4.-(1) Subject to the provisions of this Part, the Director may assume with respect to any child in his care under section 3 in whose case it appears to him-
(a) that his parents are dead and that he has no guardian; or
(b) that a parent or guardian of his (hereinafter referred to as “the person on whose account the assumption was required”) has abandoned or neglected him or suffers from some permanent disability rendering the said person incapable of caring for the child, or is of such habits or mode of life as to be unfit to have the care of the child,
that all the rights and powers which the deceased parents would have if they were still living or, as the case may be, all the rights and powers of the person on whose account the assumption was required, shall vest in the Director.
(2) In the case of an assumption made by virtue of paragraph (b) of subsection (1), unless the person on whose account the assumption was required has consented in writing to the making of the assumption, the Director, if the whereabouts of the said person are known to him, shall forthwith after the making of the assumption serve on him notice in writing of the making thereof; and if not later than one month after such notice is served on him, the person on whose account the assumption was required serves a notice in writing on the Director objecting to the assumption, the assumption shall, subject to the provisions of subsection (3), lapse on the expiration of fourteen days from the service of the notice of objection.
Every notice served by the Director under this subsection shall inform the person on whom the notice is served of his right to object to the assumption and of the effect of any objection made by him.
(3) Where a notice has been served on the Director under subsection (2) the Director may, not later than fourteen days from the receipt by him of the notice, complain to the Court of the District in which the child is in care, and in that event the assumption shall not lapse by reason of the service of the notice until the determination of the complaint, and the Court may, on the hearing of the complaint, order that the assumption shall not lapse by reason of the service of the notice:
Provided that the Court shall not so order unless satisfied that the child had been, and at the time when the assumption was made, remained, abandoned, or neglected by the person who made the objection or that person is unfit to have the care of the child by reason of unsoundness of mind or mental deficiency or by reason of his habits or mode of life.
(4) A notice under this section may be served by post but suitable evidence of posting must be provided and any notice served by the Director under subsection (2) shall not be duly served by post unless it is sent in a registered letter.