The ASSAM CHILDREN ACT, 1970
###### 64

(2) This section shall remain in force till the

31st day ot March, 1971:

Provided that the expiration shall not affect-

{a) the previous operation of, or anything duly

done or suffered under this section ; or

(b) any right, privilege, obligation or liability
acquired, accrued or incurred under this
section; or

_(c)_ any penalty, forfeiture or punishment incurred

in respect of any offence committed against
this section ; or
_( d) any investigation, legal_ proceeding or remedy
in respect of any such right, privilege,

obligatio,1, liability, penalty, forfeiture or

punishment as aforeaaid;

and any such investigation, legal proceeding
or remedy may be instituted, continued or
enforced, and any such penalty, forfeiture
or puni~hment may be imposed as if this
section had not !:xpired.

Repeal and 3.(1) The Assam Agricultural Income-tax Ordinance

saving. (Amendment) Ordinance, 1971 is hereby repealed. of 1971.

(2) Notwithstanding such repeal, anything done

or any action taken under the Assam Agricuitural

Income-tax (Amendment) Ordinance, 19 71, shall be
deemed to tave been done or taken under this

Act as if this Act has commenced on the

second day of January, 1971 (the date of promulgation
of the Ordinance).

ASSAM ACT XII OF 1971

THE ASSAM CHILDREN ACT, 1970

**(Received the** **assent** **of the** **President** **on the** **20th** **April,** **1971)**

Published in the Assam _Gazette,_ Extraordinary, dated the 28th April 1971]
**An**

**Act**

**to provide for** **the care,** **protection,** **maintenance, health,** **welfare**

**training,** **education** **and** **rehabilitation** **of** **neglected** **or**
**delinquent children and for** **the trial** **of** **delinquent**
**children in the** **State of Assam**

Preamble. Whereas it is expedient to provide for the care,
protection, maintenance, health, welfare, training,
education and rehabilitation of neglected or delinquent
children and for the trial of delinquent children in the
State of Assam ;


-----

###### it is hereby enacted in the Twenty-first Year of the
Republic of India as follows:-

**CHAPTER I**

PRELI MINAR\'

Short title, 1 (1) This Act may be called the Assam Children
exteat and '
eommencc- .Act, 1970.

meat.

(2) It ext e nd~ to the whole of the State of Assam.

(3) It shall come into force on such date as the

State Government may, by notification in the official
Gazette, appoint and different dates may be appointed
for different areas of the State.

Definition; 2. In this Act, unless there is anything r"pugnant

in th e subject or context:-

(a) "Begging" means begging as defined in the Assam Act

Assam Prevention of Begging Act, 1964 ; XVIII of
1964.

(b) "Board" means a Child Welfare Board con·

stituted under section 4 ;

(c) «Broiflel", "Prostitute", "Prostitution' · and

"Public Place" shall have the meanings
respectively assigned to them in the Sup- Central Act
pression of Immoral Traffic in Women 104 of 1956.
and Girls Act, 195'.J ;

(d) "Child" means a boy who has not attained

the age of sixteen years or a girl who
has not attained the age of righteen
years ;

**(e)** "Children's Court" means a court constitu·
ted under section 5 ;

(f ) "Children's Home'' means an institution
established or certified by the State

Government under section 9 as a Chil-
dren's Horne ;


-----

###### 66

_I_ (g) "Competent authority" means, in relation

to neglected children, a Board constitu·
ted under section 4 and, in relation to
delinquent children a Children's Court
constituted under section 5, and wh~
no such Board or Children's Court has
been constituted , includes any Court

empowered under sub-section (2) of

section 7 to exercise the powers confer.
red on a Board or Children's Court ;

(h) "Dangerous drug" shall have the meaning 2 of 1930•

assigned to it in the Dangerous Drugs

Act, 1930 ;

(i) "Delinquent Child" means a child who has
been found to have committed an _s.

offence ;

( j) "Guardian" in relation to a child, includes

any person who, in the opinion of the
competent authority having cognizance
of any proceeding in relation to a child,
has, for the time being, the actual ch:arge
of, or control over, that Child ;

~ k) "Neglected Child" means a Child who•-

(i) is found begging ; or

_(ii)_ is found without having any home o::-

settlecl place of abode or any ostensible
means of subsisteIJce or is found des-
titu1e; whether he is an orphan or

###### not; o;;

(iii) has a parent or guardian who is unfit to

exercise or does not exercise proper
care and control over the child ; or

1[1]v) 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 prostitute or any
other p~rson who leads an immoral,
drunken or depraved life.

(I) "Observation Home" means any institution

or place established or recognised by the

State Government under section 11 as

an Observation Home ;


-----

67

(m) "Offence" means an offence punishable

under any law for the time being in force, ;

1 [n ]\ "Prescribed" means prescribed by rules
made under this Act ;

(o) "Probation Officer" means an Officer ap-

pointed as a Probation Officer under this 20 of l95S.

Act or under the Probation of Offenders

Act, 1958 ;

(p) "Special School" means an institution
established or certified by the State

Government under section 10 _:_

\q) ["Supervision", ] _[in ][relation ]_ [to a ] [child ] [placed ]

under the care of any parent, guardian or
other fit person 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 ;

(r\ all words and expression used but not defin-

ed in this Act and defined in the Code of
Criminal Procedure, 1898 shall have the 5 of 1898.
meanings assigned to them in that Code.

Gont~nua~ion 3. Where an inquiry has been init;ated against a
?f mquiry child and during the course of such inquiry the child

            - respect b h h             - h d. h.
of Child ceases to e sue , t en, notw1t sta.n mg anyt rng con·

who has tained in ~this Act or in '.l.ny other law for the time

ceased _t?_ being in force, the inquiry may be continued and_ orders
be a child. may be made in respect of such person as if such
person had continued to be child.

**CHAPTER** II

COMPETENT AUTHORITIES AND INSTITU-

###### TION FOR CHILDREN

Cluld Wei· 4. (1) The State Government may, by notification

fare Boards. in the Official Gazette, constitute for any area speci-

fied 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) Board shall consist of a Chairman and such

other members as the State Government thinks fit to
appoint, of whom not less than one shall be a woman;


-----

68

and every such member shall be vested with the
powers of a Magistrate under the Code of Criminal 5 of l<t98 .
Procedure, 1898.

(3) The Board shall function as a Bench of Magis-
trates and shall have the powers conferred by the
Code of Criminal Procedure, 1898, on a Magistrate 5 of 1898.
of the First Class,

Chifdren's
Courts. 5. (1) Notwithstanding anything contained in the

Code of Criminal Procedure ,1898, the State Govern- 5 of 1898.
ment may, by notification in the Official Gazette, con-
stitute fnr any area specified in the notification, one or
more Children's Courts for exercising the powers and
discharging the duties conferred or imposed on such
court in relation to delinquent children under this
Act.

(2) A Children's Court shall consists of such number
of Magistrates forming a Bench as the State Govern-

. ment thinks f:tt to appoint, of whom one shall be deaig-

nated _as_ the Senior Magistrale and not less than one
shall be a woman: and every such Bench shall have the

powers conferred by the Code of' Criminal Procedure, 5of1958.
1898, on a Magistrate of the First Class.

Proc~dure, 6. (1) In the event of any difference of opinion among

etc._, m rela · the members of a Board or among the Magistrates of

Boards tion and to a Ch'ld 1 ren s ' C ourt, t e h op1111on · · o t e maJOr1ty s a f h            - · h 11

Children's prevail, but where there is no such majority, the

Courts. opinion of the Chairman or of the Senior Magistrate,
as the case may be, shall prevail.

(2) A Board or Children's Court may act notwith-

standing the absence of any member of the Board or,
as the case may be, any Magistrate of the Children's
Court and no order made by the Board or Children's
Court shall be invalid by reason only of the absence
of any member or Magistrate, as the case may be,
during any stage of the proceeding.

(3J No person shllll be appointed as a mernbe1 of
the Board 01 as a Magistrate in the Children's Court
unless he has, in the opinion of the State Government
special knowledge of child psychology and child

welfari:.

7. (1) Where a Board or a Children's Court has been

constituted for any area, such Board or Court shall,
notwithstanding anything contained in any other law
for the time being in force but save as otherwise
expressly provided m this Act, have power to oeal
exclusively with all pro-.eedings under this Act
relating to ne~lected children cir delinquent children,
as the case may be.


-----

###### 69

(2) Where no Board or Children's Court has been
constituted for any a 1 ea, the powers conferred on the
Board or the Children's Court by or under this Act
1hall be exercised in that area, only by the following,
namely:         -

(a) the District Magistrate; or

(b)' the Subd ivisional Mag istrate ; or

(<') an y Magistra te of th e First Class.

(3 ) T he powers conferred on the Board or Chil·

dren's Court by c·r l\Dder this Act may also be
exercised by the High Court and the Court of Ses,ion,
when the proce.: ding comes before them in appeal,
revision or otherwise.

Proceaure 8. ( !) 'When any M agistrate not empowered _to_

t~ b~ fol~w- exercise the powers of a Board or a Child ren's Court

~istraie n~~ under th is :\ct is of opinion that a person brought
empowered be fo re him under any of the provisions of this Act
under this (otherwise than for th :'! purpose of ~ iving evidence) is a
Act. chil d, he shall rt cord such opinion a nd forward the
child and the record of th e procee ding to the
competent authority having j u.r i.sdiction over **the**
proceeding.

(2) The competent a uthority to which the pro.
ceeding is fo rwarded under sub-section ( 1) shall hold
the enq uiry as if the ch ild had originally been brought
before it.

c hi1dren'1 9. (I ) T he Sta te Government may establish and

Homes. maintain as m any Chilrlren's H omes as may be necl'S•

Sary for the reception of neglected children under _(_
this Act.

(2) Where the State Government is of opm10n

that any I nstitution other than an Institu tion esta·
blished und er sub-section (1 ) is fit fo r the reception
of tl1e neglected cbildrt:n to be sen t th t.re under th is
Act, it ni.ay certify such Institution as a Children's

H ome for the purposes of this Act.

(3) E \·ery Ch ildren's Home to which a neglected

child is sent und er this Act shall not only provide
th e child with accommodation, maintenance and faci li-
ties for education , protection-and pro rr: otion of healt 'i,
bu t a lso provide him with facilities for the develop•
ment ofhis cha1ac ter and abi lities and give him

necessary tr aining fo r protect ing himself against mor;,.l
dangers or exploitation mid shall also perform such
other functions as may be prescribed,


-----

**(4)** The State Government may, by rules made
under this Act, provide for the management of Chil-
dren's Homes and the circumstances under which, and ·

the mann er in which, the certificate of a Children's
Home may be granted or withdrawn.

Special 10. ll) The State Government may establish and
Rchoola. maintain as manv Special Scho ols as may be necessary

for the reception of delinquent children under this

Acf,

(2) Where the State Government is of opinion

. that any Instituti on other than an Institution e~ta·

bfoh ed under sub-section (1) is fit for the reception
of the delinquent children to be sent there under this
Act, it may certify such Institu.tion as a Special School
for the purposes of this Act.

(3) Every Special School to which a delinquent
child is sent under th is Act shall not only provide the
child with accom moda tion, m>intenance and facili-

ties for the ed ucati0n, pr0 tec1ion and promotion of
health Liut also provide him with facilities for the
developm ent of his character and &bilities and give
him neces ~ary training for his reformation and shall

.i.lso perform such uth er functions as may be pres·
cribed.

(4) The State Government may, by rules made

under this Act, pr ovide for the management of Spe·
cial Schools and the circumstance> under which,
and the manner in which, the certificate of a Special
School 'llay be granted or withdrawn.

< > Lservation 11. ( l) The State G 0vernment niay establish and

11omes. maintain as m 1ny Obse rvation Homes as may be
necessary for the te mporary reception of children

during the pc:ndency of any inquiry regarding them
under this Act.

(2) Where the State Government is of opinion

that any inslitutiun other than an instit1ition e~tabli­

shed uncler sub -sectim (l ) is fit for the temporary
reception of children during the pendency of any
inquiry regarding them und er this Act, it may recog·

nise such institution as an Observation Hcrr;e for
the purposes of this Act.

(3) Every Observation Home to which a child
is sent under this Act, shall net onl y provide the child
with accommodation, mai11tenance and facilities ior
medical examinati cn and t reatm ent, bu t also PNvide
him with facilities for usefol occupation.

( 4.) Th e State Government may, by rules made

**\IDder** _ ~his Act, provide for the management of


-----

###### 7i

Observation Homes and the circumstances under
whichand the manner in which, an institution may
be recognised as an Observation Home or the recogni-

tion may be withdrawn.

After-Care 12. (1) The State Government may, by rules made

Organ i sa- under this P.ct, provide for the establishment or re·
tion.

cognition of After-care Organisatious and may vest
them with such powers as may be necessary for effec·
tively carrying out their func tions under this Act.

(2) Every such organis :i tion shall take care of
the children when t hey leave Children's Homes or ·
Special Schools and shall, for the purpose of enabling
them to lead an honest, industrious and useful life,
take all such measures as it may deem necessary or as
may be prescribed.-

###### ..

**CHAPTER** III
###### NEGLECTED CHILDREN

Production 13. (1) If any police offi cer or any other person
of ne~Iect- authorised bv th,; State Government in this behalf,
ed children b l       -       - 1 d       - f       - · }
b e f 0 e y genera or spec1a or er, 1s o op1mon t 1at a person

Board;, is apparently a neglected child, such police officer or
other person may take charge of tint person for bring•
ing him before a Board.
(2) When information is given to an officer-in·

charge of a police station about any neglected child
found within the limits of such station , he ~ ha II enter
in a book to be kept for th~ 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 to the Board.

(3) Every child taken charge of under sub-sec·

tion (1) shall be brought before the Board within a
period of twenty-four hours of such charge taken
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 ( J) shall unless he is kept with his parent or
guardian, be sent to an Observation Horne (but no't

rn a police station or jail) until he can be brought
before a Board.

Spedcial probe· 14. (1) If a person, who fo the opinion of the
cc ure to 1· ffi h h . d . 1 d
fo 1 low e d po ice o cer or t e aut onse person 1s neg ecte

when neg- child, has a parent or guardian who has the actual

lected child charge of, or control over the child, the police officer
has parent. or the auth01ised person may, instead of taking charge

of the child, make a report to the Board for initia~ing

###### an inquiry regarding that child,


-----

(2) On receipt of a report under sub-section

ll), the Board may call upon tbe parent or guardian
to produce the child before it and to show cause why
the child should not be dealt with as a neglected child
under the provisions of this Acl and i,f it appears to the
Board that the child is likely 10 be removed from its

jurisdiction or to be concealed, it may immediately
order his removal (if necessary by issuing a search
warrant for the immediate production of the child)

to an Observation Home.

Inquiry by
Board re- 15. ( 1) When a person alleged to be a neglected child

garding n~g- is produced before a Buard, it shall exam.ine the

~cted chi!- police officer or the authorised person who brought

ren. the child or made the report and record the substance

of surh examination and hold the inquiry in the
prescribed manner and may make such orders in
relation to the child as it may deem fit.

(2) Where a Board is satisfied on inquiry that a

child is a neglected child and that it is expedient so to
deal with !tim, the Board may make an order

directing the child to be sent to a Children's Home
for the period until he ceases to be a child :

Provided that the Board may, for reason to be

recorded, extends the period of such stay, but in no
case the period of stay shall be extended beyond

the time when the child attains the age of eighteen
years, in the case of a boy, or twenty years, in the
case of a girl:

Provided further that the Board may, if it is

satisfied that having regard to the circumstances of
the case it is expedient so to do, for reasons to be
recorded, reduce the period of stay to such period
as it thinks fit.

(S) During the pendency of any inquiry regarding

a child, the child shall, unless he is kept with his
parent or guardian, be sent to an Obsenation Home
for such period as may b:: specified in the order of the
Board:             -

Provided that no child shall be kept with his pareflt

Or guardian, if, m the opinion of the Board, such
parent or guardian is unfit to exercise or does not
exercise proper care and control over the child.

c~!':ft n::. 16.-(1) If t~ e Board so thinks fit, it may, instead 0 (

lected child making an order under sub-section _(2)_ of section 15

to suitable for sending the child to a Children's Home, make

~ustody. an ordev placing the child under the care of a


-----

73

p!!rent, guardian or other fit person, on such parent,
guardian or fit permn executi ng a bond witl:l ~ or
without surety to be responsible for the good
behaviour and well-being of the child and for the
observance of such condition as the Board may think
fit to impose.

(2) At the time of making an order under sub-

section (1 l or at any time su bsequently, the Board may,
in adoition make an order th at the child be placed
under supervision for any period not exceeding three

years in the first instance.

(3) Notwithstanding anything contained in sub-

section _( 1)_ or "" i '.section (2), if at any time it
appears to the Board, on receivin g 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
inquiry as it deem fit, order the child to be sent
to a Children's Home.

Uncontrol- 17. Where a parent or guardian of a child com-

able children plains to the Hoard that he is not able to exercise

proper care and control over the child and the .Board
is satisfied on inquiry th at proceedings under this
Act should be initiated regarding the child, it may
sent the child to an Observation Home and make
such further inquiry as it may deem fit and the pro·
vision$ of section 15 and section 16 shall, as far as may _e_

be, apply to such proceedings.

**CHAPTER** **IV**

###### DELINQUENT CHILDREN

Bail and 18. ( 1) When any person accused of a bailable or
custodv of non-bailable offence and apparently a child is arrested
children. .or detained or appears or is brought before a
Children's Court, such person shall, notwithstanding
anything contained in the Code of Criminal
Procedure, 1898, or in any other law for the 5 of 1898
time being in force, be released on bail 'A-ith or with-
out surety but he shall not be so released if there
appears reasonable grounfls for believing that the
release is likely to bring him into association with any
reputed criminal or expose him to moral danger or
that his release would defeat the ends of justice.

(2) When such person having been arrested is

not released on bail under sub-section (I ) by the
Officer-in-charge of tht> Police Station, such officer
shall cause him to be kept in an Observation Home
in the prescribed manner (fiut not in a P.olice Station
or Jail) until he ran be brought before a Children's
###### Oourte


-----

(3) When such person is not released on bail
under sub-section (I) by the Children's 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 inquiry regarding him as

may be ~pecified in the order.

Informa. 19. Wh ere a child is arrested the Officer-in-charge
tion to pa- of the Police Station to which the child is brought

1 e ndt. 0 r shall, as soon as may be after the arrest, inform-
guar 1an or
probation

officer. (a) The parent or gc1ardian of the child, if he
can be found, of such arrest and direct
him to be present at the Children's Court
before which the child will appear ; and

(b) the probation officer of such arrest in order

to enable him to obtain information

regarding the antecedents and family
history of the child and other material
circumstancts likely to be of assistance to
the Children':> Court for making the
enquiry.

Inquiry by 20. Where a child having been charged with an
Childre n' [5 ] offence appears or is produced before a Children's

~i~~rt ~~~;~."Court, the Children's Court shall hold the enquiry in
quent chil- accordance with the provisior.s of section 39 and may,

drca. subject to the provisions of this Act, make such order
in relation to the child as it deems fit.

Orders that 21. (1) Where a Children's Court is satisfied on
be p~sed re- inquiry that a child has committed an offence, then,

g.ardmg dhe~

lmquent c 1 1 •• [notwithstandin]h [g ]1 [anything ]r h [to ]· [the ]b · [contrary ]· [contained ]r h
dr.a m any ot er aw 1or t e time em,g m 1orce, t e

            - Children's Court may, if it so thinks fit-

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

(b) dll'ect.the child to be released on probation
of good conduct anci placed under the care
of any parent, guardian or other fit person
on such parent, guardian or other fit person
executing a bond, with or without surety
as that court may uquire, for the good

behaviour and well-being of the child for

.any period not exceeding three years ;
(c) make an order directing the child to be

sent to a Special School-

(i) in the case of a boy over fourteen years
of age or of a girl over sixteen years
of age, for period not le~s than three

years;

(ii) in the case of any other child, for the

p~riod until he ceases to be a child;


-----

Provided that the Children's Court may, if it
is satisfied that having regard to the nature of
the offence and the circumstances of the case it is
expedient so to do, for reasons to be recorded,

reduce the period of stay to such period as it
thinks fit:
Provided further that the Children's Court may,
for reasons to be recorded, extend the period of
such stay, but in no case the period C'f st<1.y shall
ext end beyond the time when child attains the
age of eighteen years, in the case of a boy, or

twenty years, in the case of a girl;

(d) order the child to pay a fine if he is

over fourteen years ot age and earn

money.

(2) Where an order unde r clause (b) or clause ( d)
cf sub-section (1) is made, the Children's Court

may, if it is of opinion that in the interest of the
ch ild and of public it i§ expedient so to do, in

addition to _m ? ke_ an order that the delinquent child
shall remain under the supervision of a probation
Officer named in the order during m ch i:eriad,

not exceeding three years as may be specified

therein, and may in such supervision order impose
such conditions as it deems necessary for the due
sur ervision of the delinquent child :

# -

Provided that if at any tim~ afte rwards it
appears to the Children's Court on receiving a
report from the Probation Officer or otherwise,

that foe delinquent child has not been of good

behaviour dud ng the period of supervision, it may,
after making such enquiry as it deems fit, order

the delinquent child to be             - sent to a Special

School.

(3) The Chi;dren's Court making a supervision

order under section ( 2) shall explain to the child and
the parent, gua1dian or other fit person as the

c.qse may be, under whose care the ( hild has
been plaud, the t< rms and conditions of the order
and shall fo rthwith foroish one copy of the super-
vision order to the child, the pa1 ent. guard ian or

other fit person, as the case may be, the sureties,
if any, under Probation O fficer.

(4) In determining the Special School, or any
person to whose custody a ch ild is to be committed
or entrusted und er this Act, the court shall pay
due reg ard to the religious denominatian of the
child to ensure that rel igious instruction contrary
to 1 he rdigious persuasion Qf the; child is not

Imparted to him .

### •


-----

###### 76

Orders that 22. (1) Notwithstanding anythiilg to the contra•

may not be ry contained in any other Jaw for the time being

paas~edt gains d 1. e in- in force, d h no d. elinquent · child shall · be d sentenced ·
quent chi!- to eat or 1mpr1sonment, or comm1tte to prison

dren. in default of payment of fine or in default of
furnishing :security:

Provider! that where a child who has attained the

age of fourteen years has committed an offence

and the Children's Court is satisfied that the offence

committee! is of so serious a nature or that his conduct
and behaviour have been such that it would not be
in his interest or in tni:: interest of other children in a
Special School to send him to such Special School and
that none of the other measures provicled under this
Act is suitable or sufficient, the Children's Court may
order the delinquent child to be kept in safe custody

in such place and manller as it thinks fit and shall

report the case for the orders of the State Government.

(2) On receipt of the report from Children's Court

under sub-section (1) the State Government may make
such arrangement in respect of the child as it deems
proper and may order such delinquent child to be de-
tained at such place and on such conditions as it
thinks fit:

Provided that the period of detention so ordered

shall not exceed the maximum period of imprison-
men t to which the child could have been sentenced
for the offence committed.             -

Proceeding 23. Notwithsta nding anything to the contrary con-
under Chap. tained in the Code of Criminal · Procedure, 1898 5 of 1898
the ter VIII Criminal of no procee d' mg s a h ll b · e mst1tute • d an d no or d er

Procedure shall be Passed against a child un ~er Chapter VIII of
Code not Criminal Procedure Code, 1898, by the said court.
competent
against child.

NoJom ttrial 24.(1) Notwithstanding anything contained in sec-
ofchiid and tion 239 of the Code of Crim:nal Procedure, 1898, 5of1898

pe~son not a or any other Jaw for th r time being in force,
child. no child shall be charged with or tried for any offence
together with person who is not a child.

(2) If a child is accused of an offence for which
under section 239 of the Code of Criminal Procedure,
1898, or any other law for the time being 5 of 1898
in force, such child and any person who is not a
child would . but for the prohibition contained in sub-
!lection (1), have been charged and rited together, the
court taking cognisance of that offence shall direct se-
parate trials of the child and the other person.


-----

~emov~I of 25. Notwithstanding anything contained in any

d:[1]squahfica- other law, a child who has q,ommitted        - n offence and
tlon ching to con• atta- h as een b d ea ] t -:v1t · l 1 ~n d e~ t h ~ prov1s10ns o · · f ! h' is A ct

viction. shall not suffer d1squahficat10n, 1f any, attachmg to a
conviction of an offence under such 1aw.

Sp~ci:.~ pro- 26. Notwithstanding anything contained in this

vision 1ding pect o eases. m pen· res· Act, all proceedings in respect any court 10 . any area on t e h d ate of on a child w h 1c · h pending t h is · " .~ct in

1[omes in to force ] [in ] [that ] [area, ] [shall be ] [continued ][in ]
that court as if this Act had not been passed and if
the court finds that the child has committed an offence,
it shall record such finding and, instead of passing
any sentence in respect of the .:hild, forward the child
to the Children's Court, which shall pass or:lers in res·
pect of that child in accordance with the provisions
of this Act as if it had been satisfied _on inquiry under
this Act that the child has committed the offence.

**CHAPTER V**

PROCEDURE OF COMPETENT AUTHORI-

TIES GENERALLY _ANV_ APPEALS AND

REVISION FR0\1 ORDERS OF SUCH

COURTS

<;!'                    -                    -

of~~~~~,~~d 27 .( l) A Board or Children's Court shall hold its

Children's sittings at such place on such day and in such manner,

        - Court. as may be prescribed.

(2) A Magistrate empowered to exercise the
powers of a Board or, as the case may be, a Children's
Court under sub-section (2) of section 7 shall, while
holding any inquiry regarding a child und er this Act,
as far as practicable, sit in a bu ilding or roDm different
from that in which the ordinary sittings of civil and

.... .. criminal courts are held, or on different days or

at times different from those at which the ordinary
sittings of such courts are held.

Persons who 28.( l) Save as provided in this Act, no person
may b~ pre- shall ht: present at any sitting of a competent

sent oefore authority e:,cept-
competent '

authority.
(a) any [officer ] of the competent authority,
or (b) the parties to the inquiry before
the competent authority, the parent or
guardian of the child and other persons
directly concerned in the inquiry includ-
ing police _officers, and

                                                                                                            -


-----

(c) such other persons as the competent

authority may permit to be present.

(2) Notwithstanding anything contained in sub-

section (1), if at any stage during an inquiry, a
competent authority considers it to be expedient in
the interest of the child or on grounds of decency
or morality tha~ any person including the Police
Officers, legal practitioners, the parent, guardian or
the child himself should withdraw, the competent
authority may give such directirm, and if any

person refuses to comply with such direction, the

competent authority may have him removea ai1d

may, for this purpose, cause to be used such force
as may be n.-;cessary.

(3) No legal practitioner shall be entitled to appear

before a competent authority in any case or pro-
ceeding before it, except with the special per·

mission of tha~ authority.

Attendance 29. Any competent autho rity before which a child

of padr~nt orf is brought under any of the provisions of this Act
guar 1an o . h' k .
child. may, whenever 1t so t in s fit, reqmre any parent

or guardian having the actual charge of, or con-

trol over, the child to be present at any proceed-

ings in respect of the child.

Dispensing

with atten- 30. If, at any stage during the course of an
dance of inquiry, a competent authority is satisfied that the
child. attendance of the child is not essential for the

purpose of the iuqu'iry, the competen t authority

may dispense with his attendance and proceed
with the inquiry in the absence of the child.

Committal 31.(1) When a child who has been brought
to approved before a competent authority under this l\.ct is
place of f d b tr           - f d'           - ·
child suffer- oun to e suuenng rom a 1sease req uirmg pro-
ing from longed medical ueatmen 1. or physical or mental

d'.lngerous complaint that will respond to treatment, the com-

~hseasfie and petent authority may send the child to any place
its uture . d 1               -
disposal. recogmsed to be an approve p ace in accordance
with the rules made under this Act for such period
as it may think necessary for the required treat-

ment.

(2) Where a chil:l is found to be suffering from

leprosy or is of unsound mind , he shall be dealt
with und er the provisions of the Lepers Act, 1898 3 [of ] [iurn ]

or the Indian Lunacy Act, 1912 as the case may be. 4 of 1'112

(3) Where a competent authority has taken action
under sub-section (1) in the: case of a child suffering
from an infectious or contagious disease, the com-
petent aw hority before restoring the said child to


-----

##### -n

his partner in marriage, if there has been

such, or to the guard ian, as the case may

be shall where it is satisfied that such action
will be in the interest of the said child call
upon his partner in marriage or the guardian,

as the case may be, to satisfy the court by sub-

mitting _w_ medical examination that such partner
or guardian will not re-infect the child in respect
of whom the order has been passed.

Presumption 32.(1) Where it appears to a competent autho-

ai:id d_eter- rity that a person brought before it under any of the

:;n~ation of provisions of this Act (otherwise than for the purpose

g • of giving evidence) is a child, the competent autho-
rity shall make due inquiry as to the age of that
person and for that purpose shall take such evidence
as may be necessary and shall record a finding

., whether the pers1in 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 r es pect 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.

Circumstan- 33. In making any order in respect of a child
ces to be under this Act a competent authority shall take
taken. into into consideration the following circumstances,
considera-

tion in ma- namely:-
king orders

under the (a) the age of the child J

Act.

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

(c) the reports made by the probation
officers ; ·

(d) the religious persuasion of the child;

(e) such other circumstances as may, in the
opinion of the competent authority require
to be taken into consideration in the
interests of the child:

Provided that in the case of a delinquent child,
the above circumstances shall be taken into con-
sideration after the Children's Court has recorded a
finding against the child that he has committed the
offence:


-----

Provided further that if no report of the probation
officer is received within ten weeks of his being
informed lmder section -19, it shall be open to the
Children's Court to proc ~ ed without it.

Se~ding a 34.. In the case of a neglected or delinquent child

c~dild . o•~t- whose ordinary place of residence lies outside the

Sl C JUrlS-           -           -           -           -           -
diction. JUr1sd1ction of the competent authority before
which he is brought, the competent authority
may, if satisfied after due -inquiry that it is
expedient so to do, send the child back to a relative or
other persons who is fit and willing to receive him
at his ordinary place of residence and exercise
proper care and control over him, notwithstanding

that such place of residence is outside the j urisdic-
tion of the competent authority; and the competent
authority exercising jurisdiction over the place to
which the child is sent shall in respect of any matter
arising subsequ~ntly have the same power in relation
to the child as if the original order has heen j passed
by itself.

Reports to 3!>. The report of the probation officer or any

ue treat~d circumstances· considered by the competent authority

~~nti~l~n          - under section 33 shall be treated as confidential :

Provided that the competent authority may, if it
so thinks fit, communicate the substance thereof to
the child or his parent or guardian and may give
such child, parent or guardian an opportunity of
producing such evidence as may be relevant to the
matter stated in the report.

Prohibition . 36.(1) No report in any newspaper, magazine or

o_f publica- news, sheet of any inquiry regarding a child under

uon of this Act shall disclose the name, address or school or

~rcli~iJ:~~ any other particulars calculated to lead to the identi-
involved in fication of the child, nor shall any picture of any
any procee· such child be published:
ding under
the Act. Provided that for reasons t() be recorded in writing

the authority holding the inquiry may permit, such
disclosure. if in its opinion such disclosure is in the
interest of the child.

{2) Any person contravening the provisions of

subasection (1) shall be punishable with fine which
may extend to one thousand rupees.

Appeals. 37. (I) Subject to the provisions of this section,

any person aggrieved by an order made by a compe-
tent authority under this Act may, within thirty days
from the date of such order, prefer an appeal to the

Court of Session :


-----

81

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
Children's 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.

Revision. 38. The High Court may, at any time either on
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 prejudicial to any person
without giving him a reasonable opportunity of being
heard.

Procedure 39. (1) Save as otherwise expressly provided by
in inquiries, this Act, a competent authority while holding any

app.~ls and inquiry under any of the provisions of this Act, shall
revd!on pro- follow such procedure as may be prescribed and subject
cee ings. thereto, shall foUow, as far as may be, the procedure

laid down in the Code of Criminal Procedure, 1898, 5 of 1898,
for trials in summons cases.

(2) Save as otherwise expressly 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 provi- 5 of 1898,
sions of the Code of Criminal Procedure, 1898.

Power to 40. (I) Without prejudice to the prov!Slons for
amend
orders. appeal and revision under this Act, any competent

authority may, either on its own motion or on an
application received in this behalf, amend any order
as to the institution to which a child is to be sent or as
to the person under whose care or supervision a child
is to be placed under this Act.


-----

###### 82

(2) Clerical mi<1take in order passed by a compe·

tent authority or errors arising therein from any
zccidental slip or ommission may, at any time, be
corrected by the competent authority either on its own
motion or on a11 applicatiori received on Lhis behalf:

**CHAPTER VI**

SPECIAL OFFENCES IN RESPECT OF

CHILDREN

Punishment 41. (1) Whoever, having the actual charge of, or

r~~ c~~ffd:' control over, a child, ass'tults, abandons, exposes or

wilfully neglects the child or cause or procure~ him
to be assaulted, abandoned, exposed or neglected
in a manner likely to cause such child un-

necessary mental and physical suftering shall be
punishable with imprisonment for a term which may
extend to six months, or with fine, or with both.

\2) No court shall take , cognisance of an offence
punishable under sub-section **(1)** unless the complaint
is filed with the previous sanction of the State Gov-
vernment or an Officer authorised hy the State

Government in his behalf.

Emplo7ment 42.(1) Whoever employ or uses any child for the

of chil~reu ourposes of begging or causes any child to beg shall

for begging. ,b . h bl . h . . _c-_ h' h
e pums a e wit imprisonment 1or a term w 1c

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

(3) The offence punishable under this section

shall be cognizable.

P~D;alty for 43. Whoever gives, or causes to be given to

giv~ngt' m- any child any intoxicating liquor in a public place
tox1ca mg f
liquor or or any dangerous drug, except upon the order o a
dangerous . duly qualified medical practitioner or in case of

dr~g to a sickness or other urgent cause, shall be punishable
child. with fine which may eK1iend to two hundred rupees.

Exploitation 44. Whoever ostensibly procures a child for the

of c hi l d purpose of any employment and withholds the earnings
employees. of the child or uses such earnings for his own pur·
poses shall be punishable with fine which may ex-
tend to one thousand rupees.


-----

83

**CHAPTER VII**

MISCELLANEOUS

p 0 we r 45.(Ij The State Government may, notwith-
of St ate standing anything contained in this Act, at any time,

Gov~rnment order a neglected or delinquent child to be dis·

todditschar?e charged from the Children's Home or Special School,
an rans1er . . h d" · h
children.          - either abso ute1y 1 or on sue con 1t10ns as e may
think fit to impose.

(2) The State Government may, notwithstanding
anything contained in this Act, order-

**(a)** a neglected child to be transferred from
one Children's H ome to another;

(b) a delinquent child to be transferred from one
Special School to another or from a
Special School to a Borstal School where
such school exists or from a Special

School to a Children's Home ;

(c) a child who ha, been released on licence

which has bt>en revoked or forfeited, to
be 5ent to the Special School or Children's
Home from which he was released or to
any other Children's Home or Special
School or Borstal School :

Provided that the total period of the stay of

the child in a Children's Home or a Special School
shall not be increased by such transfer.

(3) The State Government may, notwithstanding
anything contained in this Act, at any time, dis-
charge a child from the care of any person under
whom he was placed under this Act either abso-
lutely or on such conditions as the State Govern-
ment may think fit to impose.

T ~ b 46.(l) The State Government may direct any neglec-

t~~~1~ c~~hil-· ted chilJ or delinquent child to be transfened from

~ . dren's Homesany Children's Home or Special School within the State

etc., , under to any other Children'5 Home, Special School or

tche. Adct ~nd Institution of a like nature in any other State with the
m 1 ren s . f h G S
Homes, etc., consent o t e overnment of that tate.

of like nature
in different
part of In-
dia.

**(2)** The State Government may, by general or

special order, provide for the reception in a Children's
Home or Special School within the State of a neglect-
ed child or delinquent child detained in a Children's


-----

Home or Special School or institution of a like nature
in any other State where the Government of that State
makes an order for such transfer and upon such transfer
the provisions of this Act shall apply to such child as if
he had been originally ordered to be sent to such Chil-
dren's Home or Special School under this Act.

47. (I) Where it appears to the State Government
Transfer of that any child kept in a Special School or Children's
children of Home in pursuance of this Act is suffering from
unsound
mind or leprosy or is of unsound mind, the State Government
suffering may order his removal to a leper asylum or mental
from lepro• hospital or other place of safe custody for being kept
sy. there for the remainder of the term for which he has
to be kept in custody under the orders of the compe-
tent authority or for such further period as may be
certified by a medical officer to be necessary for tbe
proper treatment of the child.

(2) Where it appears to the State Government that
the child is cured of leprosy or of unsoundness of mind,
he may, if the child is still liable to be kept in custody,
order the person having charged of the child to send
him to tbe Special School or Children's Home from
which he was removed or, if the child is no longer lia-
ble to be kept in custody order him to be discharged.

Placing out 48. ( 1) When a child ii. kept in a Children's Home
on Iicen•e. or Special School, the State Government may, if he
so thinks fit, release the child from the Children's
Home or Special School and grant him a written
licence for such period and on such C'Onditions M may
be specified in the licence permitting him to live

with, or under the supervision of, any responsible

person named in the licence willing to receive and
take charge of him with a view to educate him and
train him for some useful trade or calling.

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

(3) The State Government may, at any time, by
order in writing revoke any such licence and order
the child to return to the Children's Home or Special
School from which he was released or to any other
Children's Home or Special School, and shall do so at
the desire of the person with whom or under whose
supervision the child ha& been permitted to live in
accordance with a licence granted under sub-section (I).


-----

(4) When a licence has been revoked or forfeited

and the child refuses or fails to return to the Special
School or Children's Home to which he was directed so
to return, the State Government may, if necessary,
cause him to be taken charge of and to be taken back
to the Special School or Children's Home.

(5) T he time during which a child is absent from

111. Special School or Uhildren's Home in Pursuance of
a licence granted under this section shall be deemed
to be part of the time _fot_ which he is liable to be
kept iu custody in the Special School or Children's

Home :

Provided that when a child has failed to return to

the Special School or Children's Home on the licence
being revoked or forfeited, · the time which elapses
after hb failure s•J to return shall be excluded in

i:omputing the time during which he is liable to be
kept in custody.

Provision in 49. Notwithstanding anythiq to the contrary con-

respect oftained in any oth er law for the time being in force,
esc;aped any police officer may take charge without warrant

chil~ren. of a child who has escaped from a Special School or

a Child ren 's Hom e or from the care of a person under

whom he was placc>d under i:his Act and shall send

the child back to the Special School or the Children's
Home or chat person, as the case may be ; and no

proceeding shall be instituted in respect of the child
by reason of such escape but the Special School,

Children's Home or the person may, after giving the
information to the competent authority whicn passed
'. he ord er in respect of the child, take such steps
against rhe child as may be de~med necessary.

Contribution 50. (1) The competent authority which makes an

by parents.

order for sending a neglected child or a delinq uent

child to a Children's Home or a Special School or
placing the child under the care of a fit person may
make an order requiring the parent or other person
liable tu maintain the child to i:outribut ~. to his
maintenance, if able to do so, in the prescribed
manner.

(2) The compe tent authority befo1e making any

order under sub-section (1) shall inquire into the
circumstances of t he 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) The person liable to maintain a child shall,

fer the purposes of sub-section (1) 1 include in the
(:ase of illegitimacy, his putative father:


-----

86

Provided that where the child is illegitimate and an
order for his maintenance has been made under section

488 of the Code of Criminal Procedure, 1898 the 5of18~8
competent authority shall not ordinarily make an
order for contribution against the putative father,

but may order the whole or any part of the sums
accruing due under the said order for maintenance to
be paid to such person as may be named by the

competent authority and such sum shall be paid by

him towards the maintenance of the child.

(4) Any order made under this section may

be enforced \n the same manner a~ an order under s of 1898.
section 488 of the Code of Criminal Procedure,

1898.

          - Comrol of

51. (1) Any person in whose custody a child is

custodian

C>ver "'1\ld. placed in pursuance of this Act shall, while the

order is in force, have the like control over the
child as he would have if he were his Darent, and shall
be responsible for his maintenance, and the child
shall continue in his custody for the period stated
by the competent authority, notwithstanding that
he is claimed by hi1 parent or any other person :

Provided that no child while in such custody
shall be married except with the permission of
competent authority.

(2) The Statr, Governm~nt shall have tht>

power under the Guardian and Wards Act, 1890
to be an _ex-officio_ guardian within the meaning
of that Act in respect of the children under

bis care anr! shall have the right to apply to the

competent court for administration of the property

of the child. In case of a child without natural
guardian the jurisdiction of State Government as
guardian shall extend to the age of attaining majo-
rity in terms of the Guardian and \Vards Act.

~elinquent 52. In any area in which this Act is brought into
chtld under- c h S _n_            -
going senten- 1orce, t e tate ,,overnrnent may direct that a
ce at the delinquent child who is undergoing any ~entence of
commence- imprisonment at the commencement of this Act
ment of theshall in lieu of undergoing such sentence, be sent
Act. to a Special School or be kept in safe custody
in such place and manner as the State Government
thinks fit, for the remainder of the period of the
sentence; and the provisions of this Act shall apply
to the child as if he had been ordered hy a Children's
Court to be sent to such Sppcfril Sch.ool or, as
the case may be, ordered to be, ~etained uqder

sub-section (2) of section 22.                - · ·


-----

Appointment 53. (I) The State Government may a ppoint as

###### ,,f Officers. many probation officers, officer, for the inspection
of Special Schools, Children s Hornes, Observation

Homes, or After-care Organisations and such other
offic"rs as may deem necessary for carrying out the
i:;urposes of this Act.

(2) It shall be the duty of the probation offic.::r-

(a) to inquire, in accordance with the direc-
tion of a competent authority, into the

antecedents and family history of any child
accused of an offence with a view to assist
the authority in making t:he inquiry ;

(b) to visit, neglected and delinquent child-
ren at such intervals as the probaLion
officer may think fit ;

###### .. (c) to report to the competent authority as

to the behaviour of any neglected or

delinquent child ;

(d) to advise and assist neglected or delinquent
children and, if necessary, endeavour to
find them suitable employment ;

(e) where a neglected or delinqmmt child is

placed under the care of any person on
certain conditions to see whether such condi-
tions are being complied with ; and

(f) to perform such other duties as may be
prescribed.

(3) Any officer empowered in this behalf by

the State Government may enter any Special

School, Children's Home, Observation Home or
After-care Organisation and make a complete inspec·
tion thereof ia all its Departments and of all

_::_ papers, registers aqd accounts relating thereto and

shall submit the report of such inspection to the
State Government.

Officer ap- 54. Probation officers and other officers
poiated un- appointed in pursuance of this Act shall be deemed
debcthe btct to be public servants within the meaning of section

!~rvaii: ic 21 of the Indian Penal Code, 1860. 45 of 1860,

Procedur 55. The provisions of Chapter XLH of the Code
in respect of of Criminal Procedure, 1898, shall, as far as may be, 5 of 1898

bonds. apply to bonds taken under this Act.          -


-----

Delegation 56. The State Government, may, by general o.
of power.

special order, direct that any power exercisable by
him under this Act shalJ., in such circumstances and
under such conditions, if any, as may be specified in

the ord~r, be exercisable also by an officer subordi-
nate to the State Government.

. f 57. No suit or other legal proceeding shall lie
Protection o taken agamst · t h e S tate G overnment or any pro h · ation o cer ffi.

in a c ion good t [• ] faith.or ot h er o ffi cer appomte • d un d er t h" 1s Act In ' respect
of anything which is in good faith done or mtended
to be done in pursuance of this Act or of any rules
or orders made thereunder.

A t 8 f 1897 58 ( l) The Reformatory Schools Act, 1897 and 8 of 1897

~d c~rtain section 29B and section 399 of the Code of Criminal

provisions Procedure, 1898 shall cease to apply to any area in 5 of 1898
of Act 5 of which this Act has been brought into force.

1898 not to
apply.
l2) The Qrphanages and other Charitable

Homes (Supervision and Control) Act, 1960, shall not 10 of 1960
apply to any Children's Home, Special School or
Observation Home established and maintained under
this Act.

Powert:i 59.(1) The State Government may, by notification

make rules. in the Official Gazette, make rules to carry out the
purposes of this Act.

(2) In pa rticular, and without prejudice to

the generality of the foregoing power, such rules may
provide for all or any of the following matter,
###### namely:-

(a-) tht: places at which, the days on which,

the time at which and the manner in
which, a competent :authority may hold
its sittings;

(b) the procedure to be followed by a compe·

tent authority in holding inquiries under
this Act; and the · mode of dealing with
children suffering from dangerous
diseases or mental complaints;

(c) the circtlillstances in which, and the condi-

tions subject to which an institution may
be certified as a Special School or a

Children's Hom1., or recognised as a11
Observation Home, and the certification or

recognition withdrawn;

(cl) the internal management of Special Schools,

Children's Home and Observation Homes;


-----

(e) the functions and responsibilities of Special

Schools, Children's Home and Observa-

tion Homes;

(I ) the i:-.spection of Special Schools, Children's

Homes, Observation Homes and After-care
Organisations;

(g) the establishment,..management and functions

of After-care Orgaaisations; the circum-

~tances in which and the conditions sub-

ject to which, an institution may be re-

cognised as an After-care Organisatio!l;

(h) the qualifications and duties of probation
officers;

;t) the recruitment and training of persons ap-
pointed to carry out the purposes of this
Act a na the terms and conditions of their

service;

(j) the conditions subject to which a girl who is
a neglected or delinquent child may be
escorted from one place to another, and
the manner in which a child may be sent
outside the jurisdiction of a competent
authority;

(k) the manner in which contribution for the

maintenance of a child may be ordered
to be paid by a parent or guardian;

~ll the conditions under which a child may be

placed out on licence and the form and
conditions of such licencei

the conditions subject to which! children may
be placed under the care of any parent,
guardian or other fit person under this

Act and the obligations of such persons
towards the children so placed;

(n) any other matter which has to be, or may be
prescribed.

(3) Every rule made under this section shall be

laid as soen as may be after it is m ade, before the

Assam Legislative Assembly while it ia 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 sessions immediately following, the Assam Legisla·
tive Assembly agree in making any modification in the

rule or the Assam Legislative Assembly agree that th!!
rule should not be made, the rule sna!l be thereafter
have effect only in such modified form or be of no effect
as the case may be, so however, that any such modi-
fication or annulment shall be without prejudice to
the validity of anything previcusly d,:me under that

rule.

R 60.(1) Immediately before thedate on which this
1
#### !!I ea Act comes into force in any area, there is in force in
Savings. that area, any law corresponding to this Act that law
shall stand repealed on the said date:

Provided that the repeal shall not affect-

<a) the previous operation of any law so repealed

or anything duly done or ~ uffered thereun-
der; or

(b) any right, privilege, obligation or liability
acquired, accrued or incurred under _any_

law so repealed; or

{c) any investigation, legal proceeding or remedy

in respect of any such right, privilege, ebliga-

tion, liability, pena!ty, forfeiture or punish-
ment as aforesaid;

any penalty, forfeiture or punishment in res-

pect of any offence committed against any
law so repealed; and any such investigation
legal prnceeding or remedy may be instituted
continued or enforced and any such penalty,
forfeiture or punishment may be imposed,
as if this Act has not been passed.

(2) With the coming into force of Assam Children
Act, the Assam Borstill Institution Act will stand
modified to the extent that it will apply to boys above

th~ age of 16 years and girls above the age of 18
y-ean,


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