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Assam (Management, Function and Responsibilities of Special School, Children's Home and Observations Homes) Rules, 1976


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In pursuance of the provisions of Rule 38 of the Assam Children, Rules, 1976, the Government of Assam hereby makes the following Rules:

CHAPTER I

  1. Short title.- These Rules may be called the Assam (Management, Functions and Responsibilities or Special Schools, Children's Homes and Observation Homes) Rules, 1976.
  2. Definitions.- In these Rules, unless the context otherwise requires-

(a) "Act" means the Assam Children Act, 1970;

(b) "Government" means the State Government, Assam;

(c) "Child Inspector" means the Chief Inspector for Special Schools, Children's Homes and Observation Homes appointed under Rule 3 of the Assam Children Rules, 1976:

(d) "Committee" means an Advisory Committee appointed under Rule 29 of these Rules:

(e) "Governing body" means a body of management required under sub-rule (2) of Rule 37 of the Assam Children Rules, 1976;

(f) "Institution" means a Children's Home, Special School or an Observation Home;

(g) "Section" means a section of the Act; and

(h) "Superintendent" means an person appointed as such for the control and management of any of the institutions referred to in sub-rule (1) of Rule 37 of the Assam Children Rules, 1976.

CHAPTER II

Control, Management, Functions and Responsibilities of Children's Homes Special Schools and Observation Homes Established and Maintained under Sub-Section (1) of Section 9, 10 or 11 of The Act

  1. Appointment of Superintendent.- For the control and management of an institution established and maintained by Government under Section 9, 10 or 11 a Superintendent shall be appointed in accordance with the recruitment rules framed by the State Government for the purpose.
  2. Superintendent to be subordinate to the Chief Inspector.- In all matters in respect of which he is not invested with sole authority the Superintendent shall be subordinate to and subject to the control of the Chief Inspector.
  3. Staff of the institution to be subordinate to the Superintendent.- The staff of the institutions shall be subject to the control of the Superintendent. The Superintendent shall by order determine their duties and shall keep the Chief Inspector informed of the orders made by him from time to time.
  4. Obligation to stay in quarters.- The Superintendent and such other staff as the Chief Inspector may determine shall life in the quarters provided for them.
  5. Duties of Superintendent.- The duties of the Superintendent shall be-

(a) to see that every inmate is being given education facilities for the development of his character and abilities and training as contemplated in the Act;

(b) to see that every member of the staff of the institution behaves with tact, patience and good temper;

(c) to be present or ensure that a member or the staff is present at the time of meals of the inmates;

(d) to acquaint himself with the conduct and character of every intimate, his progress in education, industrial or occupational training, and to supervise the conduct of the class rooms;

(e) to mix freely among the inmates, and to hear and attend to complaints of the inmates, if any, everyday;

(f) to see that every inmate is provided with product and separate clothing, bedding and utensils;

(g) to supervise the work entrusted to the staff appointed in the institution;

(h) to see that some responsible member of the staff is always present on the premises of the institution;

(i) to supervise the sleeping arrangements of the inmates in the dormitories at night personally or to depute one of his staff members for this work and to take occasional rounds at night; provided that in no case a male staff member shall be deputed for this duty in an institution for girls;

(j) to keep a care-taker or watchman on duty both by day and night in the institution who shall make a round of the institution at frequent intervals;

(k) to keep the keys of the dormitories in his quarters during the night which shall on no account be removed without his permission;

(l) to see that the children are not employed for personal work of any of the staff members;

(m) to see that the premises of the institution are kept properly cleaned; and

(n) to carry out such other functions as may be assigned to him by the Chief Inspector from time to time;

Provided that the provisions of Clauses (j) and (k) shall not apply-

(i) in the case of a Superintendent of an open institution for boys; and

(ii) in the case of a Superintendent of an open institution for girls if provision for posting a special guard during night is made at such institution.

Explanation. - In this rule "open institution" means an institution dormitories whereof are not locked.

  1. Superintendent to report important incidents.- The Superintendent shall immediately report-

(a) to the Chief Inspector, every case of-

(i) escape or recapture,

(ii) serious breach of the rules of the institution;

(iii) serious illness,

(iv) death, and

(v) outbreak of epidemic disease and measures taken to prevent its spread;

(b) to the authority under whose orders the child was kept in the institution, every case of death;

(c) to the police, every case of escape or recapture of an inmate; and

(d) to the parents or in the case of an inmate who is an orphan, to the near relatives of the inmates, every case of serious illness and death.

  1. Superintendent to maintain case registers.- The Superintendent shall maintain or arrange to be maintained individual case records of the inmates and such registers of admission, discharge, release on licence or otherwise and of accounts as may be specified by the Chief Inspector from time to time.
  2. Superintendent to invite tenders for supplies and to submit them to the Chief Inspector for approval.- The Superintendent shall invite tenders for supplies to the institution and submit them to the Chief Inspector for his approval subject to the administrative procedure and orders laid down by the State Government. He shall incur expenditure on food, clothing and other items according to the approved tenders and shall keep accounts thereof.
  3. Every Superintendent shall submit a detailed expenditure statement in connection with the institution to the Chief Inspector every month. The Chief Inspector may call for the respective bills for post audit.
  4. Superintendent to submit estimate of maintenance charges to the Chief Inspector.- Every Superintendent shall submit annually to the Chief Inspector at the time and in the form approved by the State Government from time to time, a budget estimate of the charges of maintenance of the Institution.
  5. Superintendent to keep watch on receipts and expenditure.- Every Superintendent shall keep a constant watch over the receipts and expenditure of the institution, shall satisfy himself by frequent inspection that the registers and account books are properly written, that cash balances correspond with those entered in the books, that the daily entries are made in the Cash Books, and that outstandings are not allowed to accumulate. The Superintendent shall be responsible for any defalcation on the part of the staff of the institution rendered possible by negligence on his part.
  6. Superintendent to watch supplies to inmates.- The Superintendent shall satisfy himself by frequent inspections of the dietary articles, account books and of the food purchases and by inquiry into that the bazaar rates are reasonable, and that the inmates obtain their full rations.
  7. Returns.- The Superintendent shall submit to the Chief Inspector such returns as may be specified by him from time to time.
  8. The Superintendent to effect search of children received in the institution.- The Superintendent shall see that every child received in the institution is searched, that he is cleansed, that his personal effects are inspected and that the money or valuables found with or on the person of the child are kept in the safe custody of the Superintendent:

Provided that girls shall be searched by a female member of the staff and with due regard to decency.

  1. Articles found on search in inspection to be entered in the register.- (1) In every institution a register of money, valuables and other articles found with or on the person of a child received therein shall be maintained.

(2) On a child being received in the institution the money, valuables and other articles found with him or on his person on search and inspection under Rule 16 and taken possession of, shall be entered in such register, and the entries relating to him shall be read over to him in the presence of witness whose signature shall be obtained in token of the correctness of such entries. All such entries shall be countersigned by the Superintendent.

(3) Entries shall be made in such register showing in respect of every such search and inspection-

(a) what articles, if any, are respectively destroyed, sold and stored;

(b) in the case of articles sold, the amount realised for them;

(c) the return to him of any money, valuables or articles at the time of release or otherwise;

(d) all such entries in such register shall be attested by the Superintendent.

  1. Disposal of property.- The property other than money or valuables belonging to a child received or detained in an institution, shall be disposed of in the following manner, namely-

(a) if it consists of obscene pictures, or literature, tobacco, snuff, opium, drug or liquor, or perishable articles of trivial valuable, it shall be destroyed;

(b) if it consists of perishable articles of more than trivial value it shall be sold by auction as soon as possible and the proceeds kept in safe custody by the Superintendent;

(c) the clothing, bedding or other articles of such child shall be destroyed if the Superintendent considers it essential on hygienic grounds or considers them to be worthless or if the clothing and bedding is ragged, and the clothing, bedding and other articles of children found to be suffering from any infectious or contagious disease shall be burnt;

(d) clothing, bedding and other articles and covered by the provisions of Cls. (a), (b) and (c), shall, after being washed and disinfected, if necessary, be made up into a bundle or bundles and suitably stored. The Superintendent shall be responsible for their safe custody.

  1. Staff not to buy articles at auction.- No person in the staff of the institution shall, whether directly or indirectly, bid at the auction of, or purchase any properly auctioned under these Rules.
  2. Disposal of property after passing of order by competent authority.- (1) On the competent authority making an order other than directing the child to be sent to Children's Home or a Special School in respect of any child, his money and valuables and such of his articles, proceeds of such of his articles as have been sold, shall at the time of his release be handed over to him in the presence of the Superintendent and the Superintendent shall take the signature or thumb impression of the parent or guardian of the children or the child in the column provided for the purpose in the register maintained under Rule 17, in token of his having received such money, valuables, articles, and proceeds. If the clothings have been destroyed in pursuance of Clause (c) of Rule 18 he shall be provided with fresh clothing at Government cost.

(2) (i) On an order made by the competent authority in respect of any child, directing the child to be sent to a Children's Home or Special School the Superintendent shall deposit such money together with the sale proceeds realised under Clause (b) of Rule 18 in the manner prescribed by the State Government from time to time in the name of the child and the account book will be kept with the Superintendent. His valuables, clothing, bedding and other articles, if any, stored under Clause (d) of Rule 18 shall be kept in safe custody.

(ii) When such, child is transferred from one institution to another, all his property, valuable and account book in the custody of the Superintendent shall be sent along with him to the Superintendent of the institution to which he has been transferred together with a hill and correct statement of the description and estimated value thereof.

(iii) At the time of the release of such child the property, valuables kept in safe custody and the money deposited in his name shall be handed over to him or to his parent or guardian, as the case may be, and an entry be made in that behalf in the register maintained under Rule 17. Such entry shall be signed by the Superintendent.

  1. Disposal of property of children dying or escaping before release.- (1) When an inmate of an institution dies therein, the property left by the deceased and the money deposited in his name shall be handed over by the Superintendent to any person who establishes his claim thereto and executes an indemnity bond. A receipt shall be obtained from such person for having received such property and the amount. If no claimant appears within a period of one year from the date of death of such inmates, the property and amount shall be handed over to the police for disposal in accordance with the provisions of Sections 25 to 27 of the Police Act, 1861.

(2) When a child kept in an institution escapes therefrom or fails to return thereto after the expiry of the period of absence permitted to him, the property left by him and the amount deposited in his name shall be kept in safe custody by the Superintendent of such institution for a period of one year from the date of escape of such child or the date on which such child should have returned thereto as the case may be. If within the said period such child is not arrested and sent back or does not return to the institution such property and amount shall be handed over to the Police for disposal in accordance with the provisions of Sections 25 to 97 to the Police Act, 1861.

  1. Superintendent to report cases of release in time.- Whenever it appears to the Superintendent that a child will attain the age of eighteen years in the case of a boy, or twenty years in the case of a girl, before the expiry of period of stay he shall, six months prior to the attaining by the child of the age of eighteen years in the case of a boy and twenty years in the case of a girl, place the child before the Committee and the Medical Officer of the institution where such arrangements exist for his examination and submit the case in the Chief Inspector for discharge under Section 45 of the Act.
  2. Procedure to be followed in released cases.- (1) The Superintendent shall place each intimate before the Committee, with a view to his release on licence before the expiry of his period of detention, in accordance with the institution issued from time to time in this behalf by the Chief Inspector.

(2) Timely information of the release of an inmate and of the probable date of his release shall be given to his parent or guardian and the parent or the guardian shall be invited to come to the institution to take charge of the inmate on that date. If necessary, the actual expenses of the parent or guardian's journey both ways and of the child's journey from the institution shall be paid to the parent or guardian by the Superintendent at the time of the release of the child. If the parent or guardian, as the case may be, fails to come to take charge of the child on the appointed date, the child shall be taken to his native place by the escort of the institution:

Provided that girls shall be escorted by a female escort.

(3) At the time of release or discharge, a child may be provided with one set of Government clothing if the Superintendent deems it necessary.

(4) If the inmate has no parent or guardian, he may be sent to an After-care Organisation or in the event of employment having been found for him to the person who has undertaken to employ him.

(5) The Superintendent of girls' institution, subject to the approval of the Chief Inspector, may get suitable girls above the age of 15 years married according to the procedure laid down by the Chief Inspector from time to. time.

  1. Superintendent to order discharge of inmates on due dates.- (1) The Superintendent shall order the discharge of any child the period of whose detention has expired and inform the Chief Inspector within seven days of the action taken by him. If the date of release falls on a Sunday or any other public holiday, the child may be released on the preceding day, entry to that effect being made in the register of discharge. The Superintendent shall, in appropriate cases, order the payment of subsistence allowance to the child for his home journey or place of rehabilitation at such rates as may be fixed by the State Government from time to time and the railway and/or road fare, as the case may be.

(2) In deserving cases, the Superintendent may provide the child with such shall tools, as may be necessary to start a business subject to such maximum cost as may be fixed by the State Government.

(3) The Superintendent may, subject to the approval of the Chief Inspector, allow at their own request such girls, as have no place to go, to stay in the institution after the period of their detention has expired till some other suitable arrangements are made.

  1. Admission of outsiders to the institution.- No stranger shall be admitted to the premises of the institution, except with the permission of the Chief Inspector or the Superintendent.
  2. Superintendent to show to the Chief Inspector or his representative and to the Committee members the working of the institution.- The Superintendent shall accompany the Chief Inspector or any other inspecting officer of the Directorate of Social Welfare and the members of the Committee during their inspection of or visit to the institution.
  3. Annual report.- The Superintendent shall, on the expiry of each year draw up and submit to the Chief Inspector a report referring to all subjects of interest and giving a brief account of the working of the institution during the year. The Chief Inspector shall forward a consolidated annual report to the State Government.
  4. Observation Homes to provide educational and other training facilities.- In every Observation Home children shall be provide with adequate educational and other training facilities and care shall be taken to see that they do not remain idle.
  5. Advisory Committee.- For every institution established under sub-section (1) of Section 9, 10 or 11 there shall be an Advisory Committee.
  6. Constitution of the Advisory Committee.- (1) The Committee shall consist of not less than 8 and not more than 13 members, of whom not less than 3 and more than 8 shall be non- officials as decided by the State Government. Out of the non- official members there shall be at least one lady member.

(2) The following shall be ex-officio members;

(a) The Chief Inspector or his representative;

(b) The Senior Magistrate of the Children's Court having jurisdiction over the area where the institution is situated.

(c) The Chairman of the Child Welfare Board, having jurisdiction over the area where the institution is situated;

(d) The Medical Officer-in-charge of the Government dispensary for the area.

(e) A nominee of the local authority such as Municipal Corporation or the Municipal Committee or the Cantonment Board having jurisdiction over the area, where the institution is situated; and

(f) The District Inspector of Schools of the area.

(3) The State Government shall nominate the President of the Committee. In the absence of the President, the Committee may elect a Chairman from amongst the members present to carry out the proceedings of the meeting.

(4) The non-official members shall be appointed by the State Government after considering the recommendation of the Chief Inspector.

(5) In the case of an Advisory, Committee appointed for an institution intended for girls there shall be not less than two lady non-official members;

(6) There members shall form a quorum for a meeting of the Committee.

(7) The Superintendent of the institution shall be the ex-officio Secretary of the Committee.

  1. Tenure of non-official members.- (1) The non-official members shall hold office for a term of two years from the date of appointment. They shall be eligible for re-appointment.

(2) The tenure of appointment of a non-official member may without assigning any reason, be terminated by the State Government at any time.

(3) A non-official member may resign his appointment without assigning any reason to any time.

(4) Any casual vacancy among non-official members shall be filled by appointment of another non-official who shall hold office so long as the person in whose place he is nominated would be held it if the vacancy had not occurred.

  1. Functions of the Committee.- The duties of the members of the Committee shall be as follows:

(a) To visit the institution once a month in rotation which will be drawn up by the Superintendent after consulting the members; at least one member shall visit the institution every month;

(b) To attend quarterly meeting which shall be held in the months of January, April, July and October to make recommendations on (i) cases of inmate for release on licence, and (ii) any other matters connected with the progress of the institution and welfare of the inmates in general or in particular.

  1. Visitors' book.- A Visitors' Book shall be maintained in which the persons authorised to visit the institution shall record the dates of their visits with any remarks or suggestions which they may think proper. The Superintendent shall forward a copy of every such entry to the Chief Inspector with such remarks as he may desire to officer in explanation or otherwise and thereupon the Chief Inspector shall issue such orders as he may deem proper.
  2. Advisory Committee Book.- In every institution besides a general Visitors' Book there shall be maintained a separate Advisory Committee Book in which minutes of the proceedings of each quarterly meeting of the Advisory Committee shall be recorded and wherein members of the Committee shall also record the dates of their visits with any remarks or suggestions they may have to make. The minutes shall be signed as soon as possible by the presiding authority. Copies of the minutes shall be supplied to every member of the Committee and the Chief Inspector within a fortnight from the date of the meeting. The Chief Inspector may pass such orders as he may deem necessary on such minutes. The Superintendent shall send a copy of each order to the members concerned.
  3. Medical care in the institution.- (1) Every institution shall provide adequate medical facilities to the children and shall have such medical staff as may be necessary.

(2) A thorough medical examination including the recording of weight of all the children admitted in an institution, leper asylum or mental hospital under the provisions of the Act shall be held at least once a quarter and such medical treatment as may be necessary shall be provided.

(3) Immediate action in accordance with the provisions of Section 47 of the Act, shall be taken in respect of the child who is/was suffering from leprosy or is/was found of unsound mind.

  1. Medical examination of children.- Each child admitted in an Observation Home shall be medically examined by the medical officer of the Observation Home within forty-eight hours, or in special cases within seventy-two hours, after his admission to the Observation Home and also in the case of a child known to be awaiting removal to a Children's Home or Special School, within a similar period before such removal, and further at any other time or times that may be considered necessary by the medical officer or the Superintendent. Such examination shall include any steps necessary to ascertain whether venereal disease in present in cases where reasons exist to suspect its presence. Such examination may take place either at the Observation Home or if the medical officer desires it, at the Government clinic.
  2. Medical Officer.- The medical officer of an institution shall attend the institution daily at fixed hours, and shall keep such registers and returns as shall be directed by the Chief Inspector or the Director of Health Services, Assam.
  3. Separation of inmate suffering from infectious disease.- An inmate known or suspected to be suffering from an infectious disease shall forthwith be removed to a Government hospital and if this is not practicable when disease breaks out in an institution any child subsequently admitted shall so far as practicable be kept separate from those who are known or suspended to be suffering from the infectious disease.
  4. Surgical treatment on the inmates.- No surgical treatment shall be carried out on an inmate without the previous consent of his parent or guardian, unless either the parent or guardian cannot be found for the condition of the inmate is such that any delay would in the opinion of the medical officer involve unnecessary suffering or injury to the health of the inmate.
  5. Medicines to be purchased from Government Medical Stores Depot, Gauhati.- All medicines required for the institution shall be indented from Government Medical Stores Depot. Gauhati or any other stores specified by the State Government in this behalf, and in case of urgent necessity may be purchased locally under intimation to the Chief Inspector.
  6. Diet.- (1) The diet issued to all inmates of the institution shall be in accordance with the schedule prescribed by the State Government and such schedule shall be displayed on a board in the officer of the institution.

(2) No institution shall so arrange for the supply of articles of food, and clothing and bedding as to render the same contractor exclusively responsible for the supply of and the requirement of the institution during specified period.

  1. Time table.- (1) Every institution shall follow the time-table approved from time to time by the Chief Inspector.

(2) The approved time-table of the institution shall be displayed on the notice board.

  1. Education and training.- All inmates shall attend regularly the school and industrial classes and work outside according to the directions of the Superintendent and do the work in the institution assigned to them:

Provided that no inmate shall be employed in such manner as to impair his capacity for profiting by institution or depriving him of reasonable recreation or leisure.

  1. Daily routine of inmates.- The daily routine of the institution and the employment of the inmates of the institution during the various hours of the day shall be fixed by the Superintendent in consultation with the Committee and with the approval of the Chief Inspector.
  2. Exemptions from attending literacy classes.- (1) Exemptions from attending literacy classes may be granted by the Superintendent under intimation to the Chief Inspector.

(2) Any exemption granted by the Superintendent under this rule shall be brought to the notice of the inspecting officers at the time of inspection. No exemption shall be granted until a child is fully literate, that is to say, until a child has reached the fourth standard.

(3) Inmates who are granted exemption under this rule shall devote the school hours for such additional industrial training as may be specified by the Superintendent.

  1. Industries to be introduced with the approval of the Chief Inspector.- Industries taught at the institution shall have previous approval of the Chief Inspector. Competent Instructors shall be employed for each trade taught in the institution.
  2. Rewards and earnings.- (1) Rewards to the inmates at such rate as may be fixed by the State Government from time to time may be granted by the Superintendent as an encouragement to steady work and good behaviour.

(2) At least half the amount shall be deposited in the manner prescribed by the State Government from time to time in the name of the inmate and the account book shall be kept with the Superintendent. The rest may be permitted to be spent by the inmate as pocket money on purchase of articles such as sweets, toys, etc., on fixed day of the week.

(3) Out of the income earned by an inmate working outside, at least three-fourths shall be deposited in the manner prescribed by the State Government from time to time in the name of the inmate and the account book shall be kept with the Superintendent. The rest may be spent by the inmate as mentioned in sub-rule (2).

  1. Deposit money to be returned to inmate on their release.- At the time of premature release of an inmate from the institution, his account book shall be transferred to the probation officer whose duty it is to supervise him. If the inmate is released on the expiry of the period of his stay ordered by the competent authority, the money deposited in his name shall be withdrawn by the Superintendent and handed over personally, after obtaining a proper receipt, to the parent or guardian who comes to take charge of the inmate under sub-rule (2) of Rule 23 and if he does not come to the inmate, the money should be disbursed in the manner otherwise provided for.
  2. Permission to parents and near relations to visit the inmates and communication with them.- (1) The parents and near relation of the inmates shall be allowed to visit an inmate once a month or in special cases more frequently with the permission of the Superintendent. Time allowed for any visit shall not ordinarily exceed one hour but may be extended by the Superintendent at his discretion. The visiting hours shall be laid down by the Superintendent.

(2) The receipt of letters by the inmate of the institution shall not be restricted and they shall have freedom to write as many letters as they like at all reasonable times but shall be entitled to have postage stamps affixed at the cost of Government on one letter only in any week.

(3) The Superintendent may peruse any letter written by or to an inmate, and may, for any reason that he considers sufficient, refuse to deliver or issue the letter and may destroy the same, after recording his reasons in a book maintained for the purpose.

  1. Clothing.- Children shall be issued sets of clothing and bedding as per schedule prescribed by the State Government from time to time.
  2. Issue of general articles.- The Superintendent shall ensure the proper issue of bathing soap, washing soap, hair oil, etc., as per schedule laid down by the State Government.
  3. Identity photo.- On admission every child shall be photographed and 3 copies of the photographs shall be obtained of which one shall be kept with the file of the inmate, one shall be fixed with the index card and the third shall be kept in an album serially. The negative shall also be kept in a negative album.
  4. Duties and responsibilities of care-takers.- (1) Every care-taker who is provided a quarter on the premises shall live in that quarter.

(2) A care-taker who is not provided with residential quarter on the premises of the institution shall give his full home address to the Superintendent and shall intimate the change, if any, immediately.

(3) Every care-taker shall see the residential place of all the other staff members so that in case of emergency he could be deputed to call any one of them whom so required.

(4) In case of illness or otherwise unable to come on duty a care-taker shall inform the Superintendent in time.

(5) A care-taker shall be liable for departmental action for the following; (i) wilfully and negligently permitting an inmate to escape, (ii) giving or attempting to give an inmate or taking out or attempting to take out from the institution any articles not allowed by the Superintendent, (iii) wilful disobedience or neglect of any rules, regulations or orders.

(6) No care-taker while on gate-duty shall leave his post for any purpose until relieved.

(7) Every care-taker shall keep himself, and his uniform clean and in order.

(8) No care-taker shall lie down or sleep when on patrol duty.

(9) No care-taker shall take off any part of his uniform while on duty.

(10) A care-taker shall not leave the keys in his charge laying about or hand over to any inmate under any circumstances or take the keys out of the gate.

(11) A care-taker shall not bring spirits, Charas, Bhang or any other intoxicating material inside the institution.

(12) A care-taker shall report to the Superintendent about any suspected person loitering about the premises.

(13) A care-taker shall take all precautions against escape, and shall report any plot for escape, for assault etc., by an inmate or inmates which might come to his notice.

(14) A care-taker shall report about any defective lock, door, window or any other fixtures to the Head care-taker or any other Senior Officer.

(15) A care-taker shall see to the safety of all the property in the institution and in case anything lying insecure he shall place it securely and report the same to the Head care-taker or any other Senior Officer.

(16) A care-taker shall talk politely and shall not use any abusive language or strike him save in self-defence.

(17) A care-taker shall listen patiently to any complaint of an inmate and report the same to the Head care-taker or any other Senior Officer on duty.

(18) A care-taker shall not discuss official matters with or in the presence of inmates.

(19) A care-taker shall see that the inmate follow the programme and do not wilfully break the rules.

(20) A care-taker shall stop and then report wasting of any articles by inmates.

(21) A care-taker shall report to the Head care-taker or any other Senior Officer about any sick inmate immediately and shall be responsible for giving medicines or other aid as advised.

(22) A care-taker shall watch and report about any irregularity regarding personal hygiene on the part of the inmates.

(23) A care-taker shall not allow any quarrel, indecent behaviour or mischief to occur.

(24) A care-taker shall see that the inmate's clothing, bedding, utensils and other articles are kept clean.

(25) A care-taker shall report at once if an inmate is missing.

(26) When an inmate escapes the care-taker shall keep the other inmates back to their rooms and shall take necessary precaution to search for the escaped inmate immediately and shall take up any duty that may be allocated to him in that connection. Under no circumstances an inmate shall be utilised for this work.

(27) A care-taker shall perform such other duties as may be assigned by the Superintendent from time to time.

  1. Maintenance of Registers.- The Superintendent shall maintain in his office such registers and forms as may be prescribed by the Chief Inspector from time to time.
  2. Prohibited articles.- (1) No person shall except with the permission of the Superintendent or the medical officer of the institution, take into institution a prohibited article.

(2) The following shall be the prohibited articles:

(i) Alcohol and spirit of every description;

(ii) Bhang, Ganja and Opium;

(iii) Drug of every description;

(iv) Any other articles specified in this behalf by the Superintendent by general or special orders.

  1. Welfare Fund.- (1) For every institution there shall be a Welfare Fund.

(2) (a) Every Superintendent is authorised to accept donations or contributions in cash made to the Welfare Fund by the Public-

(i) where the amount of donation or contribution does not exceed rupees twenty-five, without prior approval of the State Government;

(ii) in all other cases with the prior approval of the State Government.

All such donations and contributions shall be acknowledged by written receipts bearing serial numbers.

(b) The Superintendent shall deposit all money collected for Welfare Fund in the nearest Government Treasury by opening a personal ledger account in his name and shall keep a subsidiary account of the Welfare fund.

(3) The amount standing to the credit of the Welfare Fund shall be spent for the following purposes, namely:

(i) to meet the contingent expenses in connection with the collection of the Welfare Fund;

(ii) to provide for the welfare and comfort of the destitute who are inmates of or have been released on licence from the institution, as the case may be; and

(iii) to provide for any new service for the inmates not covered under an approved scheme.

(4) The Superintendent may in consultation with the Advisory Committee and subject to the requirements of sub-rule (3), spend sums out of the Welfare Fund on any other object previously approved by the Committee:

Provided that no amount exceeding Rs. 25 shall be spent without the previous sanction of the Chief Inspector.

(5) The Welfare Fund shall be operated upon by the Superintendent as the Drawing and Disbursing Officer and he will be responsible for the proper maintenance of the account of the Funds.

(6) The following Books shall be maintained separately in connection with the Fund.

(i) Cash Book;

(ii) Order Book;

(iii) Contingent Register

(7) The accounts of the Fund shall be audited at the time of the annual audit of the accounts of the institution to which it relates.

  1. Donation in kind.- Prior approval of the State Government shall not be necessary in respect of acceptance of any donation in kind.
  2. Collection boxes.- (1) The Superintendent may install collection boxes in their offices which shall, subject to the provisions of sub-rule (2) be kept locked and sealed.

(2) Every such box shall not be opened at least once and not more than twice a month;

Provided that a box shall not be opened a second time during the same month unless a period of ten days has elapsed since it was first opened in that month. The amount so collected shall be credited to the Welfare Fund and shall be spent in the manner, and for the purposes, specified for the Welfare Fund in Rule 56.

CHAPTER III

Control, Management, Functions and Responsibilities of Non-Government Children's Homes, Special Schools and Observation Homes Recognised or Certified under Sub-Section (2) of Section 9, 10 or 11 of The Act

  1. Governing Body.- Every institution recognised or certified under sub-section (2) of Section 9, 10 or 11 shall have a Governing Body approved by the State Government, the members of which shall be deemed to be the managers of the institution for its proper control, functions, responsibilities and management.
  2. Functions of Governing Body.- The Governing body shall be responsible to see that-

(1) the premises of the institution are maintained in a sanitary condition and to the satisfaction of the Chief Inspector:

(2) proper lighting arrangements are made and adequate water facilities for bathing and drinking are provided;

(3) a separate kitchen is provided;

(4) wholesome and sufficient food according to the standard approved by the Chief Inspector is provided for every inmate:

(5) sleeping and dinning accommodation is adequate for the number of inmates kept in the institution;

(6) adequate provision is made for indoor and outdoor games;

(7) such medicines as are ordinarily required for house-hold use are kept in the stock and proper arrangements are made for medical treatment of inmates in case of sickness and as far as possible full-time or part-time medical officer is employed to attend and treat inmates in the institution;

(8) adequate arrangements are made for the education and training, as contemplated in the Act, of inmates either on the premises of the institution or in School or institutions maintained or recognised by the Education Department of the State Government and suitable arrangements for teaching of crafts suited to the individual child are also made in the institution;

(9) if the institution admits both boys and girls, suitable arrangements for housing boys and girls separately and arrangements for proper supervision over the two sections are made to the satisfaction of the Chief Inspector;

(10) adequate and qualified staff, as approved by the Chief Inspector, is maintained and quarters are provided for the essential staff on the premises of the institution;

(11) discipline is maintained in the institution.

  1. Appointment of Superintendent.- For the day to-day working and management of the institution the Governing Body shall appoint a Superintendent for every institution. The terms and conditions of the service of the Superintendent shall be determined by the Governing Body with the previous approval of the Chief Inspector.
  2. Delegation of powers.- The Governing Body may delegate any of its functions to the Superintendent of the institution or any other authorised person or persons appointed by the Governing Body but it shall be the primary responsibility of the Governing Body to see that the institution is run smoothly and efficiently and to the satisfaction of the Chief Inspector.
  3. Powers and duties of Superintendent.- (1) The powers and duties of the Superintendent shall, as far as possible, be those as in Rules 7, 8, 9, 15, 16, 22, 23, 24, 27 and 54.

(2) The Superintendent shall report to the Chief Inspector names of the members of Governing Body and any changes therein due to death, retirement or any other cause within fifteen days from the date of constitution of the Governing Body or the occurrence of the event, as the case may be.

(3) The Superintendent or any other person authorised by him in this behalf shall keep the Chief Inspector informed of the important happenings in the institution under intimation to the Governing Body.

  1. Diet.- The diet issued to all inmates shall, as far as possible, be in accordance with the schedule laid down by the Chief Inspector, to ensure healthy growth of the inmates. The schedule approved by the Government Body shall be sent to the Chief Inspector and shall be displayed on a broad and it shall be the duty of the Governing Body to give effect to the suggestions, if any, made by the Chief Inspector in respect of such schedule.
  2. Clothing and bedding.- The scale of clothing and bedding to be issued to the inmates shall be such as may be approved by the Chief Inspector.
  3. Care-taking staff.- The institution shall have adequate care-taking staff and take all necessary precautions to prevent escape of inmates.
  4. Certain provisions of Chapter II to apply to non-Government institutions also.- The provisions of Rules 17 to 21, 23, 25, 28, 33, 35, 36, 38, 42 to 45, 47 to 49, 52, and 55 shall, so far as may be, also apply to non-Government institutions certified to be recognised under sub-section (2) Section 9, 10 or 11.
  5. Grant-in-aid.- Every institution certified or recognised under Section 9, 10 or 11 may during the period the certification or recognition is in force, be given grant-in-aid by the State Government for maintenance of children received by them under the provisions of the Act and the Assam Children Rules, 1976 and the expenses incurred under Rules 23, 24, 47 and 49 of these Rules at such rates, in such manner and subject to such rules as may be determined by the State Government from time to time.
  6. Audit of accounts.- The Governing Body shall get the accounts of the institution audited annually by a registered or a Chartered Accountant or other competent authority as soon as the year is over and shall submit to the Chief Inspector the audited annual statement of accounts by such date as may be fixed by the Chief Inspector.
  7. Account books to be open for inspection.- All account books, bills, vouchers and other books of receipts and expenditures in respect of the institution shall be open to inspection and scrutiny by the respecting officers of the Directorate of Social Welfare or any other officer nominated by the State Government in this behalf, at reasonable times during working hours, with or without notice. It shall be the duty of the Superintendent and the Governing Body to give all reasonable facilities and information to the aforesaid officers and to take prompt action on all the points raised by these officers in regard to such accounts.
  8. Inspection of institution.- Every institution shall be open to inspection at all reasonable times by the inspecting officers of the Directorate of Social Welfare. Inspector of Schools of the district and by such other officers of the State Government as may be authorised by the State Government in this behalf.

Form I

[Vide sub-rule (1) of Rule 20]

Form of Order of Release of Licence

I ...................................................... (name and designation of the licensing authority) Government of Assam, do by this licence permit.....................son/daughter of.........caste...........residence.....number......who was ordered to be detained in Children's Home/Special School by the Children Act, 1970 for a term of............on the........... day of.......19.... and who is now detained in the............. at...........to be discharged from the said................on condition that he/she be placed under the supervision and authority of..............during the remaining portion of the aforesaid period of detention.

This licence is granted subject to the detention endorsed hereon, upon the breach of any of which it shall be liable to be revoked.

Dated the............

Signature and Designation of Licensing Authority

Conditions

  1. The licensee shall proceed to..............and live under the supervision and authority of .......... until the expiry of the period of his/her detention unless the remission is sooner cancelled.
  2. He/She shall not, without the consent of the said..........................................remove himself/herself from that place or any other place which may be named by the said.......
  3. He/She shall obey such instructions as he/she may receive from the said.................... with regard to punctual and regular attendance at employment or otherwise.
  4. He/She shall attend the attendance Centre at................regularly.
  5. He/She shall obtain from committing any offence and shall lead a sober and industries life to the satisfaction of..........

*6.

*7.

*8.

*9.

  1. In the event of his/her committing a breach of any of the above conditions, the remission of the period of detention hereby granted shall be liable to be cancelled and on such cancellation, he/she shall be dealt with under sub-section (3) of Section 48 of the Chairman Act, 1970.

I hereby acknowledge that I am aware of the above conditions which have been read over/explained to me and that I accept the same.

(Signature or mark of the licensee)

Certified that the conditions specified in the above order have been read over/explained to (name) ............ and that he/she, accepted them as the conditions upon which the remission of the period of detention has been granted to his/her and that he/she been released accordingly in the ................

Signature and designation of the Certifying authority (i.e. Superintendent of the Institution)

* Additional conditions, if any, to be imposed may be inserted by the Licensing Authority, and to be re-numbered where necessary.

Form II

[Vide Rule 22(1)]

Bond to be executed by a parent/guardian/relative or fit person to whose care a child is committed under Section 16(1) or Section 21(1)(b) of the Children Act, 1970

Whereas I,............. being the parent, guardian, relative or person under whose care..................has been ordered to be placed by the (name of the child) Child Welfare Board/Children's Court..............................................have been directed by the said Child Welfare Board/Children's Court to execute a bond in the sum of Rupees..................... (Rupees...........) ‡with one surety/two sureties, I hereby bind myself on the said..................being placed under my care. I shall have the said................properly taken care of and I do further bind myself to be responsible for the good behaviour of the said..................and to observe the following conditions for a period of..............year commencing from.................

(1) that I shall not change my place of residence without previous intimation in writing to the Board/Court through the Probation Officer;

(2) that I shall not remove the said from the time limits of the jurisdiction of the Board/Court without previously obtaining the written permission of the Board/Court;

(3) *that I shall send the said.........................daily to school to such daily work as is approved by the Board/Court unless prevented from so doing by circumstances beyond my control;

(4) that I shall send the said........................to an Attendance Centre Regularity unless prevented from so doing by circumstances beyond my control;

(5) that I shall report immediately to the Board/Court through the probation officer, if the said................misbehaves or absconds from my custody;

(6) that I shall produce the said.....................before the Board Court whenever required by it;

†(7) that I shall render all necessary assistance to the probation officer to enable him to carry out the duties of supervision;

(8) *

(9) **

(10) **

(11) *** in the event of my making defaults herein, I bind myself to forfeit to Government the sum of Rupees.....................................(Rupees....................................)

Dated this the..............day of........19....

(Signed) Before me (Signature of person executing the Bond)

‡ Omit where no surety is required.

* To be retained in the case of a child of school age.

†Omit if the supervision by a probation officer has not been ordered.

** Additional conditions, if any, by the Court/Board may be entered numbering them properly.

*** To be renumbered where necessary.

(Where a bond with sureties is to be executed add)

I/We............................................................................ of .............................................................................. (place of residence with full particulars) hereby declare myself surety/ourselves sureties for the aforesaid.....................that he shall do and perform all that he has undertaken to do and perform and in case of his making default therein. I/we hereby bind myself/ourselves jointly and severally to forfeit to Government the sum of Rupees................................... (Rupees .........................................)

Dated this the...............day of......... 19.........

In the presence of

Form III

[Vide Rule 42]

Bond to be signed by a child who has been ordered under Section 34 of the Children Act, 1970 to be sent to a relative or a fit person to his ordinary place of residence

Whereas...................................................... inhabitant of ........................................ (give full particulars such as House No., road, village/town, tahsil, district, State) have been ordered to be sent back to my native place by the Child Welfare Board/Children's Court..................... under Section 34 of the Children Act, 1970, on my entering into a bond under sub-rule (2) of Rule 13 of the Assam Children Rules, 1976 to observe the conditions mentioned therein below:

Now, therefore, I do solemnly promise to abide by these conditions during the period.

I hereby bind myself as follows:

(1) That during the period...................I shall not ordinarily leave the village/town/district to which I am sent and shall not ordinarily return to the State of Assam or go anywhere else beyond the said district without the prior permission of the Board/Court;

(2) That during the said period I shall attend work/school in the village/town or in the said District to which I am sent;

(3) That in case of my attending work/school at any other place in the said district I shall keep the Board Court informed of my ordinary place of residence;

(4) That I shall be of good behaviour and shall not in any way commit any breach of conditions laid down in this Board and accepted by me;

(5) That during the period specified in the order I shall particularly observe the following conditions:

(a) that I shall accept the guidance and assistance of the relative or fit person to whom I am sent as named in the order and will obey the directions given to me from time to time by the said person;

(b) that I shall not play truant from home, school work or place to which I am sent;

(c) that I shall live honestly and peaceably and will endeavour to earn an honest livelihood/attend school regularly and obey the authorities and shall not change my employment/school without the permission of the relative or fit person to whom I am sent;

*(d)

*(e)

(6) In case of my making default in observing any of the conditions specified above I shall on my re-appearance before the competent authority receive such order as the competent authority deem fit.

Dated this............day of........19

Signature or mark

* Additional conditions, if any, may be entered by the Court/Board.

Form IV

[Vide Rule 42]

Undertaking to be given by the person to whose care the child is to be sent to his native place

[Vide Section 34 of the Act]

I............................resident of ..................................... (give full particulars such as House No., Road, Village/Town, District, State) do hereby declare that I am willing to take charge of ......................................... aged........................................... under the orders of the Child Welfare Board/Children's Court/ Magistrate.....................subject to the following terms and conditions:

(i) I shall do my best for the welfare and education of the said.....................................................................as long as he/she remains in my charge and shall make proper provision for his/her maintenance;

(ii) If his/her conduct is unsatisfactory I shall at once inform the competent authority;

(iii) In the event of his/her illness, he/she shall have proper medical attention in the nearest hospital:

(iv) I undertake to produce him/her before the competent authority when and as required.

Dated this.....................................day of..........19.........

Signature

Signature and address of witness(es):

(1)

(2)

Form V

[Vide Rule 17]

Order requiring a Probation Officer to make enquiries

To

The Probation Officer

...................................

Whereas a report/complaint under Section...............of the Children Act, 1970 has been received from.......... in respect of..............son/daughter of..............(name of the child)................aged...................... residing at .............has been produced before this Child Welfare Board under the provisions of sub-section (1) of Section 15 of the Children Act, 1970;

You are hereby directed to inquire into the character and social antecedent of the said child and submit your report of social enquiries on or before...........within such further time as may be allowed to you by the Child Welfare Board.

Dated this.............. day of...............19....

Seal

Signature Chairman, Child Welfare Board

Form VI

[Vide Rule 18]

Warrant of detention under sub-section (2) of Section 15 or under Clause (c) of sub-section (1) of Section 21 of the Children Act, 1970

To

The Superintendent,

........................

Whereas of the............day of......19......................... (name of the child) son/daughter of.......... aged...................residing at...........being found in case No........... *to be a neglected child/*to have committed an offence under section........... of the Children Act, 1970/to be detained in the *Children's Home/*Special School.......... for a period of...........

This is to authorise and require you to receive the said child into your custody, and to keep him/her in the *Children's Home/*Special School.........for the aforesaid order to be there carried into execution according to law.

Given under my hand and the seal of *Child Welfare Board/*Children's Court.

This.......... day of.......... 19................

*Chairman, Child Welfare Board *Senior Magistrate, Children's Court

Seal

Enclosure:

Copy of the judgement, if any, or orders

Particulars of home and previous record

* Strike out which is not required.

Previous history under the Children Act, 1970.

Date Order passed including period of detention, if any Section Competent authority
 

Form VII

[Vide Rule 21 (1)]

Supervision Order

(When the child is placed under the care of a parent, guardian or other fit person)

Case No.................of....19......

Whereas..........

(name of the child)

this day been found to be a neglected child/to have committed an offence under section...........and has been placed under the case of (name) ............ (address) ........... on executing a bond by the said......

And the court is satisfied that it is expedient to deal with the said child by making an order placing him/her under supervision;

It is hereby ordered that the said child be placed under the supervision of....................a Probation Officer, for a period of................subject to the following conditions, namely:

(1) that the child alongwith copies of the order and the bond executed by the said will be produced before the probation officer named therein;

(2) that the child will be submitted to the supervision of the probation officer;

(3) that the child will reside at..........for a period of........

(4) that the child will not be allowed to quit the district jurisdiction of without the written permission of the probation officer;

(5) that the child will not be allowed to associate with bad characters;

(6) that the child will live honestly and peaceably;

(7) that the child will attend the attendance Centre regularly;

(8) that the person under whose care the child is placed will arrange for the proper care, education and welfare of the child;

(9) that preventive measures will be taken by the person under whose care the child is placed to see that the child does not commit any offence punishable by any law in force in India;

(10) that the child will be prevented from taking intoxicants;

*(11)

*(12)

*(13)

†(14) there the directions given by the probation officer from time to time, for the due advance of the conditions mentioned above, will be carried out.

Dated...................day of.........19......

Chairman, Child Welfare, Board/ Senior Magistrate, Children's Court

Seal

* Additional conditions, if any, may be inserted by the Child Welfare Board/Children's Court.

†To be renumbered, if necessary.

Form VIII

[Vide Rule 21 (2)]

Supervision Order

[When the child is ordered to pay fine under Clause (d) of sub-section (1) of Section 21 of the Children Act, 1970]

Case No.......... of.......... 19..

Whereas......................................................................... (name of the child) of..................................................................................... (give full address such as house No. road, village/town, District, etc.,) has this day been found guilty of an offence under section........... and has been ordered to pay a fine of Rs........ and the Court is satisfied that it is expedient to deal with the said child by making an order placing him/her under supervision;

It is hereby ordered that the said child be placed under the supervision of a Probation Officer for a period of......... and he shall observe the following conditions, namely:

(1) that he will present himself within fourteen days from the date of this order, before the Probation Officer named herein and will produce a copy of the order;

(2) that he will submit himself to the supervision of the Probation Officer;

(3) that he will, during the period specified herein, keep the probation officer informed or his place of residence and names of livelihood/place of work/place of education and progress in education;

(4) that he will attend the Attendance Centre regularly;

(5) that he will not associate with bad characters to lead a desolute life;

(6) that he will live honestly and peaceably and will go to school regularly/endeavour to earn an honest livelihood;

(7) that he will not commit any offence punishable by any law in force in India;

(8) that he will abstain from taking intoxicants;

*(9)

*(10)

*(11)

†(12) that he will carry out such directions as may, from time to time, be given by the Probation Officer, for the due observance of the conditions mentioned above.

Dated this............ day of........ 19.

Seal

Senior Magistrate, Children's Court

*Additional conditions, if any, may be inserted by the Children's Court, if necessary.

†To be renumbered, if necessary.

Form IX

Report on preliminary enquiry

[Vide Sub-Rule (1) of Rule 28]

Serial No.........
In the Court of.......
Court Case No......... Probation Department
Title Case........ Case No........
Police Station Under Section.......
Nature of offence, charged, (in the case of delinquent child only) Religion
Name Caste.........
Father's name..... Year of birth......
Permanent address.......... Age...........
Last address before arrest....... Sex..........

Previous court or institutional history

Family

Members of family Name Age Health Occupation or School Wages, if any
Father
Step-father
Step-mother
Mother
Sublings
If married, relevant particulars
Other near relatives or agencies interested
Attitude towards religion, moral and ethical code of the home, etc.
Social and economic status
Delinquency record of member of family
Present living conditions
Relationship between parents/parent and children especially with the child under investigation
Other facts of importance, if any

Child's History

Members of family Name Age Health Occupation or School Wages, if any
Mental conditions past and present
Physical conditions, past and present
Habits, interest (moral recreational, etc.)
Outstanding characteristics and personality traits
Companions and their influence
Truency from home, if any
Previous delinquency, if any
School (attitude towards school teachers classmates and vice versa)
Work record (jobs held, reason for leaving, vocational interests, attitude towards jot or employers)
Neighbourhood and neighbour's report
Parent's attitude towards discipline in the home and child's reactions
Any other remarks
Result of Enquiry
Economical factors, physical conditions, intelligence
Social and economic factors
Religious factors
Suggested causes of the problem
Analysis of the case given and behaviour developed
Recommendations regarding treatment and its plan by probation officer.

Signature of Probation Officer

Form X

[Vide Rule 28 (2) (iv)]

Monthly report of progress of probationer

Part I

Name of the Probation Officer

For the month of

Register No.

Competent authority

Case No.

Name of the child

Date of supervision order

Address of the child

Period of supervision

Part II

Places of interview Dates
  1. Where the child is residing?
  2. Progress made in any educational/training course
  3. What work he/she is doing and his/her monthly average earnings, if employed
  4. Savings kept in the Post Officer Saving Bank Account in his/her name
  5. Health of the child
  6. Remarks on his/her general conduct and progress
  7. Whether properly earned

Part III

  1. Any proceeding before the competent authority for-

(a) variation of conditions of bond

(b) change of residence

(c) other matters

  1. Period of supervision completed on
  2. Result of supervision with the remark (if any)
  3. Name and address of the parent or guardian or fit person under whose care the child is to live after the supervision period is over

Signature of the Probation Officer

Date of report.

Form XI

[Vide Rule 49]

Information of arrest of child to his parent or guardian vide Clause (a) of Section 9 of the Chairman Act, 1970

To

The........

Whereas (name of the child).........................................son/daughter of........ aged.......... resident of............has been arrested under section..........and has been kept in the Observation Home at..................will be produced before the Children's Court.............................................. on (date)................................... (name of the parent or guardian) resident of.......................is hereby directed to be present at the Children's Court.................on.............. at (time).............

Signature of the Officer-in- Charge of the Police Station

Date

Form XII

[Vide Rule 42]

Information of arrest of a child to the Probation Officer vide Clause (b) of Section 19 of the Children Act, 1970

Name of the child

Age

Son/Daughter of

Residing at

Under the care of

Date and time of arrest

Place of arrest

Section under which arrested

Brief history of the case

Whether kept in the Observation Home and if so, name of the Observation Home

Date

Police Station

Signature of the Officer-in- charge of the Police Station

To

The Probation Officer

........................

Form XIII

[Vide Rule 42]

Report of the Probation Officer for the purpose of sub-section (3) of Section 17 or proviso to sub-section (2) of Section 21 of the Children Act, 1970

Name of the Probation Officer under whose supervision the child has been placed

Order No. and date under which the child has been placed under supervision

Competent authority under whose order the child has been placed under supervision

Name of the child placed under supervision

Name of the parent, guardian or other fit person under whose care the child has been placed.....

Place of residence....

Whether there has been breach of any of the conditions imposed by the competent authority; if so, state the condition breach of which has taken place.........

Whether the child has not been of good behaviour?

If so, justify the same

Whether the child is/is not attending a school regularly?

Whether the child is not attending the Attendance Centre?

Any other reasons for which the child is recommended to be sent to Children's Home/Special School

Name of the Children's Home/Special School where the child is recommended to be sent...

Date

Signature of the Probation Officer

Form XIV

[Vide Rule 42]

Order of the competent authority sending a child to a Children's Home/Special School under the provisions of sub-section (3) of Section 16 or sub-section (2) of Section 21 of the Children Act, 1970

Order No.

Competent authority.................

Whereas................................................... (name of the child) son/daughter of............ was placed under the care of............ resident of ......... under ............ section..........of the Children Act, 1970 Vide Order No.........dated.......and was further placed under the supervision of............... (name of the Probation Officer) .......under Section;

Vide Order No........... dated.............

And whereas on the report of the said Probation Officer and on making necessary inquiry it has been found expedient to deal with the said child under Section.......... of the Children Act, 1970.

It is hereby ordered that the said.................................... (name of the child) be sent to the Children's Home/Special School........................for a period of.........

Dated this..........day.........of.......19.

Signature

Seal

Chairman, Child Welfare Board/ Senior Magistrate; Children's Court

Form XV

[Vide Rule 42]

Order for the removal of a child from the charge of his parent or guardian under sub-section (2) of Section 14 of the Children Act, 1970

........................................ (Name and designation of the person who is to execute the order) Whereas............................................ (name of the child) residing at..............under the actual charge or control of..................... is apparently a neglected child and is required to be dealt with under the provisions of the Children Act, 1970.

And whereas there is reason to believe that the said child is likely to be removed from........... or to be concealed;

You are hereby directed to remove the said child from the charge or control of..............to the Observation Home..................dated the..............day of............... 19.

Seal

Chairman, Child Welfare Board

Form XVI

[Vide Rule 42]

Show cause notice under sub-section (2) of Section 14 of the Children Act, 1970

No.

Child Welfare Board..........

Whereas a report from............... has been received under sub-section (1) or Section 14 of the Chairman Act, 1970; and whereas there is reason to believe that ..................................... son/daughter of........................ (name of the child).......... residing at......... is neglected child;

Whereas......................................... (name of the parent or guardian) residing at.......... is reported to have the actual charge of, or control over, the said, child, the said ....................... (name of the parent or guardian) is hereby called upon to produce the said.................before this Child Welfare Board on.............date of 19 at hours and to show cause why the said .................................................. (name of the child) should not be dealt with as a neglected child under the provisions of this Children Act, 1970.

Dated this day of......... 19........

Seal

Child Welfare Board

Form XVII

[Vide Rule 42]

Search warrant under sub-section (2) of Section 14 of the Children Act, 1970

Case No.

To....................................................... (name and designation of the Officer who is to execute the warrant)

Whereas............residing at...........under the actual charge of or control over........ is apparently a neglected child and is required to be dealt with under the provisions of the Children Act, 1970;

And whereas it has been made to appear to me that the said child is likely to be removed from......... or to be concealed;

This is to authorise and require you to search for the said...................in the.........and if found, to produce him/her forthwith before this Child Welfare Board returning this warrant with an endorsement certifying what you have done under it immediately upon its execution.

Given under my hand and the seal of the Child Welfare Board.

This..... day of...............19.

Signature Chairman, Child Welfare board

Seal

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Related judgement on Assam (Management, Function and Responsibilities of Special School, Children's Home and Observations Homes) Rules, 1976