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Section 35

The West Bengal Children Act, 1959State Act of West Bengal · Act 30 of 1959

(1) The Court, which makes an order for sending a juvenile delinquent or other child to a reformatory, industrial or borstal school or for placing a juvenile delinquent or other child under the care of a fit person other than a parent or guardian may order the parent or the guardian who is responsible for the maintenance of such juvenile delinquent or child to pay such sum to such person or such authority as it may direct for his maintenance.

The West Bengal Children Act, 1959. 13 XXX of 1959.]

(Chapter V .—litaintenance and treatment of children in reformatory, industrial or borstal schools or under custody.—Section 36.)

(2) The Court, before making any order under sub-section

(1), shall inquire into the circumstances of the parent or guardian in his presence, or when his personal attendance is dispensed with, in the presence of his pleader or agent.

(3) Where an order for the maintenance of a juvenile delinquent or other child has been made under section 488 of Aot V of the Code of Criminal Procedure, 1898, the Court shall not 1898.

make an order under sub-section (1) but may order the whole or any part of the sums accruing due under the said order for maintenance to be paid to such person or such authority as it may direct and such sums shall be applied by him or it towards the maintenance of the juvenile delinquent or other child.

'(4) An order made under this section may be enforced in the same manner as an order under section 488 of the Code Of Criminal Procedure, 1898.

Explanation.—The parent or guardian of a juvenile delinquent or other child shall, for the purposes of this section include, in the case of illegitimacy, his putative father.

36. {1) When a juvenile delinquent or other child is kept in a reformatory, industrial or borstal school, the State Government may, if it thinks fit, order that he be released from such school on such conditions as may be specified in the order and permit him to live with, or under the supervision of, any responsible person, named in the order willing to take charge of him with a view to training him for some useful trade or calling.

(2) An order under sub-section (1) shall be in force for the period specified therein or until it is revoked.

(3) The State Government may, at any time, revoke an order made under sub-section (1) and direct the juvenile delinquent or other child to return to his school:

Provided that where a juvenile delinquent or other child, who was released from a reformatory school has already attained the age of fourteen years, he shall, on such revocation of the order under sub-section (1) be directed to be sent to a borstal school or an industrial school, as the case may be.

(4) When an order has been revoked and the juvenile delinquent or other child refuses or fails to return to the school to which he is directed under sub-section (3) to return, the State Government may cause him to be arrested and taken back to the school.

(5) The period during which a juvenile delinquent or other child is allowed to stay out as aforesaid shall be deemed to be part of the period of his stay in the school.

Placing out juvenile delinquent or other child.

/Permission to a juvenile delinquent or other child to live temporarily with his parent or guardian.

-.14 , The West Bengal Children Act, 1959.

[West Ben. Act (Chapter V .—ilfaintenance and treatment of children in reformatory, industrial or borstal schools or under custody.—Sections 37, 38.)

Where this provision sits

ActThe West Bengal Children Act, 1959
Section35
JurisdictionState of West Bengal
StatusIn force as published by the source

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