97. Discharge and transfer. - (1) The [State] Government may at any time order a child or youthful offender to be discharged from [an Approved Centre or Approved Institution] either absolutely or on such conditions as the [State] Government approves.
(2)(a)The [State] Government may order a youthful offender who has attained the age of sixteen years [detained in an Approved Centre or Institution] to be transferred to a Borstal School established under the Bombay Borstal Schools Act, 1929, in the interest of discipline or for other special reasons;(b)any boy or girl over the age of sixteen years, who has been released on licence, and who has committed a breach of licence conditions and whom it is not advisable to send back to his [own Approved Centre or Institution] may be transferred to a Borstal School or institution :Provided that, the whole period of the detention of the child or youthful offender shall not be increased by the transfer.(3)Upon the transfer of a child or youthful offender to a Borstal School under sub-section (2) the provisions of the Bombay Borstal Schools Act, 1929, shall apply to such offender as if he had been originally ordered to be detained in a Borstal School under that Act.(4)The [State] Government may at any time in its discretion discharge a child from the care of any person to whose care he is committed under this Act, either absolutely or on such conditions as the [State] Government approves.[98. Transfer between institutions and those of like nature in different parts of India. - (1) The State Government may, in consultation with the managers of any Approved Centre or Institution, consent to the transfer to that Centre or institution of any child or youthful offender in respect of whom an order has been made by a competent authority in any other part of India of the nature of an order under this Act directing him to be sent to Approved Centre or reformatory school or Institution of like nature, and upon such transfer, the provisions of this Act shall apply to such child or youthful offender.(2)The State Government may direct any child or youthful offender to be transferred from any Approved Centre or Institution to any centre or institution of a like nature in any other part of India in respect of which provision similar to that in the State of Maharashtra is made by the Government of that part under any law in force therein :Provided that, no such child or youthful offender shall be transferred under this section to any other part of India without the consent of the Government of that part.
