(1) Subject to the prescribed conditions the Chief Inspector, may at any time after the expiration of six months from the commencement of the detention of a child in a children‟s home; certified school or fit person institution, on the recommendations of the visitors or manager of such home, school or institution or on application by a parent, other relation or guardian, reinforced by such inquiry as may be prescribed, release such child from the home, school or institution 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 a responsible person or society willing to take charge of the child and approved by the Chief Inspector.
(2) Any licence granted under sub-section (1) shall be in force until revoked under sub-section (3) or forfeited by the breach of any of the conditions on which it was granted.
(3) The Chief Inspector may at any time by order in writing revoke any licence and order the child to return to the children‟s home, certified school or fit person institution and shall do so at the desire of the person or society with whom or under whose supervision, he is licenced to live, if the child refuses or fails to return to the home, school or fit person institution, the Chief Inspector may, if, he thinks fit in the interest of the child so to do, direct by an order the arrest of the child and cause him to be placed before a competent authority or taken back to home, school or fit person institution.
(4) When a licence has been revoked or forfeited the child refusing or failing to return to the home, school or fit person institution, has not been arrested and placed before the competent authority under the provisions of sub-section
(3), the competent authority may If satisfied by information on oath or solemn affirmation that there is reasonable ground for believing that his parent or guardian could Placing out on licence.
36 [Act No.26 of 1979] produce the child, issue summons requiring the parent or guardian to attend the competent authority on such day as may be specified in the summons and to produce the child and if he fails to do so without reasonable excuse, he shall, in addition to any other liability to which he may be subject to under the provisions of this Act, on conviction, be punished with fine which may extend to one hundred rupees.
(5) Where a parent or guardian is directed to pay a fine under this section, the amount may be recovered in accordance with the provisions of tho Code of Criminal Procedure, 1973.
(6) The time during which a child is absent from a children‟s home, certified school or fit person institution, in pursuance of a licence granted under this section shall be deemed to be part of the time of his detention in the home, school or institution:
Provided that where a child has failed to return to the school or institution on the licence being revoked or forfeited the time which lapses after his failure so to return shall be excluded in computing the time during which he is to be detained in the home, school or institution.
72. Notwithstanding anything to the contrary in any law for the time being in force, any police officer may arrest without a warrant a child who has escaped from a children‟s home, certified school or a fit person institution or from the supervision of a society or a person under whose supervision he was directed to remain and shall send the child back to the home, school, institution, society or the person without registering any offence or prosecuting the child and the said child shall not be deemed to have committed any offence by reason of such escape, but he shall be dealt with by the authorities of the home, school, Central Act 2 of 1974.
Action by police regarding escaped children.
[Act No.26 of 1979] 37 institution or society or the person concerned in such manner as they think fit, provided such authorities or person shall at the same time inform the action taken to the competent authority from which the child was originally sent.
CHAPTER IX AFTER CARE ORGANISATIONS.
73. The Government may, in the manner prescribed, provide,–
(a) for the establishment or recognition of after care organisations and the powers that may be exercised by them for effectively carrying out their functions under this Act;
(b) for a scheme of after-care programme to be followed by such after-care organisations for the purpose of taking care of children after they leave children‟s homes, certified school or fit person institution and for the purpose of enabling them to lead an honest, industrious and useful life;
(c) for the preparation and submission of a report by the probation officer in respect of each child prior to his discharge from a children‟s home, certified school or fit person institution as the case may be, regarding the necessity and nature of after-care of such child, the period of such after-care, supervision thereof and for the submission of a report by the probation officer on the progress of each such child;
(d) for the standards and the nature of services to be maintained by such after-care organisation;
(e) for such other matters as may be necessary for the purpose of effectively carrying out the scheme of after-care programme of children.
Establishment and functions of after care organisations.
38 [Act No.26 of 1979]
CHAPTER X Appeals And Revision.