Section 52 Child’s Right Act
Section 52 Child’s Right Act 2003 is about Make order where parent or guardian is unable to exercise control. It is under Part V (Children in Need of Care and Protection) of the Act.
(1) Where a child is committed ‐
(a) to the care of an individual under this Act; or
(b) in exceptional circumstances, to an approved institution or any other institution, and the Court is satisfied that the need for the order arose from the neglect on the part of any of the persons named in subsection (2) of this section, the Court may order that person to make such contribution towards the maintenance of the child as it may think fit, having regard to all the circumstances of the case, including the means of the person ordered to make the contribution.
(2) The persons referred to in subsection (1) of this section are ‐
(a) the father, step‐father, mother or step‐mother of the child; or
(b) a person who is cohabiting with the mother or step‐mother of the child, whether or not he is the putative father of the child; or
(c) the person in whose care and custody the child has been during the two years immediately preceding the date of the order or committal.
(3) The Court shall order the contribution of such amount per week, per month or per each such period as it deems proper having regard to the means and earning capacity of the person ordered to make the contribution and other relevant circumstances.
(4) If a person fails or neglects to comply with an order made under subsection (1) of this section, the Court may for every breach of the order direct the amount due to be levied in the manner, by law provided for levying distress in the enforcement of damages or other awards ordered by a court in a civil proceeding.
(5) The Court which has the jurisdiction over the place in which the person or persons liable to make contribution may, at any time, on the application of the person or persons or on the application of an officer of the appropriate authority or other authorised officer, and on proof of a change of circumstances in the person or persons so required to make the contribution, increase or reduce the contribution or rescind any order as the Court may deem just.
