The Gazette of India

e896500bab13fb78e73cda0c8f8cf5d104bcc420 · 2005 · State unknown

Download PDF Parent Act Back to Subordinates

Parent: The Commissions for Protection of Child Rights Act, 2005 (2005) (f9198c52d55bfc804bb5887387cdfce81ac2d175)

Text

ğ The Gazette of India EXTRAORDINARY H — -Ö 1 PART H — Section 1 Ĥͬ Ĥͧ PUBLISHED BY AUTHORITY 5 Ǒã ȣ, ȣ, Đ Đ , ȣ 20, 2006 / 30, 1927 No. 5] NEW DELHI, FRIDAY, JANUARY 20, 2006 / PAUSA 30, 1927 Ʌ Ʌ ͧÛ ç ç É ȣ ͩ Ǿ Ʌ Ʌ Separate paging is given to this Part in order that it may be filed as a separate compilation. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 20th January, 2006/Pausa 30,1927 (Saka) The following Act of Parliament received the assent of the President on the 20th January, 2006 and is hereby published for general information:— THE COMMISSIONS FOR PROTECTION OF CHILD RIGHTS ACT, 2005 No. 4 of 2006 --- -- [20th January 2006] An Act to provide for the constitution of a National Commission and State Commissions for Protection of Child Rights and Children's Courts for providing speedy trial of offences against children or of violation of child rights and for matters connected therewith or incidental thereto. Z 4 - WHEREAS India participated in the United Nations (UN) General Assembly Summit in 1990, which adopted a Declaration on Survival, Protection and Development of Children; AND WHEREAS India has also acceded to the Convention on the Rights of the Child (CRC) on the 11th December, 1992; AND WHEREAS CRC is an international treaty that makes it incumbent upon the signatory States to take all necessary steps to protect children's rights enumerated in the Convention; AND WHEREAS in order to ensure protection of rights of children one of the recent initiatives that the Government have taken for Children is the adoption of National Charter for Children, 2003; Short title, extent and commencement Definitions . Constitution of National Commission for Protection of Child Rights_ AND WHEREAS the UN General Assembly Special Session on Children held in

Rule TOC

3 · (1) The Central Government shall, by notification, constitute_ a body to be known as the National Commission for Protection of Childd-R -Rights to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.

4 · The Central Government shall, by notification, appoint the Chairperson and other Members:

5 · (i) The Chairperson and every Member shall hold office as such for a term of three years from the date on which he assumes office:

6 · The salary and allowances payable to, and other terms and conditions of service of, the Chairperson and Members, shall be such as may be prescribed by the Central Government:

7 · (I) Subject to the provisions of sub-section (2), the Chairperson may be removed from his office by an order of the Central Government on the ground of proved misbehaviour or incapacity.

5 · of 1908

13 · (1) The Commission shall perform all or any of the following functions, namely: —

14 · (1) The Commission shall, while inquiring into any matter referred to in clause (j) of sub-section (1) of section 13 have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 and, in particular, in respect of the following matters, namely: —

16 · (1) The Commission shall submit an annual report to the Central Government and to the State Government concerned and may at any time submit special reports on any matter which, in its opinion, is of such urgency or importance that it should not be deferred till submission of the annual report.

17 · CO A State Government may constitute a body to be known as the ........................... (name of the State) Commission for Protection of Child Rights to exercise the powers conferred upon, and to perform the functions assigned to, a State Commission under this Chapter.

2 · of 1974.

25 · For the purpose of providing speedy trial of offences against children or of violation of child rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify at least a court in the State or specify, for each district, a Court of Session to be a Children's Court to try the said offences:

26 · For every Children's Court, the State Government shall, by notification, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.

29 · (1) The Commission shall maintain proper accounts and other relevant records and prepare art annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

45 · of 1860

30 · (1) The State Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the State Government in consultation with the Comptroller and Auditor-General of India.

31 · No suit, prosecution or other legal proceeding shall lie against the Central Government, the State Government, the Commission, the State Commission, or any Member thereof or any person acting under the direction either of the Central Government, State Government, Commission or the State Commission, in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules made thereunder or in respect of the publication by or under the authority of the Central Government, State Government, Commission, or the State Commission of any report or paper.

32 · Every Member of the Commission, State Commission and every officer appointed in the Commission or the State Commission to exercise functions under this Act shall be as of 1860. deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

33 · (I) In the discharge of its functions under this Act, the Commission shall be guided by such directions on questions of policy relating to national purposes, as may be given to it by the Central Government.

35 · (1) The Central Government may, by notification, make rules to carry out the provisions of this Act.

37 · (I) if any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty: