West Bengal Children Act, 1959
No: 30 Dated: Jan, 03 1961
THE WEST BENGAL CHILDREN ACT, 1959
West Bengal Act XXX of 1959
An Act to consolidate and amend the law relating to the custody, protection, treatment and rehabilitation of juvenile delinquents and of other children in need of care and protection, she trial of juvenile delinquents and certain other matters.
Whereas it is expedient to consolidate and amend the law relating to the custody, protection, treatment and rehabilitation of juvenile delinquents and of other children in need of care and protection, the trial of juvenile delinquents and certain other matters specified herein, including the education of such juvenile delinquents and other children;
It is hereby enacted in the Tenth Year of the Republic of India, by the Legislature of West Bengal, as follows:-
CHAPTER I
Preliminary
1. Short title extent and commencement. - (1) This Act may be called the West Bengal Children Act, 1959.
(2) It extends to the whole of West Bengal.
(3) This section shall come into force at once. The remaining provisions of this Act shall come into [force] in such area or areas and on such date or dates as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act or for different areas.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(a) "adult" means a person who is not less than eighteen years of age;
(b) "borstal school" means a borstal school established or certified by the State Government under section 7, intended for the reception of juvenile delinquents of and above the age of fourteen years;
(c) "certified school" means a reformatory, industrial or borstal school, certified under section 7;
(d) "child" means a person who has not attained the age of eighteen years;
(e) "guardian" in relation to a child includes a person who, in the opinion of the Court having cognizance of any proceeding in relation to the child has for the time being the actual charge of, or control over, that child;
(f) "industrial school" means an industrial school established or certified by the State Government under section 7, intended for the reception of children of and above the age of fourteen years, who are not juvenile delinquents;
(g) "Juvenile court" means a court established under section 4;
(h) "juvenile delinquent" means a child who has been found to have committed an offence;
(i) "neglected child" means a child who--
(i) is found in any street or place of public resort begging or receiving aims; or
(ii) has no home or settled place of abode or is found wandering without 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 tq exercise or does not exercise proper care and control over the child or forces, persuades, encourages or abets the child to lead an immoral or depraved life; or
(iv) lives in a brothel or with a prostitute or frequents a place used for the purpose of prostitution, or is found to associate with any prostitute or any other person who leads an immoral, drunken, depraved or criminal life;
(j) "prescribed" means prescribed by rules made by the State Government under this Act;
(k) "reception home" means any institution or place established or recognised by the Slate Government under section 18 for the temporary reception qf a child;
(l) "reformatory school" means a reformatory school established or certified by the State Government under section 7, intended for the reception of juvenile delinquents or of children other than juvenile delinquents, who have not attained the age of fourteen years.
3. Continuation of Proceedings in respect of a child on his attaining eighteen years. - Notwithstanding anything to the contrary contained in this Act, if during the course of any proceeding under this Act a child attains the age of eighteen years, the proceeding may he continued and orders may be made under this Act in respect of him as if he was a child.
CHAPTER II
Courts and certain institutions under this Act
4. Juvenile 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, 'established for any area specified in the notification one or more juvenile courts for holding inquiries regarding children in pursuance of this Act.
(2) A Magistrate of the first class or a Presidency Magistrate who is considered to be suitable by the State Government shall be appointed by the State Government to preside over a juvenile court.