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State of Jammu-Kashmir - Section

Section 9 in Jammu and Kashmir School Education Act, 2002

9. Warning for failure to discharge obligation and for interference

— (1) When the Local Area Education Committee has reason to believe that the parent of any child to whom this Act applies and who is bound under section 8 to cause the child to attend a school, has failed to do so or that any person other than the parent is utilizing 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 school, it shall warn him in writing to refrain from utilizing the time or services of the child as aforesaid and direct to ensure the attendance of such child at a school within one week from the receipt of warning.
(2)When a Local Area Education Committee is satisfied that the parent 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), such a Local Area Education Committee or any member authorised by it shall lodge a complaint against such parent or other person with the Judicial Magistrate having territorial jurisdiction over the area.
(3)If the Judicial Magistrate is satisfied that the complaint is well founded, he shall pass an order directing the parent or other person to cause the child to attend school regularly and to refrain from interfering with the attendance of the child, after a specified date. If the parent or other person fails to comply with such order he shall, on conviction, be liable to a fine not exceeding two hundred rupees for the first offence and five hundred rupees for every subsequent offence.