State of Maharashtra - Act
The Bombay Children Act, 1948
MAHARASHTRA
India
India
The Bombay Children Act, 1948
Act 71 of 1948
- Published on 31 December 1958
- Not commenced
- [This is the version of this document from 31 December 1958.]
- [Note: The original publication document is not available and this content could not be verified.]
This Act was extended to the rest of the State of Maharashtra (vide Maharashtra 38 of 1963, Section 2).For Statement of Objects and Reasons, see Bombay Government Gazette, 1948, Part 5, page 421.[Received the assent of the Governor General on the 23rd day of December, 1948; assent first published in the Bombay Government Gazette, Part 4, on the 31st day of December, 1948].An Act to consolidate and amend the law for the custody, protection, treatment and rehabilitation of children and youthful offenders and for the trial of youthful offenders in the [State of Maharashtra].Whereas it is expedient to consolidate and amend the law for the custody, protection, treatment and rehabilitation of children and youthful offenders and for the trial of youthful offenders in the [State of Maharashtra] and for certain other purposes specified herein: It is hereby enacted as follows :-(2)Words and expressions used and not defined in this Act but defined in the [Code of Criminal Procedure, 1898] shall have the meanings assigned to them in that Code. (3)The Women's and Children's Institutions (Licensing) Act, 1956, shall not apply to any industrial school established, any industrial school or educational institution certified, any place declared as [an Observation Home], any institution or association recognised as approved place [or Observation Home or Approved Institution,] under this Act.] (a)the High Court, (b)a Court of session, [(c) x x x][(d) x x x](e)a salaried Presidency Magistrate, (f)a salaried Magistrate of the First Class. (1)where a juvenile courts has been established for any local area, such court shall try all cases in which a child is charged with the commission of an offence and shall deal with and dispose of all other proceedings under this Act, but shall not have power to try any case in which an adult is charged with an offence under Part VI of this Act; (2)where a juvenile court has not been established for any local area, no court other than courts empowered under section 8 to exercise the powers of a juvenile court shall have power to try any case in which a child is charged with the commission of an offence or to deal with or dispose of any other proceedings under this Act. (2)If a child is accused of an offence for which under section 239 of the Code of Criminal Procedure, 1898', or any other law for the time being in force, such child and the adult could, but for the provisions of sub-section (1), have been tried together the court taking cognizance of the offence shall direct separate trials of the child and the adult; if a juvenile court has been established for the local area the child shall be tried by the juvenile court and the adult shall be tried separately by a court having jurisdiction to try the offence. (2)In the trial of a case in which a child is charged with an offence and is not being tried jointly with an adult a court shall, as far as may be practicable, sit in a different building or room from that in which the ordinary sittings of the court are held, or on different days, or at different times from those at which the ordinary sittings of the court are held. (a)the members and officers of the court. (b)the parties to the case before the court and other persons directly concerted in the case including the Police Officers, (c)such other persons as the court specially authorises to be present. (2)The parent or guardian whose attendance shall be required under this section shall be the parent or guardian having the actual charge of, or control over, the child :Provided that, such parent or guardian is not the father, the attendance of the father may also be required. (3)The attendance of the parent of a child shall not be required under this section in any case where the child was, before the institution of the proceedings, removed from the custody or charge of his parent by an order of a court. (2)Where a child is found to be suffering from leprosy or is of unsound mind, he shall be dealt with under the provisions of the Lepers Act, 1898, or the Indian Lunacy Act, 1912, as the case may be. (3)Where a court has taken action under sub-section (1) in case of a child suffering from an infectious or contagious disease, the court before restoring the said child to his partner in marriage, if there has been such or to the guardian, as the case may.be, shall where it is satisfied that such action will be in the interests of the said child call upon his partner in marriage or the guardian, as the case may be, to satisfy the court by submitting to medical examination that such partner or guardian will not re-infect the child in respect of whom the order has been passed. (a)the character and age of the child, (b)the circumstances in which the child is living, (c)the reports made by the [Child Welfare Officer (Probation)], and (d)such other matters as may, in the opinion of the court, require to be taken into consideration in the interests of the child : Provided that, where a youthful offender is found to have committed an offence, the above factors shall be taken into consideration after the court has recorded a finding against the youthful offender that he has committed the offence.(2)The State Government may prescribe conditions under which any private industrial school or other educational institution may be recognised as an Approved Institution for the reception of children or youthful offenders. (3)The State Government may establish and maintain or recognise any institution to be an After-care Home or Hostel for the Reception and Rehabilitation of children and youthful offenders during the period of their after-care.] (2)Every Approved Institution and After-care Home or Hostel, recognised by the State Government shall be under the management of a governing body or managing body, the members of which shall be deemed to be the managers of the institution for the purposes of this Act. (2)The managers of an Approved Institution may decline to receive any child sent to it by a Classifying Centre under this Act :Provided that, where an Approved Institution has once accepted any child, it shall be bound to teach, train, lodge, clothe and feed him during the whole of the period for which he is liable to be detained in the institution, or until the withdrawal or resignation of the recognition of the institution. (2)The [State] Government may, instead of a withdrawing [the recognition] under sub-section (1), by notice served on the manager of the [institution], prohibit the admission of children or youthful offender to the [institution] for such time as may be specified in the notice or until the notice is revoked.[(3) The State Government, if dissatisfied with the conditions, rules, management or superintendence of an Observation Home, may at any time by notice served on the managers of that institution and after giving the managers a reasonable opportunity of being heard, cancel the declaration of that institution as an Observation Home, and shall by an order in writing take over the management of the institution in the prescribed manner for a temporary period not exceeding five years or for special reasons to be recorded in writing such further period not exceeding two years as may be specified in the order. (4)Whenever the management of any institution is taken over under sub-section (3), every person in charge of the management of such institution immediately before its management is taken over shall deliver possession of the property and fund of the institution to such officer as may be authorised by the State Government in this behalf. (5)During such period as the institution remains under the management of the State Government,-(a)the service conditions applicable to the employees of the institution immediately before the date on which the management was taken over, shall not be varied to their disadvantage; (b)all facilities which the institution had been affording immediately before such management was taken over, shall continue to be afforded; (c)the property and funds of the institution, if any, shall continue to be available to the State Government for being utilised or, as the case may be, spent for the purposes of the institution; and (d)no resolution passed at any meeting of the management of such institution shall be given effect to unless approved by the State Government. (6)After the expiry of the period for which the management of such institution has been taken over, the State Government shall hand over the institution together with the property and the funds of the institution to the management concerned]:Provided that, before the issue of a notice under sub-section (1) [(2) or (3)] a reasonable opportunity shall be given to the managers of the [institution] to show cause why the [recognition] may not be withdrawn or admission to the [institutions] may not be prohibited [or, as the case may be, the declaration of the Institution as the Observation Home may not be cancelled or the management of the Institution may not be taken over]. (2)The Director (Child Welfare) or any member of his inspecting staff or any officer authorised by the Director (Child Welfare) shall have power to enter any of the institutions mentioned in sub-section (1) at all reasonable hours and to make complete inspection thereof and of all registers relating thereto for the aforesaid purposes. (3)Where any of such institutions is for the reception of girls, the inspection shall, where practicable, be conducted by a woman authorised or appointed by the Director (Child Welfare). (4)If the State Government is satisfied that the management of any Approved Institution, or of any of the other institutions referred to in sub-section (1) or the accommodation for, or the treatment of, the children therein is unsatisfactory, it may cause to be served upon the person responsible for the management of the institution such general or specific direction with respect to the matters aforesaid or any of them as it thinks expedient for the welfare of the children in the institution.] (5)A direction under the foregoing sub-section may be varied by a subsequent direction or withdrawal by the [State] Government. (6)Where any such direction is not complied with, the District Magistrate in the mofussil of the Chief Presidency Magistrate in Greater Bombay may, on the complaint of any person appointed for the purpose by the [State] Government, cause a summons to be served upon the person in charge of the [institution referred to in sub-section (1)] and upon such other person as he may think fit and upon hearing the person summoned, may if he thinks fit, make an order for the removal of all children from the [said institution], (7)The District Magistrate or the Chief Presidency Magistrate, as the case may be, may, if he thinks fit, order that the direction shall be deemed to be modified to such extent as may be specified in such order and the direction shall have effect accordingly. (8)Any order for the removal of all children from such [institution] shall operate as an authority to any person named in the order and to any police officer not below the rank of an Inspector to enter [the institution] and to remove the children therein to a place of safety. (9)Where an order has been made for the removal of all children from such [institution], [the institution] shall not be used for the reception of children without the consent of the [State] Government.[36. Inspection of Approved Centres, Approved Institutions, etc. - (1) Every Approved Centre shall be liable to inspection at all times and in all its departments by the Director (Child Welfare), Deputy Director (Child Welfare), Assistant Director (Child Welfare), Inspecting Officer (Child Welfare or an officer authorised in this behalf by the Director (Child Welfare) and shall be so inspected at least once in a quarter of every year. (2)The Director (Child Welfare), Deputy Director (Child Welfare), Assistant Director (Child Welfare), Inspecting Officer (Child Welfare) or any officer authorised by the Director (Child Welfare) in this behalf shall have a right to visit and inspect any of the institutions under this Act and shall be so inspected at least once in every year :Provided that, where any such institution is for reception of girls mainly and such inspection or visit is not made or paid by the Director or Deputy Director (Child Welfare), the visitor shall, whenever practicable, be a woman.] (2)The State Government may, subject to such restrictions and conditions (if any) as it may impose, by order, delegate its power of appointment of officers of and below the rank of Child Welfare Officer referred to in clause (e) of sub-section (1) to the Deputy Director (Child Welfare).] (3)Notwithstanding anything contained in sub-section (1) or (2), a juvenile court or any court empowered under section 8 to exercise the powers, of a juvenile court may, for the purposes of any particular case or proceeding, appoint any other person as [a Child Welfare Officer referred to in clause (e) of sub-section (1) of this section] if in its opinion such appointment is expedient or necessary. (i)before a juvenile court if such court is established for the area and is sitting, (ii)if a juvenile court is not established for the area or if it is not sitting before a Magistrate empowered under section 8 with the powers of a juvenile court, or (iii)if there is no court of the kind specified in items (i) and (ii) above, before any Magistrate. any person, who in his opinion is a child and who -(a)has no home, or is found wandering without any settled place of abode and without visible means of subsistence, or is found begging or is found doing for a consideration any act under circumstances contrary to the well-being of the child; or (b)is destitute or is illegitimate without means of subsistence, other than that of charity, or has no parent or guardian, or has a parent or guardian unfit to exercise or incapable of exercising proper care and guardianship, or who is not exercising proper care and guardianship: or (c)is known to associate or live with any prostitute or person or persons of criminal or drunken habits; or (d)is lodging or residing in or frequently going to a place or places used for the purposes of prostitution; or (e)is otherwise likely to fall into bad association or to be exposed to moral danger, or to enter upon a life of crime. (2)On the date fixed for the production of the child or for the inquiry or on any subsequent date to which the proceedings may be adjourned, the Court shall hear and record all evidence which may be adduced and consider any cause which may be shown why an order committing the child to a [Classifying Centre] or to the care of a fit person should not be passed and make any further inquiry it thinks fit. (2)The court which makes an order committing a child to the care of a relative or other fit person may, when making such order, require such relative or other person to execute a bond, with or without sureties, as the court may require, to be responsible for the good behaviour and well-being of the child and for the observance of such other conditions as the court may impose for securing that the child may lead an honest and industrious life. (3)The court which makes an order committing a child to the care of a relative or other fit person under this section may in addition order that he be placed under supervision for any period not exceeding three years :Provided that, when the court thinks fit, it may allow such child to remain in the custody of a parent or guardian with a direction that he be placed under supervision, on such parent or guardian executing a bond with or without sureties in a prescribed form, and the court may from time to time during the supervision period adjourn the case and compel the production of the child in court to satisfy itself that the conditions of the said bond are being carried out :Provided further that, if it appears to the court on receiving a report from the [Child Welfare Officer (Probation)] or otherwise, that there has been a breach of the supervision order, it may, after making such inquiries as it deems fit, order the child in respect of whom the supervision order has been made [to be detained in a Classifying Centre] or committed to the care of a fit person. (2)Any breach of the said bond shall render the child liable to be committed lo a [Classifying Centre] or to the care of another fit person. (2)If the court or magistrate is satisfied that it is expedient so to deal with the child under this Act, the court or magistrate may order the child to be [committed to a Classifying Centre if the child is a boy, till he completes the age of 18 years, and if the child is a girl till she completes the age of 20 years]. (3)The court or magistrate may also, if satisfied that home conditions are satisfactory and what is needed is supervision, commit the child to the care of the person or guardian or relative or any other proper person under a bond with or without sureties and place him under supervision for a period not exceeding three years. (2)The infliction of reasonable punishments on a child for a proper reason shall not be deemed to be an offence under this section. (2)For the purposes of this section a person shall be deemed to have caused or encouraged the seduction of a girl or to have induced her to behave immorally if he has knowingly allowed the girl to consort with, or to enter or continue in the employment of, any prostitute, or person of known immoral character. (2)Whoever secures a child ostensibly for any of the purposes mentioned in sub-section (1), but exposes such child to the risk of seduction, sodomy, prostitution or other immoral conditions, shall, on conviction, be punished with imprisonment of either description for a term which may extend to two years or with fine which may extend to one thousand rupees or with both. (3)Any person who avails himself of the labour of a child exploited in the manner referred to in sub-section (1) or (2) or for whose immoral gratification such child is used shall be liable as an abettor. (a)knowingly assists or induces, directly or indirectly, a child detained in or placed out on licence [from a Classifying Centre, Approved Centre or Approved Institution to escape from such Centre or Institution] or from any person with whom, as the case may be, he has been placed out on licence, or any child to escape from the person to whose care he has been committed under the provisions of this Act, or (b)knowingly harbours, conceals, connives at or prevents from returning [to any such Centre or Institution] or to any person with whom he is placed out on licence or to whose care he is committed under this Act, a child who has so escaped or knowingly assists or connives at so doing, shall, on conviction, be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to five hundred rupees or with both. (2)A court, on remanding or committing for trial a child who is not released on bail, shall order him to be detained in the prescribed manner.[66. Duty of police officer etc. to inform certain officers after arrest of child. - Immediately after the arrest of a child, it shall be the duty of the police officer or any other person effecting the arrest to inform the Child Welfare Officer (Probation) and officer in-charge of an Observation Home, of such arrest in order to enable the said Child Welfare Officer (Probation), and officer in-charge of the Observation Home to proceed forthwith in obtaining information regarding his antecedents and family history and other material circumstances likely to assist the juvenile court in making the final order.] (2)When a child is found to have committed an offence of so serious a nature that the court is of opinion that no punishment, which under provisions of this Act it is authorised to inflict is sufficient or when the court is satisfied that the child is of so unruly or of so depraved a character that he cannot be committed to [Classifying Centre] or detained in a place of safety and that none of the other methods in which the case may be legally dealt with is suitable, the court shall order the offender lo be kept in safe custody in such place or manner as it thinks fit and shall report the case for the orders of the [State] Government. (i)order him to be discharged after due admonition; (ii)without passing any final order, direct that he be released on probation of good conduct and committed to the care of his parent or guardian or other adult relative or other fit person on such parent, guardian, relative or person executing a bond, with or without sureties, as the court may require, to be responsible for, the good behaviour and well-being of the youthful offender for any period not exceeding three years and for the observance of such other conditions as the court may impose for securing that the youthful offender may lead an honest and industrious life: (iii)if the offence committed by the youthful offender is punishable with fine and the youthful offender himself is over the age of fourteen years, order the offender to pay a fine. (2)Any breach of the said bond shall render the youthful offender, if found at any time at any place within the [State] liable to be committed to [Classifying Centre] or to the care of another fit person. (2)An order under this section may be made against a parent or guardian who having been required to attend, has failed to do so, but save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard. (3)Where a parent or guardian is directed to pay a fine under this section, the amount may be recovered in accordance with the provisions of the [Code of Criminal Procedure, 1898.] (2)A child so taken to a place of safety and also any child, who seeks refuse in a place of safety may be detained until he can be brought before the Court :Provided that, such detention shall not in the absence of a special order of the court exceed a period of twenty-four hours exclusive of the time necessary for the journey from the place of detention to the court. (3)The court may thereupon make such order as hereinafter provided. (2)The order of detention made under sub-section (1) shall remain in force until such time as the proceedings instituted against any person for an offence referred to in sub-section (1) terminate in either conviction, discharge or acquittal :Provided that, if the proceedings terminated in conviction of the person, the order of detention shall remain in force for a further period of one month. (3)An order passed under this section shall be given effect to, notwithstanding that any person claims the custody of the child. (a)to be committed [to a Classifying Centre until the child, if he is a boy completes the age of eighteen years and if she is a girl, completes the age of twenty years] or in exceptional cases for a shorter period the reasons for such shorter period to be recorded in writing, or (b)to be committed to the care of a relative or other fit person, on bond, with or without surety as the court may require, such relative or fit person being willing and capable of exercising proper care, control and protection of the child and of observing such other conditions, including, where necessary supervision for any period not exceeding three years, as the court may impose in the interest of the child : Provided that, if the child has a parent or guardian, fit and capable, in the opinion of the court, of exercising proper care, control and protection, the court may allow the child to remain in his custody or may commit the child to his care on bond, with or without surety, in a prescribed form and for the observance of such conditions as the court may impose in the interest of the child.(2)For breach of a bond taken under sub-section (1) the child shall be liabled to be committed to a [Classifying Centre] or to the care of a fit person if found again in the [State]. (2)The court issuing warrant under this section may in its discretion by the same warrant direct that any person accused of any offence in respect of the child be apprehended and bought before it, or direct that if such person executes a bond with sufficient sureties for his attendance before the magistrate at a specified time and thereafter until otherwise directed by the magistrate, the officer to whom the warrant is directed shall take such security and shall release such person from custody. (3)The police officer executing the warrant shall be accompanied by the person laying the information if such person so desires and may also, if the magistrate by whom the warrant is issued so directs, be accompanied by a duly qualified medical practitioner. (4)In any information or warrant under this section the name of the child shall be given if known. (2)It shall be the duty of any other person effecting such arrest to inform a [Child Welfare Officer (Probation)] and officer in-change of [an Observation Home] for the like purpose as provided in section 66. (3)The juvenile court for the purpose of such inquiry may, remand the child even in his absence from time to time for a period of not more than fourteen days at a time until available information has been obtained. (2)The court before making any order under sub-section (1) shall inquire into the circumstances of the parent or other person liable to maintain the youthful offender or child and shall record evidence, if any, in the presence of the parent or such other person as the case may be. (3)Any order made under this section may be varied by the court on an application made to it by the party liable or otherwise. (4)The person liable to maintain a child or youthful offender shall for the purposes of sub-section (1) include in the case of illegitimacy his putative father :Provided that, where the child or youthful offender is illegitimate and an order for his maintenance has been made under section 488 oi the Code of Criminal Procedure, 1898', the court shall not ordinarily make an order for contribution against the putative father but may order the whole or any part of the payments accruing due under the said order for maintenance to such person or persons as may be named to be applied by him or them, as the case may be, towards the maintenance of the child or youthful offender. (5)Any order under this section may be enforced in the same manner as an order under section 488 of the [Code of Criminal Procedure, 1898.][91. Provision as to religion. - (1) In determining the Approved Centre, Approved Institution or other person to whose custody a child is to be committed or entrusted under this Act, the Classifying Centre or the court shall ascertain the religious denomination of the child and shall, if possible, in selecting such Approved Centre, Approved Institution or other person have regard to the facilities which are afforded for instruction in his religion. (2)When a child is committed to the care of an Approved Centre or Approved Institution in which facilities for instruction in his religion are not afforded, or is entrusted to the care of a fit person or other person under circumstances in which it appears that no special facilities for bringing up of the child in his religion exist, the authorities of such Approved Centre or Approved Institution or such fit person or other person shall not bring up the child in any religion other than his own. (3)Where it is brought to the notice of the Director (Child Welfare) or of the court that a breach of sub-section (2) has been committed, it shall be open to the Director (Child Welfare) or the court to transfer the child from the custody of such institution or person.] (2)Any licence granted under sub-section (1) shall be in force until revoked or forfeited by the breach of any of the conditions on which it was granted.[(3) The Director (Child Welfare) may at any time by order in writing revoke any licence, and order the child to return to the Approved Centre or Approved Institution and shall do so at the desire of the person or society with whom or under whose supervision he is licensed to live. If the child refuses or fails to return to the Centre or Approved Institution, the Director may. if necessary, call for the papers and deal with the case himself making such order as he thinks fit in the interest of the child or direct the arrest of the child and cause him to be placed before the court or taken back to the Approved Centre or Approved Institution.] (4)When a licence has been revoked or forfeited and the child or youthful offender refusing or failing to return to the [Approved Centre or Approved Institution] has been arrested and placed before the court under the provisions of sub-section (3) the court may, if satisfied by 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 excuse he shall, in addition to any other liability to which he may be subject under provisions of this Act on conviction, be punished with fine which may extend to fifty rupees. (5)Where a parent or guardian is directed to pay a fine under this section the amount may be recovered in accordance with the provisions of the [Code of Criminal Procedure, 1898.][(6) The time during which a child is absent from an Approved Centre or Approved Institution in pursuance of a licence granted under this section shall be deemed to be part of the time of his detention in the Approved Centre or Approved Institution, provided that, where a child has failed to return to the Approved Centre or Approved Institution on the licence being revoked or forfeited, the time which elapses after his failure so to return shall be excluded in computing the time during which he is to be detained in the Approved Centre or Approved Institution.] (2)When a child absconding [from a Classifying Centre or an Approved Centre or Approved Institution] of fit person has been arrested at a different place, he shall be detained in a place of safety pending his removal [to the Classifying Centre, Approved Centre, Approved Institution] or fit person. (2)If a final order is passed -(a)by a juvenile court, an appeal shall lie in the Greater Bombay t o the Chief Presidency Magistrate and in other places to the [Court of Session]; (b)by a Magistrate (not being a Presidency Magistrate) empowered under section 8 to exercise the powers of a juvenile court, an appeal shall lie to the Court of Session; (c)by a Presidency Magistrate or a Court of Session, an appeal shall lie to the High Court. (3)Except as provided in this section no appeal shall lie from any order passed under this Act by a juvenile court or any other court empowered to exercise the powers of a juvenile court under section 8. (2)The provisions of sections 5, 7, and 12 of the [Indian Limitation Act, 1908,] shall apply to the filing of such appeals. (2)(a)The [State] Government may order a youthful offender who has attained the age of sixteen years [detained in an Approved Centre or Institution] to be transferred to a Borstal School established under the Bombay Borstal Schools Act, 1929, in the interest of discipline or for other special reasons; (b)any boy or girl over the age of sixteen years, who has been released on licence, and who has committed a breach of licence conditions and whom it is not advisable to send back to his [own Approved Centre or Institution] may be transferred to a Borstal School or institution : Provided that, the whole period of the detention of the child or youthful offender shall not be increased by the transfer. (3)Upon the transfer of a child or youthful offender to a Borstal School under sub-section (2) the provisions of the Bombay Borstal Schools Act, 1929, shall apply to such offender as if he had been originally ordered to be detained in a Borstal School under that Act. (4)The [State] Government may at any time in its discretion discharge a child from the care of any person to whose care he is committed under this Act, either absolutely or on such conditions as the [State] Government approves.[98. Transfer between institutions and those of like nature in different parts of India. - (1) The State Government may, in consultation with the managers of any Approved Centre or Institution, consent to the transfer to that Centre or institution of any child or youthful offender in respect of whom an order has been made by a competent authority in any other part of India of the nature of an order under this Act directing him to be sent to Approved Centre or reformatory school or Institution of like nature, and upon such transfer, the provisions of this Act shall apply to such child or youthful offender. (2)The State Government may direct any child or youthful offender to be transferred from any Approved Centre or Institution to any centre or institution of a like nature in any other part of India in respect of which provision similar to that in the State of Maharashtra is made by the Government of that part under any law in force therein :Provided that, no such child or youthful offender shall be transferred under this section to any other part of India without the consent of the Government of that part. (2)Where it appears to the State Government that the child has become of sound mind or is cured of leprosy, the State Government shall, by order direct the person having charge of the child which is still liable to be kept in custody, to send him to the Approved Centre or Approved Institution from which he was removed, or if the child is no longer liable to be kept in custody, order him to be discharged :Provided that, where, the removal of a child due to unsoundness of mind or leprosy is immediately necessary, it shall be open to the authorities of the institution in which the child is detained to apply to a juvenile court of the area or to the nearest court empowered to exercise the powers of a juvenile court under section 8 of this Act for an immediate order of committal to a mental hospital or a leper asylum until such time as the order of the State Government can be obtained in the matter. (2)Before making any order for the payment of compensation, the magistrate shall call upon the informer to show cause why he should not pay compensation and shall consider any cause which such informer may show. (3)The magistrate may by the order directing payment of the compensation further order that in default of payment the person ordered to pay such compensation shall suffer simple imprisonment for a term not exceeding thirty days. (4)When any person is imprisoned under sub-section (3), the provisions of sections 68 and 69 of the Indian Penal Code shall, so far as may be apply. (5)No person who has been directed to pay compensation under this section shall by reason of such order be exempted from any civil or criminal liability in respect of the information given by him but any amount paid as compensation shall be taken into account in any subsequent civil suit relating to such matter. (6)When an order for the payment of compensation is made under sub-section (1), the compensation shall not be paid to the person ordered to receive it before the period allowed for the presentation of an appeal has expired. (2)In particular and without prejudice to the generality of the foregoing provision such rules may be made for all or any of the following matters, namely :-(a)the procedure to be followed by juvenile courts and other courts empowered to exercise the powers of juvenile courts under section 8 in the trial of cases and the conduct of proceedings under the Act : (b)the places at which days and the manner in which a juvenile court shall hold its sittings under sub-section (1) of section 12; (c)the conditions subject to which institutions and associations shall be recognised as approved places for the purpose of sub-section (1) of section 20; (d)the establishment or certification, management, maintenance, records and accounts of [Approved Centres and Approved Institutions]; the education and industrial training of inmates in such institution, and their leave of absence; the appointment of visitors and their tenure of office: the inspection of [such and other institutions] for the reception of [x x x] children; and the internal management and discipline of [the aforesaid institution] and release on licence of inmates therein: [(e) the conditions under which any private industrial school or other educational institution may be recognised by the State Government as an Approved Institution under sub-section (2) of section 25;(e-i) the manner in which the State Government may establish and maintain Classifying Centres under section 27;(e-ii) the manner in which the management of institutions referred to in sub-section (3) of section 31 may be taken over by the Stale Government;](f)the powers and duties of [Director (Child Welfare), Deputy Director (Child Welfare), Assistant Director (Child Welfare), Inspecting Officers (Child Welfare) and Child Welfare Officers (Probation)] under section 39; (g)the recruitment and training of personnel responsible for work under the Act: (h)the conditions in which societies may be recognised by the [State] Government for providing [Child Welfare Officers (Probation)] their employment and matters incidental to their appointment, authorisation, resignation and removal and remuneration and expenses payable to them; (i)the manner of authorising persons for the purposes of sections 40 and 78; (j)the manner in which a child or youthful offender shall be sent back to his native place under sections 46 and 73; (k)the manner in which children shall be detained in custody by officers in-charge of police stations or sections under sub-section (1) and the manner in which children shall be ordered to be detained by courts under sub-section (2) of section 65; (l)the manner in which a child shall be ordered to be committed to [a Classifying Centre] or to the care of a relative or other fit person under clauses (a) and (b) of, and the form of bond under the proviso to, section 81; [(m) * * *](n)the manner in which contribution for the maintenance of a child may be ordered to be paid under sub-section (1) of section 90; (o)the conditions under which a child may be released from [an Approved Centre or Approved Institution] on licence and the form and conditions of such licence under sub-section (1) of section 92; [(o-i) the manner in which a child shall be sent to an Observation Home or an Approved Centre or Institution under section 105;](p)the conditions subject to which children may be committed to the care of persons under this Act and the obligations of such persons towards the children so committed: (q)any other matter which is or may be prescribed under the Act. (3)The power to make rules under this Act shall be subject to the condition of previous publication. (4)The rules made under this Act shall be published in the Official Gazette and on such publication shall have effect as if enacted in this Act.[(5) Every rule made under this section shall be laid, as soon as may be, alter it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if. before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall from the date of publication of a notification in the Official Gazette of such decision, have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under the rule.] (2)The mention of particular matters in this section shall not affect the general application to this Act of section 7 of the Bombay General Clauses Act, 1904 (which relates to the effect of repeals).]Notifications[No. RDH. 1086/3029 (27) CA-III.] - In exercise of the powers conferred by section 26 of the Bombay Children Act, 1948 (Bombay LXXI of 1948), the Government of Maharashtra hereby declares the following place as place of safety for Observation Home for boys for the purposes of the said Act, namely:-House No. 1989, Near Police Station, Gadchiroli (A building owned by Advocate B. T. Nandnapawar, Gadchiroli).