Keyword(s):
Adult, Borstal School, Certified School, Child, Guardian, Industrial School,
Juvenile Court, Juvenile Delinquent, Neglected Child, Reception Home
West Bengal Act XXX of 1959′
THE WEST BENGAL CHILDREN ACT, 1959.
An Act ro r+m~salidateatfdcrtrre~ld{he law reiuiirlg to 1l1e CIIS~O~~, prorec-
tiolr. trra(taet1t arid rehnbililafiotl of jrtverlile rlelitrqrretl~satld oJ
olher cl~ildretri~rtreed of care artd pmrecrion, rl~etrial of jlrvetllle
rlcli~iqrrentsaild certai~rother arutlers.
WHERE~Sir is expcdicn~10 consolidatc and an~cndthc law rclaring
10 thc custody, pro~cclion,treakmcnt and rehabilirn~ionof juvcnilc
dclinquenrsand ololhcr children in nccd of care and pro~eclion, he [rial
orjuvenile dclinquen~sand ccdain olhermalters specified I~erein,including
thc education of suc11’juvenilc delinquents and orher chjldrcn;
11 is hereby cnacred in lhc Tcnth Year QIthc Republic of India, by
the Legislature of Wes! Bcngnl, as follows:-
CHAPTER I.
Prclirninary.
- (1) This ACLmay be called thc West Bengal Children Act, 1959, Shon [irk,
(2) h exrcnds to the wholc of West Bcngal.
cxicnl md
commcncc-
(3) This sccuon shall comc into forcc a1 once. Thc rcmaining mtnl.
provisions of this Acl shall come into Yorcc in such arca or area and
an such date or datcs as the Slate Government may, by nolification in
rhc OficialGazette, appoint, and different dam may be appoinrcd lor
diflcrcnr provisions ol his ~dtor for different areas. - In this Act. unlcss here is anyrhing repugnant in the subjcct or wfinitions.
conlcxt,-
(a) “adult” means a person who is not less rhan eighlccn years
or agc:
(b) “borslal school” means a borsral school cs~ablishedor
cerlified by thc Srate Governmcnr under secrion 7,intended
for the rcccplion of juvcnilc delinqucnts of and above thc
age or rauneen years;
‘For Starcrnrni of Objcc~sand Rcasons, see the Culcirlra Carcrtc. Erlrrmrdir~nry,
dared thc ?6rh May. 1958, Pm TVA, page 1807; for he Repon or thc Joint Selecr
Commi~tecon the Bill. see ~hcColcttnGcerre. fi~mordirrun~of 16.12.58, Part IVA, p3gc5 5717-5740. For proceedings oithe Wcsr Bengal htcgisln~iveAssembly. see the proceedings ofrhe ~ncctin~softhat Asscn~blyheld on ttac 9th July. 1958 md hc14rh and 15th Novctnbcr, 1959; and for pmccedings of ~hcIPcsl Bcngd Lcgislalivt: Council. Jce fhc pmcccdings oithe !ncstings or [hat Council held on lhc 18h July, 1958 and thc 8rh Ucccrnlxr. 1959. ‘Thc lollowing provisions of [his Act runt inlo force:- (a) ccnnin sections on [he 1st July, 1961, in Calculca How& and ccrlain other pIaccs of Hownh and 2d-Pqanas. Wde notification No. 1955 S.WIIH-IS/ 60,dated rhc 22ndJunc. 1961: published in he Culculm Gnzerrc. Ertraordi~rar). of 1961. PW I. pages 1607-1605. 1 Fnr hrrllacr ~lrfrirrrrrlJpr fnnr.rmr# 7 ram-opfl nope.)IWest Ben. Act (c) “certified school”means a rcforrnarory, induslria1 or borslal school, cenificd under section 7; (d) “child” mcnns a person who has not attained thc age of cighken years; (c) “guardian” in refarion 10 a child includes n person who,in rlie opinion of the Court having cognizance of any proceeding in rclarion lo thc child has for [he rime being !hc actual charge of, or conlrol over, [hat child; (0 “industrial school” mcans an industrial school es~abIishcd orcenjficd by heSrarc Governmcnl under seclion 7,intendcd for thc reception of childrecn of and above the agc of fourtccn years, who are not juvcnile delinquents: (g) juvenile court” means a coun cslablished under seclion 4; (h) “juvenile dclinquen~”mcms a child who has been found ro hwc committed an offence; (i) “negleclcd child” nicans a child rvho- (i) is found in any slrccl or placc of public rcsorl begging or receiving aIms; or (ii) has no homc or serrled place of abode or is round wandering wilhoul any osccnsible meansorsubsis!encc, or is found dewitule, whcher he is an orphan or not; or (iii) has a pnrcnr or guardian who is unfir to enercisc or does not exercise proper care and control over thc child or forccs. persuades, cncouragcs ar abets Ihc child to lead an immoral or depraved lifc; or (iv) lives in n brothel or with a prostitu~eor frcqucnts a place uscd Tor hepurposc of prosiutulion, or is found to associalc with any prosritute or any olher person who leads an immoral, drunkcn, depraved or criminal lifc; Cj) “prcscribed”mcans prescribed by rules madc by thc Sure Govcrnmenl untlcr this Act; (k) “rcccplionhomc”mcansany insritulion or phce established or recognised by rhe Slate Govcmmcnl under scction 18 for the icmporary rcccplion of a child; Ib) dl thc provisions, cncrpl ss. 9. 10.20, 34 md45, on the 14th February, 1963 in lhe Scaldnh Govcmrncnt Railway Palicc District. l4df notification No. 1&1- S.WJLH43/61. datrd ~hs8th February. 1963, published in ~hcCdcutru Cdzerre. firrnorJi(~n: or 1963. PdI. pagc 379.
(c) s. 34 From thc 1st April. ,1963, in Calcutta, Municipdity or Hownh. Policc
Stations OF Bdly, ctc. in thc dinric~ofHowd. Pol~rr:Slalions of Baranag~rc.
erc. in thc disiricr ol24-Pargma adheSealdah Govcrnmnt Railway Police.
file notificationNo.479-S.W./.IA 4163, dalcd ihc 15th March, . 1963, published
rh,. r,r ,,,, ,.. r……. c………. I: -r vnr n_, r-r C-TThe \Vest Berrgul Clzildrerr Act, 1959.
XXX of 1959.1
(I) “refomaroryschool” means areformaroryschool eslablishcd
or cerlificd by he Sbte Govcmmen~undzr seclion 7, in~cnded
for ~hcrecep~ionof juvenilc delinquents or of childrcn orher
lhan juvenilc dclinquenls, who have not auained thc age or
rourleen years. - Notwirhs~andinganything ro ~hccontrary con!aincd in [hisAct, Continua-
if during ihc course of any pmcceding undcr this Ac[ a child ai~ainrthe
age of eighlccn years, the proceeding may be continued and orders may
hc made under [his Act in rcspecl of him as il hc was n child.
DISCLAIMER: This document is being furnished to you for your information by Blinkvisa. The contents of this document have been obtained from sources Blinkvisa believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. Blinkvisa or any persons connected with it do not accept any liability arising from the use of this document. Blinkvisa or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document.
