(1) 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 Darent, 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 hi1 parent or any other person :
Provided that no child while in such custody shall be married except with the permission of competent authority.
(2) The Statr, Governm~nt shall have tht> power under the Guardian and Wards Act, 1890 to be an ex-officio guardian within the meaning of that Act in respect of the children under bis care anr! shall have the right to apply to the competent court for administration of the property of the child . In case of a child without natural guardian the jurisdiction of State Government as guardian shall extend to the age of attaining majo rity in terms of the Guardian and \Vards Act.
~elinquent 52. In any area in which this Act is brought into chtld under- c h S n · going senten- 1orce, t e t ate ,,overnrnent may direct that a ce at the delinquent child who is undergoing any ~entence of commence- imprisonment at the commencement of this Act ment of theshall in lieu of undergoing such sentence, be sent Act. 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 hy a Children's Court to be sent to such Sppcfril Sch.ool or, as the case may be, ordered to be, ~etained uqder sub-section (2) of section 22. · · · ..
::
87 Appointment 53. (I) The State Government may a ppoint as ,,f Officers. many probation officers, officer, for the inspection of Special Schools, Children s Hornes, Observation Homes, or After-care Organisations and such other offic"rs as may deem necessary for carrying out the i:;urposes of this Act.
(2) It shall be the duty of the probation offic.::r-
(a) to inquire, in accordance with the direc tion 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 t:he inquiry ;
(b) to visit, neglected and delinquent child ren at such intervals as the probaLion 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 delinqmmt child is placed under the care of any person on certain conditions to see whether such condi tions are being complied with ; and
(f) to perform such other duties as may be prescribed.
(3) Any officer empowered in this behalf by the State Government may enter any Special School, Children's Home, Observation Home or After-care Organisation and make a complete inspec· tion thereof ia all its Departments and of all papers, registers aqd accounts relating thereto and shall submit the report of such inspection to the State Government.
Officer ap- 54. Probation officers and other officers poiated un- appointed in pursuance of this Act shall be deemed debcthe btct to be public servants within the meaning of section !~rvaii: ic 21 of the Indian Penal Code, 1860. 45 of 1860, Procedur 55. The provisions of Chapter XLH of the Code in respect of of Criminal Procedure, 1898, shall, as far as may be, 5 of 1898 bonds. apply to bonds taken under this Act. · Delegation of power.
88
56. The State Government, may, by general o.
special order, direct that any power exercisable by him under this Act shalJ., in such circumstances and under such conditions, if any, as may be specified in the ord~r, be exercisable also by an officer subordi nate to the State Government.
. f 57. No suit or other legal proceeding shall lie Protection o · h S G h · ffi.
a t • taken agamst t e tate overnment or any pro ation o cer c ion h ffi • d d h" ' in good faith.or ot er o cer appomte un er t 1s Act In respect of anything which is in good faith done or mtended to be done in pursuance of this Act or of any rules or orders made thereunder.
A t 8 f 1897 58 ( l) The Reformatory Schools Act, 1897 and 8 of 1897 ~d c~rtain section 29B and section 399 of the Code of Criminal provisions Procedure, 1898 shall cease to apply to any area in 5 of 1898 of Act 5 of which this Act has been brought into force.
1898 not to apply. l2) The Qrphanages and other Charitable Homes (Supervision and Control) Act, 1960, shall not apply to any Children's Home, Special School or Observation Home established and maintained under this Act.
Powert:i 59.(1) The Stat e Government may, by notification make rules. in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matter, namely:- (a-) tht: places at which, the days on which, the time at which and the manner in which, a competent :authority may hold its sittings;
(b)
(c) the procedure to be followed by a compe· tent authority in holding inquiries under this Act; and the · mode of dealing with children suffering from dangerous diseases or mental complaints;
the circtlillstances in which, and the condi tions subject to which an institution may be certified as a Special School or a Children's Hom1., or recognised as a11 Observation Home, and the certification or recognition withdrawn;
(cl) the internal management of Special Schools, Children's Home and Observation Homes;
10 of 1960 89
(e) the functions and responsibilities of Special Schools, Children's Home and Observa tion Homes;
(I ) the i:-.spection of Special Schools, Children's Homes, Observation Homes and After-care Organisations;
(g) the establishment,..management and functions of After-care Orgaaisations; the circum ~tances in which and the conditions sub ject to which, an institution may be re cognised as an After-care Organisatio!l;
(h) the qualifications and duties of probation officers;
;t) the recruitment and training of persons ap pointed to carry out the purposes of this Act ana 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;
~ll the conditions under which a child may be placed out on licence and the form and conditions of such licencei the conditions subject to which! children may be placed under the care of any parent, guardian or other fit person under this Act and the obligations of such persons towards the children so placed;
(n) any other matter which has to be, or may be prescribed.
(3) Every rule made under this section shall be laid as soen as may be after it is m ade, before the Assam Legislative Assembly while it ia in session for a total period of fourteen days which may be comprised 90 in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the sessions immediately following, the Assam Legisla· tive Assembly agree in making any modification in the rule or the Assam Legislative Assembly agree that th!!
rule should not be made, the rule sna!l be thereafter have effect only in such modified form or be of no effect as the case may be, so however, that any such modi fication or annulment shall be without prejudice to the validity of anything previcusly d,:me under that rule.
R 1 60.(1) Immediately before thedate on which this !!I ea Act comes into force in any area, there is in force in Savings. that area, any law corresponding to this Act that law shall stand repealed on the said date:
Provided that the repeal shall not affect- <a) the previous operation of any law so repealed or anything duly done or ~uffered thereun der; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or {c) any investigation, legal proceeding or remedy in respect of any such right, privilege, ebliga tion, liability, pena!ty, forfeiture or punish ment as aforesaid;
any penalty, forfeiture or punishment in res pect of any offence committed against any law so repealed; and any such investigation legal prnceeding or remedy may be instituted continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act has not been passed.
(2) With the coming into force of Assam Children Act, the Assam Borstill Institution Act will stand modified to the extent that it will apply to boys above th~ age of 16 years and girls above the age of 18 y-ean,