The Andhra Pradesh Children Act, 1979.

THE ANDHRA PRADESH CHILDREN ACT, 1979
ACT No. 26 OF 1979
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement.
2. Saving.
3. Definitions.
4. Continuance of proceedings against child on attaining specified age.
5. Certain provisions of the Code of Criminal Procedure,
1973, etc. not to apply.
6. Constitution of Child Welfare Boards.
7. Constitution of Juvenile Courts.
8. Procedure etc., in relation to Boards and Juvenile Courts.
9. Powers of Juvenile Courts and other Courts.
10. Procedure to be followed by the court of a magistrate not empowered
under this Act.
11. No joint trial of child and adult.
12. Procedure in inquiries and trials.
13. Sittings, etc., of Juvenile Courts or Boards.
14. Special provision in respect of pending cases.
15. Presence of persons in competent authority.
16. Withdrawal of persons.
17. Dispensing with attendance of child.
18. Withdrawal of persons from competent authority when child is examined
as witness.
19. Attendance of parent or guardian of the child charged with offence.
20. Child suffering from dangerous disease to be committed to approved
place.
21. Factors to be taken into consideration in making orders under this Act.
22. Report of Probation Officers and other reports to be treated as
confidential.
23. Prohibition of publication of names, etc., of children involved in the cases
of proceedings under the Act.
24. Establishment and certification of children’s homes and certified
schools.
25. Functions of children's home and certified schools.
26. Observation homes.
27. Recognition of fit person institutions.
28. Management of Children's Homes and Certified Schools.
29. Liabilities of managers.
30. Medical inspection of children’s homes, certified schools and fit person
institutions.
31. Inspection of Voluntary Homes.
32. Power of Government to withdraw certificate or prohibit admission.
33. Surrender of certificate by manager.
34. Effect of withdrawal or surrender of certificate.
35. Disposal of inmates on withdrawal or surrender.
36. Appointment of Chief Inspector, Inspectors etc.
37. Powers and functions of Inspectors, etc.
38. Delegation of powers of Government.
39. Appointment of Probation Officers.
40. Supervision and control of probation officers.
41. Production of neglected children before the Board.
42. Special procedure in case the neglected child has parent.
43. Inquiry by competent court regarding neglected child.
44. Power to commit neglected children to suitable custody.
45. Sending a child having place of residence outside jurisdiction.
46. Uncontrollable children.
47. Punishment for cruelty to children.
48. Penalty for being drunk while in charge of child, etc.
49. Penalty for giving intoxicating liquor or dangerous drug to child.
50. Seizure by police officer of any beedies, cigarettes, tobacco or smoking
mixture in possession of child.
51. Penalty for permitting child to enter place where, liquor or dangerous
drug is sold.
52. Inciting child to bet or borrow.
53. All owing or permitting child to be in brothel.
54. Exploitation of child employees.
55. Prohibition against causing children to take part in performances
endangering life or limb.
56. Penalty for abetting escape of child or juvenile offender.
57. Penalty for publication of report or pictures relating to
children.
58. Detention of victimised child in place of safety.
59. Victimised child to be sent to competent authority.
60. Employment of children for begging.
61. Offences under the Chapter cognizable.
62. Bail and custody of children arrested.
63. Information to parent or guardian or probation officer.
64. Inquiry by juvenile court regarding juvenile offenders.
65. Orders that may be passed regarding juvenile offenders.
66. Orders that may not be passed against juvenile offenders.
67. Proceedings under ChapterVIII of Criminal Procedure Code not
to apply against child.
68. Repatriation.
69. Contribution of parents.
70. Provision as to religious and Moral Instructions.
71. Placing out on licence.
72. Action by police regarding escaped children.
73. Establishment and functions of after care organizations.
74. Appeal.
75. Revision.
76. Procedure in appeals and revision proceedings.
77. Discharge and transfer.
78. Transfer between children’s homes, certified schools or institutions in the
State and the home, schools or institutions of like nature in other parts
of India.
79. Transfer of children of un-sound mind or suffering from leprosy.
80. Transfer from one institution to another.
81. Compensation for false and frivolous or vexatious information.
82. Presumption and determination of age.
83. Removal of disqualification attaching to convictions.
84. Power to amend orders.
85. Control of Custodian over child.
86. Bonds taken under the Act.
87. Chief Inspector, Probation Officers and Inspectors and persons
authorised to be deemed to be public servants.
88. Protection of action taken under this Act.
89. Power to make rules.
90. Repeal of Act IV of 1920, Act IX 1343 F. Act XXII of 1951.
91. Provisions of Andhra Pradesh Prevention of Begging Act, 1977 to cease to
apply to Children.
THE ANDHRA PRADESH CHILDREN ACT, 1979
ACT No. 26 OF 1979
     [9th October, 1979]
AN ACT TO CONSOLIDATE AND AMEND THE LAW FOR THE CARE,
PROTECTION, MAINTENANCE, WELFARE, TRAINING, EDUCATION AND
REHABILITATION OF NEGLECTED CHILDREN AND JUVENILE
OFFENDERS AND FOR THE TRIAL OF JUVENILE OFFENDERS IN THE
STATE OF ANDHRA PRADESH.
BE it enacted by the Legislature of the State of Andhra Pradesh in the
Thirtieth Year of the Republic of India is follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement - (1) This Act may be called the
Andhra Pradesh Children Act, 1979.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government may,
by notification published in the Andhra Pradesh Gazette, appoint.
2. Saving -The Government may, by notification, direct that all or any of the
provisions of this Act shall not apply to any class of children or juvenile
offenders in the whole of the State or in any particular area.
3. Definitions -In this Act, unless the context otherwise requires,–
(a) ‘adult’ means a person who is not a child;
(b) ‘begging’ shall have the same meaning as assigned to it in the
Andhra Pradesh Prevention of Begging Act, 1977;
(c) ‘Board’ means a Child Welfare Board constituted under section
6;
(d) ‘brothel’  ‘’prostitute’’,  ‘’prostitution’’  and  ‘’public place’’ shall
have the meanings respectively assigned to them in the
                   Suppression of Immoral Traffic in Women and Girls Act, 1956.
(e) ‘certified school’ means a certified school established by the
Government or any other school or institution declared by the
Government as a certified school, under section 24;
(f) ‘Chief Inspector’ means the Chief Inspector of certified
schools and children’s home appointed under section 36;
(g) ‘child’ means a boy who has not completed the age of sixteen
years or a girl who has not completed the age of eighteen years:
(h) ‘children’s home’   means   a   children’s   home established by
the Government or any institution declared by the Government as
a children’s home, under section 24;
(i) ‘competent authority’ means in relation to neglected child, a
Board constituted under section 6 and in relation to juvenile
offender a Juvenile court constituted under section 7 and where no
such Board or juvenile court has been constituted includes any
court empowered under sub-section (2) of section 9 to exercise the
powers conferred on a Board or a juvenile court.
(j) ‘competent court’ means a juvenile court constituted under
section 7 and where no such court has been constituted, includes
a court empowered under sub-section (2) of section 9 to exercise
the powers conferred on a juvenile court;
(k) ‘dangerous drug’  means  any  article  defined as dangerous
drug in the Dangerous Drugs Act, 1930 (Central Act 2,1930);
(l) ‘District Magistrate’ means the person exercising the powers of a
District Magistrate under the Code of Criminal Procedure, 1973
(Central Act 2,1974);
(m) ‘fit person institution’ in relation to the care of any child,
means any association or body of individuals, whether
incorporated or not, established for or having for its object, the
reception or protection of children or the prevention of cruelty to
children and which undertakes to bring up or to give facilities for
bringing up any child entrusted to its care in conformity with the
religion of child’s birth;
(n) ‘Government’ means the State Government;
(o) ‘Guardian’ in relation to a child or juvenile offender includes
any person who, in the opinion of the court having cognizance of
any proceeding in relation to the child or juvenile offender, has for
the time being, the actual charge of, or control over, the said child
or juvenile offender;
(p) ‘juvenile court’ means a court constituted under section 7;
(q) ‘juvenile offender’ means any child who has been found to have
committed an offence;
(r) ‘neglected child’ means a child who –
(i) is found without having any home or settled place of
abode or any ostensible means of subsistence or is found
destitute, whether he is an orphan or not; or
 (ii) has a parent or guardian who is unable or unfit to
exercise or does not exercise proper care and control over the
child; or
(iii) lives in a brothel or with a prostitute or frequently goes
to any place used for the purpose of prostitution, or is found
to associate with any prostistute or any other person who
leads an immoral, drunken or depraved life; or
(iv) is otherwise likely to fall into bad association or to be
exposed to moral dangers or to enter upon a life of crime; or
(v) is found begging;
(s) ‘notification’ means a notification published in the Andhra
Pradesh Gazette; and the word ‘notified’ shall be construed
accordingly;
(t) ‘observation home’    means    any    institution established,
recognised as such under section 26/19;
(u) ‘place of safety’ includes an observation home or any other
suitable place or institution (not being a police station or jail) the
occupier or manager of which is willing temporarily to receive a
child; and take care of child and which in the opinion of the
competent authority may be a place of safety for child;
(v) ‘prescribed’ means prescribed by rules made by the Government
under this Act.
(w) ‘probation officer’ means an officer appointed as a probation
officer under section 39 or under the Probation of Offenders Act,
1958;
(x) ‘supervision’ in relation to a child placed under the care of any
parent, guardian or other fit person institution under this Act
means the supervision of that child by a probation officer for the
purpose of ensuring that the child is properly looked after and that
the conditions imposed by the competent authority are complied
with;
(y) ‘voluntary home’ means any place for the reception of children
maintained wholly or partly by voluntary contributions.
4. Continuance of proceedings against child on attaining specified age -
For the purposes of this Act, a person shall be deemed to be a child, if at
the time of initiation of any proceedings against him under this Act, or at the
time of his arrest in connection with which any proceedings are initiated
against him under this Act, such person has not completed the age of sixteen
years in the case of a boy or eighteen years in the case of a girl:
Provided that, if during the course of the proceedings under this Act,
such person completes the age of sixteen years in the case of a boy or eighteen
years in the case of a girl, the proceedings already commenced shall be
continued and orders may be passed in respect of such person under this Act,
as if such person was a child notwithstanding anything to the contrary in this
Act.
5. Certain provisions of the Code of Criminal Procedure, 1973, etc. not to
apply -Section 27 of the Code of Criminal Procedure, 1973 and the provisions
of the Reformatory Schools Act, 1897 shall, upon the commencement of this
Act, cease to apply to this State.
CHAPTER II
POWERS AND FUNCTIONS OF BOARD AND COURTS HAVING
JURISDICTION UNDER THE ACT
6.  Constitution of child welfare Boards -(1) The Government may, by
notification, constitute for any area specified in the notification one or more
Child Welfare Boards for exercising the powers and discharging the duties
conferred or imposed on such Board in relation to neglected children under
this Act.
(2) The Board shall consist of a Chairman and such other members as
the Government may think fit to appoint of whom not less than one shall be a
woman and every such member shall be vested with the powers of a magistrate
under the Code of Criminal Procedure, 1973.
(3) No person shall be appointed as a member of the Board unless he
has, in the opinion of the Government, special knowledge of child psychology
and child welfare.
(4) The Board shall function as Bench of magistrates and shall have
the powers conferred by the Code of Criminal Procedure, 1973 on a
Metropolitan Magistrate or as the case may be, a Judicial Magistrate of First
Class.
7. Constitution of Juvenile Courts -(1) The Government may, by notification,
constitute one or more juvenile courts, for any area specified in the notification.
(2) A juvenile court shall be presided over by a single magistrate or by
such bench of magistrates consisting of two or more magistrates as the
Government may, after consultation with the High Court, think fit to appoint,
and where a bench is constituted one of the magistrates shall be designated as
the principal magistrate, and one atleast of them shall be a woman.
(3) A juvenile court, where it is presided over by a bench of
magistrates, may function even if one magistrate is present and no order made
by the bench shall be invalid by reason only of the absence of any magistrate
during any stage of the hearing of the proceeding.
(4) Every juvenile court shall be assisted by a panel of two honorary
social workers possessing such qualifications as may be prescribed, of whom at
least one shall be a woman and such panel shall be appointed by the
Government.
(5) No person shall be appointed to preside over a juvenile court
unless he is a magistrate of first class.
8.Procedure etc., in relation to Boards and Juvenile Courts -In the event
of any difference of opinion among the members of a Board or among the
magistrates constituting a bench, the opinion of the majority shall prevail but
where there is no such majority, the opinion of the Chairman or of the
principal magistrate, as the case may be, shall prevail.
9. Powers of juvenile Courts and other Courts -(1) Where a Board or a
juvenile court has been constituted for any area, such Board or court shall,
notwithstanding anything in any other law for the time being in force, but save
as otherwise provided in this Act, have power to deal exclusively with all
proceedings or to try all cases under this Act but shall not have power to try
any case in which an adult as charged with an offence under Chapter VI of this
Act:
Provided that a Board or a juvenile court may, if it is of opinion that it is
necessary so to do having regard to the circumstances of the case, transfer any
proceedings to any juvenile court or Board, as the case may be:
Provided further that where there is any difference of opinion between a
Board and a juvenile court regarding the transfer of any proceedings under the
first proviso, it shall be referred to the Chief Metropolitan Magistrate or, as the
case may be, the Chief Judicial Magistrate for decision and in a case where the
District Magistrate is functioning as a Board or a juvenile court, such
difference of opinion shall be referred to the court of Session, and the decision
of the Chief Metropolitan Magistrate or Chief Judicial Magistrate or, as the case
may be, the Court of Session on such reference shall be final.
(2) Where no Board or juvenile court has been constituted for any
area, the powers conferred on the Board or the juvenile court by or under this
Act shall be exercised in that area, only by the following, namely;
(a) the court of the District Magistrate; or
(b) the court of any Metropolitan Magistrate or Judicial
Magistrate of the first class, as the case may be.
(3) The powers conferred on the Board or the juvenile court by or
under this Act, may also be exercised by the High Court and the Court of
Session, when the proceeding comes before it in appeal, revision or otherwise.
10.Procedure to be followed by the court of a magistrate not empowered
under this Act -(1) When any court of a magistrate not empowered to exercise
the powers of a juvenile court under this Act, is of opinion that a person
brought before it is a child, it shall record such opinion and forward the child
and the record of the proceeding to the court having jurisdiction under this
Act, to deal with and dispose of the proceeding.
(2)    The court to which the proceeding is forwarded under sub-section
(1) shall hold the inquiry as if the child has originally been brought before it.
11. No joint trial of child and adult -(1) Notwithstanding anything in section
223 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), or any
other law for the time being in force, no child shall be charged with or tried for
any offence, other than an offence punishable either under section 302 or
section 304 or section 392 or section 395 or section 396 of the Indian Penal
Code, 1860 together with an adult.
(2)    If a child is accused of an offence for which under section 223 of the
Code of Criminal Procedure 1973, or any other law for the time being in force,
such child and the adult would, but for the provisions of sub-section (1), have
been charged and tried together, the Court taking cognizance of that offence
shall direct separate trials of the child and the adult.
12.Procedure in inquiries and trials -Save as otherwise expressly provided
by or under this Act, a competent court, while holding an inquiry into and in
the trial of cases and the conduct of proceedings under this Act, shall, subject
to such procedure as may be prescribed follow as far as may be the procedure
laid down for trials in summons cases in the Code of Criminal Procedure, 1973
(Central Act 2 of 1974).
13.Sittings, etc., of  Juvenile Courts or Boards –(1) A Board or juvenile
court shall hold its sittings at such places, on such days and in such manner
as may prescribed.
(2) In the enquiry into or trial of a case in which a child is charged with
an offence, the court of a magistrate empowered to exercise the powers of a
Board or, as the case may be, a juvenile court under section 9, shall, as far as
practicable, sit in a different building or room from that in which the ordinary
sittings of the court are held or on different days or at different times from
those at which the ordinary sittings of the court are held.
14. Special provision in respect of pending cases -Notwithstanding
anything in this Act, all proceedings in respect of a child pending in a court on
the date on which this Act comes into force shall be continued in that court, as
if this Act had not been passed and if such court finds that the child has
committed an offence, it shall record such finding and, instead of passing any
sentence in respect of the child forward the child to the competent court under
this Act, which shall pass orders in respect of that child, in accordance with
the provisions of this Act, as if it has been satisfied on enquiry under this Act
that the child has committed the offence.
15. Presence of persons in competent authority -(1) Save as otherwise
provided in this Act, no person shall be present in any sitting of a competent
authority, except-
(a) the members and officers of competent authority;
(b) the parties to the case before competent authority, the
parent or guardian of the child and other persons directly
concerned in the case, including the police officer and legal
practitioner; and
(c) such other persons as competent authority may permit to be
present.
(2) No legal practitioner shall be entitled to appear before a Board in
any case or proceeding before it, except with the special permission of that
Board.
16.Withdrawal of persons -If, at any stage, during the course of a trial of a
case or proceeding, a competent authority considers it expedient in the
interests of the child or on grounds of decency or morality, to direct any person
including the police officers, the parent, guardian or the child himself to
withdraw, the competent authority shall be entitled to give such direction and
thereupon such person shall withdraw. If any person refuses to withdraw, the
competent authority may have him removed and may for this purpose cause to
be used such force as may be necessary.
17. Dispensing with attendance of child -If at any stage during the course of
a trial of a case or proceeding, a competent authority is satisfied that the
attendance of a child is not essential for the purposes of the hearing of the case
or proceeding, the competent authority may dispense with his attendance and
proceed with the trial of the case or proceeding in the absence of the child.
18. Withdrawal of persons from competent authority when child is
examined as witness - If, at any stage during the course of a trial of a case or
proceeding in relation to an offence against, or any conduct contrary to,
decency or morality a child is examined as a witness the competent authority
trying the case or holding the proceeding may direct such persons as it thinks
fit, not being parties to the case or proceeding, the legal practitioners and the
officers concerned with the case or proceeding, to withdraw. Such persons shall
then withdraw. If any person refuses to withdraw, the competent authority may
have him removed and may for this purpose, cause to be used such force as
may be necessary.
19.Attendance of parent or guardian of the child charged with offence -
(1) Where a child brought before a competent authority under this Act has a
parent or guardian, such parent or guardian, may, in any case, and shall, if he
can be found and if he resides within a reasonable distance from the competent
authority, be required to attend the court unless the competent authority is
satisfied that it will be unreasonable to require his attendance.
(2) The parent or guardian whose attendance is required under this
section shall be the parent or guardian having the actual charge of or control
over the child:
Provided that if such parent or guardian is not the father, the attendance
of the father may also be required.
(3) The attendance of the parent of the child shall not be required
under this section in any case, where the child was, before the institution of
the proceedings removed from the custody or charge of his parent by an order
of a court.
20. Child suffering from dangerous disease to be committed to approved
place -(1) When a child brought before a competent authority under any of the
provisions of this Act, is found to be suffering, from a disease requiring
prolonged medical treatment or from a physical or mental desease that will
respond to the treatment, the competent authority may send the child to an
observation home or to any other place recognised in the manner prescribed, to
be an approved place, for such period as it may think necessary for the
required treatment.
(2)     Where a child is found to be suffering from leprosy or is of unsound
mind, he shall be dealt with under the provisions of the Andhra Pradesh
Leprosy Act, 1953 (Act IV of 1954), or the Indian Lunacy Act, 1912 (Central Act
4 of 1912),  as the case may be.
21. Factors to be taken into consideration in making orders under this
Act -For the purposes of any order, which a competent authority has to pass
under this Act, the competent authority shall have regard to the following
factors,–
(a) the character, religious persuation and age of the child;
(b) the circumstances in which the child is living;
(c) the reports, if any, made by the probation officer, under
section 63; and
(d) such other matters as may, in the opinion of the competent
authority, required to be taken into consideration in the interest of
the child:
Provided that in the case of a juvenile offender the above
factor shall be taken into consideration after the competent
authority has recorded a finding against such offender that he has
committed the offences:
Provided further that if no report of the probation officer is
received within three months of his being informed under section
63, it shall be open to the competent authority to proceed without
it.
22. Report of Probation Officers and other reports to be treated as
confidential -The report of the probation officer or any other matter
considered by the competent authority under section 21 shall be treated as
confidential:
Provided that, if such report or matter relates to the character, health or
conduct of, or the circumstances in which the child, the parent or the guardian
is living, the competent court may, if it thinks expedient, communicate the
substance thereof to the child and the parent or guardian concerned as the
case may be.
23. Prohibition of publication of names, etc; of children involved in the
cases of proceedings under the Act -No report in any newspaper, magazine,
or news sheet of any inquiry or investigation of any case or proceeding before
any competent authority in which a child is involved shall disclose the name,
address or school or any other particulars calculated to lead to the
identification of any such child, nor shall any picture of any such child be
published:
Provided that for reasons to be recorded in writing, the authority trying
the case or holding the proceeding may permit the disclosure of any such
report if in its opinion, such disclosure is in the interests of child’s welfare and
it is not likely to affect adversely the interests of the child concerned.
CHAPTER III
CHILDREN‟S HOMES, CERTIFIED SCHOOLS, OBSERVATION
HOMES AND OTHERS INSTITUTIONS
24. Establishment and certification of children’s homes and certified
schools -(1) The Government may establish and maintain as many children’s
homes as may be necessary for the reception of neglected children and as
many certified schools as may be necessary for the reception of juvenile
offenders.
(2)  Where the Government are of opinion that any institution not
established under sub-section (1) is fit for the reception of the neglected
children or juvenile offenders to be sent there under this Act, it may declare
such institution as children’s home or as the case may be, a certified school for
the purpose of this Act and issue a certificate to that effect.
25.Functions of children’s home and certified schools - Every children’s
home to which a neglected child, and every certified school to which a juvenile
offender is sent under this Act shall not only provide the child with
accommodation and maintenance, but also endeavour to provide the child with
facilities for education and developing his character and abilities and to give
him necessary training for his reformation and shall also perform such other
functions as may be prescribed.
26.Observation homes -(1) The Government may establish and maintain as
many observation homes as may be necessary for the temporary reception of
children during the pendency of any inquiry, trial or other proceeding regarding
them under this Act and such observation homes shall be maintained in such
manner as may be prescribed.
(2) Where the Government are of opinion that any place or institution
other than those established under sub-section (1) is fit for the temporary
reception of children during the pendency of any inquiry, trial or other
proceeding regarding them under this Act, they may recognise such place or
institution as observation home for the purpose of this Act; and may after
giving notice withdraw the recognition on such grounds as may be prescribed.
27.Recognition of fit person institutions -(1) Where the Government are of
opinion that any institution or association is fit for the reception of children
under this Act the Government may recognise such institution or association
as a fit person institution under this Act and may after giving notice withdraw
the recognition on such grounds as may be prescribed.
(2) The Government may prescribe the conditions subject to which
institutions or associations shall be recognised as ‘fit person institutions’ for
the purposes of this Act.
28.Management of Children’s Homes and Certified Schools -(1) For the
control and management of every children’s home or certified school
established under sub-section (1) of section 24 a Superintendent and a
Committee of Visitors shall be appointed by the Government and such
Superintendent shall be deemed to be the manager of the children’s home or
the certified school for the purposes of this Act.
(2)   Every institution declared as a children’s home or as a certified
school under sub-section (2) of section 24 and every institution recognised as a
fit person institution under section 27 shall be under the management of a
governing body, which shall be deemed to be the manager of the home, school
or the fit person institution for the purposes of this Act.
29.Liabilities of managers -(1) The manager of a children’s home, certified
school or a fit person institution shall report his opinion when he is consulted
by the competent authority before any child is committed to such home, school
or institution.
(2) The manager of a children’s home or a certified school declared as
such by the Government under sub-section (2) of section 24 shall, subject to
availability of accommodation in such home or school receive any child
committed to it under this Act:
Provided that when such home or school has once accepted any child, it
shall be bound to teach, train, lodge, clothe and feed him during the whole
period for which he is liable to be detained in the home or school, or until the
withdrawal or surrender of the certificate of the home or school.
30.Medical inspection of children’s homes certified schools and fit person
institutions -Any registered medical practitioner authorised in this behalf by
the Government may visit any children’s home, certified school or fit person
institution at any time with or without notice to its manager, in order to report
to the Chief Inspector on the health of the inmates and the sanitary condition
of the home, school or institution.
31. Inspection of voluntary Homes -The Government may cause any
voluntary home not liable to be inspected by or under the authority of any
Government Department, to be visited and inspected, from time to time, at all
reasonable hours by the Chief Inspector, or any person authorised by him, in
this behalf.
32.Power of Government to withdraw certificate or prohibit admission -
(1) Where the Government are not satisfied with the conditions, rules,
management, or superintendence of a children’s home or a certified school,
they may, at any time, by notice served on the manager of the home or school
declare that the certification of the home or school is withdrawn as from the
date specified in the notice and on such declaration the withdrawal of the
certificate shall take effect and the home or school shall cease to be a children’s
home or a certified school.
(2)  The Government may, instead of withdrawing a certificate under sub-
section (1), by notice served on the manager of the home or school, prohibit the
admission of neglected children or juvenile offenders to the home or school for
such time as may be specified in the notice or until the notice is revoked:
Provided that before the issue of a notice under sub-section (1) or sub-
section (2), an opportunity shall be given to the manager of the home or school
to show cause why the certificate may not be withdrawn or admission to the
home or school may not be prohibited, as the case may be.
33.Surrender of certificate by manager -The manger of a children’s home or
a certified school recognized under sub-section (2) of section 24 may, on giving
six months’ notice in writing to the Government through the Chief Inspector, of
his intention so to do, surrender the certificate of the home or school at the
expiration of six months from the date of notice and there upon the home or
school shall cease to be a children’s home or a certified school.
34.Effect of withdrawal or surrender of certificate -A neglected child or a
juvenile offender shall not be received into a children’s home, or as the case
may be, into a certified school under this Act after the date of receipt by the
manager of the home or school of a notice of withdrawal of the certificate under
section 32, or the date of notice of intention to surrender the certificate under
section 33:
Provided that the obligation of the manager to teach, train, lodge, clothe
and feed any neglected child detained in the home or juvenile offender detained
in the school at the respective dates aforesaid shall, except so far as the
Government otherwise direct, continue until the withdrawal or surrender of the
certificate takes effect.
35.Disposal of inmates on withdrawal or surrender -When a home or a
school ceases to be a children’s home or a certified school, the neglected
children or juvenile offenders as the case may be, detained therein shall be
either discharged absolutely or on such conditions as the Government may
impose or transferred by order of the Chief Inspector to some other children’s
home or certified school or fit person institution in accordance with the
provisions of this Act relating to discharge and transfer.
CHAPTER IV
OFFICERS, THEIR POWERS AND DUTIES
36.Appointment of Chief Inspector, Inspectors etc -The Government may,
for the purposes of this Act appoint the following officers:-
(a) one Chief Inspector of certified schools and one Chief
Inspector of children’s homes for the whole of the State;
(b) such number of Inspectors and Assistant Inspectors of
certified schools and children’s homes, as may be necessary; and
(c) such other officers as may be necessary.
37.Powers and functions of Inspectors, etc - The powers and functions of
the Chief Inspector, Inspectors and the Assistant Inspectors of certified schools
and children’s homes and other officers shall be such as may be provided by or
under this Act and in accordance with the general or special orders, which the
Government or any officer authorised by the Government in this behalf may
make for the purpose of carrying out the provisions of this Act.
38. Delegation of powers of Government -The Government may, by
notification, delegate to the Chief Inspector such of their powers under this Act,
as may be prescribed, except the power to establish Boards, juvenile courts,
certified schools, children’s homes, observation homes or After Care
Organisations for reception of children and the power to make rules under this
Act.
39.Appointment of Probation Officers - (1) The Government or such other
authority as may be empowered by them in this behalf, may appoint probation
officers for carrying out the purposes of this Act.
(2) Subject to any rules that may be made in this behalf, it shall be
the duty of the probation officer:-
(a) to visit children in need of protection and juvenile offenders
at such intervals as the probation officer may think fit;
(b) to report to the competent authority on the behaviour of any
child in need of protection or any juvenile offender;
(c) to advise and assist children in need of protection or juvenile
offenders and if necessary endeavour to find them suitable
employment;
(d) where a child in need of protection or juvenile offender is
placed under the care of any person on certain conditions, to see
whether such conditions are being complied with; and
(e) to perform such other functions as may be prescribed.
(3) Notwithstanding anything in sub-section (1), a competent authority
may, for the purposes of any particular case or proceeding appoint any other
person as a probation officer if in its opinion such appointment is expedient or
necessary.
40. Supervision and control of probation officers -(1) A probation officer in
the performance of his functions under this Act shall be an officer of competent
authority and shall be under the supervision and guidance of such competent
authority.
(2) Nothing in this section shall derogate from the powers of supervision
of the Chief Inspector over the probation officers.
CHAPTER V
MEASURES FOR THE CARE AND PROTECTION OF NEGLECTED
CHILDREN
41.Production of neglected children before the Board -(1) If any police
officer, or other person authorised by the Government in this behalf by general
or special order, (hereafter in this Chapter referred to as the ‘authorised
person’) is of opinion that a person is apparently a neglected child, such police
officer or authorised person may take charge of that child for bringing him
before a Board.
(2) When information is given to an officer incharge of a police station
about any neglected child found within the limits of such station, he shall enter
in a book to be kept for the purpose, the substance of such information and
take such action thereon as he deems fit and if such officer does not propose to
take charge of the child, he shall forward a copy of the entry made and a report
of the action taken to the Board.
(3) Every child taken charge of under sub-section (1) shall be brought
before the Board within a period of twenty-four hours of taking such charge
excluding the time necessary for the journey from the place where the child
had been taken charge of to the Board.
(4) Every child taken charge of under sub-section (1) shall, unless he
is kept with his parent or guardian, be sent to a place of safety, not being a
police station, until he can be brought before the Board.
42. Special procedure in case the neglected child has parent -(1) If a
person, who in the opinion of the police officer or the authorised person is a
neglected child, has a parent or guardian, who has the actual charge of the
child, but who is unable or unfit to exercise proper control over the child, the
police officer or the authorised person may, instead of taking charge of the
child, make a report to the Board for initiating an inquiry regarding the child.
(2) On receipt of a report under sub-section (1), the Board may call upon the
parent or guardian to produce the child before it and to show cause why the
said child should not be dealt with as a neglected child under the provisions of
this Act, and if it appears to the Board that the child is likely to be removed
from its jurisdiction or to be concealed, it may immediately issue a warrant
authorising any police officer to search for the child and to take him to a place
of safety, not being a police station to be detained therein until he can be
brought before the Board.
43. Inquiry by competent Court regarding neglected child -(1) When a
person alleged to be a neglected child is produced before a Board it shall
examine the police officer or the authorised person, who brought the child or
made the report and record the substance of such examination and hold the
enquiry in the prescribed manner.
(2) Where on such enquiry the Board is satisfied that a child is a
neglected child, the Board may make an order directing the child to be
committed to a children’s home or to the care of a fit person institution named
by the Board for a period of not less than two years but not, in any case,
extending beyond the period when the child will, in the opinion of the Board
complete the age of sixteen years in the case of a boy or eighteen years in the
case of a girl.
(3) During the pendency of any enquiry regarding a child, the child
shall unless he is kept with his parent or guardian, be sent to observation
home for such period as may be specified in the order of the Board.
44. Power to commit neglected children to suitable custody -(1) If the
Board so thinks fit, may instead of making an order under sub-section (2) of
section 43 for sending the neglected child to a children’s home or a fit person
institution, make an order placing the child under the care of a parent or
guardian or other person, executing a bond with or without surities in such
manner as the Board may require, to be responsible for the good behaviour and
well-being of the child and for the observance of such other conditions as the
Board may impose for securing that the child may lead an honest and
industrious life.
(2) The Board, which makes an order committing a neglected child to
the care of a parent, guardian or other person under this section may, in
addition, order that he be placed under the supervision of the probation officer
for any period not exceeding three years.
(3) Notwithstanding anything in sub-section (1) or sub- section (2), if
at any time it appears to the Board on receiving a report from the probation
officer or otherwise that there has been a breach of any of the conditions
imposed by it in respect of the child, it may, after making such enquiry as it
deems fit, order the child to be sent to a children’s home.
45.Sending a child having place of residence outside jurisdiction -In the
case of a neglected child whose ordinary place of residence lies outside the
jurisdiction of the Board before which it is brought the Board may, if satisfied
after due inquiry that it is expedient so to do, send such child back to a relative
or other person, who is fit and willing to receive him at his place of residence
and exercise proper care and control over him.
46. Uncontrollable children -Where the parent or guardian of a child
complaints to the Board that he is not able to control the child and that he
desires the child to be sent to a children’s home or a fit person institution, the
Board, if satisfied on enquiry that it is expedient so to deal with the child and
the parent or guardian understands the results which will follow may order the
child to be committed to a children’s home or a fit person institution.
CHAPTER VI
SPECIAL OFFENCES IN RESPECT OF CHILDREN
47.Punishment for cruelty to children –(1) Whoever having the custody,
charge, or care of any child willfully assaults, ill-treats, neglects, abandons or
exposes the child or causes him to be assaulted, ill-treated, neglected,
abandoned or exposed in a manner likely to cause such child unnecessary
mental or physical suffering shall, on conviction, be punished with
imprisonment for a term which may extend to two years or with fine which may
extend to one thousand rupees, or with both:
(2) The infliction of a reasonable punishment on a child for proper reason
shall not be deemed to be an offence under this section.
48.Penalty for being drunk while in charge of child, etc., -If any person
while having the physical custody of a child under the age of seven years is
found drunk in any public street or other public place, whether a building or
not and if such person is incapable by reason of his drunkeness, of taking due
care of the child, such person shall, on conviction, be punished with
imprisonment which may extend to three months or with fine which may
extend to two hundred rupees or with both.
49. Penalty for giving intoxicating liquor or dangerous drug to child-
Whoever gives or causes to be given to any child any intoxicating liquor
or dangerous drug except under a prescription in writing of a Registered
Medical Practitioner, or in case of sickness or other urgent cause, shall, on
conviction, be punished with imprisonment which may extend to three months
or with fine which may extend to two hundred rupees or with both.
50. Seizure by police officer of any beedies, cigarettes, tobacco or
smoking mixture in possession of child -(1) Any police officer may, seize any
beedies, cigarettes, tobacco, or smoking mixture in the possession of a child
whom he finds smoking in any street or public place and any beedies,
cigarettes, tobacco or smoking mixture so seized be disposed of in such
manner as may be prescribed.
(2) Any police officer finding a child smoking or in possession of any
beedies, cigarettes, tobacco or smoking mixture in any street or public place
shall see that information of the fact is given to the parent or guardian of the
child.
51.Penalty for permitting child to enter place where liquor or dangerous
drug is sold.-Whoever takes a child to any place where intoxicating liquor or
dangerous drug is sold or whoever being the proprietor, owner or a person
incharge of such place, permits a child to enter such place or whoever causes
or procures a child to go to such place shall, on conviction, be punished with
fine which may extend to two hundred rupees.
52. Inciting child to bet or borrow -Whoever by words either spoken or
written or by signs, or other-wise, incites or attempts to incite a child to make
any bet or wage or to enter into or take any share or interest in any betting or
wagering transaction or to borrow money

Excerpt shown. Open the full act in Lexace.

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