The SIKKIM CHILDERN ACT,1982

·.•..•.~~':'{l; .' ,..r;~""'''',,:',; 1~_./~ "'\, '·1 ..' 'i'" -'" ..-.----.. ,..... -.-'" ...-""-'-- --.~ tGOVERNMENT GAZETTE ;.. '" i EXTRAORDINARY "~""';7 PUBLISHED BY AUTHORITY No. 25 Gangtok, Friday April 16, 1982 LAW DEPARTMENT GOVERNMENT OF SIKKIM Notification No. 23/LD/82. Dated Gangtok, the 16th April, 1982. The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on 7th day of April, 1982,is hereby published for general information. THE SIKKIM CHILDREN AGT. \1982. THL SIi<KIM C1ULDIH:N ;\C1', 1')(;2, ACT No, + of 1,)02. AN ACT to prc)vidc fcn the prot cction, malntcuanco , welfare trainin« C,l.1"(' , cclucaJion and rehabilitation of ncgicc\cd or delinquent children ,111(1 for lh~' trial of delinquent: children in the State of Sikkim. Be it enacted in die Thirty-third Year of the H.epubJic of India as fo110\v5 ;--- CIIAPn:H I PIlEUMINAR Y. ShOfl: title , I. ( I) 'Thi::; ;'\(t 11'1,1), be calkd the Sikkim ChildrTll Act, 1')82. extent. rind (2) It: r.xtCllCh to the \vho!('. of the State of Sikkim. com!J]CIICClllcn t, (1) It sh0.l1 come into lorce on such date as the Government Jna)" hy notification, appoint; and d.:fCcrcnt dates may be appointed for diffe- rent provisions of this Act or for different areas of thc State. D~fillilions. 2. In this Act, unless the context Ot\Wr1yiCie requires, _ (;\) ",l,uliJOliscd pcr:ion" means it p<::~roun autho rised by the or Covcrnmcnt under sub-section (I) section J 6; (I ) "Jxgglllg"" means ---- 1 (i) soliciting or recclVIng alms in public phce or i3, cn:cT:n[; r,n <I.ny pri\ <1.1" premises for the purpose of soliciting or receiving alrns, '\~hdhf:r uncler thr: pretcilce of ~)inging, da.ncing, fortune tcllin\':, ·l)ertormin~ tricks or sdlina articles or otherw,~i!se;•. or U b (ii) exposing or exhibiting with the object of obtai- ning or extorting alms, a.ny sore, wound, injury, rlc:onnity or d;sea~,c, \\helher of himself or of ~.ny o:hr;- prrsrm or nf an animal ; or (iii) all'owing oneself to be used as an exhibit for the purpose of soliciting or receiving alms; (C. ) "J )1'0· tl 1C J ., " " pros'ltitu.lc", ccpros t-iItUt.'i"on 8,11 d .. " pub 1d'e place" shall have the 11le<l,ningsrespcctive lv a;;signccl to Ibm in the Suppres- "ion. 0[' Immoral Tr2Jii~" in \V,·mcn .inr! eirh !\ct, j 9S6; (cl) "child" means a person who has not attained the age of eighteen yeJ.l"S and when used 'with lTfcrence to a chilli bOlt to a children's home or special school ;:rriies to that child during the whole period of the stay, notwithstanding that during the period of slIch stay, the child may have attained the above age limit; (e) "children's court" means a Court constituted under see- tion 4; (f) ~'chi1dren's home" means an institution established or certified hy the Government under section 8 as a ellildren' s home; (g) "competent authority" means a children's court and includes in respect of any area for which no children's court has been cons- tituted. any magistrate empowered under sub-section (2) of secl icu 6 to ex- ercise the powers conferred on a children's court by or under this Act; (h) "cl;cngcl'olls rl1'1.lg" shall have the meaning assignecl to it in the Dangerous Drllgs /\('1, 19}0; ]l1aVe conr. ( r I n ) ittcd an "\I,: u li f l\ b (1 ,: I n 1 c ( c ,1 ; 1\ chiltl" 111(',111'~. c J ,; ) C I "ho hit,) r'cen found to r t i l r 'll'I v )' .0 1 ,1 '0 " " ( ( ! j l ) u ,, t ' . , 1 ) , e ' ljlu :0 " ' f , it , p IW ol I l, " e,' " (Je ' 1 " 1 " s , " t IO 1 o n r "(', o .it r . . I ' li n l) s ' ) I tit , utri O on U , Il( I " I' 1. m ( I e ) a y ns the an c y o ' m I p J e er te sO nt I : l o a r uth in o s - - ! 1(,(11(, and takeca,reo!-,\chddentnlstrdt ]', " '. Lion on II' ic t, e · t ms , . \, , It, I' COll( I' 1 " <'I0I1S speCif . ied hy ,,0 Ihe comp 1 e / t ' e ,0 n ] t lis au l. ( a h , o le rity' and , prote'::- , (k) "Cnvrl"ll.lIIent" 1ll~,-<,,'11S'('I,A " . • S' tatc \r.:./()Vernment of Sikkim; ,. ' (I) ",gLl:lrd , i,ln", in rcl:lll()it (0 "' cl II 'II (, in:ILI(I('" ' "-ny person " ho , In the l)jlll1l()/1 01 the C()J1lI)('(cllt author it, havin« lO"lIiz(lmc of r Procr , rd " lllIT .• ':J I II I · ( ·1 .uron t ' o a (' I 1 'l 1 l <. , I l;IS, f' or the (1 , 111C bCillC;, bthe baClu,d charne "-11f\ or CU11.1'0I over , that child, , ~ 0- 0 , (i) (ii) is I()ulld without all)' horu« or ~cLLlcd phce of ,'hud", or :my ostensiblc l1lC'<ll1.:oif subsistence or is (;Jllnd de~titute, whether he is all. orphan or nor; OJ' (iii) h,1~ a jlarl'n! or gllanlian whu is unlit or ullabl e tu cxercise or does not excrcise proper care and controIoyer the chil(l ; or (iv) IiI":' ina hl'Othcl or l'I',itl.1 a prostitute or rre fjl.lc1l.tl), gOl,s \0 any pL1CC USc(1 lor the purpose of prost i- tut ion, or IS f'ound to associ,\ll' with any prosti- ('utt', or al1)' other pt'l'SOIl who kads an immoral drunken or depr:tvtedlif'e ; , . (n) ,"ob.'icrv:ltiol1 home" means any institution or place csta- blishecl or rccogll,~cd by the Guvernment under section 10 <15all. observation home; (0) •'t,ffcnce" means an offencc jlulli~hable under any law 1'01' the time, heing ill r'orcc ; , (I) , "place or saJety"II1('<1ns :my phce or institution (not being a police siation or jail), the person in charge of which is wi llino temporarily to receive and take care of a child and whic]. in the opinion of the competent o.uthorit), may be a place of safety for the child; (q) " prescr: '1)C('I" 111e,111SpreS(T11 ' N I I 1 1)' rule s made under tllis Act ; " (r) "prob"tioll ufficer" means on oFl-icer appointed as a proba- tion officer under this Act OJ' under the Probation of Offenders Act, J958; (~) "special school" n"",n& "n. institutinn c,t"hli,hnl or cer- tifiecl hy the Covcrnment unrlcr section 9 ; (t) "supervision", in relation to a child placed under the care of any parent, guardian or other fit person under this Act, means the super- vision 01'l.hat child by a probarton officer for the purpose of ensuring that the child is propcily looked ,,[tel- and that the conditions imposed by the compe- tent authority are complied with ; (u) all words and expressions used hut not drhnecl in th;s Act and defmerl in the Code of Criminal Procedure, ]89S, shall have the meanings if assigned to them in that Code. 5 1898. Continuation 3, Where an inquiry has been initiated aga,inst a,child and during the if inquiry in course of such inquiry the child ceases to be such, then, notwithstanding ~ny- respect if child thing contained in this Act or in any other law for the time being in force, who has ceased the inquiry may be continued and orders may be made in respect of such to be child. person as if such person had continued to be a child, C]!-IAPTI3RII COM.PlETENi AUTHOR-HIES AND INSTITUTIONS fOR CfH1DP.EN Childre- • 4-. (I) Notwithstanding anything contained in the Code of Cri- courts, minal Pr-ocedure, 1898, th~ Goven1D.lcnt may, by notification, constitute <1 Forany area specified in th~ notification, one or more children's courts fOJ: § I398. exercising the power:, and discharging the dutks conferred or imposed on such court under this Act. (2) It children's court shall consist of such number of magis- trates forming a Bench as t.he Government think fit to appoint, of whom one shall be designated as the senior magistrilte and not less than one shall be a 9'" woman; and every such Bench shall have the pcwers conferred by the Code 5 '?f !i! of Criminal Procedure, 1898) on a magistr"te of the first class. Procedure,etc. , s· (I) In the event of any difference of opinion amon.g the magis- in relation to trates of a children's court the opinion of the majority shall prevail, but where children's there is no such majority, the opinion of the senior magistrate shall prevail. courts. (2) A children's court may act notwithstanding the absence of any magistrate and no orders made by the children's court shall be invalid by reason only of the absence of ilny magistrate, during any stage of the pro- ceeding. (3) No pcnon shall be appointed as a magistrate of a children's court unless he has, in the opinion of the Government, special knowledge of child psychology and child welfare. <1 Powers 6. (1) Where a children.'s court has been constituted for any children's area, such court shall, notwithstanding anyi-hing contained in any other law court.. 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 rela- ting to neglected children and delinquent children. (2) Where no children's court has been constituted for any area, the powers conferred on the children's court by or under this Act shall be exercised in that area, only by the following, namely i->- the: district magistrOlte; or any magistr~.te of the nrst class. The powers conferred on the children's court by or under this Act may :.lso exercised by the High Court and the Court of Session, when the proceedin.g comes before them in app- eal, revision or otherwise. Procedure to be 7. (1) When an.y magistrate not empowered to exercise the powers followed bf a of a children' 5 court under this Act: is of opinion that a person brought before maatstrate Mot him under any of the provisiona of this Act: (otherwise than. for the purpose empowered of giving evidence) is a child, he shall record such opinion and fo:·ward ~he under the Ac,t. child and the record of the proceeding to the competent authority havmg jurisdiction over the proceeding. (2) The competent authority to which the proceeding is for- warded under sub-section (1) shall hold the inquiry as if the child had origi- nally been brought before it. Children's a. (I) The Government may establisll and maintain as many chil- homes. dren's homes as may be necessary, for the reception of neglected children under this Act. (2) Where thc Government is of opinion that any institution other than an institution e,(ablishC<1 under sub-section (T) is fIt for the recep" tion of the neglected children to lw sent there under this Act, they may cer- tify such inst itution C\S a child"l'TL'S 1orne f,:' r!,(, r"croscs of this Act. (3) Every children's horne to which a neglected child is sent under this Act shall not only provide the child with accommodation, main- tenance and facilities for education, but also provide him with facilities for the development of his character and abilities andgive him necessary training for protecting himself against moral dangers or exploitation and shall also perform such other functions as may be prescribed. (4-) The Government may, by rules made under this Act, pro- vide for the management of children's homes and the circumstances under which, and the manner in which, the certificate of a children's home ma.y be granted or withdrawn. Special schools. 9. (I) The 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 Government is of opinion that any institution other than an institution establisher]under sub-section (I) isfit for the recep- tion ofthe delinquent children to be sent there under this Act, it may certify such institution asaspecial school for the purposes of this Act. (3) Everyspecial school to which a delinquent child is sent under this Act shall not only provide the child with accommodation, main- tenance and facilities for education but also provide him with facilities for development of his character and abilities and give him necessarytraining for his reformation and shall also perform such other functions as may be pres- cribed. (4) The Government may, by .rules made under this Act, provide for the management of special schools and the circumstances under which, and the maimer in which, the certificate of a special school may be granted or withdrawn. Observation 10. (I) The Government may establish and maintain as many homes, observation homes as may be necessary for the temporary reception of child- ren during the pendency ofanyinquiry regarding them under this Act. (2) Where the Government is of opinion that any institution other than an institution established under sub-section (I) is fit for the tem- porary reception of children during the pendency of any inquiry regarding them under this Act, it may recognise such institution as an observation horne 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 Government may, by rules made under this Act, provide for the management of observation homes and the circumstances under which, and the manner is which, an institution may be recognised asan observation home or the recognition maybe withdrawn. Ajtercare II. (I) The Government, may, by rules made under this Act, ofgonisations. provide for the establishment or recognition of aftercare organisations and may vestthem with suchpowers 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 and shall, for the purpose of enabling them to lead an honest, industrious and useful life, take all such measures it may 2.S deem necessary or as may be prescribed. Board if 12. (2) For securinjj effective supervision of children's home, Visitors. special schools.observatior homes andaftercare organisations established or certified or recognised under the provisions of sections 8,9,10, and Ir, the Government shall constitute a Board of Visitors consisting such number of members as the 'Government may deem necessary. (2) The Board of' Visitors constituted under sub-section (I) shall have the right to visit any children's home, observation home, special school or aftercare organisation and to record their comments on any matter it may think ilt. (3) Copies of comments of the Board of Visitors referred to in sub-se ction (2) shall as soon as may be after they are recorded, be forwarded by the managers of the children's home, observation home, special school and aftercare organisati'm 1<) the Sikkim State Children vVelbre Advisory Board. Sikkiw Stae 13. (I) The Government shall appoint a board to be called the Children Wel- Sikkim State Children vVelfare Advisory Hoard. [are AdYi50~)' Board. (7.) Such Board shall consist of such number of members as the Government may consider necessitry and shall advise the Government gene- rally in regitrd to the adminiatration of' this Act and more particularly in re- g:wd to the control and m;magcmcnt of the children's homes, observation homes, spt'cial schools and altcrcarc organisations established, certified or recognised under sections 8,9, I0 and I I after considering the comments of the Board of Visitors. Inspection cif 14-. (I) The Government may appoint it Chief Child Welfare Ins- children's pector and as rIli\lly Inspectors and Assistant Inspectors asft thinks £t to homes, special assist the Chief Child Welfare Inspector: schools, ere. Provided that one of such Inspectors and Assistant Inspec- tors shall be a woman. (2) Everv children's home, observtaion home, special school and aftercare organisation shall be inspected at least once in every three months by the Chief" Child Wr.ILlrc lnspcctor or by an Inspector or Assistant lnspector : Provided that when children's home or school or other organisation referred to in sub-section (2) is exclusively used for the recep- tion of girls only, such inspection shall be conduct0ed: either by the Chief Child Welfare Inspector or by a woman Inspector Assistant Inspector. ldedical exa. !.~. Every inmate of children's home, observation horne, minotion of speclal school or after care organisation establ is'hcd , certified or recognised inmates c:I under sections II,9, 10 and 11 may, as soon as practicabl e after his admission sehools. to such home, school or organisation and at such intervals thereafter asmay be specified by the Government by a notification, and also whenever so required by the managers of such homes or schools, be examined by a Medical Officer authorised in this behalf by the Government and a report of such medical examination shall forthwith be sent by the Medical Officer to the manager of the homes or schools and to the Chief Child Welfare Inspector : Provided that in the case of homes or schools used and for the reception of girls only, such medical officer, shall, whenever practicable, b. a woman. CHAPTER III NEGLECTED CHILDREN Production of 1-6. (I) If ally police officer or any other person authorised hy the neglected chi1- Government in this behalf by general or special order, is of opinion that a dren before person isapparently aneglected child, such police officer or other person may ctiildreu": take charge of that person for bringing him before the children's court. court. (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 infor- mation and take such action thereon as he deems fit and if such officer docs not propose to take charge of the child, he shall forward a copy of the entry made to the children's court. (3)l::very child taken ('Ilarge or under sub-section (I) snail D~ brought before the children's court within a.period of twenty four hours of taking such charge excluding the time necessary for the journey from the place where the child 11adbeen taken charge of, to the childrn's court. (.n Every child taken charge of under sub-section (I) shall unless he is kept with his parl:'nt or guardian, be sent to an observation home: (but not to a police station or jail) until he can be brought before a children's court. Special r.. '7. (I) If a person, who in the opinIOn of the police ofilcer or zcdure 1.0 ,,~ the authoriscr] person is a neglected child, lias a parent or guardian who has ioitowed when the actual charge of, or control, over, the child, the police officer or the legleeted child authoriscd p'erson may, instead of taking ch,\!'ge of the chile], make a report has paTen. to the children's court for initi<lting an inquiry regarding that child. '(2) On receipt of a report under sub-section (I), the children's court 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 chldrcns court that the child is likely to be removed from its jurisdiction or to be concealed, it may immediatly order his removal (if necessary by isslling a search warrent for the immediate production of the child) to an observation home. Inquiry 1:1' Ig. (I) When a person alleged to be a neglected child is produced :hildr~I1'S before a children's Court, it shall examine the police ornerr or the authorised court regarding pel-son who brought the child or made the report and record the substance neglected of such examination and hold the inquiry in tl1<:prescribed manner and may children. make such orders in relation to the child as it may deem fit: Provided that before holding such inquiry the childreris court shall direct the probation ofiicer to furuish Jt with a report regarding the antecedenrs anrl family history of the child and other material circurns- tances likely to be of assistance to the court In holding the inquiry. (2) Where a children's court is satisfied on inquiry that a child is a 11('[?lectec1child and t.hat it is expedient so to deal with him, ihe children's COUI-tJ~;<Lymake an order clircctinfT the: child to be sent to a children's home lor the period until he ceases to b~'a child: Provided that the children's court may, for reasons to be recorded, extend die 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 and twenty years in the case of a girl: Provided further that the children's court may, if it is satis- fied that havingregard to the circumstances of the case it is expedient so to do, for reasons to be recorded, reduced the period of stay by such period not exceeding two yea]"s as it thinks fit, (3) During the pendency of any inquiry regarding a child, the child shall, unless he is kept with his p"rent or guardian, be sent to an obser- vation home for such period as may be specified in the order of the children's court: ' Provided that no child shall be kept with his parent or l,;ual"ciianif', in the opinion of the children's court, such parent or guardian is unfit to exercise or does not exerc ise proper care and control over the child. Power to commit 19- (I) If the children's court so thinks fit, it may, intead of making nC[Jlected child an ordcr sub·,section (2) of scction 18 for sending the child to a children's to sui able home, make an order plaCing the child under the care of a parent, guardian or custO(!! • 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 heing of the child and for the observance of such conditions as the children's court may think fit to impose. .(2) At the time of making an order under-sub-section :\1)-or .at any time subsequently, the children "s.courr may, .in addition, .make an order that the child be placed under supervision for any period not el<ceeding three years in the first inetance. (3) Notwithstanding anything contained in sub-section (1) or sub-sect ion (2), if at any time rtappcars to the children's COurt on recei- ving a report From theprobatiol1 officer or otherwise, that there has been II breach of any Of the conditions imposed by it in respect o/"the child, it may, arl(;~rll1akin~ such i.nCjuir)' as it.deems fit, orcler the child to be sent to a chil_ drcns hOJl1~. ' }O. Where II parent or 'guardiali of II chile! complains to the Uncol1trollab!t children's court that he is not able to exercise proper care and control over children .rhe child. and the children's court 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 !nay deem fit, and the provisions or section )8 and. section 19 shall, as lar as may be, apply to such p1'Occeclingc.. CHAPTER IV DELINQUENT CHILDREN :1. (1) 'When an} person, accused of a. bailable or non-bailable Bail and ellS- f. offence ami apparently a child is arrested or detained or appears or is brought toby i?I .before a children's court, such person shall, notwithstanding anythingcontai- children, ned in the Code of Crirninal Procedure, 1898 or in any other law forthetime s of 18·~8. hCing in 11))'(c, be released on bail 'with or Without surety, 'but he shall not be so released if there appear reasonable l:,'Tounds 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 pcr~on having been arrested is not released on b;til under sub-scctiou (I) hy the oFficer-In-charge of' th.e.police srarion , such officer shall cause him to be kept in an observation home in the ,preseribc~l manner (hut not in .\ policc ,L\t ion or jail) until he can be brought before a childrcn'~ COUl't. (J ) When 'llLh pel'sol1 is not released on baiI under sub-section (I) hv the children's court, it shall, instead of committing him to prison, make' an order sending him to an observai ion. home 1"01' such period during the pendency <.if the inquiry regarding him as may he spcc.ilicd in the order. fn/ormation ro 22. Where a child is arrested, the oFticcr-in-c.:Il<lrge of the r(/rr~Jt or p()lice station to whic.], the child is brought shall, as soon as my be after the H!llll'di(7l) or arrest, inform .-. probotifHFI ~:JJicr.r. or (a) .the p.wcnt or gu,wdi<tn the child if he can be found, of such arrest and direct hi111to" be present <It the children 's court before which the child will appear; and (11) the probation officer, of such arrest in order to enable him to obtaln.information regarding the ante- cedents and family history of the child and other or marc rials circumstances lih,h· to be assistance to the cbildren's court For making the il1<]uiry. Inqu i')' b}' 231 Where a child haTing been charged with an offence appean ciJj/JrtJl's or is produced before a children's court, the 'childreri's court shal] hold the court r(ffl1'~ inquiry in accordance with the provisions of section 39 and may, subject to <:iil'll1 ddill. the provisions of thi5 Act, make such order in relation to the child as it deems ~JWlt childril'!. :fit. '- Orders thitt b« ;~, (I) Where a children's court is sarisficd e-n inquiry (hat a child plI.ss(dufJar- has committed an offence, then, n(ltwithstandin~ a.nything to the contrary dinil ,!f./i"~ conla.ined in 'tny othcr Iaw for the time being In t(:>rc~, th; children's cou;t qlii.m rh;]drtn, may, if it 50 thinks .iit,-~-- I('l.) aHo"\!(; the dJi!d to .Goherne ~Jter ~.,hite or ·'1dn"t(,- nit.ion; direct the child to he released on probation of good conduct or placed under the care of any 'p<l.rent, guardian or other ill: person., on such parent', guanlian or other lit person executing a.hond, with or without surety, that court nny require, for the good behaviour a.ndwell-being of thechild for any period not cxccedi.ng three years; (c) make an order directing the child to he sent to a special school for the period until he ceases to be ;), child : Provided that the children's court 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 yea1'Sin the case of aboy or twenty years in the caseof agirl: Provided further 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; (d) order the child to pay a fine if he is over fourteen years of age and earns money.· (2) Where an order under clause (b) or clause (d) of sub-section (I) is made, the children's court hUy, if it is of opinion that in the interest of the child and of the public -itis expedient so to do" in additon make an order that the delinquent child shallremain under the supervision ofa:probation officer named in the order during such period, not excc-cding three years, as may be. specified therein and may in such supervision order or impose such con- ditions M it deems ncccs,~.ry lor the due: supervision uf the dciin'lucilt ch'ild; Prov idcd that if ~t anv time alrcrwards it ~PJll'.1rS to the children's court: on receiving 3. rep"I-t from liw pro\.>,1.t;(>I1o.fficer or othcrvise-, th~t: the delinquent child has nut heen o/' g()oJ heh;\\ lour dIning tlw pcrio.l of supervision, it mav, .,i'tl'l' n1?king such inquirv as ·it deems lit, ordcr th,~ delinquent child to b~~sent to a sp'~~ial sehouL ' (3) The children's court makillg a WpcrV1SIOil order undel- sub-section (2) shall explain to the: Lhild and. the parent, guardian or other fit person, as the ease may be. under whose o.I'C the child has been p[;l<:ed, the terms and conditions' of the order and shall forthwith furnish one cop)' of the supervision order to the child, the parent, guardian Of ot'her fit pcrwli, as the case may be, the sureties, if a.ny, and the probation officer. (4-) In determining the special school or a.nyperson to whose custody a child is to be committed or entrusted under' this Act; the court shall pay due regard to the religious denomination of the child to ensure that religious instruction contrary to the religious persuasion of the child is not imparted to him. Orders that 25, (1) Notwithstanding :mything to the contrary contained in may not he any other law for the time being in force, no delinquent child shall be sente- passed agQinst nced to death or imprisonment, or committed to prison in default of payment Je]inquent of fine Dr in default, of furnishing security: childten, 9 Provided that where a child who bas attained the age of fourteen years has conunitted an of-fence and the children court is satisfied that the ofFence committed is or 50 serious a nature or that: his conduct and behaviour have been such that it would not be in his interest or in the inte- rest of other c],ilrlrcn in a special school to send him to such special school and rhat none of the other measures provided under this Act is suitable 01" sulficicnt. the children's court: lllily order the delinquent child to be kept in safe cw;tocly in such place and manner as it thinks fit and shill! report the case for the orders of the Government. (2) On receipt of a report from a children's court under sub- section (I), the Government may make such arrangement in respect of the child as it deems proper and may order such delinquent child to be detained at such place anti on such conditions as it thinks fit: Provided that the period of detention so ordered shall not exceed the maximum period of imprrsonment to which the child could have been sentenced for the olfence committed. . Proceedillg 26. Notwithstanding anything to the contrary contained in the uniier Chapter Code of Criminal Procedure, 1898, no proceeding shall be instituted Vl/I ojthe and no order shall be passed against a child under Chapter V!II of the Criminal Pro: said Code. ceduie Code IlJt competent against child. No joint trialc:J '!.7. (I) Notwithstanding anything contained in section 239 of Srf1898. child and the Code of Criminal Procedure, 1898 or in any other law for the person not a time heing in force, no child shall be charged with or tried for any offence child, together with a person who is not a child, rf (2) If a child is accused of an offence for which, under section S 1898. ?39 of the Code of Criminal Procedure, 1898 or <lnyother 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 (i), have been charged and tried toge~ ther, the court t~king cogninllce of that offence shall direct sepal·ate trials of the child and. the/other person. Power ~rpoljce. 28. Any Police Officer not below the rank of 8 sub-Inspect .r, rz.fJicers to if he is of opinion that any offence reported or suspected to have been (0i11- administer mitted by a child is not: of a serious nature or that it is not a repetition of a wal'llirJ 8· previous offence already committed by the child, may, notwithstanding anything coni ain.x] in cnv other pn.vi,.ioli of this Act or in anyother law for the time being in force and subject to such restrictions and limitations as may be pescribed, let such child off after adrninistering suitable \varing to such child; Provided that every case in which a child-ls so let off shall forthwith be reported by such police officer to the children's court stating the reasons for not investigating the case or not proceeding with the investi- g~.tion of the case, as the case may be. RCJJJOI'Q I rif 2'j. Notwithstanding anythil1g cotaincd in any other law, disqu(/lifica~ a child who has committed an offence and has been dealt with under the pro- tion attaching visions of this Act shall not suffer disqualification, if any, attaching to a con- to convict.ioll. viction of an offence under such other law. Special proYi~ 30. Notwithstanding anything contained in this Act, all pro- sion in respect ceedings in respect of a child pending in any cour-t-in any area on the date on oj'pendi/J[j which this Act comes into force in that area, shall be continued in thAt court cases. as if this Act had not been passed and if the court Ends that the child has committed a11. 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 i:espect of that child in accordance with the pro- visions of this Act as if it had. been ~tisfled on inquiry· under this Act that the child has committed the offence. 10 CHAPTER V P.ROCUHIRE or COMPETENT AUnlORlTIES GENERALLY AND APPEALS AND REVISION FROM ORDERS OF SUCH AUTHORITIES. Sitting e(:a., \1. A children's court shall hold its siUings at such place. Oil slich oI 's child,.", d\1)' and in such manner, as may be prescribed. courts, (2) A Magistrate empowered to exercise the powers of achildren'.s court under sub-section (2) of section 6 shall, while holding ;1;11)' iuquiry regarding aehiId under this Act, asfar as practicable, sit irra building or room different from that in which the ordi, nM)' sittings o(civil and criminal courts are held, or on r!iffen'nt: 'days or at times di1l'erent from those at which the ordinary sittings or such court are held. . Persons who 32. S;),ve as proviclc«] in this Act, no person ,il,tli be present at.any m,!), be present oitting of a cOl1lpetent authority, except- hifore compe_ tent tlutho,.ilJ. «1) any olhcer of the competent authority; or (b) the parties to the lnquiry before the competent authority, the. p;\rI"nt or guardian of the childand other persons directly concerned in the inquiry including police officcrs ; or (c) such other I)er,ons as the competent authority lllily permit to be present. (2) Notwithstandil"lg anything contained in sub-sect-ion (I), 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, kgal practitioners, the parent, guardian or the child himself should withdraw, the competent authority may give such di- rcction and ifany person refuses to comply, with such direction; the competent authority may have him removed and may, for this purpose, cause to be used such force as may be necessary. or Attendance 33. Any competent authority before which a child is brought under any of . parent orgua_ the provisions of this Act may, whenever it so thinks fit, require any rdja~ oJchild. parent or guardian having the actual charge of, or control over, the child to be present at any proceeding in respect of the child. Dispensing 34. If, at any stage during the course of an inquiry, a competent authority with attendance is satisfied that the attendance of the child is not essential for the pur- if child. pose of the inquiry, the competent authority may dispense with his attendance and proceed with the inquiry in the absence of the child. Committal to 35. (r) When a child who has been brought before a competent autho- approved place rity under this Act is found to be suffering from a disease re- if child slft/e- quiring prolonged medical treatment or 'physical or mental l'ina.fr(Jm complaint that will respond to treatment, the competent au- dangerous dis. thority may send the child to any place recognised to be an ease and its "pproved place in accordance with the rules made under this future disposal. Act for such period as it may think necessary for the required treatment, Where a child is found to be suffering from leprosy or is of unsound mind he shallbe dealt with under the provisiom of the Lepers Act, r898 or the Indian Lunacy Act, 1912, M the case 3 if r898 may be. 4- cd' 1':)12, Where ac01npctci1tauthority has taken action under sub-secficn (1) in the case of a child suffering from an infectious or ccnra- gcons disease, the competent authority before restoring the said child to hispartner in IDJ.rriage, ifthere hasbeen such, or to the gu~,rdia.n,O.S the case may be shall, where it is satisfied th!.t such action will b{~in the. inrorcst of the s~,id child, C;J;.IlUPP)) his partner in m;l.rriage (\1 the gu,J.rJi;J.rl,it, t.he case may be, to ~atjsry the. competent aurhoritv by submitting to medical examination. that such partner or gU3.l'di;m will not re-intcct the child in respect of whom the order has been passed. 1'1GS'Uliiptimr 36. (I) \Vhcre it appeJ.rs to a c(lmpetent authority that .1 person QDd deterinill<l- brought before it under a.ny of the provisions of this I\l t -r- tlot;tof (otherwise than for the purpose of giving evidence) is a child, tl~e (;onlpctmt authority shall make due iI,lquiry as to the age nl that person and for that purpose shall take such evidence as may be neccsslry and shall record a finding whether the person is achild or not, stating his age asnearly as'may be. 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 hasbeen made is not a child, and the age recorded by the competent authority to be the a.ge of the person so brought before, it shall, for the purposes of this Act,. be deemed to be the true age of that person. CirclJmstances 37· In making any order In respect of a child under this Act, a competent to b~taken authority shall take into' consideration the following circumstances into consid«: namely:- 'I ta.tio/l i.1l· 1EIakil1g oraers undu tbe ,ict. (a) the age <If the child; (b') the ·cii·c'tll1ist.lJ1ces III 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,.it, the opinion or the competent author itv-, require to be taken into consideration.in the interests or the child: l'rc,,"i<lccl that in the case of a delinquent child, the above cir- cumst anccs ~hall he taken into considerat ion aFter \he competent au.. thurit)' has rc('<.'rticd " hnding ,'g.'lillst the l'hild that: he 11.1Scommitted I.he, ()ff.::nce: Provided. Iurthcr that ifno report of t11l~probation officer is rcucivcd within ten weeks of his \Jcinp directed under section 18 or 01his bcinrr informed under scctionz r i~shall be open 1<.1 tlh> competent .l'lIlhority ~o proceed vvithout the report of the probati')ll ()fl1ce!', Swdil1ii <1 c/iIIJ jS. 'rnthe case of aneglected or deli!1(jucnt child whose ordinarv place of o1.1t.sidcv residence lies outside (he jurisdiction of the competent author itv before .juri.diction. which he is brought. the l:ompetent authoritv ma.y, if sarished after due il)(1(1ir; that it is expedient so to do, send the child back to a relative o'r other person who is lit and willing to receive him at his ordinary place of residence and exercise proper care and control' over him, not- Withstanding that such place of residence is outside the jurisdiction of the competent authority, and the competent authority exercising jUT·jS- diction over the plJCC to which the child is Sent shall in respect of any matter arising subsequently have the same powers in relation to the. ,-, "'t" child as if the original order had been:passed by itself. Kepotts to be 39· The report of the probation officer or a;lYcircumstances considered by trea't~das the competont authority under section 33. 'shall be treated as confi- (''O?yjdmtial. dcnttal: Provided that the compdcnt authoritymay, if H 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 pro- ducing ·SlH.h evidence as [l1,,\j' .bc relevant to the matter stated in the re- port. ~r Prohibition {o. (I) No report' in any ilC\\'spapn, magazine for llCWS sheet of anv l' publkation inquirv regarding a child under this'Act shall disclose the !1:>mC', names, tee., if address or school or any other particulars calculated to lead childrm 'in. to the idenl'ihcation of the child, nor shal] any picture of ;\1\Y l'oJ~(:din al~V such child be published: '. pror;udina unde: .the Act. Provided that [or reasons to be recorded in writing the autho- , rity 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 provisionsof sub-section (I) shall be punishable with fine which rnayextend to one thousand rupees. (I) Subject to the provisions of this scct ionranv person aggrieved by an order made by'a competent authority under this Act may, within thirty 'days Ircm 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 ofthirty days if it is satisfied . that the appellant was prevented by sufficient cause from ,pre- , ferring the appeal in time, '.. " (2) No appeal shall lie frorn-> ,. (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 the children's court 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. .p, The High Court m:ty, at ;\l1Y time, dtheJ- 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 si\tisf'ying itself as to the leg;,lity or propri etv of any such order and may pass such order in relation thereto as it thinks f-lt: Pr<,"irkd that the High Court shill! not pass an order under this section prejudicial to any person without giving him aresonablc oppui'- tunity of heing heard. l'rocedure ill Save as otherwise cxprcsslv provided by this Act, a competent illqo.irUS, authority while holding any inquiry under any of the provisions apped1, dnd of this Act, shall follow such procedure as may be prescribed rl!rision and subject thereto, shall [allow, as 1:11" as may be, the pror.e- procuding!. dure laid down in the Code of Criminal Procedure, T898 for trials il'l summons cases. ~ ?f 1898. Save as otherwise expressly provided by <?l" under this Act, the procedure to be followed in hearing appeals or revision pro- ceedings under this Act shall be, as far as practicable, in accord- ance with the provisions of the Code of Criminal Prodcedure ,. 1898. 1'."'er to Without prejudice to the provisions for appeal and revision IIIme.d orders. under this Act, any competent authority may, either on its own motion or on an application received in this behalf, amend any order asto the institution to which achild is to be sent or as to the person under whose care or supervision a .child is to be placed under this ,4,ct. (2) Clerical mistake, in orders p;\<;sed by a competent authority or errors arising therein from any accidental slip or omission may, at all)' tirne , be corrected hy the competent authority either on its own runt ion or on an application received in this behalf. CHAPTER VI SPECIAL OFFENCES IN RESPECT OF CHILDREN Punishment.fOr 4-5. whenever, havipg the actual charge of, of control over a child, cruelty to assaults, abondons, exposes or wilrully neglects the child or child. causes 01' procures him to be assaulted, abondoned, exposed or neglected in a manner likely to cause such child unnecc- ssary mental and physical suffering, shall be punishable with imprisonment for a term which may extend to six months, or with fme, or with both. No Court shall take cognizence of an offence punishable under sub-section (I) unless the complaint is filed with the previous sanction of the Government or an oHicer authorised by it in this behalf. f.l71ployment if 46. Whoever employs or uses any child for the purposes of children Jor begging or causes any child to beg shall be punishable with beDDing. imprisonment for a term which may extend to one year, or with Pme, or with both. Whoever, haVing the actual charge of, or control over, a child, abets the cormuission 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 cognizaGle. PenaItyJM 4-7. Whoever gives or causes to be given, 1:0 allY child any intoxicating [Jil'in[] intoxi- liquor in a public place or any dangerous drug, except upon the ((/lil1,q liquor order or a duly qualified medical practitioner or in case of sickness or or danBcrous other urgent cause, shall be punishable with fine which may extend dru[J to a child. to two hundred rupees. Exploitation oj 48. Whoever ostensibly procures a child for the purpose of any employ- child employees. ment and withholds the earning of the child or uses such earning. for his own purposes shall he punishable with fine which may extend to one thousand rupees. Power if the 49· (I) The Government may, notwithstanding anything contained GOl'crnment to in this Act, at any time, order a neglected or delinquent child disrharDc and to be discharged from the children's home or special school trall~fer chil- either absolutely or on such conditions as the Government dren. may think fit to impose; The Government may, notwithstanding anytLing 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 borstal schoo] 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 speCial school or children's home or borstal school: Provided that the total period of the stay of the child in a special school or children's home shall not be increased by such transfer. The Government mav, notwlthstandinrj anythine contained in this f,ct, ill: 8iW tin;!?, dischar:'c a.chil'd i"I'c;mth~; CITe of <lny person under \\'h'0111 he was pl;~.:cd under this Act, either <lb:;olutcly 01' on such conditions as the Government m'i;, think fit to impose, iJ'!,!. ~',t(!. w T ( r x a n nsf c e h rs ildr b e e n t ' _ s 50, (J) q T u J1 e C nt Go c v h e i r I n d me to nt he ]l t l r ;) a ) n ' sf d c ire IT ct ed a [ l r l o Y rn IlC < [ m ~ y kct C c l d -ti!d c r h c i n l ' d s o h r orne delin o - r homes, etc. , special school within the S~atc of Sikki;n to any other child- under the Act drens horne, ~;pccia.1school or institution of a likc nature ,. , . -, ({J)d:chi}dren's in anv other State with the consent of the Government of homes, etc; t?I that State. i~ r , r" like nature in " different parts c:I .J Indio . (2) The Covcrnment may, by g(~nr:I'a.l or spu:i,J.!(;!'<\or, pro vide for the j"CCc!,ltion in a children's horne or sp(~r;i;tIschool of a n('gkct:c,J, ch:ld or delinquent child dd:Jincd in a children's horne or special school or' institution of ~ like nature in any other State, where the Government 01' tint State makes an order for such transfer and upon such transfer the provisions uf this Act shal] :tpply to such child a if he had been orig,im.lly ordered to be sent to such children's horne or special school undct this Act. 4 Transfer (1) 'Where it ap[)cars to the Government that any (:hild kept in a child ren sijJe- children' 5 home or special school in pursuancc of this Act rins .from is sllffcrinL~ from lcl1rcsy or tuberculosis or is of unsound leprosy or mind, the Government rn~y order his removal to a leper tuberculosis or asylum or T, 13, Sanatorium or mental hospital or other if unsound place of safe cl.I';{ody [or bcin~ kept tliorc (i.ll' tlic remainder mind. of the term for which he has to he kept in custody under the orders of the competent authoritv or Ior sLich further [lcriud as may be certified by a medical officer to be necessary for the proper treatment of the child, Where it appci\rs to the Government that the child is cured of leprosy or tuberculosis or of unsoundness of mind, the Government nu)" if he child is still liable to be kept:

in cus- tody, order the person having charge of the child to send him o to the special school or childj'(~n's home from which he was removed, or, if the child is 110 longer liable to be kept in cus- tody, order him to be discharged. Placing out When a child is kept in a children's home or special schoo l, all liceoce, the Government may, iFit: thinks fit, release :hc child from the children's home or special school and grant him a 'written licence for such period ~tndon such conditions as m:Ly be spe- cihed in the licence permitting him to live with , or under the supervision of any responsible perso]) Domed in the licence, willin[! to receive and lake cb"nre of him with a view lo""edll-- o 0 care him and train him for some useful trade or calling. Any licence so granted under sub-section (I) :,liall be in force fOl' the period sp,~cihul in tlw licence or until revoked or IlI!'- or f'eitecl Ly the breach 0[' allY the conclitons 011 ';",.hich it was gr"nted, The Covernmcnt may, at any time, by orcle.r in WI iting revoke ilny such licence and order the child to return to the chil.dren's horne or special school From which he was rele- ased or to any other childrcn's horne or special schQ(i and sh:LlI do so at the desire of the person with whom or 1 . er whose supervision the child has been permitted to live in'ac- cordance with a licence granted under sub-sect,io~n (I").:J:~~: When a licence has been revoked or forfeited and the child \ refuses or fails to return to the children's home or special school to which/he was directed so to return, the Govern- \ ment may, if necessary, cause him to be taken charge of and to be taken back to the children's home. The time during which a child is absent from a children's home \. or special school in pursuance of a licence granted under this section shall be deemed to be part of the time for which he \. is liable to be kept in custody in the children's home or spe- cial school : Provided that when a child has failed to return to the chil- " dren's home or special school on the licence being revoked or forfeited, the time which elapses after his failure so to re- turn shall be excluded in computing the time during which he is liable to be kept in custody. Provision in Notwithstanding anything to the contrary contained in any other law if respect for the time being in force, any police officer may take charge without \ escaped child- warrant of a child who has escaped from a children's home or special dren. school or from the Care of a person under whom he was placed under this Act and shall send the child back to the children's home or spe- cial school or that person, as the case may be, and no proceeding shall be instituted in respect of the child by reason of such escape, butthe chilren's home, special school or the person may, after giving the in- formation to the competent authority which passed the order in respect of the child, take such steps against the child as may be deem- ed necessary. Child not to No child either neglected or delinquent shall be handcuffed or fet- be handcz1fed tered. orfettered. Contribution The competent authority which makes an order for sending by parents. a neglected child or a delinquent child to a children's home or special school or placing the child under the care of afit person may make an order requiring the parent or other person lia- ble 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 (I) 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 puta- tive father: 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 competent authority if shall not ordinarily make an order for contribution against the 5 1898. putative father, but may order the whole or any part of the sums accuring due under the said order for maintenance to be paid to such person as may be named by the competent autho- rity and such sum shall be paid by him towards the maintencance of the child. Any order made under this section may be enforced ir: the same manner as an order under section 488 of the Code of Criminal Procedure, T898. Control if Any person m W110se CUStOGYa C!lIIU l~ }'JdLCU. HI !-'''"o•,.,'''vv v. ,,,w "v. custodian shall , while the order is in force, have the like control over the child over child. ashe 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 persall: Provided that no child while in such custody shall be married except with the permission of the competent authority. Delinquent 57· In any area in which this Act is hrought into force, the Government child uruicr- may direct that 2. delinquent child who is undergoing anysenteDce of BOing sen," imprisonment on the commencement of this Act shall, in lieu of un- tence at the del:going such sentence, be sent to a special school or be kept in safe commencement custody in such place and manner as the Government thinks fit, for r1 the Act, the remainder or the puiod of the sentence, and the povisioris of this Ac;: shall apply to the child as if he lvrd been ordered by achildren's court to be sent to such special school or, as the case may be, ordered to be detained under sub-section (I) of section 24-. Appointli1ent 58. (J) The Government may appoint as many probation officers, 0'<:.(fiws, officers for special school, observation homes or aftercare organisa- tions and such other officers as it may deem necessary for carrying out the purposes of' this Act. (2) It shall be the duty of the probation officer- (a) to inquire, in accordance with the direction of a compe- tent authority, into the antecedents and family history of any neglected child or of any child accused of an off- ence, with a view to assist the authority in making the inquiry; (b) to visit neglected and delinquent children at such inter- vals as the probation 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 neglectecl or delinquent children and, if necessary, endeavour to find them suitable employ- ment ; (e) where a neglected or delinquent child is placed under the care of any person on certain conditions, to see whether such conditions are being complied with; and (f) to perform such other duties as ffi2y be prescribed. (3) Any officer empowered in this behalf by the Government may enter any children's home, special school, observation home or aftercare organisation and make a complete inspec- tion thereof in all its departments and of all p2.pers, registers and accounts relating thereto and shall submit the report of such inspection to the Government. Officers 5'), Probation officers ancl other officers appointed in pursvance of this appointed Act shall be d(':cmcd to be public servents within the meaning of under the Act section 2I of the Indian Penal Code. 5 oj I860. to be public servants. Pieced IIre in 60. The provisions of Chapter XUI of the Code of Criminal Procedure, respect if r893, shall, as far as may be, apply to bonds taken under this Act. 5 '?! 1898. bonds. Dclc,qation The Government may, by general or speCial order, direct that any c:Ipowers. power exercisable by them under this Act shall, in such circumstances and under such conditions, if ,:.ny, <IS may be specified in the order, \'" cxcrcis.iblc J.ho Ly an officer subordinate to the Government, 17 Pmtcction cif 62. No suit 01' other legal proceeding shall lie against the Government action I ':CIJ ill or any probation officer or other officer. appointed under this Act [I~od jaith. in respect of anything which is in good faith clone or intended to be done in pursuance of this Act or 01· any rules or orders made there under. iJ! 1'" Ccrtdin 63. Section 29B and section 3990[' the Code of Criminal Procedure, 1898, S 1898. provision qf shall CCJse to "'PI)iy to any area in which this Act has been brought Central Act into force. s qf J898 not to apply. Power to make 64. (I) The State Government may make rules 1'01'giving effect to the provi- rules, sions 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) ['aeilities for education etc. that may be provided in chil- dren', homes under sub-section (3) of section 8; (b) the circumstances and the manner in which certificates of a chi Idren's home, special schools, observation homes may be granted or withdrawn; (c) manner in which alter-care organi,ations may be reco- gnised ; (d) measures to be taken by aftercare organisation to enable the child to live an honest and useful life; (e) the manner in which a Police Officer may deal with a delinquent child not released on bail until its production in a children's court; (f) restrictions and limitations under which a Police Officer may let off a delinquent child after a warning; (g) the places at which the children's court may hold its sitting~ ; (h) the procedure that may be followed by the c01l1petent authority while holding inquiries under this Act; ,r (i) the manner in which the parents of a child are to contri- bute towards the maintenance of the child; r 0) such ether duties that may be performed by the proba- tion officers; (k) any ether matter which has to be, er may be, prescribed.' By Order of the Governor, B. R. PRADHAN, Secretary to the Government of Sikkim, Law Department, F. No. 16/(153)/LD/82. PRI!-lTED All THE SIKKIM GOVERNMENT PRESS