Section Section 14
or section 36, as the case may be, without waiting for further confirmation of t
section 14 or section 36, as the case may be, without waiting for further confirmation of the age. (2) In case, the Committee Or the Board has reasonable grounds for doubt regarding whether the person brought before it is a child or not, the Committee or the Board, as the case may be, shall undertake the process of age determination, by seeking evidence by obtaining the date of birth certificate from the school, or the matriculation or equivalent certificate from the concerned examination Board, if available; and in the absence thereof; (ii) the birth certificate given by a corporation or a municipal authority or a panchayat; (iii) and only in the absence of (i) and (ii) above, age shall be determined by an ossification test any other latest medical age determination test conducted on the orders of the Committee or the Board:
Provided such age determination test conducted on the order of the Committee or the Board shall be completed within fifteen days from the date of such order: (3) The age recorded by the Committee or the Board to be the age of person so brought before it shall, for the purpose of this Act; be deemed to be the true age of that person: 95. Transfer of a child to place of residence: (1) If during the inquiry it is found that a child hails from a place outside the jurisdiction, the Board or Committee, as the case may be, shall, if satisfied after due inquiry that it is in the best interest of the child and after due consultation with the Committee or the Board of the child s home district; order the transfer of the child, as soon as possible, to the said Committee or the Board, along with relevant documents and following such procedure as may be prescribed: Provided that such transfer can be made in case of a child in conflict with law, only after the inquiry has been completed and final order passed by the Board: Provided further that in case of inter-State transfer; the child shall be, if convenient; handed over to the Committee or the Board, as the case may be, of the home district of the child, or to the Committee or the Board in the capital city of the home State. (2) Once the decision to transfer is finalised, the Committee or Board, as the case may be, shall give an escort order to the Special Juvenile Police Unit to escort the child, within fifteen days of receiving such order:
Provided that a girl child shall be accompanied by a woman police officer: Provided further that where a Special Juvenile Police Unit is not available, the Committee or Board, as the case may be, shall direct the institution where the child is temporarily staying or District Child Protection Unit, to provide an escort to accompany the child during travel. (3) The State Government shall make rules to provide for travelling allowance to the escorting staff for the child, which shall be paid in advance_ The Committee O the Board, as the case may be, receiving the transferred child will process for restoration Or rehabilitation or social re-integration, as provided in this Act 96. Transfer of child between Children's Homes, Or special homes O fit facility Or fit person in different parts of India: (1) The State Government may at any time, on the recommendation of a Committee or Board, as the case may be, notwithstanding anything contained in this Act; and keeping the
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best interest of the child in mind, order the child s transfer from any Children' s Home or special home or fit facility or fit person, to home or facility, within the State with prior intimation to the concerned Committee or the Board: Provided that for transfer of child between similar home or facility O person within the same district, the Committee or Board, as the case may be, of the said district shall be competent to issue such an order. (2) If transfer is being ordered by a State Government to an institution outside the State, this shall be done only in consultation with the concerned State Government: (3) The total period of stay of the child in a Children's Home Or a special home shall not be increased by such transfer_ Orders passed under sub-sections 1) and (2) shall be deemed to be operative for the Committee or the Board, as the case may be, of the area to which the child is sent: 97. Release of a child from an institution. (1) When child is kept in a Children's Home Or special home, on a report of a probation officer Or social worker O of Government Or voluntary O non - governmental organisation, as the case may be, the Committee the Board may consider, the release of such child, either absolutely o on such conditions as it may think fit to impose, permitting the child to live with parents or guardian Or under the supervision of any authorised person named in the order willing to receive and take charge, educate and train the child, for some useful trade Or calling or to look after the child for rehabilitation: Provided that if a child who has been released conditionally under this section, Or the person under whose supervision the child has been placed, fails to fulfil such conditions, the Board or Committee may_ if necessary, cause the child to be taken charge of and to be placed back in the concerned home. (2) If the child has been released on a temporary basis, the time during which the child is not present in the concerned home in pursuance of the permission granted under sub-section (1) shall be deemed to be part of the time for which the child is liable to be kept in the children or special home: Provided that in case of a child in conflict with law fails to fulfil the conditions set by the Board as mentioned in sub-section (1), the time for which he is still liable to be kept in the institution shall be extended by the Board for a period equivalent to the time which lapses due to such failure. 98. Leave of absence to a child placed in an institution: (1) The Committee or the Board, as the case may be, may permit leave of absence to any child, to allow him; on special occasions like examination, marriage of relatives, death of kith O kin or accident 0 serious illness of parent o any emergency of like nature_ under supervision, for period generally not exceeding seven days in one instance, excluding the time taken in journey: (27 The time during which a child is absent from an institution where he is placed, in pursuance of such permission granted under this section, shall be deemed to be part of the time for which he is liable to be kept in the Children's Home Or special home. (3) If a child refuses, or has failed to return to the Children s Home or special home, as the case may be, on the leave period being exhausted Or permission being revoked or forfeited, the Board or Committee may, if necessary, cause him to be taken charge of and to be taken back to the concerned home: Provided that when a child in conflict with law has failed to return to the special home o the leave period being exhausted or on permission being revoked or forfeited, the time for which he is still liable to be kept in the institution shall be extended by the Board for a period equivalent to the time which lapses due to such failure.
99. Reports to be treated as confidential. ~(1) All reports related to the child and considered by the Committee or the Board shall be treated as confidential: Provided that the Committee or the Board, as the case may be, may, if it so thinks fit, communicate the substance thereof to another Committee o Board 0r to the child o to the child '$ parent O guardian;
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and may give such Committee or the Board or the child or parent or guardian, an opportunity of producing evidence as may be relevant to the matter stated in the report: (2_ Notwithstanding anything contained in this Act; the victim shall not be denied access t0 their case record, orders and relevant papers. 100. Protection of action taken in good faith: -~No suit, prosecution Or other legal proceeding shall lie against the Central Government, or the State Government or any person acting under the directions of the Central Government or State Government, as the case may be, in respect of anything which is done in good faith or intended to be done in pursuance of this Act or of any rules or regulations made thereunder: 101. Appeals: 1) Subject to the provisions of this Act, any person aggrieved by an order made by the Committee or the Board under this Act may, within thirty days from the date of such order, prefer an appeal to the Children' s Court, except for decisions by the Committee related to Foster Care and Sponsorship After Care for which the appeal shall lie with the District Magistrate: Provided that the Court of Sessions, or the District Magistrate, as the case may be, may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time and such appeal shall be decided within period of thirty days. (2) An appeal shall lie against an order of the Board passed after making the preliminary assessment into a heinous offence under
Roop's Law Assist