Chapter I PRELIMINARY

(1) This Act may be called the Andhra Pradesh Children Act, 1979. (2) It extends to the whole of the State of Andhra Pradesh. (3) It shall come into force on such date as the State Government may, by notification published in the Andhra Pradesh Gazette, appoint.

The Government may, by notification, direct that all or any of the provisions of this Act shall not apply to any class of children or juvenile offenders in the whole of the State or in any particular area.

In this Act, unless the context otherwise requires,– (a) ‘adult’ means a person who is not a child; (b) ‘begging’ shall have the same meaning as assigned to it in the Andhra Pradesh Prevention of Begging Act, 1977; (c) ‘Board’ means a Child Welfare Board constituted under section 6; (d) ‘brothel’, ‘’prostitute’’, ‘’prostitution’’ and ‘’public place’’ shall have the meanings respectively assigned to them in the Suppression of Immoral Traffic in Women and Girls Act, 1956. (e) ‘certified school’ means a certified school established by the Government or any other school or institution declared by the Government as a certified school, under section 24; (f) ‘Chief Inspector’ means the Chief Inspector of certified schools and children’s home appointed under section 36; (g) ‘child’ means a boy who has not completed the age of sixteen years or a girl who has not completed the age of eighteen years: (h) ‘children’s home’ means a children’s home established by the Government or any institution declared by the Government as a children’s home, under section 24; (i) ‘competent authority’ means in relation to neglected child, a Board constituted under section 6 and in relation to juvenile offender a Juvenile court constituted under section 7 and where no such Board or juvenile court has been constituted includes any court empowered under sub-section (2) of section 9 to exercise the powers conferred on a Board or a juvenile court. (j) ‘competent court’ means a juvenile court constituted under section 7 and where no such court has been constituted, includes a court empowered under sub-section (2) of section 9 to exercise the powers conferred on a juvenile court; (k) ‘dangerous drug’ means any article defined as dangerous drug in the Dangerous Drugs Act, 1930 (Central Act 2,1930); (l) ‘District Magistrate’ means the person exercising the powers of a District Magistrate under the Code of Criminal Procedure, 1973 (Central Act 2,1974); (m) ‘fit person institution’ in relation to the care of any child, means any association or body of individuals, whether incorporated or not, established for or having for its object, the reception or protection of children or the prevention of cruelty to children and which undertakes to bring up or to give facilities for bringing up any child entrusted to its care in conformity with the religion of child’s birth; (n) ‘Government’ means the State Government; (o) ‘Guardian’ in relation to a child or juvenile offender includes any person who, in the opinion of the court having cognizance of any proceeding in relation to the child or juvenile offender, has for the time being, the actual charge of, or control over, the said child or juvenile offender; (p) ‘juvenile court’ means a court constituted under section 7; (q) ‘juvenile offender’ means any child who has been found to have committed an offence; (r) ‘neglected child’ means a child who – (i) is found without having any home or settled place of abode or any ostensible means of subsistence or is found destitute, whether he is an orphan or not; or (ii) has a parent or guardian who is unable or unfit to exercise or does not exercise proper care and control over the child; or (iii) 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 with any prostistute or any other person who leads an immoral, drunken or depraved life; or (iv) is otherwise likely to fall into bad association or to be exposed to moral dangers or to enter upon a life of crime; (i) ‘competent authority’ means in relation to neglected child, a Board constituted under section 6 and in relation to juvenile offender a Juvenile court constituted under section 7 and where no such Board or juvenile court has been constituted includes any court empowered under sub-section (2) of section 9 to exercise the powers conferred on a Board or a juvenile court. (j) ‘competent court’ means a juvenile court constituted under section 7 and where no such court has been constituted, includes a court empowered under sub-section (2) of section 9 to exercise the powers conferred on a juvenile court; (k) ‘dangerous drug’ means any article defined as dangerous drug in the Dangerous Drugs Act, 1930 (Central Act 2,1930); (l) ‘District Magistrate’ means the person exercising the powers of a District Magistrate under the Code of Criminal Procedure, 1973 (Central Act 2,1974); (m) ‘fit person institution’ in relation to the care of any child, means any association or body of individuals, whether incorporated or not, established for or having for its object, the reception or protection of children or the prevention of cruelty to children and which undertakes to bring up or to give facilities for bringing up any child entrusted to its care in conformity with the religion of child’s birth; (n) ‘Government’ means the State Government; (o) ‘Guardian’ in relation to a child or juvenile offender includes any person who, in the opinion of the court having cognizance of any proceeding in relation to the child or juvenile offender, has for the time being, the actual charge of, or control over, the said child or juvenile offender; (p) ‘juvenile court’ means a court constituted under section 7; (q) ‘juvenile offender’ means any child who has been found to have committed an offence; (r) ‘neglected child’ means a child who – (i) is found without having any home or settled place of abode or any ostensible means of subsistence or is found destitute, whether he is an orphan or not; or (ii) has a parent or guardian who is unable or unfit to exercise or does not exercise proper care and control over the child; or (iii) 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 with any prostistute or any other person who leads an immoral, drunken or depraved life; or (iv) is otherwise likely to fall into bad association or to be exposed to moral dangers or to enter upon a life of crime; or (v) is found begging; (s) ‘notification’ means a notification published in the Andhra Pradesh Gazette; and the word ‘notified’ shall be construed accordingly; (t) ‘observation home’ means any institution established, recognised as such under section 26/19; (u) ‘place of safety’ includes an observation home or any other suitable place or institution (not being a police station or jail) the occupier or manager of which is willing temporarily to receive a child; and take care of child and which in the opinion of the competent authority may be a place of safety for child; (v) ‘prescribed’ means prescribed by rules made by the Government under this Act. (w) ‘probation officer’ means an officer appointed as a probation officer under section 39 or under the Probation of Offenders Act, 1958; (x) ‘supervision’ in relation to a child placed under the care of any parent, guardian or other fit person institution under this Act means the supervision of that child by a probation officer for the purpose of ensuring that the child is properly looked after and that the conditions imposed by the competent authority are complied with; (y) ‘voluntary home’ means any place for the reception of children maintained wholly or partly by voluntary contributions.

For the purposes of this Act, a person shall be deemed to be a child, if at the time of initiation of any proceedings against him under this Act, or at the time of his arrest in connection with which any proceedings are initiated against him under this Act, such person has not completed the age of sixteen years in the case of a boy or eighteen years in the case of a girl: Provided that, if during the course of the proceedings under this Act, such person completes the age of sixteen years in the case of a boy or eighteen years in the case of a girl, the proceedings already commenced shall be continued and orders may be passed in respect of such person under this Act, as if such person was a child notwithstanding anything to the contrary in this Act.

Section 27 of the Code of Criminal Procedure, 1973 and the provisions of the Reformatory Schools Act, 1897 shall, upon the commencement of this Act, cease to apply to this State.