(1) Where it appears to the Government that any child detained in a children‟s home, certified school or fit person institution under any order of a competent authority is of unsound mind or a leper, the Government may, by an order setting for the grounds, of belief that the child is of unsound mind or a leper, order his removal to a mental hospital or leper asylum or other place of safe custody for being kept there for the remainder of the term for which he has to be detained under the orders of the competent authority 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 Government that the child is cured of unsoundness of mind or of leprosy, the Government may, if the child is still liable to be kept in custody by an order direct the person having charge of the child to send him back to the children‟s home, certified school or fit person institution from which he was removed, or if the child is no longer liable to be kept in custody order him to be discharged.
(3) Subject to the provisions of sub-section (2) the provisions of section 31 of the Indian Lunacy Act, 1912 or section 14 of 6[the Andhra Pradesh Leprosy Act, 1953] shall apply to every child confined in a mental hospital or leper asylum under sub-section (1) after the expiration of the period for which he was ordered to be detained; and the time during which a child is confined in a mental hospital or leper asylum under that sub-section, shall be reckoned as part of the period for which he may have been ordered by the competent authority to be detained:
Provided that where the removal of a child due to the unsoundness of mind or leprosy is immediately necessary, it shall be open to the authorities of the institution in which the
6. See foot note under section 20 ante.
Transfer of children of unsound mind or suffering from leprosy.
Central Act 4 of 1912.
42 [Act No.26 of 1979] child is detained to apply to a Court having jurisdiction under the Indian Lunacy Act, 1912 or the 7[Andhra Pradesh Leprosy Act, 1953] as the case may be for an immediate order of committal to a mental hospital or a leper asylum until such time as the orders of the Government can be obtained in the matter.
80. The Chief Inspector may, for reasons to be recorded in writing, direct any child or juvenile offender to be transferred from one children‟s home, certified school or fit person institution to another children‟s home, certified school or fit person institution:
Provided that the total period of detention of a child or a juvenile offender shall not be increased by such transfer.