CHILDREN AND YOUNG PERSONS

(1) There may be appointed, for each Magistrate’s Court, a person or persons, by name or by office, to be or to act as Magistrate or Magistrates of that court when that court is sitting as a Juvenile Court.

(2) There may be appointed, for each Municipal Court, a person[3] or persons, by name or by office, to be or to act as Magistrate or Magistrates of that court when that court is sitting as a Juvenile Court.

(3) Where the number of persons to be appointed for any court under subsection (1) or subsection (2) is less than three, the person or each of the persons to be so appointed must be an advocate or a proctor or a person who holds or has held judicial office ; and in every other case, one at least of the persons to be so appointed for any court must be an advocate or a proctor or a person who holds or has held judicial office.

(4) A woman shall not be disqualified, by reason only of her sex, from being appointed as a Magistrate under subsection (1) or subsection (2).

(5) Every person appointed under subsection (1) or subsection (2) shall be known as a Children’s Magistrate of the judicial division or municipal town for which he is appointed, and is hereinafter referred to as ” a Children’s Magistrate “.

(6) Where the number of Children’s Magistrates appointed for any Magistrate’s Court or Municipal Court is less than three, the jurisdiction conferred by this Ordinance or by any other written law on such court, sitting as a Juvenile Court, shall be exercised by the Magistrate or either of the Magistrates so appointed.

(7) Where the number of Children’s Magistrates appointed for any Magistrate Court or Municipal Court is three or more, the jurisdiction conferred by this Ordinance or by any other written law on such court, sitting as a Juvenile Court, may be exercised either-

(8) In any case where any three Children’s Magistrates sit together as provided in subsection (7), such Magistrates shall elect one of their number to be the chairman of the court for the sitting, and-

(9) In this section “judicial office ” does not include the office of President of a rural court or the office of Children’s Magistrate.

(1) Notwithstanding anything in any written law to the contrary but subject as hereinafter provided, a Magistrate’s Court sitting as a Juvenile Court shall have jurisdiction to hear and determine any case in which a child or young person is charged with any offence other than a scheduled offence and any question of law or fact arising in such case.

(2) A Municipal Court sitting as a Juvenile Court shall have no jurisdiction to hear and determine any case in which a child or young person is charged with having committed an offence other than an offence which, in the case of an adult, is triable by such Municipal Court under the provisions of the Municipal Councils Ordinance or of any other written law.

(3) A Rural Court sitting as a Juvenile Court shall have no jurisdiction to hear and determine any case in which a child or young person is charged with having committed any offence other than an offence, which, in the case of an adult, is triable by such court under the provisions of the Rural Courts Ordinance or of any other written law.

(1) Subject as hereinafter provided, no charge against a child or young and no application whereof the hearing is by this Ordinance or by any other written law assigned to Juvenile Courts, shall be heard by a court of summary jurisdiction which is not a Juvenile Court:

Provided that-

(1) A Juvenile Court shall sit as often as may be necessary for the purpose of exercising any jurisdiction conferred on such court by or under this Ordinance or any other written law.

(2) A Juvenile Court shall sit in a different building or room from that in which sittings of courts other than Juvenile Courts are held:

Provided, however, that this subsection shall not apply in the case of a Rural Court sitting as a Juvenile Court, if a different building or room is not available for the sittings of such Juvenile Court.

(3) No person shall be present at any sitting of a Juvenile Court except-

(1) A Juvenile Court sitting for the purpose of hearing a charge against, or an application relating to, a person who is believed to be a child or young person may, if it thinks fit so to do, proceed with the hearing and determination of the charge or application, notwithstanding that it is discovered that the person in question is not a child or young person.

(2) Where the court before which any person is bound by his recognizance under Chapter XXV of the Criminal Procedure Code or under the provisions of the Rural Courts Ordinance or any rules made thereunder to appear is a Juvenile Court, the attainment by him of the age of sixteen years shall not deprive that court of jurisdiction to enforce his attendance and’ deal with him in respect of any failure to observe the conditions of his recognizance, or of jurisdiction to vary or discharge the recognizance.

(1) Where a child or young person is brought before a Juvenile Court for any offence which that court has jurisdiction to hear and determine, it shall be the duty of the court as soon as possible to explain to him in simple language the substance of the alleged offence.

(2) Where a child is brought before a Juvenile Court for any offence which that court has jurisdiction to hear and determine, the case shall be tried and determined in that court.

(3) Where a young person is brought before a Municipal Court or a Rural Court sitting as a Juvenile Court, for any offence which that Juvenile Court has jurisdiction to hear and determine, the case shall be tried and determined by such Juvenile Court.

(4) Where a young person is brought before a Magistrate’s Court sitting as a Juvenile Court for any offence which that Juvenile Court has jurisdiction to hear and determine, the following provisions shall apply :-

(5) In every case which is tried by a Juvenile Court in accordance with the provisions of this section the court shall adopt the following procedure ;-

(1) Where a Juvenile Court is satisfied that a child or young person is guilty of an offence in respect of which that court has jurisdiction under this Ordinance, that court shall, for the purpose of deciding how the child or young person should be dealt with, take into consideration any information which may be available regarding the antecedents and circumstances of the child or young person, including any information supplied by a probation officer under section 17, and may summon and examine any probation officer or other person and may also put to the child or young person any question arising out of such information or examination.

(2) For the purpose of enabling any information regarding the antecedents and circumstances of the child or young person to be obtained, the court may, if it is a Magistrate’s Court sitting as a Juvenile Court, remand the child or young person for a period not exceeding twenty-one days to a remand home or to the custody of a fit person; and when any child or young person has been so remanded the court may-

(1) The Judge of the Supreme Court or any five of them of whom the chief justice shall be one may frame rules of court for regulating the procedure and practice in Magistrates’ Courts and Municipal Courts sitting as Juvenile Courts; and the provisions of the Criminal Procedure Code shall apply to the procedure and practice in such Juvenile Courts, in so far as those provisions are not inconsistent with the provisions of this Ordinance or of any rules framed under this subsection.

(2) The matters for which rules may be framed under subsection (1) shall be deemed to be added to the list of matters for which rules may be framed, constituted, and established under section 49 of the Courts Ordinance; and the provisions of that section of that Ordinance shall apply accordingly to any rules of court framed under subsection (1) for the purposes of this Ordinance,

(3) The Minister of Justice[1] may frame rules for regulating the procedure and practice in Rural Courts as Juvenile Courts; and the provisions of the Rural Courts’ Ordinance and of any rules made there under relating to the procedure and practice in criminal cases before such courts shall, in so far as those provisions are not inconsistent with the provisions of this Ordinance or of any rules made under this subsection, apply in cases heard by a Rural Court sitting as a Juvenile Court.

(4) The matters for which rules may be framed under subsection (3) shall be deemed to be added to matters for or in respect of which rules may be under the rural courts Ordinance relating to the procedure and practice in criminal cases before Rural Courts; and the provisions that Ordinance, shall apply accordingly to any rules made under subsection (3) for the purposes of this Ordinance.

(1) Where a person apparently under the age of sixteen years is arrested, with or without warrant, and cannot be brought forthwith before the competent court of summary jurisdiction, the person making the arrest shall take such person to the nearest police station and the officer in charge of that station shall inquire into the case and shall release such person if a recognizance is entered into by him or his parent or guardian (with or without sureties) for such an amount as will, in the opinion of the officer, secure his attendance upon the hearing of the charge:

Provided, however, that where the competent court of summary jurisdiction is a Magistrate’s Court, the officer in charge of the station may detain and deal with him in the manner provided in subsection (2) if-

(2) Where a person apparently under the age of sixteen years having been arrested is not so released as provided in subsection (1), the officer in charge of the station shall cause him to be detained in a remand home or in the residence of any person nominated by the Minister[1] under subsection (3) until he can be brought before the competent court of summary jurisdiction, unless the officer certifies-

and the certificate shall be produced to the court before which he is brought.

(3) The Minister[1] may by notification in the Gazette nominate for any area any number of responsible persons in whose residences any person apparently under the age of sixteen years may be detained for the purposes of subsection (2).

(1) Any court on remanding or committing for trial a child or young person who is not released on bail, shall, instead of committing him to prison, commit him to custody in a remand home, or in the residence of a fit and proper person named in the commitment, to be there detained for the period for which he is remanded or until he is thence delivered in due course of law:

Provided that in the case of a young person it shall not be obligatory on the court so to commit him if the court certifies that he is of so unruly a character that he cannot safely be so committed or that he is of so depraved a character that he is not a fit person to be so detained.

(2) A commitment under this section may be varied, or, in the case of a young person who proves to be of so unruly a character that he cannot safely be detained in such custody, or to be of so depraved a character that he is not a fit person to be so detained, revoked, by the court which made the order, or if application cannot conveniently be made to that court, by the nearest Magistrate’s Court having jurisdiction in the place where the court which made the order sat, and if it is revoked, the young person may be committed to prison.

(1) Where a child or young person is charged with any offence or is for any other- reason brought before a court, his parent or guardian may in any case, and shall if he can be found and resides within a reasonable distance, be required to attend at the court before which the case is heard or determined during all the stages of the proceedings unless the court is satisfied that it would be unreasonable to require his attendance

(2) Where a child or young person is arrested or taken to a place of safety the person by whom he is arrested or the officer in charge of the police station to which he is brought or the person by whom he is taken to the place of safety, as the case may be, shall cause the parent or guardian of the child or young person if he can be found, to be warned to attend at the court before which the child or young person will appear.

(3) A court may issue a summons requiring the attendance of a parent or guardian at such time and place as may be specified therein; and any summons so issued shall-

(4) The parent or guardian whose attendance shall be required under this section shall be the parent or guardian having the actual possession and control of the child or young person :

Provided that if that person is not the father, the attendance of the father may also be required.

(5) The attendance of the parent of a child or young person shall not be required under this section in any case where the child or young person was, before the institution of the proceedings, removed from the custody or charge of his parent by an order of a court.

(1) Where a child or young person is to be brought before a Magistrate’s Court or before a Juvenile Court in respect of an offence alleged to have been committed by him, or as being in need of care or protection, the officer in charge of the police station to which the child or young person is taken shall forthwith notify the day and hour when and the nature of the charge or other grounds on which, the child or young person is to be brought before the court, to the probation officer, or one of the probation officers, for the area within the jurisdiction of such court.

(2) A probation officer who has received a notification under the last foregoing subsection shall make such investigations and render available to the court such information as to the home surroundings, school record, health, and character of the child or young person as appear to him to be likely to assist the court.

(1) Where, in any proceedings in relation to an offence against, or any conduct contrary to, decency or morality, a person who, in the opinion of the court, is a child or young person is called as a witness, the court may direct that all or any persons, not being members or officers of the court or parties to the case, their attorneys-at-law, or persons otherwise directly concerned in the case, be excluded from the court during the taking of the evidence of that witness.

(2) The powers conferred on a court by this section shall be in addition and without prejudice to any other powers of the court to hear proceedings in camera.

(1) In relation to any proceedings in any court, other than a Juvenile Court, which arise out of any offence against, or conduct contrary to, decency or morality-

(2) Any person who publishes any matter in contravention of subsection (1) shall be guilty of an offence and shall on conviction after summary trial before a Magistrate be liable to a fine not exceeding five hundred rupees

(1) A child shall not be ordered to be imprisoned for any offence, or be committed to prison in default of payment of a fine.

(2) A young person shall not be ordered to be imprisoned for any offence, or be committed to prison in default of payment of a fine, unless the court certifies that he is of so unruly a character that he cannot be detained in a remand home or certified school or that he is of so depraved a character that he is not a fit person to be so detained.

(3) The provisions of subsection (2) shall be in addition to and not in substitution of any other provisions of any written law limiting or restricting the power of a court to order a person to be imprisoned in default of a fine, and such other provisions shall apply in the case of a young person in so far as they are not inconsistent with the provisions of subsection (2).

(1) Where in lieu of sentence of death, a sentence of detention during the Governor-General pleasure has, under section 53 of the Penal Code, been passed by any court in respect of a person who, in the opinion of the court is under the age of eighteen years, the court may order that person to be detained in a remand home until the pleasure of the Governor-General is made known.

(2) Where a child or young person is convicted on indictment of any scheduled offence other than murder and the court is of opinion that none of the other methods in which the case may legally be dealt with is suitable, the court may sentence the offender to be detained for such period as may be specified in the sentence ; and where such a sentence has been passed the child or young person shall, during that period, notwithstanding anything in the other provisions of this Ordinance, be liable to be detained in such place and on such conditions as the Minister[3] may direct.

Where such a sentence is passed, the court shall remand the child or young person to a remand home pending his detention pursuant to the directions of the Minister[3].

(3) A person detained pursuant to the directions of the Governor-General under this section shall, while so detained, be deemed to be in legal custody.

(4) Any person so detained as aforesaid may, at any time, be discharged by the Minister[3] on licence. Such a licence may be in such form and may contain such conditions as the Minister[3] may direct, and may at any time be revoked or varied by the Minister[3].

Where a licence has been revoked the person to whom the licence related shall return to such place as the Minister[3] may direct, and, if he fails to do so, may be apprehended without warrant and taken to that place.

(1) Where a child or young person is found guilty by any court of an offence punishable in the case of an adult with imprisonment, whether with or without a fine, the court may order that he be committed to custody in a remand home for such term as may be specified in the order, not exceeding the term for which he might, but for this Ordinance, be ordered to be imprisoned, nor in any case exceeding one month.

(2) In any case in which an order is made under subsection (1), the court may in addition make an order under section 28 (1) or section 29 (1).

(1) Where a child who has attained the age of twelve years or a young person is found guilty by any court of an offence punishable in the case of an adult with imprisonment, whether with or without a fine, the court may order him to be sent to an approved or certified school.

(2) In any case in which an order is made under subsection (1), the court may in addition make an order under section 28 (1) or section 29 (1).

(1) Where a child or young person is found guilty by any court of any offence the court may-

(2) In any case in which an order is made under subsection (1), the court may in addition make an order under section 28 (1) or section 29 (1).

(3) Where a court makes an order under paragraph (b) of subsection (1), it may in such order give such directions with regard to the supervision of the child or young person as it may think fit.

(4) Where a court makes an order under paragraph (c) of subsection (1), the provisions of Chapter XXV of the Criminal Procedure Code shall be applicable in the case of the child or young person in respect of whom the order is made.

(1) Where a child or young person is charged before any court with any offence punishable in the case of an adult with a fine the court, if it is of opinion that the case would be best met by the imposition of a fine, whether with or without any other punishment, may in any case, and shall if the offender is a child, order that the fine awarded be paid by the parent or guardian of the child or young person instead of by the child or young person, unless the court is satisfied that the parent or guardian cannot be found or that he has not conduced to the commission of the offence by neglecting to exercise due care of the child or young person.

(2) In any case in which an order is made under subsection (1), the court may in addition make an order under section 29(1).

(3) An order under subsection (1) may be made’ against a parent or guardian who, having been required to attend, has failed to do so, but save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard.

(4) Any sum ordered under subsection (1) to be paid by a parent or guardian may be recovered from him as if it were a fine and in like manner as if the order had been made on the conviction of the parent or guardian of the offence with which the child or young person is charged.

(5) A parent or guardian may appeal to the Supreme Court against an order under subsection (1) if made by any court other than the Supreme Court and the provisions of Chapter XXX of the Criminal Procedure Code shall apply to an appeal so preferred.

(1) Where a child or young person who is a male is found guilty by any court of any offence, the court may, if it is for any reason of opinion that the case is one in which corporal punishment should be inflicted, make order that the child or young person shall receive not more than six strokes with a light cane or rattan,- such strokes to be inflicted in the presence of the court and, if the parent of the child or young person desires to be present, in his presence:

Provided that no order under this section shall be made in any case unless the court also makes an order under not more than one of the following sections :-

25(1), 26(1), 27 (1) and 28(1).

(2) Every court which makes an order under subsection (1), shall record in writing its reasons for making such order.

(1) Any court by or before which a child or young person is found guilty of an offence other than murder may, if it thinks fit, remit the case to the Magistrate’s Court sitting as a Juvenile Court of the district within which the offence was committed; and where any such case is so remitted, the offender shall be brought before such Juvenile Court accordingly, and that court may deal with him in any way in which it might have dealt with him if he had been tried and found guilty by that court.

(2) No appeal shall lie against an order of remission made under subsection (1), but nothing in this subsection shall affect any right of appeal against the verdict or finding on which such an order is founded, and a person aggrieved by the order of the Juvenile Court to which the case was so remitted may to the Supreme Court as if he had been tried and found guilty by the Juvenile Court.

(3) A court by which an order remitting a case to a Juvenile Court is made under subsection (1) may give such directions as appear to be necessary with respect to the custody of the offender or for his release on bail until he can be brought before the Juvenile Court, and shall cause to be transmitted to the Juvenile Court a certificate setting out the nature of the offence and stating that the offender has been found guilty thereof and that the case has been remitted for the purpose of being dealt with under subsection (1).

(a) a child or young person with respect to whom he is authorized to give directions under section 24 (2); or

(b) a young person who has been ordered to be imprisoned and has been pardoned by the Governor-General on condition of his agreeing to undergo training in a school,

shall be transferred or sent to and detained in an approved or certified school specified in the order; and any such order shall be an authority for the detention of the person to whom it relates until such date as may be specified in the order :

Provided that the date to be so specified shall be not later than that on which he will in the opinion of the Minister[1] attain the age of nineteen years nor later-

(1) For the purposes of this Ordinance a child or young person in need of care or protection means a person who is-

(2) For the purposes of this section, the fact that a child or young person is found destitute, or is found wandering without any settled place of abode and without visible means of subsistence, or is found begging or receiving alms (whether or not there is any pretence of singing, playing, performing or offering anything for sale), or is found loitering for the purpose of so begging or receiving alms, shall, without prejudice to the generality of the provisions of paragraph (a) of subsection (1), be evidence that he is exposed to moral danger.

(1) If a Magistrate’s Court sitting as Juvenile Court is satisfied that any person Courts in brought before the court under this section by any officer of a local authority, or by any police officer or authorized person, is a child or young person in need of care or protection, the court may either-

(2) Any officer of a local authority, or any police officer or authorized person having reasonable grounds for believing that a child or young person is in need of care or protection may bring him before a Magistrate’s Court sitting as a Juvenile Court-

(3) For the purposes of this section, the expression ” authorized person ” means any officer of a society which is authorized by general or special order of the Governor-General to institute proceedings under this section, and any person who is himself so authorized.

(1) Any court by or before which a person is convicted of having committed in respect of a child or young person any of the offences mentioned in the First Schedule or any offence under section 77, may-

(2) Where any court has, under this section, directed that a child or young person be brought before a Magistrate’s Court sitting as a Juvenile Court, it shall be the duty of the officer or person specified in that behalf in the order to bring the child or young person before such a court under section 35.

(1) A police officer of a rank not below that of Sub-Inspector or any person authorized by any court, may take to a place of safety any child or young person in respect of whom any of the offences mentioned in the First Schedule to this Ordinance has been or is believed to have been committed, or who is about to be brought before a Juvenile Court in accordance with section 35 or section 36, and a child or young person so taken to a place of safety, and any child or young person who has taken refuge in a place of safety, may be detained there until he can be brought before a Juvenile Court.

(2) If a Juvenile Court before which any child or young person is brought is not in a position to decide whether any and, if so, what, order ought to be made under section 35 or section 36, it may make such interim order as it thinks fit for his detention or continued detention in a place of safety or for his committal to the care of a fit person, whether a relative or not, who is willing to undertake the care of him,

An interim order under this subsection shall not remain in force for more than twenty-eight days; but if at the expiration of that period the court deems it expedient to do so, it may make a further interim order.

(1) Where a court makes an order under any of the provisions of this Ordinance placing a child or young person under the supervision of a probation officer or of some other fit person, that officer or person shall, while the order remains in force-

(2) Where the probation officer or other person named in the order as aforesaid placing a child or young person under supervision has died or is unable for any reason to carry out his duties, or where it is made to appear that it is for any reason desirable that another person should be appointed in the place of that officer or person, a Juvenile Court may appoint another probation officer or person to act in his place.

(1) A court before making an approved school order with respect to any child or young person shall endeavour to ascertain his religious persuasion.

(2) A court or the Governor-General or the Minister[1], in determining the approved school to which a person is to be sent shall, where practicable, select a school for persons of the religious persuasion to which he belongs.

(3) Where an order has been made sending a person to an approved school which is not a school for persons of the religious persuasion to which he belongs, his parent, guardian, or nearest adult relative may apply-

Provided that nothing in this subsection shall empower a court, or impose an obligation upon the Minister[3], to comply with any request as aforesaid unless-

(1) An approved or certified school order may be made to take effect immediately, or its operation may be postponed to a later date specified in the order or to be subsequently specified by endorsement thereon in accordance with the provisions of this Ordinance:

Provided that the operation of any such order shall not be postponed except pending the completion of arrangements for the reception of the child or young person into a suitable school or on account of his ill-health.

(2) If an approved or certified school order is not made to take effect immediately, or if, at the time when such an order takes effect, the child or young person cannot be sent to the school, the court which made the order or any other court which would have jurisdiction to make an endorsement thereon under the next following section may make an order committing him either to custody in any place to which he might be committed on remand or to the custody of a fit person to whose care he might be committed under this Ordinance and, subject as hereinafter provided, that order shall have effect until he is sent to an approved or certified school in pursuance of the order :

Provided that an order made under this subsection shall not remain in force for more than twenty-eight days, but if at the expiration of that period any such court as aforesaid considers it expedient so to do the court may make a further order under this subsection.

(3) Any order made under this subsection may be made in the absence of the child or young person concerned.

(1) Every approved or certified school order shall contain a declaration as to the age and religious persuasion of the child or young person with respect to whom the order is made, and shall specify the name and address, if ascertainable, of the parents, guardian or nearest adult relative of the child or young person.

(2) Every approved or certified school order which is made to take effect immediately shall-

(3) Where an approved or certified school order is not made to take effect immediately, then if either the date to which its operation is postponed or the school to which the child or the young person is to be sent or the authority or person who is to be responsible for conveying him, is not specified in the order, the date, school, authority, or person, shall be subsequently specified by endorsement thereon.

(4) If for any reason a child or young person with respect to whom an approved or certified school order has been made cannot be received into the approved or certified school specified in or endorsed upon the order, another school may be specified by an endorsement or further endorsement thereon, as the case may be.

(5) An endorsement under the foregoing provisions of this section may be made either-

(6) An approved or certified school order made by reason of the commission of an offence under section 77 (which relates to the punishment of a vagrant preventing a child from receiving education) shall state that it is so made.

(1) Where a court orders a child to be sent to an approved or certified school, the order shall be an authority for his detention in an approved or certified school, as the case may be, until the expiration of a period of three years from the date of the order, and, if at the expiration of that period he is under the age of fourteen years, for his further detention until he attains that age.

(2) Where a court orders a young person to be sent to an approved or certified school the order shall be an authority for his detention in such school until the expiration of a period of three years from the date of the order.

(1) The Court which makes, or makes any endorsement upon, an approved or certified school order shall cause it to be delivered to the person responsible for conveying the child or young person to the school, and the authority or person conveying him to the school shall deliver the ‘order to the headmaster or person for, the time being in charge of the school.

(2) The court by which an approved or certified school order is made shall cause a record in the prescribed form, embodying all such information in the possession of the court with respect to the child or young person as is in the opinion of the court material to be known by the manager of the school, to be prepared and transmitted to the headmaster or person for the time being in charge of the school.

(3) The authority or person specified in any approved or certified school order to be responsible for conveying a child or young person to the school shall be responsible for conveying him there and any expenses incurred in doing so shall be deemed to be an expense incurred in the administration of this Ordinance for the purposes of section 86.

(4) Where a child or young person has been ordered to be sent to an approved or certified school, any person who harbours, conceals, or aids him after the time has come for him to go to the school shall be guilty of an offence and shall on conviction after summary trial before a Magistrate be liable to imprisonment of either description for a term not exceeding two months or to, a fine not exceeding two hundred rupees, or to both such imprisonment and fine.

(5) Where the authority or a person authorized to take a child or young person to an approved or certified school, is, when the time has come for the child or young person to go to the school, unable to find him or unable to obtain possession-of him a Magistrate may, if satisfied by information on oath that some person named in the information can produce the child or young person, issue a summons requiring the person so named to attend at the court on such day as may be specified in the summons and produce the child or young person, and if he fails to do so without reasonable excuse he shall in addition to any other liability to which he may be subject under the provisions of this Ordinance, be guilty of an offence and shall be liable to a fine not exceeding fifty rupees.

(1) A person sent to an approved or certified school shall, after the expiration of the period of his detention, be under the supervision of the manager of the school, if at the expiration of that period he has not attained the age of fourteen years, until he attains the age of sixteen years.

(2) The manager may, and, if the Minister[1] so directs, shall, by notice in writing, recall to the school any person under his supervision who is at the date of recall under the age of sixteen years:

Provided that a person shall not be so recalled unless in the opinion of the manager, or, as the case may be, of the Minister[1], it is necessary in his interests to recall him.

(3) A person who has been so recalled shall be released as soon as the manager thinks that he can properly be released, and in no case shall he be detained-

(4) The manager shall forthwith notify the Director of Education of the recall of any person and shall state the reasons for his recall, and when the manager releases any person so recalled he shall forthwith notify the Director of Education that he has done so.

(5) For the purposes of this Ordinance a person who is out under supervision from an approved or certified school shall be deemed to be under the care of the manager of the school.

(1) Before making an order under this Ordinance committing a child or young person to the care of a fit person, the court shall endeavour to ascertain the religious persuasion of the child or young person, and in selecting the person to whose care the child or young person is to be committed, the court shall, if possible, select a person who is of the same religious persuasion as the child or young person or who gives an undertaking that he will be brought up in accordance with that religious persuasion.

(2) Every order committing a child or young person to the care of a fit person shall contain a declaration-

(3) Every order committing a child or young person to the care of a fit person shall, subject to the provisions of this Ordinance, remain in force until he attains the age of sixteen years.

(4) The person to whose care a child or young person is committed by any such order as aforesaid shall, while the order is in force, have the same rights and powers and be subject to the same liabilities in respect of his maintenance as if he were his parent, and the person so committed shall continue in his care notwithstanding any claim by a parent or any other person.

(1) The Minister[1] may by Order[1] published in the Gazette establish one or more remand homes for the purposes of this Ordinance.

(2) The Minister[1] may appoint one or more persons by name or by office to be Visitors to any remand home established under subsection (1).

(1) Where a child or young person is committed to custody in a remand home, the order shall be delivered with the child or young person to the person in charge of the home and shall be sufficient authority form the detention of that child or young person in the home in accordance with the tenor of the order.

(2) A child or young person while so detained and while being conveyed to and from the remand home shall be deemed to be in lawful custody.

(3) A child or young person who escapes from a remand home may be apprehended without warrant and brought back thereto; and any person who knowingly assists or induces a child or young person so to escape or knowingly harbours or conceals a child or young person who has so escaped, or prevents him from returning, shall be guilty of an offence and shall on conviction after summary trial before a Magistrate be liable to a fine not exceeding two hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment.

(1) The manager of any boarding school may apply to the Director of Education to approve the school for the purpose of the education, training and detention of children and young persons to be sent there in pursuance of this Ordinance, and the General may, subject to the approval of the Minister[3], and after making such inquiries as he thinks fit, issue a certificate of approval to the manager of that school.

(2) If at any time the Minister[1] is dissatisfied with the condition of management of a school so approved or considers its continuance as an approved school unnecessary, he may, by notice served on the manager, withdraw the approval of the school, as from a date specified in the notice, not being less than six months after the date of the notice, and upon the date so specified (unless the notice is previously withdrawn) the withdrawal of the approval shall take effect and the school shall cease to be an approved school:

Provided that the Minister[1], instead of withdrawing the approval, may by a notice served on the manager of the school prohibit the admission of persons to the school for such time as may be specified in the notice, or until the notice is revoked.

(3) The manager of an approved school may, on giving six months’ notice in writing to the Director of Education of his intention so to do, surrender the certificate of approval of the school, and at the expiration of six months from the date of the notice (unless the notice is previously withdrawn), the surrender of the certificate shall take effect, and the school shall cease to be an approved school.

(4) No person shall in pursuance of this Ordinance be received into the care of the manager of an approved school after the date of the receipt by the manager of the school of a notice of withdrawal of the certificate of approval of the school or after the date of a notice of intention to surrender the certificate; but the obligation of the manager with respect to persons under his care at the respective dates aforesaid shall continue until the withdrawal or surrender takes effect.

(5) Notification of the grant of any certificate of approval of an approved school and of any notice of the withdrawal of, or intention to surrender, such a certificate, shall, within one month from the date thereof, be published in the Gazette.

(1) The Minister[1] may by Order published in the Gazette establish one or more certified schools for the purposes of this Ordinance.

(2) The Minister[1] may appoint to each certified school-

(3) The provisions of section 35 of the Education Ordinance shall apply mutatis mutandis in the case of every certified school and of the children and young persons in every such school.

(1) Rules may be made-

(2) Rules made under subsection (1) may distinguish between different schools or classes of schools.

(3) The power to make rules under subsection (1) shall-

(1) The Minister[1] may, by Order published in the Gazette, classify approved and certified schools according to the age of the persons for whom they are intended, the religious persuasion of such persons, the character of the education and training given therein, their geographical position, and otherwise as he thinks best calculated to secure that a person sent to an approved or certified school is sent to a school appropriate to his case, or as may be necessary for the purposes of this Ordinance.

(2) The manager of an approved or certified school shall be bound to accept any person who, in pursuance of this Ordinance, is sent or transferred to his school or otherwise to his care, unless-

(1) Where a child or young person who is detained in an approved school is of a religious persuasion other than that of the proprietor or manager of the school, such child or young person shall not, except with the express written consent of his parent, be required or permitted by the person for the time being in charge of the school to attend any religious worship or religious observance or any instruction in religious subjects in the school or elsewhere.

(2) Where a child who is detained in any approved school is of the same religious persuasion as that of the proprietor or manager of the school, such child or young person may be compelled by the person for the time being in charge of the school to attend any religious worship or religious observance or any instruction in religious subjects.

(1) Any person who has been axed to be sent to an approved or certified school and who-

may be apprehended without warrant, and may (the provisions of any other written law to the contrary notwithstanding), be brought before the Magistrate’s Court, sitting as a Juvenile Court, of the division in which he is found or his school is situate; and that court may (notwithstanding any limitations contained in this Ordinance upon the period during which he may be so detained in an approved or certified school) order him-

(2) Where a person is under subsection (1) brought back to his school, the period of his detention shall (notwithstanding any limitations contained in this Ordinance upon the period during which he may be detained in an approved or certified school) be increased, over and above any increase ordered by a court, by a period equal to the period during which he was unlawfully at large.

(3) If any person knowingly-

(4) If a Magistrate is satisfied by information on oath that an offence under subsection (1) has been committed and that there is reasonable ground for believing that some person named in the information could produce the offender, the court may issue a summons requiring that person to attend at the court on such date as may be specified in the summons, and to produce the offender, and if he fails to do so without reasonable excuse, he shall, in addition to any other liability to which he may be subject under the provisions of this Ordinance, be guilty of an offence and shall be liable to a fine not exceeding fifty rupees.

(1) The provisions of this section apply in relation to orders under this Ordinance committing a child or young person to the care of a fit person, and in this section the expressions ” child ” and ” young person” mean a person with respect to whom such an order is in force irrespective of whether at the date of the making of the order, or at any subsequent date while the order is in force, he was, or is, a child or young person.

(2) The Minister[1] may, if he thinks fit, make rules as to the manner in which children and young persons so committed are to be dealt with and as to the duties of the persons to whose care they are committed.

(3) The Minister[1] may, at any time in his discretion, discharge a child or young person from the care of the person to whose care he has been committed and any such discharge may be granted either absolutely or subject to conditions.

(4) An order committing a child or young person to the care of a fit person may, on the application of any person, be varied or revoked-

(5) If, on an application made by the parent or guardian or any near relative of a child or young person committed by any such order as aforesaid, any court having power to vary or revoke the order is satisfied that he is not being brought up in accordance with his religious persuasion, the court shall, unless a satisfactory undertaking is offered by the person to whose care he has been committed, either revoke the order or vary it in such manner as the court thinks best calculated to secure that he is thenceforth brought up in accordance with that persuasion.

(1) A child or young person who runs away from a person to whose care he has been committed under this Ordinance may be apprehended without warrant and brought back to that person, if he is willing to receive him, and if he is not willing to receive him, may be brought-

and that court may make any order with respect to him which the court might have made if that child or young person had been brought before it as being a child or young person who, having no parent or guardian, was beyond control.

(2) Any person who knowingly-

shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding two hundred rupees or to imprisonment of either description for a term not exceeding two months, or to both such fine and imprisonment

(1) Subject to the provisions of this section and of any regulation made thereunder no child shall be employed-

(2) The Minister[1] may, with the concurrence of the Minister charged with the subject of Labour, 2 make regulations with respect to the employment of children, and any such regulations may distinguish between children of different ages and sexes and between different localities, trades, occupations and circumstances, and may contain provisions-

so, however, that no such regulations shall modify the restrictions contained in the last foregoing subsection save in so far as is expressly permitted by paragraph (a) of this subsection, and any restriction contained in any such regulations shall have effect in addition to the said restrictions.

(3) Nothing in paragraph (c) or in paragraph (d) of subsection (1), or in any regulation made under this section, shall prevent a child from taking part without fee or reward in an entertainment the net proceeds of which are devoted to any charitable or educational purpose or to any purpose other than the private profit of the promoters.

(1) Subject to the provisions of this section, the Minister [1] may, with the concurrence of the Minister charged with the subject of Labour, 2 make regulations with respect to the employment of persons under the age of eighteen years other than children, and any such regulation may distinguish between persons of different ages and sexes, and between different localities, trades, occupations and circumstances, and may contain provisions prescribing-

(2) Nothing in this section shall empower the Minister [1] to make regulations with respect to-

(3) This section shall not come into operation until such date as may be appointed by the Minister by Order[1] published in the Gazette.

(1) A local authority, if satisfied by a report of a registered medical practitioner or otherwise, that any child resident within its area is being employed in such a manner as to be prejudicial to his health or physical’ development, or to render him unfit to obtain the proper benefit from his education, may either prohibit, or attach such conditions as it may think fit to, his employment in that or any other manner, notwithstanding that the employment may be authorized under any other provision of this Ordinance or under the provisions of any other written law.

(2) It shall be the duty of the employer and the parent of any child who is in employment, if required by the local authority, to furnish to the authority such information as to his employment as the authority may require, and, if the parent or employer fails to comply with any requirement of the local authority or wilfully gives false information as to the employment, he shall be guilty of an offence and shall be liable to a fine not exceeding fifty rupees.

(a) shall employ a child in such a manner as to prevent the child from attending school in accordance with the provisions of any written law ; or

(b) having received notice of any prohibition or restriction as to the employment of a child issued under the last foregoing section, shall employ a child in such a manner as to contravene the prohibition or restriction.

(1) If a person is employed in contravention of any of the foregoing provisions of this Part, or of the provisions of any regulation made thereunder, the employer and any person (other than the person employed) to whose act or default the contravention is attributable shall be guilty of an offence and shall on conviction after summary trial before a Magistrate be liable to a fine not exceeding fifty rupees or, in the case of a second or subsequent offence, not exceeding two hundred rupees :

Provided that, if proceedings are brought against the employer, the employer upon complaint duly made by him in accordance with the provisions of section 148 of the Criminal Procedure Code, and on giving to the prosecution not less than three days’ notice of his intention, shall be entitled subject to the provisions of Chapter XV of that Code, to have any person (other than the person employed) to whose act or default he alleges that the contravention was due, brought before the court as. a party to the proceedings, and if, after the contravention has been proved, the employer proves to the satisfaction of the court that the contravention was due to the act or default of the said other person, that person may be convicted of the offence ; and if the employer further proves to the satisfaction of the court that he has used all due diligence to secure that the provisions in question should be complied with, he shall be acquitted of the offence.

(2) Where an employer seeks to avail himself of the proviso to the last foregoing subsection,

(1) No person under the age of twelve years shall be trained to take part in performances of a dangerous nature, and no person under the age of sixteen years shall be trained to take part in such performances except under and in accordance with the terms of a licence granted and in force under this section ; and every person who causes or procures a person, or being his parent or guardian allows him, to be trained to take part in performances of a dangerous nature in contravention of this section, shall be guilty of an offence and shall on conviction after summary trial before a Magistrate be liable to a fine not exceeding fifty rupees or, in the case of a second or subsequent offence, not exceeding two hundred rupees.

(2) A Magistrate may grant a licence for a person who has attained the age of twelve years but is under the age of sixteen years to be trained to take part in performances of a dangerous nature.

(3) An applicant for a licence under this section shall, at least fourteen days before making the application, give notice thereof to the superintendent of the police of the province in which the person is, in accordance with the provisions of the licence, to be trained, and such superintendent may appear, or instruct some person to appear, before the court and show cause why the licence should not be granted, and no licence shall be granted unless the court is satisfied that notice has been so given.

(4) A licence under this section shall specify the place or places at which the person is to be trained and shall embody such conditions as are, in the opinion of the court, necessary for his protection, but a licence shall not be refused if the court is satisfied that the person is fit and willing to be trained and that proper provision has been made to secure his health and kind treatment.

(5) A licence under this section may, on cause being shown by any person, be revoked by the court.

(1) If it is made to appear to a Magistrate by the local authority, or by any police officer, that there is reasonable cause to believe that the provisions of this Part or of a regulation made under the said provisions are being contravened with respect to any person, the Magistrate may by order under his hand addressed to an officer of the local authority, or to a police officer, empower him to enter, at any reasonable time within forty- eight hours of the making of the order, any place in or in connection with which the person in question is, or is believed to be, employed, or as the case may be, in which he is, or is believed to be, taking part in an entertainment or performance, or being trained, and to make enquiries therein with respect to that person.

(2) Any authorized officer of the local authority or any police officer may at any time during the currency of a licence granted under section 67 enter any place where the person to whom the licence relates is authorized by the licence to be trained, and may make enquiries therein with respect to that person.

(3) Any person who obstructs any such officer in the due exercise of any powers conferred on him by or under this section, or who refuses to answer or answers falsely any enquiry authorized by or under this section to be made, shall be guilty of an offence and shall on conviction after summary trial before a Magistrate be liable to a fine not exceeding two hundred rupees.

(1) The provisions of this Ordinance imposing restrictions on employment or on the taking part by children in entertainments, and the provisions of any regulations made under this Part, shall not affect any provisions with respect to school attendance which may be contained in any written law for the time being in force in Ceylon relating to education.

(2) The said provisions shall not apply to a person detained in an approved school.

(3) The said provisions shall be in addition to and not in substitution of the provisions of any written law relating to employment in factories, workshops, mines and quarries, or for giving effect to any international convention regulating employment.

(1) If any person who has attained the age of sixteen years and has the custody, charge, or care of any child or young person, wilfully assaults, ill-treats, neglects, abandons, or exposes him, or causes or procures him to be assaulted, ill-treated, neglected, abandoned, or exposed, in a manner likely to cause him unnecessary suffering or injury to health (including injury to or loss of sight, or hearing, or limb, or organ of the body, and any mental derangement), that person shall be guilty of an offence and shall be liable to a fine not exceeding one thousand rupees or to imprisonment of either description for a term not exceeding three years, or to both such fine and imprisonment.

(2) The provisions of subsection (1I) shall be in addition to and not in substitution of the provisions of section 308 of the Penal Code.

(3) For the purpose of this section-

a parent or other person legally liable to maintain a child or young person shall be deemed to have neglected him in a manner likely to cause injury to his health if, having sufficient means for the purpose, he has failed to provide adequate food, clothing, medical aid or lodging for him.

(4) A person may be convicted of an offence under this section-

(5) Upon the trial of any person who has attained the age of sixteen years for any offence under section 296 or section 297 of the Penal Code, in respect of a child or young person of whom he had the custody, charge, or care, it shall be lawful for the jury, if they are satisfied that he is guilty of an offence under this section to find him guilty of that offence.

(6) Nothing in this section shall be construed as affecting the right of any parent, .teacher, or other person having lawful control or charge of a child or young person to administer punishment to him. (Part IV is repealed by Act No. 47 of 1956.)

(1) If any person having the custody, charge or care of a young person being a female, causes or encourages the commission in respect of her of any offence under section 345 or section 364 or section 364A of the Penal Code, he shall be guilty of an offence and shall be liable to imprisonment of either description for a term not exceeding two years.

(2) Where any offence mentioned in subsection (1) has been committed in respect of a child or young person being a female, a person shall, if he has knowingly allowed her to consort with, or to enter or continue in the employment of, any prostitute or person of known immoral character, be deemed to have caused or encouraged the commission of that offence for the purposes of this section.

(1) Any person, other than the father or mother of a child or young person, who causes or procures that child or young person to be in any street, premises or place for the purpose of begging or receiving alms, or of inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale, or otherwise), shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding five hundred rupees, or to imprisonment of either description for a term not exceeding one year, or to both such fine and imprisonment.

(2) Where any person is arrested for or charged with an offence under subsection (1) in respect of any child or young person and it is claimed that an offence under that subsection has not been committed by reason of the fact that the person so arrested or charged is the father or mother of that child or young person, the burden of proving such fact shall be on the person so arrested or charged.

(1) Any person who sells to a person apparently under the age of sixteen years any tobacco or cigarettes, shall be guilty of an offence and shall be liable, in the case of a first offence to a fine not exceeding twenty rupees, in the case of a second offence to a fine not exceeding fifty rupees, and in the case of a third or subsequent offence to a fine not exceeding one hundred rupees;

Provided that a person shall not be guilty of an offence under this section in respect of any sale to any person on the written order of the parent, guardian or employer of the person to whom the sale is made.

(2) Any police officer may seize any tobacco or cigarettes in the possession of any person apparently under the age of sixteen years whom he finds smoking in any street or public place, and any tobacco or cigarettes so seized shall be disposed of in such a manner as the Inspector-General of Police may direct.

(3) Nothing in this section shall make it an offence to sell tobacco or cigarettes to, or shall authorize the seizure of tobacco or cigarettes in the possession of any person who is at the time employed by a manufacturer of or dealer in tobacco, either wholesale or retail, for the purposes of his business.

(4) For the purposes of this section the expression ” tobacco” includes smoking mixtures intended as a substitute for tobacco, and the expression ” cigarettes” includes cut tobacco rolled up in paper , tobacco leaf, or other material in such form as to be capable of immediate use for smoking.

(1) If a person habitually wanders from place to place and takes with him any child who has attained the age of five years he shall, unless he proves that the child is totally exempted from school attendance or that the child is not by being so taken with him prevented from receiving efficient elementary education, be guilty of an offence and shall be liable to a fine not exceeding ten rupees.

(2) Any police officer who finds a person wandering from place to place and taking a child with him may, if he has reasonable ground for believing that the person is guilty of an offence under this section, apprehend him without a warrant, and may take the child to a place of safety in accordance with the provisions of this Ordinance.

(1) Where a person, whether charged with an offence or not, is brought before any court otherwise than for the purpose of giving evidence, and it appears to the court that he is a child or young person, the court shall make due inquiry as to the age of that person, and for that purpose shall take such evidence as may be forthcoming at the hearing of the case, but an order or judgment of the court shall not be invalidated by any subsequent proof that the age of that person has not been correctly stated to the court, and the age presumed or declared by the court to be the age of the person so brought before it shall, for the purposes of this Ordinance, be deemed to be the true age of that person, and, where it appears to the court that the person so brought before it has attained the age of sixteen years, that person shall for the purposes of this Ordinance be deemed not to be a child or young person.

(2) Where in any charge or indictment for any offence under this Ordinance or any of the offences mentioned in the First Schedule, it is alleged that the person by or in respect of whom the offence was committed was a child or young person or was under or had attained any specified age, and he appears to the court to have been at the date of the commission of the alleged offence a child or young person, or to have been under or to have attained the specified age, as the case may be, he shall for the purposes of this Ordinance be presumed at that date to have been a child or young person or to have been under or to have attained that age, as the case may be, unless the contrary is proved,

(3) Where, in any charge or indictment for any offence under this Ordinance or any of the offences mentioned in the First Schedule, it is alleged that the person in respect of whom the offence was committed was a child or was a young person, it shall not be a defence to prove that the person alleged to have been a child was a young person or the person alleged to have been a young person was a child in any case where the acts constituting the alleged offence would equally have been an offence if committed in respect of a young person or child respectively.

(4) Where a person is charged with an offence under this Ordinance in respect of a person apparently under a specified age it shall be a defence to prove that the person was actually of or over that age.

(a) where the court is a Rural Court, in like manner as a bond or a recognizance executed or entered into under the provisions of any rules of criminal procedure for Rural Courts’ for the time being in Force;

(b) in any other case, in like manner as a bond executed under the provisions of the Criminal Procedure Code.

(1) An appeal shall lie from any order under this Ordinance in the following cases and by the following persons, that is to say-

(2) Nothing in subsection (1) shall be construed as affecting any right of appeal conferred by any provision of this Ordinance or of any other written law.

(3) Every appeal from any order made under this Ordinance by any court, other than the supreme court or a rural court shall lie to the Supreme Court; and the provisions of sections 338 to 352 of the Criminal Procedure Code, shall apply to every such appeal.

(4) For the purposes of any appeal from an order made by a Rural Court under this Ordinance such order shall be deemed to be an appealable decision of a Rural Court in a criminal case, and all the provisions of any written law for the time being in force relating to appeals from decisions of Rural Courts in criminal cases shall apply accordingly in the case of appeals from such orders.

(1) The expenses incurred in the administration of this Ordinance shall be paid out of the Consolidated Fund[1].

(2) The Minister charged with the subject of Education[1] may make regulations providing for the payment of moneys from State funds towards the expenses of the maintenance in approved schools of children and young persons ordered to be detained in such schools in pursuance of the provisions of this Ordinance, and prescribing the conditions upon which and the restrictions subject to which such payments may be made.

(3) Where regulations have been made under subsection (2), all such payments as are authorized thereby shall be made out of such moneys as may from time to time be voted by Parliament[1] for the purpose.

(1) Every rule and every regulation made by a Minister[1] under this Ordinance shall be brought before the Senate and the House of Representatives[1] by a motion that such rule or regulations shall be approved. No rule or regulation made by a Minister[1] shall have effect until it has been approved by the Senate and the House of Representatives. Notification of such approval shall be published in the Gazette.

(2) A rule or regulation made by a Minister[1] when approved by the Senate and the House of Representatives shall, upon the notification of such approval in the Gazette, be as valid and effectual as if it were herein enacted.