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Bombay Presidency - Section

Section 4 in The Bombay Children Act, 1948

4. Definitions.

(1)In this Act, unless there is anything repugnant in the subject or context,-
(a)"adult" means a person who is not a child;
[(a-1) 'after care' means care during the period of release on licence of a child from an Approved Centre or Approved Institution or any other institution under this Act; [These clauses were inserted by Maharashtra 54 of 1975, Section 2(1).](a-2) 'After-care Home or Hostel' means an institution established and maintained or recognised under sub-section (3) of section 25 of this Act;*(a-3) 'Approved Centre' means an industrial school or other educational institution established and maintained under sub-section (1) of section 25 of this Act;*(a-4) 'Approved Institution' means any industrial school or other educational institution recognised under sub-section (2) of section 25 of this Act;]
(b)[ "begging" means begging as defined in the Bombay Prevention of Begging Act, 1959: [Clauses (b) and (c) were substituted by Maharashtra 38 of 1963, Section 7(1).]
(c)"brothel" means a brothel as defined in the Suppression of Immoral Traffic in Women and Girls Act, 1956];
(d)[ x x x] [Clause (d) was deleted by Maharashtra 54 of 1975, Section 2(2).]
(e)[ 'child' means a boy who has not completed the age of sixteen years, or a girl who has not completed the age of eighteen years; [Clauses (e) and (ee) were substituted for clause (e), by Maharashtra 54 of 1975, Section 2(3).]
(ee)'Classiying Centre' means an Institution established and maintained under section 27 of this Act;]
(f)"dangerous drug" means any article defined as "dangerous drug" in the Dangerous Drugs Act, 1930;
(g)"final order" means an order passed by a juvenile court or any court empowered under sect ion 8 to exercise the powers of a juvenile court under the following sections, namely, 45 to 47, 71 to 76, 79, 81 lo 84, 90 to 92. 101 and 103;
(h)[ 'fit person' in relation to the care of any child means an individual who, in the opinion of the Court, is willing and fit to take proper care of a child;] [Clause (h) was substituted by Maharashtra 54 of 1975, Section 2(4).]
(i)"guardian" in relation to a child or youthful offender includes any person who in the opinion of the court having cognizance of any proceedings in relation to the child or youthful offender has for the time being the actual charge of, or control over, the said child or youthful offender:
(j)"immoral behaviour" includes any act or conduct which is indecent or obscene;
(k)"Juvenile Court" means a court established under section 7 of this Act;
(ka)[ 'Observation Home' means a place which has been declared by the State Government to be an Observation Home under section 26 of this Act;] [Clause (ka) was inserted by Maharashtra 54 of 1975, Section 2(5).]
(l)"place of safety" includes [an Observation Home] [These words were substituted for the word 'a remand home' and 'such remand home' respectively by Maharashtra 54 of 1975, Section 2(6)(i).] or [any other suitable place or institution declared by an officer duly authorised by the State Government in this behalf] [These words were substituted for the words 'any other suitable place or institution', by Maharashtra 54 of 1975, Section 2(6)(ii).] the occupier or manager of which is willing temporarily to receive a child or where [such Observation Home] [Clause (ka) was inserted by Maharashtra 54 of 1975, Section 2(5).] or other suitable place or institution is not available, in the case of a male child only, a police station in which arrangements are available or can be made for keeping children in custody separately from other offenders;
(m)"prescribed" means prescribed by rules made under this Act;
(n)"probation of good conduct" means the release of a youthful offender on probation of good conduct on his personal recognizance. The expression 'probation of good conduct' order shall be construed accordingly;
(o)[ "prostitution" means prostitution as defined in the Suppression of Immoral Traffic in Women and Girls Act, 1956;] [Clause (o) was substituted by Maharashtra 38 of 1963, Section 7(2).]
(p)"society" means a body or association of individuals, whether incorporated or not;
(q)"supervision" means the placing of a child under the control of a [+Child Welfare Officer (Probation)] [These words and brackets were substituted for the words 'probation officer' by Maharashtra 54 of 1975, Section 2(7).] or other person for the purpose of securing proper care and protection of the child by his parent, guardian, relation or any other fit person to whose care the child has been committed. The expression 'supervision order' shall be construed accordingly;
(r)[ x x x] [Clause (r) was deleted by Maharashtra 54 of 1975, Section 2(8).]
(s)"youthful offender" means any child who has been found to have committed an offence.
(2)Words and expressions used and not defined in this Act but defined in the [Code of Criminal Procedure, 1898] [See now the Code of Criminal Procedure, 1073 (2 of 1974).] shall have the meanings assigned to them in that Code.
*Section 61 of Maharashtra 54 of 1975 reads as follows :-"61. Construction of references in enactments of instruments.- (1) On the establishment on an Observation Home, Approved Centre and on the appointment of the Child Welfare Officer (Probation) and Director (Welfare), for the expression mentioned in column (1) of the Table hereunder occurring in any law for the time being in force, or in any instrument or other documents, there shall be substituted the expressions, respectively, mentioned against them in column (2) of the said Table.Table{|
(1) (2)
Certified School Approved Centre
Remand Home Observation Home  
Fit person institution or approved place Approved Institution
Probation Officer Child Welfare Officer (Probation)
Chief Inspector of Certified Schools Director (Child Welfare)
(2)On the commencement of this Act. -
(a)all rights, liabilities and obligations of Certified Schools and fit person institutions (including those under any agreement or contract) in relation to the administration of this Act. shall be deemed to be the rights, liabilities and obligations of the Approved Centres and Approved Institutions, respectively:
(b)all proceedings and matters pending before the Chief Inspector of Certified Schools, Inspectors and Assistant Inspectors of Certified Schools and Probation Officers under the provisions of this Act, immediately before such commencement shall be deemed to be proceedings and matters pending before the Director (Child Welfare) or Deputy Director (Child Welfare), the Assistant Director (Child Welfare) and Child Welfare Officer (Probation) respectively, and such proceedings and matters shall be continued and disposed of under the provisions of this Act;
(c)all proceedings or matters brought before any Court under this Act by a Probation Officer shall be deemed to be brought before such Court by the Child Welfare Officer (Probation)."
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