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Section 52: Control of custodian over chHd

The Kerala Children Act, 1972 (No.3 of 1973)State Act of Kerala · Act 3 of 1973

Any person in whose custody a ch1ld 1s placed in pursuance of this Act shall, while the order IS in force, have the hke control over the child

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as he would have If he were his parent, and shall be responsible for his mamtenance, and the child shall contmue m his custody for the penod stated by the competent authonty, notWithstandmg that he IS clarmed by his parent or any other person

Provided that no child while in such married except w1th the permission of authority custody shall be the competent 53 Delmquent chtld undergomg sentence at the commencement of the Act.-In any area m which this Act Is brought mto force, the Government may direct that a delm­ quent ch1ld who IS undergomg any sentence of Imprisonment at the commencement of this Act shall, m heu of undergo10g such sentence, be sent to a special school or be kept in safe custody 10 such place and manner as the Government thmk fit, for the rema10der of the penod of the sentence , and the provisiOns of this Act shall apply to the child as if he had been ordered by a children's court to be sent to such special school or as the case may be, ordered to be detamed under sub-sectiOn (2) of sectwn 21 54 Appomtment of officers -(1) The Government may appomt as many probation officers, officers for the inspectiOn of children's homes, special schools, observatiOn homes or aftercare orgamsatwns and such other officers as they may deem necessary for carry10g out the purposes of this Act

(2) It shall be the duty of the probatwn officer-

(a) to mquire, 10 accordance With the directiOn of a competent authonty, 10to the antecedents and family history of any neglected child or of any child accused of an offence, With a view to assist the authonty m makmg the 10qUiry;

(b) to visit neglected and delinquent children at such 10tervals as the probatiOn officer may think fit ,

(c) to report to the competent authority as to the behavwur of any neglected or delinquent child ;

(d) to advise and assist neglected or delinquent children and, If necessary, endeavour to find them suitable employment ;

(e) where a neglected or delinquent chtld Is placed under the care of any person on certam conditions, to see whether such cond1tlons are bemg complied with; and

(f) to perform such other duties as may be prescribed.

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(3) Any officer empowered m this behalf by the Govern­ ment may enter any children's home, special school, observation home or aftercare orgamsat10n and make a complete mspectlon thereof m all Its departments and of all papers, registers and accounts relatmg thereto and shall ,.. submit the report of such mspectwn to ·the Government.

55. Officers appomted under the Act to be public servants -Probatwn Officers and other officers appomted m pursuance of this Act shall be deemed to be public servantis Wil.thin the meaning of sect10n 21 of the Indian Penal Code (Central Act 45 of 1860)

Where this provision sits

ActThe Kerala Children Act, 1972 (No.3 of 1973)
Section52
Marginal noteControl of custodian over chHd
JurisdictionState of Kerala
StatusIn force as published by the source

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