Children Act, 1960

59. Power to make rules

(1) The Administrator may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

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

(a) the places at which, the days on which, the time at which, and the manner in which, a competent authority may hold its sittings;

(b) the procedure to be followed by a competent authority in holding inquiries under this Act; and the mode of dealing with children suffering from dangerous diseases or mental complaints;

(c) the circumstances in which, and the conditions subject to which, an institution may be certified as a special school or a children’s home or recognized as an observation home, and the certification or recognition withdrawn;

(d) the internal management of special schools, children’s home and observation homes ⁹[and the standards and the nature of services to be maintained by them];

(e) the functions and responsibilities of special schools, children’s homes and observation homes;

(f) the inspection of special schools, children’s homes, observation homes and after-care organizations;

(g) the establishment, management and functions of after-care organizations; the circumstances in which, and the conditions subject to which, an institution may be recognized as an after-care organization ⁹[and such other matters as are referred to in section 12];

(h) the qualifications and duties of probation officers;

(i) the recruitment and training of persons appointed to carry out the purposes of this Act and the terms and conditions of their service;

(j) the conditions subject to which a girl who is a neglected or delinquent child may be escorted from one place to another, and the manner in which a child may be sent outside the jurisdiction of a competent authority;

(k) the manner in which contribution for the maintenance of a child may be ordered to be paid by a parent or guardian;

(l) the conditions under which a child may be placed out on license and the form and conditions of such license;

(m) the conditions subject to which children may be placed under the care of any parent, guardian or other ⁴[fit person or fit institution] under this Act and the obligations of such ¹⁷[ persons or institutions] towards the children so placed;

(n) any other matter which has to be, or may be, prescribed.

¹³ [(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

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