59. Control over institutions for the reception of poor children
(1)If the [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government is satisfied that the management of any institution for the reception of poor children or the accommodation provided for, or the treatment of the children therein, is such as to endanger their welfare, it may serve upon the person responsible for the management of the institution such general or special directions with respect to the matters aforesaid or any of them as it thinks expedient, for the welfare of the children in the institution.(2)A direction under this sub-section -(a)may be served on the persons responsible for the management of the institution by being delivered personally to any one of them, or by being sent, by post or otherwise, in a letter addressed to them or any of them at the institution;(b)may be varied by subsequent direction, or withdrawn by the [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government.(3)Where any such direction is not complied with, a [Judicial Magistrate of the first class] [Substituted for the words 'Magistrate of the First Class' by Punjab Act, 25 of 1964.] having jurisdiction in the place where the institution is situate, may, on the complaint of any person appointed for the purpose by the [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government, cause a summons to be served upon the person in charge of the institution and upon such other persons as such [Judicial Magistrate] [Substituted for the word 'Such Magistrate' by the Punjab Act 25 of 1964, section 2 and Schedule, Part III.] may direct, and after the enquiry may, if the court thinks fit, make an order for the removal of all children from the institution:Provided that-(a)such an order shall not be made unless the court is satisfied that welfare of some of the children is endangered;(b)the court may, if it thinks fit, order that the management shall be deemed to be modified to such extent as may be specified in the order and the direction shall have effect accordingly.(4)An order for the removal of all children from an institution for the reception of poor children shall operate as an authority to any person named in the order, and to any police officer empowered in that behalf, to enter the institution and to remove the children therein to a place of safety; and where any persons are so removed, it shall be the duty of the authority to maintain them in a place of safety until they can be restored to their relatives, or until other arrangements have been made with respect to them.(5)Where an order has been made for the removal of all children from an institution for the reception of poor children, the institution shall not be again used for the reception of children without the consent of the[State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government, and any person who knowingly permits it to be so used shall, on conviction, be liable to a fine not exceeding fifty rupees and to a further fine not exceeding ten rupees in respect of each day during which the user continues after conviction.
