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State of Punjab - Section

Section 8 in The East Punjab Children Act, 1949

8. Children found homeless, destitute, etc.

(1)Any police officer or such other person authorised in this behalf in accordance with rules made by the [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may bring before a court any person who in his opinion is a child and who-
(a)has no home, place of abode or visible means of subsistence, or is being wilfully neglected by his parent or guardian; or
(b)is found destitute and his parents or surviving parent or other guardian or in the case of an illegitimate child his mother or other guardian, are or is, as the case may be, undergoing transportation or imprisonment; or
(c)is under the care of a parent or guardian who by reason of criminal or drunken habits is unfit to have the care of such person; or
(d)frequents the company of any reputed thief or prostitute ; or
(e)is lodging or residing in or frequenting a house used by a prostitute for the purposes for prostitution; or
(f)is made or allowed to beg or receive alms; or
(g)is being grossly overworked or ill-treated by his employer:
Provided that when any such child has a parent or guardian who has the actual charge or control over the child, the police officer or other person, as aforesaid, shall, in the first instance make a report to the nearest court or [judicial magistrate] [Substituted for the word 'magistrate' by Punjab Act 25 of 1964, section 2, Schedule, Part III.] having jurisdiction under this Act. Such court or [judicial magistrate] [Substituted for the word 'magistrate' by Punjab Act 25 of 1964, section 2, Schedule, Part III.] may call upon such parent or guardian to show cause why the child should not during the pendency of the proceedings be removed from this care; and may on suitable sureties being offered for the safety of such child and for his being brought before the court, permit the child to remain in the actual charge or control of his parent or guardian or may order his removal till the court passes orders under this Act.
(2)The court before which a child is brought under sub-section (1) shall examine the informant and record the substance of such examination and shall, if there are sufficient grounds for further enquiry, fix a date for such enquiry.
(3)On the date fixed for the production of the child or for the enquiry or on any subsequent date to which the proceedings may be adjourned the court shall hear and record all evidence which may be adduced and consider any cause which may be shown by an order sending the child to a certified school not be passed and make any further enquiry it thinks fit.
(4)If the court is satisfied on the enquiry that such person is a child to whom any of the clauses of sub-section (1) applies and that it is expedient so to deal with him, the court may order him to be sent to a certified school until such child attains the age of 18 years or for any shorter period.