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State of Punjab - Section

Section 75 in Punjab Juvenile Justice (Care and Protection of Children) Rules, 2014

75. Procedure for sending a juvenile or child outside the jurisdiction of the competent authority.

(1)In the case of a juvenile or a child whose ordinary place of residence lies outside the jurisdiction of the competent authority and the competent authority considers it necessary to take action under section 50 of the Act, it shall direct a probation officer or case worker or child welfare officer, as the case may be, to make enquiries as to the fitness and willingness of the relative or other person to receive the juvenile or the child at the ordinary place of residence and to find out whether such relative or other fit person can take proper care and control of the juvenile or the child.
(2)Where a juvenile or child is ordered to be sent to the ordinary place of his residence or to a relative or fit person, execution of a bond by the juvenile or child without any surety, in Form VI, is necessary along with an undertaking by the said relative or fit person in Form V or Form IX, as the case may be.
(3)Any breach of a bond or undertaking or of both, given under subrule (2), shall render the juvenile liable to be brought before the competent authority, who may make an order directing the juvenile to be sent to an institution home.
(4)Any juvenile or a child, who is a foreign national and who has lost contact with his family shall also be entitled for protection.
(5)The juvenile or the child, who is a foreign national, shall be repatriated at the earliest to the country of his origin in co-ordination with the respective Embassy or High Commission.
(6)The competent authority shall inform the Ministry of External Affairs about repatriation of every juvenile or child of foreign nationality for obtaining appropriate orders in this regard.
(7)A copy of the order passed by the competent authority under section 50 of the Act, shall be sent to-
(a)the probation officer or child welfare officer, who was directed to make enquiries under sub-rule (1);
(b)the probation officer or child welfare officer, if any, having jurisdiction over the place where the juvenile or the child is to be sent;
(c)the competent authority having jurisdiction over the place where the juvenile or the child is to be sent; and
(d)the relative or the person, who is to receive the juvenile or the child.
(8)During the pendency of the order under sub-rule (6), the juvenile or the child shall be sent by the competent authority to an observation home or children home as the case may be.
(9)Where the competent authority considers it expedient to send the juvenile or the child back to his ordinary place of his residence under section 50 of the Act, the competent authority shall inform the relative or the fit person, who is to receive the juvenile or the child, and shall invite the said relative or fit person to come to the home, to take charge of the juvenile or the child on such date, as may be specified by the competent authority.
(10)The competent authority inviting the said relative or fit person under sub-rule (9), may direct, if necessary, the payment to be made by the Officer-in-charge of the home of the actual expenses of the relative or fit person’s journey both ways by the appropriate class and the juvenile’s or child’s journey from the home to his ordinary place of residence, at the time of sending the juvenile or the child.
(11)If the relative or the fit person fails to come and take the charge of the juvenile or child on the specified date, the juvenile or the child shall be taken to his ordinary place of residence by the escort of the observation home and in the case of a girl child at least one escort shall be a female.