Assam act 012 of 1971 : The ASSAM CHILDREN ACT, 1970

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  • Health and Family Welfare Department
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(2) This section shall remain in force till the 31st day ot March, 1971:

Provided that the expiration shall not affect- {a) the previous operation of, or anything duly done or suffered under this section ; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under this section; or

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against this section ; or

( d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligatio,1, liability, penalty, forfeiture or punishment as aforeaaid;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or puni~hment may be imposed as if this section had not !:xpired.

Repeal and 3.(1) The Assam Agricultural Income-tax Ordinance saving. (Amendment) Ordinance, 1971 is hereby repealed. of 1971.

(2) Notwithstanding such repeal, anything done or any action taken under the Assam Agricuitural Income-tax (Amendment) Ordinance, 19 71, shall be deemed to tave been done or taken under this Act as if this Act has commenced on the second day of January, 1971 (the date of promulgation of the Ordinance).

ASSAM ACT XII OF 1971

THE ASSAM CHILDREN ACT, 1970

(Received the assent of the President on the 20th April, 1971)

Published in the Assam Gazette, Extraordinary, dated the 28th April 1971]

An Act to provide for the care, protection, maintenance, health, welfare training, education and rehabilitation of neglected or delinquent children and for the trial of delinquent children in the State of Assam

Preamble. Whereas it is expedient to provide for the care, protection, maintenance, health, welfare, training, education and rehabilitation of neglected or delinquent children and for the trial of delinquent children in the State of Assam ;

it is hereby enacted in the Twenty-first Year of the Republic of India as follows:-

CHAPTER I

PRELI MINAR\' Short title, 1 (1) This Act may be called the Assam Children exteat and '

eommencc- .Act, 1970.

meat.

(2) It extend~ to the whole of the State of Assam.

(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint and different dates may be appointed for different areas of the State.

Definition; 2. In this Act, unless there is anything r"pugnant in the subject or context:-

(a) "Begging" means begging as defined in the Assam Act Assam Prevention of Begging Act, 1964 ; XVIII of

1964.

(b) "Board" means a Child Welfare Board con· stituted under section 4 ;

(c) «Broiflel", "Prostitute", "Prostitution' · and

"Public Place" shall have the meanings respectively assigned to them in the Sup- Central Act pression of Immoral Traffic in Women 104 of 1956. and Girls Act, 195'.J ;

(d) "Child" means a boy who has not attained the age of sixteen years or a girl who has not attained the age of righteen years ;

(e) "Children's Court" means a court constitu· ted under section 5 ;

(f ) "Children's Home'' means an institution established or certified by the State Government under section 9 as a Chil- dren's Horne ;

2

I (g)

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"Competent authority" means, in relation to neglected children, a Board constitu· ted under section 4 and, in relation to delinquent children a Children's Court constituted under section 5, and wh~ no such Board or Children's Court has been constituted , includes any Court empowered under sub-section (2) of section 7 to exercise the powers confer. red on a Board or Children's Court ;

(h) "Dangerous drug" shall have the meaning 2

of

1930• assigned to it in the Dangerous Drugs Act, 1930 ;

(i) "Delinquent Child" means a child who has been found to have committed an offence ;

( j) "Guardian" in relation to a child, includes any person who, in the opinion of the competen t authority having cognizance of any proceeding in relation to a child, has, for the time being, the actual ch:arge of, or control over, that Child ;

~ k) "Neglected Child" means a Child who•-

(i) is found begging ; or

(ii) is found without having any home o::-

settlecl place of abode or any ostensible means of subsisteIJce or is found des- titu1 e; whether he is an orphan or not; o;;

(iii) has a parent or guardian who is unfit to exercise or does not exercise proper care and control over the child ; or 11v) lives .in a brothel or with a prostitute or frequently goes to any place used for the purpose of prostitution, or is found to associate with any prostitute or any other p~rson who leads an immoral, drunken or depraved life.

(I) "Observation Home" means any institution or place established or recognised by the State Government under section 11 as an Observation Home ;

_s.

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67

(m) "Offence" means an offence punishable under any law for the time being in force, ; 1 n \ "Prescribed" means prescribed by rules made under this Act ;

"Probation Officer" means an Officer ap-(o) pointed as a Probation Officer under this 20 of l95S. Act or under the Probation of Offenders Act, 1958 ;

(p) "Special School" means an institution established or certified by the State Government under section 10 :

\q) "Supervision", in relation to a child placed under the care of any parent, guardian or other fit person under this Act, means the supervision of that child by a Probation officer for the purpose of ensuring that the child is properly looked after and that the conditions imposed by the competent authority are complied with ;

(r\ all words and expression used but not defin- ed in this Act and defined in the Code of Criminal Procedure, 1898 shall have the meanings assigned to them in that Code. Gont~nua~ion 3. Where an inquiry has been init;ated against a ?f mquiry child and during the course of such inquiry the child

•n respect b h h · h d. h. of Child ceases to e sue , t en, notw1t sta.n mg anyt rng con· who has tained in~this Act or in '.l.ny other law for the time ceased t? being in force, the inquiry may be continued and_ orders be a child. may be made in respect of such person as if such

person had continued to be child.

CHAPTER II

COMPETENT AUTHORITIES AND INSTITU-

TION FOR CHILDREN

Cluld Wei · 4. (1) The State Government may, by notification fare Boards. in the Official Gazette, constitute for any area speci- fied in the notification, one or more Child Welfare Boards for exercising the powers and discharging the duties conferred or imposed on such Board in relation to neglected children under this Act.

(2) Board shall consist of a Chairman and such other members as the State Government thinks fit to appoint, of whom not less than one shall be a woman; 5 of 1898.

Chifdren's Courts.

68

and every such member shall be vested with the powers of a Magistrate under the Code of Criminal 5 of l

(3) The Board shall function as a Bench of Magis- trates and shall have the powers conferred by the Code of Criminal Procedure, 1898, on a Magistrate 5 of 1898. of the First Class,

5. (1) Notwithstanding anything contained in the Code of Criminal Procedure ,1898, the State Govern- 5 of 1898. ment may, by notification in the Official Gazette, con- stitute fnr any area specified in the notification, one or more Children's Courts for exercising the powers and discharging the duties conferred or imposed on such court in relation to delinquent children under this Act.

(2) A Children's Court shall consists of such number of Magistrates forming a Bench as the State Govern-

. ment thinks f:tt to appoint, of whom one shall be deaig- nated as the Senior Magistrale and not less than one shall be a woman: and every such Bench shall have the powers conferred by the Code of' Criminal Procedure, 5of1958. 1898, on a Magistrate of the First Class.

Proc~dure, 6. (1) In the event of any difference of opinion among etc._, m rela · the members of a Board or among the Magistrates of tion to Ch'ld ' C h · · f h · · h 11 Boards and a 1 ren s ourt, t e op1111on o t e maJOr1ty s a Children's prevail, but where there is no such majority, the

Courts. opinion of the Chairman or of the Senior Magistrate,

as the case may be, shall prevail.

(2) A Board or Children's Court may act notwith- standing the absence of any member of the Board or, as the case may be, any Magistrate of the Children's Court and no order made by the Board or Children's Court shall be invalid by reason only of the absence of any member or Magistrate, as the case may be, during any stage of the proceeding.

(3J No person shllll be appointed as a mernbe1 of the Board 01 as a Magistrate in the Children's Court unless he has, in the opinion of the State Government special knowledge of child psychology and child welfari:.

7. (1) Where a Board or a Children's Court has been constituted for any area, such Board or Court shall, notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided m this Act, have power to oeal exclusively with all pro-.eedings under this Act relating to ne~lected children cir delinquent children, as the case may be.

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(2) Where no Board or Children's Court has been constituted for any a 1 ea, the powers conferred on the Board or the Children's Court b y or under this Act 1hall be exercised in that area, only by the following, namely:-

(a) the District Magistrate; or (b)' the Subd ivisional Magistrate ; or (<') any Magist ra te of the First Class. (3 ) T he powers conferred on the Board or Chil· dren's Cour t by c·r l\Dder this Act may also be exercised by the High Court and the Court of Ses,ion, when the proce.: ding comes before them in appeal, revision or otherwise.

Proceaure 8. ( !) 'When any M agistrate not empowered to t~ b~ fol~w- exercise the powers of a Board or a Child ren's Court ~istraie n~~ under th is :\ct is of opinion that a person brought empowered be fore him under any of the provisions of this Act under this (otherwise than for th :'! purpose of ~iving evidence) is a Act. chil d, he shall rt cord such opinion a nd forward the child and the record of th e p roceeding to the

competent authority having j u.r i.sdiction over the

proceeding.

(2) The competent a uthority to which the pro. ceeding is forwarded under sub-section (1) shall hold the enquiry as if the child had originally been brought before it.

c hi1dren'1 9. (I ) T he Sta te Government may establish and Homes. maintain as many Chilrlren's H omes as may be necl'S• Sary for the reception of neglected children under this Act.

(2) Where th e State Government is of opm10n that an y I nstitu tion other than an Institu tion esta· b lished u nder sub-section (1 ) is fi t fo r the reception of t l1e neglected cbildrt:n t o be sen t t h t.re under th is Act , it ni.ay certify such Institution as a Children 's H ome for the purposes of this Act.

(3) E \·ery Ch ildren's Home to which a neglected child is sent under this Act shall not only provide the child with accommodation, ma intenance and faci li- ties for education , protection-and prorr: otion of healt 'i , bu t a lso provide him with faci lities for the develop• ment ofhis cha1ac ter and abi lities a nd g ive him necessary training for pro tect ing himself against mor;,.l dangers or exploitation mid shall also perform such other functions as may be prescribed,

(

Special Rchoola.

70

(4) The State Government may, by rules made under this Act , provide for the management of Chil- dren's Homes and the circumstances under which, and · the manner in which, the certificate of a Children's Home may be granted or withdrawn.

10. ll) The State Government may establish and maintain as manv Special Schools as may be necessary for the reception of delinquent children under this Acf,

(2) Where the State Government is of opinion

. that any Institution other than an Institution e~ta· bfohed under sub-section (1) is fit for the reception of the delinquent children t o be sent there under this Act, it may certify such Institu.tion as a Special School for the purposes of this Act.

(3) Every Special School to which a delinquent child is sent under th is Act shall not only provide the child with accom moda tion , m >intenance and facili- ties for the ed uca ti0n, pr0 tec1ion and promotion of health Liut also p rovide him with facilities for the development of his character and &bilities and give him neces~ary training for his reformation and shall .i.lso perform such uth er functions as may be pres· cribed.

(4) The State Government may, by rules made under this Act, provide for the management of Spe· cial Schools and the circumstance> under which, and the manner in which, the certificate of a Special School 'llay be granted or withdrawn. < > Lservation 11. ( l) The State G 0vernment niay establish and 11omes. maintain as m 1ny Observation Homes as may be necessary for the temporary reception of children during the pc:ndency of any inquiry regarding them under this Act.

(2) Where the State Government is of opinion that any inslitutiun other than an instit1ition e~tabli- shed uncler sub-sectim (l ) is fit for the temporary reception of children during the pendency of any inquiry regarding them und er this Act, it may recog· nise such ins titution a s an Observation Hcrr;e for the purposes of this Act.

(3) Every Observation Home to which a child is sent under this Act, shall net only p rovide the child with accommodation, mai11tenance and facilities ior medical examinati cn and t reatment, bu t also PNvide him with facilities for usefol occupation. ( 4.) The State Government may, by rules made

\IDder _ ~his Act, provide for the management of

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..

After-Care Organ i sa- tion.

7i

Observation Homes and the circumstances under whichand the manner in which, an institution may be recognised as an Observation Home or the recogni- tion may be withdrawn.

12. (1) The State Government may, by rules made under this P.ct, provide for the establishment or re· cognition of After-care Organisatious and may vest them with such powers as may be necessary for effec· tively carrying out their func tions under this Act.

(2) Every such organis :i tion shall take care of the children when t hey leave Children's Homes or · Special Schools and shall, for the purpose of enabling them to lead an honest, industrious and useful life, take all such measures as it may deem necessary or as may be prescribed.-

CHAPTER III

NEGLECTED CHILDREN

Production 13. (1) If any pol ice offi cer or any other person of ne~Iect- authorised bv th,; State Government in this behalf, ed children b l - · 1 d · f · · } b e f 0 e y genera or spec1a or er, 1s o op1mon t 1at a person Board;, is apparently a neglected child, such police officer or

other person may take charge of tint person for bring•

ing him before a Board.

(2) When information is given to an officer-in· charge of a police station about any neglected child found within the limits of such station , he ~ha II enter in a book to be kept for th~ purpose the substance of such information and take such action thereon as he deems fit and if such officer does not propose to take charge of the child, he shall forward a copy of the entry made to the Board.

(3) Every child taken charge of under sub-sec· tion (1) shall be brought before the Board within a period of twenty-four hours of such charge taken excluding the time necessary for the journey from the place where the child had been taken charge of to the Board.

(4) Every child taken charge of under sub .. section ( J) shall unless he is kept with his parent or guardian, be sent to an Observation Horne (but no't rn a police station or jail) until he can be brought before a Board.

Spedcial probe· 14. (1) If a person, who fo the opinion of the cc ure to 1· ffi h h . d . 1 d fo 1 low e d po ice o cer or t e aut onse person 1s neg ecte when neg- child, has a parent or guardian who has the actual

lected child charge of, or control over the child, the police officer has parent. or the auth01ised person may, instead of taking charge of the child, make a report to the Board for initia~ing

an inquiry regarding that child,

8

(2) On receipt of a report under sub-section ll), the Board may call upon tbe parent or guardian to produce the child before it and to show cause why the child should not be dealt with as a neglected child under the provisions of this Acl and i,f it appears to the Board that the child is likely 10 be removed from its jurisdiction or to be concealed, it may immediately order his removal (if necessary by issuing a search warrant for the immediate production of the child) to an Observation Home.

Inquiry by

Board re- 15. ( 1) When a person alleged to be a neglected child garding n~g- is produced before a Buard, it shall exam.ine the ~cted chi!- police officer or the authorised person who brought ren. the child or made the report and record the substance of surh examination and hold the inquiry in the prescribed manner and may make such orders in relation to the child as it may deem fit.

(2) Where a Board is satisfied on inquiry that a child is a neglected child and that it is expedient so to deal with !tim, the Board may make an order directing the child to be sent to a Children's Home for the period until he ceases to be a child :

Provided that the Board may, for reason to be recorded, extends the period of such stay, but in no case the period of stay shall be extended beyond the time when the child attains the age of eighteen years, in the case of a boy, or twenty years, in the case of a girl:

Provided further that the Board may, if it is satisfied that having regard to the circumstances of the case it is expedient so to do, for reasons to be recorded, reduce the period of stay to such period as it thinks fit.

(S) During the pendency of any inquiry regarding a child, the child shall, unless he is kept with his parent or guardian, be sent to an Obsenation Home for such period as may b:: specified in the order of the Board: ·

Provided that no child shall be kept with his pareflt Or guardian, if, m the opinion of the Board, such parent or guardian is unfit to exercise or does not exercise proper care and control over the child. c~!':ft n::. 16.-(1) If t~e Board so thinks fit, it may, instead 0( lected child making an order under sub-section (2) of section 15 to suitable for sending the child to a Children's Home, make ~ustody. an ordev placing the child under the care of a

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p!!rent, guardian or other fit person, on such parent, guardian or fit permn executi ng a bond witl:l ~ or without surety to be responsible for the good behaviour and well-being of the child and for the observance of such condition as the Board may think fit to impose.

(2) At the time of making an order under sub- section (1 l or at any time subsequently, the Board may, in adoition m ake an order th at the child be placed under supervision for any period not exceeding three years in the first instance.

(3) Notwithstanding anything contained in sub- section ( 1) or "" i '.section (2), if at any time it appears to the Board, on receivin g a report from the probation officer or otherwise, that there has been a breach of any of the conditions imposed by it in respect of the chi ld, it may, after making such inquiry as it deem fit, order the child to be sent to a Children's Home.

Uncontrol- 17. Where a parent or guardian of a child com- able children plains to the Hoard that he is not able to exercise proper care and control over the child and the .Board is satisfied on inquiry that proceedings under this Act should be initiated regarding the child, it may sent the child to an Observation Home and make such further inquiry as it may deem fit and the pro· vision$ of section 15 and section 16 shall, as far as may e be, apply to such proceedings.

CHAPTER IV

DELINQUENT CHILDREN

Bail and 18. ( 1) When any person accused of a bailable or custodv of non-bailable offence and apparently a child is arrested children. .or detained or appears or is brought before a Children's Court, such person shall, notwithstanding anything contained in the Code of Criminal

Procedure, 1898, or in any other law for the 5 of 1898 time being in force, be released on bail 'A-ith or with- out surety but he shall not be so released if there appears reasonable grounfls for believing that the release is likely to bring him into association with any reputed criminal or expose him to moral danger or that his release would defeat the ends of justice.

(2) When such person having been arrested is not released on bail under sub-section (I ) by the Officer-in-charge of tht> Police Station, such officer shall cause him to be kept in an Observation Home in the prescribed manner (fiut not in a P.olice Station or Jail) until he ran be brought before a Children's Oourte

(3) When such person is not released on bail under sub-section (I) by the Children's Court, it shall, instead of committing him to prison, make an order sending him to an Observation Home for such period during the pendency of the inquiry regarding him as may be ~pecified in the order.

Informa. 19. Wh ere a child is arrested the Officer-in-charge tion to pa- of the Police Station to which the child is brought 1 e ndt. 0 r shall, as soon as may be after the arrest, inform- guar 1an or

probation

officer. (a) The parent or gc1ardian of the child, if he can be found, of such arrest and direct

him to be present at the Children's Court

before which the child will appear ; and

(b) the probation officer of such arrest in order to enable him to obtain information regarding the antecedents and family history of the child and other material circumstancts likely to be of assistance to the Children':> Court for making the enquiry.

Inquiry by 20. Where a child having been charged with an Childre n'5offence appears or is produced before a Children's ~i~~rt ~~~;~."Court, the Children's Court shall hold the enquiry in quent chil- accordance with the provisior.s of section 39 and may, drca. subject to the provisions of this Act, make such order in relation to the child as it deems fit.

Orders that 21. (1) Where a Children 's Court is sa tisfied on be p~sed re- inquiry that a child has committed an offence, then, g.ardmg dhe~ 1 notwithstanding anything to the contrary contained lmquent c 1 •• h 1 r h · b · · r h dr.a m any ot er aw 1or t e time em,g m 1orce, t e · Children's Court may, if it so thinks fit-

( a ) allow the child to go home after advice

or admonition ;

(b) dll'ect. the child to be released on probation of good conduct anci placed under the care of any parent, guardian or other fit person on such parent, guardian or other fit person executing a bond, with or without surety as that court may uquire, for the good behaviour and well-being of the child for .any period not exceeding three years ;

(c) make an order directing the child to be sent to a Special School-

(i) in the case of a boy over fourteen years of age or of a girl over sixteen years of age, for period not le~s than three years;

(ii) in the case of any other child, for the p~riod until he ceases to be a child;

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Provided that the Children's Court may, if it is satisfied that having regard to the nature of the offence and the circumstances of the case it is expedient so to do, for reasons to be recorded, reduce the period of stay to such period as it thinks fit:

Provided further that the Children's Court may, for reasons to be recorded, extend the period of such stay, but in no case the period C'f st<1.y shall ext end beyond the time when child attains the age of eighteen years, in the case of a boy, or twenty years, in the case of a girl;

(d) order the child to pay a fine if he is over fourteen years ot age and earn money.

(2) Where an order unde r clause (b) or clause ( d) cf sub-section (1) is made, the Children's Court may, if it is of opinion that in the interest of the child and of public it i§ expedient so to do, in addition to m ? ke an order that the delinquent child shall remain under the supervision of a probation Officer named in the order during m ch i:eriad, not exceeding three years as may be specified therein , and may in such supervision order impose such conditions as it deems necessary for the due surervision of the delinquent child :

Provided that if at any tim~ afterwards it appears to the Children's Court on receiving a report from the Probation Officer or otherwise, that foe delinquent child has not been of good behaviour dud ng the period of supervision, it may, after making such enquiry as it deems fit, order the delinquent child to be · sent to a Special School.

(3) The Chi;dren's Court making a supervision order under sec tion (2) shall explain to the child and the parent, gua1dian or other fit person as the c.qse may be, under whose care the ( hild has been plaud, the t< rms and conditions of the order and shall fo rthwith foroish one copy of the super- vision order to the child, the pa1 ent. guardian or other fit person, as the case may be, the sureties, if any, under Probation O fficer .

(4) In determining the Special School, or any person to whose custody a child is to be committed or entrusted und er this Act, the court sh all pay due reg ard to the religious denominatian of the child to ensure that rel igious instruction contrary to 1 he rdigious persuasion Qf the; child is not Imparted to him .

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Orders that 22. (1) Notwithstanding anythiilg to the contra• may not be ry contained in any other Jaw for the time being paas~edt d 1. in force, no delinquent child shall be sentenced gains e in- d h . · · d · quent chi!- to eat or 1mpr1sonment, or comm1tte to prison dren. in default of payment of fine or in default of

furnishing :security:

Provider! that where a child who has attained the

age of fourteen years has committed an offence

and the Children's Court is satisfied that the offence

committee! is of so serious a nature or that his conduct

and behaviour have been such that it would not be

in his interest or in tni:: interest of other children in a

Special School to send him to such Special School and

that none of the other m easures provicled under this

Act is suitable or sufficient, the Children's Court may

order the delinquent child to be kept in safe custody

in such place and manller as it thinks fit and shall

report the case for the orders of the State Government.

(2) On receipt of the report from Children's Court under sub-section (1) the State Government may make such arrangement in respect of the child as it deems proper and may order such delinquent child to be de- tained at such place and on such conditions as it thinks fit:

Provided that the period of detention so ordered shall not exceed the maximum period of imprison- ment to which the child could have been sentenced for the offence committed. ·

Proceeding 23. Notwithstanding anything to the contrary con- under Chap. tained in the Code of Criminal · Procedure, 1898 5 of 1898 ter VIII of d' h ll b · • d d d the Criminal no procee mg s a e mst1tute an no or er Procedure shall be Passed against a child un ~er Chapter VIII of Code not Criminal Procedure Code, 1898, by the said court. competent

against child.

NoJom ttrial 24.(1) Notwithstanding anything contained in sec- ofchiid and tion 239 of the Code of Crim:nal Procedure, 1898, 5of1898 pe~son not a or any other Jaw for th r time being in force, child. no child shall be charged with or tried for any offence together with person who is not a child.

(2) If a child is accused of an offence for which under section 239 of the Code of Criminal Procedure, 1898, or any other law for the time being 5 of 1898 in force , such child and any person who is not a child would . but for the prohibition contained in sub- !lection (1), have been charged and rited together, the court taking cognisance of that offence shall direct se- parate trials of the child and the other person.

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~emov~I of 25. Notwithstanding anything contained in any d:1squahfica- other law, a child who has q,ommitted ·an offence and tlon atta- h b d ] · l d h · · f h' A ching to con• as een ea t -:v1t 1 ~n e~ t ~ prov1s10ns o ! is ct viction. shall not suffer d1squahficat10n, 1f any, attachmg to a

conviction of an offence under such 1aw.

Sp~ci:.~ pro- 26. Notwithstanding anything contained in this

vision

1

m res· Act, all proceedings in respect of a child pending in pect o pen· . h d h · h h · " ding eases. any court 10 any area on t e ate on w 1c t is .~ct

1 omes in to force in that area, shall be continued in that court as if this Act had not been passed and if the court finds that the child has committed an offence, it shall record such finding and, instead of passing any sentence in respect of the .:hild, forward the child to the Children's Court, which shall pass or:lers in res· pect of that child in accordance with the provisions of this Act as if it had been satisfied _on inquiry under this Act that the child has committed the offence. CHAPTER V PROCEDURE OF COMPETENT AUTHORI- TIES GENERALLY ANV APPEALS AND

REVISION FR0\1 ORDERS OF SUCH COURTS <;!' • • of~~~~~,~~d 27 .( l) A Board or Children's Court shall hold its Children's sittings at such place on such day and in such manner, · Court. as may be prescribed. (2) A Magistrate empowered to exercise the powers of a Board or, as the case may be, a Children's Court under sub-section (2) of section 7 shall, while holding any inquiry regarding a child under this Act, as far as practicable, sit in a building or roDm different from that in which the ordinary sittings of civil and criminal courts are held, or on different days or at times different from those at which the ordinary sittings of such courts are held. Persons who 28.( l) Save as provided may b~ pre- shall ht: present at any sent oefore authority e:,cept- competent ' in this Act, no person sitting of a competent authority. (a) any officer of the competent authority, or (b) the parties to the inquiry before the competent authority, the parent or guardian of the child and other persons directly concerned in the inquiry includ- ing police _officers, and ·,

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(c) such other persons as the competent authority may permit to be present.

(2) Notwithstanding anything contained in sub- section (1), if at any stage during an inquiry, a competent authority considers it to be expedient in the interest of the child or on grounds of decency or morality tha~ any person including the Police Officers, legal practitioners, the parent, guardian or the child himself should withdraw, the competent authority may give such directirm, and if any person refuses to comply with such direction, the competent authority may have him removea ai1d may, for this purpose, cause to be used such force as may be n.-;cessary.

(3) No legal practitioner shall be entitled to appear before a competent authority in any case or pro- ceeding before it, except with the special per· mission of tha~ authority.

Attendance 29. Any competent authority before which a child of padr~nt orf is brought under any of the provisions of this Act guar 1an o . h' k .

child. may, whenever 1t so t in s fit, r eqmre any parent Dispensing

with atten-

dance of

child.

or guardian having the actual charge of, or con- trol over, the child to be present at any proceed- ings in respect of the child.

30. If, at any stage during the course of an inquiry, a competent authority is satisfied that the attendance of the child is not essential for the purpose of the iuqu'iry, the competent authority may dispense with his attendance and proceed with the inquiry in the absence of the child. Committal 31.(1) When a child who has been brought to approved before a competent authority under this l\.ct is place of f d b tr · f d' · · child suffer- oun to e suuenng rom a 1sease req uirmg pro- ing from longed medical ueatmen1. or physical or mental

d'.lngerous complaint that will respond to treatment, the com- ~hseasfie and petent authority may send the child to any place its uture . d 1 ·

disposal. recogmsed to be an approve p ace in accordance

with the rules made under this Act for such period

as it may think necessary for the required treat-

ment.

(2) Where a chil:l is found to be suffering from leprosy or is of unsound mind , he shall be dealt with under the provisions of the Lepers Act, 1898 3 of iurn or the Indian Lunacy Act, 1912 as the case may be. 4 of 1'112

(3) Where a competent authority has taken action under sub-section (1) in the: case of a child suffering from an infectious or contagious disease, the com- petent aw hority before restoring the said child to

-n his partner in marriage, if there has been such, or to the guard ian, as the case may be shall where it is satisfied that such action will be in the interest of the said child call upon his partner in marriage or the guardian, as the case may be, to satisfy the court by sub- mitting w medical examination that such partner or guardian will not re-infect the child in respect of whom the order has been passed.

Presumption 32.(1) Where it appears to a competent autho- ai:id d_eter- rity that a person brought before it under any of the :;n~ation of provisions of this Act (otherwise than for the purpose g • of giving evidence) is a child, the competent autho- rity shall make due inquiry as to the age of that person and for that purpose shall take such evidence as may be necessary and shall record a finding

., whether the pers1in is a child or not, stating his age as nearly as may be.

(2) No order of a competent authority shall be deemed to have become invalid merely by any subsequent proof that the person in r espect of whom the order has been made is not a child, and the age recorded by the competent authority _to be the age of the person so brought before it shall for the purposes of this Act, be deemed to 'be the true age of that person.

Circumstan- 33. In making any order in respect of a child ces to be under this Act a competent authority shall take taken. into into consideration the following circumstances, considera-

tion in ma- namely:-

king orders

under th e

Act.

(a) the age of the child J

(b) the circumstances m living ;

which the child is

(c) the reports officers ; · made by the probation

(d) the religious persuasion of the child;

(e) such other circumstances as may, in the opinion of the competent authority require to be taken into consideration in the interests of the child:

Provided that in the case of a delinquent child, the above circumstances shall be taken into con- sideration after the Children's Court has recorded a finding against the child that he has committed the offence:

16

80

Provided further that if no report of the probation officer is received within ten weeks of his being informed lmder section -19, it shall be open to the Children's Court to proc~ed without it. Se~ding a 34.. In the case of a neglected or delinquent child c~dild . o•~t- whose ordinary place of residence lies outside the Sl C JUrlS- • • • • •

diction. JUr1sd1ction of the competent authority before which he is brought, the competent authority

may, if satisfied after due -inquiry that it is expedient so to do, send the child back to a relative or other persons who is fit and willing to receive him at his ordinary place of residence and exercise proper care and control over him, notwithstanding that such place of residence is outside the j urisdic- tion of the competent authority; and the competent authority exercising jurisdiction over the place to which the child is sent shall in respect of any matter arising subsequ~ntly have the same power in relation to the child as if the original order has heen j passed by itself.

Reports to 3!>. The report of the probation officer or any ue treat~d circumstances· considered by the competent authority ~~nti~l~n - under section 33 shall be treated as confidential :

Provided that the competent authority may, if it so thinks fit, communicate the substance thereof to the child or his parent or guardian and may give such child, parent or guardian an opportunity of producing such evidence as may be relevant to the matter stated in the report.

Prohibition . 36.(1) No report in any newspaper, magazine or o_f publica- news, sheet of any inquiry regarding a child under uon of this Act shall disclose the name, address or school or ~rcli~iJ:~~ any other particulars calculated to lead to the identi- involved in fication of the child, nor shall any picture of any any procee· such child be published:

ding under

the Act. Provided that for reasons t() be recorded in writing Appeals.

the authority holding the inquiry may permit, such disclosure. if in its opinion such disclosure is in the interest of the child.

{2) Any person contravening the provisions of

subasection (1) shall be punishable with fine which may extend to one thousand rupees.

37. (I) Subject to the provisions of this section, any person aggrieved by an order made by a compe- tent authority under this Act may, within thirty days from the date of such order, prefer an appeal to the Court of Session :

81

Provided that the Court of Session may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the -appellant was prevented by sufficient cause from filing the appeal in time.

(2) No appeal shall lie from-

(a) any order of acquittal made by the Children's Court in respect of a child alleged to have committed an offence; or

(b) any order made by a Board in respect of a finding that a person is not a neglected child.

(3) No second appeal shall lie from any order of the Court of Session passed in appeal under this section. Revision. 38. The High Court may, at any time either on its own motion or on an application received in this behalf, call for the record of any proceeding in which any competent authority or Court of Session has passed an order for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it thinks fit :

Provided that the High Court shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.

Procedure 39. (1) Save as otherwise expressly provided by in inquiries, this Act, a competent authority while holding any app.~ls and inquiry under any of the provisions of this Act, shall revd!on pro- follow such procedure as may be prescribed and subject cee ings. thereto, shall foUow, as far as may be, the procedure Power to

amend

orders.

laid down in the Code of Criminal Procedure, 1898, 5 of 1898, for trials in summons cases.

(2) Save as otherwise expressly provided by or under this Act, the procedure to be followed in hearing appeals or revision proceedings under this Act shall be, as far as practicable, in accordance with the provi- 5 of 1898, sions of the Code of Criminal Procedure, 1898.

40. (I) Without prejudice to the prov!Slons for appeal and revision under this Act, any competent authority may, either on its own motion or on an application received in this behalf, amend any order as to the institution to which a child is to be sent or as to the person under whose care or supervision a child is to be placed under this Act.

82

(2) Clerical mi<1take in order passed by a compe· tent authority or errors arising therein from any zccidental slip or ommission may, at any time, be corrected by the competent authority either on its own motion or on a11 applicatiori received on Lhis behalf:

CHAPTER VI

SPECIAL OFFENCES IN RESPECT OF

CHILDREN

Punishment 41. (1) Whoever, having the actual charge of, or r~~ c~~ffd:' control over, a child, ass'tults, abandons, exposes or wilfully neglects the child or cause or procure~ him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such child un-

necessary mental and physical suftering shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. \2) No court shall take , cognisance of an offence punishable under sub-section (1) unless the complaint is filed with the previous sanction of the State Gov- vernment or an Officer authorised hy the State

Government in his behalf.

Emplo7ment 42.(1) Whoever employ or uses any child for the of chil~reu ourposes of begging or causes any child to beg shall for begging. ,b . h bl . h . . c- h' h e pums a e wit imprisonment 1or a term w 1c may extend to one year, or with fine, or with both.

(2) Whoever, having the actual charge of, or control over a child, abets the commission of the offence punishable under sub-section (1) shall be punishable with imprisonment for a term which may extend to one year, or with fine or with both.

(3) The offence punishable under this section shall be cognizable.

P~D;alty for 43. Whoever gives, or causes to be given to giv~ngt' m- any child any intoxicating liquor in a public place tox1ca mg f

liquor or or any dangerous drug, except upon the order o a dangerous . duly qualified medical practitioner or in case of dr~g to a sickness or other urgent cause, shall be punishable child. with fine which may eK1iend to two hundred rupees. Exploitation 44. Whoever ostensibly procures a child for the of c hi l d purpose of any employment and withholds the earnings employees. of the child or uses such earnings for his own pur· poses shall be punishable with fine which may ex- tend to one thousand rupees.

~ .

83

CHAPTER VII

MISCELLANEOUS

p 0 we r 45.(Ij The State Government may, notwith- of St ate standing anything contained in this Act, at any time, Gov~rnment order a neglected or delinquent child to be dis· todditschar?e charged from the Children's Home or Special School, an rans1er . 1 . h d" · h children. · either abso ute1y or on sue con 1t10ns as e may think fit to imp ose.

(2) The State Government may, notwithstanding anything contained in this Act, order-

(a) a neglected child to be transferred from one Children's H ome to another;

(b) a delinquent child to be transferred from one Special School to another or from a Special School to a Borstal School where such school exists or from a Special School to a Children's Home ;

(c) a child who ha, been released on licence which has bt>en revoked or forfeited, to be 5ent to the Special School or Children's Home from which he was released or to any other Children's Home or Special School or Borstal School :

Provided that the total period of the stay of the child in a Children's Home or a Special School shall not be increased by such transfer.

(3) The State Government may, notwithstanding anything contained in this Act, at any time, dis- charge a child from the care of any person under whom he was placed under this Act either abso- lutely or on such conditions as the State Govern- ment may think fit to impose.

T ~ b 46.(l) The State Government may direct any neglec- t~~~1~ c~~hil-· ted chilJ or delinquent child to be transfened from dren's Homesany Children's Home or Special School within the State etc., , under to any other Children'5 Home, Special School or tche.

1

Adct ~nd Institution of a like nature in any other State with the m ren s . f h G S Homes, etc., consent o t e overnment of that tate. of like nature

in different

part ofIn-

dia.

(2) The State Government may, by general or special order, provide for the reception in a Children's Home or Special School within the State of a neglect- ed child or delinquent child detained in a Children's

20

84

Home or Special School or institution of a like nature in any other State where the Government of that State makes an order for such transfer and upon such transfer the provisions of this Act shall apply to such child as if he had been originally ordered to be sent to such Chil- dren's Home or Special School under this Act.

47. (I) Where it appears to the State Government Transfer of that any child kept in a Special School or Children's children of Home in pursuance of this Act is suffering from unsound

mind or leprosy or is of unsound mind, the State Government suffering may order his removal to a leper asylum or mental from lepro• hospital or other place of safe custody for being kept sy. there for the remainder of the term for which he has to be kept in custody under the orders of the compe- tent authority or for such further period as may be certified by a medical officer to be necessary for tbe proper treatment of the child.

(2) Where it appears to the State Government that the child is cured of leprosy or of unsoundness of mind, he may, if the child is still liable to be kept in custody, order the person having charged of the child to send him to tbe Special School or Children's Home from which he was removed or, if the child is no longer lia- ble to be kept in custody order him to be discharged. Placing out 48. ( 1) When a child ii. kept in a Children's Home on Iicen•e. or Special School, the State Government may, if he so thinks fit, release the child from the Children's Home or Special School and grant him a written licence for such period and on such C'Onditions M may be specified in the licence permitting him to live with, or under the supervision of, any responsible person named in the licence willing to receive and take charge of him with a view to educate him and train him for some useful trade or calling.

(2) Any licence so grant eel under sub-section ( 1) shall be in force for the period specified in the licence or until revoked or forfeited by the breach of any of the conditions on which it was granted.

(3) The State Government may, at any time, by order in writing revoke any such licence and order the child to return to the Children's Home or Special School from which he was released or to any other Children's Home or Special School, and shall do so at the desire of the person with whom or under whose supervision the child ha& been permitted to live in accordance with a licence granted under sub-section (I).

(4) When a licence has been revoked or forfeited and the child refuses or fails to return to the Special School or Children's Home to which he was directed so to return, the State Government may, if necessary, cause him to be taken charge of and to be taken back to the Special School or Children's Home.

(5) T he time during which a child is absent from

111. Special School or Uhildren's Home in Pursuance of a licence granted under this section shall be deemed to be part of the time fot which he is liable to be kept iu custody in the Special School or Children's Home :

Provided that when a child has failed to return to the Special School or Children's Home on the licence being revoked or forfeited, · the time which elapses after hb failure s•J to return shall be excluded in i:omputing the time during which he is liable to be kept in custody .

Provision in 49. Notwi thstanding anythiq to the contrary con- respect oftained in any other law for the time being in force, esc;aped any police officer may take charge without warrant chil~ren. of a child who has escaped from a Special School or Contribution

by parents.

a Child ren 's Home or from the care of a person under whom he was placc>d under i:his Act and shall send the child back to the Special School or the Children's Home or chat person, as the case may be ; and no proceeding shall be instituted in respect of the child by reason of such escape but the Special School, Children's Home or the person may, after giving the information to the competent authority whicn passed '. he ord er in respect of the child, take such steps against rhe child as may be de~med necessary.

50. (1) The competent authority which makes an order for sending a neglected child or a delinquent child to a Children's Home or a Special School or placing the child under the care of a fit person may make an order requiring the parent or other person liable tu maintain the child to i:outribut~. to his maintenance, if able to do so, in the prescribed manner.

(2) The competent authority befo1e making any order under sub-section (1) shall inquire into the circumstances of the parent or other person liable to, maintain the child and shall record evidence, if any, in the presence of the parent or such other person as the case may be.

(3) The person liable to maintain a child shall, fer the purposes of sub-section (1) 1 include in the (:ase of illegitimacy, his putative father:

22

86

Provided that where the child is illegitimate and an order for his maintenance has been made under section 488 of the Code of Criminal Procedure, 1898 the 5of18~8 competent authority shall not ordinarily make an order for contribution against the putative father, · Comrol of

custodian

C>ver "'1\ld.

but may order the whole or any part of the sums accruing due under the said order for maintenance to be paid to such person as may be named by the competent authority and such sum shall be paid by him towards the maintenance of the child.

(4) Any order made under this section may be enforced \n the same manner a~ an order under s of 1898. section 488 of the Code of Criminal Procedure,

1898.

51. (1) Any person in whose custody a child is placed in pursuance of this Act shall, while the order is in force, have the like control over the child as he would have if he were his Darent, and shall be responsible for his maintenance, and the child shall continue in his custody for the period stated by the competent authority, notwithstanding that he is claimed by hi1 parent or any other person :

Provided that no child while in such custody shall be married except with the permission of competent authority.

(2) The Statr, Governm~nt shall have tht> power under the Guardian and Wards Act, 1890 to be an ex-officio guardian within the meaning of that Act in respect of the children under bis care anr! shall have the right to apply to the competent court for administration of the property of the child . In case of a child without natural guardian the jurisdiction of State Government as guardian shall extend to the age of attaining majo- rity in terms of the Guardian and \Vards Act. ~elinquent 52. In any area in which this Act is brought into chtld under- c h S n · going senten- 1orce, t e t ate ,,overnrnent may direct that a ce at the delinquent child who is undergoing any ~entence of commence- imprisonment at the commencement of this Act

ment of theshall in lieu of undergoing such sentence, be sent Act. to a Special School or be kept in safe custody

in such place and manner as the State Government

thinks fit, for the remainder of the period of the

sentence; and the provisions of this Act shall apply

to the child as if he had been ordered hy a Children's

Court to be sent to such Sppcfril Sch.ool or, as

the case may be, ordered to be, ~etained uqder

sub-section (2) of section 22. · · ·

..

::

87

Appointment 53. (I) The State Government may a ppoint as ,,f Officers. many probation officers, officer, for the inspection of Special Schools, Children s Hornes, Observation Homes, or After-care Organisations and such other offic"rs as may deem necessary for carrying out the i:;urposes of this Act.

(2) It shall be the duty of the probation offic.::r-

(a) to inquire, in accordance with the direc- tion of a competent authority, into the antecedents and family history of any child accused of an offence with a view to assist the authority in making t:he inquiry ;

(b) to visit, neglected and delinquent child- ren at such intervals as the probaLion officer may think fit ;

(c) to report to the competent authority as to the behaviour of any neglected or delinquent child ;

(d) to advise and assist neglected or delinquent children and, if necessary, endeavour to find them suitable employment ;

(e) where a neglected or delinqmmt child is placed under the care of any person on certain conditions to see whether such condi- tions are being complied with ; and

(f) to perform such other duties as may be prescribed.

(3) Any officer empowered in this behalf by the State Government may enter any Special School, Children's Home, Observation Home or After-care Organisation and make a complete inspec· tion thereof ia all its Departments and of all papers, registers aqd accounts relating thereto and shall submit the report of such inspection to the State Government.

Officer ap- 54. Probation officers and other officers poiated un- appointed in pursuance of this Act shall be deemed debcthe btct to be public servants within the meaning of section !~rvaii: ic 21 of the Indian Penal Code, 1860. 45 of 1860, Procedur 55. The provisions of Chapter XLH of the Code in respect of of Criminal Procedure, 1898, shall, as far as may be, 5 of 1898 bonds. apply to bonds taken under this Act. ·

24

Delegation of power.

88

56. The State Government, may, by general o. special order, direct that any power exercisable by him under this Act shalJ., in such circumstances and under such conditions, if any, as may be specified in the ord~r, be exercisable also by an officer subordi- nate to the State Government.

. f 57. No suit or other legal proceeding shall lie Protection o · h S G h · ffi.

at• taken agamst t e tate overnment or any pro ation o cer c ion h ffi • d d h" ' in good faith.or ot er o cer appomte un er t 1s Act In respect of anything which is in good faith done or mtended

to be done in pursuance of this Act or of any rules

or orders made thereunder.

A t 8 f 1897 58 ( l) The Reformatory Schools Act, 1897 and 8 of 1897 ~d c~rtain section 29B and section 399 of the Code of Criminal provisions Procedure, 1898 shall cease to apply to any area in 5 of 1898

of Act 5 of which this Act has been brought into force.

1898 not to

apply. l2) The Qrphanages and other Charitable

Homes (Supervision and Control) Act, 1960, shall not

apply to any Children's Home, Special School or

Observation Home established and maintained under

this Act.

Powert:i 59.(1) The Stat e Government may, by notification

make rules. in the Official Gazette, make rules to carry out the

purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matter, namely:-

(a-) tht: places at which, the days on which, the time at which and the manner in

which, a competent :authority may hold its sittings;

(b)

(c)

the procedure to be followed by a compe· tent authority in holding inquiries under this Act; and the · mode of dealing with children suffering from dangerous

diseases or mental complaints;

the circtlillstances in which, and the condi- tions subject to which an institution may be certified as a Special School or a Children's Hom1., or recognised as a11 Observation Home, and the certification or recognition withdrawn;

(cl) the internal management of Special Schools, Children's Home and Observation Homes;

10 of 1960

89

(e) the functions and responsibilities of Special Schools, Children's Home and Observa- tion Homes;

(I ) the i:-.spection of Special Schools, Children's Homes, Observation Homes and After-care Organisations;

(g) the establishment,..management and functions of After-care Orgaaisations; the circum- ~tances in which and the conditions sub- ject to which, an institution may be re- cognised as an After-care Organisatio!l;

(h) the qualifications and duties of probation officers;

;t) the recruitment and training of persons ap- pointed to carry out the purposes of this Act ana the terms and conditions of their service;

(j) the conditions subject to which a girl who is a neglected or delinquent child may be escorted from one place to another, and the manner in which a child may be sent outside the jurisdiction of a competent authority;

(k) the manner in which contribution for the maintenance of a child may be ordered to be paid by a parent or guardian; ~ll the conditions under which a child may be placed out on licence and the form and conditions of such licencei

the conditions subject to which! children may be placed under the care of any parent, guardian or other fit person under this Act and the obligations of such persons towards the children so placed;

(n) any other matter which has to be, or may be

prescribed. (3) Every rule made under this section shall be laid as soen as may be after it is m ade, before the Assam Legislative Assembly while it ia in session for a total period of fourteen days which may be comprised

90

in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the sessions immediately following, the Assam Legisla· tive Assembly agree in making any modification in the rule or the Assam Legislative Assembly agree that th!! rule should not be made, the rule sna!l be thereafter have effect only in such modified form or be of no effect as the case may be, so however, that any such modi- fication or annulment shall be without prejudice to the validity of anything previcusly d,:me under that rule.

R 1 60.(1) Immediately before thedate on which this !!I ea Act comes into force in any area, there is in force in Savings. that area, any law corresponding to this Act that law

shall stand repealed on the said date:

Provided that the repeal shall not affect-

or anything duly done or ~uffered thereun-

der; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or

{c) any investigation, legal proceeding or remedy in respect of any such right, privilege, ebliga- tion, liability, pena!ty, forfeiture or punish- ment as aforesaid;

any penalty, forfeiture or punishment in res- pect of any offence committed against any law so repealed; and any such investigation legal prnceeding or remedy may be instituted continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act has not been passed.

(2) With the coming into force of Assam Children Act, the Assam Borstill Institution Act will stand modified to the extent that it will apply to boys above th~ age of 16 years and girls above the age of 18 y-ean,

SECTIONS