RAJASTHAN CHILDREN ACT, 1970
(1) This Act may be called the Rajasthan Children Act, 1970.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force in the State on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different areas thereof. "
(1) In this Act, unless the subject or context otherwise requires,--
(a) "begging" means--
(i) soliciting alms in a public place, whether or not under any pretence such as singing, dancing or performing tricks; or
(ii) entering on any private premises for the purpose of soliciting alms; or
(iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore wound, injury, deformity or disease whether of a human being or an animal; or
(iv) soliciting alms in or about a temple, mosque or other place of public worship; or
(v) allowing himself to be used as an exhibit for the purpose of soliciting alms;
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 every such member shall be vested with the powers of a magistrate under the Code of Criminal Procedure, 1898 (Central Act 5 of 1898).
(3) The Board shall function as a Bench of magistrates and shall have the powers conferred by the Code of Criminal Procedure, 1898 (Central Act 5 of 1898), on a magistrate of the first class.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Central Act 5 of 1898), the State Government may, by notification in the Official Gazette, constitute for 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 consist of such number of magistrates forming a Bench as the State Government thinks fit to appoint, of whom one shall be designated as the senior magistrate and not less than one shall be a woman; and every such Bench shall have the powers conferred by the Code of Criminal Procedure, 1898 (Central Act 5 of 1898), on a magistrate of the first class.
(1) In the event of any difference of opinion among 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 senior 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 a member of the Board or as a magistrate in the children's court unless he has, in the opinion of the State Government, knowledge of child psychology and child welfare.
(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) Where no Board or children's court has been constituted for any area, the powers conferred on the Board or the children's court by or under this Act shall be exercised in that area, only by the following, namely:--
(a) the district magistrate; or
(b) the sub-divisional magistrate; or
(c) any magistrate of the fist class.
(3) The po
(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 proceeding to the competent authority having jurisdiction over the proceeding.
(2) The competent authority to which the proceeding is forwarded under sub-section (1) shall hold the inquiry as if the child has 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 is 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 functions ass may
(1) 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 there under 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, 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 his reformation and shall also perform such other functions as may be prescribed.
(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) Where 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 purposes 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
(1) The State Government may, by-rules made under this Act, provide for the establishment or recognition of after-care organisations and may vest them with such powers as may be necessary for effectively carrying out their functions under this Act.
(2) Every such organisation shall take care of the children when they 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.
(1) If a police officer not below the rank of a Sub-Inspector of Police 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 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-section (1) shall be brought before the Board within a period of twenty four ho
(1) If a person, who in the opinion of the police officer or the authorised person is a neglected child, has a parent or guardian who has the actual charge of, 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 inquiry 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 hi? removal (if necessary by issuing a search warrant of the immediate production of the child) to an observation horns.
(1) When a person alleged to be a neglected child is produced before a Board, it shall examine the police officer or the authorised person who brought the child or made the report and record the substance of such examination and held 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 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 eighteen years, in the case of a boy, or twenty years in the case of a girl
(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, on 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, on receiving a report from the
Where a parent or guardian of a child complains to the Board that he is not able to exercise proper care and control ever the child and the Board is satisfied on inquiry that proceedings under this Act should be initiated regarding the child, it may send the chili 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 a children's court, such person shall notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Central Act 5 of 1898), 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 appear reasonable grounds for believing that the release is likely to bring him into association with any notorious 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 (1) by the officer-in-charge of the police station, such officer shall cause him to be kept in an observation home in the prescribed manner (but not in a police station or jail) until h
Where a child is arrested, the officer-in-charge of the police station to which the child is brought shall, immediately and in no case later than 24 hours after the arrest, inform--
(a) the parent or guardian of the child, if he can be found, of such arrest and direct him 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 inquiry 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 inquiry that a child has committed an offence, then, notwithstanding anything to the contrary contained in any other law for the time being in force, the childern'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 on such 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 bt sent to a special school,--
(i) in the case of a boy over fourteen year
(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 that 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 Act 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
Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1898 (Central Act 5 of 1898), 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 239 of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898), or in any other law for the time being in force, no child shall be charged with or tried for, any offence together with a 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 (Central Act 5 of 1898) 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 sub-section (1), have been charged and tried together, the court taking cognizance of that offence shall direct separate trials of the child and the other person.
Notwithstanding anything contained in any other law, 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.
Notwithstanding anything contained in this Act, all proceedings in respect of a child pending in any court in any area on the date on which this Act comes into 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 child, forward the child to the children's court which shall pass orders in respect of that child in accordance with the provisions of this Act as if it has been satisfied on inquiry under this Act that the child has committed the offence.
(1) A Board or a children's court shall hold its sittings 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 fair as practicable, sit in a building or room 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.
(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 parent; guardian or the child himself should withdraw, the c
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 bought 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 author may send the child to any place recognised to be an approved place in accordance with the rules made under this 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 is of unsound mind, he shall be dealt with under the provisions of the Lepers Act, 1898 (Central Act 3 of 1898) or the Indian Lunacy Act, 1912 (Central Act 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 be
(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 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 consideration after the children's court has recorded finding against the child that he has committed the off
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 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 of 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 had been passed by itself.
The report of the probation officer or any circumstance 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 one thousand rupees.
(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, exclusive of the time requisite for obtaining a copy thereof, 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 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.
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The High Court may, at any time, either of 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.
(1) Save as otherwise expressly provided by this Act, a competent authority while holding 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, 1898 (Central Act 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 provisions of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898).
(1) Without prejudice to the provisions 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.
(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 an application received in this behalf.
(1) Whoever, having the actual charge of, or control over, a child, wilfully 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 six months, or with fine which may extend to five hundred rupees, or with both.
(2) The infliction of reasonable punishments on a child for a proper reason shall not be deemed to be an offence under this section.
(3) No court shall take cognizance of an offence punishable under sub-section (1) unless the complaint is filed with the previous sanction of the State Government or an officer authorised by it in this behalf.
(1) Whoever employs any child for the purposes of begging or causes any child to beg or whoever having the custody, charge or care of a child, connives at or encourages the employment for the purposes of begging or the causing of a child to beg and whoever uses a child as an exhibit for the purposes of begging shall, on conviction, be punished with imprisonment of either description for a term which may extend to one year or with fine which may extend to five hundred rupees 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 which may extend to five hundred rupees, or with both.
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 five hundred rupees.
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 one thousand rupees.
Offences punishable under sections 42, 43 and 44 shall be cognizable and bailable.
(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 Director of Child Care 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 one special school to another 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 or special sc
(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, 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 for which he has to be kept in custody under the orders 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
(1) When a child is kept in a children's home or special school, the Director of Child Care 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 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 take charge of him with 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 Director of Child Care may, at any time, by order in writing revoke any such licence and order the child to return to the children's home
Notwithstanding anything to the contrary contained in any other law for the time being in force, any police officer may take charge without warrant of a child who has escaped from a special school or a children's home or from the care of a person under whom he was placed under this Act and shall immediately send the child back to the special school or the children's home or that 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 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 the 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 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 by a children's court to be sent to such special school or, as the case may be, ordered to be detained under sub-section (2) of section 22.
(1) The State Government may for the purposes of this Act appoint the following officers, namely:--
(a) The Director of Child Care;
(b) Children's officers, assistant children's officers for the inspection of special schools, children's homes, observation homes or aftercare organisations;
(c) The probation officers; and
(d) Such other officers as may be necessary for carrying out the purposes of this Act.
(2) The powers and duties of the Director of Child Care, the probation officers, children's officers, assistant children's officers and other officers appointed under this Act shall be such as are provided in this Act or as may be prescribed.
(3) It shall be t
The Director of Child Care, Children's Officers, Assistant Children's Officers, 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 (Central Act 45 of 1860).
The provisions of Chapter XLII of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898), shall, as far as may be, apply to bonds taken under this Act.
(1) The State Government may, by general or special order, direct that any power exercisable by it under this Act other than that under section 59 shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by the Director of Child Care.
(2) The Director of Child Care may, by general or special order, direct that any power exercisable by him under this Act, or the rules framed thereunder 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 him.
No suit or other legal proceeding shall lie against the State Government or the Director of Child Care or any Children's Officer or Assistant Children's Officer or 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 Schools Act, 1897 (Central Act 8 of 1897) and section 29 B and section 399 of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898), 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 (Central Act 105 of 1956), shall not apply to any children's home, special school or observation home established and maintained under this Act.
(1) The State Government may, by notification 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 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 diseases 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
The Bombay Children Act, 1948 (Bombay Act 71 of 1948), in so far as it applies to the Abu Area and all other corresponding laws in any other part of the State are hereby repealed.
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