(1) The State Government or any authority to which the State Government may delegate its powers in this behalf, may, on the recommendation of the managers of the school, permit a juvenile delinquent or other child sent to a reformatory, industrial or borstal school to live under the charge of his parent or guardian for any period not exceeding thirty days at a time excluding the time required for journeys and the days of departure from, and the arrival at, the school:
Provided that such permission shall not be granted, unless—
(i) the juvenile delinquent or other child has completed at least two years of stay in a reformatory, industrial or borstal school and his conduct has been in the opinion of the managers of the school uniformly satisfactory;
(ii) the parent or guardian of such juvenile delinquent or other child executes a bond with or without sureties as the managers of the school may require, for the return of the juvenile delinquent or other child to the school on the expiry of the period for which he is permitted to live under the charge of such parent or guardian as the case may be ; and
(iii) in the case of a second or subsequent permission, not less than one year has elapsed from the date of the expiry of the previous permission.
Useaped children.
(2) A juvenile delinquent or other child, who is permitted to live under the charge of his parent or guardian under subsection (1) shall return on the due date to the school.
(3) The period during which a juvenile delinquent or other child is permitted to live under the charge of his parent or guardian under sub-section (1), shall be deemed to be part of the period of his stay in the school, provided that he returns to the school on the clue date and his conduct has been found to be satisfactory during the period for which he was permitted so to live.
(4) Notwithstanding anything to the contrary in any law for the time being in force, any police officer not below the rank of an Assistant Sub-Inspector may without warrant take charge of a juvenile delinquent or other child, who fails to return to a reformatory, industrial or borstal school, as the case may be, after the expiry of the period for which he has been permitted under sub-section (1) to live under the charge of his parent or guardian and take him back to the school.
38,. Notwithstanding anything to the contrary contained in any law for the time being in force, any police officer may, without warrant, take charge of a The West Bengal Children Act, 1959. 15 XXX of 1959.]
(Chapter V .—Maintenance and treatment of children in reformatory, industrial or borstal schools or under custody.—Section
39. Chapter VI .—Miscellaneous.— Section 40.)
juvenile delinquent or other child, who has escaped from a reception home, reformatory, industrial or borstal school or from the custody of a person under whom he was placed by an order under this Act, and shall send him back to that home, school or person, as the case may be, and no proceeding shall be instituted or offence registered in respect of the juvenile delinquent or other child for such escape, but the authorities of the home or school or the person may, after giving information to the Court which passed the orders in respect of the juvenile delinquent or other child, take, subject to any orders that the Court may pass, such steps against him as may be deemed necessary by such authority or person.