THE ODISHA CHILDREN ACT, 1981

. .. - !;i Rec.ei~ed , the . assenc, of the ~ r q i q n t a on, :.the ; &.!Zy?. ,1~982,,-j?~sl: . . : , -. -, ,I: 1 published in . ari extraor dinqry a j ~ s u e of. t!?e$. . Or~s+,+tt~, &ted ' ' . . . .. 0 . , d . . . . , . I . , . .. '. .- . ,, ! ..; . - I:: the. 3Q!h Npvember,, 19821, , , :- : . ,. . . . - 4 ..:, . . . .' ,' -, ' i t , , , i , J ' , j , ' , ' , .. . . . . - . - . , . 1:. .':#,-. . : ~ ' , . ; f . , ;, 'J;JI, , . ' I . ..; .. . 7 .. . < , I , , * ..' I ' , o':>:,' . , . .. , : ,!. . - ,., - . . r # , ..'; .: . . - a 1 . > u , . . AN ACT TO P R ~ V I D E FOR FHB,C*RB;- PRQWTION,.UI&ANCB, mpm, , . . I . . . TRAINING, EDUCATION AND REHABILITATION ON NBGLECraD OF . -: . . -, DB~MQZ~BEFF CHILDREN A ~ D , , E O R .mB ,TRIAL .UP DB~LINQUENT .umi.~~& rN THE STATE OF O R I ~ 'I-.' ! .. J ; . :.,, :; tT , . ' '-! .:BE,'-it enacted 'by' t h e ~Legslafure' of.,the .Slate ,of':Orisg,lin;thi: :*.tfid Year bf the Republic of India, as follows :- . t i . A : m :[ - . , . .. , . . -mER '1, . , , " m - . ... , 4 , ' " ' t ] , . . .. ; .,I * . , . , . I . , ' I . , , ' , ., - , , . : , r " . : . ' . '... I . : , , : I .:<- , m . , . . , . d - " ', . - . , , ! :;:,,.. ,, -.. :,;ii, .., ,.! , , j . . , , ! 8 . . .. ; , - h . , L, .> +[( I - ! . ! S b m due, , 1. (1) This Act may be called the . Orissa .. Children Act, 1982. . . , . .. stat and . , .f, , , , , , . . . . , . . , :;:. .!:I ",n.;r,i,, , , ,: j h ' /i\> - (2) It extends to the whole of State of Orissa. mcni. . . . , . , . , . .. . , , - i.; 8' j l2r i ,, ,, ! ;;,, ;: < : : ii!;! , , - ; ! ; ! ! g o b 'Yj . : "(3) -1; .';ball &e, iito force .: in,. whole; or yip ,part q p such , date the sak Government may, by -qotificatio.n, appoint. ,and +ffaent dates - may be appointed fa different areas of the State. . . -. !: 'tl . Defidtioni. ' 2. In this Act,. udess-- the wit& votheiwise::req~~~,-i~ ..::. ,::. . " i:,, j = . I , t , , . - . . . , . . . . ' . 1 : .::!; * , : - % - (a) "begging" means- . , . , . .:- - - . , , . ., * . . ..I , .. . i ,:, ,-, ; t : ; ( i ) soliciting or receiving alms at any , pyblic or private or entering on any private premises for 'sohatlng or .redving alms whether . . . . under the 'pretence of ' singing; dancing. : fortuneiteui~ performing tricks or selling articles , .or ' otherwise ; : , : . . - . , . , , , (ii) exposing or exhibiting, ' with the object of obtaining mdng , 'alms, 'any sore, wound; : injury;- - defopity- or ,,disease, . whether of hiheif or of any othdf person 'or of an acmal- ;. . . . . . ..>! , - . . ( i i l ) allowing 'b&clf to be used: & an :~xhibii, fof th&bi&se of son- - > , . . . . ; : .citing, or receiving alms - ;. . - . , ., .. . ,, ( b ) "Board" means a Child Welfare ~ o a r d &nstituted vndk section 4 ; . . . , - , P . . . . , " , - ( c ) I'brothel", , . "pro2 ti tute," LLpr~stitutiod'. and *publid @&e": 5 h d have *helm d 1958 : m d g rapectively assigned- to. them in - the. Supprekion of b m o d Traffic in Women and Girls Act, 1956' ; . - . .. . , . , , , , . , , . . - .. . (4- "child': means a boy who has nit ittaihid ' the :ig= of $x;eeh, $&s a girl who has not attained the"age of eiglrleen' 'y&s "j , - . " ' 'c : (E) ."childreds mi$': me& a mkt +nstittitid 'undki' ' s d i i - . . 14 ; . , , . . , . "childreds borne.' means in ibtimtion eitaljlisbed .. or ., &rt8id:-by: ...-.. . theGovun- ment under section 8 as a children's home' '; ' ' 1 . . :. . . , . . , . . . . . . " ,',.+, -- *For Slatemat ebjects and reasons, see OrlSsa Qmt@, B x t p o r d I ~ , dated the 30th . . , " - ' septkmbcr, ,1981 No., (1284). - - . . . . , . , , . I . . . . I .. . _ . . ..,-- i.,; . . . . , , **cbaprer .and' Smtib* 43'0r chapter VI came into 'Tort:' with eiF( from the 31s! August 1986, . Vide, Home. . . , , , . , , ; -:, . ' 1 0' ' . ,'I.) Dommant Noacatian N;: s ~ ~ L B J I s ' ~ ! ~ ? ~ 28e .. - , - . ~k$t~:1986:: . < A , .- .... - - : : ~ d . - t> c;, * 1 - . . . .:." THE ORISSA CHILDREN- A&, 1981 r . . - ,/,*I . - . . ' > ~ o & $ ~ < * ~ ~ ! ~ ~ &fd482]2 ;.;,;-: ,. (See; .2 contd.) ( g ) ~ ~ ~ p e t & t %thd$@' pe@ -is1 ralatipn iegleoted children, a Boad eb;&hht&' &der!.jeetih ;. 4 1 &ij;;i~'&htion to:'', dilinqi&t i children, a childrm's court (;o&&ed u r i s lkecti& 14,,'and, where no such Board of children's court is constituted,-includes any court empowered under sub- section (2) of section 6 or sub-section (2) of section 16 to exercise the I , : ;"f .pbxm~ ; add-, 1 bxT&,.Boad. sr? cKl&enYs-i m; , I , , , , - q~ j-::~2,;.!~;)~ ?fi!Y;T:.::: !,; ix <-<-,:): ;:: . .,., 1 : ; r y-! ,;*, - . , . &iUWerol~s :dnrgW<i dull rhaTe:,the: meaning ,mime& to,- if in .the Dangerous I9j0 - - Drugs Ad, 1930 ~. i ) ! . ' l ! j ,,:I i ,. i : , i ;, k, :i. :; --;(l): .Yddmqv,kt.,chiIa"; meanra child1 who-has, Reen . . f~uafi to, - b v e . coppitted . . , . . ; a . . . . . . an offence; - , , , . . , . . . I < . . r r . <.I ,.::: ; , -, . Cf) "fit person" or "fit instit~tio~E~%q~~any person or institution (not being a policestation or jail) found fit by the competent authority to receive and take care of a child eritmted.to r ~ s or its are and protection on the terms and conditions specified by the competent authority; r z p : ,,: (;L.:!.': ;:I :. .;,, - , : . . - - . . - . . , (k) "Government" means the Goverriment af the ~ ~ t e df O h ; . . . . - - . . . . . ,- .. . . L 1C ,-::.:< : : . , : , a , - - i - 7 - . ... . , ' . .- ,. (9 "guardian" in relation to a child includes any person who, in the opinion ' 3 t ~ 12 L. ? 6f tli*hpet&t iifhority 4aving ' 'kignizkii* qf: any procedingd !in relation , t1,1 1.2::: ! ::b a.&iId!b,. for :th='*he 'being tki.. aemd charge f of . ~ r .:. < , ' . . . . - that child; ..... :, I r .; (m) "intoxicant-. mag-7 any; -.liquor or, :jntoxi&ting drug .c@ deined - In the B. 0. Em Act B i h r and Orissa Excise Act, 1915; 2 of ,1915. :. -. . .? . . , . . . (n) "neglected chiId" means a child wh+ tn. , -, , . '.'. ' - c,, . , >;;,;,, . ., . . ... , A . . . . ( r y ~ , fbundn k v ~ , a i , , , . . , ! I :. ' . '. .LL2', . , . . . . . . . . . . . ,, : ., . - ' . . - 1 . ._. . . . . ' ; . ; r ; ' ., ' , . .. . .- (ti) is found kith& btavidg- any home or. settled 'place of abode or any ostensible m a s -6f:hbsistence :-,or is found to be'a destitute, whether he is au orphqn or not ; or . i v ) lives, in a b~thel or with postipte or frequently goes to any place .., . . -(- -" ~ e d for the!'pur$&e of prosfihti~n, or : is found! - . to associate with an prostitute or any other ,person: who leads an mnmoral, drunker . or depqtved life; o r . , Y.' , , . . - (v) i s a victim of an act which is punishable under section 354, 355, &OAj:z6, . ' I _ I .. ' 1 . . 363,363-4, 3'66, 366A, 1367 or 373' of.- the- I r i h - Penal. Code,lSM) > , . or -ithilei the A Suppgessioa of . hyqral Tr&c(:in-i ... Vdmm and Girls . 8 : L - ,> . - - - , (. 7 . , - ActJ956; . - . : . . L i i l . 7 . (0) "obs$-yition home''. m- any institution or place established or recognised - by the,.[jqverment vnder scan 43' $s an 6bserVation :home; , , . . . . . . . . . - - . , (p) ''plqw ?f safety'' m9ns any pl- or institution (not being a poIice- statiod or jail); the perma in charge of ' which is willing tempotatiIy ., . to .rg.cei~e aqd +e. ,que of a cbild and which. in the. opinion of the . . . &mpe?e=t hutborify may be a. .place of -safety, foe the child;. - ' .. I - .. . . . . . . - . ., : " ... . . . . . . . . . . (q) "prescribed"-means peseribed by rules m.ade under this Act; - - I . . . . , . 1 . . ( r ) "Probation Oi5&;" means an officer appointed a;' Frobation Offiqe? under 20 of 195s this Act or under the Robation of QEenders Act, 1958; (3) "special schoql" qgae aq institution , established or cenified by the ~ove-ent under section 18; THE OIUSSA CHILDREN ACT, I983 [Orissa Act 24 or 19821 . , . ( t ) "supemision" in relalion to a child pIaced under the care of any parcut ' guardian- or other fit pcuon or fit instihrtion under this Act, means the supervision of that child by a Probation Officer for the purpose of , unsuring that the, chi!$ is properly looked. dter and that the conditions imposed by -the# competent authority ?re complied with ; ,and . , (u) dl words and expmsions used but not defincd in this Act and defined in 2 of 1974- -. the Code of Criminal. Proedure, 1973 shall have the meaningqassigned to thcm in that Code. , , . . , , , , cauinua- tbn of 3. Where an inquiry has bcen inihred against a child and during the coursz of a,& lo such inquiry the child cases to be such, then, notwithstanding anything cantained or in this Act or in any other law for the time being in force, the inquiw may be a whocontinued and orders may be made in respect of such person as if suchperjon ccagbd had c~ntinued to be a child. to be a child. CHAPTER I1 UlUd '. 4. (1) The Goverament may, by notfication, constitute for any area sipzdied mKm the aotilhtion one or mark Child Welfare Boards for exercising the pow& .and Bwdas. discharging the duties coderred or imposed on such Board in relation to neglected children under t h i ~ Act and Government also alter the territorial jurisdiction of the B d . (2) A B o a d shallconsist of a Chairman and such other members as rhe Government thinks fit to appoint, of whom at -least onc shall, as far as practi@!e, be a woman and every such member shallbe vested with the powers of a Judicial Magistrate of the first ckss under the Code of Criminal Procedure, 1973. , - . , , . Proccdura, 5. (1) Tn the event . of any differem dr opinion' among the members of a e k in mla- h r d ,the opinion of the majority sball prevail, but wherl: thcrz is no such rnajofify. t j m t O t h ~ the O ~ I I L I O ~ of the Chairman shall prevail. Boards. (2) A Board may, act nohvitbstanding thc absence .of any member of the Boatd and no order made by the B m i d shal be invalicd by rmon only of the absence of any member during any stagc of ihc proczzdings. - , , (3) NO person shall bc appointed as a member of the Board unless hc ,has, in the opinion of the Government, special knowledge child psychology and child welfare or has experience or has underguue training in dcaling with neglected children, Powa ot 6. (1) Where a Road has h e n constituted ior any area, such-~oardshall not- thcBoarU. w i thghnding:ang contained in any other law for the time being in force, but save as othewise e~pressly provided in this Act, have power to deal exclusively with a11 proweding under this Act, rehting to neglected childrn : Provided that if the Goyerryent so desire, they may assign the bnctions of the h a d to the childreds court, and vice versa : . Provided fitther that a Board may, if it is of opinion that it is necessm so to do baviug r e w d to the cisurnstances of thz case, transfer and proceedings to any children's Court : , . , , , .. - , . . . &ded that whore there is '&y diff~rence of opinion between Baard or &y authority. than Chief Ju$&l Magistqte of the Districf functioning as Board und& su-ion (2) iand 'a children's mart regarding the transfer of any THE 0I:ISSA CHILDREN- ALI, 198 81 [ Orissa Act 24 of 1982 1 proceedings under the ,second proviso, it shall be referred to thc Chief S u d i d Magistrate of-the Dlstricl for decision and in a case where the Chief 'Judicial Ma* trate of the District iilfunctioning-mas; -a Board such difference o f . opi&on shall be referred to the Court of Session and the decision of theCCbief Judicial Magistnte of thc District or, as the case may be, the Court of Session on such reference shall be final. m . - (2) Where no Board has been constituted for any ' area, tlie Government may, by n o t h t ~ o n , direct that the powers conferred on the Board-- by or under t h Act shall be exccc~sed [n that area by any of the following authorities, namely:- ' . , (a) the Chief ludicid Magistrate of the District, . , , . , (b) the Subdivisioml Judicial Magistrate, . (c) any Judicial Magistratc of the first class. -dm to be foU0- 7. (1) When any Magistrate not empowered to exericise the powers of a B o d wcdbya under-this Act is of opidon that a penon brought berore him under any of the Magishate ProvlsIons of thrs Act (otherwise f h n for the purposc of giving evidence) 1s a , > not Won- chtld. h e shall record such opinion and f o ~ a r d the child and the record of the . , , ered rmda ~roceedlng to the competent authority ,having jurisdiction over the *roceeding,. , ' (2) The competent authority to which the proceeding is fdrwarded under sub-section (I) shall hold the inquiry as if the child had o r l g d y been brought before it. Chltdren's 8. (I) The Government may establish and maintain as many chiIhe?'s horn& homa. as may be necessary for the reception of neglected childrcn under t h s Act- (2) When the Government is of opinion that any instirution, other t h m a c!Idrtn's home established under sub-scction (I), is Iit for the reception or neglected , . chrldren under this Act, they may certify such' iditution as a children's h o p ' I 1 - , . : 1 1 under this Act. (3) Every children's home to which a neglected child ii sent ubder this Act, shal I not only provide the child with accommodation, miintenance and facilities for education, but also provide him with facilities for the development of his character and abilities and give him newssary tdpi- for protecting himseH against moral dangers or exploitation and shaIL also perform , such other functions as may be prescribed to ensure all-round growth and development of his personality, - (4) The Government may, by rules madc uadcr this Act, provide for the management of children's home including the standards and the -nature of sewim to bc maintained by them and the circumstances under which and the manner in which the certificate oi a childreds home may be granted or withd~awn. i I ! Production 9- (1) If any palic~ officer, or any other person authorised by the Government of ndcrctcd in this behalf, by general or special order, is of opinion tbat a person is apparently Ehudren a neglectcd cl~i ld,~ sucll -police officer or authorised pemn may rake charge of thit 1 h f 0 ~ Board. Preson for bringing hm before a Board. - . (2) When information is given to an officer-in-charge of a pol&tntionabout any neglected child found within the limits of such statios, 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 proposeto take charge of the.child. heshdl forward a copy of- the: ,so ,made to the Bmd. , ' ,., , ,- , . , ,. , <, ,. ,:;., ; , < : , ' , ,..:;, ,; ;,, , . I 8 :,!; Orissa Act 24 of 18821 (3) Every c u d takcn charge of under sub-section (I) shall be brought before the Board within nventy-four hours of such charge being taken excluding the time necessary for the journey from the place where the child bad been taken rharpe of to the Board. I (4) Every child taken cbarge of under sub-section (I) shaU, unless hc is kept with his parent or guardian, be sent to an observation home (but not to a police' station or jail) until he can bc brought before a Board. . . , , , Bpsialprace- . 10. (1) IF a person;who, in the opinion of the poIicc oEcer or the authoriscd durn be person, is a neglected child, has a parbnt or.yiudian who has the actunl charge of eonow* or control over the child, the policc officer or 4 hc zuthbri~ed person may instead w l l a n d d d ,:::of taking charge of the child, make a reparl'to thc Board Tor ihitiatinglau inquiry child has r e d i n g that child. Parent (2) On rcceipt of a rzport under subsection (I) the Board may dl upon the parcat or guardian- to prodice the child beforc 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 c o n w e d it may immediately order his r h o v a l (iinccessary by, issuing a search warrant for the immediate production of the child) to an obse~ation home or a place of safety. . by the BGard. 11. ( 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 hold inquiry in the prescribed manner and may make such order in relation to I I , the child as it may deem fit. (2) Where a Board is satisfied on enquiry that a chiId is a neglected child and that it i s expcdient so to deal with him, the Board may make an order directing [he child to be sent to a children's home fof 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 nn u s e the period of stay shall extend beyond the time when'the child ' atrains the age of eighteen years, in the case of a boy, or twenty yeam in the cast: of a girI: provided Cuther that the Board may, if it is statis6ed that having regard t the circumstances of the mse it is expedient so to do, for reasons to be recorded, reduce the period of stay to such period as it thinks fit. (3) During the pendency of any inquiry regarding a cbild, the child shall, unless ' he is hpt with his parent. or guardian, be sent to an observation home or a pkm of safety for such p~riod as may be specified in the order of the Board : provided that no child shall be kept with his ,parent or guardian, if in the opinion of the Board, such parent or guardian is unfit or unable to exercise or does not excrcise proper care and control over the child. 12. (1) IT t h e Board so 1 hi& fit, i t may, instead of making an order under Power to sub section (2) of section 1 I far scndi~ig the child to a dhildrcn's horn! -make.,an put @wkd ordcr placing the child under the care of a parent, guardian or any fit persc nn or institution, on such parreot, guardian or fil pcrshn, execotion a bond with or mwy, ' , withoct surety to be responsibIe for the good behaviour and well-teing of the ','chiId and for the observanbc of Sukh conditions as the Board may think fit to impose. THE ORTSSA CM&DRI;,N ACT, 1981 (2) At thc time of makbg an ordcs under sub-section (1) or at any timi: subsequently, tlie Board may, in addibon, make sn order that the child beplaced under supenision for any period not exweding thrrc years in the first insbnce. (3) Notwithstaning anything contained in sub-section (I) or subsection (21, if at any time it appears to the Board, on receiving 2 rcport TJ-a. ; t!ic P.obation Weer or otherwise, that there has been a breach 01 an:! or the condirions imposed by it in respact of the child. it may, after m z l i i n ~ scch inquiry as it deems fit, order the child to be sent to a children's home. udfrmtm hbb W. Where a parent or guardian of a ch11d compiains to Ihe Board that be is - a&. not able to execise proper care and control over the chi!d and thr: Board i s . s a t W . . - . pn inquiry that, proceedings under this Act should be initiated. regarding the child, lt may send the child to an observation home or place of d a y and make such further inquiry as it may deem fit: and the provisions of section. I I and section 12 ahall, as far as may be, apply to such proceedings. - ' D E L ~ U H N T CEflLI)m . CMldmf~ wmL 14.0) Notwithstanding anything contained in the Code of Criminal Pro- 2 of 1974 1973. the Government may, by notihtion, constitute for any area s p d e d in .the - notification, one or more children's courts for exerising the powers and discharging the duties conferred or imposed on such court in relation to delinquent-children under tbis Act. , . (2) The ihildrm'~ CO# shall consist of such nlrmber of Magistrates fo-g a Beach as the Government tbink fit to appoint of whom one shall be designated as the senior Magisltate and every such Bench shall have the powers conferred bythe Code of Crimid Procedure. 1973 on a Judicial Magistrate of the First Class. 2 of197 (3) Every children's court shall be &ted by a panel of two honolary social workers m s s i n g such qualX&tion as may be p m i b e d , of whom at last one shall be a woman and such ptnel shall 'be appointed by the Govwment. P s d u m 15.11) In 16e event of any differen= of opinion among the Magishates of a 8% mlag children's coart, the opinion of the majority shalI prevail, but where there is no such ts&,B majority, the opinion of the skniar Magistrate sbdl prevail. am- (2) Thc chiIdrenJs a r t nay act notwithstanding the absence of any Mawate &emf and no order made by the children's court shall be invalid by r w o n only of the absence of any Magistrate during any stage of the procesdiag. (3) No wrson s l d be m i n t e d as a Magistrate of the cbildren's ca~rt unless he bas in the opinion of the Government, special knowledge of child psychology and child welfare or has undergone training d d n g with the delinquent chddrea Powtl of 16. (1) Whre a children's court has been comtituted for any a r a such mutt dddrm'a ahall, notwithtanding anything contained in any other law for _ the time being in force but save as otherwise expressly ' provided in this Act, bave power to deal exclusively with all pro~edhgs under thb Act relating to delinquent childffn: Provided that if the Government so desirc they may assign the fundions of the Court to the Board : Provided M e r that a children's wnrt may, if it is of opinion tbat,it is A ,, so, to .do having regard to the circumstances of the case, transfer.. any S : ' &$i&d &d. that' whkfe tie&: is sny djfferwe of opinion between : +udi: &i.. -&$',&thei:!'@tb;brity btfiey- tw . Chief - Judickl . M agi-te ':of -the ,Distric . . , A - :, 7 f u i i i t i b m . , , as childien's' COW .under sub-st.ctiPa (2). +d it. l l ~ m d remiling, the transfer of anjl pmciidings. bader .the second proviso, I t : ' shall- ,be 'Men ed , .to. the Chief ,aJu&cid Magibbte , of the Disrrict. for decision, and in ' a m e . where Chief Jlidicial ' M2gistrat.e of the District is fundoni~g as a clddren's .doua, sue we- k c e v of bpinion sMI' be 'referred ~a,,the Coiirt of. Session and the deuslon ,of the Chief Judicial Magistrate of the District: or, as the case may be, the Court of Session on such referenm shall be h a l . * . . , .. , l i (2) Where no -ckiI&ehls court , has been ukstituted -fir any area the Gown- meat may, by notification, direct that the powers coderred on the chddren's cburt by or under this Act shall be exercised in that a m by any of thk , foubwia authorities namely :.- . - . . , . . . , , , , (a) the Chisf ~&&l , .. ~ a i s t : r a t ~ ' . ' b f tho I DhMd; . . ,, . . . , (b). the' ~ubdivkion'al Judicial Magistrate,. . . (c) any. Judicial Magist* of the First CIass. , . .. , I . . , , . - - .,.!. , . . , : - , koccdm to 17. (1) When any Magistrate not. ernpow&ei to exercise ' the powers of a fo*n'C1c~drmS wrt under ihii Act- id! of opinion that a perion brought befpre him b&M% side1 any of the provisions of th. Act or under any other Lw (othmse than w e d for the parpose of giving evidence) is a child, he shall record such opjnion and fornard m& thh Ithe c u d ,and the record of the p m ~ d i n g to t h ~ cornpi-tent authority having bet. jurisdiction, : over the proceeding. . .. . , , (2) The comptent authority to which the proceeding is fomarded under sub- 8eclIon (1) sbau hold the, inqu j as if thc child bad origiaally been brought before it. G d d 18. (1) The Govkiment mmay establish 'and maintain 8s many spe'cial schools as acbools. may be necessary, for the reception of delinquent children under this Act. ' I . (2)'Wb& the ~ovkrnmeht is of opinion thal'>iny institution dthor tb.n s special school established under sub-section (I) is 61 for the reception of delinquent children under this Act, it may certify such institution 'as a special school for the purposes of this Act. (3) Every special schoo1 to which a deIinpent child is sent under this Act shall not only 'provide the child with acGmodation, 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 for becoming self reliant and shall also perfosm such other funcitions as may be prescribed to ensure allround growth and development of his personapiy. (4) The Government may, by rules made under this Act, provide for thc mahgement of spacial schools including the standards and the nature of servies 10 be maintained by them and the circumstances under which, and the manner in wbich, the: certificate of a specid school may be granted or withdrawn. (53 FOI every school establrshed or cerMed, the State Government dd appoint t: Board of Vaitors, constituted in such manner and consisting of such number of members as may be prescribed, to visit the, school and . r w r d their comments on aqy, matter they may.. &ink. fit . for the, -considera- ,;tion of: the management of fhe school,: and',for this; - pzupose any . member sf the * B o d : of.- y,isit?rs . , lahall 'hive, the n&f ':,. to . ' visit , Uy scaool at any time between the hours of sunriseL abd-:s~ns&;~ .Id . ' :: ' .. ' ' - - . ... * - ' . , , ' , l r - , 2 . , 8 , . . . . - - - - ' '- '- , i i . (a. Copies ., .of . , q q e p t s , . by -.Qe,, Bqqd <, referred to. in m.kec$o~ i5) sbail &' Gn may bd,"after, $he+ me' mrd&l;".ber ftjh&ed.!, -by - . a e ' d ' m a e merit of Ihe sQml to the Board. . ; i 2 - i ;: zwm~~hG#fL~Eki !R ~R€!T;~1982 [ ? V&i$&k&!24 Gf: 1982 J (Sees: l P . 7 2 2 ) Bail and ; , :, :.?9.~;(1) When- 'any , p,erson accusiofr,.a -~r$nog~b#Splp offence and ail-. a p p a r 6 h t l y ; ~ a . c h i l d . . i s , ~ ~ ~ e d - , ~ r : d . ~ e t a i n ~ d 4 ~ ~ i ~ p p ~ e p r ~ ~ , , ~ ~ ! ! ~ ~ ~ . , ~ ~ ~ o ~ ~ ~ ~ h i ~ ~ e n t cdW;:dt ~ e - n shall, nofwit@Qding.anyWng .cpn@n@ ln..%$ ~ o d c .af,~a;% of 1914 Pkbceduke;: 19-73; ,:or, in! other .law, the h e , beigg iq- fom, be .:?n-, , , kittijor: dithout.SUtety but he sball',d;be..go,l;tltaswJ i f , e e , .I, ii&Lea,ts-s~mE~+ graiin+ -for ,belie-g:. that the rel-d,e ..:is ;:likely to bring hiq ,in-to. , % w , ~ i ~ o ~ ,yth Bny . ,reputkd t3iminal.P:. or . &pose. -.-, to i .moral danger or. that h i s i k f k c odd . . ,,,, aefeat ' lhe en:&. of juslim. ,-, .,. . I , ) .. .: I - . . ... (2) When such person having been - ' &eb i3 &t '!k1&6d- ''53 G i i l - ~ d d & subsection. m, tb' E: (I) by the r>!?fiicer-in+hrge of the police-station, such officer shall cause iii. bbdtf$&bd ' h*me or, :a place of safity in the : piesaied hm -'( bui iii;i , ;;i , &fi%mdii bf ) , ~ & l : ' hd , a n , bi, ;.brought : . befom :a a =mafen's :. - . , , I ,.. . . - , i l , , ' 1 . ' , 8 ' . ' 'a - . , ,,';,'L, (3)When such psrson is nor released on bail under subsection (1) by the children's wut, it shall, instead of coymi*, @y ,v. pQon, m,& an, order sending him to an obsenat~oh 'k6;rid or a pla& df iifekJfor .such - peiiod during the pendency of the inquiry regarding him. & may ,,be spedfl ed .in:-the order. wormation 20.,Where a W d is &&d, ihe'dl~fi&iiikh&~k"&f t-he:.@G&station to to parent or which the child is btqught shall, as soon as may be after the arrest, inform- guardan or :; . , . . . . 4 .-- , ; ,- I I . .A ; , & . ,!if;:: ,,- ! ~mbation Officer . , , , , . ,i~j tihe &t oi ,guardian!: bt !be a d , > ji. st. can f&hna,:.of iub I , , , .. , , , . , : direct, .kni : to, pe prsiint at. the :cydreii?$- tdiiit ! bgfoie khich, , tiie chdd . , b ! . , , . I . , I , J ,. -, J :.. : . : willl~~~~@r,,~dA:,,,:~ ,, ! . , , . , ' ! ! . I , * ,.i . : , . I . I ,, . . . . I . : . . I : {b) thi ~robkion.~~ff icet , of. such west in ,:older ,,: to . ,enible .&' to..abt'& ''';':! ' I. :!: information regarding the antecedents and~rfamily,~mhistory of the .cbjlcJ,,.&i$ . ..> -., ... other material circumstances likely to lie of assistance to the cildrenra . . for mafciq , the inquify. .. -. .,- I I , - I-,, 8 , , , . , . , Y1, dih, c&.L.& g&n.=&ge;l it,.. b#di,& , is ir* adad Inquiry by the e~l~dren's before a children's mut, the children's court shall hold the inquiry in accordan& murk ward- with to ~foyisi.om , of , C ~ P @ , v, ,and ,may, subject to the provisi,ons ,,of this Act, . da'@ue m&e such .order in relatiqn .to the,,$bild, iii it ,ae- fib. , , . + ' ! .. nr ~hildrcp. . . - . . . . I , : ' o:..:, . . Orders i h r 22: (1) Where a ehil@ren's COUJ? is satisfied on i n g x that a child h has mmmi tted m a bepas- An b,ffen&, then, n6MfhstariiIi ' a&hiiig .ti) the o b i ry cb'ntained in sy other 4 -h,hw.for thd'ilml &iG *3 Fdi&fpthebhilGe$d, kvd Gay;.~jf it .io- ficl d~liuquo~t ' I 1 ' : . I - , i i 1 chIldrao. (a) &ow the child to go home after advice or admbnitirifi ; or -, (b) direct the child, to ! -be released on probation or good conduct and be place$ ugd? the +re of ajnJ; pard, giardiaii or otli& fit ,person oh mch parent, guaraan ,6r -0th- fit pqiGiz , ejc&uti@ a ~ o n d ; with or witholit au.retp,,as the court. may qujie,' for tde ,good behaviour ada well-king of the child for e;kbdil hbt &&ding thiee y&is ; or ( i 1 -ifl the case of, a- , boy over fourteen y~ of ,age gr -of a - giril over sixteen years of age for- a period bf not less than three y&i ; Provided that a children's court may, if it is satisfied that having regard to the nature of the 05~1ice and the eircumsty& &the c a k it is expendient so to d;d; for reasou to bt tecorhetl, iedlice the Period of stay b siich p d o d as it thidks fit: d's* &i;, fOi, wbb ohs tb r h ~ & mdd nb; &k the f i p d hf &y &jll ;exfad %yijnd t l ie U I Y G! til&&a )&A; in thK of a bdi, br twenty years, in the cast of a giil ; or. . -: I ' (i)'%&, &n 6ida under cla& ((b):or ;clause (4). icii -SU b-se'ttjoir (l) :ii%dc, '' &&j'khildr&f8 'cow &$, if' it -is of bpidoi:..that -.,i= :thElihf&sp bfi..tho :child ,ia .&& :bib&, ji. ib &fi&,&,, sb to' d+ ; ;flaitio3 h: ; b ~ s fit th6 da~#eM r l child shall remain under the supervision of 3 Probation Officer named in the omtm &A%, 4&h paid&;. . ., , hst t6r:iec y&: as hley awpeoi8bd therein,, aCdjsg . ih sopi+ib;i ,'ordk? imeose such dhdttiod as it deems nixi:siG for the dm G5ed&i' ,of 7th~ delifiquent &hild : , , . . ' . ' . ' . , I , - , . . . , '.: I., ' - ' ' provided that if at any tlme a f t k d s i t appears to children's c&R on rmiv& a repos fr.om the Probation O B e r or othemise, that the delilipwent child II& imt been . of good . behaviovr during .the ~ei0.d- of siigwfi i t me,, , ,@? making .wikh iinquiiy. as it deem8 fit;. order the delinquent chIl .to be, syt to a special school. (3) he :ij$Id.i&*C kauri miking :i ihpihi6disidn orderundei ;sub-iektiod : (2). hal f kkfiIain, :id thk . Cliila': and: tke: @dt; 'gtlardkiii br. ather, fit. persoadair' the c d i may k, bAd& *ha's& +&the 'child hai $keii, phi&$,. tE l i , - thh3 :and mnditibnsl of.,- or& &d :fiirtliwi t t i l fu?&! dnk - - ~ p y of ! :+c !superPigion ordQ .to .the . . ,chil& .*lie .cent, !,:or 6thgk.5t'@qoiii d' ;thet case . mky ')be. the d e t i t g ; if anyi.and .tb & & , : , : 1 ! , . , . , - , " , . : I " . , I . , , . , , , , . i . 8 , ,,: .,: < , , . . , . - . I , 7 1 1 > I , , - , ,- - , -. , L . . . - 3 ; ' . .. . . , , , , ,,. , , ; 1 , , 8 . . ":I ..Lit1 . : I ,.,. a .:,! i , ' . , , .- , , . , - . . , j . , . -. g,? ,.* .! ., (4) In determiaing the special school or any person to whose custody a chld is to be committed or entrusted unde~ - this . Act, th court shall pay due regard to the . . I E religious denomination of the child' to kis&elt at religious instruction contrary to the religious persuasion of the child . .. is not imparted to , , him. > . . , . . . ' Ordm that 53. (I ) fih&thst&dihg aiytlii&, to thd &ntiaiji &nfaifi&i iii ihy ofhb liw for . may n a b the time being in force, no. delidqueiit chlId.hhall6B 5&iIt'erikd to death or- kprison- puled d- na ment. ~ m m i t t e d , , to , prison in default o f payment , , of fine or in default-of furnishing nt chddron. . secmt~ - . , , , , , , ' . , I ' , - . , ' ' L : Provided that wlieri a child who' hk &.hind. the, age of &ten , $mi his . bdlmitted an oEenui and the diildrtds q r t is satisiied *at , t h ~ - - ,offen&- &iiSttk?i is of .s~..seiious daruti '.or that his .muduct ,!and, be@viviour have oeen such fbit it would not be in his interest or in the interest of other ~h i ld&$, i r ia ,3~ec id school to send him to such spxial school and that norie of thi: other digsure's provi -ed under this Act is . sui,tabIe or suficient, . the .children's court may order th&' c f elinqueat chifd tb Eik kkpt iii saf6 kuitody in such pL$ and iniahher as it thinks fit and shall report the m e for the orders of tKe GoverGent: (2) On receipt of the report from the children's court under sljb-xciion (I), tl$e, Giiveidmeiii f i y ihake such arra-ent in respect of the child & they deem -p&er and may order such delinquent child to be detained at such place and on such conditions as they think fit: - ~ i b v i d k d tkit t i& period of dkfeitioii sd iitdkced shall dot i:xd&d the haximum period of imprisonment to which the child could have been sentenced for the bE&.. ~&,i t ted . - t4: ~otwifhsiaatiin~ ~nythiag to ths.&ntraqi mntaineci in thi &he ai-od mdor Chap -Rotedure, 1423, no proweding. , shall, .bqr in$ihtd and no brd& shill be 20f1974 WVqZ ~ g d a s t a child under Chapter ,VIU of the i i id Code. tbsmminal - . . Oode not ampdml , - -EblIdr . NO ht at .'-,. ;25.'(1 r; Nohtithstandingi: anything. contained in section : 223, ,of . the Code of o f c k d a d CrimiihlProad~c,,l973; o p i ~ a o y 0 1 h e ~ ~ . Lw fqq the time being,.+ . f 6 r ~ .n$Jchild 2 of1914 F-not @all be charged, with-or f riqd foi?, aniioffenCe (bgether . . !it h a :pkis bn who is' nGfk'khld. - , . < . . , I ' .; , , . , . I :-;. Q If a child. ib 'acfuwd of an o f f e q 'for whi& oqder &ion '223 of $B Q& , o f , ~ i m i n a l , , b . w i ! u ~ , , 1973. or- any other law for &.time, .b+,ng in forw,,-su&2 of 1974 - . c u d and any person who is not a child would,, but for ,the proFiibith5'dn contained In sub-section (11, have Been charged and tried togethei, 'th'e court t&hg mmjzance of that offen-ce ,shall direct separate trials of the child and such other person. : I . . . . ' . ,, . . . . . . . ~m or ' 2&,.- ~b&ith$&iding anything contained i n a6y other . law; child- who : has dlsqdfiea- an offence and ,has en dealt' with, ,under, the provisions of this Act tion amah- ' shall .;hot suffer disqualification, - if any, atvachiog to a d6nviction- for - an o£ienw,: under -Lw mndcl- sueb law. 100. C- p - p r o - ' 27. Notwithstanding anything contained in t&k Act, allproceedings in respect m of a child .peid.ing in any .court in my area on the date on which this Act m e s :into .fbrce in that area, shall be conlimed in that .confl as. if this Act had not been ' p h d and if the eaM h d s tlut the child has. m i t t c d o & w h it - shall(: record sucli hding and, instead of passing any . senten&, in respedt of the child, forward the cbild to thechildrens murt which shall $ass orders ia respect of that child in accordance with the provisions of this Act as if it had been satidid on .ipqw ,l?nder this A a that the child bas commited the @en=. . , , - . . . , , , I I SiffingB,ttc. 28. (1) A Board or a Chlildren's Court shall hold its sittings at such place, I of Bauds on such day and in such manner as may be pr ecribed. and ajdrcn'fi aurk (2) A Magistrate empowered t i excicise the powera of a Board under sub' section (2) of section 6 or of a Children's Court under suhection (2) of section 16 , as the case may be, shall, while hoIdipg an inquire r e d n g a child under this Act, as far as practicable, sit in a bailding or room different from that in which the, ordinary sittings of Civil and Crimid Courts are held, or on differezlt days or at times diffaent from those at which the ordinary s i w of such C O W are held. personewho 29. (1) Save as provided in this Act, no person shall be present at any sitting of may be a competent authority, exept- present wore mm- pent a n t b (a) any &cer of the competeat authority ; or (b) the p e e s to the enquiry before the competent authority, the parent or guardian of the child and other persons directly concerned in the i n q d including Police O5cers and legal pmctioners ; (c) such other person as the campetent authority may permit to be prqent. (2) Notwithstanding anything contained in sub-section (I), if -at any stage during an inquiry, s competent authority considers i t ta be expedient i4 the interest of the c u d or on grounds of decency or morality that any person including the police &wrs legal practitioner, tbe parent, guardian - or the child . himself should withdraw, , . . the hupetknt authority may give such &=!ion and if any p h o n refueses to comply with such direction, the competent authoriG-, may bave him removed, , and may, for tbis puqose, cause to be used such force as may be necessary, . , (3) No l e d ractitioner shall be entitled to a p p e ~ before a B o d in w casa+ , . - . B ar promeding b ore it, except with the special permission of tbat Boatd. .'., .:"; .,. . .. . . . . _ . _ . 157' THE: ORISSA CHILDREN ACT, 1981 [ Orissa Act 24 of 1982 ] Presence of parent or. guardian a t I the prome- I ! ding. Dispensing w i ~ h allcn- dance oC child. 30. A. competent authority before which a child- is brought undcr any of the provisions of this Act, may wlicnevc'r it so t h i ~ i k ~ Et , rzquire any parent or guardian Laving the actual charge of, or control over, the child to be present at any procce- ding in respect of the child. . , . . . - . .. 31. If, .a t any stage, during the course of sin inquiry, a competent ,authorityis satisfied that attendance of 'the, child is not essential, for the purpose of the inquiry thc competent authority may .dispense with his attendance and proceed with the inquiry in the absence of the. child. . . ' I . . . , . , , , . I cornrnithl 32. ( 1 ) ~ i i e n ; a child who has been brought bcforc a'cornpctent authority.under - - lo approved this 'Act, is found to be s'gering . from. ' a diseasc rcqhirlng prolonged mcdica1:- place Of uea l ment or from physical or mealil. complaint that will respond to tr~atmint, , child sucrer- ing from the competent: aulhorjly may send the chiId to any plam recognised to be an - dangerous approvcd placc in accordance with the rulcs madc under this Act for such period dimeand as it may think ncccssary for thc requircd treatment. its future . . ' . . .. . - disposal. 3 of1898-'. ':T (2) Wherc a ~ i i d is found to be smering from leprasy ar is OF unsound mind.: 4 OF 1912. ;-- , he shall be d a l t with under the provisions of the Lcpors Act, 1898 or the , . Indian Lunacy Act, 1912, as thc case may be. . . . . . , . . , . . . , . . . , , . (3) Wherc a competent authority has tikin .action undbr syb-section (1). in ,the ; - ' case of a child suffering from an infectious or , contagiors -disease, the . competent authority beforc restoring the, said child to his partner in marriag, if ' , there has been marriage, or to Ihc guardian, as the case may be, slull where it js sa~isfird that such action wi l l be in the interst of the child, call upon his partner in marriage or the guardian, as the case may be, to satisfy thd court by submitC .. . ing to medical examinalion that such partner or guardian wjll not rejnfcct the - , chrld in respcct of whom the order has bcen passcd: . . Presumption . 33.(1) where it appears to a competed authority that a person brought beforcore- . . . and darer- l t under any o,f the provisions of this Act [otherwise than for the purposr o r giving . . millalion of evidence) is a child the competent authority ,shall pakc. due . inquiry. as to the age. age of that'. person , and for 'that purpose shall t a b such -,evidcnc as may .lie. 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 the competent authorily shall be deemed to have . bicome invalid merely by any subsequent proof that the person in rcspect of whom. the order has been made is noi a child, and the agc recorded by Lhe competent authority to be the age of the person So brought belore i t shall, for thc purpose of this Act, be deemed to be thc true age, of that person. , - Circumsla- 34. In making any ordcr in respect of a chijd under this', Act, a. cornpctent tq bc authority shnll takc into consideration the fdlowing cir~umstances, namely + takcn lnto considcrat ion in making (a) The agc of the child; orders. (b) The circumstances in which the child has been living; , (c) The reports made by the -Probation. Oflcer; (4 The religious periuasion of the child; (e) Such other circumstances as may, in the opinion of thc cornpctent authority require to be taken into consideration in the intcrest or thc child: Provided that in the case of a delinquent child, the .above circumstances s l id be taken : into' consideration after the Children's Court has recorded a finding'.tbat thc c hildas committed an ofrence: [ Orissa Act 2.1 o f 1982 I provided further that if no repork of the Probation O E m is received within ten weeks of his being informed under section 20 it shall be open to the Children3 Court to proceed without it. Seuding~ 35,. In the case oE a neglected or deIinq~ent child whose ordinary p1ac.e of child au,dda residence lies outside the jurisdiction of the mmpetent authority before which he is jurisdiction. brought, the competent authority may, if satisfied after due inquiry that it is expedient so to do, send the child bach to arelatiye or other person who is fit and willing to received him at his ordinary place af resideace and ~c,xcrcisc proper care and - control over him, notwiths tandlng that such place or residence is outside the jurisdic- tion of the Competent authority, and the competent authority exercising jurisdiction over the pha to which the child is sent shall, in respect of any matter srising subsequentIy, have the same powers in relation to thechild as if the origind order had been passed by itself. Raporls and 36. The repoft of the Probation Officer or any circumstance considered by thc ~rnjdora* competent authority under section 34 shall bc,treated as bnKdentiai : tion of clrcumm- 9Fll to b trrsted as Provided that the competent authority may, if it so thinks fit, co#unicate eclnEdantial. th e substance thereof to the child -or his parcnt or guardian and may give such child, parent or guardian an oppbrtunity OF producing such evidence as may be. relevant to the matter stated in the report. Prohibition 3741) No report in any newspaper, magazine or news sheet of any Inquiry Or 0fpublica- investigation regarding a child involved in proceeding under this Act, shall tim of namc d c k q f ~ - isclose the namc, addrcss or school or any arther particulars ca l~u la t~d ran ~nvolved b Icad to the identification of the child or shall spy picture of any such child in mLnr ~ r a - be published: eding undtr , the Act. Provided that nothing in this stctionshd met the bona ffde publication of any report of any such proceeding in any scientific jouma1. or other publication devoted cxclusivcly to the protection or weifare of children. (2) Any person contravening the provisions of sub-section ( I ) sball' be punishable with h e which may extend to one thousand rupees. Procedura 38. Save as otherwise expressly provided by this Act, a competent authority or aummoFs while holding any inquiry under any of the provisions of th is Act, shall follow mappl l - such procedure as may be prescribed and -subject thereto, shall foIlow as far as cable. may be, the procedure hid down in the Code of Criminal Procedure. 1973 for z O r ,974 trial in summons cases. Power to 39. (1) Without prejudice to the provisions for appeal and revision under this Act arjlaJ order. any comptcnt autllority may, either on its own motion or on an appIication received in this behalf, amend any order as to the persm under whose care or supe~vision a chiId is to be placed under thSs Act. (2) ~lerica1'misfakes in orders passed by a competent authority or errors arising therein from any accidents[ slip or ommission may, at any timc, be corrected by the ~ m p e t e n t authority either on its own motion or on any applicatfon rcccived In thls bebIf. THE ORISSA r ~ ~ m ~ ~ ~ c ACT, 1981 [ORLSSA~ ACT 24 OF 19821. (Secs.. 4 0 4 3 ) ' CHAPTER V APPBAL AND. RBVISION ! Appeals I 40. (I) Subject to the provisions. of this section, any person aggrieved by an I order made by a competent authority under this act may, within fliirty days From I the date of such order, prefer an appeal to the court of session : I Provided that the court o f session may entertain an appcal after the expiry.oF the said period of thirty days i f it is satisfied that thc appellanl was prcvcntcd by sufficient cause horn filing thc. appeal, in. rimc. ., -,, - ' . I . , , - (2) No appeal shalL lie from- . I, , .. (a) any order of acquiLtal by the children's court: in respect- .of a child alleged to have committed an offcnce ; or (b) any, order made ,by. a- Board, in rcspect, of rr . .finding that-a . .person not a neglected child. , . (3) No sewnd appeal. shall ,lie from any.or.dcr or the court of . session .passed in appeal under this scction. . . Revisior~. 41. The High Court may, at any time, either on its - own motion or on an application received, in this behalf, call for. t h e records of: any pmccediDg i n which any coptpctent 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 may pass such order.-in relation. thkreto .asl it .thinks,,fit. : : I provided. that the High Court shall not pass an order undcr this section prejudicial to any person without' giving him a reasonable: opportunity of being hcnrd. Procedure In 42. ( 1 ) Save as otherwise expressly provided by or under this Act, the procedure hcarrng app- to be followed in hearing appeals o r revision : proceedings undcr this Act, shall, as cab and revisions. far zp practicable, bc in rt~cordan~e with the provisions of the Code of Criminal 20f~974 Procedure, 1973. (2) The powers conferred on the. children's court or on the Bcard or any ' ~udicial Magistrate by, or under section 6 or 16 may also be exercised by the High Court and the court of sessions when the proceeding comcs before them In appeal, revision or othemise, Observarion - 43. (1) The Government may establish end- main fain as many observation homes 1 bomsr. 8 3 may be necessary for the temporary reception of children during the pendency of any inquiry regarding them under this Act. (2) where the Government i s of opinion thah any institulion other than an observation home established under s~b~sect icn (1) i s lit r ~ r , the. temporary reception . , pf children during :tbe,pendency of any enquily regarding them undcr tki Act, I t may recognise such institution as an observation home for the purposes or this Act. W E ORBSA GHTLDREN A m , 1981 '. [ORISSA ACT 24 OF 19821 (Secs. 4 3 4 6 ) . . . (3) Every observation home to which a child i s sent under this Act shall not only provide the chiId wirh accommodation, maintenance and facilities for medical examina- , tion and trzatment, but also provide him with facilities for usehl ompation. (4) The, Government may, by rules made under this Act, provide for the manage- ment of obser~tion homes including the standards and the nature of services to be maintained by them and the circumstances under which and the nianner in which, an - institution may be recognised as an observation home or the recognition may be with- drawn. Aftercam 44. Theeovernment may, by rules made under this Act, povide- organisa- - ions. (a) for the establishment or recognition of afterare organisations and the powers that may be exercised by them for effectively carrying out their functions under th i s Act; - . , ( b ) for a scheme of aftercare proparamme to be followed by such aftercare organisations for the purpose of taking care of childi-en' after they leave children's homes or special schooIs and for the purpose of enabIing them to lead an honest, industrious and useful life; (c) for the preparation and submission of E report by the Probati~n Oficer in rcspect of each child prior to his discharge from a children's home or speciaI school, as the case, may be, regarding the necessity and nature of after-care of such child, period of sucl~ after-care, ,supc*sibn thereof and for the submission of a report by the Probation Officer on the progress of each such chtld ; .- (4 for the standards and the nature of seivices to be maintained by such after- care organisations; (e) for such other' matters as may be necessary for the purpose.of effectively carlying out the schem-c of arter-are programme of children. Pudshmcnt 45. (1) Whoever, having the actual charge of or cou troI over, a child, assults, aband- f~ c r u c ~ t y t o ~ n ~ , e x p o ~ e ~ o ~ ~ i ~ f u l ~ ~ . n e g l ~ c l s t h e child or causes orprocures him to be assaulted, ,, &Id. abandoned exposed or neglected in a manner likely to cause such child UMecessary mental and physlcaI suffering shall on conviction, be punishable with imprisir&ent for a term which may cxtznd to six months, or with fine, or with both. (2) No court shall take mngnizance of an offence punishable under sub-section (I) un!ess tlie complaint is field with t hc previous sanction of the Government or of an officer . , * authorised by them in this -behaLfqf.' .. . . . . , . Employment 46. (1) Whoevcr employs or uses any chiId for thc puroposes of begging or causes of children any child to beg shdl be punishable with imprisonment for a t e h which may extend rorbeggw. to one year, or with fine, or with both, , . (2) Whoever having the actual charge of, or control over a1 child, abets,-& &I- . mission, or the offencc punishable under sub-section (I), shdI be puhishable with im- prisonment for a tcrm which may extent to one year, or with fine, or with both. (3) The oEencc punishble undcr this section s h d be cognizable. THE OlUSSA CHILDREN ACT, 1981 [Orissa Act 24 of 1982) (Sees; 47-53) pemeIech~d 47.Saveasothcrwiseprovidedinsections97and98ofthe'~ode~fCriminat~roce- W F d to dure, 1973, if it appears to any criminal court on the complaint of any person Or otherwise of lW4* seduction. the 'ISk Or that a Female child is, with or without the knowledge 01 parent or guardian, exposed to the risk of seduction or prostitution, the court may direct the parent or guardian to enter into a recognition bond to exercise due care and supervision over such child. P d i y for 48. Whoever or causes to be given ro any child any liquor or intoxicant in a givbg public place or any dangerousdmg exccptupon the prescription of a duly qualified medical xlcanf liquor or dmgem"s,phdtitioner or in case of sickness or other urgent cause, shdl,'on convictjon be punishable drum to a with fine which may extend to two thousand rupees. child. ExploIbtion 49. Whoever ostensibly procures a child for the purpose of any employment of child ,and withholds the earnings of a child or uses such earnings for his own purposes shall, -on conviction, be punishable with fine which may extend to one thousand rupees. Allowing child to 50. Whoever allows or permits a chiId over the age of four years to reside raid0 in in or frequently go to a brothel shall, on conviction, be punishabIe withimprison- brothel, etc. menL 01 either description for a term .which may exfend to two ycars or with fine which may extend to onc thousand rupees or with both. Causing or 51. Whoever having the actual charge of or control- over a girl under the ~ ~ $ ~ ' ' age of eighteen years muses or enmurages the seduction (which shall include etc. inducement to indulge in immoral behaviour or prostitution) of that girl or muses or enmurages any one other than her husband to have sexual intercourse with her, shall, on conviction be punishable with imprisonment of either description for a term which may extend to two years or with fine which may extend to two thousand rupees or with both. Explanation-For the purposes of this srction, a person shaH be deemed to have caused or encoflhged the seduction of a girl or to have induced her to behave immomlly if he has allowed the girl to live with or enter or continue in the employment of any prostitute or a person of immoral character. Immoral N- 5-. Whoever seduces or indulges in immoraI behaviour with a girl under the age blv~ourwith of eighteen years shall, on conviction be punishable with imprisonment of either &I. etc. description for a term which may extend to two years or with fine which 'may extend to two thousand rupees or with both. Power of 53. ( 1 ) The, -Government may, notwithstanding anything contained in this Act, Govemmenl at any time, order a neglected or delinquent child to be discharged from the :2r2g children's homo or special school as, the care may be, either U n ~ n d i t i ~ ~ a l l ~ or on cbildreo, such conditions as they may thnk fit to impose. (2) The Government may, notwithstanding anything conrained 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 anather or from a speciaI school to a borstal school or from a special school to a children's home ; [Orissa , Act 24 of , 19821 (c) a child who has been released on h e n c e which has been revoked or - : ': forreited, to be sent to the special sch~01 or ~hildren's'!hbme from ' , - ivbich' he was released to any other :children's home or 'special school I 1 - - or borstal- school, as the case may be ' : . , .: Provided that the total period of the stay of the child in a children's home'br special school or borstal school shall not be increased by such transfer. (3) he Govcroment may, nottviihstanding inything contained ,in this Act, but subject to rules-made in that behalf at time, discharjje a child from the care 01 any person under- whom he was placed undcr this Act either uncdnditionally or on such conditiom as the Government may think fit to impose. . . , Placinp 0u1 56- (1) Whzn a child is kcpt in a childreds home or special school, the Govern- on licence- ment may, if they so think fit, release [lie 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 licehce, permitting him to livc with, or undel thc super- vision of, any responsible person n;lmed in tht: licence willing to ~eccive and take charge of him with a view to educating him and training him h r some useful tradeor ca1l1ng. . . . , - , ,,. <. ' Transfer OF 54- (1) The Government may direct any neglected child ar delinquent child to ndected or be transferred ' from any children's lmmc or special school within the State bf Orissa to any children's home, special school or institution of like nature in any i child to or kom other State with the consent of the Govenment of that, State,. (2) A licence granted under sub-section (I) shall be in force for the period specified in the licence or until revoked or forfeited by the. breach of any of the , 0 condition wh~ch it was granted. 'I (3) Thc Government may, at any time, by 'order, 'in w~iting revoke any such Iicencc and order the child to rztur n to the children's home or special xhool from which he was released 01 to any other, children's home or spcci~1~,scho~1 and;shall do so at the desire of the person with whom, oi'under whose superviiioi, the child has been permitted to lne tn accordance wl th 'a li$e$e grantea .u,nder sub-section (I). State. . , I " I , . ( 2 ) he ~ o i e r n ~ e n t ' may,- by &nefal or ~pceial order, fcr the reception ' a 'children's home or 'specigl schibI within 't@ 'Stjte of Orissa, or a ncglcctcd chdd or delinq Uent child detained 'in a ctii1dr;n's homc ' of special school oi imtitution of a like naturc in any other State W I ~ C ~ C the Government of that State . makes an ordsr far sucl~ transfer, and uponq transfei. the p&;19isions ,of this Act s%lI apply to such child ' as, if - hc :had been origihally qrdcred, to be sent b such children's ,home or special school under 'this Act. , j , , . . , m - ,. . Treatment 55. (1) ?here i t appmrs to :the ,GbYernnient t b t any child kepr in a specid of children school or children's home in pursuance of.this Act iS suffering from leprosy or is of m u n d of uuound. mihd the Goverment may order his rimdvhl to s 1epct asylum or mind o r sfler,ng mtntdl hospttal or other place of safe custody for being kept there for thc remainder kom of the term for, which be has to be kept in custody undcr the orders-of :he bpr@y- % i ~ c t c n t : a u ~ l ~ o r i t of for such further period as may be certified .by a M c d l d i Officer. t o , be nzcessary fGr- thc proper-treatment of the child. ' . . , , , , . I - .. (2) Where it appears to t h c Govalnment that the child is cured of i e p s y or of unsoundness of mind, they may, if tile child is ,still liable to be; kept in . . .. , custody, order the person havinp- charg; 'bf 'the child to scad him ' to the ,special school of children's home from whicil' he )+as rlniovcd, &, if the child-, is. no longer liable ' t o be kept in custody, ~ r d e r Jim t6 'be discharged. ' - . , . , THE ORISSA - ,CH.lLDREN -ACT3 198 I-: . ' I . . , . , , - - ,. . . , [O~issa Act 24 of 19821 (S~CS. '56-59) (4) When n licence has been revoked or farfeitcd and the' child refuses or fails to return to lhe spccia! school or childreds home to which he, has been dirccted to relurn, the Government may, if necessary cause him. to be taken charge :of and to be taken back to the special school or children's home. ( 5 ) The time during which a child is absent from a special, school or chiIdren's home 'in pursuance- of a licen-ce granted under this section shall bc dcmed to' k part of 'the tirn'e for whish hc is lible to be kept iu custody in the' special schooi or children's home : .- provided that when a child has failed to return to the special school or children's home on the licence- being revoked .or forfeited, the time which clapscs after his failure .so to, return, shall be excluded in computing the time during which he-'is , - liable to be kept in custody. Provision in 57. Not~vithstandia anythrng to. the contrary contained- in any other Jalv for the mpecr of time being in furcs, any police officer may take charge without warrant or a child Omped who has escaped From a special school or a children's home ,or from the &re ofa children. person undcr whom. he was placed' under- this .Act -an6 shall send thc child back tb the: spec+ial school or the children's home or that persbn, as the case may be, and no-proceeding shaIl bk instituted In respect of the &ild by m s o n of +uch escape .but the special school, or children's home or the person may, afrer' 'givJ~g the id€ormation to the competent authority which passed' rhk -order in respc~t of the child, take such steps against the chiid as may be deemed necessary. tkntribution 58. (1) competent authority which maken a n order for scoding a nelceled by parenls. child or a delinquent child to a children's home or special or placing the child undcr the care of a fit Person, may make an order -requiring the parent or other person liable to maintain, 'the child, to , contribute tprvardb.his majDtcnancer . , . . if able to do so, in the pre3cribedr manner. , (2) The competent authority shaI1, beforemaking any order ~ n d e r . s u b + ~ ~ i i ~ ~ ( ~ ) , inquire into the circumstances -of the parent or- other person liable. to - the child and shallrzcoid evidence, if any, in the prcsenca-of the +ht .br, such other person, as the case may be. (3) The person liable to maintain a child shall, for the purpose of sub-section (I), include in tho case of ilcgitimacy, ,his putati~e father : . . . , p ' Provided that where the child :is'illegitimate and a n order For his rnaintenanck has. been made under section 125 of the ~ b d e 'of Criminal . ~ r o c c d u r ~ , 1973 ii z of 1974 respect of a n e g h e d .or a delinquent child the competent authority shaall'a~t ardinariu make an order for contribution agaiut the father but may oidec thelvhol; or any part of the sums accruing, due under the said ordcr for maintcnancc to be paid to such persons may be JIarned by the campete~lt authority and such sum by him towards the maintenance of the child; . , (4) Any order made under this section may 'be enforced in the same rnannki , as an order under section 125 of the Code of Criminal Procedure, I973. 2 of 1974 59. Any person in whose custody a chiid is placed in pursuance of this Ace z&:f shall, while the ordcr is 0 , h a w like control owel the child a, . he would over child. have if he were his parent. and sIlaIl bc responsible for his maintenance and the child shall continue 111s custody For the period stated by the competent authoritity, notsithstanding that he is claimcd by his parent or any person: . provided that no child while in such custody shall be giveo in marriage cxce$t with the permission of the competent authority. . . THE OWSSA CHILDRJZN ACT, 198 1 [Orissa Act 24 of 19821 (Secs. 6 0 4 4 ) DtWud 60. In any area in which this Act is brought into Force, the GovernmentmaY childunder- M mt- direct that a delinquent child who is undergoing any sentence of imprisonment at at the commen~ment of this Act: shall, in' lieu of undergoing such sentence, be sent commemm tb' a special school or. be kept in safe custody in such place and manner as the nmnt "' Government think fit for the remainder of the period of the anten=, and the provision. Ad. of this Act shall apply to the child as if he had been ordered by a children wurt to be sent to such special school, or as the case may be, ordered to be detained under sub-section (2) of section 23. Pro bat ion 61. (1) The Government may appoint as many probation officers for thc o k and inspection of special schooIs, children's home. observation homes 01- after-care thek dutlos- organisationsand such other oEcers as it may deem necessary for mrrying out the purposes of this Act. (2) It shall be the duty of the Probation Officer- , . (a) to inquire, in accordance wilh t h e dimtion of a competent authority, into the antecedents and family history of any child accused of an offence with a view to assisting the authority in making inquiry; (b) to visit neglected and delinquent chiIdren at such intervals as the Probation officer may think fit; (4 to report to the,wmpetent authority as to the behaviour of any neglede d or delinquent child; (d) to advise and assist neglected or delinquent childrcn and, if necessary, endeavour to find them suitable empIoyment; (el where a nedectcd or delinquent child is placed under the care of any person on certain conditions, to see whether such conditions are being complied with; and (fl to perfom such other duties as m y be psscribed. (3) Any officer appointed in this behalf by the Government, may enter any special school, children's home, observation home or after-care organisation and make a complete inspection thereof in all its departments and of all paper, records registers and accounts relating theretoand shall submit a report of such inspection to the Government. O 6 c e r s 62. Probation Officers and other officers appointed in pursuance of tbis Act appobted s h d be deemed to be public servants within the meaning of section 21 of the 45 ,flg60 tu bt wbllc Indian Pedal Code, 1860. . . s w t s ; I ~rmcdura 63. me prowslons of Chapter XXXm of the Code of Criminal Procedurez of 1974 in r e m t of 1973 shall , as far as may be, appIy to bonds taken under this Act, untiIproYi~ion Bonds. in that behalf are ,made by rules framed under this Act. ! Delfgfdo~ 64. The Government may, by general or speuaI order, direct that anypower Of exercisable by them under this Act, except the power under section 66 to make rules shall, in such circumstances and on such conditions, if any, as may be specified in the order, be exercisable also by any authcrity prescribed under the rules. prowtion lcLn , 65.. NO: suit, or, other i e g ~ l Proccoding shall lie . against the. Government or that t a b in dlithdrity prsribea under fhe su1es'to whom powers 'are ddegat id1'bythe.~ovgn- good faih meat under secuon 64 or any Pro bation mcer or other - =jppointed under this Act. in respect of anythia , which ie in good faith done or intended to be done in ~ur$uanee df this Act or of any rules or orders made thereunder. Act 8of 1897 66. (1) The Reformatory Schools Act, 1897 and seotion 27 of the Code oi 28 :: !:: "d dn CrimiDal Procedure, 1973 s h d l cease to apply to any area in wbjch this Act hr pmhion of A& 2 of 1974 been brought into force. nat to appb. (2) The Women's aad Children's Institutions mce~d ~ c t , 1956 shall not lo5 Of Igs6 apply to anY Children's home, special school or observation home established and rnaintsiped, under this ACI. P o w to make ru les 67. ( I ) he Government may, by notification. make d e s *to a n y out the purposes of this Act. (2) In particular, and without prejudice to the genedity of the foregoing power such rules may provide for dl or any of the following matters, m e l y ;- (a) the places at which, the days on which, the t h e q . a t w ~ c h and the manner in wbich, a wmp.etent authority may hold its Sittings; (b) t h e procedure to be followed by a competent authority ia 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 the ~nditions subject to which. an institution may by certsed as a special school or a children's home or reeognised as an observation home, and the certihtion or re%- gnition withdrawn ; (d) the internal management of special schools, children's homes and obser- vation homes and the standards and the nature of services to be maintained by tbems ; (e) the functions sad responsibilities of special schools, children's homes and observation homes ; Gfl the inspection of special aehoofs, chilren's homes, observation homes and af ter-care organi sations ; (g) the establishment, mamgtme~t and functions of after-care organisations ad the circumstan~es in which and the conditions snbject to which an imtimtion may be r e ~ d s e d as an after-care organisation and other matters as are referred to in section 44 ; (h) the qualifications and duties of Probation Oacers ; (i) the recruitment and training of Persons appointed to wrry out the purposes of this Act and the terms and conditions of their service ; (fl the conditions subject to which a neglected or delinquent child may be e s ~ d e d from 03s place to another and the manner in which a child may be aent oukide the jurisdiction of a competent authority ; ,. (0 the ixnditioas under which a' child' may 'be $a&d out 'on licence a@ th8 , - .form and coditions of the licence ; , I . , . . , . (m)~e.conditioq,under ~hich~bi ldrenmay beplaced.underthe care of any ., . I . parent; g-dian or other, fit person or fit imtitution under thja Act and, , . . ' , I . the obligation3 of such persons or institutions towards .the children so' . , , . placed ; and . . I .. , Re~aal . - 68. If, i-ediately before. the date of enforcemeit it. of alI or '" 'any'-bf ' the ' provisions of this Act in any area, there is in force in that area,, any law, cones- . . . ponding to' this Act, that law shall, to , the extend. it . . ~corresponds to ,the provisions & . . . . - , . . :: , of this Act as enforced in that area, stand repealed on the said date ; . r * , ' ; I . . Provided that the repeal s h d 'not @e;Ct.L , - . '. . . . -. , . , . , I - . , .. ' ., . . , .'if , P ;:, - ' # , , ', , . - , ~ ; [ I [ , ' , , : : I . , , ;, (a) t h e pieviova operation of any law so repaled ar anythihg' duly done or mEved, th~eunder ; or :. : . , . , . . , . .., I : ' I , , . ' : . ,. , 4 . , , \ I . . . . [b) any righi, privilege; ;bigation or' liability: a-id, a m ' e d , or incurred , _ . . under, any law so repealed ; or, , , . ' ,',,-' , , - , , - ' . I L L ' (c) any penalty, forfeiture or pn-ent: kcuired in rapect of any o5enct committed against any law so7repealed ; , or - . (d) any invcatigation, legal proceeding or remedy in resped of any such . - ,x~ght, privilege, obligation, liability, p,en$ty, forfeiture or punishment . . aa aforesaid, . . . and any such invcstigatlon, legal proceeding or remedy may be bstikied, continued or enforced and any such ponalty, forreieiturc or punishment may be i,mposed as if this Act had no? been passed. , . , , , ' ' 8 ,%, . .. , . ':r . -