PUNJAB CHILDREN

^[1][1]THE PUNJAB CHILDREN ORDINANCE, 1983

(Pb. Ord. XXII of 1983)

[14 December 1983]

An Ordinance to consolidate and amend the law for the control, care, protection, treatment and rehabilitation of children in the Province of the Punjab

Preamble.— Whereas it is expedient to consolidate and amend the law for the control, care, protection, treatment and rehabilitation of children in the province of the Punjab.

            NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (C.M.L.A. Order No. 1 of 1977) and the Provisional Constitution Order, 1981 (C.M.L.A. Order No. 1 of 1981) the Governor of the Punjab is pleased to make and promulgate the following Ordinance:-

PART I

PRELIMINARY

1.         Short title, extent and commencement.— (1) This Ordinance may be called the Punjab Children Ordinance, 1983.

            (2)       It extends to the Province of the Punjab.

            (3)       Sections 1 and 3 shall come into force at once, whereas the remaining provisions of this Ordinance shall come into force in such areas and from such dates as Government may, by notification in the official Gazette, specify.

2.         Savings.— Government may, by notification in the official Gazette, direct that all or any of the provisions of this Ordinance shall not apply to any class of children in the Province or in any particular area.

3.         Definitions.— (1) In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say—

      (a)  “authorised school” means a school, or educational institution established or certified by Government under section 6;

      (b) “begging” means—

              (i)  soliciting or receiving alms in a public place;

             (ii)  entering any private premises for purpose of soliciting or receiving alms;

               (iii)  exposing or exhibiting with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease;

            (iv)  having no visible means of subsistence and wandering about or remaining in any public place in such condition or manner as makes it likely that the person doing so exists by soliciting or receiving alms; and

             (v)  allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms;

            but does not include soliciting or receiving money or food or gifts for a purpose authorised by any law or authorised in the prescribed manner by the District Magistrate or by Government;

      (c)  “brothel” means any house, part of a house, room or place in which a prostitute resides or carries on prostitution or any place or institution where facilities are known to be available for prostitution;

      (d) “Code” means the Code of Criminal Procedure, 1898;

      (e)  “dangerous drug” means any article defined as “dangerous drug” in the Dangerous Drugs Act, 1930;

      (f)  “final order” means an order passed by a Juvenile Court or any Court empowered to exercise the powers of a Juvenile Court, under sections 16 to 18, 32, 34, 37 and 39;

      (g) “immoral behaviour” includes any act or conduct which is indecent or obscene;

      (h) “Juvenile Court” means a Court established under section 4 of the Punjab Youthful Offenders Ordinance, 1983;

      (i)  “Juvenile institution” means an institution for the reception of children established or certified under section 6;

      (j)  “Probation Officer” means an officer appointed under section 8;

      (k) “Prostitution” means promiscuous sexual intercourse for hire, whether in money or kind;

      (l)  “Voluntary home” means any place for the reception of children maintained wholly or partly by voluntary contributions.

            (2)       Words and expressions used herein and not defined in this Ordinance but defined in the Code or the Punjab Youthful Offenders Ordinance, 1983 shall have the meanings respectively assigned to them in that Code or Ordinance.

4.         Continuation of proceedings against child of attaining specified age.— For the purposes of this Ordinance a person shall be deemed to be a child, if at the time of the initiation of any proceedings against him under this Ordinance, such person has not attained the age of fifteen years, and any such proceedings shall be continued and orders may be passed in respect of such person under this Ordinance as if he were a child notwithstanding that during the course of such proceedings he may have attained the age of fifteen years.

PART II

JUVENILE COURTS AND JUVENILE INSTITUTIONS

5.         Powers and functions of Juvenile Courts empowered to exercise powers of Juvenile Courts.— The powers and functions of Juvenile Courts and Courts empowered to exercise powers of Juvenile Courts under the Ordinance shall be as provided in Part II of the Punjab Youthful Offenders Ordinance, 1983 and the provisions of the said Part II section 39 and Part VIII of the said Ordinance shall, as far as may be, be applicable to all trials and proceedings, including appeals, under this Ordinance:

            Provided that a Juvenile Court shall not have power to try any case in which an adult is charged with any offence mentioned in Part V of this Ordinance.

6.         Establishment and authorisation of schools.— (1) Government may establish and maintain authorised schools or juvenile institutions for the reception of children.

            (2)       Government may certify any industrial school or other educational institution not established under sub-section (1) to be fit for the reception of children.

            (3)       Government may establish an association or society in any local area for the after-care of children discharged from authorised schools or juvenile institutions and may regulate its activities and functions in the prescribed manner.

7.         Administration and management of authorised schools and juvenile institution.— The provisions of sections 23 to 33, both inclusive, of the Punjab Youthful Offenders Ordinance, 1983 shall mutatis mutandis apply to authorised schools and juvenile institutions as if the said provisions had been enacted in this Ordinance, and—

      (a)  any reference to a certified school were a reference to an authorised school; and

      (b) any reference to a fit person institution were a reference to a juvenile institution.

PART III

OFFICERS, THEIR POWERS AND DUTIES

8.         Appointment of officers.— (1) Government may for the purposes of this Ordinance appoint the following officers:-

      (a)  Chief Inspector;

      (b) Inspectors and Assistant Inspectors;

      (c)  Probation Officers;

      (d) Such other officers as may be necessary.

            (2)       Any society recognized in this behalf by Government may also appoint a Probation Officer.

            (3)       A Juvenile Court or any Court empowered to exercise the powers of a Juvenile Court may, for the purposes of any particular case or proceedings under the Ordinance in respect of a child, appoint any person as a Probation Officer if in its opinion such appointment is expedient or necessary.

9.         Supervision and control of Probation Officer.— A Probation Officer, in the performance of his duties under this Ordinance, shall be under the control, supervision and guidance of the Juvenile Court, where such Court exists and elsewhere of the ^[2][2][District Coordination Officer].

10.     Powers and duties of Probation Officers and Inspectors.— The powers and duties of the Chief Inspector, Inspectors and Assistant Inspectors and of Probation Officers shall be such as are provided in this Ordinance and the rules made thereunder and in accordance with the general or special orders which Government or any officer authorised in this behalf may make for the purpose of carrying out the provisions of the Ordinance.

PART IV

MEASURE FOR THE CARE AND PROTECTION OF DESTITUTE AND NEGLECTED CHILDREN

11.    Children found homeless, destitute etc.— Any police officer or other person authorised in this behalf in accordance with the rules may bring—

           (i)  before a Juvenile Court, if such Court is established for the area and is sitting, or

          (ii)  if a Juvenile Court is not established for the area or if it is not sitting,

                 before a Magistrate empowered to exercise the powers of a Juvenile Court; any person who in his opinion is a child and who—

                 (a)  has no home, or is wandering without any settled place or abode and without visible means of subsistence, or is being found at any place, other than a factory under the Factories Act, 1934, doing for a consideration any act under the circumstances contrary to the well-being of the child; or

                 (b) is destitute and has no means of subsistence other than that of charity, has no parent or guardian, or has a parent or guardian unfit to exercise or incapable of exercising proper care and guardianship; or

                 (c)  is known to associate or live with any prostitute or person or persons of criminal or drunken habits; or

                 (d) is lodging or residing in or frequently residing at a place or places used for the purposes of prostitution, drinking or gambling; or

                 (e)  is otherwise likely to fall into bad association or to be exposed to moral danger, or to enter upon a life of crime.

12.     Procedure when Magistrate is not empowered to pass order under this Ordinance.— When any Magistrate not empowered to exercise the powers of a Juvenile Court is of the opinion that a person brought before him is a child, he shall record such opinion and submit the proceeding and forward the child to the nearest Juvenile Court having jurisdiction, and where such Court does not exist, to the ^[3][3][Sessions Judge] to whom he is subordinate.

13.    Police Officer to make report if child has parent.— If the child requiring care and protection on any of the grounds mentioned in sub-clauses (a) to (e) of clause (ii) of section 11, has a parent or guardian who has actual charge of, or control over the child, the police officer or other person authorised under section 11 shall, in the first instance, make a report to the Juvenile Court established for the area, or if a Juvenile Court has not been established for that area, to the nearest Magistrate empowered to exercise the powers of a Juvenile Court.

14.    Court or Magistrate may direct production of child by parent or guardian.— The Juvenile Court or Magistrate to which or whom a report is made under section 13, may—

              (i)  call upon such parent or guardian to produce the child before it or him and to show cause why the said child should not, during the pendency of the proceedings, be removed from his care; and may on suitable sureties being offered for the safety of such child and for his being brought before it or him, permit the child to remain in the actual charge or control of his parent or guardian; or

          (ii)  if it appears to the Court or Magistrate that the child is likely to be removed from the jurisdiction of the Court or the Magistrate or to be concealed, issue a search warrant for the production of the child, and order his immediate removal to a place of safety.

15.    Examination of police officer or person producing or reporting.— (1) The Court before which a child is brought under section 11 or is produced under section 14 shall examine the police officer or the authorised person who brought the child or made the report and record the substance of such examination and may send the child to an approved home for further inquiries.

            (2)       On the date fixed for the production of the child or for the inquiry or on any subsequent date to which the proceedings may be adjourned, the Court shall hear and record all evidence which may be adduced and consider any cause which may be shown why an order directing the child to be admitted to an authorised school or a juvenile institution or be given in the care of a fit person should not be passed and may make any further inquiry it thinks fit.

16.    Entrusting a child to the care of authorised school or to fit person.— (1) If on inquiry the Court is satisfied that such person is a child as is described in section 11 and that it is expedient so to deal with him the Court may order that he be admitted to an authorised school or a juvenile institution or be entrusted to the care of a relative or other fit person named by the Court, who is able and willing to look after the child, until such child attains the age of eighteen years, or in exceptional cases for a shorter period, the reason for such shorter period to be stated in writing and the Court may, if it thinks fit, allow such child to remain in the care and protection of his parent or guardian executing a bond in the prescribed form, with a direction that such child be placed on probation.

            (2)       The Court which makes an order for entrusting a child to the care of a relative or other fit person may, when making such order, require such relative or other person to execute a bond, with or without sureties, as the Court may require, to be responsible for the good behaviour and well-being of the child and for the observance of such other conditions as the Court may impose for ensuring that the child may lead an honest, virtuous and industrious life.

              (3)         The Court which makes an order for entrusting a child to the care of a relative or other fit person under this section may, in addition, order that he be placed under supervision for any period not exceeding three years.

            (4)       The Court may from time to time during the supervision period compel the production of the child in the Court to satisfy itself that the conditions of the said bond are being carried out.

            (5)       If at any time it appears to the Court, on a report from a Probation Officer or otherwise, that there has been a breach of a supervision order, it may, after making such inquiries as it deems fit, order the child, in respect of whom the supervision order has been made, to be admitted into an authorised school or given in the care of a fit person.

17.    Sending of child having place of residence outside jurisdiction.— In the case of a child whose ordinary place of residence lies outside the jurisdiction of the Court before which it is brought, the Court may, if satisfied after due inquiry that it is expedient so to do, send the child back to a relative or a fit person, who is able and willing to receive him at his native place and take proper care of and exercise control over him.

18.    Uncontrollable children.— (1) Where the parent or guardian of a child complains to a Juvenile Court, or, if a Juvenile Court is not established for the area, to a Court empowered to exercise the powers of a Juvenile Court, that he is not able to control his child, the Court, if satisfied on inquiry that the case appears to be one of which cognizance should be taken, shall send the child to a place of safety for observation or treatment and for any further inquiry that it may deem necessary.

            (2)       If on the inquiry, the Court is satisfied that it is expedient so to deal with the child, it may—

             (i)  order the child to be admitted to an authorised school, or a juvenile institution; or

            (ii)  entrust the child to the care of his parent, guardian or relative or any other proper person, under a bond with or without sureties, and place the child under supervision for a period not exceeding three years.

PART V

SPECIAL OFFENCES IN RESPECT OF CHILDREN

19.    Punishment for cruelty to children.— Whoever, not being a parent, having the actual charge of or control over a child, wilfully assaults, ill-treats, neglects, abandons or exposes him or causes or procures him to be assaulted, ill-treated, neglected, abandoned or exposed or negligently fails to provide adequate food, clothes or medical aid or lodging for the child in a manner likely to cause such child unnecessary mental and physical suffering, shall be punished with imprisonment of either description for a term which may extend to six months or with fine which may extend to five hundred rupees or with both:

            Provided that the administration of reasonable punishment to a child by the person having lawful control over or charge of the child, for any good or sufficient reason, shall not be deemed to be an offence under this section.

20.    Employing child for begging.— Whoever employs any child for the purpose of begging or causes any child to beg or whoever having the custody, charge or case of a child connives at or encourages his employment for the purpose of begging and whoever uses a child as an exhibit for the purpose of begging shall be punished with imprisonment of either description for a term which may extend to one year or with fine which way extend to five hundred rupees or with both.

21.    Penalty for giving intoxicating liquor or dangerous drug to child.— Whoever gives or causes to be given to any child any intoxicant or narcotic or dangerous drug, except upon the prescription or advice of a duly qualified and registered medical practitioner in case of sickness or other urgent cause, shall be punished with imprisonment of either description for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.

22.    Penalty for permitting child to enter places where liquor or dangerous drugs are sold.— Whoever—

           (i)  takes a child to any place where an intoxicant is served or consumed; or

          (ii)  being the proprietor, owner or a person incharge of such place, permits a child to enter such place; or

         (iii)  causes or procures a child to go to such place shall be punished with fine which may extend to five hundred rupees.

23.    Penalty for inciting child to bet or borrow.— Whoever, by words, spoken or written, or by signs, or otherwise, incites or attempts to incite a child to make any bet or wager or to enter into or take any share or interest in any betting or wagering transaction shall be punished with imprisonment of either description for a term which may extend to six months or with fine which may extend to two hundred rupees or with both.

24.    Penalty for taking on pledge of articles from child.— Whoever takes an article on pledge from a child whether offered by that child on his own behalf or on behalf of any person, shall be punished with imprisonment of either description for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.

25.    Penalty for allowing or permitting child to be in brothel.— Whoever allows or permits a child over the age of four years to reside in or to frequent a brothel shall be punished with imprisonment of either description for a term which may extend to two years or with fine which may extend to one thousand rupees or with both.

26.    Penalty for causing or encouraging, seduction etc. of young girl.— (1) Whoever having the actual charge of, or control over a girl under the age of sixteen years, abets, causes or encourages the seduction (which shall include inducement to indulge in immoral behaviour) or prostitution of that girl or causes or encourages any one other than her husband, to have sexual intercourse with her, shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to one thousand rupees or with both.

            (2)       For the purposes of this section a person shall be deemed to have abetted, caused or encouraged the seduction or prostitution of a girl or to have induced her to behave immorally if he has knowingly allowed the girl to consort with, or to enter or continue in the employment of any prostitute, or person of known immoral character.

27.    Seduction or outrage of modesty.— Whoever, seduces or indulges in immoral behaviour with a girl under the age of sixteen years not being her husband, shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to one thousand rupees or with both.

28.    Exploitation of child employed.— (1) Whoever secures a child ostensibly for the purpose of menial employment or for labour in a factory or other establishment, but in fact lives on his earnings or withholds his earnings, shall, on conviction, be punished with fine which may extend to one thousand rupees.

            (2)       Whoever secures a child ostensibly for any of the purposes mentioned in sub-section (1) but exposes such a child to the risk of seduction, sodomy, prostitution or other immoral conditions, shall be punished with imprisonment of either description for a term which may extend to two years or with fine which may extend to one thousand rupees or with both.

            (3)       Any person who avails himself of the labour of a child exploited in the manner referred to in sub-section (1) or (2) or for whose immoral gratification such child is used, shall be liable as an abettor.

29.    Penalty for abetting escape of child.— Whoever—

         (a)  Knowingly assists or induces, directly or indirectly a child admitted in an approved school or juvenile institution to escape from the school or the institution or any child to escape from the person to whose care he has been entrusted under the provisions of the Ordinance, or

         (b) Knowingly harbours, conceals, connives at or prevents from returning to an approved school or to a juvenile institution or to any person to whose care he is entrusted under the Ordinance a child who has so escaped, or knowingly assists or connives at so doing,

shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

30.    Offences under this part cognizable.— All offences under this part shall be cognizable.

31.    Offences falling under Hudood Laws to be punished under those laws.— Notwithstanding anything to the contrary contained in this Ordinance, if any of the acts referred to in this part constitutes an offence under—

             (i)  the Prohibition (Enforcement of Hadd) Order, 1979;

            (ii)  the Offences against Property (Enforcement of Hudood) Ordinance, 1979;

             (iii)  the Offence of Zina (Enforcement of Hudood) Ordinance, 1979;

           (iv)  the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979;

the same shall be taken cognizance of, investigated, tried and punished under the aforesaid laws in accordance with the procedure applicable to such offences.

PART VI

MEASURES FOR KEEPING CHILDREN IN PLACE OF SAFETY, ETC.

32.    Retaining a child in place of safety.— (1) Any Police Officer, not below the rank of Assistant Sub-Inspector of Police or a person authorised in this behalf in accordance with rules made by Government may take to a place of safety any child in respect of whom there is reason to believe that an offence under sections 19, 20 and 26 has been or is likely to be committed.

            (2)       A child so taken to a place of safety and also any child who seeks refuge in a place of safety may be kept there until he can be brought before a Juvenile Court or a Court exercising the powers of a Juvenile Court:

            Provided that in the absence of a special order of the Court the period for which a child may be kept in a place of safety shall not exceed twenty-four hours exclusive of the time necessary for the journey from the place of safety to the Court.

            (3)       When any such child as is referred to in sub-section (1) or (2) is produced before a Juvenile Court or a Court exercising the power of a Juvenile Court, such Court may make such order as is hereinafter provided.

33.    Court’s power for care and retention of child.— (1) Where it appears to the Court that there is reason to believe that an offence referred to in section 32 has been committed or is likely to be committed in respect of any child who is brought before it, and that it is expedient in the interest of the child that action should be taken under the Ordinance, the Court may make such order as circumstances may admit or require for the care and custody of the child until a reasonable time has elapsed for the institution of proceedings against the person for having committed the offence in respect of the child or for the purpose of taking such other lawful action as may be necessary.

            (2)       The order of custody made under sub-section (1) shall remain in force until such time as the proceedings instituted against any person for an offence referred to in sub-section (1) terminate in either conviction, discharge or acquittal:

            Provided that if the proceedings terminate in the conviction of the person, the order of custody shall remain in force for further period of one month.

            (3)       An order passed under this section shall be given effect to, notwithstanding ­that any person claims the custody and care of the child.

34.    Victimised child to be sent to Juvenile Court or ^[4][4][Sessions Judge].— Any Magistrate by whom a person is convicted of having committed an offence in respect of a child, or before whom a person is brought for trial for any such offence or by whom a person is bound over to keep the peace towards a child shall direct that the child against whom the offence has been committed, or in relation to the alleged offence against whom the trial is in progress, or in relation to keeping the peace towards whom the person concerned has been bound over, shall be produced before a Juvenile Court with a view to that Court making such interim and final orders as may be proper:

            Provided that in an area where no Juvenile Court has been established, the Magistrate shall submit his proceedings and forward the child to the ^[5][5][Sessions Judge] ^[6][6][* * *] to whom he is subordinate.

35.    Order for admission of a victimized child into an authorised school or Juvenile Institution.— The Court or Magistrate before which or whom a child is produced in accordance with section 34 may, if it or he deems fit, for reasons to be recorded in writing, order the child to be admitted to an authorised school or juvenile institution, or deal with him in any other manner provided in section 16.

36.    Order under section 35 to be in force even if conviction of alleged victimization is set aside.— Where an order is made under section 35 and the conviction referred to in section 34 or the order binding the person to keep the peace is set aside or the person is acquitted, the order made under section 35 shall remain in force but it shall be open to the person so acquitted or discharged from his bond to apply for a reconsideration of the said order in consequence of the altered circumstances.

37.    Warrant to search for child.— (1) If it appears to a Juvenile Court or any Court empowered to exercise the powers of a Juvenile Court from information on oath or solemn affirmation laid by any person who, in its opinion, is acting in the interest of a child that there is reasonable cause to suspect that—

         (a)  the child has been or is being wilfully ill-treated or neglected in any place within its jurisdiction in a manner likely to cause the child unnecessary suffering or to be injurious to his health; or

         (b) an offence under the Ordinance has been or is being committed or unless immediate steps are taken will be committed in respect of the child, the Court may issue a warrant authorising any Police Officer named therein to search for such child and if it is found that he has been or is being wilfully ill-treated or neglected in manner aforesaid or that any offence as aforesaid has been or is being committed in respect of the child, to take him to or keep him in a place of safety until he can be brought before it, it may in the first instance send him to a place of safety in the prescribed manner.

            (2)       The Court issuing a warrant under this section may in its discretion by the same warrant, direct that any person accused of any offence in respect of the child be apprehended and brought before it, or direct that if such person executes a bond with sufficient sureties for his attendance before the Court on a specified date and at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.

            (3)       The Police Officer executing the warrant shall be accompanied by the person laying the information if such person so desires and may also, if the Court by whom the warrant is issued so directs, be accompanied by a duly qualified medical practitioner.

            (4)       In any information or warrant under this section the name of the child shall be given if known.

38.    Information false and frivolous or vexatious information.— (1) If in any case in which information has been laid before a Court by any person under the provisions of section 37, the Court, after such inquiry as it may deem necessary, is of the opinion that such information is false and either frivolous or vexatious, the Court may, for reasons to be recorded in writing direct that compensation, not exceeding two hundred rupees, as it may determine, be paid by such informer to the person against whom the information was laid.

            (2)       Before making any order for the payment of compensation, the Court shall call upon the informer to show cause why he should not pay compensation and shall consider any cause which such informer may show.

            (3)       The Court may, by its order directing payment of compensation, further order that in default of payment the person ordered to pay such compensation shall suffer simple imprisonment for a term not exceeding thirty days.

            (4)       When any person is imprisoned under sub-section (3), the provisions of sections 68 and 69 of the Pakistan Penal Code shall, so far as may be, apply.

            (5)       No person who has been directed to pay compensation under this section shall, by reason of such order, be exempted from any civil or criminal liability in respect of the information given by him but any amount paid as compensation shall be taken into account in any subsequent civil suit if any relating to such matter.

            (6)       When an order for payment of compensation is made under sub-section (1), the compensation shall not be paid to the person ordered to receive it before the period allowed for the presentation of an appeal has expired or if an appeal is presented, before the appeal has been decided.

PART VII

MAINTENANCE AND TREATMENT OF CHILDREN DEALT WITH UNDER THE ORDINANCE

39.    Period of detention, contribution of parents.— Subject to the provisions of section 41, a child ordered to be admitted to an authorised school or juvenile institution shall, where such child is under the age of fifteen years, be kept in such school or institution till he reaches the age of eighteen years:

            Provided that where special circumstances exist and the interest of the child so demands, the Court may, for reasons to be recorded in writing, order him to be so kept for a shorter period.

40.    Contribution of parents.— Where an order has been made for the admission of a child into an authorised school or juvenile institution or given into the care of a relative or other fit person, the provisions of sections 55 to 58, 64, 65, 68 and 69 of the Punjab Youthful Offenders Ordinance, 1983 shall mutatis mutandis apply as if the said provisions had been enacted in this Ordinance and—

         (a)  any reference to a certified school were a reference to an authorised school;

         (b) any reference to a fit person institution were a reference to a juvenile institution;

         (c)  any reference to detention of commitment were a reference to retention in or admission to an authorised school or juvenile institution; and

           (d)  any reference to a Youthful Offender were a reference to a child.

PART VIII

MISCELLANEOUS

41.    Discharge of a child from an authorised school or juvenile institution or from the care of any person to whose care he was entrusted.— (1) Government may at any time order a child to be discharged from an authorised school or juvenile institution, either absolutely or on such conditions as Government deems appropriate.

            (2)       Government may, at any time in its discretion, discharge a child from ­the care of any person to whose care he is entrusted under the Ordinance, either absolutely or on such conditions as Government deems appropriate.

42.    Transfers between institution and those of like nature in different parts of Pakistan.— (1) Government may, in consultation with the manager of any authorised school or juvenile institution, consent to the transfer to that school or institution of any child in respect of whom an order has been made in by a competent authority in any Province of Pakistan of the nature of an order under the Ordinance directing him to be sent to an authorised school or juvenile institution or an institution of like nature and upon such transfer the provisions of the Ordinance shall apply to such child.

            (2)       Government may direct any child to be transferred from any authorised school or juvenile institution in the Province to any school or institution of a like nature in any other Province of Pakistan in respect of which provisions similar to that in the Province of Punjab are made by the Government of that Province under any law in force therein:

            Provided that no child shall be so transferred without the consent of the Government of that Province.

43.    Bonds taken under the Ordinance.— The provisions of Chapter XLII of the Code shall so far as may be, apply to bonds taken under the Ordinance.

44.    Chief Inspector, Inspectors, Probation Officers and persons authorised to be declared to be public servants.— The Chief Inspector, Inspectors, Assistant Inspectors, Probation Officers and all other persons authorised or entitled to act under any of the provisions of this Ordinance, shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code (XLV of 1860).

45.    Protection of action taken under this Ordinance.— No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is, in good faith, done or intended to be done under this Ordinance.

46.    Power of Government to make rules.— (1) Government may make rules for carrying out the purposes of this Ordinance.

            (2)       In particular and without prejudice to the generality of the foregoing provision such rules may provide for all or any of the following matters, namely:-

              (a)  the establishment or certification, management, maintenance of records and accounts of authorised schools, the education and industrial training of inmates in such institutions and their leave of absence; the appointment of visitors and their tenure of office, the inspection of such authorised schools and other institutions for the reception of poor children and the internal management and discipline of authorised schools either established or certified by Government;

             (b)  the powers and duties of the Chief Inspector, Inspectors and Assistant Inspectors and Probation Officers;

              (c)  the recruitment and training of personnel responsible for various functions under this Ordinance;

             (d)  the conditions on which societies may be recognised by Government for providing Probation Officers, the employment of such officers and matters incidental to their appointment, authorization, resignation and removal and the remuneration and expenses payable to them;

              (e)  the manner in which children shall be taken under care and protection by officers in charge of police stations under section 11;

              (f)  the manner of authorising persons for the purposes of sections 11 and 32;

             (g)  the manner in which a child shall be ordered to be admitted to an authorised school or juvenile institution or to be given in care of a relative or other fit person under sections 16 and 35 and the form of bond under sub-section (2) of section 16;

             (h)  the manner in which a child shall be sent back to his native place under section 17;

              (i)  the manner in which a child shall be kept in a place of safety under sub-section (1) of section 37;

              (j)  the manner in which contribution for the maintenance of a child admitted to an authorised school or juvenile institution may be ordered to be paid by his parent or other person liable to maintain the child;

             (k)  the conditions under which a child may be permitted to leave an authorised school or juvenile institution;

              (l)  the conditions subject to which children may be entrusted to the care and protection of persons under the Ordinance and the obligations of such persons towards the children so entrusted; and

            (m)  any other matter which is or may be prescribed under the Ordinance.

            (3)       The power to make rules under the Ordinance shall be subject to the condition of previous publication.

47.    Repeal and Saving.— (1) The Punjab Children Act, 1952 (Act VI of 1953), referred to as the said Act is hereby repealed.

            (2)       Notwithstanding the repeal of the said Act everything done, action taken, obligation, liability, penalty or punishment incurred, inquiry or proceeding commenced, officer appointed or person authorised, jurisdiction or power conferred, rule made and order or notification issued under any of the provisions of the said Act shall, if not inconsistent with the provisions of this Ordinance, be continued and so far as may be, be deemed to have been respectively done, taken, incurred, commenced, appointed, authorised, conferred, made or issued under this Ordinance.

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^[1][1]This Ordinance was promulgated by the Governor of the Punjab on 12th December, 1983; and, published in the Punjab Gazette (Extraordinary) dated 14th December, 1983; pages 1875-G to 1875-V.

^[2][2]Substituted for the words “District Magistrate” by the Punjab Children (Amendment) Ordinance 2001 (III of 2002), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

^[3][3]Substituted for the words “District Magistrate” by the Punjab Children (Amendment) Ordinance 2001 (III of 2002), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

^[4][4]Substituted for the words “District Magistrate” by the Punjab Children (Amendment) Ordinance 2001 (III of 2002), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

^[5][5]Substituted for the words “District Magistrate” by the Punjab Children (Amendment) Ordinance 2001 (III of 2002), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

^[6][6]The words “or Sub-Divisional Magistrate” omitted ibid.