Bare ActsThe UTTAR PRADESH CHILDREN ACT, 1951

Section 38

Amendment status not verified — confirm the current text below against the official source.

(1) The Court which makes an order for the detention of a child or youthful offender in an approved school or for the committal of a child or youthful offender to the care of a relative or other fit person may make an order to the parent or such other person liable to maintain the child or youthful offender to contribute to his maintenance, if able to do so in the prescribed manner. (2) The court before making any order under sub-section (1) shall enquire into the circumstances of the parent or other person liable to maintain the child or youthful offender and shall record the evidence, if any, in the presence of the parent or such other person, as the case may be, or when his personal attendance in dispersed with in the presence of his pleader. [The Uttar Pradesh Children Act, 1951] [Section 39- 40] 53 Act no. V of 1898 (3) An order made under this section may be varied by the court from time to time. (4) The persons liable to maintain a child or youthful offender shall for the purposes of sub-section (l) include any person in whose keeping the mother of the child or youthful offender is at the time "hen any order as aforesaid is made whether be is his putative father or not and in the case of illegitimacy his putative father : Provided that where the child or youthful offender is illegitimate and an order for his maintenance has been made under section 488 of the Code of Criminal Procedure, 1898,the court shall not ordinarily make an order for contribution against the putative father, but may order the whole or any part of the payments accruing due under the said order for maintenance to such person or persons as may be named by the court to be applied by him or them, as the case may be, towards the maintenance of the child or the youthful offender. (5) Whether a parent or other person has been ordered under this section to contribute to the maintenance of a child or youthful offender, he shall give notice of any change of address to the court which passed the order and if he fails to do so without reasonable excuse he shall be punishable with a fine with may extend to twenty five rupees. (6) An order under this section may be enforced in the same manner as an order under section 488 of the Code of Criminal Procedure, 1898. (7) A child including youthful offender in remuneration or possessing property yielding income shall pay such proportion of his earnings as may be ordered by the State Government towards his maintenance. Boarding out of children

Section 38 – The UTTAR PRADESH CHILDREN ACT, 1951 | DailyLaw.ai