Section 123 Child’s Right Act

Section 123 Child’s Right Act 2003 is about Power of State Government to prohibit private fostering. It is under Part XI (Fostering) of the Act.

(1) This section applies where a person‐
(a) proposes to foster a child privately; or
(b) is fostering a child privately.

(2) Where the State Government in whose State the child is proposed to be, or is being fostered, is of the opinion that‐
(a) a person is not a suitable person to foster a child; or

(b) the premises in which the child will be, or is being accommodated, are not suitable; or
(c) it would be prejudicial to the welfare of the child for him to, or continue to be, accommodated by that person in those premises, the State Government may impose on him a prohibition specified under subsection (3) of this section.

(3) A prohibition imposed on a person under subsection (2) of this section may prohibit him from fostering privately‐
(a) any child in any premises within the State; or
(b) any child in premises specified in the prohibition; or
(c) a child identified in the prohibition, in premises specified in the prohibition.

(4) A State Government which has imposed a prohibition on‐any person under subsection (2) of this section, may, if it thinks fit, cancel the prohibition‐
(a) of its own motion; or
(b) on an application made by that person, if it is satisfied that the prohibition is no longer justified.

(5) A prohibition imposed under this section shall be imposed by notice in writing addressed to the person on whom it is imposed and informing him of‐
(a) the reason for imposing the prohibition;
(b) his right to appeal against the prohibition; and
(c) the time within which he may appeal.