Chandigarh act 039 of 1949 : The East Punjab Children Act, 1949

1949 - East Pb. Act 39] CHILDREN 713 THE EAST PUNJAB CHILDREN ACT, 1949. TABLE OF CONTENTS PART I Sections मी १ १9 दा Now Preliminary Short title and extent. Commencement Interpretation The Reformatory Schools Act, 1897, to cease to extend to the area to which certain provisions of this Act apply. Children under eight years. Powers of Courts, . Procedure where magistrate is not empowered_to passan order under this Act. PART पा Measure for the Custody and Protection of Children who are 8. 9. 10. 1. 12. 13. 14. 15. 16. 17, 18. 19. 20, 21. 22. 23. destitute, etc. Chilaren found homeless, destitute, etc. PART III 40ffences against children and their prevention Punishment for cruslty to children. Causing or allowing child to beg. Penalty for being drunk wnile in charge of a child. Penalty for giving intoxicating liquor to a child. Seizure by Police Officer of any bidis, cigarettes, tobacco or smoking mixture in possession of a child. Penalty for allowing a child to smoke or drink intoxicating liquor. Penalty for inciting a child to bet. Penalty for taking pawn from a child. Allowing child to be in brothel. Causing or encouiaging seduction, etc. of a young girl. Young girls exposed to risk of seduction, etc., or cruclly treated. Detention of child in place of safety. Disposal of child by order of Court. Warrant of search for child ill-treated. Compensation for false and frivolous or Vexatious in-for- mation,

| | 774 | CHILDREN [1949 : East Pb. Act 39 PART 1V Youthful Offenders 24. Bail of childien arrested. 25. Custody of children not discharged on bail after arrest 26. Atttendance atcourt of parent of child charged with anoffence etc 27. Sentences that may not be passed on child 28. No 11_pdroceedmgs under Chapter VIII of the Code against a ch 29. Commitment of child to a certified school 30. Power to discnarge youth ful offender or to commit him to suitable custody 31. Appointment of Probation Officers 32. Duties of Probation Officers. 33. Power to order parent to pay fine, etc., instead of child. 34. Detentionin tne case of certain crimes committed by children 35. Methods of dealing with children charged with offences. 36. Investitgation of character and circumstances. PART V Prohibtion of publicaton of names, addresses or other details concerning children involved in offences 37. Penalty for publishing names and addresses of children in- volved in offence PART VI Maintenance and treatment of persons sent to certified schools or committed to the care of relatives or other fit persons. 38. Contribution of parent. | 39. Boarding out of children | पके | 40. Placing out on licence. 41. Penalty for abetting escape of youthful offender or child. 42. Period of detention. 43, Discharge and transfer. 44. Transfers between certified sc'hools and schools of like nature in different parts of India 45. Tiansfer from one certified school to another

1949 : East Pb. Act 39] CHILDREN 46. 47. 48. 49, 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64 65. 66. 67. 68. 69. 775 PART VII Certified Schools and other Ingtitutions Establishment and certification of schools. Management of schools. Inspection of schools. Powers of Inspectors. Medical inspection. Powers to state Government to withdraw certificate. Resignation of certificate of Manager. Effect of withdrawal or resignation of certificate. Disposal of inmates on withdrawal or resigneticn of cer- tificate. Auxiliary homes. Liabilities of Managers. : Inspection of institutions for reception of poor children, Notification of particulars with respect to voluntary home (i.e., institutions for the reception of poor certificate.) Control over institutions for the reception of poor children. PART VIII , Juvenile Courts Juvenile Courts. Procedure in Juvenile Courts. Restrictions on newspapers, reports of proccedings in juvenile courts. PART IX Miscellaneous Presumption and determination of age. Provision as for religion. Committal to an approved place of a child suffering from veneral or tubercular discasc. Prohibition against children being prescnt in court during trial of other prsons. Power to clear court whilc child isgiving evidence incertain cases. Power toprohibit publicationofcertain matter in newspapers. Removal of disqualification attaching to convictions for offences.

776 70. 72. 73. 74. 75. | CHILDREN [1949 : East Pb. Act 39 .Control of custodian over child. Bonds taken under Act V of 1898 Appeal. Power to amend ordeis. - Rules. Repeal

1949 : East Pb. Act 39] CHILDREN 777 ITHE EAST PUNJAB CHILDREN ACT, 1949. East PunJaB AcT No. 39 or 1949 [Received the assent of his Excellency the Governor- General on 8th December, 1949, and was first published in the East Punjab Government Gazette (Extraordinary) of December 12, 1949.] « 1 2 3 4 Year No. Short title Whether repealed or otherwise affected by legislation 1949 39 | East Punjeb Childien | Amended in part by the Adaptation Act, 1949 of Laws Order, 1950 Amznded in part by the Adaptation ]09f51L.1"WS (Third Amendment) Order, 1 2Extended to the territories which immediately before the Ist Novem- ber, 1956 were comprised in the State of Patiala and Eagt Punjab States Union by Punjab Act No. 43 of 1960 sAmended by Punjab Act No.25 of 1964 . An act to make provisions for the custody and protection of children and for the custody, trial and punishment of youth- ful offenders and for the amendment of the Reformatory Schools Act, 1897, in its application te *[the State of Punjab]. PART 1. PRELIMINARY ; . 1. (1) This Act may be called the East Punjab Child- ¥gfea, ™ *™ ren Act, 1949, ‘ (2) Itextends to the whole of the 5(State) of *[Punjab]- IFRor Statement of Objects and Rearons, see East Punjcb Goverryeri Gazette (BExtraordinary), 1948 page 489-P; for the Select Committee Report, see East Punjab Government Gazette (Extraordinary), 1949, PartV, psges 55— 106; for proceedin%s in the Assembly, see Bast Punjab Legislative Assemsbly Debates, Volume 1V, 1948, pages (6) 26--(6) 27. 3for Statement Objects and Reasons, &see Punfab Goverrmen: Gazette (Extra- ordinary), 1960, page 2010. sPor Statement of Objects and Reasons, see Punjab Government Gazette (Extra. ordinary), 1964, pages 935—37. sSubstituted for the words ““the Province of East Punjab’’ by the Adaptation of Laws (Third Amendment) Order 1951, sSubstituted for the word “*Province’” by the Adaptation of Laws Order, 1930, sSubstituted for the words “East Punjab’’ by the Adaptation of Laws Order, 1950,

| 778 CHILDREN [1949 : East Pb. Act 39 (3) Notwithstanding the introduction of this Act in any localarea the 1[State] Government may bynotification exclude any class of children or youthful offenders from the operation of all or any of the provisions of this Act. 2. Section 1 shall come into operation at once. The rest of the Act shall come into operation in any area on such date as the [State] Government may by notification appoint in this behalf. Commencement, Interpretation. 3. Inthis Act unless there is anything repugnant in the subject or context,— | (@) “brothel” means any house, room or place or any part thereof, which is habitually used by more than one person for the purposes of pros- titution; | | | (b) ““certified school” means an industrial school established under sub-section (I) or any indus- trial school or any other educational institution certified under sub-section (2) of section 46 of this Act; _ || i (¢) “Child” means a person under the age of 16 years, and when used with reference to a child sent to a certified school applies to that child during the whole period of his detention, not- withstanding that the child may have attained the age of 16 years; (d) ““a child in need of care or protection” means a child to whom any of the clauses (a), (8), (¢, (d), (&), (f) and (g) of sub-section (/) of section 8 of this Act, applies; o (e) “Chief Inspector” means the person appointed as such under section 48 of this Act; V of 1898 ) ‘1‘8C90de” means the code of Criminal Procedure 8; TSubstituted for the word *“Provincial’’ by the Adaptation of Laws Order, 1950" शीट 01 came into force on the 27th September, 1967,- vide Punjab Govern- ment, Notification No. 5706-3SW-67/2575, dated the 18th August, 1967.

1949 : East Pb. छू 397 CHILDREN 779 (g) ““fit person” in relation to the care of any child includes any society or body corporate estab- lished for the reception or protection of poor children or the prevention of cruelty to child- ren which undertakes to bring up or to give facilities, for bringing up any child entrusted to its care in conformity with the religion of its bitrh; (h) ‘“‘guardian” in relationto a youthful offender or child includes any person who in the opi- nion of the court having cognizance of any proceeding inrelation to the youthful offender or child or in which the youthful offender or child is concerned, has for the time being the actual charge of or control over the youth- ful offender, or child ; () “Juvenile court’ means a separate court es- tablished under sub-section (I) ofsection 60 of this Act and includes a court before which a child is brought under sub-section (2) of that section; (j) “place of safety’’ includes any orphanage, hos- pital, surgery or any other suitable place or or institution the occupier or manager of which is willing temporarily to receive a child, or where such orphanage, hospital, surgery, or other suitable place or institution is not available, in case of a male child only, a police station; (k) “prescribed > means prescribedtby rules under this Act; (D) “Probation Officer” means an officer appoint- ° ed under section 31; and (m) “youthful offender” means any child who has been found to have committed an offence puni- shable with transportation or imprisonment.

FRO Refsrmarory. 4 CHILDREN [1949 : East Pb. Act 39 The Reformaion . () The provisions of the Ref ormatory Schools 1897, 10 cease o Act, 1897, shall cease to apply to any arca in which VI of ; thi : . 1897 extend (o thearea this Aot shall be, or has been, brought in to operation. to which certain provisions of this Act apply. (2) Any youthful offender detained ina Reformatory School in any area in pursuance of an order passed by a court under the Reformatory School Act, 1897, immedi- जा मे ately preceding the date on which the said Act ceases to 1897, apply to the said area under sub-section (1) shall, from such ate, be deemed to have been orderd tobe detained, as if suchyouthful offenderwas orginally dealt with under this Act and Refomatory School in wihch he was detained shall be deemed to be a certified school established under this Act and any order of detention or placing out on li- cence of such youthful offender under the Reformatary Schools Act, 1897, shall, from such date, be deemed to be an order passed under the corresponding provisions of this Act and the provisions of this Act shall, so far as may_be, apply to such youthful offender accordingly. Children under 5. eight years. The court shall not order a child under the age of eight years to be sent to a certified school unless for any reason, including the want of a fit person of his own religious persuasion who is willing to undertake his care, the court is satisfied that he cannot suitably be dealt with otherwise. _ Powers of Courts 6. The powers co‘nferred on courts by this Act shall be exercised only by ;-- : (a) the High Court; (6) a Court of Sessions; (¢) 1[a Chief Judicial Magistrate]; (व) [***); » | <@ (हो any Juvenile Court constituted under sec- tion 60; ' () any 3[Judicial Mal‘gistrate] of the 1st class; 1Substituted for the word “‘a District Magistratc”’ by Punjab Act No. 25 of 1964. 2Clause (d) omitted by p. ibid. Substituted for the word “Magistrate’ by Punjab Act No, 25 of 1964,

1949 : East ———_———‘Pb. Act 39] CHILDREN 781 (g) any court notified in this behalf by the 1[State] Government 2[in consulation with the High Court]; and may be exercised by such courts whether the case comes before them in the exercise of original jurisdiction or on appeal or revision. 7. (1) When any *Jusdical Magistrate] not emp- B Mo owered to pass an order under this Act is of opinion trajtuc)’lc','f हि that a child brought before him should be sent to a cer- powercd to pass tified school or dealt with inany other manner in which i ey गाव the case may be dealt with under this Act, he shall record such opinion and submit his proceedings and forward the child to the #Chief Judicial Magistrate] to whom he is subordinate or to the 3[Judicial Magistrate] presiding over the nearest Juvenile Court having jurisdiction in the case; Provided that where a child brought before a *[Judi” cial Magistrate] not empowered to pass an order under this Act is accused of an offence triable jointly with any other person not being a child, nothing in this sub-section shall affect to be deemed to affect the powers of the *[Ju- dicial Magistrate] to try such other person. (2) The 3[Judicial Magistrate] to whom the pro- ceedings are so submitted may make such further inquiry, if any, as he may think fit and may pass such order deal- inz with the case as he might have passed if the child had originally been brought before or tried by him. " PART वा MEASURES FOR THE CUSTODY AND PROTECTION OF CHILDREN WHO ARE DESTITUTE, ETC. 8. (I) Any police officcr or such other person autho- Children idu'u‘rd, rised in this behalf in accordance with rules made by the (iclec. et 1[State] Government may bring befere a court any person who in his opinion is a child and who— (@) has no home, place of abode ot visible means of subsistence, or is being wilfully neglected by his parent or guardinan ¢ or 1Sybstituted for the word «provincial’”” by the Adaptation of Laws Order, 1950 2A dded by Punjrb Act No.25 of 1964. sQubstituted for the word “Magistrate’’ by Punjcb Act No. 25 ‘of 19€4. . sSabstituted for the words “‘District Magistrate or Sub-Divisional Magistiite by Punjab Act, 25 of 1964,

न 782 CHILDREN [1949 : East Pb. Act 39 (6) is found destitute and his parents or surviving parent or other guardian or in the case of an illegitimate child his mother or other guardian, are or is as the case may be, undergoing trans- portation or imprisonment ; or (८) is under the care of a parent or guardian who by reason of criminal or drunken habits is un- fit to have the care of such person; or (d) frequents the company of any reputed thief or prostitute; or , . . - . (e) is lodging or residing in or . frequenting a house used by a prostitute for the pburposes of prosti- ~ tution; or (f) is made or allowed to beg or receive alms; or (g) is being grossly overworked or ill-treated by his employer: Provided that when any such child has a parent or guardian who has the actual chage or control over the child the police officer or other per- son, as aforesaid, shall, in the first instance make a report to the nearest court or [Judicial Magistrate] having jurisdiction under this Act. Such court or [Judicial Magistrate] may call upon such parent or guardian to show cause why the child should not during the pendency of the proceedings be removed from his care; and may on suitable sureties being offered for the safety of such child and for his being brought before the court, permit the child to remain in the actual charge or control of his parent or guardian or may order his removal till the court basses orders under this Act. (2) The court before which a cihild is brought under @ subsection (7) shall examine the informant and record the sub-stance of such examination and shall, if there are sufficient grounds for further enquiry, fix a date for such enquiry. (3) On the date fixed for the production of the child or for the enquiry or on any subsequent date to which \R“lSubstituted for the word ‘‘Magistrate’” by Punjab Act No. 25 cf 1964. |

S T— T ST - T 1949 : East Pb. Act 39] CHILDREN 783 the proceedings may be adjourned the court shall hear and recordiall evidence which may be adduced and con- sider any causejwhich may be shown why an order send- ing the child to a certified school should not be passed and make any further inquiry it thinks fit. (4) If the court is satisfied on the inquiry that such erson is a child to whom any of the clauses of sub-section FI) applies and that it is expedient so to deal with him, the court may order him to be sent to a certified school until such child attains the age of 18 years or for any shorter period. PART III OFFENCES AGAINST CHILDREN AND THEIR PREVENTION. 9. (1) Whoever having attained the age of 16 years Punishment for and having the actual charge of or control over a child abandons, exposes 01 wilfully neglects or causes OI pro- cures him to be abandoned, neglected or exposed, in a manner likely to cause such child unnecessary suffering or injury to his health shall be punishable with imprison- ment of either description for a term which may extend to six months or with f ine which may extend to two hundred rupees or with both. (2) Whoever, being an employer of a child, over- works him to an extent of ill-treats him in a manner, so as to amount to gross cuerlty, shall be punishable with imprisonment of either description fora term which may extend to six months or with fine which may extend to two hundred rupees or with both.} (3) For the purposes of this section injury to health includes injury to, of loss of, sight or hearing and injury to limb or organ of the body and any mental derangement, and a parent 0 other person legally liable to maintain a child shall be deemed to have neglected him in a manner likely to cause injury to his health if he, having means to provide adequate food, clothing, medical aid or lodging for the child, - - fails to make such provision . cruelty to child- ren.

Tfim CHILDREN [1949 : East Ph. Act 39 . (4) 2 person may be convicted of an offence under this section notwithstanding that the actual suffering or injury to health was obviated by the action of another person having the lawful control or charge of a child to administer punishment to such child. CahU.Slifldg or allowing 10. (1) Whoever causes any child or having the cridtodee actual charge of or control over 2 child, allows that child to be in any street, premises or place for the purposes of begging or receiving alms, or of inducing the giving of alms, shall be punishable with imprisonment of ejther de- scription for a term which may cxtend to three months or with fine which may extend to one hundred rupees or with both. l (2) If a person baving the custody, charge or care of a child is charged with an offence under this section, and it is proved that the child was in any street, premises or place for any such burpose as aforesaid, and that the person charged allowed the child to be in the street, pre- mises, or place, he shall be presumed to have allowed him to be in the street, premises or place for that purpose un- less the contrary is proved. | ' Penalty for Deing 11. If any person is found drunk in any highway cdhraurngek ofwah' ehild, of Other public place whether a building or not or on any premises licensed for the sale of liquor, while having the charge of a child apparently under the age of seven years and if such person is incapable by reasons of his drun- kenness of taking due care of the child, he may be arrested and shall, if the child is under that age, be punishable with fine which may extend to fifty rupees. Explanation.—For the purposes of this section a child shall be deemed to be under the age of seven if it appears to the court to be under that age unless the contrary is proved. Penalty for giving 12. Whoever in any मा or other public place intoxicating. liquor toa child. Whether a building Or not or on any premises licensed for the sale of liquor gives, or causes to 96

1949 : East Pb. Act 39] CHILDREN 785 given to any child any intoxicating liquor except upon the order of a duly qualified medical practitioner, or in case of sickness, apprehended sickness or other urgent cause, shall be punishable with imprisonment of either description for a term which may extend to one month bor hwith fine which may extend to fifty rupees or with oth. 13. It shall be the duty of a police officer to seize Seizure by pollce any intoxicating drug or liquor,bidis, cigarettes, tobacco Dfficer garettes, or smoking mixture in the possession of a child whom he tabacco_ or smok- finds smoking in any street or public place and any bidis, e sossion Of 8 cigarettes, tobacco, or smoking mixture so seized shall chid. be forfeited to the 1[State] Government and every such police officer shall be authorised to search any boy so found but not a girl. 14. Whoever, having the actual charge of or contro] Penclity fohf.lda“OW- over a child, allows or encourages that child to smoke ing B o drink or drink any intoxicating drug or liquor shall be punishabie intoxicating Lq- with imprisonment of either description for a term which " may extend to one month or with fine which may extend to fifty rupees or with both. ' ~15. Whoever by words either spoken or written Penalty for incit- or by signs or otherwise incites or attempts to incite inga child to_bet. a child to make any bet or wager or to enter into or take any share or interest in any betting or wagering trans- action shall be punishable with imprisonment of either description for a term which may extend to one month or with fine which may extend to one hundred rupees or with both. 16. Whoever takes an article in pawn froma child Penaltiy for taking whether offered by that child on his own behalf or on 2y o™ @ behalf of any other person shall be punishable with ’ imprisonment of cither description for a term which may extend to one month or with fine which may extend to one hundred rupees or with both. 17. Whoever, having the actual charge of, or con- Allowing child to trol over, a child between the ages of four and sixteen be in brothel. 1Substituted for the word *‘Provincial” by the Adaptation of Laws Order, 1950.

“7. कक तार बाय | | 786 CHILJ)REN [1949 : East Pb. Act 39 allows that child to reside in or frequent a brothel shall be punishable with imprisonment of either description for a term which may extend to two years or with fine which may extend to one thousand rupees or with both. Causing or encou- 18. (1) Whoever having the actual charge of, or e, Saedy”:,cu“nogn’ control over, a girl under the age of sixteen years causes girl. or encourages the seduction or prostitution of that girl or causes or encourages, any one other than her hus- band to have sexual intercourse with her shall be punish- able with imprisonment of either description for a term which may extend to three years and shall also be liable to fine. न (2) For the purposes of this section a person shall be deemed to have caused or encouraged the seduction or prostitution of, or the unlawful sexual intercourse with a girl who has been seduced or become a prostitute or with whom such sexual intercourse has been had if he has knowingly allowed the girl to consort with, or to enter and continue in the employment of any prostitute or person of known immoral character. Young girls expos- 19. 1If it appears to a c]ourt on the complaint of ed to_ risk of any person that a girl under the age of sixteen or that oo ete; ot जाला girl with the knowledge of her parent or guardian _is exposed to the risk of seduction or prostitution or leading a life of prostitution, the court may direct the parent or guardian to enter into a recognizance to ex- ercise due care and supervision in respect of such girl. Detention of child in 20. (1) Any police officer, not below the rank of place of safety. Sub-Inspector or a police officer 01 9 person authorised in this behalf in accordance with rules made by the ![State] Government may take to a place of safety any child in respect of whom an offence punishable under <9 this Act or under Chapter XVI of the Indian Penal Code, 1860, has been or there is reason to believe it has XLv of been committed: | 1860, Provided that no such child shall be taken from the custody of its parent or guardian if such parent tSubstituted for the word *‘Provingial” by the Adaptation of Laws Order, 1950,

1949 : East Pb. Act 397 CHILDREN 787 or guardian furnishes a bond in a sum not exceeding five hundred rupees to the satisfaction of the police —officer or other person authorised for producing the child in court within the time specified in the bond. (2) A child so taken to a place of safety and also any child who secks refuge in a place of safety may there be detained until he can be brought before the थे court, but such detention shall not in the absence of a special order of the court exceed a period of twenty- four hours exclusive of the time necessary for the journey from the place of detention to the court. (3) Where it appears to the court that an offence as aforesaid has been committed in respect of any child who is brought before the court and that it is expe- dient in the interests of the child that an order should be made under this sub-section, the court may make such order as circumstances may admit and require for the care and detention of the child until a reason- able time has elapsed for a charge to be made against some person for having committed the offence, and. if a charge is made against any person within that time, until the charge has been determined by the convic- tion, discharge or acquittal of that person and, in case of conviction for such further time not exceeding one month as the court which convicted may direct and any stch order may be carried out notwith- standing that any person claims the custody of the child. 21. (1) Where any person having the actual charge Dibsposadl of कि child of or control over a child has been— y order of court. (a) convicted of committing in respect of such child an offence punishable under this Act XLV of or under Chapter XVI of the Indian Penal 1860. Code; or (b) committed for trial for any such offence; or (c) bound over to keep the peace towards such child by any court; that court may either at the time when the person is so convicted, committed for trial or bound over or at

| 788 CHILDREN [1949 : East Pb. Act 39 any other time, order that the child be taken out of the charge and control of the person 50 convicted, committed for trial or bound over and be committed to the care of a relative of the child or other fit person named by the court (such relative or other person being willing to undertake such care) until he attains the age of sixteen years or for any shorter period and that court or any court of like jurisdiction may, of its own motion or on the application of any person, from time to time by order renew, vary, and revoke any such ® order. | trious life and may further order that the child be placed under the supervision of g probation officer or other person named by the court, (3) If the child has a barent | legal guardian, no order shall be made under this section unless— (i) the parent or legal guardian has been convic- ted of, or committed for trial for, the offence 07 has been bound over to keep the peace towards the child or cannot be found ; or (i) the court has Teason to believe that the parent or legal guardian has either been party OT privy to the offence or has by any act or omission facilitated the offence, or is <D otherwise unfit to have the care of the child: Provided that if the court thinks fit, it may on such parent or guardian giving an undertaking with or without sureties in g prescribed form to the court allow such child to remain in the custody of such parent or legal guardian subject to the supervision of a probation officer or other person named by the court,

1949 : East Pb. Act _—lfl CHILDREN 785 given to any child any intoxicating liquor except the order of a duly qualified medgical pratctitiopnerupoorn in case of sickness, apprehended sickness or other urg’ent cause, shall be punishable with imprisonment of either description for a term which may extend to one month boorthw.ith fine which may extend to fifty rupees or with 13. Tt shall be the duty of a police officer to seize Seizure by police any intoxicating drug or liquor,bidis, cigarettes, tobacco officer of _any or smoking mixture in the possession of a child whom he tabadco 0% smOk” finds smoking int any street or public place and any bidis, peesmon o a cigarettes, tobacco, or smoking mixture so seized shall फल o e pboe 11v.fcoerfOelftfe'd eto hthle llb[State]h Government and every such : icer shall be au i ! Do but mot & girl thorised to search any boy so 14. Whoever, having the actual charge of or control Perclity for allow- over a child, allows or encourages that child to smoke inmgokac ocmldd ink or drink any intoxicating drug or liquor shall be punishable intoxicoting - with imprisonment of either description for a term whick " may extend to one month or with fine which may extend to fifty rupees or with both. | 15. Whoever by words either spoken or written Penaliy for incit- or by signs or otherwise incites or attempts to incite ing a child to bet. a child to make any bet or wager or to enter into or take any share or interest inany betting or wagering trans- action shall be punishable with imprisonment of either description for a term which may extend to one month or with fine which may extend to one hundred rupees or with both. 16. Whoever takes an article in pawn fro ild Penalti i whether offered by that child on hispownn behamlfa ocrh olln एक ही 3 behalf of any other person shall be punishable with नए, imprisonment of either description for a term which may extend to one month or with fine which may extend to one hundred rupees or with both. । 17. Whoever, having the actual charge of, or con- Allowing child to rol over, a child between the ages of four and sixteen be in brothel 1Substituted for the word “‘Provincial’’ by the Adaptation of Laws Order, 1950. court, but sucn GELENUION SUall LUL 1L LUy audvies e a special order of the court exceed a period of twenty- four hours exclusive of the time necessary for the journey from the place of detention to the court. ' (3) Where it appears to the court that an offence as aforesaid has been committed in respect of any child who is brought before the court and that it is expe- dient in the interests of the child that an order should be made under this sub-section, the court may make such order as circumstances may admit and require for the care anddetention of the child until a reason- able time has elapsed for a charge to be made against some person for having committed the offence, and. if a charge is made againstany person within that time, until the charge has been determined by the convic- - tion, discharge or acquittal of that person and, in case of conviction for such further time not exceeding one month as the court which convicted may direct and any sich order may be carried out notwith- standing that any person claims the custody of the child. 21. (1) Where any person having the actual charge Disposal of child of or control over a child has been— (a) convicted of committing in respect of such child an offence punishable under this Act XLV of ‘or under Chapter XVI of the Indian Penal 1860. Code; or (b) committed for trial for any such offence; or (c) bound over to keep the peace towards such child by any court; that court may either at the time when the person is so convicted, committed for trial or bound over or at by order of court.

(786 एसाए कारगर [1949 : East Pb. Act 39 allows that child to reside in or frequent a brothel shall be punishable with imprisonment of either description for a term which may extend to two years or with fine which may extend to one thousand rupees or with both. Causing or encou- 18. (I) Whoever having the actual charge of, or raging seduction, etc., of a young Young girls expos- seduction, etc. or cruelly treatzd. Detention of child in place of safety. control over, a girl under the age of sixteen years causes or encourages the seduction or prostitution of that girl or causes or encourages, any one other than her hus- band to have sexual intercourse with her shall be punish- able with imprisonment of either description for a term which may extend to three years and shall also be liable to fine. । | (2) For the purposes of this section a person shall be deemed to have caused or encouraged the seduction or prostitution of, or the unlawful sexual intercourse with a girl who has been seduced or become a prostitute or with whom such sexual intercourse has been had if he has knowingly allowed the girl to consort with, or to enter and continue in the employment of any prostitute or person of known immoral character. 19. 1If it appears to a Lourt on the complaint of of any person that a girl under the age of sixteen or that such girl with the knowledge of her parent or guardian ~is exposed to the risk of seduction or prostitution or leading a life of prostitution, the court may direct the parent or guardian to enter into a recognizance to ex- ercise due care and supervision in respect of such girl. 20. (7) Any police officer, not below the rank of Sub-Inspector or a police officer ora person authorised in this behalf in accordance with rules made by the ![State] Government may take to a place of safety any child in respect of whom an offence punishable under this Act or under Chapter XVI of the Indian_ Penal 788 CHILDREN [1949 : East Pb. Act 39 any other time, order that the child be taken out of the charge and control of the person 50 convicted, committed for trial or bound over and be committed to the care of a relative of the child or other fit person named by the court (such relative or other person being willing to undertake such care) until he attains the age of sixteen years or for any shorter period and that court or any court of like jurisdiction may, of its own motion oron the application of any person, from tirdme to time by order renew, vary, and revoke any such order. _ (2) The court which makes ही order committing a child to the care of a relative or other fit person under this section may require such relative or other person to execute a bond with or without sureties, to be responsible for the good bahaviour of the child and for the obser- - vance of such other conditions as the court may impose for securing that the child may lead an honest and indus- trious life and may further order that the child be placed under the supervision of a probation officer or other person named by the court. 1 (3) If the child has a parentior legal gu‘ard‘ian, no order shall be made under this section unless— (i) the parent or legal ‘guarLiian has been convic- ted of, or committed for trial for, the offence or has been bound over to keep the peace towards the child or cannot be found ; or (i) the court has reason to believe that the parent or legal guardian has either been party or privy to the offence or has by any act or omission facilitated the offence, or is otherwise unfit to have the care of the child: Provided that if the court tLinks fit, it may on such parent or _guardian giving an undertaking with or without sureties in a prescribed form to the court allow such child to remain in the custody of such parent or legal guardian subject to the supervision of a probation officer or other person named by the court.

1949 : East Pb. हि 391 CHILDREN 789 (4) Every order under this section shall be in writing and any ‘such order may be made by the court in the absence of the child ; and the consent of any person to undertake the care of the child in pursuance of any such order shall be taken in such manner as the court may think sufficient to bind him. (5) Where an order is made under this section and the conviction or order binding the person to keep the peace is set aside or the person is acquitted, the order shall forthwith be void except with regard to anything that may have been lawfully done under it. (6) The court may instead of ordering the child to be committed to the care of a relative or other fit person order that the child shall be sent to a certified school. 22. (1) If it appears to a (Judicial Magistrate) duly Warmant to_search for child il empowered under this Act from information on oath (reated. or solemn affirmation laid by any person who in the opinion of the *[Judicial Magistratel is acting in the interests of a child , that there is reasonable cause to sauspect that— (व) a child has” been or is being wilfully ill- treated or wilfully neglected in any place within its jurisdiction in a manner likely to cause the child unnecessary suffering or to be injurious to his health; or (b) that an offence punishable under this Act or under Chapter XVI of the Indian Penal Code, has been or is being committed in respect of the child, the I[Judicial Magis- trate] may issue a summon in the first instance against the person or persons in whose care, custody or control such child 15, to produce forthwith the said child in court, or may issue a warrant authorising any police officer named therein to search for such child and if it is found that he 1Substituted for the word “Magistrate’’ by Punjab Act No. 25 of 1964,

है. CHILDREN [1949 : East Pb. Act 39 has been or is being wilfully ill-treated or neglected in manner aforesaid or that any offence as aforesaid has been or is being committed in respect of the child, to take him to, and detain him in, a place of safety until he can be brought before the ![judi- cial Magistrate], or authorising any police officer to remove the child with or without search , to a place of safety and detain him there until he can be brought before the ![Judicial Magistrate], and the judicial Magis- trate] before whom the child is brought may commit him to thecare of a relative or other fit person in like manner as if the person in whose charge or control he was, had been committed for trial foran offence punishable under this Act: Provided that if the said child is in the custody or control of a parent or guardian who, being a female does not according to the customs and manners of the country appear in public, the I[Judicial Magistrate] shall ordinarily issue a summons and the person to whom such summons is issued shall be deemed to have complied with the sum- mons if instead of personally attending in court she caases the said child to be pro- duced in court. (2) A [Judicial Magistrate issuing a warrant under this section may in his discretion by the same warrant direct that any person accused of any offence in respect of the child he apprehended and brought before him, or direct that if such person executes a bond with sufficient sureties for his attendance before the Y[Judicial Magistrate ] at a specified time and thereafter until otherwise directed by the HJudicial Magistrate], the officer to whom the warrant is directed shall take such security and shall release such person from custody. tSubstituted for the word**Magistarate’ by Punjab Act No. 25 of 1964,

.XLVof( 1860, 1949 : वि: हि. - 391 CHILDREN 791 (3) The police officer executing the warrant shall be accompanied by the person laying the information if such person so desires, and may also , if the '[Judi- cial Magistrate] by whom the warrant is issued, so dir- ects, be accompanied by aduly qualified medical prac- titioner. In any information or warrant under this section the name of the child shall be given if known, 23. (7) If in any case in which an information Compensation foc has been laid by any person under the last preceding section the magistrate, after such enquiry as he may deem necessary, is of opinion that such information was false and either frivolous or vexatious the magis- trate may for reasons to be recorded in writing direct that compensation to such an amount not exceeding one hundred rupees as he may determine be paid by such informer to the person against whom the infor- mation was laid. (2) Before making any order for the payment of compensation, the magistrate shall call upon the informer to show cause why he should not pay compensation and shall consider any cause which such informer may show. (3) The magistrate shall by the order directing payment of the compensation further order that in default of payment the person ordered to pay such com- pensation shall suffer simple imprisonment for a period of thirty days. (4) When any person is imprisoned under sub-section 3) the provisions of sections 68 and 69 of the Indian Penal Code, 1860, shall, so far as may be, apply. (5) No person who has been directed to pay com- ensation under this section shall by reason of such order e exempted from any civil or criminal liability in respect of the information given by him, but any amount paid as compensation shall be taken into account in any subsequent civil suits relating to such matter. 1Substituted for the v?ord“Muglstra'teW“ by Punjib Act No. 25 of 1964, false and frivo- lous or vexatious information.

Twz CHILDREN [1949 : East Pb. Act 30 (6) An informer who hag been ordered to pay com- pensation exceeding fifty rupees may appeal from the order as if such informer had been convicted on a trial ‘held by the magistrate directing the payment of compen- sation. o . | (7) When an order for the payment of compensa- tion is made in a case which is subject to appeal under sub-section (6) the compensation shall not be paid to the person ordered to receive it before the period allowed for the presentation of the appeal has elapsed or, if an appeal is presented, before the appeal has been decided, and where such order is made in a case which is not subject to appeal, the compensation shall not be paid before the expiration of one month from the date of the order. PART V. YOUTHFUL OFFENDERs Bail of chiidren 24. Where a person appgrently under the age of sixteen years is arrested on a charge of a non-bailable offence and cannot be brought forthwith bef. ore a court, the officer-in-charge of the police station to which such person is brought may in any case and shall, unless the charge is one of culpable homicide or any other offence punishable with death or transportation, release him on bail if sufficient security 15 f,ortel}coming unless for reasons to be recorded in writing the] officer believes that such release would bring him into association with any reputed criminal: Provided that when any झा apparently under the age of sixteen years is arrested the off icer-in-charge of a police station who has made the arrest or before Whom the girl <¢ is produced shall release her at once if any person who in his opinion is a sufficient Surety enters into bond for such sum of money as the officer considers sufficient to produce her before the court and to appear in her stead if required at the police station. ~ पटक के childien 25, Where a person apparently under the age of oo’ poscharged i+ teen years having been arrested is not released under arrest. the preceding section or otherwise, the off icer-in-charge of the. police station shall cause him to be detained in the | SR N I e

| T T TR 1949 : East Pb. Act 39] CHILDREN 793 prescribed manner antil he can be brought before 2 court. | 26. (1) Where a child is charged with any offence Attendance at cours or is brought before a court on an application for an of parent ik ‘an order to send him to a certified school, his parent or offence etc. guardian may in any case, and shall, if he can be found and resides within a reasonable distance, be required to . attend at the court before which the case is heard during all the stages of the proceedings, unless the court is satisfied that it would be unreasonable to require his attendance. (2) Where the child is arrested, the officer-in-charge of the police stationto which he is brought shall cause the parent or guardian of the child, if he can be found, to be warned to attend at the court before which the child will appear. ‘ (3) The parent or guardian whose attendance shall be required under this section shall be the parent or guard- jan having the actual charge of, or control over, the child: Provided that if such parent or guardian is not the fdather, the attendance of the father may also be requir- ed. : (4) The aitendance of the parent of a child shall not be required under this section in any case where the child was before the institution of the proceedings re- moved from the custody or charge of his parent by an order of a court. : कक (5) Nothing in this section shall be deemed to 15" quire the attendance of the mother or the female guar- dian of a child if such mother or female guardian does not according to the customs and manners of the country appear in public, but any such mother or female guardian may appear before the court by a pleader or agent. 27, Notwithstandihg anything to the contrary con- Sbeenwnnotmmstha'dtmoany tained in any law, no person who was achild at the date chid. of the commission of the offence shall be sentenced to

s i e 794 ' CHILDRBL [1849 : East Pb. Act 39 death or transported or committed to prison for any offstence or in default of payment of fine, damages or Costs : Provided that » child who is fourteen years of age or upwards may be committed to prison where the court certifies that he is of 50 unruly or of so depraved a character that he js not a fit person to be sent to a cer- tified school and that none of the other methods in which the case may legally be dealt with is suitable, No _ procecdings 28. Not withstanding an thing to the contrary vx“nnderof theChCaopdteer Contained in the Code, nogproceyedings shall be instituted wainsta child. ~ and ng order shall be passed against a child under Chapter VIII of the Code. | Commitment वह 29 (1) Where a child is foiund to have committed fied school. an offence punishable with transportation or imprison- ment the court if satisfied on enquiry that it is expedient S0 to deal with the child may order him to be sent to g certified school. . (2) Where prisr to the coming into force of this Act, a youthfyl offender has been sentenced to trans. portation or 1’mprisonment,the ![State] Government may direct that in liey of undergoing or completing such séntence he shall, if under the age of fourteen years, be sent to a certified school; and there upon the offender shall be subjet to all the provisions of this Act as if he bahd bLeen originally sentenced to detention in such school, Power to order 30 (1) A court may, if it shall think fijt instead of पवन "2 directing any youthful offender to be detained in 3 certi. sommit him to fied school, order him to be— suitablo custody. (@) discharged afrer due adm‘onition, or पके (b) released on probation of good conduct and committed to the care of his parent or guard- ian or other adult, relative or other fit person on such parent, guardian, relative or person executing a bond, with or without sureties, i3 the court may require to be responsible WI Substituted for the word "Provincial” by the Adaptation of Laws Order, 1950

1949 : East Pb. Act 39] CHILDREN 795 for the good behaviour of the youthiul offen- der for any period not exceeding 3 years and for the observance of such other conditions as the court may impose for securing that the youthful offender may lead an honest and industrious life and may further order that the youthful offender released under this clause be placed under the supervision ” of a probation officer (2) If it appears to the court on receiving a report from the probation officer or otherwise, that the offender has not been of good behaviour during the period of his probation, it may, after making such enquiry as it deems fit, order the offender to be detained in a certified school. 31 (1) A probation officer shall be— Aprl’l’gba‘n'm.'mn“‘ oy cers, (दो any person appointed to be a probation officer by the }[State] Government, or (b) any person appointed for this purpose by a society retognised in this behalf by 116 Y State] Government, or (c) when there is no person appointed under clause (@) or (b) any other person appointed from time to time by the court for any par- ticular case subject to the general or special orders of the 1[State] Government. (2) A probation officer, in the exercise of his duties under any supervision order, shall be subject to the control of the District Magistrate of the district in which : the court which passes any order under this Act in कि respect of the child,is situate, 32, A probation officer shall, subject to the rules Diies of proba- made under this Act and to the direction of the court— (वो visit or receive visits from the child or the _ youthful offender 81 suach reasonable in- tervals as may be specified in the order passed 1 Substituted for the “Provincial” by the Adapiation of Laws Order, 1950,

Power to order pa- rent 0 pay fine, etc,, instead of child. 796 CMRLDREN [1049 : East Pb. 3०4 39 एफ the court or, su’bjexctk thereto, as the pro- bation officer may think fit;. (b) see that the relative of the child or the youth- ful offender, as the cass may be, or other per- son to whose care such child or youthful offender is committed, observes the condi- tions of the bond; (¢) report to the court as to the behaviour of the child or the youthful offender, as the case may be; , (d) advise, assist and befriend the child or the youthful offender, and when necessary, en- deavour to find him suitable employment; and | (९) perform any other duty which may be pre- scribed : ! 33 (1) Where a child is found to have committed an offence punishable with fi nble and the court is of opinion that the case would be ' best met by the imposi- tion of a fine, whether with or without, any other punishment, the court may in any case, and shall if the child is under fourteen years of age, order that the fine be paid by the parent or guardian of the child, unless the court is satisfied that the parent or guardian can- not be found or that he has not concuced ‘¢ the com- mission of the offence by mneglecting to exeicise due care of the child. ‘ (2) An order under this section may be made against a parent or guardian, who , having been required to attend, has failed to do so, but save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard. (3) Where a parent or guardian is directed to pay {ine under this section, the amount may be recovered in accordance with the provisions of the Code. =

व . 1949 : East Pb. Act 397 CHILDREN 791 (4) A parent or guardian may appeal against any such order as if the order were 2 sentence passed in pro- ceedings against himself. 34. (1) When a child is found to have commiticd Deteit o रद an offence of so serious a nature that the court is Of crimes हि opinion that no punishment which, under the provisions by children. ' of this Act, it 18 authorised to inflict is -sufficient, the court shall order the offender to be kept in safe custo- dy in such place or a mannet as it thinks fit and report the case for the orders of the 1[State] Government. (2) Nothwithstanding the provisions of section 27, the '[State] Government may order any such child to be detained in such place and on such conditions as it thinks fit, and while so detained the child shall be deemed to be in legal custody : Provided that no period of detention so ordered sha'l exeerd the maximum period of imprisonment to which ‘h - child could have been sentenced for the offence committed. 35. Where a child charged with any offence is tried Meihods of eating by any court , and the court ‘s satisfied of his guilt, the मत With court shall take into consideration the manner in which, °ffenees. under the provisions of this or any other Act enabling the court to deal with the case, the case should be dealt with, namely, whether— : (@) by discharging the offender after due ad- m‘.onition,: or . (b) by committing the offender to the care of his कि parent, guardian, other adult relative, or other fit person on such parent, guardian, relative or peison executing a bond to be te- sponsible for his good behaviour ; OF (८) by 30 dicharging he offender and placing him unaer the supervision of a person named by the ocourt ; of P ः इप्0बपएए 28 for the word “«provincial” by the Ada'ptation of Laws Order, 1950.

798 CHILDREN [1949 - East Pb. Aot 39 (d) by releasing the offender on probation of good conduet : or | (¢) by sending the offender toa cortified Schoof ; or (f) by ordering the offenider to pay a fine : or (४) by ordering the parent or guardian of the offen- der to pay a fine ; or (#) where the offender 15 8 child of fourteen years or upwards to whom the proviso to section 27 applies, by sentencing him to imprison- ment ; or ’ (i) by dealing with the ०456 in any other manner in which it may legally be dealt with - Provided that nothing in ‘this section shall be con- strued as authorising the court to deal with any case in any manner in which it could not deal with the case apart from this section. । [nvestigation of 36. For the purpose of determinig the sentence or character and order which a court ought to pass or make under this credmsancs: part against any person tried by or brought before it,the court shall after recording its finding on the facts of the case, have regard to the character of the person and the circumstances in which he is living as disc lposed by the facts of the case, or, on further enquiry, by any other evidence or information. PART V. PROHIBITION OF PUBLICATION OF NAMES, ADDRESSES OR OTHER DETAILS CONCERNING CHILDREN INVOLVED IN OFFENCES, Veaaley for publish, 37. (1) No report in a.nytl newspapers or news- adiresser - e sheet of any offence by or against a child shall disclose children involved the name, address or schoo » O include any particulars m affencs. caleulated to lead to the identification of any child ng, ®

1949 - East Pb. Act 391 CHILDREN 799 shall any picture be published as being or including picture of any such child. (2) Any person who publishes any report O picture in contravention of the provisions of this section shatl be punishable with imprisonment of either desc- ription for a term not exceeding two months ot with fine ' which may extend to two hundred rupees OfF with ः both. , PART VI MAINTENANCE AND TREATMENT OF PERSONS SENT TO CERTIFIED sCHOOLs OR COMMITTED TO THE CAR OF RELATIVES OR OTHER FIT PERSONS Contribution of 38. (I) The court which makes an order for the parent. detention of a child or youthful offender in a certified school or for the committal of a child or youthful off ender to the care of arelative or other fit person may make an order to the parent or other person liable to main- tain the child or youthful offenter, to contribute to his maintenance, if able to do so in the the pres- cribed manner. (2) The court before making any order under sub- section (1) shall enguire into the circumstances of the parent or other peron liable to maintain the youthful offender or child ard shall record the evidence, if any, in the presence of the parent or such other person as the case may be or, when his personal attendance is di- spensed with, in the presence of his pleader. ® ~ (3) Any order made under this section may from time to time be varied by the court, , (4) The persons liable to maintain a child or youth- ful offender shall for the purposes of sub-section () include in the case of illegitimacy his putative father: Provided that where the child or youthful offender is illegitimate and an order for his maintenance has been made under section 488 of the Code, the court shall not ordinarily make an order for contribution

800 CHILDREN [1949 : East Pb. Act 39 against the putative father byt may order the whole or any part of the payments accruing due under the said order for maintenance to such person or persons as may be named, to be applied by him or them, as the case may be, towards the maintenance of tae child or youth- ful offender. i (5 Any order under this section may be enforced In the same manner as an order under section 488 of the Code. Bcohairdldirncnz oat of 39. The Managers of a certified school to which a : child under the age of eight years is sent may, with the consent of the Chief Inspector, board the child out with any suitable person until the child reaches the age of ten years and thereafter for such longer period, with the consent of the Chief Inspector, as the Managers Consider to be advisable in the interest of the child sub- Ject to the exercise by the Managers of such powers as to supervision, recall, and otherwise gas may be prescribed; and where a child is so boarded out he Shall nevertheless be deemed for the purposes of this Act to be a child detained in the school, and the provisions of this Act shall apply accodingly, subject to such ne- Cessary adaptations as may be made by the State] Government. Placing out on 40. (1) Where a child or youthful offender is de- licence. tained in a certified school, the Managers of the school may, at any time with the consent of the Chief Inspector by licence, permit the child or youthful offender on the conditions prescribed in this behalf to live with any trust- worthy and respectable person named in the licence willing to receive and take charge of him with a view to educate him or train him for some useful trade or calling. | (2) Subject to the prescribed conditions the Chief Inspector may, on the recommendation of the visitors or Managers of a certified school, at any time after the expiration of six months from the commencement of the detention of a youthful offender in a certified school, 1Substituted for the word “Provincial®’ by the Adapration of Laws Order, 1950,

(——HM - East Pb. Act 397 CHILDREN 801 and if satisfied that there is a reasonable probability that the youthful offender will abstain from crime and lead a useful and industrious life, release such offender from the school and grant him a written licence in the prescribed form and on the prescribed conditions, per- miting him to live under the supervision and authority of such responsible person or society approved by the Chief Inspector as may be willing to take charge of the offender. (3) Any licence granted under sub-section (1) or (2) shall be in force until revoked or forfeited by the breach of any of the conditions on which it was granted. (थी) The Managers of the school or the Chief Ins- pector, as the case may be, may at any time by order in writing revoke any such licence, and order the child or youthful offender to return to the school and shall do so at the desire of the person or society with whom or under whose supervision - the child or youthful offender is licensed to live. If the child or youthful offender refuses or fails to return to the school, the Managers of the school or the Chief Inspector, as the case may be, may if necessary, arrest or cause to be arrested, the child or youthful offender and take him or cause him to be taken back to the school. (5) When a licence has been revoked or forfeited and the child or youthful offender refuses or fails to return to the school, the court may, if satisfied by information on oath or solemn affirmation that there is reasonable ground for believing that his parent or guardian could produce the child or youthful offender, issue a summons requiring the parent or guardian to attend at the court on such a day, as may be specified in the summons and to preduce the child or youthful offender, and, if he fails to do so, without rcasonable excuse, he shall, in addition to any other liability to which he may be subject under the provisions of this Act, be punished with a f ine which may extend to fifty rupees. 1Substituted for the word “provincial” by the Adaptation of Laws Order, 1950.

P | 802 CHILDREN [1949 : East Pb. 39 : (6) Where a parent or guardian is directed to pay a fine under this section the amount may be recovered in accordance with the provisions of the Code. (7) The time during which a child or youthful offen- der is absent from a certified school in pursuance of a licence under this section shall be deemed to be part of the time of his detention in the school: Provided that, where a child or youthful offender has failed to return to the school on the licence being revoked or forfeited, the time which elapsed after his failure so to return shall be excluded in computing the time during which he is to be detained in the school. | Fenalty for abetting 41. Whoever— escape of youthful offender or . . s . . child. (a) knowingly assists or induces, directly or in- directly, a child or youthful offender detained in or placed out on licence from a certified school to escape from the school or from any person with whom he is placed out on licence or any child or youthful offender to escape from the person to whose care he is committed under the provisions of this Act; (b) knowingly harbours, conceals, or prevents from returning to school or to any person with whom he is placed out on licence or to whose care he is committed under this Act, a child or youthful offender, who has so escaped, or knowingly assists in so doing; shall be punishable with imprisonment of either des- cription for a term which may extend to two months or with fine which may extend to two hundred rupees, ‘ शक 01 जाए 901, | Period of deten. 42. The period for which a child or youthful offen- tion. der is to be detained in a certified school shall be specified in the order in pursuance of which he is sent there and shall be such period not being less than two years in the case of a youthful offender who at the date of the order is over the age of [ifteen years and three

Iv———-—'————; 1949 : East Pb. Act 39] CHILDREN 803 years in the case of other youthful offenders as to the court may seem proper for his teaching and training but not in any case extending beyond the time when he will, in the opinion of the court,attain the age of eighteen years. 43. (1) The :[State] Government may at any time Pischarge and order a child or youthful offender to be discharged from ' ' a certified school, either absolutely or on such con- ditions as the *[State] Goverment approves. (2) The ![State] Government may order a youthful offender over the age of sixteen years detained in a xiop certified school to be transferred in the interest of dis- 1926. Cipline or for other special reasonsto a Borstal Schoel established under the Punjab Borstal Act, 1926 : Provided that the whole period of the detention of the child or youthful offender shall not be increased by the transfer. (3) Upon the transfer of a youthful offender to a Borstal School under clause (d) of sub-section (2), the provisions of the Punjab Borstal Act, 1926, shall apply to such offender as if he had been originally ordered to be detained in a Borstal Schoo! under that Act. (4) The ![State] Government may at any time in its discretion discharge a chiid from the care of any person to whose care he is committed under this Act, either absolutely or on such conditions as the *[State] Govern- ment approves, and may, if it thinks fit, make rules in relation to children so committed to the care of any person and to the duties of such persons with res- कि pect to such chiidren. 44. (I) The 3[State] Government in consultation Tronsfers ~beiecd with the Managers of any certified school may consent and schools of to the transfer to that school of any person under the age d"'lt.kf_e nature o‘,“ . . f 1 T of eighteen years in respect of whom an order has been indiae made by competent authority in any other part 1Substituted for the word ‘‘Provincial’’ by the Adaptation of Laws Order, 1950.

804 CHILDRLN [1949 : East Pb. Act 39 of India of _the nature of an order under this part directing him to be sent to a certified school or any school of a like nature. | (2) The *[State] Goverment may direct any child or youthful offender to be transferred from any certi- fied schoo; to any school of a like nature in any other part of India in respect of which provision similar to that in the 2[State] of [Punjab] is made by the 1[State] Government of that part under any law in force there- ता: Provided that no child or youthful offender shall be transferred under this section to any other ?[State] without the consent of the Government of that other ?[State]. (3) The 1[State] Government may direct any youth- ful offender detained in a certified school to 0० trans- ferred from that Schoolto a Reformatory Schoolin any other part of India : | Provided that no child or youthful offender shall be transferred under this section to any other ?Z[State] without the consent of the Government of that other 2[State]. (4) The *[State] Government may consent to the transfer to a certified school under this Act, of a youth- ful offender detained in a Reformatory School in any other part of India and upon such transfer the provi- sions of this Act shall apply to such youthful offender. Transfer from one 45. The Chief Inspector may direct any child or gertified school youthful offender to be transferred from one certified to another. schooltoanther: Provided that the total period of detention of the child or youthful offender shall not be increased by such transfer. o - |. 1Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 2Substituted for the word *“Province”’ by the Adaptation of Laws Order, 1950, 3Substtiuted for the words ““East Pun]ab” by the Adaptation of Laws Order, 1950 I

L 1949 : East Pb. Act 39] CHILDREN 805 PART VII CERTIFIED SCHOOLS AND OTHER INSTITUTIONS 46. (I) The *[State] Government may establish Establishment and and maintain industrial schools for the reception of chil- s,ccehrotlollsc.atlon ० dren and youthful offenders. (2) The ![State] Government may certify that any industrial school or other educational institution not established under sub-section (1) is fit for the recep- tion of children or youthful offenders. 47. (I) For the control and management of every Management of school established under sub-section (1) of the preced- OO ing section a Superintendent and a Committee of visi- tors shall be appointed by tie 1[State] Government and such Superintendent and Committee shall be deemed to be the Managers of the school for the purposes of this Act. ' (2) Every school certified under sub-section (2) of the preceding section shall be under the management of a governing body who shall be deemed to be the Managers of the school for the purposes of this Act. 48. (1) The ![State] Government may appoint a Inspection of Chief Inmspector of certified schools and such number schools. of Inspectors and Assistant Inspectors as it thinks ad- visable to assist the Chief Inspector; and every person so appointed to assist the Chief Inspector shall have such of the powers and duties of the Chief Inspector as the State ] Government directs but shall act under the के direction of the Chief Inspector. (2) Every certified school shall, at least once in every six months, be inspected by the Chief Inspector of certified schools or by an Inspector or Assistant Ins- pector: Provided that where any such school is for the re- ception of girls only and such inspection is not made by 1Substituted for the word «“provincial’’ by the Adaptation of Laws Order, 1950

Lowers of Inspec- tors Medical inspection. Power of State Government to withdraw certifi- cate, | 1 | 806 CHILDREN [1949 : East Ph, Act 39 the Chief Inspector the , inspection shall, where practicable, be conducted by a woman. at all times and in al] it departments by the General of Prison ; [Punjab], the Chier Inspector- Inspector or Inspector or Assistant Inspector or by any member of the *[State| Legislature o1 by any member of the 3[Parlia- ment], representing the YState] of [Punjab] or any part of it. | 50. Any registered medical practitioner empowered in this behalf by the [State] Government may visit any certified school at any time with or without notice to its Managers in order to report to the Chief Inspector on the health of the inmates and the sanitary condition of the school: Provided that for the medical examination of g girl inmate the medjcal practitioner shall be 3 woman. S1. The ?[State] Government ir dissatisfied with the conditions, rules, management o superintendence of a certified school, may, at any time by notice served on the Managers of the school, declare that the certi- ficate of the school is withdrawn as from a date speci- fied in the notice and the school shall cease to be a certified school from the date so specified: Provided that the ?[State] Government may, if it thi_nks fit, instead of so withdrawing the certificate, by Provided also that before (16 issue of notice under this section or under the first proviso thereto a reason- able opportunity shall be given to the Managers of the 1 Subm’tued for the words “East Punjab” by the Adaptation of Laws Order, 1950. 2Substituted for the word “Provinciag]” by the Adaptation of Laws Order, 1950, 3Substituted for the words “Central Legislatare” by the Adaptation of Laws (Third Amendment) Order, 1951. ; *Substituted for the word “Province™ by the A"daptatio of Laws Order, 1950, S ——————

T—-——-————-" 1949 : East Pb. Act 397 CHILDREN 807 school to show cause why the certificates shall not be withdrawn or admission to the school shall not be pro- hibited as the case may be. 57, The Managers of a certified school may, on RES&E e o giving six months’ notice in writing to the 1[State] Managers. Government through the Chief Inspector of their in- . tention so to do, resign the certificates of the school and accordingly at the expiration of sixX months from the date of the notice, unless before that time the notice is withdrawn, the resignation of the certificate shall take effect, and the school shall cease to be a certified school. 53. A child oryouthful offender shall not be receiv- Effect of with- ed into a certified school in pursuance of this Act after the drawal Of ertif date of the receipt Dby the Managers of the cate school of a notice of withdrawal of the certificate or after the date of a notice of resignation of the certificate; but the obligation hereinafter mentioned of the Managers to teach, train, lodge, clothe and feed any children or youthful offenders detained in the school at the respective dates aforesaid, shzall, except so far as the 1[State] Go- vernment otherwise directs, continue until the withdrawal or resignation of the certificate takes effect. 54. When a school ceases to be a certified school Disposal of मामा the children or youthful offenders detained therein oornresigwnatiornawoaf shall be, either discharged absolutely, or on such certificate. conditions as the '[State] Government may impose, 07 transferred by order of the 1[State] Government to some other certified school in accordance with the pro- visions of this Act relating to discharge or transfer, as कि the case may 06. 55. The![State] Government may establish auxiliary Auxiliary homes. homes for the reception of any inmates or any classes of inmates of certified schools or may certify any other such home heretofore established or which hereafter may be established by any other agency, and the certificates may be e e — 1 Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950

| .......................... 7... न्मवाड: school and every such home shall, for such burposes as are specified by the ![State] Government, be treated as phardt of the certified school or schools to which it is attg- ched. L ities o 56. The Managers of 4 certified school not es- ' tablished by the | [State] Government may decline to receive any child or youthful offender pbroposed to 96 sent to them in bursuance of this Act, but when they have once accepted any such child or youthful offender, they shall be deemed to have undertaken to teach, train, lodge, clothe and feed him during the whole period for - Which he is liable to be detained in the school, or until the w\ithd]rawal Or resignation of the certificate of the school.- i Ins,pectionfof insti. 57. The 1[State] G,overnm-lent may cause any tiotons for पक Lhistitution for the reception of poor children support- children. ed wholly or partly by voluntary contributions, and not liable to be inspected by or under the authority of any department of the Central or the ![State] Govern- ment, to be visited and inspected from time to time at all reasonable hours, by persons appointed by it for the purpose of securing the health and welfare of the children and the sanitation of the premises. ' |. (2) Any person 50 appointed shall have power to eénter the institution at थी reasonable hours and to make a complete inspection thereof and of all regis- ters relating thereto for the aforesaid purposes, Any person who obstructs him in the execution of his duties, shall be liable on conviction to a fine not exceeding fifty rupees. | ‘ (3) Where any such institution is carried on in accordance with the principles of any particular reli- gious denomination, the I[State] Government shall, if so desired by the Managers of the institutions, appoint, where practicable, a person of that denomination to visit and inspect the institutions. 'Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950 R N D NEERSRI पथ जज ..........................

लिन नि 1949 : East Pb. Act 39| CHILDREN 809 (4) Where any such institution is for the recep- tion of girls only, the inspection shall, where pracucable be conducted by a womar. _ 58. (I) It shallbe the duty of the person in charge Np°tar‘f't11.°cau‘1‘a°r“s o of any institution for the reception of poor children respect to volun- to send the prescribed particulars ~ with respect to the tary o e institution to the ![State] Government within the time the reception of . notified by the 1 State] Government ता. official poor children). Gazette, and to send such particulars in every subsequent year before such date as may be prescribed. (2) If default is made in sending the prescribed particulars with respect to any institution for the re- ception of poor children in accordance with the require- ments of sub-section (1), the person in charge of the institution shall, on conviction, be liable to a fine not exceeding fifty rupees and to a further fine not exceeding ten rupees in respect of each day during which the default continues after conviction. 4 59. (DIf the [State ] Government is satisfied that Control over insti- the management of any institution for the reception of tulions for €8 . . . ption of poor children or the accommodation provided for, O poor children. the treatment of the children therein, is such as to endanger their welfare, it may serve upon the person responsible for the management of the institution such general or special directions with respect to the matters aforesaid, or any of them, as it thinks expedient, for the welfare of the children in the institution. (2) A direction under this sub-section— (@) may be served on the persons responsible for . ' , the management of the institution by being delivered personally to any one of them, or by being sent, by post or otherswise, in a letter addressed to them or any of them at the institution; (b) may 06 varied by a subsequent direction, or withdrawn by the 1State] Government. 1Substituted for the word ‘ ‘Piovincial” by the Adaptaticn of/”// Lews Order, 1950

| 810 a YJudicial Magistrate of the first class] havi may, on the complaint of any person appointed for the burpose by the 2[State] Govern.ment, cause _ > and after the enquiry may, if the court thinks fit, make an order for the removal .‘ of all children from the institution - Provided that— (a) Such an order shall not be made unless the Court 1s satisfied that the welfare of some of the children is endangered; (b) the court may, if it thinks fit, order that the management shall pe deemed to be modified to such extent 85 may be specified in the order and the direction shall have effect accordingly. order, and to any police officer empowered in that behalf, to enter the institution and to remove the children therein to 2 place of safety; and where any bersons are so removed, it shall be "the duty of the authority to maintain them in a place of safety until they can be restored to their relatives, or until other arrangements have been made with respect to them., (5) Where an order has been made for the removal | of all children from an institution for the reception of ः pboor children, the 1'n#titution shall not be again uysed for the reception of children withoyt the consent of the *[State] Government, and any person who knao: ingly —_— o - IS4.ubstituted for the words “Magistrate of the First §* by Punjab Act No. 25 of 1964, *Substituted for the word “Provincia/yfh/l” bythe Adaptation of Laws Order, 1950, - 3Substituted for the words “Such -Magistrate” by Punjab Act No. 25 of 1964, /’

1949 : East Pb. Act 39] CHILDREN 811 permits it to be so used shall, on conviction, be liable to a fine not exceeding fifty rupees and to a further fine not exceeding ten rupees in respect of each day during which the user continues after conviction. PART VIII Juvenile Courts 60. (/) The 1[State] Government 2[in Consulta- Juvenilecourt:. tion with the High Court] may provide for the estab- lishment in any area of one or more separate courts ~presided preferably by women 3[Judicial Magistrates] for the conduct of proceedings under this Act at which the attendance of a child is required and may confer pow/er ' on such courts: - Privided that where a child is accused of an offence triable jointly with any other person not bei a child, nothing in this sub-section shall dfi’(tmfec f be deemed to affect the powers of the court, to_—-try such other person under any other law for }/tfthme being in force. - (2) Where no sufich separaté court has been estab- lished the court befonOl_._rew' achild isbrought shall, even if the child is tri6d jointly with any other person not /\/m(d/flbeing a chil enever practicable, sit either in a different bujlding or room from that in which the ordinary sittings the court are held or on different days ot at-different times from those at which the ordinary /' ings are held. 61. No person shall be present atany sitting of a qufvoe"nell‘de“foum."“ juvenile court, or the court where a child is brought under the provisions of this Act except— (दो members and officers of the court; (b) parties to the case before the court, their solicitors and counsel, and witnesses and other persons directly concerned in that case ; 1Substitnted for the word “Provincial’ by the Adaptation of Laws order, 1950 zAdded by punjab Act No 25 of 1964, . sSubstituted for the word ¢ Magistrate ** by Purjab Act Nc. 25 of 1964.

————p 812 CHILDREN [1949 : East Pb. Act 39 (¢) bonafide representatives of newspapers or news agencies; (d) such other persons as the court may specially authorise to be present. Restrictions on 62. (I) Subject as hereinafter provided, no news.- ports of procecs. PAPET report of any proceedings in a juvenile court shall ingsin Juvenile reveal the name, address or school, or include any parti- Courts. culars calculated tolead tothe identification, of any child or young persomn, concerned in those proceedings, either as being the person against or in respect of whom the pro- ceedings are taken or as being a witness therein, nor shall any picture be published in any newspaper as being or including a picture of any child” or young person so con- e cerned in any such proceedings as aforesaid T ™~ . Provided that the court may, in any case, if satisfied that it is in the interests of justice so to do, by order dis- pense with the requirements of this section to such extent as may be specified in the order. (2) Any pers“onwhvo publishes any matter in contra- vention of this section shall on conviction be liable in res- pect of each offence to a fine not exceeding two hundred rupees. PART IX Miscellaneous Presumption and 63. (1) Whenever a 6801, whether charged with Ggermieation ofan offence or not, is brought before any criminal court - otherwise than for the purpose of giving “evidence, and it appears to the court that he is a child, the court shall make due inquiry as to his age and for that purpose shall take such evidence as may be forthcoming at the hearing of the case , and shall record a finding thereon, stating his age as nearly as may be. | . (2 An order or judgement of the court shall not be invalidated by any subsequent proof that the age of such person has not been correctly stated to the court, and the age of the person so brought before it shall, for the pur- poses of this Act, be deemed to be the true age of that

W ले 1949 : East Pb. Act 39] CHILDREN 813 person and , where it appears to the court that the person so brought before it is_of the age of sixteen years or up- wards, the person shall for the purposes of this Act be deemed not to be a child. 64. (1) In determining the certified school to which व 85... 10 a child or youthful offender is_to be sent under this Act, =0 . the court shall ascertain the religious denomination of the child or youthful offender and shall, if possible, select a schoolin which facilities are afforded for instruction in his religion. (2) In determining on the person to whose care a child shall be committed under this Act, the court shall as- certain the religious denomination of the child and shall, if possible, elect a person of the same religious denomina- tion or a person who gives such undertaking as seems to the court sufficient that the child will be brought up in accordance with the religion of the child and such religion shall be specified in the order. (3) In any case where a child has been committed pursuant to any such order to the care of ¢ person who is not of the religious denomination of the child or who has not given such undertaking as ‘aforesaid, the court which made the order or any court of like jurisdiction shall, on the application of any person in that behalf and on being satisfied that a fit person of the religious denomination of the child or one who is prepared to give such undertaking as aforesaid is willing to undertake the care of the child, make an order committing the child to the care of such fit person. (4) When a child is sent to a certified school in which कि facilities for instruction in his religion are not afforeded or to a person who does not give an undertaking thaf the chitd entrusted to him will be brought up in his religion (for want of a ceritfied school or person of the religion of the child) the court shall take an undertaking from such school or such person that the child shall not be brought up in any religion other than his own. (5) Where a child is boarded out, or where a child or youthful offender is permitted by licence to live with any other person, the Manager of the school shall select for

लय कमा... कक Conmittal to था approved place of a child suffering from venereai or tubercular disease. Prohibition againgt children being present in court uring trial of other person 814 CHILDREN [1949 : East Pb. Act 39 this purpose, a person of the same religion as the child or youthful offender , as the case may be, if such person is available, and if no such person is available then g per- son who gives a satisfactory undrtaking that the child or youthful offender shall be brought up in accordance with the religion of such child or youthful offender, and if no such person is available, then another person who gives an undertaking that the child shall not be brought up in any religion other than his own. (6) When a child has been committed to the care of a person who gives an undertaking as aforesaid but the undertaking is not observed, the child shall be liable to be removed from the care of such person and dealt with ac- cording to the provisions of sub-section (3) of this sec- tion. ः (7) Whenever any person interested in the religion of the child is informed of any attempt at conversion or tampering with his religion he may apply to the court for an enquiry, and the court on being so satisfied may issue an order removing the said child from the custody of such institution or person and hand over the custody to another fit person or institution. 65. When a child who has been brought before a Magistrate under any of the provisions of this Act is found to be suffering from'leprosy or a venereal or a tubercular disease the Magistrate if satisfied that medical treatment is necessary and that the child will not otherwise get such treatment may commit the child to a place prescribed in this behalf by the ![State] Government for such period as he may think necessary and may from time to time extend the said period. 66. ' No child (other than an infant in arms) shall be permitted to be present in court during the trial of any other person charged with an offence or during any pro- ceedings preliminary thereto, except during such time as his presence is required as a witness or otherwise for the purposes of justice ; and any child present in court when under this section he is not to be permitted to be so shall be ordered 10 be removed : Provided that this seciion shall not apply to messengers, clerks, and other persons required to attend at any court for purposes conne:ted with their employment. 1Substituted for the word “Provincial” by the A word ““Provincial”’ by the Adapmtion दा Laws Order, 1950, -

किक मकान हे न व कै 1949 : East Pb. Act 39] CHILDREN 815 to clear 67. (1) Where in any proceedings in relation to an Power = to. &¢ ff . court while child offence against, or any conduct contrary to, decency OI is giving evidence morality, a person who, in the opinion of the court, is a in certain cases. | child iscalled as a witness, the court may direct that allor ’. any persons, not being members or officers of the court | or parties to the case or their counsel or persons otherwise ; directly concerned in the case, be excluded from the court | ‘ during the taking of the evidence of that witness: Provided that nothing in this section shall authorise the exclusion of bonafide representatives of a newspaper Or news agency. (2) The power conferred on acourt by this section shall be in addition and without prejudice to any other powers of the court to hear proceedings in camera. 68. (D) Inrelation to any proceedings in any court Power to prohibyt . . ff ८ . ublicatio which arise out of any offence against, or any conduct con- Deain matter of trary to, decency or morality, the court may direct that— newspapers. (d) no newspaper report of the proceedings shall reveal the name, address, or school, or include any particulars calculated to lead to the identi- fication of any child concerned in the proceed- ings, either as being the person against orin respect of whom the proceedings are taken, or as being a witness therein; (b) no picture shall be published in any newspaper as being or including a picture of any child so concerned in the proceedings as aforesaid ;ex- cept in so far (if at all) as may be permitted ‘ by the direction of the court. (2) Any person who publishes any matter in contra- vention of any such direction shall on conviction be liable in respect of each offence toa fine not exceeding two hundred rupees. 69. When achild is found tohave committed any Removal of dis- offence, the fact thathe has been so found shall not have duibeaton oo XLV any effect under section 75 of the Indian Penal Code, or victions for 1ofs section 565 of the Code or operateasa disqualification for offences. office or election under any law

el w—-————w—-————-——“ 816" CHILLREN [1949 : East Pb. Act 39 Control of gusto- 70. Any person to whosecare a child is committed dian ' under the provisions of this Act, shall, while the order is inforce, have thelike control over the child asif he were | his parent, and shall be responsible for his maintenance, ं and the child shall continue in his care notwithstanding *‘ that heis claimed by his parents or any other psrson. ल्‍ Bonds taken under 71. The provisions of Chapter XLII of the Code, Actvof1898. shall, so far as may be, apply to bonds taken under this Act, Appeal, 72. (I) An appeal from an order made by a court = under sections 8, 9, 10, 11, 12, 15, 16, 17, 18, 21, 34, 38, 40, 1 or 64 shall lie — | (a) if passed by a Juvenile Court or by a Y Judicial Magistrate of the second class] while not acting as a_Juvenile Court, to the ?[Chief Judicial Magistrate]; | (6) if passed by a 3[Judicial Magistrate]of the first class while not acting as a Juvenile Court, to the Court of Sessions; and | | (c) if passed by the Court of Sessions, to the High Court. (2) No appeal shall lie fron41 any order passed in any such appeal. | (3) Any order passed und‘.er the provisions of this Act and not subject to appeal under sub-section (1) may be revised by the High Court. S - Power to amend 73, Without prejudice to the powers of courts of ap- racrs. peal and revision, any custody order, supervision order 13ubstituted for the words *“Magistrate of the Second or Third Class” by Punjab ) Act* No 25 of 1964. *Substituted for the words *‘District Magistrate’” by Punjab Act No. 25 of 1964, 3Substituted for the wora*‘Magistrate’ by Punjab Act No, 25 and 1964, o |

लि... अ ं 1949 : East Pb. Act 39] CHILDREN 817 or probation order may be amended by the Court which made the order in respect of the person named as custo- dian , supervisor or probation officer, the period of duration and such matters as may be prescribed. 74. (1) The 1[State] Government may make rules Rulos. for the purpose of carrying into effect the provisions of this Act. शक (2) In particular, and without prejudice to the generali- ty of the foregoing, such rules may be made with regard to-- (¢) the establishment and maintanance of certi- fied schools, and auxiliary homes and_the cer- tification of schools as certified schoolsand of auxiliary homes; : (b) the management of certified schools and auxi- liary homes; (¢) the appointment of visitors and their tenure of office; (4) the inspection of certified schools; (¢) the maintenance, education and industrial train- ing of the inmates of certified schools; (f) the conveyance of youthful offenders and child- ren to certified schools; (g) the grant of permission to the inmates of certi- fied school to absent themselves for short periods; - ' (k) visits to and communications with the inmates जि of certified schools; (i) the punishment of offences committed by the inmates of certified schools; (j) the inspection of the institutions referred to in sections 57, 58 and 59; tSubstituted for the word **Provincial” by the Adaptation of Laws Order, 1950.

o T T 1 | | 1 818 CHILDREN [1949 : East Ph. Act 39 (k) the manner of detention of children under arrest or remanded or committed for trial; (m) the persons who may be authorised to act under section 8 or 20; (») the manner in which a child may be committed to the care of a relative or othep fit person, and the duties of such persons and the supervision of such children; (o)the conditions subject to which a youthful offen- der may be released on licence under sub- section (1) of section 40 and the form and conditions of such licence; (») the manner in which 3 youthful offender may be released on probation; (g) matters incidental to the appointment, resigna- tion and removal of probation officers and the remuneration and expenses payable to them; (r) the duties of probation officers; (s) the conditions on which societies may be re- cognised by the 1 State] Government for pro- viding probation off icers; () the contribution by parents and other persons liable to maintajn youthful offenders and child- ren; (घ) the boarding out of chilciren and the licensing and supervision of children and youthful of. fenders and the submission of reports regard- ing them; (v) the procedure to be adoptl'ed in Juvenile Courts: and Wlswstitutd for the word ‘Provincia,*” by the Adaptation of Laws Order, 1950,

1949 : East Pb. Act 39] CHILDREN : : 819 (w) the time within which appeals under section 72 shall be filed. (3) The power to make rules under this Act shall be subject to the condition of previous publication and to the further condition that the rules so made— (@) shall be laid before thei[State Legislative Assem- bly] for one month previous to its next session; (b) shall be liable to be modified or annulled bya resolution of the *[State Legislative Assembly] at the said next session. % 75. The Apprentices Act, 1850, is hereby repealed. 1850 1Substituted for the words “Provincial Legislature by the Adaptation of Laws (Third Amendement) Order, 1951. 888 1.R—Govt. Press, Chd. Repeals.