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Bombay Children Act, 1948, (Maharashtra) Section 109 - Bare Act

StateMaharashtra Government
Year
Section Title Rules
Act Info:

(1) The 1[State] Government may make rules for carrying out 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 juvenile courts and other courts empowered to exercise the powers of juvenile courts under section 8 in the trial of cases and the conduct of proceedings under the Act :

(b) the places at which days and the manner in which a juvenile court shall hold its sittings under sub-section (1) of section 12;

(c) the conditions subject to which institutions and associations shall be recognised as approved places for the purpose of sub-section (1) of section 20;

(d) the establishment or certification, management, maintenance, records and accounts of 2[Approved Centres and Approved Institutions]; the education and industrial training of inmates in such institution, and their leave of absence; the appointment of visitors and their tenure of office: the inspection of 3[such and other institutions] for the reception of 4[x x x] children; and the internal management and discipline of 5[the aforesaid institution] and release on licence of inmates therein;

6[(e) the conditions under which any private industrial school or other educational institution may be recognised by the State Government as an Approved Institution under sub-section (2) of section 25;

(e-i) the manner in which the State Government may establish and maintain Classifying Centres under section 27;

(e-ii) the manner in which the management of institutions referred to in sub-section (3) of section 31 may be taken over by the State Government;]

(f) the powers and duties of 7[Director (Child Welfare), Deputy Director (Child Welfare), Assistant Director (Child Welfare), Inspecting Officers (Child Welfare) and Child Welfare Officers (Probation)] under section 39;

(g) the recruitment and training of personnel responsible for work under the Act;

(h) the conditions in which societies may be recognised by the 8[State] Government for providing 9[Child Welfare Officers (Probation)] their employment and matters incidental to their appointment, authorisation, resignation and removal and remuneration and expenses payable to them;

(i) the manner of authorising persons for the purposes of sections 40 and 78;

(j) the manner in which a child or youthful offender shall be sent back to his native place under sections 46 and 73;

(k) the manner in which children shall be detained in custody by officers in-charge of police stations or sections under sub-section (1) and the manner in which children shall be ordered to be detained by courts under sub-section (2) of section 65;

(l) the manner in which a child shall be ordered to be committed to 10[a Classifying Centre] or to the care of a relative or other fit person under clauses (a) and (b) of, and the form of bond under the proviso to, section 81;

11[(m) * * *]

(n) the manner in which contribution for the maintenance of a child may be ordered to be paid under sub-section (1) of section 90;

(o) the conditions under which a child may be released from 12[an Approved Centre or Approved Institution] on licence and the form and conditions of such licence under sub-section (1) of section 92;

13[(o-i) the manner in which a child shall be sent to an Observation Home or an Approved Centre or Institution under section 105;]

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

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

(3) The power to make rules under this Act shall be subject to the condition of previous publication.

(4) The rules made under this Act shall be published in the Official Gazette and on such publication shall have effect as if enacted in this Act.

14[(5) 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 thirty 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 both Houses agree that the rule should not be made, the rule shall from the date of publication of a notification in the Official Gazette of such decision, have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under the rule.

_________________

1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order. 1950.

2. These words were substituted for the words "Certified Schools" by Mah. 54 of 1975, section 60(1)(a).

3. These words were substituted for the words "such certified schools and other Institutions", ibid., section 60(1)(b).

4. The word "poor" was deleted by Bom. 53 of 1949, section 2, First Schedule.

5. These words were substituted for the words "schools either established or certified by the State Government" by Mah. 54 of 1975, section 60(1)(c).

6. These clauses were substituted for clause (e), ibid., section 60(2).

7. These words and brackets were substituted for the words "Chief Inspector, Inspectors and Assistant Inspectors of certified schools and Probation Officers" by Mah. 54 of 1975, section 60(3).

8. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

9. These words and brackets were substituted for the words "Probation Officers" by Mah. 54 of 1975, section 60(4).

10. These words were substituted for the words "a certified school or fit person institution", ibid., section 60(5).

11. Clause (m) was deleted, ibid., section 60(6).

12. These words were substituted for the words "a certified school or fit person institution" by Mah. 54 of 1975, section 60(7).

13. Clause (o-i) was inserted, ibid., section 60(8).

14. Sub-section (5) was inserted by Mah. 38 of 1963, section 10.



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