Chapter V MEASURES FOR THE CARE AND PROTECTION OF NEGLECTED

(1) If any police officer, or other person authorised by the Government in this behalf by general or special order, (hereafter in this Chapter referred to as the ‘authorised person’) is of opinion that a person is apparently a neglected child, such police officer or authorised person may take charge of that child for bringing him before a Board. (2) When information is given to an officer incharge of a police station 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 information 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 and a report of the action taken to the Board. (3) Every child taken charge of under sub-section (1) shall be brought before the Board within a period of twenty-four hours of taking such charge 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 (1) shall, unless he is kept with his parent or guardian, be sent to a place of safety, not being a police station, until he can be brought before the Board.

(1) If a person, who in the opinion of the police officer or the authorised person is a neglected child, has a parent or guardian, who has the actual charge of the child, but who is unable or unfit to exercise proper control over the child, the police officer or the authorised person may, instead of taking charge of the child, make a report to the Board for initiating an inquiry regarding the child. (2) On receipt of a report under sub-section (1), the Board may call upon the parent or guardian to produce the child before it and to show cause why the said 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 issue a warrant authorising any police officer to search for the child and to take him to a place of safety, not being a police station to be detained therein until he can be brought before the Board.

(1) When a person alleged to be a neglected child is produced before a Board it shall examine the police officer or the authorised person, who brought the child or made the report and record the substance of such examination and hold the enquiry in the prescribed manner. (2) Where on such enquiry the Board is satisfied that a child is a neglected child, the Board may make an order directing the child to be committed to a children’s home or to the care of a fit person institution named by the Board for a period of not less than two years but not, in any case, extending beyond the period when the child will, in the opinion of the Board complete the age of sixteen years in the case of a boy or eighteen years in the case of a girl. (3) During the pendency of any enquiry regarding a child, the child shall unless he is kept with his parent or guardian, be sent to observation home for such period as may be specified in the order of the Board.

(1) If the Board so thinks fit, may instead of making an order under sub-section (2) of section 43 for sending the neglected child to a children’s home or a fit person institution, make an order placing the child under the care of a parent or guardian or other person, executing a bond with or without surities in such manner as the Board may require, to be responsible for the good behaviour and well-being of the child and for the observance of such other conditions as the Board may impose for securing that the child may lead an honest and industrious life. (2) The Board, which makes an order committing a neglected child to the care of a parent, guardian or other person under this section may, in addition, order that he be placed under the supervision of the probation officer for any period not exceeding three years. (3) Notwithstanding anything in sub-section (1) or sub- section (2), if 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 enquiry as it deems fit, order the child to be sent to a children’s home.

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

Where the parent or guardian of a child complaints to the Board that he is not able to control the child and that he desires the child to be sent to a children’s home or a fit person institution, the Board, if satisfied on enquiry that it is expedient so to deal with the child and the parent or guardian understands the results which will follow may order the child to be committed to a children’s home or a fit person institution.