Chapter VIII MISCELLANEOUS

Where an inquiry has beer} 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 in any other law for the time being in force, the inquiry be continued and orders may be made in respect of such person as if such person had continued to be a child.

1. (1) The State Government may, notwithstanding anything contained in this Act, at any time, order a neglected or delinquent child to be discharged from the children's home-cum- observation home or special school, either absolutely or on such conditions as it may think fit to impose.
2. (2) The State Government may, notwithstanding anything contained in this Act, order—
   • (a) a neglected child to be transferred from a children's home-cum-observation home to another;
   • (b) a delinquent child to be transferred from one special school to another; or from a special school to a children's home-cum-observation home;
   • (c) a child who has been released on license which has been revoked or forfeited, to be sent to the special school or children's home-cum-observation home from which he was released or to any other children's homecum-observation home or special school: Provided that the total period of the stay of the child in a children's home-cum-observation home or special school shall not be increased by reason of such transfer.
3. (3) The State Government may, notwithstanding anything contained in this Act, at any time, discharge a child from the care of any person under whom he has been placed under this Act either absolutely or on such conditions as the State Government may think fit to impose.

1. (2) The State Government may, by general or special under, provide for the reception in a children's home-cumobservation home or special school within the State of a neglected child or delinquent child detailed in a children's home-cum-observation home or special school or institution of a like nature in any other State. Where the Government of the State makes an order for such transfer, upon such transfer the provisions of this Act shall apply to such child as if he had been originally ordered to be sent to such children's home-cum-observation home or special school under this Act.

1. (1) If in the opinion of the medical officer, authorised by the State Government a child kept in a special school or children's home-cum-observation home in pursuance of this Act is suffering from leprosy, tuberculosis or unsoundness of mind the State Government may order his removal to a suitable hospital or other place for being kept there for such period as may be necessary for the proper treatment of the child.
2. (2) Where in the opinion of the medical officer authorised by the State Government such a child is cured the State Government may order the person having charge of the child to send him to the special school or children's homecum-observation home from which he was removed or, if the child is no longer liable to be kept in custody, order him to be discharged.

1. (1) When a child is kept in a children's home-cum-observation home or special school, the State Government may, if it so thinks fit, release the child from the children's home-cum-observation home or special school and grant him a written licence for such period and on such conditions as may be specified in the licence permitting him to live with, or under the supervision of, any responsible person named in the licence willing to receive and take charge of him with a view to educate him and train him for some useful trade or calling.
2. (2) Any licence so granted under sub-section (1) shall be in force for the period specified in the licence or until revoked or forfeited by the breach of any of the conditions on which it was granted whichever is earlier.
3. (3) The State Government may, at any time, by order in writing revoke any such licence and order the child to return to the children's home-cum-observation home or special from which he was released or to any other children's home-cum-observation home or special school, and shall do so at the desire of the person with whom or under whose supervision the child has been permitted to live in accordance with a licence granted under sub-section (1).
4. (4) When a licence has been revoked or forfeited and the child refuses or fails to return to the special school or children's home-cum-observation home to which he was directed to return, the State Government may, if necessary, cause him to be taken charge of and to be taken back to the special school or children's home- cum-observation home.
5. (5) The time during which a child is absent from a special school or children's home-cum-observation home in pursuance of a licence granted under this section shall be deemed to be part of the time for which he is liable to be kept in custody in the special school or children's home-cum-observation home; Provided that when a child has failed to return to the special school or children's home-cum-observation home on the licence, being revoked or forfeited, the time which elapses after his failure so to return shall be excluded in computing the time during which he is liable to be kept in custody.

Notwithstanding anything contained in the contrary contained in any other law for the time being in force, any police officer may take charge without warrant of a child who has escaped from a special school or a children's home-cum- observation home or from the care of a person under whom he was placed under this Act and shall send the child back to the special school or the children's home-cumobservation home or that person, as the case may be; and no proceeding shall be instituted in respect of the child by reason of such escape but the special school, children's home-cum-observation home or the person may, after giving the information to the competent authority which passed the order in respect of the child, take such steps against the child as may be deemed necessary.

1. (1) Whoever—
   • (a) knowingly assist or induces directly or indirectly a child to escape from the children's home-cum-observation home or special school or from the custody of the person under whom he is placed by an order Binder this Act; or
   • (b) knowingly harbours, conceals or prevents from returning to such school or home or to such person a child who has so escaped or knowingly assists in doing so; shall be punishable with imprisonment for a term which may extend to six months or with fine not exceeding five hundred rupees or with both
2. (2) All offences under sub-section (1) shall be cognizable.

1. (1) The competent authority, which makes an order for sending a neglected child or a delinquent child to a children's home-cum-observation home or a special school or placing the child under the care of a fit person may make an order requiring the parent or other person liable to maintain the child the contribute to his maintenance if able to do so, in the prescribed manner.
2. (2) The competent authority before making any order under sub-section (1) shall enquire 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. (3) The person liable to maintain a child shall for the purposes 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 Section 125 of the Code of Criminal Procedure, 1971 (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 sums accruing due under the said order for maintenance to be paid to such person as may be named by the competent authority and such sum shall be paid by him towards the maintenance of the child.
4. (4) Any order made under this section may be enforced in the same manner as an order under Section 125 of the Criminal Procedure, 1973 (Act 2 of 1974).

Any person in whose custody a child is placed in pursuance of this Act shall, while the order is in force, have the like control over the child as he would have if he were his parent, and shall be responsible for his maintenance, and the child shall continue in his custody for the period stated by the competent authority, notwithstanding that he is claimed by his parent or any other person: Provided that no child while in such custody shall be married except with the permission of the competent authority.

In any area in which this Act is brought into force, the State Government may direct that a delinquent child who is undergoing any sentence of imprisonment at the commencement of this Act shall, in lieu of undergoing such sentence, be sent to a special school or be kept in safe custody in such place and manner as the State Government thinks fit, for the remainder of the period of the sentence; and the provisions of this Act shall apply to the child as if he had been ordered by a

children's court to be sent to such special school or, as the case may be, ordered to be detained under sub-section (2) of Section 20.

1. (1) The State Government may appoint as many probation officers, officers for the inspection of special school, children's home-cum-observation home or aftercare organisation and such other officers as it may deem necessary for carrying out the purposes of this Act.
2. (2) It shall be the duty of the probation officer—
   • (a) to inquire, in accordance with the direction of a competent authority, into the antecedents and family history of any child accused of an offence, with a view to assist the authority in making the inquiry;
   • (b) to visit neglected and delinquent children at such intervals as the probation officer may think fit;
   • (c) to report to the competent authority as to the behaviour of any neglected or delinquent child;
   • (d) to advise and assist neglected or delinquent children and, if necessary, endeavour to find them suitable employment;
   • (e) where a neglected or delinquent child is placed under the care of any person on certain conditions, to fee whether such conditions are being complied with; and
   • (f) to perform such other duties as may be prescribed.
3. (3) Any officer empowered in this behalf by the State Government may enter any special school, children's homecum- observation home or aftercare organisation and make a complete inspection thereof in all its departments and of all papers, registers and accounts, relating thereto and shall submit the report of such inspection to the State Government. 55. Officers, appointed under the Act to be public servants.—Probation officers and other officer, appointed in pursuance of this Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (Act 45 of 1860).

Probation officers and other officer, appointed in pursuance of this Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (Act 45 of 1860).

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

The State Government may, by general or special order, direct that any power exercisable by it under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by an officer subordinate to it.

No suit or other legal proceeding shall lie against the State Government or any probation officer or other officer appointed under this Act in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder.

1. (1) The Reformatory Schools Act, 1897, and Section 27 of the Code of Criminal Procedure, 1973 (Act 2 of 1974) shall cease to apply to any area in which, this Act has been brought into force.
2. (2) The Women's and Children's Institutions (Licensing) Act, 1956, shall not apply to any children's home-cumobservation home or special school established and maintained under this Act.

1. (1) The State Government may, by notification in the Official Gazette, make rules to. carry out the purpose of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely—
   • (a) the places at which, the days on which, the time at which, and the. manner in which, a competent authority may hold its sittings;
   • (b) the procedure to be followed by a competent authority in holding inquiries under this Act; and the mode of dealing with children suffering from dangerous disease of mental complaints;
   • (c) the circumstances in which, and the conditions subject to which an institution may be certified as a special school or a children's home cum observation home, and the certification or recognition withdrawn;
   • (d) the internal management of special should and children's home-cum-observation home and standards and the nature of services to be maintained by them;
   • (e) the functions and responsibilities of special schools and children's home-cum-observation home;
   • (f) the inspection of special schools, children's home- cum-observation home and after-care organisations;
   • (g) the establishment, management and functions of after-care organisations; the circumstances in which and the conditions subject to which, an institution may be recognised as an aftercare organisation and such other matters as are referred to in Section 10;
   • (h) the qualification and duties of probation officers;
     • (i) the recruitment and training of persons appointed to carry out the purpose of this Act and the terms and conditions of their service;
   • (j) the conditions subject to which a girl who is a neglected or delinquent child may be escorted from one place to another, and the manner in which a child may be sent outside the jurisdiction of a competent authority;
   • (k) the manner in which contribution for the maintenance of a child may be ordered to be paid by a parent or guardian;
   • (l) the conditions under which a child may be placed out on licence and the form and conditions of such licence;
   • (m) the conditions subject to which children may be placed under the care of any parent, guardian or other fit person or fit institution under this Act and the obligations of such persons or institutions towards the children so placed;
   • (n) any other matter which has to be, or may be prescribed.
3. (3) Every rule made rule this Act shall be laid as soon as may be after it is made, before the Legislature Assembly while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the sessions in which it is so laid or the successive session aforesaid the Legislative Assembly agree in making any modification in the rule or the Legislative Assembly agrees that the rule should not be. made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. ________