Report No. 165
9. Attendance Order.-
(1) Whenever the attendance authority has reason to believe that the parent or guardian of a child has failed to cause the child to attend an approved school and that there is no reasonable excuse for the non-attendance of the child within the meaning of section 5, it shall hold an enquiry in the prescribed manner.
(2) If as a result of the enquiry the attendance authority is satisfied that the child is liable to attend an approved school under this Act and that there is no reasonable excuse for his non-attendance within the meaning of section 5, it shall pass an attendance order in the prescribed form directing the parent or guardian to cause the child to attend the approved school with effect from the date specified in the order.
(3) An attendance order passed against a parent or guardian in respect of his child under this section shall, subject to the provisions of sub-section (6), remain in force for so long as this Act continues to apply to the child.
(4) If any parent or guardian against whom an attendance order has been passed in respect of his child under sub-section (2) transfers the custody of the child to another person during the period for which the attendance order is in force, such parent or guardian shall be bound to immediately inform the attendance authority in writing of such transfer with the necessary particulars.
(5) Where an attendance order has been passed against a parent or guardian in respect of his child under this section, such order shall have effect in relation to every other person to whom the custody of the child may be transferred during the period for which the attendance order is in force as it has effect in relation to the person against whom it is passed.
(6) A parent or guardian may at any time apply to the attendance authority for cancellation of an attendance order on the ground:-
(i) that he is no longer the parent or guardian in respect of the child; or
(ii) that circumstances have arisen which provide a reasonable excuse for non-attendance, and thereupon the attendance authority may, after holding an inquiry in the prescribed manner, cancel or modify the attendance order.