Section 169 Child’s Right Act
Section 169 Child’s Right Act 2003 is about State Government to give applicant notice of action it intends to take. It is under Part XIV (Child Minding and Day Care of Young Children) of the Act.
(1) The State Government shall, not less than fourteen days before taking any of the following steps‐
(a) refusing an application for registration under section 167 of this Act ;or
(b) canceling any registration under section 163 of this Act; or
(c) refusing consent under paragraph 3 of the Sixth Schedule to this Act; or
[Sixth Schedule]
(d) imposing, removing or varying any condition under Section 168 or 169 of this Act;
(e) refusing to grant any application for the variation or removal of any condition, send to the applicant, or, as the case may be, a registered person, notice in writing of its intention to take the step in question
(2) A notice sent under subsection (1) of this section shall‐
(a) give the State Governments reasons for proposing to take the step and
(b) inform the person concerned of his rights under this section
(3) Where the recipient of a notice informs the State Government in writing of his desire to object to the step being taken, the State Government shall afford him an opportunity to do so.
(4) Any objection made under subsection (3) of this section may be made in person or by a representative.
(5) If the State Government, after giving the person concerned an opportunity to object to the step being taken, decides nevertheless to take any step it shall send written notice of its decision.
(6) A person aggrieved by the taking of any step mentioned in subsection (1) of this section may appeal against it to the Court.
(7) Where the Court allows an appeal against a refusal or cancellation of any registration under section 166 of this Act, it may impose any condition under section 164 or 165 of this Act or such other condition as it may deem fit.
(8) Where the Court allows an appeal against a condition it may, instead of canceling the
condition, vary it.
(9) Where the Court imposes or varies any condition under subsection (7) or (8) of this section, the condition, as varied, shall be treated for all purposes, other than this section, as if it had been imposed by the State Government concerned.
(10) A step referred to in subsection (1) (b) or (d) of this section shall not take effect until the expiry of the time within which an appeal may be brought under this section or where such an appeal is brought, before its determination.
