Chapter I PRELIMINARY

Short title, extent and commencement.-(1) This Act may be cited as the Jammu and Kashmir Children Act, 1970.

1. (2) It extends to the whole of the State.
2. (3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint and different dates may be appointed for different areas.

Definitions.-In this Act, unless the context otherwise requires,-

1. (i) soliciting or receiving alms in a public place or entering on any private premises for the purpose of soliciting or receiving alms, whether under the pretence of singing, dancing, fortune-telling, performing tricks or selling articles or otherwise;
2. (ii) exposing or exhibiting with the object of obtaining or extorting alms any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;
3. (iii) allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms;

1. (b) "Board" means a Child Welfare Board constituted under section 4;
2. (c) "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 (104 of 1956);
3. (d) "Child" means a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years;
4. (e) "Children's Court" means a court constituted under section 5;
5. (f) "Children's Home" means an institution established or certified by the Government under section 9 as a Children's Home;
6. (g) "competent authority" means in relation to neglected children, a Board constituted under section 4 and in relation to delinquent children a Children's Court, constituted under section 5, and where no such Board or Children's Court has been constituted, includes any Court empowered under sub-section

1. (2) of section 7 to exercise the powers conferred on a Board or Children's Court;
   • (h) "dangerous drug" shall have the meaning assigned to it in the Dangerous Drugs Act, 1930 (2 of 1930);
     • (i) "delinquent child" means a child who has been found to have committed an offence;
   • (j) "guardian" in relation to a child includes any person who, in the opinion of the competent authority having cognizance of any proceeding in relation to a child, has, for the time being, the actual charge of, or control over, that child;
   • (k) "neglected child" means a child who-
     • (i) is found begging; or
     • (ii) is found without having any home or settled place of abode or any ostensible means of subsistence and is destitute, whether he is an orphan or not; or
     • (iii) has a parent or guardian who is unfit to exercise or does not exercise proper care and control over the child; or
     • (iv) 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 prostitute or any other person who leads an immoral, drunken or depraved life;
   • (l) "Observation Home" means any institution or place established or recognised by the Government under section 11 as an observation home;
   • (m) "offence" means an offence punishable under any law for the time being in force;
   • (n) "prescribed" means prescribed by rules made under this Act;
   • (o) "probation officer" means an officer appointed as a probation officer under this Act or under the Jammu and Kashmir Probation of Offenders Act, 1966;
   • (p) "special school" means an institution established or certified by the Government under section 10;
   • (q) "supervision", in relation to a child placed under the care of any parent, guardian or other fit person 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;
   • (r) all words and expressions used but not defined in this Act and defined in the Code of Criminal Procedure, Svt. 1989, shall have the meanings assigned to them in that Code.

Continuation of enquiry in respect of child who has ceased to be child.-Where an inquiry has been initiated against a child and during the course of such inquiry the child ceases to be such, then, notwithstanding anything contained in this Act or any other law for the time being in force, the inquiry may be continued and orders may be made in respect of such person as if such person had continued to be a child.