Section 46 in Juvenile Justice (Care and Protection of Children) Orissa Rules, 2002
46. Procedure for sending a juvenile/child outside the jurisdiction of the competent authority.
(1)In the case of juvenile/child whose ordinary place of residence lies outside the jurisdiction of the competent authority and if the competent authority deems it necessary to take action under Section 50 it shall direct a probation officer to make enquiries as to the fitness and willingness of the relative or other person to receive the juvenile/child at the ordinary place of residence and whether such relative or other fit person can exercise proper care and control over the juvenile/child.(2)Any juvenile/child who is a foreign national and who has lost contact with the family shall also be entitled for protection. The juvenile/child shall be repatriated, at the earliest, the country in co-ordination with the Ministry of External Affairs and respective Embassies or High Commission.(3)On being satisfied on the report of the Probation Officer/Case Worker/Child Welfare Officer, as the case may be, the competent authority may send the juvenile/child if necessary on execution of a bond by the juvenile as nearly as in Form V to the said relative or fit person or giving an undertaking by the said relative or fit person or giving an undertaking by the said relative of fit person in Form VI.(4)A copy of the order passed by the competent authority under Section 50 shall be sent to(a)the probation officer who was directed to submit a report under sub-rule (1)(b)the probation officer, if any, having jurisdiction over the place where the juvenile/child is to be sent,(c)the competent authority having jurisdiction over the place where the juvenile/child is to be sent, and(d)the relative or the person who is to receive the juvenile/child.(5)Any breach of a bond or undertaking or of both given under sub-rule (3) above shall render the juvenile/child liable to be brought before the competent authority, who may make an order directing the juvenile/child to be sent to home.(6)During the pendency of the orders under sub-rule (3), the juvenile/child shall be sent by the competent authority to an observation home/children home.(7)In the case of a juvenile/child where the competent authority deems it expedient to send the juvenile/child back to his ordinary place of residence under Section 50, the competent authority shall inform the relative or the fit person who is to receive the juvenile/child accordingly and shall invite the said relative or fit person to come to the home to take charge of the juvenile/child on such date as may be specified by the competent authority.(8)The competent authority inviting the said relative or fit person under sub-rule (6) may also direct, if necessary, the payment to be made by the Officer-in-charge of the home of the actual expenses of the relative or fit person's journey both ways by the appropriate class and the juvenile/child's journey from the home to his ordinary place of residence, at the time or sending the juvenile/child.(9)If the relative of the fit person fails to come to take charge of the juvenile/child on the specified date the juvenile/child shall be taken to his ordinary place of residence by the escort of the observation home, in the case of a girl at least one escort shall be a female.
