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Section 48

The Haryana Children Act, 1974 (14 of 1974)State Act of Haryana · Act 14 of 1974

(1) The State Government may, notwithstanding anything con- Power of State tamed in this Act, at any time, order,— Government to discharge and transfer

(a) a neglected or delinquent child to be discharged from the children 's children.

home or special school, either absolutely or on such conditions as it may think fit to impose ;

(b) a delinquent child over the age of sixteen years to be transferred in the interest of discipline or for other special reasons to a Borstal Institution established under the Punjab Borstal Act, 1926 (Punjab Act 11 of 1926) :

Provided that the whole det ention of the delinquent child shall no t be increased by transfer.

(2) Upon the transfer of a delinquent child to a Borstal Institution, the provisions of the Punjab Borstal Act, 1926 (Punjab Act 11 of 1926), shall apply to such child as if he had been originally ordered to be detained in a Borstal Insti tution under that Act.

154 HARYANA GOVT GAZ. (EXTRA.), FEBRUARY 12, 1974 -N% (MAGHA 23, 1895 SAKA) M O S • . . . a i r .

(3) The Chief Child Welfare Officer may, notwithstanding anything contained in this Act, order —

(a) a neglected child to be transferred from one children's 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 ;

(c) a child who has been released on licence which has been revoked or forfeited, to be sent to the special school or children's home from which he was released or to any other children's home or Tecial school.

(4) 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 was placed under this Act either absolutely or on such conditions as the State Government may think fit to impose.

Transfer of children 49. (1) The State Government may direct any neglected child or deinto other States:and quern child to be transferred from any children's home, or special school within vice versa. the State to any other children's home, special school or institution of a like nature in any other State with the consent of the Government of that State.

(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 neglected child or delinquent child detained in a children's 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 children's home or special school under this Act.

Transfer of children 50. (1) Where it appears to the State Government that any child kept of unsound mind or in a special school or children's home is suffering from leprosy or is of unsound suffering from mind, the State Government may order his removal to a leper asylum or mental ieprosy.

11051)1141 or ( .11.11ta" paw Ul s i s i c Vi haUl tAy l u r uu n ig i imp t, t wa t ; 1 w Luc runutinuvr of the term or for such further period as may be certified by a medical officer to be necessary for the 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, it may, if the child is still liable to be kept in custody, order the person having charge of the child to send him to the special school or children's home from which he was removed or, if the child is no longer liable to be:_keptlin'custody, order him to be discharged.

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51. ThelManageriof a special school to which a child under the age of eight7yearsnsnent may, with the consent of the Chief Child Welfare Officer, board the_childibut:with any suitable person until the child reaches the age of ten years and:thereafter !for such longer period, with the consent of the Chief Child Welfare Officer, as the Manager considers to be advisable in the interest of the child subject to the exercise by the Manager of such powers as to supervision, recall and otherwise as may be prescribed ; and where a child is so boarded out he shall nevertheless be deemed for the purpose of this Act to be a child detained in the special school, and the provisions of this Act shall apply accordingly, subject to such necessary adaptations as may be made by the State Government.

Boarding out of children.

HARYANA GOVT GAZ. (EXTRA.), FEBRUARY 1974 155 (MAGi i k 23 , 1895 SAKA) Io n

Where this provision sits

ActThe Haryana Children Act, 1974 (14 of 1974)
Section48
JurisdictionState of Haryana
StatusIn force as published by the source

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