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Section 39

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

(1) The State Government may, at any time, order a juvenile delinquent or other child to be discharged from a reformatory, industrial or borstal school, either absolutely or on such conditions as the State Government may think fit to impose.

(2) The State Government may order—

(a) a juvenile delinquent or other child to be transferred from one reformatory school to another, or from one industrial school to another, or from one borstal school to another whether located within the State or not :

Provided that a juvenile delinquent or other child domiciled in the State shall not, in the absence of any special reasons, be transferred to a school outside the State;

b) a juvenile delinquent or other child, the order for whose release has been revoked, to be sent to the reformatory, industrial or borstal school from which he was released or to any other reformatory, industrial or borstal school, as the case may be, so, however, that no such juvenile delinquent or other child shall, if he has attained the age of fourteen years, be directed to be sent to a reformatory school.

CHAPTER VI.

Miscellaneous.

Discharge and transfer.

40. Whenever any person is brought before a Court to be dealt with under any of the provisions of this Act as a child the Court shall make due inquiry as to the age cf that person and also, for the purposes of section 41, as to his religious persuasion and shall, after taking such evidence Presumption and determination of age.

Penalty for cruelty to child.

Children 8,000M- paving mothers in prison.

16 The West Bengal Children Act, 1959.

[West Ben. Act (Chapter T7 1.—Misc,ellaneous.—Sections 41-45.)

as may be forthcoming, record a finding whether the person is a child or not and what his age is. The age so found by the Court shall, for the purpOses of this Act, be deemed to e the true age of such person.

41. No child shall, in pursuance of an order under this.

Act, be sent to or placed in charge of any person professing, or a certified school run by a person or persons belonging to,.

a religious persuasion different form that of the child.

42. If it appears to the Court, on the complaint of any person, that a child is being treated with cruelty or exposed.

to moral danger by, or within the knowledge of, or with the connivance of, the parent or guardian or that a child, being a girl, is exposed, within the knowledge of, or with the connivance of, her parent or guardian, to the risk of seduction or prostitution, the CoUrt may direct the parent or guardian to enter into a recognizance to exercise due care and supervision in respect of such child.

Where this provision sits

ActThe West Bengal Children Act, 1959
Section39
JurisdictionState of West Bengal
StatusIn force as published by the source

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