The East Punjab Children Act, 1949

| : East Pb, 1949 Act XXXIX] CHILDREN oo.

THE EAST PUNJAB CHILDREN ACT, 1949.

TABLE OF CONTENTS.

i Preliminary, ~ g

Short title and extent,

to the area to which certain provisions of this Act apply.

pass an order under this Act.

Measure for the Custody and Protection of Children who are . destitute, etc.

Offences against children ard their prevention

tobacco or smoking mixture in possession of a child.

toxicating liquor. .

' 16.

Allowing child to be in brothel. )

treated.

formation.

Lal | 458 CHILDREN [1949 . East Pb, Aq XXxpy

Youthful Offenders SECTIONS . Bail of children arrested. . . 3. Custody of children not discharged on bail afte, arregy

: offence, etc. . i

a child, . : 29. Commitment of child to a certified school,

. : to suitable custody. .

children, i

’ 36. Investigation of character and circumstances,

Prohibition of publication of names, addresses or other details concerning children involved in offences

involved in offence.

Contribution of parent,

’ 42. Period of detention, . 43. Discharge and transfer,

nature in different papyg of India. ’

p— 1949 : East Pb. Act XXXIX.] cizprex 489 |

Certified Schools and other Institutions

certificate.

“ 56.

Inspection of institutions for reception of poor children.

homes (i.e., institutions for the reception of poor children).

children.

Juvenile Courts

\" juvenile courts.

Miscellaneous

veneral or tubercular disease. BE

460 CHILDREN [1949 : East Pb. Ag Xxx | ' SECTIONS i k ’ %

Coy , 67. Power to clear court while child is giving SVideng, ) certain cases. in

' newspapers. n

fences. r 70.. Control of custodian over child. )

1949 : East Pb. Pb. Act XXXIX.] crmpren 461 "THE EAST p UNJAB CHILDREN ACT, 1949. E . Heiehed or PUNIAB Act No. XXXIX oF 1949. | [ hr ad Tonle of His Excellency the Governor- : th December, 1949, and was first pub lish- ed in the Bast Punjab G ordina D J overnment Gazette (Extra- rdinary) of December 12, 1949.] -—— , ete =f 3 | 4 . ER Year| No. Short title Whether repealed or otherwise _ affected by legislation -_—— 1949 | .. XXXIX | The East Punjab Children | Amended in part by the Adap- act, 1940 tation of Laws Order, 1950 Amended in part by the Adap- | | tation of Laws (Third Amend. | ment) Order, 1951 | | Extended to the territories i which, immediately before the Ist, November, 1956, were comprised in the State of | | Patizla and [East Punjab | | States Union, by Punjab Act, 1 XLIII of 196.2 ” i Ameded by Punjab Act XXV of | 1964.2 | Amended by the Punjab Reorga- | nisation (Chandigarh) (Adapta. | tion of Laws on State and | Concurrent Subjects) Order, EE —— SE An Act to make provisions for the custody and protection of children and for the custody, trial, and punishment of youthful offenders and for the amendment of the Reformatory School Act, 1897, in its application to . 4[the State of Punjab]. PARTI PRELIMINARY 1. (I) This Act may be called the East Punjab Child- short title and extent. ren ‘Act, 1949. > (2) It extends to the whole of the [Union Territory of Chandigarh]. == = at f Objects and Reasons, see East Punjab Government Gazette (Extraordinary, 1048, pez 359.0 ; for the Select Committee Report, see East Punjab Government Gazette (Extraordinary), 1949, Part V, pages 55—106 ; for proceedings in the Assembly, gee East Punjab Legislative Assembly Debates, Volume IV, 1949, pages 6)27. O26 ent of Objects and Reasons, see Punjab Government Gazette -ordi A 0. (Extra ordinary, or oF Sond Reasons , see Punjab Government Gazette rdinary), 1964, pages 935—937 , Extraordizary), Io ee words ‘¢(he Province of East Punjab” by the Adaptation

• • of Laws (Third Amendment) Order, 1951. " o i “State of Punjab” by th Rush Reorganisation (Conniumary. Chdapiation of Laws on. State and Concurrent Subjects) Order, 1968. 462 CHILDREN (1949 : East Fh, Act XXxix . ; introduction of this A _ (3). Notwithstanding ernment] may by ‘his. Act ae be CE ehildron or youthful offenders gi On class Fr . 0 pide of all or any of the provisions of thjg Ag ™ Commencement, . into operation at once. 2. Section 1 shall come in ation The rest of the Act shall come into operation in any area op such date as the [Central Government] may by notif; Icatigy appoint in this behalf. Interpretation, 3. In this Act unless there is anything repugnant i, the subject or context,— (@) “brothel” means any house, room or place or i any part thereof, which is habitually used by ’ more than one person for the purposes of pros- titution ;

1. (b) “certified school” means an industrial schoo] we established under sub-section (I) or any indus- trial school or any other educational insti- tution certified under sub-section (2) of sec- tion 46 of this Act : . (¢) “child” means a person under the age of 16 years, and when used with reference to a child sent to a certified school applies to that child during the whole period of his detention, not- withstanding that the child may have attained the age of 16 years ; ; i (d) “a child in need of care Or protection” means a child to whom any of the clauses (a), (5), (¢): @, (), (f ) and (g) of sub-section (7) of sec- tion 8 of this Act, applies ; . (€) “Chief Inspector” means the person appoint- A ed as such under section 48 of this Act ; RL rd means the Code of Criminal Procedure, Yo | Contig) Rito LS Cormier merit 1949: East Pb. Act XXXIX.] ciLoren 463 © (g) “fit person” in relat | includes any Soety Gy care of any child : ed for the receptio y corporate establigh- ren n or protection of poor child- . Lor the prevention of cruel poor child
   • • which undertakes to bring up o “to oer Are "ties for bringing up any shi tous wacili-- : care in conformity wi Chtrusted to its” “7 birth ; ity with the religion of its: (hy Bis i relation to a youthful offender . fo includes any person who in the opinion ) ol the court having cognizance of any proceed- Ings in relation to the youthful offender or child or in which the youthful offender or child is concerned, has for the time being the actual charge of or control over the youthful offender ~~ . orchid; ’ (?) “Juvenile court” means a separate court es- Co tablished under sub-section (7) of section 60° : of this Act and includes a court before which" a child is brought under sub-section (2) of that’ » section ; es NG) “place of safety” includes any orphanage, hos- tart pital, surgery or any other suitable place or institution the occupier or manager of which is willing temporarily to receive a child or where such orphanage, hospital, surgery, or other - suitable place or institution is not available, in case of a male child only, a police station ;
2. (k) “prescribed” means prescribed by rules under this Act ;.. . (/) “Probation Officer” means an officer appoint- ed under section 31 ; and v (m) “youthful offender” means any child who has ~ 7+ been found’ to have committed “an- offence punishable with transportation “or imprison- ment. a The Reformatory VII of 4. (J) The provisions of the Reformatory Schools "ols Act, 1897 5 set, Yisod shall cease to apply to any area. in which this ioceueip frend ‘Act shall be, or has been, brought into-operation. which certain provisions of this . A Act, apply. 464 CHILDREN [1949 © East Pb. Act XXxix thful offender detained in a Refory, Schios] in 2s area In pursuance of an order passed 1) court under the Reformatory Schools Act, 1897, imme, diately preceding the date on which the said Act ceases ¢~ Yi, apply to the said area under sub-section (I) shall, fron, ul such date, be deemed to have been ordered to be detaineg as if such youthful offender was originally dealt wip under this Act and the Reformatory School in which pe was detained shall be deemed to be a certified schyq established under this Act and any order of detentiop or placing out on licence of such youthful offender under tp, Reformatory Schools Act, 1897, shall , from such date, pe deemed to be an order passed under the corresponding provisions of this Act and the provisions of this Act sha] so far as may be, apply to such youthful offender accorg. ingly. Children under 5. The court shall not order a child under the age of cight years. eight years to be sent to a certified school unless for any reason, including the want of a fit person of his own reli- gious pursuasion who is willing to undertake his care, the court is satisfied that he cannot suitably be dealt with otherwise. Powers of Courts. 6. The powers conferred on courts by this Act shall be exercised only by :— (@) the High Court ;

1. (6) = Court of Sessions ; (¢) '[a Chief Judicial Magistrate]; @ = + wo ©] any reile Court constituted under 5 1964, Substituted for the words “a Digtricy Magistrate” by Punjab Act NO: 25 of ' *Clause (d) omitted by ;p;4. | i : E A 1949 : East Pb. Act XXXIX] CHILDREN 465 any ici i (po Tod re) of ied in thi tral Government] in rir the fh High Court] ; lon with the and may be exercised by such co comes before them in the exercise ee ed bey : or on appeal or revision. EID Hsien, 7. (I) When any magistrat an order under this Act is ot ogiition: that child pt ht iagisienc isnot before him should be sent to a certified school or dealt with de dos in any other manner in which the case may be dealt with Act. ) under this Act, he shall record such opinion and submit his proceedings and forward the child to the [Chief Judi- cial Magistrate] to whom he is subordinate or to the Judicial Magistrate] presiding over the nearest Juvenile ourt having jurisdiction in the case : Provided that where a child brought before a [Judicial Magistrate] not empowered to pass an order under this Act is accused of an offence triable jointly with any other + person not being a child, nothing in this sub-section shall affect or be deemed to affect the powers of the [Judicial Magistrate] to try such other person. :
2. (2) The magistrate to whom the proceedings are so submitted may make such further inquiry, if any, as he may think fit and may pass such order dealing with the case as he might have passed if the child had originally been brought before or tried by him. PARTII MEASURES FOR THE CUSTODY AND PROTECTION OF CHIL- DREN WHO ARE DESTITUTE, ETC. 8. (J) Any police officer or such other person autho- Children geeround rised in this behalf in accordance with rules made by the ete [Central Government] may bring before a court any person who in his opinion isa child and who—
   • (a) has no home, place of abode or visible means of subsistence, or is being wilfully neglected by his parent or guardian ; or Substituted for the word “Magistrate” by Punjab Act No. 25 of 1964. - Lo Substituted for the words “State Government” by Punjab Reorganisation (Chandigah) {Adaptation of Laws on State and Concurrent Subjects) Order, 1968. Added by Punjab Act No, 25 of 1964. . Substituted for the words “District Magistrate or Sub-Divisional Magis- trate” by ibid. sSubstituted for the word “Magistrate” by ibid. 466 CHILDREN [1949 : East Ph, 4g XXx | . . X is found destitute and his parents or on
   • (b) pe Eke or other guardian or in the cage ig "illegitimate child his mother or other Sarg | are or is as the case may be, undergoing tr an, . portation or imprisonment ; or ans. ¢) is under the care of a parent or guardia © by reason of criminal or drunken habits ia lo fit to have the care of such person ; or n-
   • (d) frequents the company of any reputed thief of prostitute ; or
   • (e) is lodging or residing in or frequenting a house ) used by a prostitute for the purposes of Prost. tution ; or
   • (f) is made or allowed to beg or receive alms sor
3. (8) is being grossly overworked or ill-treated by his employer : Provided that when any such child has a parent or guardian who has the actual charge or conirol over the child the police officer or other person, as aforesaid, shall, in the first instance make a report to the nearest court or }[Judicial Magistrate] having jurisdiction under this Act. Such court or [Judicial Magistrate] may call upon such parent or gurdian to show cause why the child should not during the pendency of the proceedings be removed : from his care ; and ‘may on suitable suretios being offered for the safety of such child and for his being brought before the court, permit the child to remain in the actual charge or control of his parent or guirdian or may order oo . his removal till the court passes orders under this Act.
4. (2) The court before which a child is brought undef sub-section (7) shall examine the informant and recor’ the substance of such examination and shall, if there ot sufficient grounds for further. enquiry, fix a date for sv enquiry. : 3 ; jld
5. (3) On the date fixed for the production of the Fhe or for the enquiry or on any subsequent date to Whic dre proceedings may be adjourned the court shall heat oe any cord all evidence which may be adduced and conside _ CY ERT eer *Substituted for the word “Magistrate” by Punjab Act No. 25 of 196% : 4 1949 : East Pb. Act XXXIX.] cuore 464 cause which may be shown why an or, . . to a certified school should not he ox sealing the child. | further inquiry it thinks fit. ssed and make any 2
6. (4) If the court is satisfied on the inquj at & person is a child to whom any of the clauses of subsector
7. (1) applies and that it is expedient so to deal with him. t may order hi or m, il such child attains the a be sent. to a certified school until suf ns the age of 18 years er period. years or for any short-