Children's Act, 2048 (1992)
Section 21
Looking After An Orphan And Custody Of His Property
(1) If the Children Welfare Officer or the Chief District Officer is informed of the fact that a Child does not have any relative of the same home to look after the Child, the Children Welfare Officer or the Chief District Officer, as the case may be, shall make necessary arrangement for upbringing and maintenance of the
Child. In doing so, the Child shall be, as far as practicable, given to the custody of the nearest relative of the Child. In case of non- availability of such a relative, the Child may be given to any person or organization willing to take the custody for his maintenance and upbringing. In case of non-availability of any
relative, person or organization willing to take the Child for his maintenance and upbringing, the Child shall be referred to the nearest Children Welfare Home.
(2) In cases where the Child referred to in sub-section (1) has any property, the Children Welfare Officer or the Chief District Officer shall prepare a statement thereof in the presence of at least two local witnesses and shall keep one copy thereof in his office and the other one shall be given to the person or
organization responsible for upbringing and maintenance of the Child.
(3) The statement of property prepared under sub-section (2) and the property mentioned therein shall be given to the custody of the person, organization or the Children’s Welfare Home responsible for upbringing and maintenance of the Child and such person, organization or the Children’s Welfare Home shall
certify in writing the taking of the custody. Pending the custody of the property of the Child, the responsibility of taking care of or of protecting the property shall lie with the Children Welfare Officer, and if he is not available, with the Chief District Officer.
(4) The income accrued from the property mentioned is sub-section (3) may be used by the person, organization or the Children’s Welfare Home taking responsibility for the maintenance, upbringing, education and health care of the Child.
The person, organization or the Children’s Welfare Home taking responsibility for the maintenance and upbringing of the Child shall, in respect of such property enjoy the same rights and comply with the same terms and conditions as those of a Guardian appointed under this Act.
Children's Act, 2048 (1992)
Chapter - 2
Section 3: Right To Name And Determination Of Date Of Birth Of ChildSection 4: Right To Maintenance And Upbringing, Education And Health CareSection 5: Discrimination Not To Be Made Between A Son Or Daughterand Between Sons And Daughters Themselves In Mattersrelating To UpbringingSection 6: Discrimination Not To Be Made Between Children Born Out Ofwedlock Or In Lawful Wedlock Or Between The Adopted Or Thenatural ChildSection 7: Prohibition On Torture Or Cruel TreatmentSection 8: Facilities To Be Given To Maintain ContactSection 9: Adopted Son Or Daughter To Be Permitted To Make Directcontact Or Correspondence With Natural ParentsSection 10: Right To Mention The Name Of Mother And MaternalgrandfatherSection 11: Child And Criminal LiabilitySection 12: Disqualifications Or Counts Not Be ApplicableSection 13: Prohibition To Engage Children In Begging And To Shave HairSection 14: Prohibition On Offering Of Child In Name Of God Or GoddessSection 15: Prohibition On Imposing Rigorous PunishmentSection 16: Children Not To Be Involved In Immoral ProfessionSection 17: XxxxxxxSection 18: XxxxxxxSection 19: Children’s Case Not To Be Entertained In Absence Of LegalpractitionerSection 20: Enforcement Of Rights
Chapter - 4
Section 32: Constitution Of Central And District Children WelfareboardSection 33: Appointment Of Children Welfare OfficerSection 34: Establishment And Operation Of Children’s Welfare HomeSection 35: Abandoned Child To Be Kept In The Children’s WelfarehomeSection 36: Duration To Be Kept In The Children’s Welfare HomeSection 37: Assistance To Provide Vocational Training Or JobSection 38: Child May Be Kept In The Children’s Welfare Home On The Condition Of PaymentSection 39: General Punishment May Be Given To Maintain ThedisciplineSection 40: Expenses May Be Realized Handing Over The Child To Hisfather, Mother EtcSection 41: Chief Of The Children’s Welfare Home To Keep Records Andto ReportSection 42: Establishment And Operation Of Juvenile Reform HomeSection 43: Establishment And Operation Of Orphanage And Center Formentally Retarded ChildrenSection 44: Inspection Of Children’s Welfare Home, Juvenile Reformhome, Orphanage EtcSection 45: Provisions Relating To The Children’s Welfare Home,juvenile Reform Home, Orphanage Etc