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SOLR_PROP

Public Assistance Act, 1939

Transfer of parental authority to public assistance authority.

45.(1) Where a child is maintained by a public assistance authority and—

(a) such authority is of opinion that a parent of such child is, by reason of mental deficiency or vicious habits or mode of life, unfit to have the control of such child, or

(b) a parent of such child is, by reason of his serving a sentence of penal servitude or suffering detention under the Inebriates Act, 1898, unable to perform his parental duties, or

(c) a parent of such child has been sentenced to imprisonment for an offence against such child or any other of his children, or

(d) a parent of such child is permanently bedridden and is maintained under this Act by such authority in a district or other institution and consents to the resolution hereinafter mentioned,

such public assistance authority may resolve that all the rights and powers of such parent in respect of such child shall vest in such authority until such child attains the age of sixteen years.

(2) Whenever a public assistance authority passes any such resolution as is mentioned in the next preceding sub-seetion of this section, all the rights and powers of the parent mentioned in such resolution of the child which is the subject of such resolution shall vest in such authority immediately upon the passing of such resolution and shall continue to be so vested until such resolution is rescinded or terminated under this section or such child attains the age of sixteen years, whichever first happens.

(3) Whenever a public assistance authority has passed any such resolution as is mentioned in the first sub-section of this section, the following provisions shall have effect, that is to say:—

(a) if such authority is of opinion that the rescinding of such resolution would be for the benefit of the child which is the subject of such resolution, such authority may rescind such resolution;

(b) such authority may permit such child to be, either permanently or temporarily, under the control of a parent or other relative, a guardian, or a friend of such child or the control of a society or institution for the care of children;

(c) if the District Court is satisfied, on the complaint of a parent or other relative or of a guardian of such child or of any other person who is liable under this Act to maintain such child, that no circumstances authorising the passing of such resolution existed when such resolution was passed or that it would be for the benefit of such child that such resolution should be terminated, the District Court may make an order terminating such resolution, and thereupon such authority shall cease to have under this section any rights or powers in respect of such child;

(d) if the District Court is satisfied, on the complaint of a parent or other relative or a guardian of such child, that it should be under the control either permanently or temporarily, of such parent, relative, or guardian, the District Court may make an order accordingly and thereupon it shall be the duty of such authority to comply with such order.