Chapter XI MISCELLANEOUS

(1) The Government may, at any time, order a child to be discharged from a children’s home, certified school or fit person institution, either absolutely or on such conditions as the Government may approve: Provided that adequate after-care service is provided for such child wherever possible. (2) The Government may, in the interests of discipline or for any special reasons, order– (a) a juvenile offender detained in a certified school, who has completed the age of sixteen years in the case of a boy or eighteen years in the case of a girl; (b) any child over the age of sixteen years in the case of a boy and eighteen years in the case of a girl released on licence, who has committed a breach of the conditions of licence and who it is not advisable to send back to the same home, school or institution from which he has been released to be transferred to a Borstal School established under the law relating to Borstal Schools for the time being in force in the State: Provided that the total period of detention of the child, or juvenile offender shall not be increased by the transfer. (3) Upon the transfer of a child or juvenile offender to a Borstal School under sub-section (2), the provisions of the law relating to Borstal Schools for the time being in force in the State shall apply to such child or offender as if he had been originally ordered to be detained in a Borstal School under that law. (4) The Government may, at any time in its discretion, discharge a child from the care of any person to whose care he is committed under this Act either absolutely or on such conditions as the Government may approve, provided that adequate after-care service is provided for such child whenever possible.

(1) The Government may, in consultation with the manager of any children’s home, certified school or fit person institution in this State, consent to the transfer to that home, school or institution of any child or juvenile offender detained in a home, school or institution of a like nature in any other part of India by an order of a competent authority, and upon such transfer of a child or juvenile offender to the home, school or institution in this State, the provisions of this Act shall apply to such child or juvenile offender. (2) The Government may direct any child or juvenile offender to be transferred from any children’s home, certified school or fit person institutions in this State to any home, school or institution of a like nature in any part of India in respect of which provision similar to that in this State, is made by the Government of that part of India under any law in force therein: Provided that no such child or juvenile offender shall be transferred under this sub-section without the consent of the concerned Government of that part of India.

(1) Where it appears to the Government that any child detained in a children’s home, certified school or fit person institution under any order of a competent authority is of unsound mind or a leper, the Government may, by an order setting for the grounds, of belief that the child is of unsound mind or a leper, order his removal to a mental hospital or leper asylum or other place of safe custody for being kept there for the remainder of the term for which he has to be detained under the orders of the competent authority or for such further period as may be certified by a medical officer to be necessary for the proper treatment of the child. (2) Where it appears to the Government that the child is cured of unsoundness of mind, or of leprosy, the Government may, if the child is still liable to be kept in custody by an order direct the person having charge of the child to send him back to the children’s home, certified school or fit person institution from which he was removed, or if the child is no longer liable to be kept in custody, order him to be discharged. (3) Subject to the provisions of sub-section (2) the provisions of section 31 of the Indian Lunacy Act, 1912 (Central Act 4 of 1912) or section 14 of the Andhra Pradesh Leprosy Act, 1953 (Central Act 4 of 1954) shall apply to every child confined in a mental hospital or leper asylum under sub-section (1) after the expiration of the period for which he was ordered to be detained; and the time during which a child is confined in a mental hospital or leper asylum under that sub-section, shall be reckoned as part of the period for which he may have been ordered by the competent authority to be detained: Provided that where the removal of a child due to the unsoundness of mind or leprosy is immediately necessary, it shall be open to the authorities of the institution in which the child is detained to apply to a Court having jurisdiction under the Indian Lunacy Act, 1912 (Central Act 4 of 1912) or the Andhra Pradesh Leprosy Act, 1953 (Central Act 4 of 1954) as the case may be for an immediate order of committal to a mental hospital or a leper asylum until such time as the orders of the Government can be obtained in the matter.

The Chief Inspector may, for reasons to be recorded in writing, direct any child or juvenile offender to be transferred from one children’s home, certified school or fit person institution to another children’s home, certified school or fit person institution: Provided that the total period of detention of a child or a juvenile offender shall not be increased by such transfer.

(1) If in any case in which an information has been given by any person under the provisions of sub-section (2) of section 58, the competent authority after such inquiry as it may deem necessary, is of opinion that such information was false and either frivolous or vexatious, it may, for reasons to be recorded in writing, direct that compensation to such an amount not exceeding Rs. 100, as it may determine, be paid by such informer to the person against whom the information was given. (2) Before making any order for the payment of compensation, the competent authority shall call upon the informer to show cause why he should not pay compensation and shall consider any cause which such informer may show. (3) The competent authority may, by the order directing payment of the compensation, further order that in default of payment the person ordered to pay such compensation shall suffer simple imprisonment for a term not exceeding thirty days. (4) When any person is imprisoned under sub-section (3), the provisions of sections 68 and 69 of the Indian Penal Code, 1860, shall, so far as may be, apply. (5) No person, who has been directed to pay compensation under this section, shall by reason of such order, be exempted from any civil or criminal liability in respect of the information given by him but any amount paid as compensation shall be taken into account in any subsequent civil suit relating to such matter. (6) When an order for the payment of compensation is made under sub-section (1), the compensation shall not be paid to person ordered to receive it before the period allowed, for the presentation of an appeal has expired or if an appeal has been filed, till it is disposed of.

(1) Where it appears to a competent authority that a person brought before it under any of the provisions of this Act, otherwise than for the purpose of giving evidence, is a child, the competent authority shall hold an inquiry as to the age of that person and for that purpose shall obtain medical opinion and take such other evidence as may be forthcoming and shall record a finding whether the person is a child or not, stating his age, as nearly as may be. (2) No order of a competent authority shall be deemed to have become invalid merely by any subsequent proof that the person in respect of whom the order has been made is not a child, and the age recorded by the competent authority to be the age of the person so brought before it, shall, for the purposes of this Act, be deemed to be the true age of that person.

When a juvenile offender is found to have committed any offence, the fact that he has been so found shall not have any effect under section 75 of the Indian Penal Code, 1860, or operate as a disqualification for office or any employment or election under any law.

(1) Without prejudice to the powers of courts of appeal and revision, any custody order, supervision order or probation order may be amended by the competent authority which made such order in respect of the person named as custodian, supervisor or probation officer and such other details as may be deemed necessary: Provided that in the case of an order committing a child to an institution, no such order shall be amended except in relation to the period of duration, such amendment being by way of extension on the period only; Provided further that in case of emergency and for immediate necessity a committal order may be varied by way of charge in the institution to which the order relates, such variation being subject to confirmation by the Chief Inspector. (2) Clerical mistakes in orders passed by a competent authority or patent errors arising therein from any accidental slip or omission may, at any time, be corrected by the competent authority either on its own motion or on an application received in this behalf.

(1) Any person to whose care a child is committed under the provisions of this Act shall, while the order is in force, have a like control over the child as if he were his parent, and shall be responsible for his maintenance, and the child shall continue in his care for the period stated by the competent authority notwithstanding that he is claimed by his parent or any other person. (2) The Chief Inspector shall have the power under the Guardian and Wards Act, 1890 (Central Act 8 of 1890) to be an ex-officio guardian within the meaning of that Act in respect of the children under his care, and shall have the right to apply to the competent authority for directions as to the administration of the property of the child.

The provisions of Chapter XXXIII of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), shall, so far as may be, apply to bonds taken under this Act.

The Chief Inspector, Probation Officers, Inspectors and Assistant Inspectors of certified schools and children’s home and all other persons authorised or entitled to act under any of the provisions of this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860) and of section 2 of the Prevention of Corruption Act, 1947 (Central Act 2 of 1947).

No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is in good faith done or intended to be done under this Act.

(1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing provision, such rules may be made for all or any of the following matters, namely:- (a) the procedure to be followed by a competent authority or any other court in inquiries, trials and the conduct of proceedings under the Act; (b) the places at which, the days on which and the manner in which a competent authority shall hold its sittings; (c) the circumstances in which and conditions subject to which an institution may be declared or recognised as children’s home, a certified school, a fit person institution, observation home or an approved place; (d) the internal management and discipline of children’s homes, certified schools, fit person institutions and observation homes and the standards to be maintained by them and their classification with reference to age-groups of the children or juvenile offenders to be detained therein; (e) the functions and liabilities of children’s homes, certified schools, fit person institutions and observation homes; (f) the inspection of children’s homes, certified schools, fit person institutions, observation homes, voluntary homes and after-care organisations; (g) the establishment, management and functions of after-care organisations and the circumstances in which and the conditions subject to which an institution may be recognised as an after care organisation; (h) the powers and functions of Chief Inspector, Inspectors and Assistant Inspectors of certified schools and children’s homes and probation officers; (i) the recruitment and training of persons appointed to carry out the purposes of this Act and the terms and conditions of their services; (j) the manner in which contribution for the maintenance of a child may be ordered to be paid by parent or guardian; (k) the conditions under which a child may be placed out on licence and the form and conditions of such licence; (l) the conditions subject to which children may be committed to the care of persons under this Act and the obligation of such persons towards the children so committed; (m) any other matter which is or may be prescribed under the Act. (3) Every rule made under this section shall be laid as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of fourteen days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified have effect, only in such modified form or be of no effect as the case may be, so however that any modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

The Andhra Pradesh (Andhra Area) Children Act, 1920, the Andhra Pradesh (Telangana Area) Children Protection Act, 1343 F., the Andhra Pradesh (Telangana Area) Children Act, 1951 are hereby repealed: Provided that- (a) juvenile courts established under any of the above Acts shall be deemed to be juvenile courts established under this Act; (b) certified schools established under the above Acts shall be deemed to be certified schools established under this Act; (c) all licences and certificates granted and transfers made under any of the above Acts shall be deemed to be granted or made under this Act; (d) all cases, proceedings and appeals pending before any court under any of the above Acts shall be continued and disposed of by the said courts, notwithstanding anything in this Act, as if they were cases, proceedings and appeals under this Act; (e) all appeals against orders of courts appointed under any of the above Acts, which would have laid under any of those Acts shall be deemed to be appeals from orders made by courts under this Act and shall be presented to the courts empowered to hear appeals under this Act and shall be disposed of accordingly; (f) any appointment, notification, notice, rule or form made or issued under any of the above Acts shall continue to be in force and be deemed to have been made or issued under the provisions of this Act in so far as such appointment, notification, notice, order, rule or form is not inconsistent with the provisions of this Act and shall continue to be in force unless and until it is superseded by any appointment, notification, notice, order, rule or form made or issued under this Act.

The provisions of the Andhra Pradesh Prevention of Begging Act, 1977 (Andhra Pradesh Act , 12 of 1977) shall cease to apply to children to which this Act applies and section 8 of the Andhra Pradesh General Clauses Act, 1981 shall apply on such cessor as if the said provisions had been repealed by an Andhra Pradesh Act.