LexThe Telangana Children Act, 1979.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA CHILDREN ACT, 1979.
(ACT No. 26 OF 1979.)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER I
PRELIMINARY.
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.
CHAPTER II
Powers and functions of Board and Courts having
jurisdiction under the Act.
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.
2 [Act No. 26 of 1979]
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 publicat ion of names, etc., of
children involved in the cases of proceedings
under the Act.
CHAPTER III
CHILDREN’S HOMES, CERTIFIED SCHOOLS,
OBSERVATION HOMES AND OTHER
INSTITUTIONS
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.
[Act No. 26 of 1979] 3
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.
CHAPTER IV
OFFTCERS, THEIR POWERS AND DUTIES.
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.
CHAPTER V
MEASURES FOR THE CARE AND PROTECTION
OF NEGLECTED CHILDREN.
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.
4 [Act No. 26 of 1979]
46. Uncontrollable children.
CHAPTER VI
SPECIAL OFFENCES IN RESPECT OF
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.
[Act No. 26 of 1979] 5
CHAPTER VII
JUVENILE OFFENDERS.
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 Chapter VIII of Criminal
Procedure Code not to apply against child.
68. Repatriation.
CHAPTER VIII
MAINTENANCE AND TREATMENT OF
COMMITTED CHILDREN.
69. Contribution of parents.
70. Provision as to religious and Moral Instructions.
71. Placing out on licence.
72. Action by police regarding escaped children.
CHAPTER IX
AFTER CARE ORGANISATIONS.
73. Establishment and functions of after care
organizations.
CHAPTER X
Appeals And Revision.
74. Appeal.
6 [Act No. 26 of 1979]
75. Revision.
76. Procedure in appeals and revision proceedings.
CHAPTER XI
MISCELLANEOUS.
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 Telangana Prevention of Begging
Act, 1977 to cease to apply to Children.
THE TELANGANA CHILDREN ACT, 1979.1
ACT No. 26 OF 1979.
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the 2Telangana Children Act,
1979.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the
Government may, by notification published in the
2Telangana Gazette, appoint.
2. 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. 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 3Telangana Prevention of Begging Act, 1977;
1. The Andhra Pradesh Children Act, 1979 received the assent of the
President on the 27 th September, 1979. The said Act in force in the
combined State, as on 02.06.2014, has been adapted to the State of
Telangana, under section 101 of the Andhra Pradesh Reorganisation
Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws
Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
3. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Definitions.
Short title, extent
and
commencement.
Saving.
Act 12 of 1977.
2 [Act No.26 of 1979]
(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 Traf fic 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 appoin ted 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 w here 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
[Act No.26 of 1979] 3
(2) of section 9 to exercise the powers conferred on a
jaurenile court;
(k) „dangerous drug ‟ means any article defined as
dangerous drug in the Dangerous Drugs Act, 1930;
(l) „District Magistrate ‟ means the person exercising the
powers of a District Magistrate under the Code of Criminal
Procedure, 1973;
(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 undertake s 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
Central Act 2 of 1930.
Central Act 2 of 1974.
4 [Act No.26 of 1979]
(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 a ssociation 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
4Telangana 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 instit ution (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 b y 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;
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
[Act No.26 of 1979] 5
(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 ma intained wholly or partly by voluntary
contributions.
4. 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 eight een 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. 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.
Continuance of
proceedings
against child on
attaining specified
age.
Certain provisions
of the Code of
Criminal
Procedure, 1973,
etc. not to apply.
6 [Act No.26 of 1979]
CHAPTER II
Powers and functions of Board and Courts having
jurisdiction under the Act.
6. (1) The Government may, by notification, constitute for
any area specified in the notification one or more Child
Welfare Boards for exe rcising the powers and discharg ing
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. (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.
Constitution of
Child Welfare
Boards.
Constitution of
Juvenile Courts.
[Act No.26 of 1979] 7
(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 on e shall b e a
woman and such panel shall b e 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. 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. (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 dit ference of
opinion between, a Board and a juvenile court regarding the
Procedure etc., in
relation to Boards
and Juvenile
Courts.
Powers of
Juvenile Courts
and other Courts.
8 [Act No.26 of 1979]
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 th e 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. (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 jurisdic tion under this
Act, to deal with and dispose of the proceeding.
(2) The court to which the proceeding i s forwarded
under sub -section (1 ) shall hold the inquiry as if the child
has originally been brought before it.
Procedure to be
followed by the
court of a
magistrate not
empowered under
this Act.
[Act No.26 of 1979] 9
11. (1) Notwithstanding anything in section 223 of the Code
of Criminal Procedure, 1973, 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. 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 tr ials in
summons cases in the Code of Criminal Procedure, 1973.
13. (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 sitting of the court are held.
No joint trial of
child and adult.
Central Act 2 of 1974.
Sittings, etc., of
Juvenile Courts or
Boards.
Central Act 2 of 1974.
Procedure in
inquiries and
trials.
10 [Act No.26 of 1979]
14. 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. (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 l egal 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. 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, guardia n 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
Special provision
in respect of
pending cases.
Presence of
persons in
competent
authority.
Withdrawal of
persons.
[Act No.26 of 1979] 11
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. 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. 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 withdr aw, the competent authority
may have him removed and may for this purpose, cause to
be used such force as may be necessary.
19. (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.
Dispensing with
attendance of
child.
Withdrawal of
persons from
competent
authority when
child is examined
as witness.
Attendance of
parent or
guardian of the
child charged with
offence.
12 [Act No.26 of 1979]
(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 rem oved from the
custody or charge of his parent by an order of a court.
20. (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
recognized 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 5[Andhra Pradesh Leprosy Act, 1953, ] or
the Indian Lunacy Act, 1912, as the case may be.
21. 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
5. The Andhra Pradesh Leprosy Act, 1953 (Act IV of 1954) has been
repealed by the Andhra Pradesh Leprosy (Repeal) Act, 1990 (Act No.14
of 1990) and Act 1 4 of 1990 has been repealed as whole vide. the
Telangana Adaptation of Laws Order, 2016 issued in G.O.Ms.No.45, Law
(F) Department, dated.01.06.2016.
Child suffering
from dangerous
disease to be
committed to
approved place.
Act IV of 1954.
Central Act 4 of 1912.
Factors to be
taken into
consideration in
making orders
under this Act.
[Act No.26 of 1979] 13
(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. 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. 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
Report of
Probation Officers
and other reports
to be treated as
confidential.
Prohibition of
publication of
names, etc; of
children involved
in the cases of
proceedings
under the Act.
14 [Act No.26 of 1979]
not likely to affect adversely the interests of the child
concerned.
CHAPTER III
CHILDREN‟S HOMES, CERTIFIED SCHOOLS,
OBSERVATION HOMES AND OTHER INSTITUTIONS.
24. (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 t o that
effect.
25. 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. (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.
Establishment
and certification of
children‟s homes
and certified
schools.
Functions of
children‟s home
and certified
schools.
Observation
homes.
[Act No.26 of 1979] 15
(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. (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 fi t person institution under this
Act and may after giving notice with draw 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. (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 chi ldren‟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.
Recognition of fit
person
institutions.
Management of
Children‟s Homes
and Certified
Schools.
16 [Act No.26 of 1979]
29. (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 detain ed in the home or school, or until the
withdrawal or surren der of the c ertificate of the home or
school.
30. 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. 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 reason able hours by the Chief Inspector,
or any person authorised by him, in this behalf.
32. (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
Liabilities of
managers.
Medical
inspection of
children‟s homes,
certified schools
and fit person
institutions.
Inspection of
voluntary Homes.
Power of
Government to
withdraw
certificate or
prohibit
admission.
[Act No.26 of 1979] 17
such declaration the withdrawl 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. The manger of a childern ‟s home or a certified school
recognized under sub -section (2) of secti on 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 child ren‟s
home or a certified school.
34. A neglected child or a juvenile offender shall not be
received into a children ‟s home, or as the ease 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
Surrender of
certificate by
manager.
Effect of
withdrawal or
surrender of
certificate.
18 [Act No.26 of 1979]
Government otherwise direct, continue until the withdrawal
or surrender of the certificate takes effect.
35. 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. The Government may, for the purposes of this Act
appoint the following officers:-
(a) one Chief Insp ector 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. 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.
Disposal of
inmates on
withdrawal or
surrender.
Appointment of
Chief Inspector,
Inspectors etc.
Powers and
functions of
Inspectors, etc.
[Act No.26 of 1979] 19
38. 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. (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 officers:-
(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 an d 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 fun ctions 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
Delegation of
powers of
Government.
Appointment of
Probation
Officers.
20 [Act No.26 of 1979]
officer if in its opinion such ap pointment is expedient or
necessary.
40. (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. (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 inf ormation 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
Supervision and
control of
probation officers.
Production of
neglected
children before
the Board.
[Act No.26 of 1979] 21
necessary for the journey from the p lace 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. (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 th e 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 unti l
he can be brought before the Board.
43. (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 exmination 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
Special procedure
in case the
neglected child
has parent.
Inquiry by
competent court
regarding
neglected child.
22 [Act No.26 of 1979]
a period of not less than two years but not, in any case,
extending beyond the p eriod 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. (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 chrld 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 oth er
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.
Power to commit
neglected
children to
suitable custody.
[Act No.26 of 1979] 23
45. 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. Where the parent or guardianExcerpt shown. Open the full act in Lexace.