Section 40 in The Maharashtra Juvenile Justice (Care and Protection of Children) Rules, 2002
40. Leave of absence.
(1)The juvenile or child of an institution may be allowed to go on leave of absence or released on license and stay with his family during examination, emergencies or special occasions like marriage in the family or events like funeral of a father, mother, siblings, grand parents etc.(2)Leave of absence for short periods not exceeding seven days excluding the journey time in a year may be recommended by the Officer-in-Charge, but granting of such leave shall be at the discretion of the sanctioning authority and it can not be claimed as a right.(3)The parents or guardians of the juvenile or child may submit an application to the Officer-in-Charge requesting for release of the juvenile or child on leave, stating clearly the purpose for the leave and the period of leave.(4)If the Officer-in-charge considers that granting of such leave is in the interest of the juvenile or child, he shall call for a report of the Probation Officer and forward the case to the Competent authority.(5)While issuing an order of sanctioning the leave of absence or release on license the Competent Authority shall clearly mention the period of leave and condition attached to the leave order. If any of these conditions are not complied with during the leave period, the child or juvenile may be recalled to the institution by the competent authority.(6)The person who takes charge of a child or the juvenile from Observation Home or any other home for such purpose shall execute a bond in Form XIX to fulfill the conditions stipulated therein.(7)The parent or guardian shall arrange to escort the juvenile or child from and to the Home or institution and bear the travelling expenses. In exceptional cases or during an emergency, the Officer-in-Charge may arrange to escort the child or juvenile to the place of the family and back.(8)If the juvenile or child runs away from family during the leave period, the parents or guardians shall inform the Officer-in-Charge of the Home or institution immediately and try to trace the child or juvenile, and if found, send the child or juvenile to the Home or institution.(9)If the parent or guardian do not take proper care of the child or juvenile during the leave period or do not bring the child or juvenile back to the Home or institution within the stipulated period, such leave may be refused on later occasions.(10)If the child or juvenile does not return to the Home or institution on expiry of the sanctioned leave, the Competent authority shall make inquiries and then refer the case to police for taking charge of the child or juvenile and bring him back to the institution.(11)The period of such leave shall be deemed to be part of the period of placement in the institution. The time which lapses after the failure of a child or juvenile to return to the institution within the stipulated period shall be excluded in computing the period of his placement in the institution.(12)The leave of absence to a child or juvenile placement shall not be at one instance, The children shall be granted leave of absence for six weeks as summer vacations. Summer vacation can be availed any time from the 1st May of every year.
