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State of West Bengal - Section

Section 37 in West Bengal Children Act, 1959

37. Permission to a juvenile delinquent or other child to live temporarily With his parent or Guardian.

(1)The State Government or any authority to which the State Government may delegate its powers in this behalf, may, on the recommendation q f the managers of the school, permit a juvenile delinquent or other child sent to a reformatory, industrial or borstal school to live under the charge of his parent or guardian for any period not exceeding thirty days at a time excluding the time required for journeys and the days of departure from, and the arrival at, the school:Provided that such permission shall not be granted, unless-
(i)the juvenile delinquent or other child has completed.at least two years of stay in a reformatory, industrial or borstal school and his conduct has been in the opinion of the managers of the school uniformly satisfactory;
(ii)the parent or guardian of such juvenile delinquent or other child executes a bond with or without sureties as the managers of the school may require, for the return of the juvenile delinquent or other child to the school on the expiry of the period for which he is permitted to live under the charge of such parent or guardian as the case may be; and
(iii)in the case of a second or subsequent permission, not fess than one year has elapsed from the date of the expiry of the previous permission.
(2)A juvenile delinquent or other child, who is permitted to live under the charge of his parent or guardian under sub-section (1) shall return on the due date to the school.
(3)The period during which a juvenile delinquent or other child is permitted to live under the charge of his parent or guardian under subsection (l), shall be deemed to be part of the period of his stay in the school, provided that he returns to the school on the due date and his conduct has been found to be satisfactory during the period for which he was permitted so to live.
(4)Notwithstanding anything to the contrary in any law for the time being in force, any police officer not below the rank of an Assistant Sub- Inspector may without warrant take charge of a juvenile delinquent or other child, who fails to return to a reformatory, industrial or borstal school, as the case may he, after the expiry of the period for which he has been permitted under sub-section (1) to live under the charge of his parent or guardian and take him back to the school.