(1) The State Government may, by rules made under this P.ct, provide for the establishment or re· cognition of After-care Organisatious and may vest them with such powers as may be necessary for effec· tively carrying out their func tions under this Act.
(2) Every such organis :i tion shall take care of the children when t hey leave Children's Homes or · Special Schools and shall, for the purpose of enabling them to lead an honest, industrious and useful life, take all such measures as it may deem necessary or as may be prescribed.-
CHAPTER III NEGLECTED CHILDREN Production 13. (1) If any pol ice offi cer or any other person of ne~Iect- authorised bv th,; State Government in this behalf, ed children b l - · 1 d · f · · } b e f 0 e y genera or spec1a or er, 1s o op1mon t 1at a person Board;, is apparently a neglected child, such police officer or other person may take charge of tint person for bring• ing him before a Board.
(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 ~ha II enter in a book to be kept for th~ 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 Board.
(3) Every child taken charge of under sub-sec· tion (1) shall be brought before the Board within a period of twenty-four hours of such charge taken excluding the time necessary for the journey from the place where the child had been taken charge of to the Board.
(4) Every child taken charge of under sub ..
section ( J) shall unless he is kept with his parent or guardian, be sent to an Observation Horne (but no't rn a police station or jail) until he can be brought before a Board.
Spedcial probe· 14. (1) If a person, who fo the opinion of the cc ure to 1· ffi h h . d . 1 d fo 1 low e d po ice o cer or t e aut onse person 1s neg ecte when neg- child, has a parent or guardian who has the actual lected child charge of, or control over the child, the police officer has parent. or the auth01ised person may, instead of taking charge of the child, make a report to the Board for initia~ing an inquiry regarding that child,
(2) On receipt of a report under sub-section ll), the Board may call upon tbe 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 Acl and i,f it appears to the Board that the child is likely 10 be removed from its jurisdiction or to be concealed, it may immediately order his removal (if necessary by issuing a search warrant for the immediate production of the child) to an Observation Home.
Inquiry by Board re- 15. ( 1) When a person alleged to be a neglected child garding n~g- is produced before a Buard, it shall exam.ine the ~cted chi!- police officer or the authorised person who brought ren. the child or made the report and record the substance of surh examination and hold the inquiry in the prescribed manner and may make such orders in relation to the child as it may deem fit.
(2) Where a Board is satisfied on inquiry that a child is a neglected child and that it is expedient so to deal with !tim, the Board 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 Board may, for reason to be recorded, extends the period of such stay, but in no case the period of stay shall be extended beyond the time when the child attains the age of eighteen years, in the case of a boy, or twenty years, in the case of a girl:
Provided further that the Board 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, reduce the period of stay to such period as it thinks fit.
(S) 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 Obsenation Home for such period as may b:: specified in the order of the Board: ·
Provided that no child shall be kept with his pareflt Or guardian, if, m the opinion of the Board, such parent or guardian is unfit to exercise or does not exercise proper care and control over the child.
c~!':ft n::. 16.-(1) If t~e Board so thinks fit, it may, instead 0 ( lected child making an order under sub-section (2) of section 15 to suitable for sending the child to a Children's Home, make ~ustody. an ordev placing the child under the care of a 73 p!!rent, guardian or other fit person, on such parent, guardian or fit permn executi ng a bond witl:l ~ or without surety to be responsible for the good behaviour and well-being of the child and for the observance of such condition as the Board may think fit to impose.
(2) At the time of making an order under sub section (1 l or at any time subsequently, the Board may, in adoition m ake an order th at 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 "" i '.section (2), if at any time it appears to the Board, on receivin g 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 chi ld, it may, after making such inquiry as it deem fit, order the child to be sent to a Children's Home.
Uncontrol- 17. Where a parent or guardian of a child comable children plains to the Hoard that he is not able to exercise proper care and control over the child and the .Board is satisfied on inquiry that proceedings under this Act should be initiated regarding the child, it may sent the child to an Observation Home and make such further inquiry as it may deem fit and the pro· vision$ of section 15 and section 16 shall, as far as may e be, apply to such proceedings.
CHAPTER IV DELINQUENT CHILDREN Bail and 18. ( 1) When any person accused of a bailable or custodv of non-bailable offence and apparently a child is arrested children. .or detained or appears or is brought before a Children's Court, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1898, or in any other law for the 5 of 1898 time being in force, be released on bail 'A-ith or without surety but he shall not be so released if there appears reasonable grounfls for believing that the release is likely to bring him into association with any reputed criminal or expose him to moral danger or that his release would defeat the ends of justice.
(2) When such person having been arrested is not released on bail under sub-section (I ) by the Officer-in-charge of tht> Police Station, such officer shall cause him to be kept in an Observation Home in the prescribed manner (fiut not in a P.olice Station or Jail) until he ran be brought before a Children's Oourte
(3) When such person is not released on bail under sub-section (I) by the Children's Court, it shall, instead of committing him to prison, make an order sending him to an Observation Home for such period during the pendency of the inquiry regarding him as may be ~pecified in the order.
Informa. 19. Wh ere a child is arrested the Officer-in-charge tion to pa- of the Police Station to which the child is brought 1 e ndt. 0 r shall, as soon as may be after the arrest, inform guar 1an or probation officer. (a) The parent or gc1ardian of the child, if he can be found, of such arrest and direct him to be present at the Children's Court before which the child will appear ; and
(b) the probation officer of such arrest in order to enable him to obtain information regarding the antecedents and family history of the child and other material circumstancts likely to be of assistance to the Children':> Court for making the enquiry.
Inquiry by 20. Where a child having been charged with an Childre n' 5 offence appears or is produced before a Children's ~i~~rt ~~~;~."Court, the Children's Court shall hold the enquiry in quent chil- accordance with the provisior.s of section 39 and may, drca. subject to the provisions of this Act, make such order in relation to the child as it deems fit.
Orders that 21. (1) Where a Children 's Court is sa tisfied on be p~sed re- inquiry that a child has committed an offence, then, g.ardmg dhe~1 notwithstanding anything to the contrary contained lmquent c 1 •• h 1 r h · b · · r h dr.a m any ot er aw 1or t e time em,g m 1orce, t e · Children's Court may, if it so thinks fit- ( a ) allow the child to go home after advice or admonition ;
(b) dll'ect. the child to be released on probation of good conduct anci placed under the care of any parent, guardian or other fit person on such parent, guardian or other fit person executing a bond, with or without surety as that court may uquire, for the good behaviour and well-being of the child for .any period not exceeding three years ;
(c) make an order directing the child to be sent to a Special School-
(i) in the case of a boy over fourteen years of age or of a girl over sixteen years of age, for period not le~s than three years;
(ii) in the case of any other child, for the p~riod until he ceases to be a child;
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Provided that the Children's Court may, if it is satisfied that having regard to the nature of the offence and the circumstances of the case it is expedient so to do, for reasons to be recorded, reduce the period of stay to such period as it thinks fit:
Provided further that the Children's Court may, for reasons to be recorded, extend the period of such stay, but in no case the period C'f st<1.y shall ext end beyond the time when child attains the age of eighteen years, in the case of a boy, or twenty years, in the case of a girl;
(d) order the child to pay a fine if he is over fourteen years ot age and earn money.
(2) Where an order unde r clause (b) or clause ( d) cf sub-section (1) is made, the Children's Court may, if it is of opinion that in the interest of the child and of public it i§ expedient so to do, in addition to m ? ke an order that the delinquent child shall remain under the supervision of a probation Officer named in the order during m ch i:eriad, not exceeding three years as may be specified therein , and may in such supervision order impose such conditions as it deems necessary for the due surervision of the delinquent child :
Provided that if at any tim~ afterwards it appears to the Children's Court on receiving a report from the Probation Officer or otherwise, that foe delinquent child has not been of good behaviour dud ng the period of supervision, it may, after making such enquiry as it deems fit, order the delinquent child to be · sent to a Special School.
(3) The Chi;dren's Court making a supervision order under sec tion (2) shall explain to the child and the parent, gua1dian or other fit person as the c.qse may be, under whose care the ( hild has been plaud, the t< rms and conditions of the order and shall fo rthwith foroish one copy of the super vision order to the child, the pa1 ent. guardian or other fit person, as the case may be, the sureties, if any, under Probation O fficer .
(4) In determining the Special School, or any person to whose custody a child is to be committed or entrusted und er this Act, the court sh all pay due reg ard to the religious denominatian of the child to ensure that rel igious instruction contrary to 1 he rdigious persuasion Qf the; child is not Imparted to him .
• - 76 Orders that 22. (1) Notwithstanding anythiilg to the contra• may not be ry contained in any other Jaw for the time being paas~edt d 1. in force, no delinquent child shall be sentenced gains e in- d h . · · d · quent chi!- to eat or 1mpr1sonment, or comm1tte to prison dren. in default of payment of fine or in default of furnishing :security:
Provider! that where a child who has attained the age of fourteen years has committed an offence and the Children's Court is satisfied that the offence committee! is of so serious a nature or that his conduct and behaviour have been such that it would not be in his interest or in tni:: interest of other children in a Special School to send him to such Special School and that none of the other m easures provicled under this Act is suitable or sufficient, the Children's Court may order the delinquent child to be kept in safe custody in such place and manller as it thinks fit and shall report the case for the orders of the State Government.
(2) On receipt of the report from Children's Court under sub-section (1) the State Government may make such arrangement in respect of the child as it deems proper and may order such delinquent child to be de tained at such place and on such conditions as it thinks fit:
Provided that the period of detention so ordered shall not exceed the maximum period of imprison ment to which the child could have been sentenced for the offence committed. · Proceeding 23. Notwithstanding anything to the contrary conunder Chap. tained in the Code of Criminal · Procedure, 1898 5 of 1898 ter VIII of d' h ll b · • d d d the Criminal no procee mg s a e mst1tute an no or er Procedure shall be Passed against a child un ~er Chapter VIII of Code not Criminal Procedure Code, 1898, by the said court.
competent against child.
NoJom ttrial 24.(1) Notwithstanding anything contained in secofchiid and tion 239 of the Code of Crim:nal Procedure, 1898, 5of1898 pe~son not a or any other Jaw for th r time being in force, child. no child shall be charged with or tried for any offence together with person who is not a child.
(2) If a child is accused of an offence for which under section 239 of the Code of Criminal Procedure, 1898, or any other law for the time being 5 of 1898 in force , such child and any person who is not a child would . but for the prohibition contained in sub- !lection (1), have been charged and rited together, the court taking cognisance of that offence shall direct separate trials of the child and the other person.
.. ....
77 ~emov~I of 25. Notwithstanding anything contained in any d:1squahfica- other law, a child who has q,ommitted ·an offence and tlon atta- h b d ] · l d h · · f h' A ching to con• as een ea t -:v1t 1 ~n e~ t ~ prov1s10ns o ! is ct viction. shall not suffer d1squahficat10n, 1f any, attachmg to a conviction of an offence under such 1aw.
Sp~ci:.~ pro- 26. Notwithstanding anything contained in this vision 1 m res· Act, all proceedings in respect of a child pending in pect o pen· . h d h · h h · " ding eases. any court 10 any area on t e ate on w 1c t is .~ct 1omes in to force in that area, shall be continued in that court as if this Act had not been passed and if the court finds that the child has committed an offence, it shall record such finding and, instead of passing any sentence in respect of the .:hild, forward the child to the Children's Court, which shall pass or:lers in res· pect of that child in accordance with the provisions of this Act as if it had been satisfied _on inquiry under this Act that the child has committed the offence.
CHAPTER V PROCEDURE OF COMPETENT AUTHORI TIES GENERALLY ANV APPEALS AND REVISION FR0\1 ORDERS OF SUCH COURTS <;!' • • of~~~~~,~~d 27 .( l) A Board or Children's Court shall hold its Children's sittings at such place on such day and in such manner, · Court. as may be prescribed.
(2) A Magistrate empowered to exercise the powers of a Board or, as the case may be, a Children's Court under sub-section (2) of section 7 shall, while holding any inquiry regarding a child under this Act, as far as practicable, sit in a building or roDm different from that in which the ordinary sittings of civil and criminal courts are held, or on different days or at times different from those at which the ordinary sittings of such courts are held.
Persons who 28.( l) Save as provided may b~ pre- shall ht: present at any sent oefore authority e:,ceptcompetent ' in this Act, no person sitting of a competent authority.
(a) any officer of the competent authority, or (b) the parties to the inquiry before the competent authority, the parent or guardian of the child and other persons directly concerned in the inquiry includ ing police _officers, and ·, 78
(c) such other persons as the competent authority may permit to be present.
(2) Notwithstanding anything contained in sub section (1), if at any stage during an inquiry, a competent authority considers it to be expedient in the interest of the child or on grounds of decency or morality tha~ any person including the Police Officers, legal practitioners, the parent, guardian or the child himself should withdraw, the competent authority may give such directirm, and if any person refuses to comply with such direction, the competent authority may have him removea ai1d may, for this purpose, cause to be used such force as may be n.-;cessary.
(3) No legal practitioner shall be entitled to appear before a competent authority in any case or pro ceeding before it, except with the special per· mission of tha~ authority.
Attendance 29. Any competent authority before which a child of padr~nt orf is brought under any of the provisions of this Act guar 1an o . h' k .
child. may, whenever 1t so t in s fit, r eqmre any parent Dispensing with atten dance of child.
or guardian having the actual charge of, or con trol over, the child to be present at any proceed ings in respect of the child.
30. If, at any stage during the course of an inquiry, a competent authority is satisfied that the attendance of the child is not essential for the purpose of the iuqu'iry, the competent authority may dispense with his attendance and proceed with the inquiry in the absence of the child.
Committal 31.(1) When a child who has been brought to approved before a competent authority under this l\.ct is place of f d b tr · f d' · · child suffer- oun to e suuenng rom a 1sease req uirmg proing from longed medical ueatmen1. or physical or mental d'.lngerous complaint that will respond to treatment, the com ~hseasfie and petent authority may send the child to any place its uture . d 1 · disposal. recogmsed to be an approve p ace in accordance with the rules made under this Act for such period as it may think necessary for the required treat ment.
(2) Where a chil:l is found to be suffering from leprosy or is of unsound mind , he shall be dealt with under the provisions of the Lepers Act, 1898 3 of iurn or the Indian Lunacy Act, 1912 as the case may be. 4 of 1'112
(3) Where a competent authority has taken action under sub-section (1) in the: case of a child suffering from an infectious or contagious disease, the com petent aw hority before restoring the said child to -n his partner in marriage, if there has been such, or to the guard ian, as the case may be shall where it is satisfied that such action will be in the interest of the said child call upon his partner in marriage or the guardian, as the case may be, to satisfy the court by sub mitting w medical examination that such partner or guardian will not re-infect the child in respect of whom the order has been passed.
Presumption 32.(1) Where it appears to a competent autho ai:id d_eter- rity that a person brought before it under any of the :;n~ation of provisions of this Act (otherwise than for the purpose g • of giving evidence) is a child, the competent autho rity shall make due inquiry as to the age of that person and for that purpose shall take such evidence as may be necessary and shall record a finding ., whether the pers1in 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 r espect 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.
Circumstan- 33. In making any order in respect of a child ces to be under this Act a competent authority shall take taken. into into consideration the following circumstances, consideration in ma- namely:- king orders under th e Act.
(a) the age of the child J
(b) the circumstances m living ;
which the child is
(c) the reports officers ; · made by the probation
(d) the religious persuasion of the child;
(e) such other circumstances as may, in the opinion of the competent authority require to be taken into consideration in the interests of the child:
Provided that in the case of a delinquent child, the above circumstances shall be taken into con sideration after the Children's Court has recorded a finding against the child that he has committed the offence:
80
Provided further that if no report of the probation officer is received within ten weeks of his being informed lmder section -19, it shall be open to the Children's Court to proc~ed without it.
Se~ding a 34.. In the case of a neglected or delinquent child c~dild . o•~t- whose ordinary place of residence lies outside the Sl C JUrlS- • • • • • diction. JUr1sd1ction of the competent authority before which he is brought, the competent authority may, if satisfied after due -inquiry that it is expedient so to do, send the child back to a relative or other persons who is fit and willing to receive him at his ordinary place of residence and exercise proper care and control over him, notwithstanding that such place of residence is outside the j urisdic tion of the competent authority; and the competent authority exercising jurisdiction over the place to which the child is sent shall in respect of any matter arising subsequ~ntly have the same power in relation to the child as if the original order has heen j passed by itself.
Reports to 3!>. The report of the probation officer or any ue treat~d circumstances· considered by the competent authority ~~nti~l~n - under section 33 shall be treated as confidential :
Provided that the competent authority may, if it so thinks fit, communicate the substance thereof to the child or his parent or guardian and may give such child, parent or guardian an opportunity of producing such evidence as may be relevant to the matter stated in the report.
Prohibition . 36.(1) No report in any newspaper, magazine or o_f publica- news, sheet of any inquiry regarding a child under uon of this Act shall disclose the name, address or school or ~rcli~iJ:~~ any other particulars calculated to lead to the identi involved in fication of the child, nor shall any picture of any any procee· such child be published:
ding under the Act. Provided that for reasons t() be recorded in writing Appeals.
the authority holding the inquiry may permit, such disclosure. if in its opinion such disclosure is in the interest of the child.
{2) Any person contravening the provisions of subasection (1) shall be punishable with fine which may extend to one thousand rupees.
37. (I) Subject to the provisions of this section, any person aggrieved by an order made by a compe tent authority under this Act may, within thirty days from the date of such order, prefer an appeal to the Court of Session :
81
Provided that the Court of Session may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the -appellant was prevented by sufficient cause from filing the appeal in time.
(2) No appeal shall lie from-
(a) any order of acquittal made by the Children's Court in respect of a child alleged to have committed an offence; or
(b) any order made by a Board in respect of a finding that a person is not a neglected child.
(3) No second appeal shall lie from any order of the Court of Session passed in appeal under this section.
Revision. 38. The High Court may, at any time either on its own motion or on an application received in this behalf, call for the record of any proceeding in which any competent authority or Court of Session has passed an order for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it thinks fit :
Provided that the High Court shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.
Procedure 39. (1) Save as otherwise expressly provided by in inquiries, this Act, a competent authority while holding any app.~ls and inquiry under any of the provisions of this Act, shall revd!on pro- follow such procedure as may be prescribed and subject cee ings. thereto, shall foUow, as far as may be, the procedure Power to amend orders.
laid down in the Code of Criminal Procedure, 1898, 5 of 1898, for trials in summons cases.
(2) Save as otherwise expressly provided by or under this Act, the procedure to be followed in hearing appeals or revision proceedings under this Act shall be, as far as practicable, in accordance with the provi- 5 of 1898, sions of the Code of Criminal Procedure, 1898.
40. (I) Without prejudice to the prov!Slons for appeal and revision under this Act, any competent authority may, either on its own motion or on an application received in this behalf, amend any order as to the institution to which a child is to be sent or as to the person under whose care or supervision a child is to be placed under this Act.
82
(2) Clerical mi<1take in order passed by a compe· tent authority or errors arising therein from any zccidental slip or ommission may, at any time, be corrected by the competent authority either on its own motion or on a11 applicatiori received on Lhis behalf:
CHAPTER VI SPECIAL OFFENCES IN RESPECT OF CHILDREN Punishment 41. (1) Whoever, having the actual charge of, or r~~ c~~ffd:' control over, a child, ass'tults, abandons, exposes or wilfully neglects the child or cause or procure~ him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such child un necessary mental and physical suftering shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
\2) No court shall take , cognisance of an offence punishable under sub-section (1) unless the complaint is filed with the previous sanction of the State Gov vernment or an Officer authorised hy the State Government in his behalf.
Emplo7ment 42.(1) Whoever employ or uses any child for the of chil~reu ourposes of begging or causes any child to beg shall for begging. ,b . h bl . h . . c- h' h e pums a e wit imprisonment 1or a term w 1c may extend to one year, or with fine, or with both.
(2) Whoever, having the actual charge of, or control over a child, abets the commission of the offence punishable under sub-section (1) shall be punishable with imprisonment for a term which may extend to one year, or with fine or with both.
(3) The offence punishable under this section shall be cognizable.
P~D;alty for 43. Whoever gives, or causes to be given to giv~ngt' m- any child any intoxicating liquor in a public place tox1ca mg f liquor or or any dangerous drug, except upon the order o a dangerous . duly qualified medical practitioner or in case of dr~g to a sickness or other urgent cause, shall be punishable child. with fine which may eK1iend to two hundred rupees.
Exploitation 44. Whoever ostensibly procures a child for the of c hi l d purpose of any employment and withholds the earnings employees. of the child or uses such earnings for his own pur· poses shall be punishable with fine which may ex tend to one thousand rupees.
~ .
83
CHAPTER VII MISCELLANEOUS p 0 we r 45.(Ij The State Government may, notwithof St ate standing anything contained in this Act, at any time, Gov~rnment order a neglected or delinquent child to be dis· todditschar?e charged from the Children's Home or Special School, an rans1er . 1 . h d" · h children. · either abso ute1y or on sue con 1t10ns as e may think fit to imp ose.
(2) The State Government may, notwithstanding anything contained in this Act, order-
(a) a neglected child to be transferred from one Children's H ome to another;
(b) a delinquent child to be transferred from one Special School to another or from a Special School to a Borstal School where such school exists or from a Special School to a Children's Home ;
(c) a child who ha, been released on licence which has bt>en revoked or forfeited, to be 5ent to the Special School or Children's Home from which he was released or to any other Children's Home or Special School or Borstal School :
Provided that the total period of the stay of the child in a Children's Home or a Special School shall not be increased by such transfer.
(3) The State Government may, notwithstanding anything contained in this Act, at any time, dis charge a child from the care of any person under whom he was placed under this Act either abso lutely or on such conditions as the State Govern ment may think fit to impose.
T ~ b 46.(l) The State Government may direct any neglec t~~~1~ c~~hil-· ted chilJ or delinquent child to be transfened from dren's Homesany Children's Home or Special School within the State etc., , under to any other Children'5 Home, Special School or tche.
1 Adct ~nd Institution of a like nature in any other State with the m ren s . f h G S Homes, etc., consent o t e overnment of that tate.
of like nature in different part of India.
(2) The State Government may, by general or special order, provide for the reception in a Children's Home or Special School within the State of a neglect ed child or delinquent child detained in a Children's 84 Home or Special School or institution of a like nature in any other State where the Government of that State makes an order for such transfer and 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 Chil dren's Home or Special School under this Act.
47. (I) Where it appears to the State Government Transfer of that any child kept in a Special School or Children's children of Home in pursuance of this Act is suffering from unsound mind or leprosy or is of unsound mind, the State Government suffering may order his removal to a leper asylum or mental from lepro• hospital or other place of safe custody for being kept sy. there for the remainder of the term for which he has to be kept in custody under the orders of the compe tent authority or for such further period as may be certified by a medical officer to be necessary for tbe proper treatment of the child.
(2) Where it appears to the State Government that the child is cured of leprosy or of unsoundness of mind, he may, if the child is still liable to be kept in custody, order the person having charged of the child to send him to tbe Special School or Children's Home from which he was removed or, if the child is no longer lia ble to be kept in custody order him to be discharged.
Placing out 48. ( 1) When a child ii. kept in a Children's Home on Iicen•e. or Special School, the State Government may, if he so thinks fit, release the child from the Children's Home or Special School and grant him a written licence for such period and on such C'Onditions M 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) Any licence so grant eel 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.
(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 or Special School from which he was released or to any other Children's Home or Special School, and shall do so at the desire of the person with whom or under whose supervision the child ha& been permitted to live in accordance with a licence granted under sub-section (I).
(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 to which he was directed so 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.
(5) T he time during which a child is absent from
111. Special School or Uhildren's Home in Pursuance of a licence granted under this section shall be deemed to be part of the time fot which he is liable to be kept iu custody in the Special School or Children's Home :
Provided that when a child has failed to return to the Special School or Children's Home on the licence being revoked or forfeited, · the time which elapses after hb failure s•J to return shall be excluded in i:omputing the time during which he is liable to be kept in custody .
Provision in 49. Notwi thstanding anythiq to the contrary con respect oftained in any other law for the time being in force, esc;aped any police officer may take charge without warrant chil~ren. of a child who has escaped from a Special School or Contribution by parents.
a Child ren 's Home or from the care of a person under whom he was placc>d under i:his Act and shall send the child back to the Special School or the Children's Home or chat 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 or the person may, after giving the information to the competent authority whicn passed '. he ord er in respect of the child, take such steps against rhe child as may be de~med necessary.