend the Children Act , 1960.
BE it enacted by Parliament in the Twenty- eighth Year of the Republic of India as follows:-
as
1. (1) This Act may be called the Children (Amendment ) Act, 1977 . (2) It shall come into force in any Union territory on such date
Short title and commence- ment.
the Administrator may, by notification in the Official Gazette, appoint .
60 of 1960 .
tion of Substitu. references to "Code 5 of 1898 2 of 1974.
2. Throughout the Children Act , 1960 (hereinafter referred to as the principal Act ), unless otherwise expressly provided in this Act, for the words and figures " Code of Criminal Procedure , 1898 " , wherever they occur , the words and figures " Code of Criminal Procedure, 1973 " shall be substituted .
of Criminal -Proce- dure, 1898" by references to " Code of Crimi- nal Proce- dure, 1973" .
3. In section 2 of the principal Act ,-
Amend. ment of section 2.
(i) after clause ( j ), the following clause shall be inserted, namely:-
' ( jj ) " fit person " or " fit institution " means any person or institution ( not being a police station or jail) found fit by the
( 857 ) [PART II-
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competent authority to receive and take care of a child entrusted to his or its care and protection on the terms and conditions specified by the competent authority ; ' ;
( ii ) in sub-clause ( iin) of clause ( l), after the word " unfit " , the words "or unable " shall be inserted;
(iis) after clause ( n) , the following clause shall be inserted, namely:--
"( nn) " place of safety" means any place or institution ( not being a police station or jail ) , the person in charge of which is willing temporarily to receive and take care of a child and which in the opinion of the competent authority may be a place of safety for the child; ' ;
(iv) in clause ( r) , for the words " fit person " , the words " fit person or fit institution " shall be substituted.
Amend- ment of section 4 .
4. In section 4 of the principal Act, in sub-section (3) , for the words and figures "Code of Criminal Procedure , 1898 , on a magistrate of the 5 of 1898. first class" , the words and figures " Code of Criminal Procedure , 1973, 2 of 1974 on a Metropolitan Magistrate or, as the case may be, a Judicial Magis trate of the first class " shall be substituted.
5. In section 5 of the principal Act , for sub -section (2 ) , the following sub - section shall be substituted , namely : -
Amend- ment of section 5 .
" (2) A childrens' court shall consist of such number of Metro- politan Magistrates or Judicial Magistrates of the first class , as the case may be , forming a Bench as the Administrator thinks fit to appoint , of whom one shall be designated as the principal magistrate; and every such Bench shall have the powers conferred by the Code of Criminal Procedure, 1973 , on a Metropolitan Magistrate or, as 2 of 1974 . the case may be , a Judicial Magistrate of the first class .
(3) Every children's court shall be assisted by a panel of two qualified honorary social workers , of whom at least one shall be a woman.".
6. In section 6 of the principal Act , in sub-section ( 1) , for the words " senior magistrate" , the words " principal magistrate" shall be substi- tuted.
Amend- ment of section 6.
7. In section 7 of the principal Act,---
Amend. ment of section 7.
(i) to sub - section ( 1 ) , the following provisos shall be added, namely: -
"Provided that a Board or a children's court may, if it is of opinion that it is necessary so to do having regard to the circum- stances of the case , transfer any proceedings to any children's court or Board as the case may be :
Provided further that where there is any difference of opinion between a Board and a children's court regarding the transfer of any proceedings under the first proviso, it shall be referred to the District Magistrate for decision, and in a case where the District Magistrate is functioning as a Board or a children's court , SEC. 2 ]
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such difference of opinion shall be referred to the Court of Ses- sion, and the decisions of the District Magistrate or, as the case may be , the Court of Session on such reference shall be final" ;
(vi) in sub-section (2) , for clause ( c) , the following clause shall be substituted , namely : -
" (c) any Metropolitan Magistrate or Judicial Magistrate of the first class , as the case may be " .
8. In section 9 of the principal Act,-
Amend ment of section 8 .
(i) in sub - section ( 3) , the words " to ensure all round growth and development of his personality " shall be added at the end;
(ii ) in sub - section (4 ) , after the words " children's homes " , the words ", including the standards and the nature of services to be maintained by them, " shall be inserted.
9. In section 10 of the principal Act.-
Amend- ment of section 10 .
(i) in sub- section ( 3) , the words " to ensure all round growth and development of his personality " shall be added at the end;
(ii) in sub - section ( 4) , after the words "special schools " , the words , " including the standards and the nature of services to be maintained by them , " shall be inserted
10. In section 11 of the principal Act , in sub -section ( 4). after the words " observation homes " , the words ", including the standards and the nature of services to be maintained by them, " shall be inseretd .
Amend . ment of section 11.
11 For section 12 of the principal Act , the following section shall be substituted, namely : -
Substitu- tion of new sec- -tion for section 12.
"12. The Administrator may, by rules made under this Act , pro- vide-
After- care organisa- tions .
(a) for the establishment or recognition of after - care orga- nisations and the powers that may be exercised by them for effectively carrying out their functions under this Act ;
(b) for a scheme of after-care programme to be followed by such after - care organisations for the purpose of taking care of children after they leave children's homes or special schools and for the purpose of enabling them to lead an honest , indus- trious and useful life;
(c) for the preparation and submission of a report by the probation officer in respect of each child prior to his discharge from a children's home or special school, as the case may be , regarding the necessity and nature of after- care of such child, the period of such after- care , supervision thereof and for the submission of a report by the probation officer on the progress of each such child:
(d) for the standards and the nature of services to be main- tained by such after - care organisations ;
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(e) for such other matters as may be necessary for the purpose of effectively carrying out the scheme of after - care pro- gramme of children." .
18 In sub- section (2) of section 14, section 17 and sub- sections ( 2 ) and (3) of section 18 of the principal Act , after the words " observation home" , the words " or a place of safety " shall be inserted .
Amend- ment of sections 14, 17 and 18.
13. In sub- section (3 ) of section 15 of the principal Act,
Amend- ment of section 15.
(i) in the opening portion, after the words "observation home" , the words " or a place of safety" shall be inserted;
(ii) in the proviso , after the word " unfit" , the words " or unable" shall be inserted .
Amend- ment of section 24.
5 of 1898 2 of 1974 .
14. In section 24 of the principal Act, in sub-sections ( 1) and ( 2 ) , for the words and figures " section 239 of the Code of Criminal Procedure , 1898 ", the words and figures " section 223 of the Code of Criminal Proce- dure, 1973 " shall be substituted.
15. In section 28 of the principal Act,-
Amend- ment of section 28 .
(i) in sub -section ( 1) , in clause ( b) , after the words "police officers" , the words " and legal practitioners" shall be inserted;
(ii) for sub- section ( 3) , the following sub- section shall be sub- stituted, namely :-
" (3) No, legal practitioner shall be entitled to appear before a Board in any case or proceeding before it . " .
5 of 1898 . 2 of 1974.
Amend- ment of section 50 .
16. In section 50 of the principal Act , in sub - sections ( 3 ) and ( 4 ) , for the words and figures " section 488 of the Code of Criminal Procedure , 1898" , the words and figures " section 125 of the Code of Criminal Pro- cedure, 1973 " shall be substituted.
5 of 1898 2 of 1974 .
17, In section 55 of the principal Act , for the words and figures "Chapter XLII of the Code of Criminal Procedure , 1898 " , the words and figures " Chapter XXXIII of the Code of Criminal Procedure , 1973 " shall be substituted .
Amend- ment of section 55 .
5 of 1898 . 2 of 1974.
Amend- ment of section 58.
18. In section 58 of the principal Act , in sub-section ( 1 ) , for the words, figures and letter " section 29B and section 399 of the Code of Criminal Procedure , 1898 " , the words and figures " section 27 of the Code of Criminal Procedure , 1973 " shall be substituted .
19. In section 59 of the principal Act,-
( i) in sub- section ( 2 ) ,-
Amend- ment of section 59.
(4 ) in clause (d) , the words " and the standards and the nature of services to be maintained by them " shall be added at the end;
(b) in clause ( g) , the words and figures "and such other matters as are referred to in section 12 " shall be added at the end;
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861
(c) in clause ( m ) ,-
(1) for the words "fit person" , the words " fit person or fit institution " shall be substituted;
(2) for the word "persons" , the words " persons or ins- titutions" shall be substituted;
( i) for sub -section (3) , the following sub-section shall be subs- tituted , namely: ----
"(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions , and, if, before the expiry of the session immediately following the, session or the successive sessions aforesaid, both Houses agree in making, any modification in the rule or both 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 maybe; so, however , that any such modification or annulment shall be without prejudice to the validity of any- thing previously done under that rule." .
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STATEMENT OF OBJECTS AND REASONS
The Children Act , 1960, provides for the care , protection , maintenance , welfare, training , education and rehabilitation of neglected or delinquent children and for the trial of delinquent children in the Union territories . Experience gained in the implementation of the Act has brought to light certain inadequacies and weaknesses It is proposed to amend the Act to make good the inadequacies . The amendments proposed are as fol- lows:-
(i) It is proposed to provide that children's courts constituted under the Act should be assisted by at least two qualified social workers , one of whom should be a woman.
(ii ) Under the Act, Child Welfare Boards are expected to deal with neglected children, while delinquent children are referred to the children's courts . Very often, it is found that reported cases of delinquency are in fact cases of negligence . The converse may also , on occasions , be true. It is , therefore, proposed to make provisions enabling mutual transfer of cases between a Child Welfare Board and a children's court .
(iii) The functions of the children's homes and special schools are sought to be widened with a view to ensuring the development of the personality of the child.
(iv ) It is proposed to empower the Administrator of a Union territory to provide for a comprehensive programme of after- care for completing the process of care and treatment of children under the Act .
(v) The ban imposed on the appearance of legal practitioners before the children's courts is proposed to be removed.
2 The other amendments proposed are minor and consequential in
nature.
P. C. CHUNDER ,
NEW DELHI ,
The 6th December , 1977 .
SEC . 2 ]
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MEMORANDUM REGARDING DELEGATED LEGISLATION
New section12 of the Children Act , 1960 , proposed to be substituted by clause 11 of the Bill , seeks to empower the Administrator of a Union territory to provide by rules for a comprehensive programme of after- care for completing the process of care and treatment of children under the Act . Clause 19 of the Bill seeks to amend section 59 of the Act to provide for the making of rules for the above matter and for prescribing the standards and the nature of the services to be maintained by special schools , children's homes and observation homes .
2. The delegation of legislative power by the provisions of the Bill relates to matters of detail and it is hardly practicable to provide for them in the Bill itself . The delegation of legislative power is , therefore, of a normal character.
S. S. BHALERAO , Secretary - General .
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI , 1977