The Andhra Pradesh Children Act, 1979.
**THE ANDHRA PRADESH CHILDREN ACT, 1979**

**ACT No. 26 OF 1979**

**ARRANGEMENT OF SECTIONS**

**SECTIONS**

1. Short title, extent and commencement.
2. Saving.
3. Definitions.
4. Continuance of proceedings against child on attaining specified age.
5. Certain provisions of the Code of Criminal Procedure,
1973, etc. not to apply.

6. Constitution of Child Welfare Boards.
7. Constitution of Juvenile Courts.
8. Procedure etc., in relation to Boards and Juvenile Courts.
9. Powers of Juvenile Courts and other Courts.
10. Procedure to be followed by the court of a magistrate not empowered
under this Act.
11. No joint trial of child and adult.
12. Procedure in inquiries and trials.
13. Sittings, etc., of Juvenile Courts or Boards.
14. Special provision in respect of pending cases.
15. Presence of persons in competent authority.
16. Withdrawal of persons.
17. Dispensing with attendance of child.
18. Withdrawal of persons from competent authority when child is examined
as witness.
19. Attendance of parent or guardian of the child charged with offence.
20. Child suffering from dangerous disease to be committed to approved
place.
21. Factors to be taken into consideration in making orders under this Act.
22. Report of Probation Officers and other reports to be treated as
confidential.
23. Prohibition of publication of names, etc., of children involved in the cases
of proceedings under the Act.

24. Establishment and certification of children’s homes and certified
schools.
25. Functions of children's home and certified schools.
26. Observation homes.
27. Recognition of fit person institutions.
28. Management of Children's Homes and Certified Schools.
29. Liabilities of managers.
30. Medical inspection of children’s homes, certified schools and fit person
institutions.
31. Inspection of Voluntary Homes.
32. Power of Government to withdraw certificate or prohibit admission.
33. Surrender of certificate by manager.
34. Effect of withdrawal or surrender of certificate.
35. Disposal of inmates on withdrawal or surrender.
36. Appointment of Chief Inspector, Inspectors etc.


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37. Powers and functions of Inspectors, etc.
38. Delegation of powers of Government.
39. Appointment of Probation Officers.
40. Supervision and control of probation officers.
41. Production of neglected children before the Board.
42. Special procedure in case the neglected child has parent.
43. Inquiry by competent court regarding neglected child.
44. Power to commit neglected children to suitable custody.
45. Sending a child having place of residence outside jurisdiction.
46. Uncontrollable children.
47. Punishment for cruelty to children.
48. Penalty for being drunk while in charge of child, etc.
49. Penalty for giving intoxicating liquor or dangerous drug to child.
50. Seizure by police officer of any beedies, cigarettes, tobacco or smoking
mixture in possession of child.
51. Penalty for permitting child to enter place where, liquor or dangerous
drug is sold.
52. Inciting child to bet or borrow.
53. All owing or permitting child to be in brothel.
54. Exploitation of child employees.
55. Prohibition against causing children to take part in performances
endangering life or limb.
56. Penalty for abetting escape of child or juvenile offender.
57. Penalty for publication of report or pictures relating to
children.
58. Detention of victimised child in place of safety.
59. Victimised child to be sent to competent authority.
60. Employment of children for begging.
61. Offences under the Chapter cognizable.
62. Bail and custody of children arrested.
63. Information to parent or guardian or probation officer.
64. Inquiry by juvenile court regarding juvenile offenders.
65. Orders that may be passed regarding juvenile offenders.
66. Orders that may not be passed against juvenile offenders.
67. Proceedings under Chapter VIII of Criminal Procedure Code not
to apply against child.
68. Repatriation.

69. Contribution of parents.
# 70. Provision as to religious and Moral Instructions. 71. Placing out on licence. 72. Action by police regarding escaped children.

73. Establishment and functions of after care organizations.
74. Appeal.
75. Revision.
76. Procedure in appeals and revision proceedings.
77. Discharge and transfer.
78. Transfer between children’s homes, certified schools or institutions in the
State and the home, schools or institutions of like nature in other parts
of India.
79. Transfer of children of un-sound mind or suffering from leprosy.
80. Transfer from one institution to another.
81. Compensation for false and frivolous or vexatious information.


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82. Presumption and determination of age.
83. Removal of disqualification attaching to convictions.
84. Power to amend orders.
85. Control of Custodian over child.
86. Bonds taken under the Act.
87. Chief Inspector, Probation Officers and Inspectors and persons
authorised to be deemed to be public servants.
88. Protection of action taken under this Act.
89. Power to make rules.
90. Repeal of Act IV of 1920, Act IX 1343 F. Act XXII of 1951.
91. Provisions of Andhra Pradesh Prevention of Begging Act, 1977 to cease to
apply to Children.


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**THE ANDHRA PRADESH CHILDREN ACT, 1979**

**ACT No. 26 OF 1979**

[9[th] October, 1979]

**AN ACT TO CONSOLIDATE AND AMEND THE LAW FOR THE CARE,**
**PROTECTION, MAINTENANCE, WELFARE, TRAINING, EDUCATION AND**
**REHABILITATION** **OF** **NEGLECTED** **CHILDREN** **AND** **JUVENILE**
**OFFENDERS AND FOR THE TRIAL OF JUVENILE OFFENDERS IN THE**
**STATE OF ANDHRA PRADESH.**

BE it enacted by the Legislature of the State of Andhra Pradesh in the
Thirtieth Year of the Republic of India is follows:
**CHAPTER I**
**PRELIMINARY**

**1. Short title, extent and commencement - (1) This Act may be called the**
Andhra Pradesh Children Act, 1979.

(2) It extends to the whole of the State of Andhra Pradesh.

(3) It shall come into force on such date as the State Government may,
by notification published in the Andhra Pradesh Gazette, appoint.

**2. Saving - The Government may, by notification, direct that all or any of the**
provisions of this Act shall not apply to any class of children or juvenile
offenders in the whole of the State or in any particular area.

**3. Definitions - In this Act, unless the context otherwise requires,–**

(a) ‘adult’ means a person who is not a child;

(b) ‘begging’ shall have the same meaning as assigned to it in the
Andhra Pradesh Prevention of Begging Act, 1977;

(c) ‘Board’ means a Child Welfare Board constituted under section
6;

(d) ‘brothel’ ‘’prostitute’’, ‘’prostitution’’ and ‘’public place’’ shall
have the meanings respectively assigned to them in the
Suppression of Immoral Traffic in Women and Girls Act, 1956.

(e) ‘certified school’ means a certified school established by the
Government or any other school or institution declared by the
Government as a certified school, under section 24;

(f) ‘Chief Inspector’ means the Chief Inspector of certified
schools and children’s home appointed under section 36;

(g) ‘child’ means a boy who has not completed the age of sixteen
years or a girl who has not completed the age of eighteen years:

(h) ‘children’s home’  means  a  children’s  home established by
the Government or any institution declared by the Government as
a children’s home, under section 24;


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(i) ‘competent authority’ means in relation to neglected child, a
Board constituted under section 6 and in relation to juvenile
offender a Juvenile court constituted under section 7 and where no
such Board or juvenile court has been constituted includes any
court empowered under sub-section (2) of section 9 to exercise the
powers conferred on a Board or a juvenile court.

(j) ‘competent court’ means a juvenile court constituted under
section 7 and where no such court has been constituted, includes
a court empowered under sub-section (2) of section 9 to exercise
the powers conferred on a juvenile court;

(k) ‘dangerous drug’ means any article defined as dangerous
drug in the Dangerous Drugs Act, 1930 (Central Act 2,1930);

(l) ‘District Magistrate’ means the person exercising the powers of a
District Magistrate under the Code of Criminal Procedure, 1973
(Central Act 2,1974);

(m) ‘fit person institution’ in relation to the care of any child,
means any association or body of individuals, whether
incorporated or not, established for or having for its object, the
reception or protection of children or the prevention of cruelty to
children and which undertakes to bring up or to give facilities for
bringing up any child entrusted to its care in conformity with the
religion of child’s birth;

(n) ‘Government’ means the State Government;

(o) ‘Guardian’ in relation to a child or juvenile offender includes
any person who, in the opinion of the court having cognizance of
any proceeding in relation to the child or juvenile offender, has for
the time being, the actual charge of, or control over, the said child
or juvenile offender;

(p) ‘juvenile court’ means a court constituted under section 7;

(q) ‘juvenile offender’ means any child who has been found to have
committed an offence;

(r) ‘neglected child’ means a child who –

(i) is found without having any home or settled place of
abode or any ostensible means of subsistence or is found
destitute, whether he is an orphan or not; or

(ii) has a parent or guardian who is unable or unfit to
exercise or does not exercise proper care and control over the
child; or

(iii) lives in a brothel or with a prostitute or frequently goes
to any place used for the purpose of prostitution, or is found
to associate with any prostistute or any other person who
leads an immoral, drunken or depraved life; or

(iv) is otherwise likely to fall into bad association or to be
exposed to moral dangers or to enter upon a life of crime; or


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(v) is found begging;

(s) ‘notification’ means a notification published in the Andhra
Pradesh Gazette; and the word ‘notified’ shall be construed
accordingly;

(t) ‘observation home’  means  any  institution established,
recognised as such under section 26/19;

(u) ‘place of safety’ includes an observation home or any other
suitable place or institution (not being a police station or jail) the
occupier or manager of which is willing temporarily to receive a
child; and take care of child and which in the opinion of the
competent authority may be a place of safety for child;

(v) ‘prescribed’ means prescribed by rules made by the Government
under this Act.

(w) ‘probation officer’ means an officer appointed as a probation
officer under section 39 or under the Probation of Offenders Act,
1958;

(x) ‘supervision’ in relation to a child placed under the care of any
parent, guardian or other fit person institution under this Act
means the supervision of that child by a probation officer for the
purpose of ensuring that the child is properly looked after and that
the conditions imposed by the competent authority are complied
with;

(y) ‘voluntary home’ means any place for the reception of children
maintained wholly or partly by voluntary contributions.

**4. Continuance of proceedings against child on attaining specified age -**
For the purposes of this Act, a person shall be deemed to be a child, if at
the time of initiation of any proceedings against him under this Act, or at the
time of his arrest in connection with which any proceedings are initiated
against him under this Act, such person has not completed the age of sixteen
years in the case of a boy or eighteen years in the case of a girl:

Provided that, if during the course of the proceedings under this Act,
such person completes the age of sixteen years in the case of a boy or eighteen
years in the case of a girl, the proceedings already commenced shall be
continued and orders may be passed in respect of such person under this Act,
as if such person was a child notwithstanding anything to the contrary in this
Act.

**5. Certain provisions of the Code of Criminal Procedure, 1973, etc. not to**
**apply - Section 27 of the Code of Criminal Procedure, 1973 and the provisions**
of the Reformatory Schools Act, 1897 shall, upon the commencement of this
Act, cease to apply to this State.


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**CHAPTER II**
**POWERS** **AND** **FUNCTIONS** **OF** **BOARD** **AND** **COURTS** **HAVING**
**JURISDICTION UNDER THE ACT**

**6. Constitution of child welfare Boards - (1) The Government may, by**
notification, constitute for any area specified in the notification one or more
Child Welfare Boards for exercising the powers and discharging the duties
conferred or imposed on such Board in relation to neglected children under
this Act.

(2) The Board shall consist of a Chairman and such other members as
the Government may think fit to appoint of whom not less than one shall be a
woman and every such member shall be vested with the powers of a magistrate
under the Code of Criminal Procedure, 1973.

(3) No person shall be appointed as a member of the Board unless he
has, in the opinion of the Government, special knowledge of child psychology
and child welfare.

(4) The Board shall function as Bench of magistrates and shall have
the powers conferred by the Code of Criminal Procedure, 1973 on a
Metropolitan Magistrate or as the case may be, a Judicial Magistrate of First
Class.

**7. Constitution of Juvenile Courts - (1) The Government may, by notification,**
constitute one or more juvenile courts, for any area specified in the notification.

(2) A juvenile court shall be presided over by a single magistrate or by
such bench of magistrates consisting of two or more magistrates as the
Government may, after consultation with the High Court, think fit to appoint,
and where a bench is constituted one of the magistrates shall be designated as
the principal magistrate, and one atleast of them shall be a woman.

(3) A juvenile court, where it is presided over by a bench of
magistrates, may function even if one magistrate is present and no order made
by the bench shall be invalid by reason only of the absence of any magistrate
during any stage of the hearing of the proceeding.

(4) Every juvenile court shall be assisted by a panel of two honorary
social workers possessing such qualifications as may be prescribed, of whom at
least one shall be a woman and such panel shall be appointed by the
Government.

(5) No person shall be appointed to preside over a juvenile court
unless he is a magistrate of first class.

**8. Procedure etc., in relation to Boards and Juvenile Courts - In the event**
of any difference of opinion among the members of a Board or among the
magistrates constituting a bench, the opinion of the majority shall prevail but
where there is no such majority, the opinion of the Chairman or of the
principal magistrate, as the case may be, shall prevail.

**9. Powers of juvenile Courts and other Courts - (1) Where a Board or a**
juvenile court has been constituted for any area, such Board or court shall,
notwithstanding anything in any other law for the time being in force, but save


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as otherwise provided in this Act, have power to deal exclusively with all
proceedings or to try all cases under this Act but shall not have power to try
any case in which an adult as charged with an offence under Chapter VI of this
Act:

Provided that a Board or a juvenile court may, if it is of opinion that it is
necessary so to do having regard to the circumstances of the case, transfer any
proceedings to any juvenile court or Board, as the case may be:

Provided further that where there is any difference of opinion between a
Board and a juvenile court regarding the transfer of any proceedings under the
first proviso, it shall be referred to the Chief Metropolitan Magistrate or, as the
case may be, the Chief Judicial Magistrate for decision and in a case where the
District Magistrate is functioning as a Board or a juvenile court, such
difference of opinion shall be referred to the court of Session, and the decision
of the Chief Metropolitan Magistrate or Chief Judicial Magistrate or, as the case
may be, the Court of Session on such reference shall be final.

(2) Where no Board or juvenile court has been constituted for any
area, the powers conferred on the Board or the juvenile court by or under this
Act shall be exercised in that area, only by the following, namely;

(a) the court of the District Magistrate; or

(b) the court of any Metropolitan Magistrate or Judicial
Magistrate of the first class, as the case may be.

(3) The powers conferred on the Board or the juvenile court by or
under this Act, may also be exercised by the High Court and the Court of
Session, when the proceeding comes before it in appeal, revision or otherwise.

**10. Procedure to be followed by the court of a magistrate not empowered**
**under this Act - (1) When any court of a magistrate not empowered to exercise**
the powers of a juvenile court under this Act, is of opinion that a person
brought before it is a child, it shall record such opinion and forward the child
and the record of the proceeding to the court having jurisdiction under this
Act, to deal with and dispose of the proceeding.

(2)  The court to which the proceeding is forwarded under sub-section
(1) shall hold the inquiry as if the child has originally been brought before it.

**11. No joint trial of child and adult - (1) Notwithstanding anything in section**
223 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), or any
other law for the time being in force, no child shall be charged with or tried for
any offence, other than an offence punishable either under section 302 or
section 304 or section 392 or section 395 or section 396 of the Indian Penal
Code, 1860 together with an adult.

(2)  If a child is accused of an offence for which under section 223 of the
Code of Criminal Procedure 1973, or any other law for the time being in force,
such child and the adult would, but for the provisions of sub-section (1), have
been charged and tried together, the Court taking cognizance of that offence
shall direct separate trials of the child and the adult.

**12. Procedure in inquiries and trials - Save as otherwise expressly provided**
by or under this Act, a competent court, while holding an inquiry into and in
the trial of cases and the conduct of proceedings under this Act, shall, subject


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to such procedure as may be prescribed follow as far as may be the procedure
laid down for trials in summons cases in the Code of Criminal Procedure, 1973
(Central Act 2 of 1974).

**13. Sittings, etc., of Juvenile Courts or Boards – (1) A Board or juvenile**
court shall hold its sittings at such places, on such days and in such manner
as may prescribed.

(2) In the enquiry into or trial of a case in which a child is charged with
an offence, the court of a magistrate empowered to exercise the powers of a
Board or, as the case may be, a juvenile court under section 9, shall, as far as
practicable, sit in a different building or room from that in which the ordinary
sittings of the court are held or on different days or at different times from
those at which the ordinary sittings of the court are held.

**14.** **Special provision in respect of pending cases -** Notwithstanding
anything in this Act, all proceedings in respect of a child pending in a court on
the date on which this Act comes into force shall be continued in that court, as
if this Act had not been passed and if such court finds that the child has
committed an offence, it shall record such finding and, instead of passing any
sentence in respect of the child forward the child to the competent court under
this Act, which shall pass orders in respect of that child, in accordance with
the provisions of this Act, as if it has been satisfied on enquiry under this Act
that the child has committed the offence.

**15. Presence of persons in competent authority - (1) Save as otherwise**
provided in this Act, no person shall be present in any sitting of a competent
authority, except
(a) the members and officers of competent authority;

(b) the parties to the case before competent authority, the
parent or guardian of the child and other persons directly
concerned in the case, including the police officer and legal
practitioner; and

(c) such other persons as competent authority may permit to be
present.

(2) No legal practitioner shall be entitled to appear before a Board in
any case or proceeding before it, except with the special permission of that
Board.

**16. Withdrawal of persons - If, at any stage, during the course of a trial of a**
case or proceeding, a competent authority considers it expedient in the
interests of the child or on grounds of decency or morality, to direct any person
including the police officers, the parent, guardian or the child himself to
withdraw, the competent authority shall be entitled to give such direction and
thereupon such person shall withdraw. If any person refuses to withdraw, the
competent authority may have him removed and may for this purpose cause to
be used such force as may be necessary.

**17. Dispensing with attendance of child - If at any stage during the course of**
a trial of a case or proceeding, a competent authority is satisfied that the
attendance of a child is not essential for the purposes of the hearing of the case
or proceeding, the competent authority may dispense with his attendance and
proceed with the trial of the case or proceeding in the absence of the child.


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**18. Withdrawal of persons from competent authority when child is**
**examined as witness - If, at any stage during the course of a trial of a case or**
proceeding in relation to an offence against, or any conduct contrary to,
decency or morality a child is examined as a witness the competent authority
trying the case or holding the proceeding may direct such persons as it thinks
fit, not being parties to the case or proceeding, the legal practitioners and the
officers concerned with the case or proceeding, to withdraw. Such persons shall
then withdraw. If any person refuses to withdraw, the competent authority may
have him removed and may for this purpose, cause to be used such force as
may be necessary.

**19. Attendance of parent or guardian of the child charged with offence -**
(1) Where a child brought before a competent authority under this Act has a
parent or guardian, such parent or guardian, may, in any case, and shall, if he
can be found and if he resides within a reasonable distance from the competent
authority, be required to attend the court unless the competent authority is
satisfied that it will be unreasonable to require his attendance.

(2) The parent or guardian whose attendance is required under this
section shall be the parent or guardian having the actual charge of or control
over the child:

Provided that if such parent or guardian is not the father, the attendance
of the father may also be required.

(3) The attendance of the parent of the child shall not be required
under this section in any case, where the child was, before the institution of
the proceedings removed from the custody or charge of his parent by an order
of a court.

**20. Child suffering from dangerous disease to be committed to approved**
**place - (1) When a child brought before a competent authority under any of the**
provisions of this Act, is found to be suffering, from a disease requiring
prolonged medical treatment or from a physical or mental desease that will
respond to the treatment, the competent authority may send the child to an
observation home or to any other place recognised in the manner prescribed, to
be an approved place, for such period as it may think necessary for the
required treatment.

(2)   Where a child is found to be suffering from leprosy or is of unsound
mind, he shall be dealt with under the provisions of the Andhra Pradesh
Leprosy Act, 1953 (Act IV of 1954), or the Indian Lunacy Act, 1912 (Central Act
4 of 1912), as the case may be.

**21. Factors to be taken into consideration in making orders under this**
**Act - For the purposes of any order, which a competent authority has to pass**
under this Act, the competent authority shall have regard to the following
factors,–

(a) the character, religious persuation and age of the child;

(b) the circumstances in which the child is living;

(c) the reports, if any, made by the probation officer, under
section 63; and


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(d) such other matters as may, in the opinion of the competent
authority, required to be taken into consideration in the interest of
the child:

Provided that in the case of a juvenile offender the above
factor shall be taken into consideration after the competent
authority has recorded a finding against such offender that he has
committed the offences:

Provided further that if no report of the probation officer is
received within three months of his being informed under section
63, it shall be open to the competent authority to proceed without
it.

**22.** **Report of Probation Officers and other reports to be treated as**
**confidential -** The report of the probation officer or any other matter
considered by the competent authority under section 21 shall be treated as
confidential:

Provided that, if such report or matter relates to the character, health or
conduct of, or the circumstances in which the child, the parent or the guardian
is living, the competent court may, if it thinks expedient, communicate the
substance thereof to the child and the parent or guardian concerned as the
case may be.

**23. Prohibition of publication of names, etc; of children involved in the**
**cases of proceedings under the Act - No report in any newspaper, magazine,**
or news sheet of any inquiry or investigation of any case or proceeding before
any competent authority in which a child is involved shall disclose the name,
address or school or any other particulars calculated to lead to the
identification of any such child, nor shall any picture of any such child be
published:

Provided that for reasons to be recorded in writing, the authority trying
the case or holding the proceeding may permit the disclosure of any such
report if in its opinion, such disclosure is in the interests of child’s welfare and
it is not likely to affect adversely the interests of the child concerned.

**CHAPTER III**

**CHILDREN‟S HOMES, CERTIFIED SCHOOLS, OBSERVATION**
**HOMES AND OTHERS INSTITUTIONS**

**24. Establishment and certification of children’s homes and certified**
**schools - (1) The Government may establish and maintain as many children’s**
homes as may be necessary for the reception of neglected children and as
many certified schools as may be necessary for the reception of juvenile
offenders.

(2) Where the Government are of opinion that any institution not
established under sub-section (1) is fit for the reception of the neglected
children or juvenile offenders to be sent there under this Act, it may declare
such institution as children’s home or as the case may be, a certified school for
the purpose of this Act and issue a certificate to that effect.

**25. Functions of children’s home and certified schools - Every** children’s
home to which a neglected child, and every certified school to which a juvenile


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offender is sent under this Act shall not only provide the child with
accommodation and maintenance, but also endeavour to provide the child with
facilities for education and developing his character and abilities and to give
him necessary training for his reformation and shall also perform such other
functions as may be prescribed.

**26. Observation homes - (1) The Government may establish and maintain as**
many observation homes as may be necessary for the temporary reception of
children during the pendency of any inquiry, trial or other proceeding regarding
them under this Act and such observation homes shall be maintained in such
manner as may be prescribed.

(2) Where the Government are of opinion that any place or institution
other than those established under sub-section (1) is fit for the temporary
reception of children during the pendency of any inquiry, trial or other
proceeding regarding them under this Act, they may recognise such place or
institution as observation home for the purpose of this Act; and may after
giving notice withdraw the recognition on such grounds as may be prescribed.

**27. Recognition of fit person institutions - (1) Where the Government are of**
opinion that any institution or association is fit for the reception of children
under this Act the Government may recognise such institution or association
as a fit person institution under this Act and may after giving notice withdraw
the recognition on such grounds as may be prescribed.

(2) The Government may prescribe the conditions subject to which
institutions or associations shall be recognised as ‘fit person institutions’ for
the purposes of this Act.

**28. Management of Children’s Homes and Certified Schools - (1) For the**
control and management of every children’s home or certified school
established under sub-section (1) of section 24 a Superintendent and a
Committee of Visitors shall be appointed by the Government and such
Superintendent shall be deemed to be the manager of the children’s home or
the certified school for the purposes of this Act.

(2)  Every institution declared as a children’s home or as a certified
school under sub-section (2) of section 24 and every institution recognised as a
fit person institution under section 27 shall be under the management of a
governing body, which shall be deemed to be the manager of the home, school
or the fit person institution for the purposes of this Act.

**29. Liabilities of managers - (1) The manager of a children’s home, certified**
school or a fit person institution shall report his opinion when he is consulted
by the competent authority before any child is committed to such home, school
or institution.

(2) The manager of a children’s home or a certified school declared as
such by the Government under sub-section (2) of section 24 shall, subject to
availability of accommodation in such home or school receive any child
committed to it under this Act:

Provided that when such home or school has once accepted any child, it
shall be bound to teach, train, lodge, clothe and feed him during the whole
period for which he is liable to be detained in the home or school, or until the
withdrawal or surrender of the certificate of the home or school.


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**30. Medical inspection of children’s homes certified schools and fit person**
**institutions - Any registered medical practitioner authorised in this behalf by**
the Government may visit any children’s home, certified school or fit person
institution at any time with or without notice to its manager, in order to report
to the Chief Inspector on the health of the inmates and the sanitary condition
of the home, school or institution.

**31. Inspection of voluntary Homes - The Government may cause any**
voluntary home not liable to be inspected by or under the authority of any
Government Department, to be visited and inspected, from time to time, at all
reasonable hours by the Chief Inspector, or any person authorised by him, in
this behalf.

**32. Power of Government to withdraw certificate or prohibit admission -**
(1) Where the Government are not satisfied with the conditions, rules,
management, or superintendence of a children’s home or a certified school,
they may, at any time, by notice served on the manager of the home or school
declare that the certification of the home or school is withdrawn as from the
date specified in the notice and on such declaration the withdrawal of the
certificate shall take effect and the home or school shall cease to be a children’s
home or a certified school.

(2) The Government may, instead of withdrawing a certificate under subsection (1), by notice served on the manager of the home or school, prohibit the
admission of neglected children or juvenile offenders to the home or school for
such time as may be specified in the notice or until the notice is revoked:

Provided that before the issue of a notice under sub-section (1) or subsection (2), an opportunity shall be given to the manager of the home or school
to show cause why the certificate may not be withdrawn or admission to the
home or school may not be prohibited, as the case may be.

**33. Surrender of certificate by manager - The manger of a children’s home or**
a certified school recognized under sub-section (2) of section 24 may, on giving
six months’ notice in writing to the Government through the Chief Inspector, of
his intention so to do, surrender the certificate of the home or school at the
expiration of six months from the date of notice and there upon the home or
school shall cease to be a children’s home or a certified school.

**34. Effect of withdrawal or surrender of certificate - A neglected child or a**
juvenile offender shall not be received into a children’s home, or as the case
may be, into a certified school under this Act after the date of receipt by the
manager of the home or school of a notice of withdrawal of the certificate under
section 32, or the date of notice of intention to surrender the certificate under
section 33:

Provided that the obligation of the manager to teach, train, lodge, clothe
and feed any neglected child detained in the home or juvenile offender detained
in the school at the respective dates aforesaid shall, except so far as the
Government otherwise direct, continue until the withdrawal or surrender of the
certificate takes effect.

**35. Disposal of inmates on withdrawal or surrender - When a home or a**
school ceases to be a children’s home or a certified school, the neglected
children or juvenile offenders as the case may be, detained therein shall be
either discharged absolutely or on such conditions as the Government may


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impose or transferred by order of the Chief Inspector to some other children’s
home or certified school or fit person institution in accordance with the
provisions of this Act relating to discharge and transfer.

**CHAPTER IV**

**OFFICERS, THEIR POWERS AND DUTIES**

**36. Appointment of Chief Inspector, Inspectors etc - The Government may,**
for the purposes of this Act appoint the following officers:
(a) one Chief Inspector of certified schools and one Chief
Inspector of children’s homes for the whole of the State;

(b) such number of Inspectors and Assistant Inspectors of
certified schools and children’s homes, as may be necessary; and

(c) such other officers as may be necessary.

**37. Powers and functions of Inspectors, etc - The powers and functions of**
the Chief Inspector, Inspectors and the Assistant Inspectors of certified schools
and children’s homes and other officers shall be such as may be provided by or
under this Act and in accordance with the general or special orders, which the
Government or any officer authorised by the Government in this behalf may
make for the purpose of carrying out the provisions of this Act.

**38. Delegation of powers of Government -** The Government may, by
notification, delegate to the Chief Inspector such of their powers under this Act,
as may be prescribed, except the power to establish Boards, juvenile courts,
certified schools, children’s homes, observation homes or After Care
Organisations for reception of children and the power to make rules under this
Act.

**39. Appointment of Probation Officers - (1) The Government or such other**
authority as may be empowered by them in this behalf, may appoint probation
officers for carrying out the purposes of this Act.

(2) Subject to any rules that may be made in this behalf, it shall be
the duty of the probation officer:
(a) to visit children in need of protection and juvenile offenders
at such intervals as the probation officer may think fit;

(b) to report to the competent authority on the behaviour of any
child in need of protection or any juvenile offender;

(c) to advise and assist children in need of protection or juvenile
offenders and if necessary endeavour to find them suitable
employment;

(d) where a child in need of protection or juvenile offender is
placed under the care of any person on certain conditions, to see
whether such conditions are being complied with; and

(e) to perform such other functions as may be prescribed.


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(3) Notwithstanding anything in sub-section (1), a competent authority
may, for the purposes of any particular case or proceeding appoint any other
person as a probation officer if in its opinion such appointment is expedient or
necessary.

**40. Supervision and control of probation officers - (1) A probation officer in**
the performance of his functions under this Act shall be an officer of competent
authority and shall be under the supervision and guidance of such competent
authority.

(2) Nothing in this section shall derogate from the powers of supervision
of the Chief Inspector over the probation officers.

**CHAPTER V**
**MEASURES FOR THE CARE AND PROTECTION OF NEGLECTED**
**CHILDREN**

**41. Production of neglected children before the Board - (1) If any police**
officer, or other person authorised by the Government in this behalf by general
or special order, (hereafter in this Chapter referred to as the ‘authorised
person’) is of opinion that a person is apparently a neglected child, such police
officer or authorised person may take charge of that child for bringing him
before a Board.

(2) When information is given to an officer incharge of a police station
about any neglected child found within the limits of such station, he shall enter
in a book to be kept for the purpose, the substance of such information and
take such action thereon as he deems fit and if such officer does not propose to
take charge of the child, he shall forward a copy of the entry made and a report
of the action taken to the Board.

(3) Every child taken charge of under sub-section (1) shall be brought
before the Board within a period of twenty-four hours of taking such charge
excluding the time necessary for the journey from the place where the child
had been taken charge of to the Board.

(4) Every child taken charge of under sub-section (1) shall, unless he
is kept with his parent or guardian, be sent to a place of safety, not being a
police station, until he can be brought before the Board.

**42. Special procedure in case the neglected child has parent - (1) If a**
person, who in the opinion of the police officer or the authorised person is a
neglected child, has a parent or guardian, who has the actual charge of the
child, but who is unable or unfit to exercise proper control over the child, the
police officer or the authorised person may, instead of taking charge of the
child, make a report to the Board for initiating an inquiry regarding the child.

(2) On receipt of a report under sub-section (1), the Board may call upon the
parent or guardian to produce the child before it and to show cause why the
said child should not be dealt with as a neglected child under the provisions of
this Act, and if it appears to the Board that the child is likely to be removed
from its jurisdiction or to be concealed, it may immediately issue a warrant
authorising any police officer to search for the child and to take him to a place
of safety, not being a police station to be detained therein until he can be
brought before the Board.


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**43. Inquiry by competent Court regarding neglected child - (1) When a**
person alleged to be a neglected child is produced before a Board it shall
examine the police officer or the authorised person, who brought the child or
made the report and record the substance of such examination and hold the
enquiry in the prescribed manner.

(2) Where on such enquiry the Board is satisfied that a child is a
neglected child, the Board may make an order directing the child to be
committed to a children’s home or to the care of a fit person institution named
by the Board for a period of not less than two years but not, in any case,
extending beyond the period when the child will, in the opinion of the Board
complete the age of sixteen years in the case of a boy or eighteen years in the
case of a girl.

(3) During the pendency of any enquiry regarding a child, the child
shall unless he is kept with his parent or guardian, be sent to observation
home for such period as may be specified in the order of the Board.

**44. Power to commit neglected children to suitable custody - (1) If the**
Board so thinks fit, may instead of making an order under sub-section (2) of
section 43 for sending the neglected child to a children’s home or a fit person
institution, make an order placing the child under the care of a parent or
guardian or other person, executing a bond with or without surities in such
manner as the Board may require, to be responsible for the good behaviour and
well-being of the child and for the observance of such other conditions as the
Board may impose for securing that the child may lead an honest and
industrious life.

(2) The Board, which makes an order committing a neglected child to
the care of a parent, guardian or other person under this section may, in
addition, order that he be placed under the supervision of the probation officer
for any period not exceeding three years.

(3) Notwithstanding anything in sub-section (1) or sub- section (2), if
at any time it appears to the Board on receiving a report from the probation
officer or otherwise that there has been a breach of any of the conditions
imposed by it in respect of the child, it may, after making such enquiry as it
deems fit, order the child to be sent to a children’s home.

**45. Sending a child having place of residence outside jurisdiction - In the**
case of a neglected child whose ordinary place of residence lies outside the
jurisdiction of the Board before which it is brought the Board may, if satisfied
after due inquiry that it is expedient so to do, send such child back to a relative
or other person, who is fit and willing to receive him at his place of residence
and exercise proper care and control over him.

**46. Uncontrollable children - Where the parent or guardian of a child**
complaints to the Board that he is not able to control the child and that he
desires the child to be sent to a children’s home or a fit person institution, the
Board, if satisfied on enquiry that it is expedient so to deal with the child and
the parent or guardian understands the results which will follow may order the
child to be committed to a children’s home or a fit person institution.


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**CHAPTER VI**
**SPECIAL OFFENCES IN RESPECT OF CHILDREN**

**47. Punishment for cruelty to children – (1) Whoever having the custody,**
charge, or care of any child willfully assaults, ill-treats, neglects, abandons or
exposes the child or causes him to be assaulted, ill-treated, neglected,
abandoned or exposed in a manner likely to cause such child unnecessary
mental or physical suffering shall, on conviction, be punished with
imprisonment for a term which may extend to two years or with fine which may
extend to one thousand rupees, or with both:

(2) The infliction of a reasonable punishment on a child for proper reason
shall not be deemed to be an offence under this section.

**48. Penalty for being drunk while in charge of child, etc., - If any person**
while having the physical custody of a child under the age of seven years is
found drunk in any public street or other public place, whether a building or
not and if such person is incapable by reason of his drunkeness, of taking due
care of the child, such person shall, on conviction, be punished with
imprisonment which may extend to three months or with fine which may
extend to two hundred rupees or with both.

**49. Penalty for giving intoxicating liquor or dangerous drug to child-**
Whoever gives or causes to be given to any child any intoxicating liquor
or dangerous drug except under a prescription in writing of a Registered
Medical Practitioner, or in case of sickness or other urgent cause, shall, on
conviction, be punished with imprisonment which may extend to three months
or with fine which may extend to two hundred rupees or with both.

**50. Seizure by police officer of any beedies, cigarettes, tobacco or**
**smoking mixture in possession of child - (1) Any police officer may, seize any**
beedies, cigarettes, tobacco, or smoking mixture in the possession of a child
whom he finds smoking in any street or public place and any beedies,
cigarettes, tobacco or smoking mixture so seized be disposed of in such
manner as may be prescribed.

(2) Any police officer finding a child smoking or in possession of any
beedies, cigarettes, tobacco or smoking mixture in any street or public place
shall see that information of the fact is given to the parent or guardian of the
child.

**51. Penalty for permitting child to enter place where liquor or dangerous**
**drug is sold.- Whoever takes a child to any place where intoxicating liquor or**
dangerous drug is sold or whoever being the proprietor, owner or a person
incharge of such place, permits a child to enter such place or whoever causes
or procures a child to go to such place shall, on conviction, be punished with
fine which may extend to two hundred rupees.

**52. Inciting child to bet or borrow - Whoever by words either spoken or**
written or by signs, or other-wise, incites or attempts to incite a child to make
any bet or wage or to enter into or take any share or interest in any betting or
wagering transaction or to borrow money or to enter into any transaction
involving the borrowing of money, shall, on conviction be punished with
imprisonment for a term which may extend to three months or with fine which
may extend to five hundred rupees, or with both.


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**53. All owing or permitting child to be in brother - Whoever allows or**
permits a child over the age of four years to reside in or to frequent a brothel,
shall, on conviction be punished with imprisonment for a term, which may
extend to two years or with fine, which may extend to one thousand rupees, or
with both.

**54. Exploitation of child employees - (1) Whoever procures a child without**
the consent of the parent or guardian, ostensibly for the purposes of menial or
other employment and withholds the earnings of the child or uses such
earnings for his own purposes, shall, on conviction, be punished with
imprisonment for a term which may extend to three months or with fine, which
may extend to one thousand rupees or with both.

(2)  Any person who avails himself of the labour of a child exploited in
the manner referred to in sub-section (1) shall be liable as an abetter.

**55. Prohibition against causing children to take part in performances**
**endangering life or limb - Any person, who causes or procures a child or**
being his parent or guardian allows him to take part in any public performance
in which life or limbs are endangered, shall, on convicition, be punished with
fine, which may extend to one hundred rupees and in the case of a second or
subsequent offence, be punished with fine which may extend to three hundred
rupees:

Provided that no proceedings shall be taken under this section without
the sanction of the Commissioner of Police in the cities of Hyderabad, and of
the District Collector elsewhere.

**56.** **Penalty for abetting escape of child or juvenile offender –**

Whoever –

(a) Knowingly assists or induces, directly or indirectly a child or
juvenile offender detained in a children’s home, certified school or fit
person institution to escape from such home, school or institution or
any child to escape from the custody of the person to whose care he
has been committed under the provisions of this Act; or

(b) Knowingly harbours, conceals, or prevents from returning to
such home, school or institution or to any person with whom he is
placed out on licence or to whose care he is committed under this
Act, a child or juvenile offender who has so escaped or knowingly
assists in so doing, shall on conviction, be punished with
imprisonment for a term which may extend to three months or with
fine which may extend to five hundred rupees or with both.

**57. Penalty for publication of report or pictures relating to children -**
Whoever publishes any report or picture in contravention of the
provisions of section 23 shall on conviction, be punished with imprisonment for
a term which may extend to three months or with fine which may extend to five
hundred rupees or with both.

**58. Detention of victimised child in place of safety - Where any police**
officer not below the rank of a sub-inspector or any other officer authorised in
this behalf in the prescribed manner has reasonable ground to believe that an
offence under this Act or under the Suppression of Immoral Traffic in Woman
and Girls Act, 1956 has been committed or is likely to be committed in respect


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of any child, he may take such child to a place of safety to be detained therein
and shall produce such child before a competent authority within a period of
twenty-four hours of such detention, excluding the time necessary for the
journey from the place of detention to the competent authority and no such
child shall be detained in a place of safety beyond the said period without the
authority of the competent authority.

(2) If it appears to a competent authority from information given by
any person on oath or solemn affirmation that an offence as stated in subsection (1) has been or is being committed or, unless immediate steps are
taken, will be committed in respect of any child, the competent authority may
issue a warrant authorising any police officer to search for such child and to
take him to a place of safety to be detained therein or until he can be brought
before it.

(3) Where any child is brought before a competent authority under
sub-section (1) or sub-section (2), if the competent authority is satisfied that an
offence as stated in sub-section (1) has been committed or is likely to be
committed in respect of such child, the competent authority may, by order,
(a) commit the child to a children’s home, or

(b) commit the child to the care of any fit person, whether a
relative or not, who is willing to undertake the care of him, or

(c) direct his parent or guardian to enter a recognisance to
exercise proper care and guardianship for such time as the
competent authority deems fit but in no case beyond the time
when the child completes the age of sixteen years in the case of a
boy or eighteen years in the case of a girl.

(4) The competent authority passing an order under clause (b) or
clause (c) of sub-section (3), may, in addition, order the child to be placed
under supervision:

Provided that if, on receiving a report from the probation officer or
otherwise, it appears to the competent authority that the fit person, parent or
guardian to whose care the child has been committed, has failed to exercise
proper care or guardianship it may after such enquiry as it deems fit order the
child to be detained in a children’s home.

**59. Victimised child to be sent to competent authority - Any** court, by
which a person is convicted of having committed in respect of a child, an
offence mentioned in sub-section (1) of section 58, or before which a person is
brought for trial for any such offence or by which a person is bound over to
keep peace on account of his committing as offence in respect of a child, may
direct that the child be produced before a competent authority for making such
order as may be proper under sub-section (3) of section 58.

**60. Employment of children for begging - (1) Whoever employs or uses any**
child for the purposes of begging or causes any child to beg shall be punished
with imprisonment for a term which may extend to one year or with fine or with
both.

(2) Whoever, having the actual charge of, or control over, a child,
abets the commission of the offence punishable under sub-section (1), shall be


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punished with imprisonment for a term which may extend to one year or with
fine, or with both.

**61. Offences under the chapter cognizable - All offences under this chapter**
shall be cognizable.

**CHAPTER VII**
**JUVENILE OFFENDERS**

**62. Bail and custody of children arrested - (1) Where person who is**
apparently a child, is arrested or detained or appears or is brought before a
juvenile court, on a charge of a bailable or non-bailable offence, such person
shall, notwithstanding anything in the Code of Criminal Procedure, 1973
(Central Act 2 of 1974), or in any other law for the time being in force, be
released on bail with or without sureties, but he shall not be so released if
there are reasonable grounds for believing that the release is likely to bring him
into association with any notorious criminal or expose him to moral danger or
where his release would defeat the ends of justice.

(2) When such person having been arrested is not released on bail
under sub-section (1), the officer-in-charge of the police station shall keep the
child arrested by him in a place of a safety, not being a police station and shall
produce him before the juvenile court or the nearest magistrate within a period
of twenty-four hours of his arrest, excluding the time necessary for the journey
from the place of arrest to the court or the magistrate.

(3) Where such person is not released on bail under sub-section (1) by
the juvenile court, it shall instead of committing him to prison, make an order
sending him to an observation home for such period during the pendency of
the enquiry regarding him as may be specified in the order.

**63. Information to parent or guardian or probation officer - Where a child**
is arrested, the officer-in-charge of the police station to which the child is
brought shall, as soon as may be, after the arrest inform –

(a) the parent or guardian of the child, if he can be found on
such arrest and direct him to be present at the juvenile court
before which the child will appear; and

(b) the probation officer and the officer-in-charge of an
observation home, of such arrest in order to enable the probation
officer and the officer-in-charge of the observation home to proceed
forthwith to obtain information regarding the antecedents and
family history of the child and other material circumstances likely
to assist the competent court in making the inquiry regarding the
child.

**64. Inquiry by juvenile court regarding juvenile offenders - Where a child**
having been charged with an offence appears or is produced before a juvenile
court, the court shall hold the inquiry in accordance with the provisions of
section 12.

**65. Orders that may be passed regarding juvenile offenders - (1) Where a**
juvenile court is satisfied on inquiry that a child has committed an offence, the
juvenile court, may, notwithstanding anything to the contrary in any other law
for the time being in force, and if it thinks fit

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(a) allow the child to go home after advise or admonition;

(b) direct that child to be released on probation of good conduct
and placed under the care of its parent or guardian or other person
executing such bond, with or without sureties, as the juvenile
court may require, to be responsible for the good behaviour and
well being of the juvenile offender for any period not exceeding
three years:

Provided that the juvenile court may, in the case of a juvenile offender in
respect of whom an order under clause (b) is made, make a further order that
the juvenile offender shall remain under the supervision of a probation officer
named in such order during such period not exceeding three years as may be
specified therein:

Provided further that if at any time afterwards it appears to the juvenile
court on receiving a report from the probation officer or otherwise that the
juvenile offender has not been of good behaviour during the period of
supervision it may after such inquiry as it thinks fit order the juvenile offender
to be sent to a certified school:

(c) make an order directing the child to be sent to certified
school,
(i) in the case of a boy over fifteen years of age or a girl
over seventeen years of age for a period of one year.

(ii) in the case of any other child, for a period of not less
than two years but not in any case extending beyond the
period when the child will, in the opinion of the court,
complete the age of sixteen years in the case of a boy or
eighteen years in the case of a girl.

(2) (a) Where the offence committed by the juvenile offender is punishable
with fine and the juvenile court is of opinion that the case would be best met
by the imposition of a fine, whether with or without any other punishment, the
court shall, after giving the parent or guardian an opportunity of being heard,
order that the fine be paid by the parent or guardian of the child unless the
court is satisfied that the parent or guardian cannot be found or that he has
not conducted to the commission of the offence by neglecting to exercise due
care of the child.

(b) An order under clause (a) may be made against the parent or
guardian who having been required to attend has failed to do so.

(c) Whether a parent or guardian is directed to pay a fine under
this section, the amount may be recovered in accordance with
the provisions of the Code of Criminal Procedure, 1973 (Central
Act 2 of 1974).

**66. Orders that may not be passed against juvenile offenders -** (1)
Notwithstanding anything to the contrary in any other law for the time being in
force, no juvenile offender shall be sentenced to death or imprisonment or
committed to prison in default of payment of fine or in default of furnishing
security.


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(2) When a child is found to have committed an offence of so serious a
nature that the juvenile court is of opinion that no punishment, which under
the provisions of this Act, it is authorised to inflict, is sufficient or when the
juvenile court is satisfied that the child is of so unruly or of so depraved a
character that he cannot be committed to a certified school or detained in a
place of safety, and that none of the other methods in which the case may be
legally dealt with is suitable, the court shall order the child to be kept in safe
custody in such place or manner as it thinks fit and shall report the case for
the orders of the Government.

(3) On receipt of a report from a juvenile court under sub-section (2),
the Government may make such arrangements in respect of the child as they
deem proper and may order such child to be detained at such place and on
such conditions as they think fit:

Provided that the period of detention so ordered shall not exceed the
maximum period of imprisonment specified for the offence committed.

**67. Proceedings under Chapter VIII of Criminal Procedure Code not to**
**apply against child -Notwithstanding anything to the contrary in the Code of**
Criminal Procedure, 1973 (Central Act 2 of 1974) no proceedings shall be
instituted and no order shall be passed against a child under Chapter VIII of
the said Code.

**68. Repatriation - In case of a juvenile offender, whose ordinary place of**
residence lies outside the jurisdiction of the juvenile court before which he is
brought if the Court is satisfied after due inquiry that it is expedient so to do,
the Court may send the juvenile offender back to a relative or other person,
who is willing to receive him at his place of residence and exercise proper care
and control over him, notwithstanding the fact that the juvenile offender has to
be sent to a place outside the State.

**CHAPTER VIII**
**MAINTENANCE AND TREATMENT OF COMMITTED CHILDREN**

**69. Contribution of parents - (1) The competent authority, which makes an**
order for the detention of a neglected child in a children’s home or a juvenile
offender in a certified school or for the commital of a neglected child or juvenile
offender to the care of a relative or other fit person, may make an order on the
parent or other person liable to maintain the child, to contribute towards his
maintenance, if he is able to do so, in the prescribed manner.

(2) The competent authority before making any order under subsection (1) shall, inquire into the circumstances of the parent or other person
liable to maintain the child and shall record evidence if any, in the presence of
the parent or such other person, as the case may be.

(3) Any order under this section may be varied by the competent
authority on an application made to it by the party liable or otherwise.

(4) The person liable to maintain a child shall for the purposes of subsection (1) include in the case of illegitimacy his putative father:

Provided that where the child is illegitimate and an order for his
maintenance has been made under sections 125 and 126 of the Code of
Criminal Procedure, 1973 (Central Act 2 of 1974), the competent authority


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shall not ordinarily make an order for contribution against the putative father
but may order the whole or any part of the payments accruing due under the
said order for maintenance to such person or persons as may be named, to be
applied by him or them, as the case may be, towards the maintenance of the
child.

(5) Any order under this section may be enforced in the same manner
as an order under sections 125 and 126 of the Code of Criminal Procedure,
1973 (Central Act 2 of 1974).

**70. Provision as to religious and Moral Instructions - (1) In determining the**
children’s home, certified school, fit person institution or other person to whose
custody a child is to be committed or entrusted under this Act, the competent
authority shall ascertain the religious persuasion to which the child belongs
and shall, if possible, in selecting such children’s home certified school, fit
person, institution or other person, have regard to the facilities which are
afforded for instruction in his religion.

(2) When a child is committed to the care of a children’s home or
certified school where facilities for instruction in his religion are not afforded,
or is entrusted to the care of a fit person institution or other person under
circumstances as it appears that no special facilities for the up-bringing of the
child as per his religious practice exist, the authorities of such children’s home,
certified school or such fit person institution or such other person shall not
bring up the child as per any religious practice other than that of the child.

(3) Where it is brought to the notice of the Chief Inspector or of the
competent authority that a breach of sub-section (2) has been committed, it
shall be open to the Chief Inspector or the competent authority to transfer the
child from the custody of such home, school, institution or person.

(4) The children’s home, certified school or fit person institution shall,
wherever possible, provide for moral instructions to the children including
juvenile offenders kept in such home, school or institution.

**71. Placing out on licence - (1) Subject to the prescribed conditions the Chief**
Inspector, may at any time after the expiration of six months from the
commencement of the detention of a child in a children’s home, certified school
or fit person institution, on the recommendations of the visitors or manager of
such home, school or institution or on application by a parent, other relation or
guardian, reinforced by such inquiry as may be prescribed, release such child
from the home, school or institution and grant him a written licence in the
prescribed form and on the prescribed conditions permitting him to live under
the supervision and authority of a responsible person or society willing to take
charge of the child and approved by the Chief Inspector.

(2) Any licence granted under sub-section (1) shall be in force until
revoked under sub-section (3) or forfeited by the breach of any of the conditions
on which it was granted.

(3) The Chief Inspector may at any time by order in writing revoke any
licence and order the child to return to the children’s home, certified school or
fit person institution and shall do so at the desire of the person or society with
whom or under whose supervision, he is licenced to live, if the child refuses or
fails to return to the home, school or fit person institution, the Chief Inspector
may, if, he thinks fit in the interest of the child so to do, direct by an order the


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arrest of the child and cause him to be placed before a competent authority or
taken back to home, school or fit person institution.

(4) When a licence has been revoked or forfeited the child refusing or
failing to return to the home, school or fit person institution, has not been
arrested and placed before the competent authority under the provisions of
sub-section (3), the competent authority may if satisfied by information on oath
or solemn affirmation that there is reasonable ground for believing that his
parent or guardian could produce the child, issue a summons requiring the
parent or guardian to attend the competent authority on such day as may be
specified in the summons and to produce the child and if he fails to do so
without reasonable excuse, he shall, in addition to any other liability to which
he may be subject to under the provisions of this Act, on conviction, be
punished with fine which may extend to one hundred rupees.

(5) Where a parent or guardian is directed to pay a fine under this
section, the amount may be recovered in accordance with the provisions of the
Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

(6) The time during which a child is absent from a children’s home,
certified school or fit person institution, in pursuance of a licence granted
under this section shall be deemed to be part of the time of his detention in the
home, school or institution:

Provided that where a child has failed to return to the school or
institution on the licence being revoked or forfeited the time which lapses after
his failure so to return shall be excluded in computing the time during which
he is to be detained in the home, school or institution.

**72. Action by police regarding escaped children - Notwithstanding anything**
to the contrary in any law for the time being in force, any police officer may
arrest without a warrant a child who has escaped from a children’s home,
certified school or a fit person institution or from the supervision of a society or
a person under whose supervision he was directed to remain and shall send
the child back to the home, school, institution, society or the person without
registering any offence or prosecuting the child and the said child shall not be
deemed to have committed any offence by reason of such escape, but he shall
be dealt with by the authorities of the home, school, institution or society or
the person concerned in such manner as they think fit, provided such
authorities or person shall at the same time inform the action taken to the
competent authority from which the child was originally sent.

**CHAPTER IX**

**AFTER CARE ORGANISATIONS.**

**73. Establishment and functions of after care organizations - The**
Government may, in the manner prescribed, provide,–

(a) for the establishment or recognition of after care organisations and
the powers that may be exercised by them for effectively carrying out
their functions under this Act;

(b) for a scheme of after-care programme to be followed by such aftercare organisations for the purpose of taking care of children after they
leave children’s homes, certified school or fit person institution and for


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the purpose of enabling them to lead an honest industrious and useful
life;

(c) for the preparation and submission of a report by the probation
officer in respect of each child prior to his discharge from a children’s
home, certified school or fit person institution as the case may be,
regarding the necessity and nature of after-care of such child, the period
of such after-care, supervision thereof and for the submission of a report
by the probation officer on the progress of each such child;

(d) for the standards and the nature of services to be maintained by
such after-care organisation;

(e) for such other matters as may be necessary for the purpose of
effectively carrying out the scheme of after-care programme of children.

**CHAPTER X**
**Appeals And Revision**

**74. Appeal - (1) Subject to the provisions of this section, any person aggrieved**
by an order made by a competent authority under this Act, may, within thirty
days from the date of communication of such order, prefer an appeal to the
Court of Session:
Provided that the Court of Session may entertain the appeal after the
expiry of the said period of thirty days, if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal in time.

(2) No appeal shall lie from –

(a) any order of acquittal made by the juvenile court in respect
of a child alleged to have committed an offence; or

(b) any order made by a Board in respect of a finding that a
person is not a neglected child.

(3) No second appeal shall lie from any order of the Court of Session
passed in appeal under this section.

**75. Revision - The High Court may at any time, either of its own motion or on**
an application received in this behalf, call for the record of any proceeding in
which any competent authority or Court of Session has passed an order, for
the purpose of satisfying itself as to the legality or propriety of any such order
and may pass such order in relation thereto, as it thinks fit:

Provided that the High Court shall not pass an order under this section
adversely affecting any person without giving him an opportunity of being
heard.

**76. Procedure in appeals and revision proceedings - Save as otherwise,**
expressely provided by or under this Act, the procedure to be followed in
hearing appeals or revision proceedings under this Act, shall be, as far as
practicable, in accordance with the provisions of the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974).


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**CHAPTER XI**
**MISCELLANEOUS**

**77. Discharge and transfer -** (1) The Government may, at any time, order a
child to be discharged from a children’s home, certified school or fit person
institution, either absolutely or on such conditions as the Government may
approve:

Provided that adequate after-care service is provided for such child
wherever possible.

(2) The Government may, in the interests of discipline or for any
special reasons, order–

(a) a juvenile offender detained in a certified school, who has
completed the age of sixteen years in the case of a boy or eighteen
years in the case of a girl;

(b) any child over the age of sixteen years in the case of a boy
and eighteen years in the case of a girl released on licence, who
has committed a breach of the conditions of licence and who it is
not advisable to send back to the same home, school or institution
from which he has been released to be transferred to a Borstal
School established under the law relating to Borstal Schools for the
time being in force in the State:

Provided that the total period of detention of the child, or juvenile
offender shall not be increased by the transfer.

(3) Upon the transfer of a child or juvenile offender to a Borstal School
under sub-section (2), the provisions of the law relating to Borstal Schools for
the time being in force in the State shall apply to such child or offender as if he
had been originally ordered to be detained in a Borstal School under that law.

(4) The 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 Government may approve,
provided that adequate after-care service is provided for such child whenever
possible.

**78. Transfer between children’s homes, certified schools or institutions in**
**the State and the home, schools or institutions of like nature in other**
**parts of India - (1) The Government may, in consultation with the manager of**
any children’s home, certified school or fit person institution in this State,
consent to the transfer to that home, school or institution of any child or
juvenile offender detained in a home, school or institution of a like nature in
any other part of India by an order of a competent authority, and upon such
transfer of a child or juvenile offender to the home, school or institution in this
State, the provisions of this Act shall apply to such child or juvenile offender.

(2) The Government may direct any child or juvenile offender to be
transferred from any children’s home, certified school or fit person institutions
in this State to any home, school or institution of a like nature in any part of
India in respect of which provision similar to that in this State, is made by the
Government of that part of India under any law in force therein:


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Provided that no such child or juvenile offender shall be transferred
under this sub-section without the consent of the concerned Government of
that part of India.

**79. Transfer of children of un-sound mind or suffering from leprosy - (1)**
Where it appears to the Government that any child detained in a children’s
home, certified school or fit person institution under any order of a competent
authority is of unsound mind or a leper, the Government may, by an order
setting for the grounds, of belief that the child is of unsound mind or a leper,
order his removal to a mental hospital or leper asylum or other place of safe
custody for being kept there for the remainder of the term for which he has to
be detained under the orders of the competent authority or for such further
period as may be certified by a medical officer to be necessary for the proper
treatment of the child.

(2) Where it appears to the Government that the child is cured of
unsoundness of mind, or of leprosy, the Government may, if the child is still
liable to be kept in custody by an order direct the person having charge of the
child to send him back to the children’s home, certified school or fit person
institution from which he was removed, or if the child is no longer liable to be
kept in custody, order him to be discharged.

(3) Subject to the provisions of sub-section (2) the provisions of
section 31 of the Indian Lunacy Act, 1912 (Central Act 4 of 1912) or section 14
of the Andhra Pradesh Leprosy Act, 1953 (Central Act 4 of 1954) shall apply to
every child confined in a mental hospital or leper asylum under sub-section (1)
after the expiration of the period for which he was ordered to be detained; and
the time during which a child is confined in a mental hospital or leper asylum
under that sub-section, shall be reckoned as part of the period for which he
may have been ordered by the competent authority to be detained:

Provided that where the removal of a child due to the unsoundness of
mind or leprosy is immediately necessary, it shall be open to the authorities of
the institution in which the child is detained to apply to a Court having
jurisdiction under the Indian Lunacy Act, 1912 (Central Act 4 of 1912) or the
Andhra Pradesh Leprosy Act, 1953 (Central Act 4 of 1954) as the case may be
for an immediate order of committal to a mental hospital or a leper asylum
until such time as the orders of the Government can be obtained in the matter.

**80. Transfer from one institution to another - The Chief Inspector may, for**
reasons to be recorded in writing, direct any child or juvenile offender to be
transferred from one children’s home, certified school or fit person institution
to another children’s home, certified school or fit person institution:

Provided that the total period of detention of a child or a juvenile offender
shall not be increased by such transfer.

**81. Compensation for false and frivolous or vexatious information - (1) If in**
any case in which an information has been given by any person under the
provisions of sub-section (2) of section 58, the competent authority after such
inquiry as it may deem necessary, is of opinion that such information was false
and either frivolous or vexatious, it may, for reasons to be recorded in writing,
direct that compensation to such an amount not exceeding one hundred
rupees, as it may determine, be paid by such informer to the person against
whom the information was given.


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(2) Before making any order for the payment of compensation, the
competent authority shall call upon the informer to show cause why he should
not pay compensation and shall consider any cause which such informer may
show.

(3)  The competent authority may, by the order directing payment of the
compensation, further order that in default of payment the person ordered to
pay such compensation shall suffer simple imprisonment for a term not
exceeding thirty days.

(4) When any person is imprisoned under sub-section (3), the
provisions of sections 68 and 69 of the Indian Penal Code, 1860, shall, so far
as may be, apply.

(5) No person, who has been directed to pay compensation under this
section, shall by reason of such order, be exempted from any civil or criminal
liability in respect of the information given by him but any amount paid as
compensation shall be taken into account in any subsequent civil suit relating
to such matter.

(6) When an order for the payment of compensation is made under
sub-section (1), the compensation shall not be paid to person ordered to receive
it before the period allowed, for the presentation of an appeal has expired or if
an appeal has been filed, till it is disposed of.

**82. Presumption and determination of age - (1) Where it appears to a**
competent authority that a person brought before it under any of the
provisions of this Act, otherwise than for the purpose of giving evidence, is a
child, the competent authority shall hold an inquiry as to the age of that
person and for that purpose shall obtain medical opinion and take such other
evidence as may be forthcoming and shall record a finding whether the person
is a child or not, stating his age, as nearly as may be.

(2) No order of a competent authority shall be deemed to have become
invalid merely by any subsequent proof that the person in respect of whom the
order has been made is not a child, and the age recorded by the competent
authority to be the age of the person so brought before it, shall, for the
purposes of this Act, be deemed to be the true age of that person.

**83. Removal of disqualification attaching to convictions - When a juvenile**
offender is found to have committed any offence, the fact that he has been so
found shall not have any effect under section 75 of the Indian Penal Code,
1860, or operate as a disqualification for office or any employment or election
under any law.

**84. Power to amend orders - (1) Without prejudice to the powers of courts of**
appeal and revision, any custody order, supervision order or probation order
may be amended by the competent authority which made such order in respect
of the person named as custodian, supervisor or probation officer and such
other details as may be deemed necessary:

Provided that in the case of an order committing a child to an institution,
no such order shall be amended except in relation to the period of duration,
such amendment being by way of extension on the period only;

Provided further that in case of emergency and for immediate necessity a
committal order may be varied by way of charge in the institution to which the


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order relates, such variation being subject to confirmation by the Chief
Inspector.

(2) Clerical mistakes in orders passed by a competent authority or patent
errors arising therein from any accidental slip or omission may, at any time, be
corrected by the competent authority either on its own motion or on an
application received in this behalf.

**85. Control of Custodian over child - (1) Any person to whose care a child is**
committed under the provisions of this Act shall, while the order is in force,
have a like control over the child as if he were his parent, and shall be
responsible for his maintenance, and the child shall continue in his care for
the period stated by the competent authority notwithstanding that he is
claimed by his parent or any other person.

(2) The Chief Inspector shall have the power under the Guardian and
Wards Act, 1890 (Central Act 8 of 1890) to be an ex-officio guardian within the
meaning of that Act in respect of the children under his care, and shall have
the right to apply to the competent authority for directions as to the
administration of the property of the child.

**86. Bonds taken under the Act - The provisions of Chapter XXXIII of the Code**
of Criminal Procedure, 1973 (Central Act 2 of 1974), shall, so far as may be,
apply to bonds taken under this Act.

**87.** **Chief Inspector, Probation Officers and Inspectors and persons**
**authorised to be deemed to be public servants - The Chief Inspector,**
Probation Officers, Inspectors and Assistant Inspectors of certified schools and
children’s home and all other persons authorised or entitled to act under any
of the provisions of this Act shall be deemed to be public servants within the
meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860)
and of section 2 of the Prevention of Corruption Act, 1947 (Central Act 2 of
1947).

**88. Protection of action taken under this Act - No suit, prosecution or other**
legal proceeding shall be instituted against any person for anything which is in
good faith done or intended to be done under this Act.

**89. Power to make rules - (1) The Government may, by notification, make**
rules for carrying out all or any of the purposes of this Act.

(2) In particular and without prejudice to the generality of the
foregoing provision, such rules may be made for all or any of the following
matters, namely:
(a) the procedure to be followed by a competent authority or any
other court in inquiries, trials and the conduct of proceedings
under the Act;

(b) the places at which, the days on which and the manner in
which a competent authority shall hold its sittings;

(c) the circumstances in which and conditions subject to which
an institution may be declared or recognised as children’s home, a
certified school, a fit person institution, observation home or an
approved place;

(d) the internal management and discipline of children’s homes,
certified schools, fit person institutions and observation homes and
the standards to be maintained by them and their classification


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with reference to age-groups of the children or juvenile offenders to
be detained therein;

(e) the functions and liabilities of children’s homes, certified
schools, fit person institutions and observation homes;

(f) the inspection of children’s homes, certified schools, fit
person institutions, observation homes, voluntary homes and
after-care organisations;

(g) the establishment, management and functions of after-care
organisations and the circumstances in which and the conditions
subject to which an institution may be recognised as an after care
organisation;

(h) the powers and functions of Chief Inspector, Inspectors and
Assistant Inspectors of certified schools and children’s homes and
probation officers;

(i) the recruitment and training of persons appointed to carry out
the purposes of this Act and the terms and conditions of their
services;

(j) the manner in which contribution for the maintenance of a
child may be ordered to be paid by parent or guardian;

(k) the conditions under which a child may be placed out on
licence and the form and conditions of such licence;

(l) the conditions subject to which children may be committed
to the care of persons under this Act and the obligation of such
persons towards the children so committed;

(m) any other matter which is or may be prescribed under the
Act.

(3) Every rule made under this section shall be laid as soon as may
be, after it is made, before each House of the State Legislature, while it is in
session for a total period of fourteen days, which may be comprised in one
session or in two successive sessions, and if, before the expiry of the session in
which it is so laid or the session immediately following, both Houses agree in
making any modification in the rule or in the annulment of the rule, the rule
shall from the date on which the modification or annulment is notified have
effect, only in such modified form or be of no effect as the case may be, so
however that any modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.

**90. Repeal of Act IV of 1920, Act IX 1343 F. Act XXII of 1951 - The Andhra**
Pradesh (Andhra Area) Children Act, 1920, the Andhra Pradesh (Telangana
Area) Children Protection Act, 1343 F., the Andhra Pradesh (Telangana Area)
Children Act, 1951 are hereby repealed:

Provided that
(a) juvenile courts established under any of the above Acts shall
be deemed to be juvenile courts established under this Act;

(b) certified schools established under the above Acts shall be
deemed to be certified schools established under this Act;

(c) all licences and certificates granted and transfers made
under any of the above Acts shall be deemed to be granted or made
under this Act;


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(d) all cases, proceedings and appeals pending before any court
under any of the above Acts shall be continued and disposed of by
the said courts, notwithstanding anything in this Act, as if they
were cases, proceedings and appeals under this Act;

(e) all appeals against orders of courts appointed under any of
the above Acts, which would have laid under any of those Acts
shall be deemed to be appeals from orders made by courts under
this Act and shall be presented to the courts empowered to hear
appeals under this Act and shall be disposed of accordingly;

(f) any appointment, notification, notice, rule or form made or
issued under any of the above Acts shall continue to be in force
and be deemed to have been made or issued under the provisions
of this Act in so far as such appointment, notification, notice,
order, rule or form is not inconsistent with the provisions of this
Act and shall continue to be in force unless and until it is
superseded by any appointment, notification, notice, order, rule or
form made or issued under this Act.

**91. Provisions of Andhra Pradesh Prevention of Begging Act, 1977 to**
**cease to apply to Children - The provisions of the Andhra Pradesh Prevention**
of Begging Act, 1977 (Andhra Pradesh Act, 12 of 1977) shall cease to apply to
children to which this Act applies and section 8 of the Andhra Pradesh General
Clauses Act, 1981 shall apply on such cessor as if the said provisions
had been repealed by an Andhra Pradesh Act.


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