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State of Kerala - Section

Section 28 in Kerala Education Act, 1958

28. Warning for failure to discharge obligation and for interference.

(1)When the Local Education Committee has reason to believe that a guardian of any child to whom this Act applies and who is bound under section 26 to cause such child to attend a Government or private school has failed to do so or that any person other than the guardian is utilising the time or services of a child in connection with any employment, whether for remuneration or not, in such a manner as to interfere with the attendance of the child at a Government or private school, it shall warn him in writing that within one week of the receipt of the warning he shall cause the child to attend school or shall refrain from utilising the services of the child as aforesaid.
(2)When a Local Education Committee is satisfied that a guardian has failed to cause his child to attend school or that any person is interfering with such attendance of a child even after the warning mentioned in sub-section (1), the Local Education Committee or any member authorised by the Committee shall lodge a complaint against such guardian or other person with the Magistrate having local jurisdiction.
(3)If the Magistrate is satisfied that the complaint well founded, he shall pass an order directing the guardian or other person to cause the child concerned to attend school regularly or to refrain from interfering with the attendance of the child, as the case may be, after a specified date. If the guardian or other person fails to comply with such order, he shall, on conviction, be liable to fine not exceeding five rupees for the first offence and twenty rupees for every subsequent offence.