Chapter VIII MAINTENANCE AND TREATMENT OF COMMITTED CHILDREN

(1) The competent authority, which makes an order for the detention of a neglected child in a children’s home or a juvenile offender in a certified school or for the commital of a neglected child or juvenile offender to the care of a relative or other fit person, may make an order on the parent or other person liable to maintain the child, to contribute towards his maintenance, if he is able to do so, in the prescribed manner. (2) The competent authority before making any order under sub-section (1) 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 may be. (3) Any order under this section may be varied by the competent authority on an application made to it by the party liable or otherwise. (4) The person liable to maintain a child shall for the purposes of sub-section (1) include in the case of illegitimacy his putative father: Provided that where the child is illegitimate and an order for his maintenance has been made under sections 125 and 126 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), 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 payments accruing due under the said order for maintenance to such person or persons as may be named, to be applied by him or them, as the case may be, towards the maintenance of the child. (5) Any order under this section may be enforced in the same manner as an order under sections 125 and 126 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

(1) In determining the children’s home, certified school, fit person institution or other person to whose custody a child is to be committed or entrusted under this Act, the competent authority shall ascertain the religious persuasion to which the child belongs and shall, if possible, in selecting such children’s home certified school, fit person, institution or other person, have regard to the facilities which are afforded for instruction in his religion. (2) When a child is committed to the care of a children’s home or certified school where facilities for instruction in his religion are not afforded, or is entrusted to the care of a fit person institution or other person under circumstances as it appears that no special facilities for the up-bringing of the child as per his religious practice exist, the authorities of such children’s home, certified school or such fit person institution or such other person shall not bring up the child as per any religious practice other than that of the child. (3) Where it is brought to the notice of the Chief Inspector or of the competent authority that a breach of sub-section (2) has been committed, it shall be open to the Chief Inspector or the competent authority to transfer the child from the custody of such home, school, institution or person. (4) The children’s home, certified school or fit person institution shall, wherever possible, provide for moral instructions to the children including juvenile offenders kept in such home, school or institution.

(1) Subject to the prescribed conditions the Chief Inspector, may at any time after the expiration of six months from the commencement of the detention of a child in a children’s home, certified school or fit person institution, on the recommendations of the visitors or manager of such home, school or institution or on application by a parent, other relation or guardian, reinforced by such inquiry as may be prescribed, release such child from the home, school or institution and grant him a written licence in the prescribed form and on the prescribed conditions permitting him to live under the supervision and authority of a responsible person or society willing to take charge of the child and approved by the Chief Inspector. (2) Any licence granted under sub-section (1) shall be in force until revoked under sub-section (3) or forfeited by the breach of any of the conditions on which it was granted. (3) The Chief Inspector may at any time by order in writing revoke any licence and order the child to return to the children’s home, certified school or fit person institution and shall do so at the desire of the person or society with whom or under whose supervision, he is licenced to live, if the child refuses or fails to return to the home, school or fit person institution, the Chief Inspector may, if, he thinks fit in the interest of the child so to do, direct by an order the arrest of the child and cause him to be placed before a competent authority or taken back to home, school or fit person institution. (4) When a licence has been revoked or forfeited the child refusing or failing to return to the home, school or fit person institution, has not been arrested and placed before the competent authority under the provisions of sub-section (3), the competent authority may if satisfied by information on oath or solemn affirmation that there is reasonable ground for believing that his parent or guardian could produce the child, issue a summons requiring the parent or guardian to attend the competent authority on such day as may be specified in the summons and to produce the child and if he fails to do so without reasonable excuse, he shall, in addition to any other liability to which he may be subject to under the provisions of this Act, on conviction, be punished with fine which may extend to one hundred rupees. (5) Where a parent or guardian is directed to pay a fine under this section, the amount may be recovered in accordance with the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). (6) The time during which a child is absent from a children’s home, certified school or fit person institution, in pursuance of a licence granted under this section shall be deemed to be part of the time of his detention in the home, school or institution: Provided that where a child has failed to return to the school or institution on the licence being revoked or forfeited the time which lapses after his failure so to return shall be excluded in computing the time during which he is to be detained in the home, school or institution.

Notwithstanding anything to the contrary in any law for the time being in force, any police officer may arrest without a warrant a child who has escaped from a children’s home, certified school or a fit person institution or from the supervision of a society or a person under whose supervision he was directed to remain and shall send the child back to the home, school, institution, society or the person without registering any offence or prosecuting the child and the said child shall not be deemed to have committed any offence by reason of such escape, but he shall be dealt with by the authorities of the home, school, institution or society or the person concerned in such manner as they think fit, provided such authorities or person shall at the same time inform the action taken to the competent authority from which the child was originally sent.