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State of Uttar Pradesh - Section

Section 40 in U.P. Children Act, 1951

40. Placing out on licence.

(1)Where a child or youthful offender is detained in an approved school the manager of the school may, at any time with the consent of the Chief Inspector, by license permit the child or youthful offender on the conditions prescribed in this behalf to live with any fit person named in the licence willing to receive and take charge of him with a view to educate him or train him for borne useful trade or calling.
(2)Subject to the prescribed conditions, the Chief Inspector may, on the recommendation of manager of an approved school at any time after the expiration of six months from the commencement of the detention of a youthful offender in an approved school aid if satisfied that there is a reasonable probability that the youthful offender will abstain from crime and lead a useful and industrious life, release such offender from the school and grant him a written licence in the prescribed form, permitting him to live under the supervision and authority of such fit person approved by the Chief Inspector as mar be willing to take charge of the offender.
(3)Any licence granted under sub-section (1) or (2) shall be in force until revoked or forfeited for breach of any of the conditions on which it was granted.
(4)The manager of the school or the Chief Inspector, as the case may be, may at any time by order in writing revoke any such licence and order the child or youthful offender to return to the school and shall do so at the desire of the person or society with whom or under whose supervision the child or youthful offender is licensed to live, If the child or youthful offender refuses or fails to return to the school, the manager of the school or the Chief Inspector, as the case may be, may, if necessary, arrest, or cause to be arrested, the child or youthful offender and take him or cause him to be taken back to school.
(5)Where a licence has been revoked or forfeited and the child or youthful offender refuses or fails to return to the school the court may, if satisfied on information on oath or solemn affirmation that there is reasonable ground for believing that his parent or guardian could produce the child or youthful offender, issue a summons requiring the parent or guardian to attend at the court on such day as may be specified in the summons and to produce the child or youthful offender and if he fails to do so without reasonable cause he shall, in addition to any other liability to which he may be subject under the provisions of this Act, be punished with fine which may extend to one hundred rupees.
(6)Where a parent or guardian is directed to pay fine under this section the amount may be recovered in accordance with the provisions of the Code of Criminal Procedure, 1898,
(7)The time during which A child or youthful offender is absent, from un approved school in pursuance of a licence under this section shall be deemed to be part of the time of his detention in the school, provided that where a child or youthful offender has failed to return to the school on the licence being revoked or forfeited, the time which elapsed after his failure so to return shall be excluded in computing the time during which he is to he detained in the School.