He_jte_Qo-(UT)04/0001/2006-08

circulars · 2005 · State unknown

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

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He_jte_Qo-(UT)04/0001/2006-08 REGISTEREDNO. DL-(N)04/0007/2006-08 7r4d HRT 3T TTTY The Gazette of India 3IHRUT EXTRAORDINARY HTJT H Qus 1 PART H Section 1 qife-r H qehlfeid PUBLISHED BY AUTHORITY Fo 5 75 facril;, %FhdR, Jaa 20,2006 qy 30,1927 No. 5] NEW DELHI, FRIDAY, JANUARY 20, 2006_ PAUSA 30, 1927 HTJT H faloat ["o TrqT & J1t & SRT 74 % 3FJT TdcV & 7q # @T JT 7Z 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 2Oth January, 2006 and is hereby published for general information: THE COMMISSIONS FOR PROTECTION OF CHILD RIGHTS ACT; 2005 No: 4 of 2006 [2Oth 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. 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 0n the Rights of the Child (CRC) on the Ilth 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; THE GAZETTE OF INDIA EXTRAORDINARY [PART II AND WHERE

Rule TOC

6 · The salary and allowances payable to, and other terms and conditions of service of, the Salary and Chairperson and Members; shall be such as may be prescribed by the Central Government: allowances of Chairperson Provided that neither the salary and allowances nor the other terms and conditions of service of and Members the Chairperson 0 Member; aS the case may be, shall be varied t0 his disadvantage after his appointment:

7 · (1) Subject to the provisions of sub-section (2), the Chairperson may be removed from Removal his oflice by an order of the Central Goverment on the ground of proved misbehaviour or incapacity: from office. Notwithstanding anything contained in sub-section (1) , the Central Government may by order remove from office the Chairperson or any other Member; ifthe Chairperson Or,as the case may be; such other Member;

9 · No act or proceeding of the Commission shall be invalid merely by reason of any vacancy in, Or any defect in the constitution of the Commission; Or

10 · (1) The Commission shall meet regularly at its office at such time as the Chairperson thinks fit; but three months shall not intervene between its last and the next meeting

2 · of 1974.

22 · _ The salaries and allowances payable to the Chairperson and Members and the administrative expenses, including salaries, allowances and pensions payable to the Secretary; other officers and employees referred to in section 21, shall be paid out of the grants referred to in sub-section CO of section 28_

23 · (1) The State Commission shall subtriit an annual report to the State Government 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: (2) The State Government shall cause all the reports referred to in sub-section I) to be laid before each House of State Legislature, where it consists of two Houses, or where such Legislature consists of one House, before that House along with memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations_ (3) The annual report shall be prepared in such form, manner and contain such details as may be prescribed by the State Government

24 · The provisions of sections 7, 8,9,10, sub-section (1) of section 13 and sections 14 and 15 shall apply to a State Commission and shall have effect, subject to the following modifications, namely: references to "Commission" shall be construed as references to "State Commission"

25 · For the purpose ofproviding 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 couit in the State or specify, for each district a Court of Session to be a Children's Court to try the said offences: Provided that nothing in this section shall apply if Court of Session is already specified as a special court; or special court is already constituted, for such offences under any other law for the time being in force. 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. CHAPTER VI

27 · (1) The Central Government shall, after due appropriation made by Parliament by law in this behalf, pay to the Commission byivioisititfgrants such sums of money as the Central Government may think fit for being utilised for the purposes of this Act:

29 · (1) The Commission shall maintain proper accounts and other relevant records and prepare at 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. (2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General:

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 Goverment;, Commission o 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 Goverment; State Government; Commission, or the State Commission ofany 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.

45 · of 1860

33 ·

37 · (D) if any difticulty 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 Power to may appear to be necessary for removing the difiiculty: remove from the difficulties Provided that no order shall be made under this section after the expiry of the period of two years date of commencement of this Act (2) Every order made under this section shall be laid, as soon as may be after it is made before each House of Parliament: