The Sikkim Children Act, 1982
Chapter III NEGLECTED CHILDREN
Chapter III NEGLECTED CHILDREN
16. Production of neglected children before children's court
16. (1) If any police officer or any other person authorised by the Government in this behalf by general or special order, is of opinion that a person is apparently a neglected child, such police officer or other person may take charge of that person for bringing him before the children's court.
- (2) When information is given to an officer-in-charge 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 to the children's court.
- (3) Every child taken charge of under sub-section (1) shall be brought before the children's court 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 children's court.
- (4) Every child taken charge of under sub-section (1) shall unless he is kept with his parent or guardian, be sent to an observation home (but not to a police station or jail) until he can be brought before a children's court.
Chapter III NEGLECTED CHILDREN
17. Special procedure to be followed when neglected child has parent
17. (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, or control over, the child, the police officer or the authorised person may, instead of taking charge of the child, make a report to the children's court for initiating an inquiry regarding that child.
- (2) On receipt of a report under sub-section (1), the children's court may call upon the parent or guardian to produce the child before it and to show cause why the child should not be dealt with as a neglected child under the provisions of this Act and if it appears to the children's court that the child is likely to be removed from its jurisdiction or to be concealed, it may immediately order his removal (if necessary by issuing a search warrent for the immediate production of the child) to an observation home.
Chapter III NEGLECTED CHILDREN
18. Inquiry by children's court regarding neglected children
18. (1) When a person alleged to be a neglected child is produced before a children's court, 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 inquiry in the prescribed manner and may make such orders in relation to the child as it may deem fit: Provided that before holding such inquiry the children's court shall direct the probation officer to furnish it with a report regarding the antecedents and family history of the child and other material circumstances likely to be of assistance to the court in holding the inquiry.
- (2) Where a children's court is satisfied on inquiry that a child is a neglected child and that it is expedient so to deal with him, the children's court may make an order directing the child to be sent to a children's home for the period until he ceases to be a child: Provided that the children's court may, for reasons to be recorded, extend the period of such stay, but in no case the period of stay shall extend beyond the time when the child attains the age of eighteen years in the case of a boy and twenty years in the case of a girl: Provided further that the children's court may, if it is satisfied that having regard to the circumstances of the case it is expedient so to do, for reasons to be recorded, reduced the period of stay by such period not exceeding two years as it thinks fit.
- (3) During the pendency of any inquiry regarding a child, the child shall, unless he is kept with his parent or guardian, be sent to an observation home for such period as may be specified in the order of the children's court: Provided that no child shall be kept with his parent or guardian if, in the opinion of the children's court, such parent or guardian is unfit to exercise or does not exercise proper care and control over the child.
Chapter III NEGLECTED CHILDREN
19. Power to commit neglected child to suitable custody
19. (1) If the children's court so thinks fit, it may, instead of making an order under sub-section (2) of section 18 for sending the child to a children's home, make an order placing the child under the care of a parent, guardian or other fit person, on such parent, guardian or fit person executing a bond with or without surety to be responsible for the good behaviour and well being of the child and for the observance of such conditions as the children's court may think fit to impose.
- (2) At the time of making an order under sub-section (1) or at any time subsequently, the children's court may, in addition, make an order that the child be placed under supervision for any period not exceeding three years in the first instance.
- (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), if at any time it appears to the children's court 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 inquiry as it deems fit, order the child to be sent to a children's home.
Chapter III NEGLECTED CHILDREN
20. Uncontrollable children
20. Where a parent or guardian of a child complains to the children's court that he is not able to exercise proper care and control over the child, and the children's court is satisfied on inquiry that proceedings under this Act should be initiated regarding the child, it may send the child to an observation home and make such further inquiry as it may deem fit, and the provisions of section 18 and section 19 shall, as far as may be, apply to such proceedings.
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