Chapter III CHILDREN‟S HOMES, CERTIFIED SCHOOLS, OBSERVATION

(1) The Government may establish and maintain as many children’s homes as may be necessary for the reception of neglected children and as many certified schools as may be necessary for the reception of juvenile offenders. (2) Where the Government are of opinion that any institution not established under sub-section (1) is fit for the reception of the neglected children or juvenile offenders to be sent there under this Act, it may declare such institution as children’s home or as the case may be, a certified school for the purpose of this Act and issue a certificate to that effect.

Every children’s home to which a neglected child, and every certified school to which a juvenile offender is sent under this Act shall not only provide the child with accommodation and maintenance, but also endeavour to provide the child with facilities for education and developing his character and abilities and to give him necessary training for his reformation and shall also perform such other functions as may be prescribed.

(1) The Government may establish and maintain as many observation homes as may be necessary for the temporary reception of children during the pendency of any inquiry, trial or other proceeding regarding them under this Act and such observation homes shall be maintained in such manner as may be prescribed. (2) Where the Government are of opinion that any place or institution other than those established under sub-section (1) is fit for the temporary reception of children during the pendency of any inquiry, trial or other proceeding regarding them under this Act, they may recognise such place or institution as observation home for the purpose of this Act; and may after giving notice withdraw the recognition on such grounds as may be prescribed.

(1) Where the Government are of opinion that any institution or association is fit for the reception of children under this Act the Government may recognise such institution or association as a fit person institution under this Act and may after giving notice withdraw the recognition on such grounds as may be prescribed. (2) The Government may prescribe the conditions subject to which institutions or associations shall be recognised as ‘fit person institutions’ for the purposes of this Act.

(1) For the control and management of every children’s home or certified school established under sub-section (1) of section 24 a Superintendent and a Committee of Visitors shall be appointed by the Government and such Superintendent shall be deemed to be the manager of the children’s home or the certified school for the purposes of this Act. (2) Every institution declared as a children’s home or as a certified school under sub-section (2) of section 24 and every institution recognised as a fit person institution under section 27 shall be under the management of a governing body, which shall be deemed to be the manager of the home, school or the fit person institution for the purposes of this Act.

(1) The manager of a children’s home, certified school or a fit person institution shall report his opinion when he is consulted by the competent authority before any child is committed to such home, school or institution. (2) The manager of a children’s home or a certified school declared as such by the Government under sub-section (2) of section 24 shall, subject to availability of accommodation in such home or school receive any child committed to it under this Act: Provided that when such home or school has once accepted any child, it shall be bound to teach, train, lodge, clothe and feed him during the whole period for which he is liable to be detained in the home or school, or until the withdrawal or surrender of the certificate of the home or school.

Any registered medical practitioner authorised in this behalf by the Government may visit any children’s home, certified school or fit person institution at any time with or without notice to its manager, in order to report to the Chief Inspector on the health of the inmates and the sanitary condition of the home, school or institution.

The Government may cause any voluntary home not liable to be inspected by or under the authority of any Government Department, to be visited and inspected, from time to time, at all reasonable hours by the Chief Inspector, or any person authorised by him, in this behalf.

(1) Where the Government are not satisfied with the conditions, rules, management, or superintendence of a children’s home or a certified school, they may, at any time, by notice served on the manager of the home or school declare that the certification of the home or school is withdrawn as from the date specified in the notice and on such declaration the withdrawal of the certificate shall take effect and the home or school shall cease to be a children’s home or a certified school. (2) The Government may, instead of withdrawing a certificate under sub-section (1), by notice served on the manager of the home or school, prohibit the admission of neglected children or juvenile offenders to the home or school for such time as may be specified in the notice or until the notice is revoked: Provided that before the issue of a notice under sub-section (1) or sub-section (2), an opportunity shall be given to the manager of the home or school to show cause why the certificate may not be withdrawn or admission to the home or school may not be prohibited, as the case may be.

The manger of a children’s home or a certified school recognized under sub-section (2) of section 24 may, on giving six months’ notice in writing to the Government through the Chief Inspector, of his intention so to do, surrender the certificate of the home or school at the expiration of six months from the date of notice and there upon the home or school shall cease to be a children’s home or a certified school.

A neglected child or a juvenile offender shall not be received into a children’s home, or as the case may be, into a certified school under this Act after the date of receipt by the manager of the home or school of a notice of withdrawal of the certificate under section 32, or the date of notice of intention to surrender the certificate under section 33: Provided that the obligation of the manager to teach, train, lodge, clothe and feed any neglected child detained in the home or juvenile offender detained in the school at the respective dates aforesaid shall, except so far as the Government otherwise direct, continue until the withdrawal or surrender of the certificate takes effect.

When a home or a school ceases to be a children’s home or a certified school, the neglected children or juvenile offenders as the case may be, detained therein shall be either discharged absolutely or on such conditions as the Government may impose or transferred by order of the Chief Inspector to some other children’s home or certified school or fit person institution in accordance with the provisions of this Act relating to discharge and transfer.