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Bombay Children Act, 1948, (Maharashtra) Section 26

Title: Declaration of Places as Observation Homes

State: Maharashtra

Year: 1948

Declaration of places as 1[Observation Homes] The 2[State] Government may by notification in the Official Gazette, declare any particular place as 3[an Observation Home] for the purposes of this Act. _____________________ 1. These words were substituted for the words "Remand Homes", ibid., section 12(2). 2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 3. These words were substituted for the words "a remand home" by Mah. 54 of 1975, section 12(1).

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Bombay Children Act, 1948, (Maharashtra) Section 105

Title: Power to Send Child to Observation Home, Etc., when It is Committed to Classifying Centre Under Act

State: Maharashtra

Year: 1948

1[Whenever under any of the provisions of this Act, it is provided that a child shall be committed to a Classifying Centre, then such child shall subsequently be sent in the prescribed manner to an Observation Home or an Approved Centre or Institution according to the circumstances of each case and in the interest of the child : Provided that, for reasons to be recorded in writing, the child may, instead of being sent to a Classifying Centre, be ordered to be retained or sent to an Observation Home or may be sent to an Approved Centre or Approved Institution.] ____________________ 1. Section 105 was substituted, ibid., section 58.

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Bombay Children Act, 1948, (Maharashtra) Part III

Title: Approved Centres, Approved Institutions, Classifying Centres and Observation Homes

State: Maharashtra

Year: 1948

Part III APPROVED CENTRES, APPROVED INSTITUTIONS, CLASSIFYING CENTRES AND OBSERVATION HOMES

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Bombay Children Act, 1948 Complete Act

State: Maharashtra

Year: 1948

.....in22[an Approved Centre] and the reformatory school in which he is detained shall be deemed to be22[an Approved Centre] established under this Act and the provisions of this Act shall, so far as may be, apply in respect of such offender, accordingly. (3) The Women's and Children's Institutions (Licensing) Act, 1956, shall not apply to any industrial school established any industrial school or educational institution certified, any place declared as23[an Observation Home], any institution or association recognised as approved place [or Observation Home or Approved Institution ] under this Act.] PART 02: POWERS AND FUNCTIONS OF COURTS HAVING JURISDICTION UNDER THE ACT SECTION 07: JUVENILE COURTS For the purposes of this Act, the 24[State] Government may, by notification in the Official Gazette, establish one or more Juvenile Courts for any local area. SECTION 08: COURTS EMPOWERED TO EXERCISE POWERS OF JUVENILE COURTS The powers conferred upon a Juvenile Court under this Act shall, subject to the provisions thereof be also exercisable by the following Courts, whether trying any case originally, or on appeal or in revision, as the case may be ,- (a) the High Court, (b) a Court.....

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Bombay Children Act, 1948, (Maharashtra) Section 4

Title: Definitions

State: Maharashtra

Year: 1948

.....or any other institution under this Act; (a-2) 'After-care Home or Hostel' means an institution established and maintained or recognised under subsection (3) of section 25 of this Act; *(a-3) 'Approved Centre' means an industrial school or other educational institution established and maintained under sub-section (1) of section 25 of this Act; *(a-4) 'Approved Institution' means any industrial school or other educational institution recognised under subsection (2) of section 25 of this Act;] 2[(b) "begging" means begging as defined in the Bombay Prevention of Begging Act, 1959; (c) "brothel" means a brothel as defined in the Suppression of Immoral Traffic in Women and Girls Act, 1956]; 3[(d) x x x] 4[(e) '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; NOTES It is for the Court to make a thorough inquiry into the age of the accused, who appeared to be a child and whose age is in question, and without putting the burden of proof on the prosecution, come to a finding that the accused has not attained the age of 16 years on the date of the offence.-State v. Dangaria Mahale, 1961 (1) Cr......

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Bombay Children Act, 1948, (Maharashtra) Section 9

Title: Powers of Juvenile Courts and Other Courts Mentioned in Section 8

State: Maharashtra

Year: 1948

.....Judicial Officer and labelling it as a juvenile court does not serve the requirement of the Statute. The Statutory Scheme contemplates a Judicial Officer of a different type with more sensitive approach oriented outlook. (F) The problem child, though negative factor, is a social responsibility. The society must devote full attention to ensure that children are properly cared for and brought up in a proper atmosphere where they could receive adequate training, education and guidance. (G) The Children's Aid Society, within the meaning of Article 12, is undoubtedly an instrumentality of the State. The Society has to regulate its activities not only in accordance with the statutory requirements but also act in a manner satisfying the requirements of the constitutional provisions of Articles 21 and 24 as also the directive principles of the State policy.-Sheela Barse v. The Secretary, Children Aid Society and others, AIR 1987 SC 656. _______________ 1. These words were substituted for the words "Save as otherwise provided in this Act" by Mah. 54 of 1975, section 5.

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Bombay Children Act, 1948, (Maharashtra) Section 31

Title: Power of State Government to Withdraw 2precognition and to Take over Management

State: Maharashtra

Year: 1948

.....the school" by Mah. 54 of 1975. section 14(1)(c). 6. These words were substituted for the words "of the certificate", ibid., section 14(1)(d). 7. These words were substituted for the words "the school shall cease to be a certified school", ibid., section 14(1)(e). 8. These words were substituted for the words "a certificate" by Mah. 54 of 1975. section 14(2)(a). 9. This word was substituted for the word "school", ibid., section 14(2)(b). 10. Sub-sections (3) to (6) were inserted, ibid., section 14(3). 11. This word, brackets and figures were substituted for the word, brackets and figure "or (2)" by Mah. 54 of 1975, section 14(4)(a). 12. This word was substituted for the word "school", ibid., section 14(4)(b). 13. This word was substituted for the word "certificate", ibid., section 14(4)(c). 14. These words were substituted for the words "as the case may be", ibid., section 14(4)(d).

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Bombay Children Act, 1948, (Maharashtra) Section 35

Title: Inspection of Approved Institutions, Etc.

State: Maharashtra

Year: 1948

.....or of any of the other institutions referred to in sub-section (1) or the accommodation for, or the treatment of, the children therein is unsatisfactory, it may cause to be served upon the person responsible for the management of the institution such general or specific direction with respect to the matters aforesaid or any of them as it thinks expedient for the welfare of the children in the institution.] (5) A direction under the foregoing sub-section may be varied by a subsequent direction or withdrawal by the 3[State] Government. (6) Where any such direction is not complied with, the District Magistrate in the mofussil of the Chief Presidency Magistrate in Greater Bombay may, on the complaint of any person appointed for the purpose by the 3[State] Government, cause a summons to be served upon the person in charge of the 4[institution referred to in sub-section (1)] and upon such other person as he may think fit and upon hearing the person summoned, may if he thinks fit, make an order for the removal of all children from the 5[said institution]. (7) The District Magistrate or the Chief Presidency Magistrate, as the case may be, may, if he thinks fit, order that the.....

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Bombay Children Act, 1948, (Maharashtra) Section 88

Title: Information to Child Welfare Officer (Probation) and Officer in

State: Maharashtra

Year: 1948

Information to 1[Child Welfare Officer (Probation)] and officer in-charge of 1[an Observation Home] by police or any person effecting arrest (1) It shall be duty of a police officer immediately after effecting the arrest of a child to inform a 2[Child Welfare Officer (Probation)] and officer in-charge of 3[an Observation Home] for the purpose stated in section 66. (2) It shall be the duty of any other person effecting such arrest to inform a 2[Child Welfare Officer (Probation) and officer in-change of 3[an Observation Home] for the like purpose as provided in section 66. (3) The juvenile court for the purpose of such inquiry may, remand the child even in his absence from time to time for a period of not more than fourteen days at a time until available information has been obtained. __________________ 1. These words and brackets were substituted for the words "Probation Officer" and "remand home" respectively by Mah. 11 of 1976. Second Schedule. 2. These words and brackets were substituted for the words "Probation Officer" by Mah. 54 of 1975, section 47(1). 3. These words were substituted for the words "a remand home", ibid., section 47(2).

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Bombay Children Act, 1948, (Maharashtra) Section 6

Title: Provisions of Act Viii of 1897, and of V of 1898 and of Cv of 1956 Not to Apply to Area in Which This Act is Brought into Operation or to Any Approved Centre Etc.

State: Maharashtra

Year: 1948

.....to apply to area in which this Act is brought into operation or to any 2[Approved Centre] etc. 3[(1)] The provisions of the Reformatory Schools Act, 1897, and of sections 29B and 399 of the Code of Criminal Procedure, 18984, shall cease to apply to any area in which Parts II to XI of this Act have been brought into operation. 3[(2) Any youthful offender detained in a reformatory school in any area in pursuance of an order made under the Reformatory Schools Act, 1897, who continues to be detained therein on the date on which that Act ceases to apply to such area shall, as from that date, be deemed to have been detained under an order made under this Act as if he had been originally ordered to be detained in 5[an Approved Centre] and the reformatory school in which he is detained shall be deemed to be 5[an Approved Centre] established under this Act and the provisions of this Act shall, so far as may be, apply in respect of such offender, accordingly. (3) The Women's and Children's Institutions (Licensing) Act, 1956, shall not apply to any industrial school established, any industrial school or educational institution certified, any place declared as 6[an Observation.....

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