BIHAR CHILDREN ACT, 1982
(1) This Act may be called the Bihar Children Act, 1982.
(2) It extends to the whole of the State of Bihar.
(3) It shall come into force with immediate effect.
In this Act unless the context otherwise requires -
(a) "begging" means -
(i) soliciting or receiving alms in a public place or entering on any private premises for the purpose of soliciting or receiving alms, whether under the pretence of singing, dancing, fortune telling, performing tricks or otherwise;
(ii) exposing or exhibiting with the object of obtaining or extorting alms on any sore, wound, injury deformity or disease, whether of himself or of any other persons or of an animal;
(iii) allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms;
(b) "Board" means a Child Welfare Board constituted under Section 4;
(c) "brothel
Where an inquiry has been initiated against a child and during the course of such inquiry the child ceases to be such, then notwithstanding anything contained in this Act or in any other law for the time being in force the inquiry may be continued and orders may be made in respect of such person as if such person had continued to be a child.
(1) The State Government may, by notification in the official Gazette constitute for any area specified in the notification one or more, Child Welfare Boards for exercising the powers and discharging the duties conferred or imposed on such Board in relation to neglected children under this Act.
(2) A 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 and one Scheduled Caste/Scheduled Tribe and every such member shall be vested with the powers of Executive Magistrate under the Code of Criminal Procedure, 1973 (2 of 1974).
(3) The Board shall function as a Bench of Magistrates and shall have the powers conferred by the Code of Criminal Procedure, 1973 on a Judicial Magistrate of the first class.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 the State Government may, by notification in the official Gazette. constitute for any area specified in the Act, 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) A children's court shall consist of a Bench of as many Magistrates as the State Government may declare, out of which one shall be designated as the Principal Judicial Magistrate. Each of such Bench shall be vested with the powers of the first class Magistrate under Criminal Procedure Code, 1973 (Act 2 of 1974).
(b) The Children's Court will be assisted by a panel of three qualified honorary social workers as prescribed under rules, of whom at least one should be a woman and on
(1) In the event of a difference of opinion the members of a Board or among the Magistrates of a children's court the opinion of the majority shall prevail, but where there is no such majority, the opinion of the Chairman or of the Chief Magistrate, as the case may be, shall prevail.
(2) A Board or Children's Court may act notwithstanding 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.
(3) No person shall be appointed, as honorary social worker in the Children's Court unless he has, in the opinion of the State Government, special knowledge of child psychology a
(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 in this Act, have power to deal exclusively with all proceedings under this Act relating to neglected children or delinquent children, as the case may be.
(2)* The Child Welfare Board or the Children's Court will be competent to transfer cases to each other as deemed fit by them by taking into account the circumstances in each case:
*Ed. As per Hindi version, In the translated English version it is missing.
Provided. that if the Board and the Children's Court differ at the point as to where should the proceeding be started the differences should be put up before the Sessions
(1) When any Magistrate not empowered to exercise the powers of a Board or a Children's Court under this Act is of opinion that a person brought before him under any of the provisions of this Act (otherwise than for the purpose of giving evidence) is a child, he shall record such opinion and forward the child and the record of the proceedings to the competent authority having jurisdiction over the proceeding.
(2) The competent authority to which the proceeding is forwarded under subsection (1) shall hold the inquiry as if the child had originally been brought before it.
(1) The State Government may establish and maintain as many children's homes as may be necessary for the reception of neglected children under this Act.
(2) Where the State Government is of opinion that any institution other than an institution established under sub-section (1) is fit for the reception of the neglected children to be sent there under this Act it may certify such institution as a children's home for the purposes of this Act.
(3) Every Children's Home to which a neglected child sent under this Act shall not only provide the child with accommodation, maintenance and facilities for education but also provide him with facilities for the development of his character and abilities and give him necessary training for protecting himself against moral dangers or exploitation and shall also perform such other function as may be pre
(l) The State Government may establish and maintain as many special schools as may be necessary for the reception of delinquent children under this Act.
(2) Where the State Government is of opinion that any institution other than an institution established under sub-section (1) is fit for the reception of the delinquent children to be sent thereunder this Act, it may certify such institution as a special school for the purposes of this Act.
(3) Every special school to which a delinquent child is sent under this Act shall not only provide the child with accommodation, education but also provide with facilities for maintenance, facilities for the development of his character arid abilities and give him necessary training for his reformation and shall also perform such other function as may be prescribed to ensure his proper growth' and de
(1) The State Government may establish and maintain as many observation homes as may be necessary for the temporary reception of children during the pendency of any inquiry regarding them under this Act.
(2) Whereas the State Government is of opinion that any institution other than an institution established under sub-section (1) is fit for the temporary reception of children during the pendency of any inquiry regarding them under this Act it may recognise such institution as an observation home for the purpose of this Act.
(3) Every observation home to which a child is sent under this Act shall not only provide the child with accommodation, maintenance and facilities for medical examination and treatment, but also provide him with facilities for useful occupation.
(4) The State Government may
The State Government shall provide for the following through rules framed under this Act;
(a) To establish institutions or to recognise them for Aftercare and the powers to be exercised by them for the effective execution of their duties under this Act;
(b) Scheme of the programme for the Aftercare to be run by such Aftercare institutions for looking after the children, after leaving the Children Home or the special school and to make them able to live an useful, honest and ~borious IRe;
(c) Report to be prepared and put up by the probation officer for the need and kind, its period and supervision of such child before releasing the child from the Children Home or the special school and the report to be submitted by the probation officer regarding the progress of each such child;
(1) If any police officer or any other person authorised by the State Government in this behalf by general or special order, is of opinion that a person is apparently a neglected child, such police officer or other person may take charge of that person for bringing 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 shall enter in a book to be kept for the purpose of 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-section (1) shall be brought before the Board within a period of twenty-four hours of such charge taken excluding the time necess
(1) If a person who in the opinion of the probation officer, police officer or the authorised person is a neglected child, has a parent or guardian who has the ,actual charge of or control over the child, the police officer or the authorised person may, instead of taking charge of the child, make a report to the Board for initiating an enquiry regarding that child.
(2) On receipt of a report under sub-section (1) the Board may call upon the parent or guardian to produce the child before it and to show cause why the child should not be dealt with as a neglected child under the provisions of this Act and if it appears to the Board that the child is likely to be removed from its jurisdiction or to be concealed it may immediately order his removal (if necessary by issuing a search warrant for the immediate production of the child) to an observation home.
(1) When a person alleged to be a neglected child is produced before a Board, it shall examine the probation officer/police officer or the authorised person who brought the child or made the report and record the substance of such examination and hold the enquiry in the prescribed manner 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 him, 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 reasons to be recorded extend the period of such stay, but in no case the period of stay shall extend beyond the time when the child attains the age of. twenty years:
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(1) If the Board so thinks fit, it may, instead of making an order under sub-section (2) of Section 15 for sending the child to a children's home, make an order placing the child under the care of a parent guardian or other fit person, or such parent, guardian or fit person executing a bond with or without surety to be responsible for the good behaviour and well being of the child and for the observance of such conditions as the Board may think fit to impose.
(2) At the time of making an order under sub-section (1) or at any time subsequently, the Board may, in addition make an order that 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 sub-section (2) if at any time it appears to the Board, an receiving a report from the pro
Where a parent or guardian of a child complains to the Board 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 send the child to an observation home and make such further inquiry as it may deem fit and the provisions of Section 15 and Section 16 shall, as far as may be, apply to such proceedings.
(1) When any person accused of a bailable or non-bailable offence and apparently a child is arrested or detained or appears or is brought before Children's Court, such person shall notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in any other law for the time being in force be released on bail with or without surety but he shall not be so released if there appears reasonable grounds for believing that the release is likely to bring him into association with any reputed criminal or expose him to moral danger or that the release would defeat the ends of justice.
(2) When such person having been arrested is not released on bail under sub~ section (1) by the officer-in-charge of the police station, such officer shall cause him to be kept with fit person in the prescribed manner (but not in a police-station or Jail) until he can be brought before a Children'
Where a child is arrested, the officer-in-charge of the police station to which the child is brought shall, as soon as may be after the arrest, inform(a) the parent or guardian 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 circumstances likely to be of assistance to the children's court for making the enquiry.
Where a child having been charged with an offence appears or is produced before a Children's Court, the children's court shall hold the enquiry in accordance with the provisions of Section 39 and may, subject to the provisions of this Act, make such order in relation to the child as it deems fit.
(1) Where a children's court is satisfied on enquiry that a children has committed an offence, then, notwithstanding anything to the contrary contained in any other law for the time being in force, the children's court may, if it so thinks fit(a) allow the child to go home after advice or admonition.
(b) direct the child to be released on probation of good conduct and placed under the care of any parent, guardian or other fit person executing a bond, with or without surety as that court may require, 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 and a girl over sixteen years of age for a period of not less than three years;
(ii) i
.-(1) Notwithstanding anything to the contrary contained in any other law for the time being in force, no delinquent child shall be sentenced to death or imprisonment, or committed to prison in default of payment of fine or in default of furnishing security:
Provided 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 committed is of so serious a nature or his conduct and behaviour have been such that it would not be in his interest or in the interest of other children in a special school to send him to such special school and that none of the other measures provided under this is suitable or sufficient, the Children's Court may order the delinquent child to be kept in safe custody in such place and manner as it thinks fit and shall report the case for the orders of the State Government.
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Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973, no proceeding shall be instituted and no order shall be passed against a child under Chapter VIII of the said Code.
(1) Notwithstanding anything contained in Section 223 of the Code of Criminal Procedure, 1973 (2 of 1974), or any other law. for the time being in force, no child shall be charged with or tried for, offence together with a person who is not a child.
(2) If a child is accused of an offence for which under Section 223 of the Code of Criminal Procedure, 1973, or any other law for the time being in force such child and any person who is not a child, would, but for the prohibition contained in subsection (1), have been charged and tried together the Court taking cognizance of that offence shall direct separate trials of the child and the other person.
Notwithstan-ding anything contained in any other law, in force at that time, a child who has committed an offence and has been dealt with under the provisions of this Act shall not suffer disqualification, if any, attaching to a conviction of an offence under such law.
All such cases or proceedings, which are pending in any Court on the date of the enforcement of this Act shall be transferred to the children court of their respective areas from the same date.
(1) A Board or a Children's Court shall hold its sitting at such place on such day and in such manner, 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 room different from that in which the ordinary sittings of a 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.
(1) Save as provided in this Act no person shall be present at any sitting of a competent authority except:
(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 including police officers, and (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 that any person including the police officers, legal practitioners, the present guardian or the child himself should withdraw, the competent authority may give such direction, and if any person refuses to comply with such dire
Any competent authority before which a child is brought under any of the provisions of this Act, may whenever it so thinks fit require any parent or guardian having the actual charge of or control over the child to be present at any proceeding in respect of the child.
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 inquiry the competent authority may dispense with his attendance and proceed with the inquiry in the absence of the child.
(1) When a child who has been brought before a competent authority under this Act is found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment, the competent authority may send the child to any place. recognised to be an approved place in accordance with the rules made under the Act for such period as it may think necessary for the required treatment. , (2) Where a child is found to be suffering from leprosy or has scars on his face due to age is of unsound mind, he shall be dealt with under the provisions of the Lepers Act, 1898 (3 of 1898) or the Indian Lunacy Act, 1912 (4 of 1912), as the case may be.
(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 competent authority before restoring the said child
(1) Where it appears to a competent authority that a person brought before it under any of the provisions, of this Act (otherwise than for the purpose of giving evidence) is a child, the competent authority 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 person 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 respect 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.
In making any order in respect of a child under this Act a competent authority shall take into consideration the following circumstances, namely(a) The age of the child;
(b) The circumstances in which the child is living;
(c) The reports made by the probation officer;
(d) the religious persuation 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 consideration after the Children's Court has recorded a finding against the child that he has committed the offence:
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In the case of a neglected or delinquent child whose ordinary place of residence lies outside the jurisdiction of the competent authority before which he is brought, the competent authority may if satisfied after the due inquiry that it is expedient so to do send the child back to a relative or other person 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 or residence is outside the jurisdiction 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 subsequently have the same powers in relation to the child as if the original order has been passed by itself.
The report of the probation officer or any circumstances considered by the competent authority 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.
(1) No report in any newspaper, magazine or news sheet of any inquiry regarding a child under this Act shall disclose the name, address or school or any other particulars calculated to lead to the identification of the child, nor shall any picture of any such child be published:
Provided that for reasons to be recorded in writing, 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 sub-section (1) shall be punishable with fine which may extend to two thousand rupees or sentence for imprisonment upto six months or with both.
(1) Subject to the provisions of this section any person aggrieved by an order made by a competent authority under this Act may within thirty days from the date of such order prefer an appeal to the Court of Session:
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 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.
The High Court may, at any time either of its own motion or on 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.
(1) Save as otherwise expressly provided by this Act a competent authority while holdil1g any inquiry under any of the provisions of this Act shall follow such procedure as may be prescribed and subject thereto shall follow as far as may be, the procedure laid down in the Code of Criminal Procedure, 1973 (2 of 1974) for trial in summon 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 provisions of the Code of Criminal Procedure, 1973 (2 of 1974).
(1) Without prejudice to the provision 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 of child is to be placed under this Act.
(2) Clerical mistakes in orders passed by a competent authority or errors arising therein from any accidental slip or omission, may, at any time be corrected by the competent authority either on its own motion or on an application received in this behalf.
Whoever, having the actual charge of or control over a child, assaults, abandons, exposes or wilfully neglects the child or causes or procures him to be assaulted, abandoned exposed or neglected in a manner likely to cause such child unnecessary mental and physical suffering shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
(1) Whoever employs or uses any child for the purposes of begging or causes any child to beg shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
(2) Whoever, having the actual charge of, or control over child abets the commission of the offence punishable under sub-section (1) shall be punishable with rigorous imprisonment for a term which may extend to three years, or with fine or with both.
(3) The offence punishable under this section shall be cognizable.
Whoever gives, or causes to be given to any child any intoxicating liquor in a public place or any dangerous drug except upon the order of a duly qualified medical practitioner or in case of sickness or other urgent cause shall be punishable with fine which may extend to two thousand rupees or imprisonment upto six months or with both.
Whoever ostensibly procures a child for the purpose of any employment and withholds the earnings of the child or uses such earnings for his own purposes shall be punishable with fine which may extend to two thousand rupees or imprisonment up to six months or with both.
(1) The State Government may notwithstanding anything contained in this Act at any time, order a neglected or delinquent child to be discharged from the children's home or special school, either absolutely or on such conditions as it may think fit to impose.
(2) The State Government may notwithstanding anything contained in this Act, order(a) a neglected child to be transferred from one children's home to another;
(b) a delinquent child to be transferred from a 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 has been released on licence which has been revoked or forfeited, to be sent to the special school or children's home from which he was released or to any other children's home sp
(1) The State Government may direct any neglected child or delinquent child to be transferred from any children's home or special school within the State to any other children's home or special school or institution of a like nature in any other State with the consent of the Government of that State.
(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 neglected child or delinquent child detained in a children's 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 children's home or special school under this Act.
(1) Where it appears to the State Government that any child kept in a special school or children's home in pursuance of this Act is suffering from leprosy or is of unsound mind, the State Government may order his removal to a leper asylum or mental hospital or other place of safe custody for being kept there for the remainder of the term which he has to be kept in custody under the order of the competent authority or for such further period as may be certified by a medical officer to be necessary for the 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, it may if the child is still liable to be kept in custody, order the person having charge of the child to send him to the special school or children's home from which he was removed or if the child is no longer liable to be kept in custody, orde
(1) When a child is kept in a children's home or special school, the State Government may, if it 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 conditions as 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 to take charge of him a view to educate him and train him for some useful trade or calling.
(2) Any licence so granted 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 chil
Notwithstanding anything to the contrary contained in any other law for the time being in force or in any provision existing before the commencement of this Act, any Police Officer may take charge without warrant of child who has escaped from a special school or a children's home or from the care of a person under this Act and shall send the child back to the special school or the children's home or the person, as the case may be, and 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 which passed the order in respect of the child, take such steps against the child as may be deemed necessary.
(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 to maintain the child to contribute to his maintenance, if able to do so, in the prescribed manner.
(2) The competent authority before 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 for the purposes of sub-section (1) include, in the case of illegitimacy, his putative father:
Provided that where the chi
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 parent, 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 his parent or any other person:
Provided that no child while in such custody shall be married except with the permission of the competent authority.
In any area in which this Act is brought into force, the State Government may direct that a delinquent child who is undergoing any sentence of imprisonment at the commencement of this Act shall, in lieu of undergoing such sentence be sent to a special school or be kept in safe custody in such place and manner as the State Government think 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 by a Children's Court to be sent to such special school or, as the case may be ordered to be detailed under sub-section (2) of Section 22.
(1) The State Government may appoint as many probation officers for the inspection of the special school, children's home, observation homes or after-care organisations and such other officers as it may deem necessary for carrying out the purposes of this Act.
(2) The officers appointed under the Act shall be trained in social work, the relevant qualification will be prescribed under the rule framed under the Act.
(3) It shall be the duty of the probation officer(a) to inquire, in accordance with the direction 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 the inquiry;
(b) to visit neglected and delinquent children at such intervals as the probation officer may think fit;
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Probation Officers and other officers appointed in pursuance of this Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (45 of 1860).
The provisions of Chapter 33 of the Code of Criminal Procedure, 1973 (2 of 1974), shall as far as may be, apply to bonds taken under this Act.
The State "Government may, ,by general or special order, direct that any power exercisable by it under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the order be exercisable also by an officer subordinate to the State Government.
No suit or other legal proceeding shall lie against the State Government or any Probation Officer or other officer appointed under this Act in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules or orders made thereunder.
(1) The Reformatory School Act, 1897, and Section 27 of the Code of Criminal Procedure, 1973 shall cease to apply to any area in which this Act has been brought into force.
(2) The Women's and Children's Institutions (Licensing) Act, 1956 (105 of 1956), shall not apply to any children's home, special school or observation homes established and maintained under this Act.
(1) The State Government may by notification in the Official Gazette, make rules to carry out the purpose 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 matters, namely:(a) the places at which, the days on which the time at which and the manner in which a competent authority may hold its sittings;
(b) the procedure to be followed by a competent authority in holding inquiries under this Act and the mode of dealing with children suffering from dangerous disease or mental complaints;
(c) the circumstances in which, and the conditions subject to which an institution may be certified as a special school or a children's home or recognised as an observation home, and the certification or recognition
(1) Immediately, before the date on which this Act comes into force in any area, there is in force in that area, any law corresponding to this Act, that law shall stand repealed on the said date:
Provided that such repeal shall not effect(a) the previous operation of the law so repealed or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the law so repealed; or (c) any penalty, forfeiture or punishment incurred in respect of any offence commutted against the law so repealed; or
(d) any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy as may be instituted, continued or enforced and any such penalty,
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