(2) The court which makes an order for the de- arent:
tention of a child or youthful offender in a certified school or for the committal of a Child or youthful offender to the care of a relative or other fit person may make an order to the parent or other person liable to maintain the child or youthful offender, to contribute to his maintenance, if able to do so in the prescribed manner.
482 CHILDREN [1949 ; East pp, Act 7 The court before making any order scctig> ("shall enquire ae the circumsta C29 of ' Parent or other person liable to wuntain the onthe offender or child and shall record the evidence ; an hf the presence of the parent or such other PCTSOn ag the? ih may be or, when his personal attendance is dispen with, in the presence of his pleader, S 3) Any order made under this Section ma timete fine be varied by the court. Hon
(4) The persons liable to maintain a child or youth Offender shall for the purpose of sub-section 6) includ, in the case of illegitimacy his putative father ‘
Provided that where the child or youthful illegitimate and an order for his maintena made under section 488 of the Code, the c ordinarily make an order for Offender Ig Nee has be applied by him or them, as the case may be, t maintenance of the child or youthful offende
(5) Any order under this section may be enforced in the same manner as an _ order under section 488 of the Code.
Boarding out of children, _ 39. The Managers of a certified school to which a child under the age of Of eight years is sent may, with . the consent of the Chief | 1 Ospector, board the child out with any suitable person until the child ector, as the Managers consider to interest of the child subject to the exercise by the Managers of such powers as to supervision, call, as may be prescribed : and where « child is so boarded out he shall nevertheless be deemé for the purposes of this Act to be a child detained iv school, anJ the Provisions of this Act shall apply acco!
ingly, subject to such necessary adaptations as may made by the Central Government]. » | ‘Substituted for the -panisatio® Words “State Go 2 Punjab Reorgan:
Chand . vernment” by the Punj ubje oa oen Adaptation of Laws on State and Concurrent 5 149 : Hast Pb. Act XXXIX.] cutpReEn 483
40. (J) Where a child or youthful offender is de- tained in a certified school, the Managers of the school | may, at any time with the consent of the Chief Inspector by licence, permit the child or youthful offender on the conditions prescribed in this behalf to live with any trustworthy and respectable person named in the licence willing to receive and take charge of him with a view to educate him or train him for some useful trade or calling.
(2) Subject to the prescribed conditions the Chief Inspector may, on the recommendation of the visitors or Managers of a certified school, at any time after the expiration of six months from the commencement of the detention of a youthful offender in a certified school, and if satisfied that there is a reasonable probability that the youthful offender will abstain from crime and lead a useful and industrious life, release such offender from the school and grant him a written licence in the prescribed form and on the prescribed conditions, permitting him to live under the supervision and authority of such responsible person or society approved by the Chief Inspector as may be willing to take charge of the offender.
(3) Any licence granted under sub-section (/) or
(2) shall be in force until revoked or forfeited by the breach of any of the conditions on which it was granted.
(4) The Managers of the school or the Chief Inspector, as the case may be, may at any time by order in writing tevoke any such licence, and order the child or youthful offender to return to the school and shall do so at the desire of the person or society with whom or under whose supervision the child or youthful offender is licensed to live. If the child or youthful offender refuses orfails to return to the school, the Managers of the school or the Chief Inspector, as the case may be may, if necessary, arrest or cause to be arrested, the child or youthful offender and take him or cause him to be taken back to the School, Placing out on icence.
484 CHILDREN [1949 : East Ph. Act xX Xyy hen a licence has been revoked or for: the 9) Wi youthful offender refuses or fails to ated ang the school, the court may, if Satisfied by informatie ty oath or solemn affirmation that there 18 Teasonable On oy for believing that his parent or guardian Could st the child or youthful offender, issue a summon " the parent or guardian to attend at the court on such a as may be specified in the summons and to Produce ; child or youthful offender, and, if he fails to do SO, With be reasonable excuse, he shall, In addition to any othe; i bility to which he may be subject under the Provisions this Act, be punished with a fine which may extend bs fifty rupees. |
(6) Where a parent or guardian is directed to 4 fine under this section the amount may be recovered in accordance with the provisions of the Code.
(7) The time during which a child or youthful offender is absent from a certified school in pursuance of a licence under this section shall be deemed to be part of the time of his detention in the school :
Provided that, where a child or youthful offender has failed to return to the school on the licence being revoked or forfeited, the time which elapsed after his failure so to return shall be excluded jn computing the time during which he is to be detained in the school.
Penalty forabetting 41. Whoever— escape of youthful offender orchild. |
(a) knowingly assists or induces, directly or. " directly, a child or youthful offender detaine in or placed out on licence from a cettife school to escape from the school or from a” person with whom he is placed out on eae _ Or any child or youthful offender to ae from the person to whose care he is commi under the’ provisions of this Act ;
. pts
(5) knowingly, harbours, conceals, of prove from returning to school or to any pers whos? Whom he is placed out on licence of 1949 : East Pb. Act XXXIX,] CHILDREN 485 S Act, a child or €r, who has so escaped, or ts in so doing :
care he is committed y d i youthful offend ho has knowingly assis tion for a term which may extend to two months or with one nen may extend to two hundred rupees, or with oth.
_ 42. The Period for which a child or youthful Offender periog of detention is to be detained in a certified school shall be specified in the order in pursuance of which he is sent there and shall be such period not being less than two years in the case of a youthful offender who at the date of the order is over the age of fifteen years and three years in the case of other youthful offenders as to the court may seem proper for his teaching and training but not in any case extending beyond the time when he will, in the opinion of the court, attain the age of eighteen years.