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State of Maharashtra - Section

Section 59 in The Maharashtra Juvenile Justice (Care and Protection of Children) Rules, 2002

59. Escape or run away of children.

- In the event of an escape, the Officer-in-Charge of Observation Home or Special Home or Children's Home or an Institution shall adopt the following proceedings:-
(1)A complaint shall be lodged with the Police Station along with the details and description of the child, identification marks, photograph, the details of parents address, offence for which he had been placed in the institution etc., immediately by issuing search warrant in Form XIV.
(2)Search of the child at places like railway stations, bus stand other places etc., can be made by the staff of the institution. Staff need not wait for the formal orders or instructions to be issued. The available immediate Superior Officer shall direct such action in the absence of the Officer-in-Charge of the institution.
(3)Search parties should report the fact immediately on return from search operation.
(4)The Officer-in-Charge of the institution shall hold an enquiry on the incident and a report shall be sent to the Competent authority and other controlling authorities within twelve hours of the incidence. The report shall be sent either by a mail, fax, special messenger etc., as the case may be.
(5)A communication shall be sent to the parents or guardian and the Advisory Board immediately about such escapes.
(6)The Officer in-Charge of the institution shall specify the security lapses if any noticed at the time of enquiry.
(7)The Officer-in-Charge of the institution shall initiate suitable action against the staff if lapses on their part while discharging their duties have been established.
(8)All the staff who are dealing with children are accountable for the safety of children.
(9)In case of a child who runs away from the institution for more than two occasions, such child shall be reproduced before the Board or Committee as the case may be for review of alternate means of rehabilitation.
(10)No action shall be taken against the children who have been found and bought back to the institution.
(11)If the child is not traceable during the leave period then after due enquiries, the names of such child should be struck off after three months from the institution after the complaint has been registered in a police station. If the child or juvenile returns back after 3 months, he shall be admitted as a fresh inmate.