Assam Children Act, 1970
No: 12 Dated: Apr, 28 1971
THE ASSAM CHILDREN ACT, 1970
ASSAM ACT XII OF 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
Preliminary
1. Short title extent and commencement. - (1) This Act may be called the Assam Children Act, 1970.
(2) It extends 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.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context-
(a) "Begging" means begging as defined in the Assam Prevention of Begging Act, 1964 (Assam Act XVIII of 1964);
(b) "Board" means a Child Welfare Board constituted under Section 4;
(c) "Brothel", "prostitute", "prostitution" and "public place" shall have the meaning respectively assigned to them in the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Central Act 104 of 1956);
(d) "Child" means a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years;
(e) "Children's Court" means a Court constituted under Section 5;
(f) "Children's Home" means an institution established or certified by the State Government under Section 9 as a Children's Home;
(g) "Competent authority" means in relating to neglected children, a Board constituted under Section 4 and in relation to delinquent children a Children's Court constituted under Section 5, and where 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 conferred on a Board or Children's Court;
(h) "Dangerous drug" shall have the meaning assigned to it in the Dangerous Drugs Act, 1930 (2 of 1930);
(i) "Delinquent child" means a child who has been found to have committed an 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 charge 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 or settled place of abode or any ostensible means of subsistence or is found destitute, whether he is an orphan or not; or
(iii) has a parent or guardian who is unfit to exercise or does not exercise proper care and control over the child; or
(iv) 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 an prostitute or any other person who leads an immoral, drunken or deprived life;
(l) "Observation Home" means any institution or place established or recognised by the State Government under Section 11 as an Observation Home;
(m) "Offence" means an offence punishable under may law for the time being in force;
(n) "Prescribed" means prescribed by rules made under this Act;
(o) "Prohibition Officer" means an Officer appointed as a Prohibition Officer under this Act or under the Prohibition of Offenders Act, 1958 (20 of 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 Prohibition 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 expressions used but not defined in this Act and defined in the Code of Criminal Procedure, 1898 (Act V of 1898) shall have the meanings assigned to them in that Code.
3. Continuation of inquiry in respect of child who has ceased to be a child. - Where an inquiry has been initiated against a child and during the course of such inquiry the child ceases to be such, then, notwithstanding anything contained in this Act or in any other law for the time being in force, the inquiry may be continued and orders may be made in respect of such person as if such person had continued to be child.
Chapter II
Competent Authorities and Institution for Children
4. Child Welfare Boards. - (1) The State Government may, by notification in the Official Gazette constitute for any area specified in the notification, one or more Child Welfare Boards for exercising the power and discharging the duties conferred or imposed on such Board in relation to neglected children under this Act.
(2) The Board shall consist of a Chairman and such other members as the State Government thinks fit to appoint, of whom not less than one shall be a woman; and every such members shall be vested with the powers of a Magistrate under the Code of Criminal Procedure, 1898 (Act V of 1898).
(3) The Board shall function as a Bench of Magistrate and shall have the powers conferred by he Code of Criminal Procedure, 1898 (Act V of 1898) on a Magistrate of the First Class.
5. Children's Courts. - (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) the State Government may, by notification in the Official Gazette, constitute for 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 consist of such number of Magistrates forming a Bench as the State Government thinks fit to appoint, of whom one shall be designated as the Senior Magistrate and not less than one shall be a woman and every such Bench shall have the powers conferred by the Code of Criminal Procedure, 1898 (Act V of 1898) on a Magistrate of the First Class.
6. Procedure in relation to Boards and Children's Courts. - (1) In the event of any difference of opinion among the members of a Board or among the Magistrate of a Children's Court, the opinion of the majority shall prevail, but where there is no such majority, the 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 notwithstanding 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 of Magistrate, as the case may be, during any stage of the proceeding.
(3) No person shall be appointed as a Member of the Board or as a Magistrate in the Children's Court unless he has on the opinion of the State Government, special knowledge of child psychology and child welfare.