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Bombay Presidency - Section

Section 35 in The Bombay Children Act, 1948

35. [Inspection of Approved Institutions, etc.] [This marginal note was substituted by Maharashtra 54 of 1975, Section 18(4).]

- [(1) The State Government may cause any Approved Institution, After-care Home or Hostel, Observation Home and other institutions under this Act to be visited and inspected from time to time at all reasonable hours by the Director (Child Welfare) or any member of his inspecting staff for the purposes of securing the health and welfare of the children and the sanitation of the premises.
(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.] [Sub-sections (1) to (4) were substituted, by Maharashtra 54 of 1975, Section 18(1).]
(5)A direction under the foregoing sub-section may be varied by a subsequent direction or withdrawal by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] 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] [This word was 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 referred to in sub-section (1)] [These words, brackets and figure were substituted tor the words 'voluntary home' by Maharashtra 54 of 1975, Section 18(2).] 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] [These words were substituted for the words 'voluntary home' by Maharashtra 54 of 1975, Section 18(3).],
(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] [These words were substituted for the words 'voluntary home' and 'the home' respectively, by Maharashtra 54 of 1975, Section 18(3).] 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] [These words were substituted for the words 'voluntary home' and 'the home' respectively, by Maharashtra 54 of 1975, Section 18(3).] 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] [These words were substituted for the words 'voluntary home' and 'the home' respectively, by Maharashtra 54 of 1975, Section 18(3).], [the institution] [These words were substituted for the words 'voluntary home' and 'the home' respectively, by Maharashtra 54 of 1975, Section 18(3).] shall not be used for the reception of children without the consent of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government.