Section 71

Notwithstanding section 70, in any case in which any child or young person is committed to custody in a place of detention or remand home in accordance with section 66, the parent of the child or young person or, if he is an orphan, the guardian or other person legally liable to maintain him shall, if able to pay for the whole or part of the cost of maintaining him at such place of detention or remand home, be bound to do so as hereinafter provided.

The liability imposed by subsection (1) shall extend to the maintenance of the child or young person not only during the period of his detention in pursuance of the order of committal under section 66 but also during any period of detention under section 59 in connection with the offence of which he is found guilty.

The rate of maintenance shall be such rate as the Minister may from time to time by notification in the Gazette either generally or for any particular place of detention or remand home provide.

A Magistrate’s Court having jurisdiction in the place where the person liable to make the payment resides shall, on the application of any police officer or of anyone authorised by the Minister to take proceedings, issue an order in writing on that person or, if that person is present in court, communicate the order to him orally, to show cause why he should not pay for the maintenance of the child or young person at the rate fixed under subsection (3) and in the order.

If the person liable to make payment appears in answer to an order in writing issued under subsection (4), or if in case of his absence it is proved to the satisfaction of the court that the order was duly served, or if the order has been communicated orally to that person under subsection (4), the court shall summarily inquire into his circumstances, and if satisfied that he can pay the whole or any part of the maintenance, shall pronounce an order, according to the justice of the case, requiring the payment to be made into court.

A court by which an order is pronounced under subsection (4) may from time to time vary the order or may rescind the order as the justice of the case may require.

An order pronounced under this section may be enforced under the Criminal Procedure Code [Cap. 68] as though it were a fine.

All sums paid into court in pursuance of this section shall be paid into the Consolidated Fund.