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Bombay Presidency - Section

Section 92 in The Bombay Children Act, 1948

92. Placing out on licence.

- [(1) Subject to the prescribed conditions, the Director (Child Welfare) may, at any time after the expiration of six months from the commencement of the detention of a child in an Approved Centre or Approved Institution and on the recommendation of the visitors or managers of the Approved Centre or Approved Institution or on application by a parent, other relation or guardian reinforced by local inquiries made through the Maharashtra State Probation and After-care Association, or otherwise, release such child from the Centre or Institution and grant him a written licence in the prescribed form and on the prescribed conditions permitting him to live under the supervision and authority of such responsible person or society willing to take charge of the child and approved by the Director.] [Sub-section (1) was substituted, by Maharashtra 54 of 1975, Section 51(1).]
(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.] [Sub-section (3) was substituted by Maharashtra 54 of 1975, Section 51(2).]
(4)When a licence has been revoked or forfeited and the child or youthful offender refusing or failing to return to the [Approved Centre or Approved Institution] [These words were substituted for the words 'school or fit person institution' by Maharashtra 54 of 1975, Section 51(3).] 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.] [See now the Code of Criminal Procedure, 1973 (2 of 1974).]
(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.] [Sub-section ((5) was substituted by Maharashtra 54 of 1975, Section 51(4).]