kerala gazette no. 17 dated 25th april 2006. part i...
TRANSCRIPT
Kerala Gazette No. 17 dated 25th ApriL 2006.
PART I . Section i
GOVERNMENT OF KERALA
Law (Legislation-Publication) Department
NOTWICATION
t4o. 5146fLeg.Pbn.3/06/Law. Dated, Thiruvananthapurwn, 2nd March 2006.
The following Act of Parliament published in the Gazette of India_ $ Extraordinary, Part II, Section J, dated the 20th January, 2006 is hereby
republished for general information. The Bill as passed by the Houses of Paliament received the assent of the President on the 20th January, 2006:
By order of the, Governor:
S. SAINUDEQN,
7> - Law Secretary.
0
o293aw001?
2
THE COMMISSIONS FOR PROTECTION OF CHILD RIGHTS ACT, 2005
(Act No; 4 of 2006)
AN
ACT
Li
to provide for the constitution of a National Commission and State Commissions frr Protection of Child Rig/its and Children's Courts for providing speedy trial of offences against children or of violation of child rights and for matters connecte[ 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 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 necessarysteps to protect children's rights enumerate,d 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
(lildnea—;Q03 ldrpn 2D
AND WHEREAS the UN General Athembly Special Session on Children held in May, 2002 adopted an Outcome Document titled "A World Fit for Children" 0 containing the goals, objectives, strategies and activities to be undertaken by the member countries for the current decade
AND WHEREAS itis expedient to enact a law relating to children to give effect to the policies adopted by the Government in this regard, standards prescribed in the CRC, and all other relevant international instruments; -
- BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:— -
S. .3 CHAPTER I
PRELIMJNAR7
1. Short title, extent and commer,cement —(1) This Act may be called the Commissions for Protection of Child Rights Act, 2005
It'extends to the whole of India except the State of Jammü and Kashmir,
It shall come into force on such date as the Cental Go"ernment may, by notification in the Official Gazette, appoint.
2. Definitions.-- In this Act, unless the context otherwise requires,-
"Chairperson" meanl the Chairperson of the Commission or of the State Commission, as the case may be
"child rights: includes the children's rights adopted in the United Nations convention on the Rights of the Child on the 20th November, 1989
* and ratified by the Government of India on the 11th December, 1992
"Commission" means the Nationai Commission for Protection t- of Child Rights constituted under section 3
"Member" means a Member of the Commission or of the State Commission, as the case may be, and includes the Chairperson;
"notification" means a notification published in the Official Gazette . .
"priscribed ... means prescribed by rules made under this Acc
- (g) 'State Commission" means a State Commission for Protection of Child Rights constituted under section 17.
r CHAPTER Ii
THE NATIONAL COMMISSION FOR PP OTECTION OF CHILD RIGHTS
3. Constitution of National Commission for Protection of Child
Rights.—) The Central Government shall,by notification, constitute a body to be known as the National Commission for Protection of Child Rights to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.
4 I- (2) The Commission shall consist of the following Members.
namely:—"
a Chairperson who- is a person of eminence and hag done outstanding work for promoting the welfare of children and
six Members out of which at least two shall be women, from the following fields, to be appointed by the Central Government from amongst persons of eminende, ability, integrity, standing and experience in,— -.
education
child health, care, welfareor child developmeiit 7 juvenile justice or care of neglected or marginalized children or
children with disabilities
elimination of child labour or children in distress
child psychology or sociology and
laws relating to children. -
(3) The office of the Commission shall be at Delhi.
- 4. Appointment of Chairperson and Members—The Central Government shall, by notification, appoint the Chairperson and other Members
Provided that the Chairperson shall be appointed on the recommendation of a three member Selection Committee constituted by the Central Government under 4 the Chairmanship of the Minister in-charge of the Ministry of Human 1esouce Development.
5. Term of office and conditions of service of Chairperson and Memberi-(1) The Chairperson and every member shall hold office as such for a term of three years from the date on which he assumes office
Provided that no Chairperson or a member shall hold the office for more than two terms ; *
Provided further that no Chairperson or any other Member shall hold office as such after he has,attained.— -
in the case otthe Chairperson, the age of sixty-five years and
in the case of a Member, the age of sixty years.
(2) The Chairperson or a Member may, by writing under his hand.addressed to the Central Government, resign his office at any time.
6. Salaiy and allowances of Chairperson and Members.— 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:
Provided that neither the salary and allowances nor the other tents and conditions of
.
service ofthe Chairperson or aMember, as the case niay1e, shall be varied to his disadvantage after his appointment. -
7 Removal from office.—(l) Sttbject to the provisions of sub-section (2), the Chairferson may be removed from his office by an order of the Central
• Government on the gro4nd of proved misbehaviour or incapacity.
(2) Notwithstanding anything contained in sub-section (t), the Central Government may by trder remove from office the Chairperson or any otl?er Member, if the Chairperson or, as the case may be, such other Member,-
- (a) is adjudged an insolvent or
engages during, his tent of offiëe in any paid employment outside the duties
V ofhisofflce;or -
reftes to act or becomes incapable of acting or
• (d) is of unsound mind and stands so declaitd bya competent court or
has so abused his office as to render his continuance in office detrimental -
tdthe public interest or - -
is convicted and sentenced to imprisonment for an offence which in the opiniqn df the Central Government involves moral turpitude ; or
is without obtaini g leave of absence from the Commission, absent from three consecutive meetings of the Commission.. -
(3) No person shall beremoved under this section until-that person has been given an opportunity of being heard in the matter.
8. Vacation of omce by Chairperson or Member-Al) If the
Chairperson or, as the case may be, a Member,-
becomes subject to any of the disqualifications mentioned in
section7;or . .
ten1ers his resignation tinder sub-section (2) of section 5,
his seat shall thereupon become vacant. .
6.
(2) If a casual vacancy occurs in the office of the Chairperson or a Member, whether by reason of his death, resignation orotherwise, such vacancy shall be filled within a period of ninety days by making afresh appointment in accordance with the provisions of section 4 and the person so appointed shall hold office for the remainder of the term of office for which the Qhairperson; or a Member, as the case may be, in whose place he is so appointed would have held that office;
9. Vacancies, etc. ) not to invalidate proceedings of Commission—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
any defect in the appointment of, a person as the Chairperson ota Membei or - t
any irregularity in the procedure of the Commission not affecting the merits of the case.
10. Procedure for transaction of business._L_.(l) The Commission shall - meet regularl)& at its office at such time as the. Chairperson thinks fit, but three months shall not intervene between ifs last and the next meeting.
All decisions at a meeting shall be taken by majority:
Provided that in the case of equality of votes, the Chairperson, or in his absence the person presiding, shall have and exercise a second or Casting vote.
If for any reason, the Chairperson, is unable to attend the meeting of the Commission, any Member chosen by the Members present from amongst them selves at the meeting, shall preside.
The Commission shall observe such rules of procedure in the transaction of its business at a meeting, including the quorum at such meeting, as may be prescribed by the Central Government. -
All orders and decisions of the Commission shall be authenticated by the Member-Secretary or any other officer of the Commission duly authorised by Member-Secretary in this behalf.
11. Member-Secretary, officers and other employees of Cornmission.—(l ). the Central Government shall, by notification, appoint an officer not below the rank of the Joint Secretary or the Additional Secretary to the Government pf India as a Member-Secretary of the Commission and shallmake available to the Commission such other officers and employees as may be necessary for the efficient performance of its functions.
N
IL -i The Member-Secretary shall be responsible for the proper
administration of the affairs of the Commission and its day-to-day management and shall exercise and discharge such other powers and perform such other duties
as may be prescribed by the Central Government.
The salafy and allowances ayable to, and the other terrfrs and •conditions of service of the Member-Secretary, other ofticers and employees,
appointed for the purpose of the commission shall be such as maybe prescribed by the Central Government.
Salaries and allowances to be paid out of grants—The salariesand
allowances payable to the Chairperson and Members and the administrative
• expenses, including salaries, allowances - and pensions payable to the Member-
• Secretary, other officers and employees referredto in section II, shall be paid out
of the grants referitd to in sub section (1) of section 27.
CHAPTER III
FUNCTIONS AND POWERS OF THE COMMISSION
Functions qf Commission. —(1) The Commission shall perform all o; any of the following functions, namely:-
examine and review the safeguards provided by or under any law for the time being in force for the protection of child rights and recommend measures
t fortheir'effective implementation - -
present to the central (3overnmbnt, annually and at such othei intervals, as the Commission may deem fit, reports upon the working of those safeguards;
S (c) inquire into violation of child rights and recommend initiation of proceedings in such cases
examine all factors that inhibit the enjoyment of tights of children affected by terrorism, communal violence, riots, natural disaster, domestic violence, HI V/AIDS, trafficking, maltreatment, torture and exploitation, poronography and prostitution and recommend appropriate remedial measures; -
look into the matters relating to children in need of special care and protection including children in distress, marginalized and disadvantged children, children in conflict with law, juveniles, children without family and children of prisoners and recommepd appropriate remedial measures
'•1 s]
(f) study treaties and other international instruments and undertake periodical review of existing policies, programmes and other activities on child rights and make recommendations for their effective implementation in the bet interest of children; -
° (g) undertake and promote research in the field of child rights;
(it) spread child 'rights literacy among various, sections of the society and promote awarenessof the safeguards available for protection of these rights through publications, the media, seminars and other available means;
(i) inspect or'cause to be inspected any juvenile custodial homE, - or any other place of residence or institution meant for children, tinder the control of the Cenfral Government or any State Government or any other authority, including any institution run by a social organisation; where children are detained or lodged for the pUrpose of freatment, ref?rmation or protection and take up with these authorities for remedial action, if found necessary;
(j) inquire into complaints and take-suo inoflt notice of matters relating to,—. '
deprevation and violation of child rights;
non-implementation of laws providing for protection and development of children;
non-compliance oft policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring 'welfare of the children and to.provide relief to such children,
or take up -the issues arising out of such matters with appropriate authorities; and
(k) such other functions as it may consider necessary for the prowotion of child rights and any other matter incidental to the above functions; - -
(2) the Commission shall not inquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force.
14. Powers relating to inquiries.—(1) The Commission shall; while inquiring into any matter referred to in clause (I) of sub-section (1) of section 13 have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1998 (5 of -1908) -and, in particular, in respect of the following matters, namely:--
(a) summoning and enforcing the attendance-of any person and examining -. himonoath; ' ,
9 ,
discOvery and production of any document;
receiving evidence of affidavits;
requisitiOning any public record or copy thereof from any court or office; and
(-e) issuing commissions for the examination of witnesses or documents.
• (2) The Commission shall have the power to forward any case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint agains.t the accused as if the case has been thrwarded to him unde; Section 346 of the Code of Criminal Procedure, 1973 (2 of- 1974). ..
15. Steps after inquity.-The Commission may take any of the following steps upon the comp1tion of an inquiry held under this Act, namely:— -
where the inquiry dkscoses,.the Comrñission of violation of child rights of a serious nature of contravention of provisions of any law.for the time being in force, it may recommend to the concerned Government or authority the-initiation of proceedings for prosecution or such other actionas the commission may deem fit against the concerned person or persons;
approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessazyr
recommend to the concerned Gpvërnment or authority for the grant of such interim relief to the victim or the members of his family as. the Commission may consider necessary.
16.. Annual and special reportv of Comthission.-41) The Commissidn shall sábmit an annual report to the Central Government and to the State Government toncerned 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.
The Central Government and the State Goveruthent concerned, as the case may be, shall cause the annual and special reports of the Commission to be laid before each House of Parliament or the State Legislature respectively, as the case may be, along with a memorandum of action taken or proposed to be taken on the recommendations of the Commission and the reasons for non-acceptance of the recommendations, if any, within a period of one year from the date of receipt of such report.
The annual report shall be prepared in such form, manner and contain such details as may be prescribed by the Central Government. -
- . G293/2006/DTP.
10
CHAPTER IV
STATE COMMISSIONS FOR PROTECTION OF CHILD RIGHTS
17. Constitution of State Commission for Protection of C'hild Rights.-(1) A State Government may cOnstitute a body to be known as the ................(name of the State) Conirnission for Protection of Child Rights to exercise the powers conferred upon, and to perform the furctions assigned to, a State Commission under this Chapter.
(2) The State Commission shall consists of the fbllowing Members, namely:--
a Chaitperson who is a person of eminence and has done outstanding ! work for promoting the welfare of children; and
six Members, out of which at least two shall be women, from the - following fields, to-be appointed by the State Government from amongst persons of eminence, ability, integrity, standing and experience in,--
(i) education;
(H) child health, care, welfare or child development; -
juvenile justice or care of neglected or marginalized children or children with disabilitie;
el.iminatioij of childlabour or children in diuess;
child psychqlogy or sdciolqgy; and
\ (vi) laws relating to children. -
(3) The headquarter of the State Commission shall be at such place as the State Government may,. by notification, specify:
IS. Appointment of Chairperson and other Members—(I) The State $ Government shall, by notification, appoint the Chairperson and other Members:
Provided thatthe Chairperson shall be appointed on the recommendation of a three Member Selection Commiflee constituted by the State Government under the Chairmanship of the Minister in-charge of the Department dealing with children.
19. Term of office and conditions of service of Chairperson and Memhers—(i) The Chairperson and every Members shall hola office as such for a term of three years from the date on which he assumes office: =
• Provided that no Chairperson or a Member shall hold the office for more than two terms; - .. .
ii
Provided further that no Chairperson or any other Member shall hold - office as such after he has attained-
in the case of Chairperson,the age of sixtyfive years; and
in the case of a Member, the age of sixty, years.
(2) the Chairperson or a Member may: by writing under his hand addressed to the State Government, resign his offiee at any time.
20. Salary and allowances of Chairperson and Menbcrs.—The salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and Members ghall be such as may be prescribed by the State Government:
Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or a Member, as the case may be, -
shall be varied to his disadvantage after his appointmçnt.
21. Secretary, Officers and oilier employees of the State Commission.—(1) The State Government shall, by notification, appoint an officer not below the rank of the Secretary to the State Government as the Secretary of the State Commission and shall make available lo the State
-t Commission such other officers and employeei as may be necessary for the efficient performance of its functions.
The Secretary shall be responsible for the proper administration of the affairs of the State Commission and its day-to-day management and shall exercise and discharge such other powersaderfortn such other dutis as may he presCribed by the State Government.
The salary and allowahces payable to, and the other terms and conditjoris of service of the Secretary, other6ifièeri and employees, appointed for the purpose of the State Commission shall be suchas may be prescribed by the State Governnient.
22. Salaries and allowances to 'be paid out of grants—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, shill be paid out of the grants referred to in sub-section (1) of section 28.
~ 23. Annual and special reports of State Co,nmission.—(l) The State Commission shall submit an annual report to the State Government
• and may at any time 'submit special reports on any matter whiCh, hi its opinion, is of such urgency or importance that it should not be deferred till submission of the annual report. -
12
.
(2) The State Government shall cause all the reports referfed to in sub-section (1) to be laid before each House ofState Legislature, where it consists of two Houses, or where such Legislature consists of one House 4 before that House along with a 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 recomm'endations. -
,(3) The annual report shall be preparei in such form,manner and contain such details as may be prescribed by the State t3Overnment.
24. Application of certain provisions relating to National Conzn fission for Protection of Child Rights to State Comniissions.—The provis!ons of sections 7,
. 9, 10, sub-section (1) of s.ection 13 and sections 14 and 15 shall apply to a State Commission andshall have effect, subject to the following modifications;namely:-
rderences to "CQmmission" shall be construed as reFerences to "State Commission"; - -
referenées to "Central overnment" shall be construed as references to "State Government"; and
references to "Member-Secretary' shall be construed as references to "Secretary".
CHAPTER V
CFIILDREN'S COURTS'
- 25. Children's Courts—(I) 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 nt%.ifièation,: specify at least a êourt in the State or specify, for each district, a Court of Sesion to be a Children's Court to try the said'offences:
Provided that nothing in this section shall apply if-
• - (a) a Court of Sessions is already specified as aspecial court; or -
(b) a special court is already constituted, -
for such offences under any other law for the time being in force. -
26. Special Public Prosecutot—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 thakseven years, as a Special Public Prosecutor for the purpose of conducting cases in that court.
13
CHAPTER VI -
FINANCE, ACCOUNTS AND AUDIT
27. Grants by tentral Government.—'.(I) The Centraf Government shall, after due appropriation made-by Parliament by lawin this behalf, pay to the cçmmission by way of grants such suths of money as the Central Government may think fitfor being utilised for the purposes of this 4ct.
V (2) The Commission may spend such sums of money as-it thinkk fit for performing the functions under this Act, aqd such sums shall be treated as
expenditure payable out of the grants referred to in sub-section (I).
S .28. Grants by State Governments.—l) Th:State Government shall, after due appropriation made by Legislature by law in this behalf, pay to the State Commissioh b' way of grants such sums of money as the State Government may think fit for being utiliséd for the purposes of this Act. -
(2) The state Commission nlayspend such sums of money as it thinks fit for performing the functions under Chapter III of this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1).
29. Acbounts and audit 6Y Commission—(i) The Comnijssion shall maintain proper accounts and other relevantrecords and prepare an annual statement
-of accounts in such form as may be prescribed by the Central Government in consultation with theomptrolier and Auditor-General of India. -
The accounts of the Conimission shall be audited by the Comptmller and Auditor-General at such intervals as may be specified by him and an
f expenditire incurred in connection with such audit shall be payable by the Cothnthsion to the Comptroller and Auditor-General. /
The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Commission under this Act - shall, have the same rights and privileges and the authority in connection with such audit of as the comptroller and Auditor-General Generally has in connection with the Audit of Government accounts and, in particular, shall have the right to dmand the production of book, accounts, connected vouchers and other documents and papers and to inspect any of the officers of the Commission.
11 (4) The accounts of the Commission as Certified by the Comptroller and
Auditor-General or any other person appointed by -him in this behalf, together with the audit report thereon shall be forwarded annually to the Ce4tral Government by the Commission and the Central Government shall cause the audit report to be laid, as soon as may be after it is redeived, before each House of Parliament.
It! 30. Accounts and audit of State corntnission—(l) The State Commission
shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribejy the State Government in consultation with the Comptroller and Auditor-General of India;
The accounts of the State Commission shall be auditedby 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 State Commission to the Comptroller and Auditor-General. .
The Comptroller and Auditor-General and any person appointed by him in coinnection with the audit of the accounts of the State Commission under this Act shall, have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Gbvenment accounts and, in particular, shall have. the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the officers of the State Commission.
The accounts of the State Commission as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be fowarded annually to the State Government by, the State Commission and the State Govern4nt shall cause the audit report to be laid, as soon as may be after it is received, before the State legislature;
CHAPrER VII
MISCELLANEOUS
311 Protection of action taken in good faith—No suit, prosecutiort or other legal proceeding -shall lie against the Central Govermnent, the State Government, the Commission, the State Commission, or any member thereof any person acting under the direction either of the Central Government, State Government, Commission or the State Commission, in respect of anything which ig in good faith done or intended to be done in pursuance of this Act of or any rules made theEeunder 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. Chairperson, Members and other offlcers to be public servant.—Every Member of the Commission, State Comn'.ission and every officer appointed in the commission or the State Commission to exercise functions under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Petial Code (45 of 1860).
I
15
Directions by Central Government—(I). .Jn 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.
(2) If any dispute arises between the Central dovernment and the Commission as to whether .aquestion is or is not a question of policy relating to national purposes, the decision of the Central Government thereon shall be final.
Returns or information—The Commission shall furnish to the Central Government such returns or other information with respect to its activities as the CentralGovernment may, from time to time, reuire.
Powers 'of Central Government to make rules.—(]) The Cenfral Government may, by notification make rules, to carry out the provision of this Act.
(2) In particular and without prejudice tothe generality of the forgoing po,wer, such rules may provide for all or any of the following matters, namely
4s) terms and conditions of service'of the Chairperson and Members of the Commission and their salaries and allowances under section 6
"s (b) the procedure to he followed by the Commission in the transation of its business at a meeting under sub-section (4 9fsection 10)
the powers and duties which may be eketcised and performed by the Member-Secretary, of the Commission under sub-section (2) of section 11
the salary and allowances and other terms and conditions of service of
'
officers' and other employees of the Commission under sub-section (3) of section 'll;and,
form of the statement of accounts and other records to be prepard by the Commission ander sub-section (1) of section 29.
(3) Every rule made under this Act shall be laid, as sotn as may be after it is made, before each. House of Parliament, while it is in sec njx,.a total period of thirty days whiTfthay be comprised in one sdssion or in'Tv'o or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions a fore said, both Housesagree in making any modification in therule or both Houses agree that the rule should not be made, the rule shall there after have effect only in such modified from or be of no effect, as the case may be; so however, that any such modification or annulment shall be 'without prejudice to the validity of anything previously done under that rule.
16 S 36. Power of State Government to make rules.—( 1) The State Government
may, by notification, make rules to icarry out the provisions of this Act.
(2) In particula, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
terms and ionof service of the Chairperson and Members of the State Commission and their salaries and allowances under section 20;
the procedure to be followed by the-State Commission in the transaction S of its business at a meeting under sub-section (4) of section 10 read with section 24;
the powers and duties which may be exercised and performed by the Secretary of the State Commission under sub-section (2) of section 21;
the salary and allowancaathotheL1ewI&and condition of service of officers and other employees of th1e.Ecmission under sub-section (3) of section 21; and -.
form of the statement of accounts and other records to be prepare&by the State Commission uiTub-section (1) of section 30.
(3) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of théState Legislature where it consists of two Houses, or where such Slate Legislature-consists of one House, before that House. - -
37. Power to remove dfficulties.-&(1) If any difficulty arises in iiving effect to the provisions of this Act, the Central Government may, by order published in the Qfficial Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficult.:
provided that no order shall be made under this se&ion after the expiry of the, period of two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon asmay be after it is made, before each House of Parliament. -
•1 - - -.
Kerala Gazette No. 17 dated 25th ApriL 2006.
PART I . Section i
GOVERNMENT OF KERALA
Law (Legislation-Publication) Department
NOTWICATION
t4o. 5146fLeg.Pbn.3/06/Law. Dated, Thiruvananthapurwn, 2nd March 2006.
The following Act of Parliament published in the Gazette of India_ $ Extraordinary, Part II, Section J, dated the 20th January, 2006 is hereby
republished for general information. The Bill as passed by the Houses of Paliament received the assent of the President on the 20th January, 2006:
By order of the, Governor:
S. SAINUDEQN,
7> - Law Secretary.
0
o293aw001?
2
THE COMMISSIONS FOR PROTECTION OF CHILD RIGHTS ACT, 2005
(Act No; 4 of 2006)
AN
ACT
Li
to provide for the constitution of a National Commission and State Commissions frr Protection of Child Rig/its and Children's Courts for providing speedy trial of offences against children or of violation of child rights and for matters connecte[ 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 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 necessarysteps to protect children's rights enumerate,d 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
(lildnea—;Q03 ldrpn 2D
AND WHEREAS the UN General Athembly Special Session on Children held in May, 2002 adopted an Outcome Document titled "A World Fit for Children" 0 containing the goals, objectives, strategies and activities to be undertaken by the member countries for the current decade
AND WHEREAS itis expedient to enact a law relating to children to give effect to the policies adopted by the Government in this regard, standards prescribed in the CRC, and all other relevant international instruments; -
- BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:— -
S. .3 CHAPTER I
PRELIMJNAR7
1. Short title, extent and commer,cement —(1) This Act may be called the Commissions for Protection of Child Rights Act, 2005
It'extends to the whole of India except the State of Jammü and Kashmir,
It shall come into force on such date as the Cental Go"ernment may, by notification in the Official Gazette, appoint.
2. Definitions.-- In this Act, unless the context otherwise requires,-
"Chairperson" meanl the Chairperson of the Commission or of the State Commission, as the case may be
"child rights: includes the children's rights adopted in the United Nations convention on the Rights of the Child on the 20th November, 1989
* and ratified by the Government of India on the 11th December, 1992
"Commission" means the Nationai Commission for Protection t- of Child Rights constituted under section 3
"Member" means a Member of the Commission or of the State Commission, as the case may be, and includes the Chairperson;
"notification" means a notification published in the Official Gazette . .
"priscribed ... means prescribed by rules made under this Acc
- (g) 'State Commission" means a State Commission for Protection of Child Rights constituted under section 17.
r CHAPTER Ii
THE NATIONAL COMMISSION FOR PP OTECTION OF CHILD RIGHTS
3. Constitution of National Commission for Protection of Child
Rights.—) The Central Government shall,by notification, constitute a body to be known as the National Commission for Protection of Child Rights to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.
4 I- (2) The Commission shall consist of the following Members.
namely:—"
a Chairperson who- is a person of eminence and hag done outstanding work for promoting the welfare of children and
six Members out of which at least two shall be women, from the following fields, to be appointed by the Central Government from amongst persons of eminende, ability, integrity, standing and experience in,— -.
education
child health, care, welfareor child developmeiit 7 juvenile justice or care of neglected or marginalized children or
children with disabilities
elimination of child labour or children in distress
child psychology or sociology and
laws relating to children. -
(3) The office of the Commission shall be at Delhi.
- 4. Appointment of Chairperson and Members—The Central Government shall, by notification, appoint the Chairperson and other Members
Provided that the Chairperson shall be appointed on the recommendation of a three member Selection Committee constituted by the Central Government under 4 the Chairmanship of the Minister in-charge of the Ministry of Human 1esouce Development.
5. Term of office and conditions of service of Chairperson and Memberi-(1) The Chairperson and every member shall hold office as such for a term of three years from the date on which he assumes office
Provided that no Chairperson or a member shall hold the office for more than two terms ; *
Provided further that no Chairperson or any other Member shall hold office as such after he has,attained.— -
in the case otthe Chairperson, the age of sixty-five years and
in the case of a Member, the age of sixty years.
(2) The Chairperson or a Member may, by writing under his hand.addressed to the Central Government, resign his office at any time.
6. Salaiy and allowances of Chairperson and Members.— 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:
Provided that neither the salary and allowances nor the other tents and conditions of
.
service ofthe Chairperson or aMember, as the case niay1e, shall be varied to his disadvantage after his appointment. -
7 Removal from office.—(l) Sttbject to the provisions of sub-section (2), the Chairferson may be removed from his office by an order of the Central
• Government on the gro4nd of proved misbehaviour or incapacity.
(2) Notwithstanding anything contained in sub-section (t), the Central Government may by trder remove from office the Chairperson or any otl?er Member, if the Chairperson or, as the case may be, such other Member,-
- (a) is adjudged an insolvent or
engages during, his tent of offiëe in any paid employment outside the duties
V ofhisofflce;or -
reftes to act or becomes incapable of acting or
• (d) is of unsound mind and stands so declaitd bya competent court or
has so abused his office as to render his continuance in office detrimental -
tdthe public interest or - -
is convicted and sentenced to imprisonment for an offence which in the opiniqn df the Central Government involves moral turpitude ; or
is without obtaini g leave of absence from the Commission, absent from three consecutive meetings of the Commission.. -
(3) No person shall beremoved under this section until-that person has been given an opportunity of being heard in the matter.
8. Vacation of omce by Chairperson or Member-Al) If the
Chairperson or, as the case may be, a Member,-
becomes subject to any of the disqualifications mentioned in
section7;or . .
ten1ers his resignation tinder sub-section (2) of section 5,
his seat shall thereupon become vacant. .
6.
(2) If a casual vacancy occurs in the office of the Chairperson or a Member, whether by reason of his death, resignation orotherwise, such vacancy shall be filled within a period of ninety days by making afresh appointment in accordance with the provisions of section 4 and the person so appointed shall hold office for the remainder of the term of office for which the Qhairperson; or a Member, as the case may be, in whose place he is so appointed would have held that office;
9. Vacancies, etc. ) not to invalidate proceedings of Commission—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
any defect in the appointment of, a person as the Chairperson ota Membei or - t
any irregularity in the procedure of the Commission not affecting the merits of the case.
10. Procedure for transaction of business._L_.(l) The Commission shall - meet regularl)& at its office at such time as the. Chairperson thinks fit, but three months shall not intervene between ifs last and the next meeting.
All decisions at a meeting shall be taken by majority:
Provided that in the case of equality of votes, the Chairperson, or in his absence the person presiding, shall have and exercise a second or Casting vote.
If for any reason, the Chairperson, is unable to attend the meeting of the Commission, any Member chosen by the Members present from amongst them selves at the meeting, shall preside.
The Commission shall observe such rules of procedure in the transaction of its business at a meeting, including the quorum at such meeting, as may be prescribed by the Central Government. -
All orders and decisions of the Commission shall be authenticated by the Member-Secretary or any other officer of the Commission duly authorised by Member-Secretary in this behalf.
11. Member-Secretary, officers and other employees of Cornmission.—(l ). the Central Government shall, by notification, appoint an officer not below the rank of the Joint Secretary or the Additional Secretary to the Government pf India as a Member-Secretary of the Commission and shallmake available to the Commission such other officers and employees as may be necessary for the efficient performance of its functions.
N
IL -i The Member-Secretary shall be responsible for the proper
administration of the affairs of the Commission and its day-to-day management and shall exercise and discharge such other powers and perform such other duties
as may be prescribed by the Central Government.
The salafy and allowances ayable to, and the other terrfrs and •conditions of service of the Member-Secretary, other ofticers and employees,
appointed for the purpose of the commission shall be such as maybe prescribed by the Central Government.
Salaries and allowances to be paid out of grants—The salariesand
allowances payable to the Chairperson and Members and the administrative
• expenses, including salaries, allowances - and pensions payable to the Member-
• Secretary, other officers and employees referredto in section II, shall be paid out
of the grants referitd to in sub section (1) of section 27.
CHAPTER III
FUNCTIONS AND POWERS OF THE COMMISSION
Functions qf Commission. —(1) The Commission shall perform all o; any of the following functions, namely:-
examine and review the safeguards provided by or under any law for the time being in force for the protection of child rights and recommend measures
t fortheir'effective implementation - -
present to the central (3overnmbnt, annually and at such othei intervals, as the Commission may deem fit, reports upon the working of those safeguards;
S (c) inquire into violation of child rights and recommend initiation of proceedings in such cases
examine all factors that inhibit the enjoyment of tights of children affected by terrorism, communal violence, riots, natural disaster, domestic violence, HI V/AIDS, trafficking, maltreatment, torture and exploitation, poronography and prostitution and recommend appropriate remedial measures; -
look into the matters relating to children in need of special care and protection including children in distress, marginalized and disadvantged children, children in conflict with law, juveniles, children without family and children of prisoners and recommepd appropriate remedial measures
'•1 s]
(f) study treaties and other international instruments and undertake periodical review of existing policies, programmes and other activities on child rights and make recommendations for their effective implementation in the bet interest of children; -
° (g) undertake and promote research in the field of child rights;
(it) spread child 'rights literacy among various, sections of the society and promote awarenessof the safeguards available for protection of these rights through publications, the media, seminars and other available means;
(i) inspect or'cause to be inspected any juvenile custodial homE, - or any other place of residence or institution meant for children, tinder the control of the Cenfral Government or any State Government or any other authority, including any institution run by a social organisation; where children are detained or lodged for the pUrpose of freatment, ref?rmation or protection and take up with these authorities for remedial action, if found necessary;
(j) inquire into complaints and take-suo inoflt notice of matters relating to,—. '
deprevation and violation of child rights;
non-implementation of laws providing for protection and development of children;
non-compliance oft policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring 'welfare of the children and to.provide relief to such children,
or take up -the issues arising out of such matters with appropriate authorities; and
(k) such other functions as it may consider necessary for the prowotion of child rights and any other matter incidental to the above functions; - -
(2) the Commission shall not inquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force.
14. Powers relating to inquiries.—(1) The Commission shall; while inquiring into any matter referred to in clause (I) of sub-section (1) of section 13 have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1998 (5 of -1908) -and, in particular, in respect of the following matters, namely:--
(a) summoning and enforcing the attendance-of any person and examining -. himonoath; ' ,
9 ,
discOvery and production of any document;
receiving evidence of affidavits;
requisitiOning any public record or copy thereof from any court or office; and
(-e) issuing commissions for the examination of witnesses or documents.
• (2) The Commission shall have the power to forward any case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint agains.t the accused as if the case has been thrwarded to him unde; Section 346 of the Code of Criminal Procedure, 1973 (2 of- 1974). ..
15. Steps after inquity.-The Commission may take any of the following steps upon the comp1tion of an inquiry held under this Act, namely:— -
where the inquiry dkscoses,.the Comrñission of violation of child rights of a serious nature of contravention of provisions of any law.for the time being in force, it may recommend to the concerned Government or authority the-initiation of proceedings for prosecution or such other actionas the commission may deem fit against the concerned person or persons;
approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessazyr
recommend to the concerned Gpvërnment or authority for the grant of such interim relief to the victim or the members of his family as. the Commission may consider necessary.
16.. Annual and special reportv of Comthission.-41) The Commissidn shall sábmit an annual report to the Central Government and to the State Government toncerned 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.
The Central Government and the State Goveruthent concerned, as the case may be, shall cause the annual and special reports of the Commission to be laid before each House of Parliament or the State Legislature respectively, as the case may be, along with a memorandum of action taken or proposed to be taken on the recommendations of the Commission and the reasons for non-acceptance of the recommendations, if any, within a period of one year from the date of receipt of such report.
The annual report shall be prepared in such form, manner and contain such details as may be prescribed by the Central Government. -
- . G293/2006/DTP.
10
CHAPTER IV
STATE COMMISSIONS FOR PROTECTION OF CHILD RIGHTS
17. Constitution of State Commission for Protection of C'hild Rights.-(1) A State Government may cOnstitute a body to be known as the ................(name of the State) Conirnission for Protection of Child Rights to exercise the powers conferred upon, and to perform the furctions assigned to, a State Commission under this Chapter.
(2) The State Commission shall consists of the fbllowing Members, namely:--
a Chaitperson who is a person of eminence and has done outstanding ! work for promoting the welfare of children; and
six Members, out of which at least two shall be women, from the - following fields, to-be appointed by the State Government from amongst persons of eminence, ability, integrity, standing and experience in,--
(i) education;
(H) child health, care, welfare or child development; -
juvenile justice or care of neglected or marginalized children or children with disabilitie;
el.iminatioij of childlabour or children in diuess;
child psychqlogy or sdciolqgy; and
\ (vi) laws relating to children. -
(3) The headquarter of the State Commission shall be at such place as the State Government may,. by notification, specify:
IS. Appointment of Chairperson and other Members—(I) The State $ Government shall, by notification, appoint the Chairperson and other Members:
Provided thatthe Chairperson shall be appointed on the recommendation of a three Member Selection Commiflee constituted by the State Government under the Chairmanship of the Minister in-charge of the Department dealing with children.
19. Term of office and conditions of service of Chairperson and Memhers—(i) The Chairperson and every Members shall hola office as such for a term of three years from the date on which he assumes office: =
• Provided that no Chairperson or a Member shall hold the office for more than two terms; - .. .
ii
Provided further that no Chairperson or any other Member shall hold - office as such after he has attained-
in the case of Chairperson,the age of sixtyfive years; and
in the case of a Member, the age of sixty, years.
(2) the Chairperson or a Member may: by writing under his hand addressed to the State Government, resign his offiee at any time.
20. Salary and allowances of Chairperson and Menbcrs.—The salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and Members ghall be such as may be prescribed by the State Government:
Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or a Member, as the case may be, -
shall be varied to his disadvantage after his appointmçnt.
21. Secretary, Officers and oilier employees of the State Commission.—(1) The State Government shall, by notification, appoint an officer not below the rank of the Secretary to the State Government as the Secretary of the State Commission and shall make available lo the State
-t Commission such other officers and employeei as may be necessary for the efficient performance of its functions.
The Secretary shall be responsible for the proper administration of the affairs of the State Commission and its day-to-day management and shall exercise and discharge such other powersaderfortn such other dutis as may he presCribed by the State Government.
The salary and allowahces payable to, and the other terms and conditjoris of service of the Secretary, other6ifièeri and employees, appointed for the purpose of the State Commission shall be suchas may be prescribed by the State Governnient.
22. Salaries and allowances to 'be paid out of grants—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, shill be paid out of the grants referred to in sub-section (1) of section 28.
~ 23. Annual and special reports of State Co,nmission.—(l) The State Commission shall submit an annual report to the State Government
• and may at any time 'submit special reports on any matter whiCh, hi its opinion, is of such urgency or importance that it should not be deferred till submission of the annual report. -
12
.
(2) The State Government shall cause all the reports referfed to in sub-section (1) to be laid before each House ofState Legislature, where it consists of two Houses, or where such Legislature consists of one House 4 before that House along with a 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 recomm'endations. -
,(3) The annual report shall be preparei in such form,manner and contain such details as may be prescribed by the State t3Overnment.
24. Application of certain provisions relating to National Conzn fission for Protection of Child Rights to State Comniissions.—The provis!ons of sections 7,
. 9, 10, sub-section (1) of s.ection 13 and sections 14 and 15 shall apply to a State Commission andshall have effect, subject to the following modifications;namely:-
rderences to "CQmmission" shall be construed as reFerences to "State Commission"; - -
referenées to "Central overnment" shall be construed as references to "State Government"; and
references to "Member-Secretary' shall be construed as references to "Secretary".
CHAPTER V
CFIILDREN'S COURTS'
- 25. Children's Courts—(I) 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 nt%.ifièation,: specify at least a êourt in the State or specify, for each district, a Court of Sesion to be a Children's Court to try the said'offences:
Provided that nothing in this section shall apply if-
• - (a) a Court of Sessions is already specified as aspecial court; or -
(b) a special court is already constituted, -
for such offences under any other law for the time being in force. -
26. Special Public Prosecutot—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 thakseven years, as a Special Public Prosecutor for the purpose of conducting cases in that court.
13
CHAPTER VI -
FINANCE, ACCOUNTS AND AUDIT
27. Grants by tentral Government.—'.(I) The Centraf Government shall, after due appropriation made-by Parliament by lawin this behalf, pay to the cçmmission by way of grants such suths of money as the Central Government may think fitfor being utilised for the purposes of this 4ct.
V (2) The Commission may spend such sums of money as-it thinkk fit for performing the functions under this Act, aqd such sums shall be treated as
expenditure payable out of the grants referred to in sub-section (I).
S .28. Grants by State Governments.—l) Th:State Government shall, after due appropriation made by Legislature by law in this behalf, pay to the State Commissioh b' way of grants such sums of money as the State Government may think fit for being utiliséd for the purposes of this Act. -
(2) The state Commission nlayspend such sums of money as it thinks fit for performing the functions under Chapter III of this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1).
29. Acbounts and audit 6Y Commission—(i) The Comnijssion shall maintain proper accounts and other relevantrecords and prepare an annual statement
-of accounts in such form as may be prescribed by the Central Government in consultation with theomptrolier and Auditor-General of India. -
The accounts of the Conimission shall be audited by the Comptmller and Auditor-General at such intervals as may be specified by him and an
f expenditire incurred in connection with such audit shall be payable by the Cothnthsion to the Comptroller and Auditor-General. /
The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Commission under this Act - shall, have the same rights and privileges and the authority in connection with such audit of as the comptroller and Auditor-General Generally has in connection with the Audit of Government accounts and, in particular, shall have the right to dmand the production of book, accounts, connected vouchers and other documents and papers and to inspect any of the officers of the Commission.
11 (4) The accounts of the Commission as Certified by the Comptroller and
Auditor-General or any other person appointed by -him in this behalf, together with the audit report thereon shall be forwarded annually to the Ce4tral Government by the Commission and the Central Government shall cause the audit report to be laid, as soon as may be after it is redeived, before each House of Parliament.
It! 30. Accounts and audit of State corntnission—(l) The State Commission
shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribejy the State Government in consultation with the Comptroller and Auditor-General of India;
The accounts of the State Commission shall be auditedby 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 State Commission to the Comptroller and Auditor-General. .
The Comptroller and Auditor-General and any person appointed by him in coinnection with the audit of the accounts of the State Commission under this Act shall, have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Gbvenment accounts and, in particular, shall have. the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the officers of the State Commission.
The accounts of the State Commission as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be fowarded annually to the State Government by, the State Commission and the State Govern4nt shall cause the audit report to be laid, as soon as may be after it is received, before the State legislature;
CHAPrER VII
MISCELLANEOUS
311 Protection of action taken in good faith—No suit, prosecutiort or other legal proceeding -shall lie against the Central Govermnent, the State Government, the Commission, the State Commission, or any member thereof any person acting under the direction either of the Central Government, State Government, Commission or the State Commission, in respect of anything which ig in good faith done or intended to be done in pursuance of this Act of or any rules made theEeunder 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. Chairperson, Members and other offlcers to be public servant.—Every Member of the Commission, State Comn'.ission and every officer appointed in the commission or the State Commission to exercise functions under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Petial Code (45 of 1860).
I
15
Directions by Central Government—(I). .Jn 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.
(2) If any dispute arises between the Central dovernment and the Commission as to whether .aquestion is or is not a question of policy relating to national purposes, the decision of the Central Government thereon shall be final.
Returns or information—The Commission shall furnish to the Central Government such returns or other information with respect to its activities as the CentralGovernment may, from time to time, reuire.
Powers 'of Central Government to make rules.—(]) The Cenfral Government may, by notification make rules, to carry out the provision of this Act.
(2) In particular and without prejudice tothe generality of the forgoing po,wer, such rules may provide for all or any of the following matters, namely
4s) terms and conditions of service'of the Chairperson and Members of the Commission and their salaries and allowances under section 6
"s (b) the procedure to he followed by the Commission in the transation of its business at a meeting under sub-section (4 9fsection 10)
the powers and duties which may be eketcised and performed by the Member-Secretary, of the Commission under sub-section (2) of section 11
the salary and allowances and other terms and conditions of service of
'
officers' and other employees of the Commission under sub-section (3) of section 'll;and,
form of the statement of accounts and other records to be prepard by the Commission ander sub-section (1) of section 29.
(3) Every rule made under this Act shall be laid, as sotn as may be after it is made, before each. House of Parliament, while it is in sec njx,.a total period of thirty days whiTfthay be comprised in one sdssion or in'Tv'o or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions a fore said, both Housesagree in making any modification in therule or both Houses agree that the rule should not be made, the rule shall there after have effect only in such modified from or be of no effect, as the case may be; so however, that any such modification or annulment shall be 'without prejudice to the validity of anything previously done under that rule.
16 S 36. Power of State Government to make rules.—( 1) The State Government
may, by notification, make rules to icarry out the provisions of this Act.
(2) In particula, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
terms and ionof service of the Chairperson and Members of the State Commission and their salaries and allowances under section 20;
the procedure to be followed by the-State Commission in the transaction S of its business at a meeting under sub-section (4) of section 10 read with section 24;
the powers and duties which may be exercised and performed by the Secretary of the State Commission under sub-section (2) of section 21;
the salary and allowancaathotheL1ewI&and condition of service of officers and other employees of th1e.Ecmission under sub-section (3) of section 21; and -.
form of the statement of accounts and other records to be prepare&by the State Commission uiTub-section (1) of section 30.
(3) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of théState Legislature where it consists of two Houses, or where such Slate Legislature-consists of one House, before that House. - -
37. Power to remove dfficulties.-&(1) If any difficulty arises in iiving effect to the provisions of this Act, the Central Government may, by order published in the Qfficial Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficult.:
provided that no order shall be made under this se&ion after the expiry of the, period of two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon asmay be after it is made, before each House of Parliament. -
•1 - - -.
Keral'a Gazette No. 32 dated 7th Augut, 2007. PARTI . Sectióni
a. GOVERNMENT OF KERALA
Law (Legislation-Publication) Department p
NOTIFICATION
No. 13936/Leg. Pbn. 4/07/Law. Dated, Thiruvdnanthapuram, 181h June 2007.
The following Act of Parliament published in the Gazette of hidia, Extraordinary Part II, Section 1, dated the 2nd January, 2007 is hereby republished for general infbrmation. The Bill as passed by the Houses of Parliament received
• - the assent of the President on the 29th December, 2006.
- By order of the Governor,
P. S. GpPINAThAN,
Law Secretwy.
4.
G. 674/2007f11Tf'
2
THE.COMMISSIONS - FOR PROTECTÔN OF CHILD RIGHTS - (AMENDMENr)Acr,.2006.,
(Acr No. 4 OF 2007)
AN
. ACT
to dmend the Commissions for Protection of Child Rights Act, 2005.
BE it enacted by Parliament in the Fifty-seventh Year of the Republic of
India as follows:-
li Short title—This Act may be called the, Commissi&ns for Protection of Child Rights (Amendment) At, 2006.
- 2. Amendmenf of section 4 of Act 4 of- 2006.—In the Commissions for Protection of Child Rights Act, 2005, in the proviso to section 4, for the words "Minister in-charge of the Ministry of Human Resource Development", the woids "Minister in-charge of the Ministry or the Depaftment of Women and Child Development" shall be substituted.
4
/
(b R—R)0fi/00O7fl006—o8
REGISTERED NO. 1)1-0)0410007t2006--o8
the Wantte otud14 • . Kw. . -
EKJRAORDINARY
PART II — Section 1
-. T1ttFIIfttcl -
PUBLISHED BY AUTHORITY
•* 41 41 1 I1c4i(, 119WU 2, 2007/ t 12, 1928 No. 41 NEW DELHI, TUESDAY, JANUARY 2,2007 / PAUSA 12,1928 -
a __ I
Sjiit.aitpagir iS 94o;1 o tart in oraertflut9t -iaiyoeincu eparaiun.paiio..-
MINISTRYOFLAWAND JUSTICE . (Legislative Department)
- . New Delhi, the 2nd January 2007/Pausa.l2, 1928 (Saka) •
The following Act of Parlilment received the assent of the President on the 29th December, 2006, and is hereby published for general information:-
- a THE COMMISSIONS FOR PROTECTION OF dHILD RIGHTS (AMENDMENT) ACT, 2006
No.4oF2007
[29th Decembc, 2006]
AnActto amend the Commissions forProtection of Child RightsAct, 2005:
BE it enacted by Parliament in the 'Fifty-seventh Year of the Republic of India as follows:— -. - • . -
1. This A'einiay be cafled the Commissions for Protection of Child Rights (Amendment) Short title. /•• Act,2006 ' -
- I
. •
2 THE GAZE1TE OF INDIAEXTRAORDJNARY [PAIT 11—SEc. I],
Amendment 2.1 n the Commissions for Protection of Child Rights Act, 2005, in the proviso to of section 4 section 4, for the words "Minister in-charge of the Ministry of Human Resource Development", of Act 4 of the words "Minister in-charge of the Ministry or the Department of Women and Child 2006,
Development" shall be substituted.
K.N. CHATLJRVEDI, - Secy. to the Govt ofIndia.
:4 4 i
PRINTED BY THE MANAGER, GOVERNMENT OP INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI. 2007.
MGIPMRND-4G1--03-01-2007.
- 4 2 ---.-
-22
THE GAZEllE OF INDIA: EXTRAORDINARY [PART 11—SEC. 3(i)]
MINISTRY OF WOMEN AND CHILD DEVELOPMENT
S NOTIFICATION
New Delhi, the 8th February, 2012 -
G.S.R. 74(E).—In exercise of the powers conferred by clause (d) of sub-section (2) of Section 35 of
the Commissionsfor Protection of Child Rights Act, 2005 (4 of 2007), the President hereby makes the following rules regulating the method of iecruitment to various posts in the National Commission for Protection of Child Rights under the Ministry of Women and Child Development, namely
Short title and commencement.—(l) These Rules may be called the National Commission for Protection of Child Rights Staff Recruitment Rules, 2012.
(2) They shall come into force on the date of their publication in the Official Gazette.
Application.—These Rules shall apply to the posts specified in column (I) ofthe Schedule annexed to these Rules.
Number of post, classification and scale of pay.—The number of the posts their classification and scale of pay attached thereto shall be as specified in Column (2) to (4) of the said Schedule.
Method of recruitment, age-limit, qualification, etc.—The method of recruitment of the said posts, age-limit, qualification and other mailers relatingthereto shall be as specified in columns (5) to (13) ofthe Schedule aforesaid.
Appointing Authority.—All appointments shall be made by the Member Secretary, National Commission for Protection of Child Rights.
Disqualification.—No person,-
(i) who has entered into or contracted a marriage with a person having a spouse living; or
(ii)w ho, having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to the said post:
Provided that the Central Government may, if satisfied that such a marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exemptany person from the operation of this rule. -
Powers to relax.—Where the Central Government is of the opinion that it is necessary or - expedient to do so, it may, for reasons to be recorded in writing, relax any of the provisions of these rules with
respect to any class or category or persQns.
Saving.—Nothing in these rules shall affect reservations, relaxations Of the age-limit and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, -Ex-servicemen and other special categories of persons in accordance with the Orders issued by theCentral Government from time to time in - this regard.
21 ill *ft7
ftwrz~ * 31Th5TRZu1 tt gftftp g - a
UR 4I$T
(H) 2400 T. * 5200-20200 . * *ff9R 5
ftzrfto
(12) (13)
1IT&tF a4Uw :HtuT 311* - alujar (H) fit / qfj a i& ftcFm 4a a Sr rewi 341*
(Hi) a 3R1tur a -
(iv) fr SFt / ia it (t), *u gi QXmw 9• 1i -
[115 t. 3-6/201 O — * -t- 1 I
4' S
p
I
I
I
a - -
•0.
SCHEDUII
Name of the
Number of posts
Classi- lication
Pay Band and
Whether selection
Age limit for direct
Educational and other
Whether age and
Period of probation
Method of recruitment
In case of recruitment by promotion or If a Departmental Circum post Grade post or recruits, qualifications educational any. ,if deputation or absorption, grades from Promotion -
Pay or Scale of
non- required for qualifications whether by direct
which promotion or deputation absorption to be made,
Committee exist., stances selection direct prescribed recruitment
what is its in pay post recruits, for direct or by
composition, which
recruits will promotion or Union
apply in the by Public
case of deputation Service
promotes. or Commi
absorption -Ssion
and is to be
percentage of conS sult
the vacancies in
to be filled in making
vnrious recruit-
2. 3. 4, d 5, 6. 7. methods, ment.
Director 1(2011) Group P84: Not Not Not 8.
Not 9,
Not 10. II. 12. 13.
The Selection N
subject to vanation
'A' Rs. applicable applicable applicable applicable applicable Deputation including
By deputation of Officers from Central State 37400- or Governments (subject to the Committee will °r depending . 67.000 short-term exemption from the rule of immediate comprise of:
on with contract absorption to be obtained from time to a e workload. Grade Pay time). Central Universities or Member
lts.8.700/. Recognised Research Institutions or Secretary, National Public Sector Undertakings or Central Commission for Autonomous Bodies who am:- Protection of Child
Rights-Chairperson (i) holding analogous posts on regular bis: or having five years of regular Joint Secretary service in the Pay Scale of Rs. 15.600. of Ministry of 39100 with Grade Pay of Rs. 7.6001.: or Wnmen and Child having ten years of regular service in the Development in' Pay Scale of Rs. 15600-39j00 with charge of National Grade Pay of Ks. 6600/-; Commission for
Protection of Child Essential qualifications or experiences: Rights -Member
(H) having a Graduate Degree in any (iiiJoint Secretary discipline of Social Sciences from a (Administration) of recognised university; and Ministry of Women
having five years of experience in and Child Establishment and General Development - Administration; Member
I
I
WON
Desirable experience:
- (iv)having 5 years of experience in
Child Rights or Child Protection or
Welfare or Child Development and
- Programme Administration.
(Note: The period of deputation including the period of deputation in another ex-
- cadre post held immediately preceding -
this appointment in the sthne or other
- organ isation or departments of the
- Central Governments or States
- Government shall ordinarily not exceed five years) and will be subjected to the age of superannuation as determined by
- Government of India.
The upper age limit for deputation shall
- be 56 years, subject to the age of -
superannuation as prescribed by Government of India from time to time. -.
L - 2. 3. 4. 5. 6. 7. 8. 9. 10. II. 12. 13.
Registrar 1 (2011) Group PD4: Not Not Not Not Not Deputation Essential: The Selection Not
'A' Rs. applicablc applicable applicable. applicable, applicable including . Committee will applica-
tsubject 37,400- short-term (i) Officers of the Indian Legal Service comprise of: ble
to 67,000 contract holding analogous posts under the
variation with Central Government; or
depending Grade Pay . (i) Member
on Rs. (ii) Officers holding analogous posts Secretary, National
workload. 8,700/-. under the Central Government or Commission for Supreme Court or High Court and Protection of Child
possessing experience as Registrar Rights-Chairperson of higher judiciary or any other post
- involving interpretation or (ii) Member,
- applicatiun of statutes; or National
- Commission for .
(iii)Officers from the Central or State Protection of Child
Government or Supreme Court or Rights(dealing with
- High Courts or Central Autonomous laws-relating to Bodies or Public Sector Undertaking children)-Member having five years of regular service
in the pay scale of Rs. 15,600- (iii)Joint Secretary
39,100 with Grade Pay of Rs. of Ministry of 7,600/- or ten year of regular service Women and Child
in the pay scale of Rs. 15,600- 1 Development in- I - .
pl
-#
III
U)
1fl Gi/l 2--3
sq
39,100 with grade pay of Rs..6600/-: charge of National and ëommission for
- Protection of Child (iv)Having a Graduate Degree in Law or Rights -Member
Post Graduate Degree in Social Work or Political Science or Public Administration 1mm a recognised University or Institution.
Desirable:
Five years of working experience in I - . the field of the child rights or child
protection or child welfare or child rights rirotection work; and Training in child rights or human rights.
(Note: The period of deputation including
the period of deputation in another er- cadre post held immediately preceding this appointment in the some or other argon isatian or departments of the
Central Gavernmenis or States Government shall ordinarily not exceed
- five years) and will be subjected to the age of superannuation as determined by Government of India.
- The upper age limit for deputation shall be 96 years. subject to the age of superannuation as prescribed by Government of India from time to time.
1. 2. 3. 4. 5. 6. 7. 8. 9. tO. 1 Il. 12. U. Presenting I • (2011) Group P13-3: Not Not Not Not Not Deputation By deputation of officers from Central or The Selection Not Officer 'A' Rs. applicable applicable applicable . applicable applicable including State Governments (subject to the Committee will applica-
subject to short-term exemption from the rule of immediate comprise of: ble vanalion 39.100 . eootract)/ absorption to be obtained from time to depending on with contract, time) or Supreme Court or High Courts (0 Member
workload. Grade Pay or Central Universities or Recognised Secretary, National Ps Research Institutions or Public Sector Commissián for
6.6001- - - Undertakings or Central Autonomous Protection of Child Bodies, who are: Rights-Chairperson
(i)hotding analogous posts on regular (ii) Joint Secretary basis: or having five years of regular of Ministry of service in Pay Band-3: Rs, 9,300-34.800 Women and Child
I
61 with Grade Pay of Es. 5,400; or having Development in-
- six years of regular service in the Pay 'charge of National scale of Es. 9,300-34,800 with Grade Pay Commission for Es. 4,800; Protection of Child
- - Rights-Member Essential qualification or experience:
• (iH)Reg • having a graduate degree in law from National
a recognised university; and Commission for -
-
having five years of experience in Protection of Child court matters or interpretation or Rights -Member application of statutes;
- - Desirable expen....
-
having experience in dealing with child related cases or matters.
(Note: The period ofdeputation including -
the period-of deputation in another er- cadre post held tmmediately preceding this appointment in the same or other organsat ion or department of the Central Government or State Government shall
- ordinarily not exceed four years and will
• be subjected to the age ofsuperannuation as determined by Government of India
- from time to time.)
The upper age limit for deputation shall -
- be .56 yeam subject to the age of superannuation as determined by
1. 2. 3. 4. 5. Government of India from time to time.
Principal Private
7 (2011) Group 'A'
P8 -3: Rs.
Not applicable
6. Not
7. Not
8. Not
9: Not
10. Deputation
II. (i)By deputation of officers from Central
12. The Selection
13. Nof
Secretary tsubject 15.600- applicable applicable applicable applicable including or State Governments (subject to the Committee will applica-
to 39,100 '
short-term exemption from the rule of immediate comprise of: ble variation with
contracti absorption to be obtained from time to
depending Grade Pay -
contract time) or Supreme Court or High Court or .(i)Member'
Oil - PIS. Central Universities or Recognised Secretary, National
workload. 6,600/- - Research Institutions or Public Sector Commission for
Undertakings or Central Autonomous Protection of Child Bodies, who are:- Rights-Chairperson (a) holding analogous post on regular (ii)loint Secretary of
- basis; or having five years of regular Ministry of Women service as Priyate Secretary in the Pay and Child ScaleofRs.9,300-34,800(PayBand-3) Development in- I
- 4-
-1
rn
0
t,1
I to
0 "l
fri
H
C
C
U,
Sr .
cbarge of Natifl six yeats of regular service as Nvate Commission for Secretanj in the Pay Scale of Its. 9300- Protection of Child 34,800 with Grade Pay of Its. 4,800/-; Rights-Member
(b) having a graduate degree in any (iii)Dircctor, discipline from a recognised university; NationS and Commission for
Protection of Child (c)9'roficiency in working on computeL Rights -Member (will be determined through an internal
test conducted by National Commission for Protection of Child Rights).
(Note: The period of deputation including the period of deputation in another ax- cadre post held immediately preceding this appointment in the same or other organisation or department of the Central Government or State Government shall ordinarily not exceed four years and will be subjected to the age of superannuation as determined by Government of India from time to time.)
The upper age limit for deputation shall be 96 years, subject to the age of superannuation as determined by
1. 2. 3.
______________ Government of India from time to time.
Assistant Director
01 • (2011)
Group B
4.
PB -2: Its. 9.300-
5. Not
6. Not
7. Not
8. Not
9. Two years
to. Promotionl
II. (i)By promotinn with eight years of
127 The Selection
13. Not applicable applicable applicable applicable (t'ro"ded Deputation service in the grade rendered after Committee will applica-
subject 34.800 with
that the controlling
including appointment to the post of Research comprise of: ble
to Grade Pay short-term Assistant in National Commission for
variation of Rs. tnd contract Protection of Child Rights in (Pay Band- Member
depending 5400/- . the perioci 2 with Pay scale of Rs. 9300-34800 with Secretazy, National
upon the 0r Grade Pay- Its. 4200) on a regular basis. Commission for
work probation Protection of Child
load). in [Note: The eligibility list for promotion Rights -Chairperson accorfi,nc shall be prepared with reference to the with the
date of completion by the officer of the Director or nstructtons prescribed qualifying service in the Deputy Secretary of
the Govern, respective grade or post.] Ministry of Womcn meat from and Child time (o (ii)By deputation of officials from Development in- time,) Central or State Governments (subject to charge of National
exemption from the rule of immediate I Commission for
9.
absotion to be obtained Into time to Protection of CffiId lime) Centsal Universities or Recognised Rights -Member
-Research Institutions or Public Sector Undertakings or Central Autonomous (iii) Registrar,
Bodies who are :- National - Commission for (a) holding analogous post on regular Protection of Child
- basis; or having two years of regular service as
b senior Research Assistant in Rights - Member
the Pay scale of Rs. 9300-34800 with Grade Pay of Rs. 4800/-; or having three years of regular service as a Research Assistant or Senior Research Investigator in the Pay scale of Rs. 9,300-34,800 with Grade Pay of Rs. 4,600/-; or having eight years of regular service as Research - - Investigator in the Pay scale of Rs. 9,300- 34,800 with Grade Pay of Rs. 4,2001-;
(b)having a post-graduate degree from a recognized university in social work or psychology or child development or sociology or law or political science or public administration;
(c) having 'proficiency in computer.
'(Proficiency Test would be internally conducted by National Commission for Protection of Child Rights)
(Note: The period of deputatioti including' the period of deputation in another a- cadre post held immediately preceding
• this appointment in the same or other organisatton
or department of the Central Government or State Government shall ordinarily not exceed three years)
The upper age limit for deputation shall. be '56 years or as prescribed by
2. 3. 4.
_________
' 5.
__________ ____________ ___________ Governmentof Indiafromtim&totime.
Accounts Officer
I * (2011) Group fl'
PB-2: Rs. 9,300-
Not applicable
6. Not
7. Not
8. Not
_ Two years
10. Promotioril
II. (i) . By promotion with eight years service
12. The Selection
13, Not
'subject ' applicable applicable applicable (Provided Deputation in the grade rendered after appointment Committee or applica-
• to with co34,800 that the,
mroig including to the post of Accounts clerk in National Departmental ble
authority short-term Commission for Protection of Child Promotion
H .# • '
a
C)
I rr, C '1
0
—1
C
V.
--I. • '.0 -r
variation Grade Pay - may extend contract Rights in Pay Band-2 in the Pay scale of Committee will depending of Rs. theperiod Its. 9300-34800 with Grade Pay of Its, comprise of: on 5.400/- of 4200 I- Dna regular basis. vorkload. probation Member
in cordance [Note: The eligibility list for promotion Secretary, National
• with the shall be prepared with reference to the Commission for
instructions date of completion by the official of the Protection of Child isiued by prescribed qua4fring service in the Rights-Chairperson - the Covent- respective grade/post] I
• rnent from Director or time to . 7(u) By deputation of official from Central Deputy Secretary of time.) Government (r4ibject to the exemption Ministry of Women
fitm 1 the nile of immediate absorption to and Child be obtained from time to time) Central Development in- Universities or Recognized Research charge of National
- Institutions or Public Sector Commission for Undertakings or Central Autonomous Protection of Child Bodies, who am:- Rights-Member
(a) holding analogous post on regular Director, basis: or having two years of regular National service as Assistant Accounts Officer or Commission for Auditor in the Pay scale of Its. 9,300- Protection of Child 34,800 with Grade Pay of Its. 4.8001-; or Rights - Member having three years of regular service as Junior Accounts Officer or Senior Accountant in the Pay scale of Rs. 9.300- 34,800 with Grade Pay of Rs. 4,600/-: or having eight years of regular service as Accountant or Accounts Clerk in the Pay scale of Its. 93.00-34.800 with Grade Pay of Its. 4,2001-:
(b)having a B.com degree or equivalent from a recognised university;
(c)having a pass certificate in Sub Accounts Service or equivalent examination conducted by any organised
- accounts Department of the Central Government (desirable); and (d)having successful completion of traininiin the cash and accounts work in Institute of Secretariat Training and Management or equivalent(desirab/e).
p
(Note: Theperiod ofdetation including the pe,iod of deputation in another ex- - cadre post held immediately preceding this appointment in the same or other organisation or department of the
I - Central Government or State
Government shall ordinarily not exceed three years.)
The upper age limit for deputation shall ' be *56 years or as prescribed by
6. Government of India from time to time. Desk * (2011) Group - P8-2:. Not Not
- 7. Not
8. Not
9. Two
10. II. 12. 13. Officer 'B' Rs. 9.300. applicable / applicable applicable . applicable
years (Provided
PromotiopJ Deputation
By promotion with five yeass The Selection Not *subject 34,800 . that the of service in the grade rendered after Committee will applica- to with controlling
including appointment to the post of Assistant in comprise ofi ble variation Grade Pay authority short-teem National, Commission for Protection of depending of contract Child Rights in Pay Band : 2 with the Pay (i)Member on Rs.4,600/. the period scale of Rs. 9300-34800 with Grade Pay Secretary, National workload of probation
in ' of Rs. 4200 on a regular basis. Commission for
accordance with the
. [Note: The eligibility list for promotion
Protection of Chid Rights -Chairperson
. shall be prepared with reference to the insrmctions issued by date of completion by the official of the (ii)Dctor or the ver prescribed qualing service in the Deputy Secretary of ment from rekpective grade or post] Minisri-y of Women time , to and Child time.) By deputation of official from Development in-
Cenl or State Governments (subject to che, of National / the exemption from the nile of immediate Commission for absorption to be obtained from time to Pmtection of Chid time) or Central Universities or Rights -Member Recognised - Research Institutions or Public Sector Undertakings or Central (iii)Director,
4 Autonomous Bodies, who are:- National Commission for
(a)holding on regular basis the post of Protection of Child Section Officer or, analogous post in the Rights - Member Pay Scale of Rs. 9,300-34,800 with Grade Pay of Rs. 4,600/-; or having five years of regular service as an Assistant in the Pay Scale of Rs. 9,300-34,800 with Grade Pay of Rs. 4200/-; (b)having
a graduate degree in any discipline from a recognised university;
r
171
C,
0
2 z
07
i-a
*-.
(c)having five yea's of experience in establishment and general administration; and
(d)*Proficiency in working on computer.
(wiII be determined through an internal test conducted by National Commission for Protection of Child Rights).
(Note: The period of deputation including the period of deputation in another ex-cadre post held immediately preceding this appointment in the same - or other organization or deportment of the Central Government or State Government shall ordinarily not exceed three years.)
The upper age limit for deputation shall be 56 years or as prescribed by Government of India from time to time
Hindi Translator
2. I • (2011)
3. Group
4.
PB -2: 5.
Not 6.
Not 7.
Not 8.
Not 9.
Not 10.
Deputation II.
By deputation of official from Central or 12.
The Selection 13.
Not 'B' Ks. 9,300- appiicablc applicable applicable applicable applicable including State Govemments (subject to the Committee will applica- subject 34.800 short-tenn exemption from the nile of immediate comprise of: ble to with contract/ absorption to be obtained from time to
variation depending
Grade Pay Rs.
contract time) Central Universities or Recognised (i)Membcr
on work 4.600/- Research Institutions or Public Sector Secretary. National
load. Undertakings or Central Autonomous Commission for Bodies, who are :- Protection of Child
Rights -Chairperson (a)holding analogous post on regular basis: or having five years of regular (ii)Director or service as a Junior Hindi translator in the Deputy Secretary of Pay scale of Its. 9.300-34.800 with Grade Ministry of Women Pay of Rs. 4200/-. and Child
Development in- (b) having a Masters degree in 1-lindi or charge of National Engiish with English or Flindi as a Commission for compulsory or elective subject or as a Protection of Child medium of examination at degree ievel. Rights -Member
(iii)Director. (iVole: The period of deputation including National the period of deputation in another cx- Commission for ____________ cadre post held immediately preceding Protection of Child ________
'-a
-
-
-
this appointment in the same or other orgaAlzatiàn or department of the Central Government. or State Government shall ordinarily not exceed three years) - -
Theupper age limit for deputation shall be 96, years or as prescribed by Government of India from time to time.
Note:- The translation proficiency will be determined through a skill test internally conducted by National Commission for
-ProttctionofChildRigbts.
Rights -Member
(iv)Hindi Officer or Assistant Director (Hindi), Ministry of
'Women and Child Development- Member
-
1_ 2 3 4- 5- 6 7 - 9 10 II 12 13 Assistant 2 (2011). Group PB-?: Not Not Not Not Two years Promotion/ By promotion with ten years of The Selection Not
'B' Is. 9,300 applicable applicable applicable applicable (Provided Deputation service in the grade rendered after Committee will applica- tsubject - 34800 that the including appointment to the' post of Clerk in comprise of ble to with controlling short-term National Commission for Protection .of , -variation
- Grade Pay 0 xt) en contract Child Rights in Pay Band: I in the Pay (i)Member depending of p3 - - - the period Scale of Rs. 5,200-20,200 with Grade Secretary, National on work 4,200/- of probation Pay of Rs. 2400/-onaregularbasis. Commission for load - - in - - Protection of Child
accordance [Note: The eligibility list for promotion Rights-Chairperson - - with the shall be prepared with reference to the instructions date of completion by the officer of the (ii)Director or issUed by , prescribed quolij5'ing serviEc in' the Deputy Secretary of nent from respective grade or post.] Ministi-y of Wonien tine its ti me. )
' , gy deputation from Cdntral or State
,and, Child Development in-
3overnments (subject to the exemption charge of National from the rule of iittmediate absotption to Commission for
- be obtained front time to time) Central Protection of Child Universities or Recognised Research Rights -Member - Institutions or Public Sector
- .. Undertékings or Central Autonomous (iii)Director, . . Bodies :- - National Commission for
(a)holding analogous post on regular Protectiorf of Child basis; or having ten years of :regul& Rights - MemberS service in the Pay scale of Rs: 5,200- 20,200 with Grade Pay of Rs. 2,400/-; -
- (b)having a graduate degree in any discipline from a recognised university or institution; and
403GI/12--4
-
4'
-
(c) 'proficiency in computer. '(will be detennined through an internal test conducted by Nnional Commission for Pr* tection Of Child Rights).
- (7Vote. The period ofdeptiatfon including the period of deputation in another a- cadre post held immediatesy peceding this appointment in the same or other organization or department of the
- Central Government or State Government shall ordhiarily not exceed ten years)
The upper age limit for depulation shafl '56 yeas or as prescribed by
• (Jowrnmait of India from time to time.
2. 3. 4. 1 5. 6. 7. 8. 9. 10. II. 12. ii Personal 3' (2011) Group PB-2: Not Not Not Not Not Deputation Deputatiom The Selection Not Assistant • 'B' Ra. 9,300- applicable applicable applicable applicable applicable including (i) By deputation from Central or Committee will pplica-
'subject 34,800 short-tenn State Governments (subject to the comprise of He to with contractA exemption from the nile of immediate variation Grade Pay contract absorption to Be obtained from time to (i)Member depending of Rs. time) Central Universities or Recognised Secretary, National on 4,200/- Research Institutions or Public Sector Commission for workload. Undertakings or Central Autonomous Protectiàn Child
Bodies who are:- Rights -Chairperson
(a)holding analogous posts on regular (ii)Director or basis; or having six years of regular Deputy Secretary of
• service as a Stenographer in the Pay Ministry of Women Scale of Its. 5,200-20200 with Grade and Child Pay of Its. 2,800f-; or having to years of Development in- regular service in Pay scale of Its. 5200- charge of National 20,200 with Grade Pay of Rs. 24001-; Commission for
Protection Child (b)possesshig a graduate degree in any Rights -Member discipline from a recognised wriversity or (ui)Dircctor, institution; National
Commission for (c)having stenographic proficiency with Protection Child dictationspeedofatleast8flwvrdsper Rights - Member minute and with t)ping speed of 60 wonls per minute; and
N
I
I I
- '
(d)having 'proficiency in working on -- computer.
(will be determined through an internal test conducted by National Commission for Protection Child Rights)
(v The period ofdeputation including the period of depraa,ion in another a- cadre post held immediately preceding this appointment, in the same or othEr organ/s titian or depanraent of the Central Government or State Government shall ordinarily not exceed tlneyeazs)
The upper age limit for deputation shall be 56 years or as prescribed by
- Government of India from time to time.
1. Research
2. I * (2011)
3. Group
____ P8-2:
5. Net
6. Not
7. Not
8. ____ Two years
10. Deputation By deputation of official from Central or
IL The Selection Assistant
*subject 'B' • Rs. 9,300- applicable er(ctn3
27 years applicable applicable (Provided
that the including State Governments (subject to the Committee will
Not-- apç'lica- 34,800
with (at - short-term exemption from the rule of immediate comprise of: bIt variation (linde Pay in authority conuact/ absorption to be obtained fixm time to
depending Rn. accordance may extend Contact time) Central Universities or Recognised (i)Member
on wor k 4,200/- 'yith ft thep filing which Research Institutions or Public Sector Secretary, National
load. rastoicujeas of by direct Undertakings or Central Autonomous Commission for or orders issued by
probation in
recruitment. Bodies who are:- Protection of Child the Central Govern-
accordance ,
(a)hojng analogus post on regular RigiChirperson
me at). withibe uhlsnctions
I as basisorsxyeofrgular (ii)Dimctor 0117
issued by Research Investigator in the grade pay of Deputy Secretary of Note: The the Govern-. Re. 2800/-; or having ten years of regular Ministry of Women cntcial date meat from service as a Junior Research Investigator and Child for . time to in the grade pay of Ri 2400/-; Development in- determining the age
time.) charge of National liniit shall (b)having a graduate degree from a Commission for be the last recognised university or institution in Protection of Child date of social work or psychology or child Rights -Member • receipt of development or sociology or law or application, political science or public (iii)Registrar,
administration; and National Commission for - - (c) proficiency in working on computer. Protection of Child
- Rights - Member
-1
D
taJ
C'-
1 - . C "b •
(will be determined through an internal test conducted by National Commission for Protection of Child Rights).
(Note: The period of deputation including the period of deputation in another er- cadre post held immediately receding this appointment in the sante or other organisation or deportment of the Central Government or State Government shall ordinarily not exceed three years)
The upper age limit for deputation shall
be 56 years or as prescribed by
Government of India from time to time.
2. 3. 4. 1 5. 6. 7. 8.. 9. 10. II. 12. 13.
Accounts I (2011) Group P8-2: Not 27 yearn Not Not Two years Deputation By deputation from Central Government The Selection Not
Cleric 'B' Rs. 9,300- applicable (relaxable applicable applicable (Provided including (subject to the exemption from the rule Committee will applica-
subject 34800 to that the short-term of immediate absorption to be obtained comprise of: ble
to with accordance controlling contract I from time totime) Central Autonomous
variation G rade Pay with the authority y contract Bodies, who are:- ern (i)Mber
depending Rs. or orders the per iod failing which Secretary. National
on work 4.200/- issued by of by direct (a)holding analogous post on regular Commission for
load. the Central - protation recruitment, basis; or having six years of regular Protection of Child
Govern- in service as Junior Accountant in the grade Rights - mciii). accordance pay of Its. 2800/-; or having ten years of Chairperson
with the regular service as an Upper Division Note: The instructions Clerk (Accounts) in the grade pay of (ii)Director or crucial date issued by
Rs. 24001- Deputy Secretary of for dcennining
use ooveni- meat from Ministry of Women
the age time to (b)having a B.com degree or equivalent and Child
limit shall time.) from a recognised university or Development in-
be the last institution: and charge of National date of Commission for receipt of (c)proficiency in working on computer- Protection of Child awlication. based accountancy (e.g. Tally). Rights -Member
(will be determined through an internal (iii)Director.
test conducted by National Commission National for Protection of Child Rights). Commission for
Protection of Child
(Note: The period ofdeputation including Rights - Member
the period of deputation in another a- cadre post held immediately preceding this appointment in the same or other organisation ordeportmentof the
I
'-a
- Central Government - or Slate Government shall ordinarily not exceed three years)
The upper age limit for deputation shall be 56 years or as prescribed by
2. 3.
_________
4.
_________ _________ ____________ Government of India from time to time.
Clerk 2'(201l) Group PB-I: 5.
Not 6.
27 years 7.
Essential 8.
Not '9.-
Twoyears 10.
Direct II.
Notapplicable
_________________
12. The
13.
'C' Its. 5200. applicable (relaxable 4ualifications/ applicable (Provided r ecruitment Selection Not
'subject 20200 m; skilh: tli5tth Committee will applica- to th accordance controlling comprise of ble variation Grade. Pay with the
(a) authority Now;
depending of Rs. , Qualification; may ex tend "Vacancies (i)Member
on 2,400/- - or orders
12 caused by the - Secretary, National
workload, issued Pass or of incumbent - CommissionS for the Centraj Govern,
equivalent from a
. probation In
being: away Protection of Child
ment). recognised '
accordince on deputation or long illness
Rights
Note. The Boanl, and with the or study leave
Chairperson
crucial date - (b)having
instructions issued by Ortinderother (ii)Difector or
for minimum of
the Govern- circumstances Deputy Secretary of determining - ment from 1kw, duration - Ministry of Women the age three years tirneto of one year - or - and Child limit shall bc the last
working, . time.) more may be Development n-
date of experience- on contract basis
tilled on charge of National receipt of - in Central
deputation Commission for application, basis ' ctio,, Prote of Child Government. . (including Rights. -Member or Central ' short tenn I
- Autonomous contract) from .
- (iii)Director,
Organisation: ofYiëers of ' National:
(c)'typing Central : : Commission: for
. Government, : Protection, of Child - speed of 35 - Central ' Rights - Member 'Aords per Universities • minute (in , . or Recognised
English). Resdarch (Time - Institutions or allowed. 10 Public Sector minutes). Undertakings
or Central (d) Autonomous 'proficiency ' Bodies who in working on am- - computer. . - (a) (i) '(will be holding determined - analogous
-1
I-
Ct
U)
S
tT
C)
1 0 -n
z C
rn
H
0
2
-r *-
.
','r
- p 'S
.1 S
thmugh an posts on internal test regular basis; conducted by or National (ii) With five Commission yeats of for Protection regular of Child service in the Rig)its). pay scale of
Ks. 5,200- 20,200 in the grade pay of Ks. 21400/-; and (b) Possessing the qualifications and experience prescribed for direct recruits under Column
i. 2. 3. 4. 5. 6. 7. 8. 9. 10. II. 12. 13. 1-lindi I • (2011) Group PB-I: Not 27 yeats (a) Not Two years Direct Not applicable The Selection Not Typist 'C' Ks. 5,200- applicable (retaxable Qualification: applicable (Provided recnjitment. Committee will applica-
subject 20,200 in ll Pass or that the comprise of: ble to with acconlance equivalent controlling Note: variation Grade
with the inatnicli ons from a
authority may extend (i)Membcr
depending Pay: Rs. or ortiers recognised the perind caused by the Secretary, National on 2,400/- issued by Board; and of incumbent Commission for workload, the Central probation being away Protection of Child
Govern- (b)having in on deputation Rights- Chairperson ment), minimum of accordance or long illness (ii)Director or
Note: The three yeats with the in study leave Deputy Secretary of
crucial dale working instructions by or under other Ministry of Women
for experience on the Govern- circumstances and Child determining contract basis ment from for duration Development in- the age in Central time to of one year or charge of National limit shall Government time.) more may be Commission for be the last or Central filled on Protection of Child date of Autonomous deputation Rights -Member receipt of onisetion. basis application.
(including (iii)Director. (c) 'typing short tenn National speed of 30 contract) from Commission for words (in officers of Protection of Child Hindi) per Central Rights - Member
I! '-I
I
minute. - Government, (rime Central (iv) 1-lindi officer or allowed-lO Universities Assistant Director minutes). or Recognised (Hindi), Ministry of a) Research . Women and Child pmficiency Institutions or Development-
in working on Public Sector Member. computen Undertakings *(will be or Central determined Autonomous through an Bodies who internal test are: conducted by (a) (i) National holding Commission analogous for Protection posts on of Child - regular basis; Rights). oc
(ii) withflve years of regular service in the pay scaleof Rs. 5,200- 20,200 in the grade payof Rs.2,40/-; and (b)Possessing the qualifications and experience prescribed for direct recruits under Column 7,'.
- [ENo.3-612010-CW-I]
II
VIVEK JOSH!, it. Secy.
'-a 00
x til .0
I Printed by the Manager, Government of India Press, Ring Road, Mayapiiri, New Delhi- I 10064
and Published by the Controller of Publications, Delhi-I 10054.
1"•
oA 403 GIll 2-6 1 •!1
'1 • • ( cthW
L .,, 4./eajowewm (oaJoosonJa) cmo,4
5/OB/6)nJO @ ni whô4 oirntianMno cvfloi (ii)? 2008 (lW(rt! I, U
Cfl)(fi&6)J(6 •
QI?n9ItWO —2005-epi (1HOJø0flJ 0,00* (51'o—Qfl0i6URU8 (T)(30 OIJCOWO (fl)Th ''?,' Ac toounWi3 n)sa&s Rkw@s cfi))n iorjo "FI)'
(pltcob6uuoe aI06UJS10JliOO1ffT)
OUJ:I0) —30--10--20O5 eei 77000/mu1oJSIng)o 5/06/ortiarni il-oc wmi& 4\Q
S 2005-621 nfluoai&ou* o)1(w(acdIml6uai oiloflw moqgAua 1cI 4 3on '04 1) "
- flWtththb mkooniwwø6xi4 accj nJmJ1 joaoc8roniici3 njnn1ri4 cD -u or
mlcmai tnjto,døo oir1toocm rnmanjo1-u,o,uà &,oT0 1 nojonimlol tr U U I Ill))
: cTThIth&n4IldEfli thcnia.000 (fl)LU) nJOlWl ni floeorrmnieu, flIV&nj oro'giiultu' pa09O0i(36o6,w%Tho6JiPa6i1e&J0 thsniEla,(13 (1UJi0,(O1&QOJ0fl10 r.lJl(104anJj fltI?.flhlili
o4oiqmo uS tnja-i,00d Ig copvcmoIa -ho6(mloo aimqc Oc iri' o cui))1 itø1bc a njdcacm cqndnim10 trtiai5u;im (nIto)mwm)1oi '3 10 )
(fl)oCT11d0fl) (Onvooladim ,IZZ1+IOfl) (rTrDWI th0r06)tJSWWfl(DJI5rfl' ITU 1001 nt p cn,ibcoøi& &li&boøo 2005-bol Oflolmoaico1ocm o)Icwo)o)cnp7vnI) anui o
6aiqjdiicu6 aooGniouslaI oflu0000co moawoiliatrquacorro.- • tPiII1 'ci •p(• •. •- - I nJ106JJsJhJ1J1$rI4
dr4 -tu4D otoo\6naaa ffu06n1mçilaJ croGriItqo,g oow)pI X-mu 2008-00 Cr0 rxor), moo tn{rt@s M . njo1a000wm (fl)oGflIcRWn1 020)) iWO) oIc,11O ,I - -u
• •f bdfrhS 1.J&3dcb1 jdflcumsnu8 mu 3mmflc03 to,oeurn000no I)(I)P7PS)
(MaNimflt tn+1(v)i SJ 111o66rn14 ),(Wo v miwim (.po9lr m,npor) p in QIIOJOWT300 411c841n2 mow'immiwJima (1D6)CTT) Ir(; \00u)620hrm, Ilri )t I1\"ql(191 d a,c8com OW3db6Tl)60(ffi fbnJo&/8 Q&c 0,W)ct 6)-, I(Ul(II)
4flu Cr4nOalmI(UIU)lma nf101tO3Jc9;OUb (nlwiitro 7005-m3 (OIntWi 13th01410 V)A (11 )O)
cn,&.oeoc6 maii8oquu6nirø1 nO js1aflaflm1&60mrnioowi (T1)00)1 -1 0(fl) Wit I
um6n4e6mm Eninwdj 3gjocuomcuo ciSuvi1 jk000n flujosn ,'
-. ,• -cO,cBuDm I eJioaomaIthocuErncM wic8cuqvOl.oøamcv)o 0!U(t(II) 0i10!I000IO,0,I!
ocrt,i2uih osrhr. -• •
ffljjJQj Loki3,th 'CJ8d I @)) (P1QI)QI(mWlWS mlaqLe,cL__________ $G)rfl) ln!CU,O l(DQ1ct&Th1J)Qcm Q1OoJs1 flt6e(mo5fl,ç) rjL wonio5If (fl)(8d%)3( iO,QGJ3QeJ633 O6)nj9Q&eQfffl OUqjo &çU a(&Iomwown ioei Qa6) cum)1mS oiTj aløum md (flMUdD6)3( (O'DøOJQ]oc)] thl OQmflDo OJ1PJ
(ilfOaJ9i3G) OJSCLS1E Sonmosmcrn0 LDMI mot8
aoDo. alE LoiOaoo8, - vmav7,jyn(DS 22lnD 6)(ro(c6501
4j)JO Wwaljkj(09 c5o1Q1Om&eo/oCffiioltho&o dn(efli (WOflfl<B,(j2Qo
@)j tN3JO cththS(8OD(&6Q1n Ofll)td1O], aiojwooJa,oq &)WZI1flhlfl, (ThløQJW(fl)nJøo n®j'J @nJS OjQIJO GOOrd(fl6i313(J8&6)o c'(JJQJO OhJJ(P)o@ØGfl) flUOOnJ(fl6%3Q&e4)3
)KIW&olcwçfiG)eJ ff51(o)Jio, W (IhthO(bSo Q OSW3 ng)JO flJ&U&S) o
6iflO[O01, 6,(OJ (D1(Q)U1CrO(O 6)CO501W), li)lWmaUmjøo (@Iibagcu (e)(uro Ot)nfllGJ)o)
OM1ULcthd1 ao J6Qjle cnx3qçim3 £izmt-.w1; iilønithnmrjo (m,thcu eanth ODrffllø)o)
rnIocWU2&cç ncnoai3, (flwen aro mao1(mo) & Unfl. WQi<39006)9 øfflJ[cOO1, (bQLC1$Q, (mlmm,nJøo Oflrn3L50& 0009/6&o4, Oil&6R/oMOuThowothw1, L&GIJ 6flJ1CnJmflq1. (ulj&)j a(m) (fl)onl(mo) (lcnLsa, " ,091 o, o8q1e, (mc30Je)QJootDeJ iqwim1 øujfl (anjr1u am15% øu1cnksoc3, Lcmlo oosjoØ aJ cthQ000ej, ao,s1, maioj (ir,o)1cJ <o,asith (ThnnlcO)o) @mn>cfl Othm U))oCtUOQ(V) GeOJc3lw1 C6flJOC3C1JN, S1øimc,oj0
(aTbw16u om5 CWn61(0) hJnwIorn (iJMD)045$, a &M@ fltoCfllflOCJ) QOQoJ3 wco)oth(o)
0)11 (O CIJ (1) (ffl)nJ Wa.
(2I' I\QI[(Jbi1flW9 e)aD[adko J\O(ThilW)OSCWo ThIfl th1G1a1DW6)saj,0 6)6)lnJOJç7 Loo1Q1oc8ed
flcr5 0)mo1uQs nDrtiI @(fl)16,O1th InI(&lnJOM en) c )aan&i 6)6)LnJnIç @CIDLaC1Ia? Cf flJ1MWC)6)9W)o J)nJ3l U l&E) O6)SI)10 ø6)inJU
6)(fl)1d1c86N.
U '
H
1 _
140 to 7o-33004/99 a REGaNO.D.L,33oG4199
144 amwa 4%p •
Gctyettette of Zkdia aTqTum
EXTRAORDINARY
14111 IJ — fl 3—BV-uu (ii)
PART 11—Section 3—Sub-section (ii)
VTft11T t s4a,IIlcl
PUB *;76=81 B Ift, u.igi, ifl 15, 2CO8/ 25, 1929
No. 681 NEW DELHI, TUESDAY, JANUARY15, 2008/PAUSA 25, 1929
l 4I04 MINIflYOF4IOMEAFFAJRS
3TRT I NOTIFICATION
15 2008 NewDethi, the 15th January, 2008
T.3T1. 92(3fl—J%'1i1 14'MH * 39'* 239*
($NIVI (I%Hrd * ri4uift TO
4f4ffi11, 2005 (2006 IM 4) * aifh, 1ft rA~h
* Thi
[qii. Ti. 1-11030/l/2007- tc1]
S.O. 92(E)—ln pursuance of clause (I) of article 239 of the Constitution, the Pitsident hereby directs that the Lieutenant Governor, National Capital Territory of Delhi shall, subject to the control of the President anduntil further orders, also exercise the powers and discharge the functions of the State Government-under the Commission for Protection of Child Rights Act, 2005 (4 of 2006) within the National Capital Territory of Delhi.
fF.No. U-I 1030f1t2007-UTL]
B. A. COUTINHO, it. Secy.
166 GI/2008
Printed by the Manager, Govt. of India Press. Ring Road, Mayapuri, New Delhi-I 10064 and Published by the Controller of Publications, Delhi-I 10054.
-
tAV *t-T,M-33004/99
[III
REGD.NO.D.L.-33004/99
H 'j .p ':•. : E1H hle' , Gazette of1ndiä:
EXTRAORDINARY TTTT lI—NU 3.-.q-'u (ii)
PART Il—Section 3—Sâb.'section (ii) - tiffivt %ltiill --
PUBLISHED BY AUTHORITY
517i021 ra, tuPdgli, 'sI'lufl 24,.2008/ 4 1929
No. 1021 NEW DELHI; ThURSDAY, JANUARY 24,2008/MACHA 4, 1929
ufii TT ru,iti Illclg
23 iIt, 2008
T,3T, 138(3-1iv1t 3$TR TWm 31Th)1I
aft, 2005 (2006 W 4) !t Tm3(2)() M-1c1qlI1 31I 1'1 vM
I Pmm Vrqft, 16, *ft Wn, t9'lt-19000I
iO 74 qT0 R -qm 1 .iimiq
1k9fW6 I R, 2007 -0 3TF"A 7FT.M. 14970i)
ttiqg!u fwt Wd *
[Tht . 3-5/2006 tt9J
elcle4Il q4fllft4
MINISTRY OF WOMEN AND CHILD DEVELOPMENT
NOTIFICATION
New Delhi, the 23rd January, 2008
S.O. 138(E).—ln pursüañce ofSection 3(2)(b) of the -: Commissions for Protection of child Rights Act, 2005 (4 of
2006) the Central Government hereby rescinds the ,notification of Government of India in the MinisU'y of
Women and Child Development No. S.O. 1497(E) dated 6th September, 2007 regarding nomination of Ms. Nighat Shafi, 16, A, Gogji Bagh, Srinagar-19000 I as a Member of
the National Commission for Protection of Child Rights in the field of child psychologyor sociology.
• [F.No.3-5/2006CW]
LOVELEEN KACKER, K sacy.
251 Gl/2008 •
Printed by the Manager. Govt of India Press. Ring Road, Máyapuri, New Delhi- Il and Pub! shed by the Controller of Publications. Delhi-] 10054.
rA
A 44
-I
C'-
3TRFrJjfq a
• EXTRAORDINARy 'TPT1I-133_.701t_TJ-g (ii)
PART H—Section 3—Suh-sectjon (ii)
WiT1tIiT PUBEISHEL) BY AIJT1Tnrn'rv
2321 , tPjMg, 6,2QO7/1s 1928IT No. 232J. NEW
w'- r DElhI, TUESDAY MARCH 6, 2007/1'HAIJGUNA 15,1928
• _ •
- I
91 *1,64174,2007- T.31T. 325( a1).— ag T°T aUtT .3TfIdkij, 2005 (2006 J 4) 3
i 1Ta * w nn 4 -, thThtT Mi;jq, t-s -500 O26 1ami ft * tft nr ftii W41iF 5 w,
I 17174. 3 -5006-,]
- ,• • MLNISI'RY OF WOMEN AND CHILD DEVELOPMENI'. - a
Pt NOTIFIC4nON - - -
New Delhi, the 6th March, 2007 -' S.O.
325(E)._in pursuance of Section 3of theCominissions foi Protection of Child Rights Act, 2005(4 of 2006), the \ntral Government hcrebynstituta the National commission fc* Protection of Child Rights and nothinates Smt. Sbanta aba, 3A, Entrenchment Road, Marredpally West •Sccunderabad 500 026 as the Chairkerson of the said Commission in ordancc with Scétion 4 ofthe Act. Smt. Shanta Sinha shall holdoffice ?or a period ofthree years from 5th March, 2007
• & until further orders, whichever is earlier.
tt'-33004/99
and Published by the Contr6!jer of Publications, Delhi-I 10054.
(F. No. 3-512006-CWJ
LOVELEEN RACKER, Jt. Secv.
iy•• 1• J
I 1**11033004/99 -. D.L.-33004/99
the 4àzztte of .ndic
EU4AORDJNARY
* Hl'I U 3fl (I)
- PART Il—Section 3.—Sub-settion (i)
yiIcnui * siu,iIin PUBLISHED BY AUTHORITY
it. 3421 f Ik1, t1uui, 31, 2006/3uuu1 9:1928
No. 3421 NEW DELHI,MONDAY, JULY31, 2006/SRAVANA 9,1928
- H1MIafIT vm filL4iuciu
- * 31 ¶1t 2006 *
w.ft. 45O(3T).—' i-aiftmn #4MM7 a4i 2005(2006 W 4)
1 flwTMlt3TS:-
H4 •, ftl4, 2006t I *
• (2) S TI 31 a1fffiR, 2006 (2006 9jIM%
I _i gi
3TfRIRTh 2005 (2006 Th1
- 2335 61/2006 - - •
*
(1)
'
S.
.1
2 THE GAZEflEOF!NDjA:EflORDflq&Jy [PARrII—&c.3(i)1
() "anti!" ñ UM 3* aS MThU W5& w'i S PT 3TP*T 3{fJ t;
(q) "aTTr 3TTZII1T TT 34uTeI 3df t;
(El) "" ant l5T 'WZ1 adj t;
( "ig*i TRm" t 3TI*T w iM St
('El) "9JJ" aTgflN m EfJT 3Tftf t;
(t
3. a*zei 30 aii ticj * iti * Pi * ft St rat w Sw ?JT
. 'I a :- (i) ETRT ii m VJTt4flJ (i) * aS 1'Cl5I(Ni i*xi WEfM a
(2)a 1
s. (i)
(I)
arrzfrq * wo * u wwrwj aflnr'j ii zi4T Thfk w*i * ftrt ZT s S
nj * qrr anti t ajrj in atv 'mft w t tift
n * ftiq 51T TUflT ff$ anti z4t arrg s wr7 at
aivj * wmf t arr*q tft * %t nthjtfr a &bijpj *zw fW'
5 - I
I
I 114 1h4$ k ut11-: b i&s*aiS iyr& w
114&Ih1s* 1.ThbIJkIk
. - 'jjt aPjp gt 4Lpj , kt tY; iQ.)hsi (C)
I 091&!gPs
4 - . . . ••,- .
I &nn iap1hwi pj)-:
'pjtj t S!tJ' V*4,S
iliMJJ± PIrhV' Jflft JjpçflhA. Pish .
jjx) 4- I 114& M4~J &Ik fl I?PIKk I41'DJ F2I t I2Jh kt 1341 * lI W .
.* t.bQV.It * Wb? 14Q' 4 .PIIi:}* eliP4JI? gSj Lit JlkJIJK kt 1hW 'MI& kjfl:llt-
pj Wa 'I-hlhc' '. kiPL (x) A
I j PJlIE ThIfl N I9bI lIcb *La U?WJK 4gk 1tzfle J !kkP 21JIj k (X!)
- .- Illt& I3 t4J!JT jtIkIb
- . 1hla I IFokJ . j * j4j}jijj thpp_ ffik dfl$41tb:*Qfl 1Ik(!fl4 ..
- . I 9 1t Him PI'bP 1& * jh11s kE7 kin% iB4i I) IAJIbtjh 4P
II,I hF' ila wpaIe z ttasz
iniLkII±ke UIR4 P ldh -. . :-vt.:tt. - R9€n&—llhIhE. •
I !nMt3llM€ i4ie thb js1a I$P} a )M N5-'b
WM k1c $ tL6L KWJ IP4 a4ftj wam pIta-kti? ()
h JJh $ h1 2h I~1J1W ll 4& 1*4
LID NTh1±Ie IP Z L6 'aLij (4?h) ui jj m ra&-bit (sP)
--114 Mh ISP 41 I1Ikt.J i~& I1zI -
• I IIL?P INK mi (iu±) CbH3ICbIJM 3FJIil. ISP 1±fl $Iehh ISfl4I€ 1$ J11Pt3J}
6
I IIkth I ___ ___ 41~ 41J1SMJI $
\Ja riat* * tL&Ri £P@K NJC !t231 -1Itt II.9k 9
In H4ran?cJ4a;
Inp
'kW ,\h 1? t?rtth Thin ) P 4h 4X kPj
a tJ1Nttb DaIS JkMliPt3fle h ±li Ith& hi1 hSPJ PbtJ hI ~J $ wpiie (t)
• Ill __ lieIaJli ISLP Da k4 INK ThIn qaThc $ SPP AWI lt HflIe INK IP-Ik
4 - ii tCh' (bIJh
lijillA lsj ~ ll hfl4 i$lkI
* -'i * 1~Mh P kIPit ±lE SP@K thhifr th4J WIJ1 M& * P4J& Wh11 UaTh±1c 9 Ih113 (i)— Wt 24t - L
kp jg4 ak(g)
I lit Pa t ht4t1I mm QJI MlU h1 4P *
p ni iie (s)
IIIPSP 4J± JI1 h Data J3Jkte h3 g±le 1k3! DaIS Na 1141P IJIfl Data Na kh ISP iiuie IiPII JlJkIk
Øe BLk pdkII- hsP 2BP $ ltnkv JiP bISIh±lt LW __ ?tJ IIPW& hW thhliP * ltaft Thde %klbJ 1k gII±I '1lnLe & ()
S KU€ s—u nwdJ nlvMuuovHlxq VIclNI do LI3ZVD aHI p
• ,[iimlI—l3ffl) '. y -
ti. 'get WijT %50 . MIRcbI4—(1). cIq 'a'<t< ajtzja * izt 4k k *.ftw
H •
• () -iit, 31T1 S ftfft T ai 04 ft t 4 k * ftjt. S
• .
• • 12 lUTffiF(i) 32W3ft P3( Gns S * 1cc4
H •
la. itQU7(i) atzãt aft w5 3flTRI WiWR fl ?T 3U0I thiuI ii'aqth
: * ftW
(2)*3i 4PKl9 (i)*aS4Thifli r.etu -4
•ww IR9T* 3t 'aqw< * ffiT# '11Hcl qf *adtM. ZA
• - . * Iiii WcT - tTu ffiiw 7I4hII I
WI tift #ui—aitzMT aft aii wg-q-w;m TH ulr?m 1ø
S ii*ifli a* wc w1 5 ft S ftrc jqj 1w m
Rif&41€i zmn lft uu-31wg1 aft w*i5 cikh •
• fkr, 195 iniftc WggM tffy-5 cg 5 ,4q74QJ corq rc<ik 'iui' 30
3WlcIIcI thtl13t 5i Sct,ci( Wrm I . .•
3g9tc u-3a2TS 31 - 3TR1 d 1cftjç zq fta4i* •
•
- • 17. 3m*-3fr4PT 9TI13 ZA ZTUM (ijS( * 34t1t9 a91d
SR
• • (). 4iV1) * 3j9r*iw 1flI a*wrzT 5j 34gicl1 ThTThttV1* * mR rwiii ThIk
• a aftq4 i fluui T, gIc1ø iTTh a.Zu M211 S ftRft S
• •• * m i zu admiw gfzi t M'clIIad 9 Thui ip
rcu.iun R9T -
() i * ,i4anui tj m ciia' i * dri tO aNT -t1IQ? q
•
•
(ii)ii 3MgmRq' ai-agoi il5;TrHz3iit 6R1i !1 ft lTId R1T . 1ttt.30 t
• •.
.-i -• 4-
6 THE GAZE 'TE OF INDIA: EXTRAORDINARY [PAn H—&c.
(t)iiw 11ri1 n Thu amfrii mi mt qiq,'i$t ART. '#I1T a1t5?n flT t r.3 J9 W2TfiThiaTaft I2TT Tf*eñ io t;ffj f5lu WI 'S;
() srr idM I1T ;Ivlq' tThu 'pft j'cpiI f.iiiii uu * ujurd ZFT gi WiT , ii 3 T aw w9w Tffl ffivi R9T;
() iciq ajthuit * tIET * %V9T UU 5'9J 3M sj'q,I W1N 99T,
amiut 59T UTT '39T Aiuui Tr;
(r) iwciq ijm.s, 31t411'la, mi t 4ttr cni14 * siftiarur 4 4IefQ aifiThuit * 'i9II'l * %ik<1I1 ku I r
18. c*i'ccii'c S iiciqqclf S R:rt 4Iw—(1) aiph ffift R.4r arqk qiqctq 4 x)t ppj q Rat q tiu *kirr IT aitzr tW fl fu aTf%T gpm M aqft ku S tftr
•(2) arptrq 'W1I-ci: ttft 3NfM aTtr cnI41ciJ * 3PFft gp iii Th9 arqk 1ktiii .- rri * ffi9ft aiR! wR 'F ar1t kc* w S zrw t1T 5T 3flgqq, ?JI ti4lifi, tiidn * I
'aR4gIctg *wujcil :— a, it aifumftdi it IT aitzr Thi t
(i) tct rM, aitzer * ti t &ItT lm w4T hu * frq uiIT4 *ziwarr aM iictu gm lzw kujut taMt ftwuj, ITWRilm -,FM: TA
øi4zflfl ?m 44r01d '49k 3TfTthth ?M 3ITST * Th*W * ftrq ft 45rZU 'lI'ii
(üi)it HI'ie t 34cIgqq, tmr aidt t ti.scn cpi4tfl q'j ,M 'aci'i za 'a191-qçl; tuzw t WR * '4Ir4 Ma to 411lrdd f44T 'IIII I
5) 3 'T'4U5W4Z4 1 *3T?4eTtRJ ,IUI4I
qTt VIN ** N1'Tëk 4 3TtZRL ZI \3w?fl aqcfMt * 4itfli irftj fftzj NT '451 wh
(1) 5 uj :3TEzTT anfl tj ti * wifm tm * trc ajnr * t3Imxt *1 fl W * tT 1rJT 'ffiT 3E2Jfl '45Tff
19. i*q4rri ft Yziç 3T1T * RT-'TftN n fU att aif4 n Th'i fks ftw iw. frw 'lI'vII
-S
. . .. H
I. - - .ct •;._. Cnc1-&t4ii.i 't Ittr' ¶'Jili .ifl'
V t.. qr' 1$1)i C 14L I: 4& SP
hI&g ?4*4 hIM Th (C*ThIPIJ JtJtdWP Pb kW* It4 $ II?&31e lujmnc ()
• r. 4xj-, .P.j 1j(5 t14 U41c t4
•i i:ei !J 9tU't 'tI ,J 12h h1J.$
%1P p14K jSP ?ICb?'I4 SCP Pu ?IJ I-C Wa C17?3K WP.U€ (I-) ?itJ Q3JIP
it V- • k 1cir4'd 54J
4I) d. jp414 iuiy iu' 1 ell.t !'JLh1*l $4P'Ibit7M1.;;PJb.$ !p_Ig2
\ . .4J12 W*A 11±h1clh4P1 P!FtI?htJ 1#jj.l (c)
1ri tj UaiØ't I j I IIP JJ1d (z)
is. ..iiii i'U4 j&},jfl ti 4VZ4.l 4It ¶F j tii1)/& 4ts8 • I llt$& &
_____ t2J& ik tnke- Ie ! 1ZISP $ lilSPII 1S!4bJ mpiie - (i.)': Ue 1 P 1 DlkI ) h TZ
A4 it1 ftIj4 ?tigt 4'j)it I -
it! •r4 ; z -.tt'iq --,i 1J 'v%$ £;Qs)sc I 4.-.12Ju1.U>4 J4kI1 1J.$kkV?K
J4J :jt I*j$ 4#j1v
•4
haj j'rw pt tttth Thj aBle I9PtnH' ma ,IW'Icb Lñth PWIhG)1 I.
. ç , ."HS -'3 1t!yl 4ctfl '1; •' I • • --
• •.' •t'.4 •'hV-i 4' :jt-c Ifri1') lii 4P.vM 14., i!i!' ~*1 31w!'.!'ia s1li I-IItP3bJ
oz
$U) h iflk ll lIh Ikk4 kF1¼IJW 4 Li 1u kt fl1è 'bP4j
1JJ4!C IIl'b 411e hI4AJ cb4 kh 1flJ ll4P 1411e
?4t1 & ±!' ...••
#%41 p Iii• j) I-I! t4 J4q d' Ihi .1h kPI 1k $ ILbIQJkCb rflaJItP. 4 jflJh "t * flaj e IbIIA ITh-k, 1fl1J1e RVA 1$Ia JpJ?L I ilzhJJa
Qlth ij4a IbIø I*JI 1$ 1JIS !flh 1p tI'D PJ14? %h !Pw (i-)
• '' •: t z .. ehiwtija:!) •7ttK ¶3S1 u'c ' _ - - - --
sP.h 49 aJle n4u±1a iffi sjl-&& e j h1z1w (9)
Ii kilti J as 4U: fi.-fi .1Vi 'idO1 9 1
cut -4 V.I tS SJcbM' MAL jili $ 1M )Ibt1JII EkW'* bJkJJPL ()-
• .•, aj - cj.-.c1 4JL4dS t%.j 11tI 4t1).tiI I •
• iItIn je Pt t•.W1L&&Ut }~44p11 t
ajj i1 $ 1thle I?ilfl b $ j4ñe gt lt4zne (t -
" WstUIJ$J ii' tJsq €t'fl I - -
-a .jP it-foii- cp sjj 9k!t% *S !rP4I&
14'b?e pLiçjç
• • - - '• . I II.lIAJj~!4 -
PIjIflh.4 V' lzk& h1$ SQ uh 111kIU kIi
- -
. Ih[Q)E2n.II?hlh
S • - ,.
S.
b
-.4
L.A
8 - THE GAZETrE OF INDIA: EXTRAORDINARY [PArU II—&c. 30)1
(3) c1.sh tti. anti fl S RqM S f* R)ei * W;Eg * Uc't TZT ?
U11W_•_ IL_I LJJE4r £L'pigj _'ii_lIWIgfl_ifliI
a aiit w 19$kfI t % T PT T5T *, ift ftft firr*t TP w S iqi' I* Wicci _qR 'idii I
wiq ln4 J? flg S wijfrj fcfiM qT fftM UM cikh i'q* r *n i &j1 II &jift I * WT I. PWT 2, sijq 3 S WWT 4 * s3q4lM * arnw gM I
4](J'Id 1*dt iT4 * f'v MIQ1)rQld iiP€ii S i2fl WIMcj MIq"pcct * irat
n, fli*, 3lflft2 Thth anflfl I
24. fahIhi u1'ci-(i) anti i arvr it ctii it fsv s'w ffl
(2) 1rif*1iqN rss t'IJiflt Num n1i iIiii S'u I
(a) NtW, W it QlAl , 4ff;P" *TfuI. w?t * 'jgiyi, PRvii it M 4 TlfP 1 l, anti it ffift a5I4t4 41W, '(i4citi 7ff Sdtigoi rAji&
1FF *k it lw ai.flj R4 S CPJY(Jl '(l'<PI'( RI 3l1i um iicitiiPçj 0 3r-W '1I1('I :
ai, kft W9ff Al? qffiThffd ani Th*ui S daivi it aTulth9 , 3T'iIt fl q jfpft m' f5ffj i-4 jA Mcwth1 5ff:
\54Içj 4t * k MVC1l41r,Id 1gt M "ii'.I1 I
3ItiThf 99qI, ZITT qw, #iaiii4 'gei * 44f4u affim Thzwi'f S S iv 1i69d eft qy Iif S iRf4te 3M]1 it f fft c&i m c1jj 4'd9i4IcJI ztT Tffqtquro it T * ftSzRf 4Rk 4ft w1t*i fzft I
(s) i-ag &t ajvj n I11 aj 'aai RT Ilq '1l'leii è 441tir j'iq2 5.
(7) ami it r4t PMW i1vii WMTZg PdIi Th, [&T d* Thui'i * $ lcJIà'4-f '(_"< t f4w TOW ' iiä Ri WOM 1iff I.
ill
I-,
,sJ
0 0'
ft4 %q
PTOWCF
200 .3fw
3iIIcI
iicn'e11
5T
200....
Tjlf4200..
zm '
200?fliv
wictceil
,
200.* ffiv -wqz Rrqwum
53
8M9t
zm
5 i4O Rt( 10 aM T 11
tcct,.uJ S
2 3 4 5 . 6 7 8 - 9, '
10 11 12
I - ft
I,
L
I
W5tt2
wqm UIcIQ, 3{lcbt' RTUT 3W1'tlT
Zrd 200. -200.... t U S 23(6) g'')
9F 3
2
WtT?5ft1U
S
3
Tpcikw 6
S i
M43V5
7 IèuiR
15T t/ajfq,wi gifq, t
() () ('r)
S S
S
• w€a UIVIU'
3444iR Rim., G1TdtTT
- aif*fh uniueR (ffihT923(6)%k)
t
14
I I I I
rt. • • •
- •
• -
WV4
lIclø a14R 'ti*ciuj IfiT
(eiThl%r 'iuiiael ET n) (fiq 23(6) tft.'t)
HTd.. 200... * d 3TT wqqe1 I w iiern 20...-20... 20....- 2G -20... 31V fl • _
3t . tflto 0 o * iWiflo gt
2 3 4 5 6 7 8 9 I. dq,i€1 (y . .
-I.
IL
wTII--
IlL 7q IV
. . III-?# iV
I,IIav
S 1.0'
• '3
H
(PRM - •.. - $
2. : . •
- aT 1
•..-.
1Tw •: . -. - . . . 4 .
• . • ()qflt
(u): . .
• :-
• B*I/W[t'°I . -•. .
• • • (tj) :I • :
H • :
• •
31 (0) f4w 311-1W1R
. ( •: •
H H •
•
• . -.• ()3l* . • • •
.: • • -$
7 • -
• - -
• :8.
. 9.
- $1WlI& -' •. .: • •
• 1i 1Ø afl 3lSII'1UTZ1 • •
- • 10. *Fe1c1i • • •
• •.• 11. 31I1 tPWI1W3Tfl -: • . -
• Ff/4)zçjc!1 • . • • I
. •' •• - . -
1&
15. NTRI,
• •
- H. .. Tfl4(MtPW •-
• :
• . - 2 rnRiqi' .- •• • • • H S
• • -: •. .• [. Ti. 3-2/25-SJ.
• :.: . • -.: • .41j.
I ,1
-
• .•
•- -•
-- 4 . -•
-v •-- - ,- • '•_•_ . .•t •
f • .. '-:t..:. .5 - . -• . • . -• • - -•-••-•:•. . •.. . - -. • •,
- - <•
14 THE GAZETTE OF INDIA: EXTRAORDINARY fPARTIlSEc.3(iJ.
MINIffFRY OF WOMEN AND CHILD DEVELOPMENT
NOTWICAI1ON
New Delhi, the 31st July, 2006
G.S.R. 450(E).—'ln exercise of the powers conferred by sub-section (1), read with clauses (a) to (d) of sub-section (2), of section 35 of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006), the Central Government hereby makes the following rules, namely:-
1. Short title and commencement.- (1) These rules may be called the National Commission for Protection of Child Rights Rules, 2006.
(2) They shall come into force on the date on which the Commission for Protection of Child RightsT Act, 2005 (4 of 2006) shall come into force.
2. Definitions.- In these rules, unless the context otherwise requires,-
"Act" means the Commissions for Pr6iection of Child Rights Act, 2005 (4 of 2006);
"Commission" means the National Commission for Protection of Child Right; constituted under section 3;
"Chairperson" means the Chairperson of the Commission;
"Member" means the Member of the Commission;
"Member Secretary" means the Member Secretary of the Commission;
"sectioif' means a section of the Act;
words and expressions used and not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act.
3. Eligibility for appointment as Chairperson and other Members: No person having any past record of violation of human rights or child rights shall be eligible for appointment as Chairperson or other Members of the Commission.
4. Member Secretary.- (1) The Member—Secretary appointed by the Central Government under sub-section (1) of section 11 (2) The Member Secretary shall have a minimum tenure of three years.
•itlpT1I-w3w) - '3T t &i'i'l( SffiIMEUI 15
5. Powers and duties at the.Member-Secretary— (1) The Member-Secretary shall-
(I) have power to execute all decisions taken by the Commission in order to carry'out the powers and fiinctionsoftheConimission as provided in sections 13 and 14;
exercise, and disoharge such powers and perform such duties as are required for the proper administration of the affairs of the Commission and its day to day management as specified in section 11;
convene the meetings of the Commission in consultation with its Chairperson and serve notices of the meetings to all concerned;
• (iv) take steps to eniure that the qüôrum required for convening a meeting of the Commission is
prepare, in corsultatibri with iheChairpersot!, the agenda for each meeting of the Commission -. and have notes prepared by the Secretariat and such notes shall, as thr as possible, be self-
contained;
make available specific records covering the agenda items to the Commission for reference;
ensure that the agenda papers are circulated to the Members at least two clearworking days in i.. - . advance of the meeting, except in cases when urgent attention is required;
prepare ihe minutes of the meeiings of the Commission and shall execute the decisions of the Commission taken in the meeting and shall also ensure placing of the Action Taken Note of the decisions of the Commission before the Commission in its subsequent meetings;
ensure that the procedure of the Commission is followed by it in transaction of its business;
take up all such matters with the Ministry of Women and Child Development for release of - rants creation of posts, -revision of sc&e procurement of vehicles, appointment of stat • laying of annual and audit report in Parliament, re-appropriation of funds, residential
• . acthmmodation, permitting any officer of the Commission for deputation abroad and any- other matter requiring.the approval of the Central Government:
exercise such financial powers as are delegated to him by the Chairperson on beltalf of the Commission: • -: .- .
• Provided that no expenditure on an item exceeding one lakh rupees shall be incurred without • the sanction of the Chairperson;
(xii) be the appointing and disciplinary authOrity in respect of officers and other employees of the
- CommissiOn. . .
/ /
. •. •.. . ... H - / 7
16 - THE GA7Efl'EOFINDIA:EflRAORDINARY [PARrII-SEC.3(i)l-
6. Term of office of Chairperson and other. Members.— (1) The Chairperson shall, unless removed from officer under section 7, hold office for a period not exceeding three years, or till the age of sixty-five years, whichever is earlier.
(2) Every Member shall, unless removed from office under section 7, hold office for a period not exceeding three years, or till the age of sixty years, whichever is earlier.
(3) Notwithstandinganything contained in sub-rule (1) or sub-rule (2),- a person who has held the office of chairperson shall be eligible for re-nomination, and a person who has held the office of a Member shall be eligible for re-nomination as a member or nomination as a Chairperson:
Provided that a person who has held an office of Chairperson or Member for two terms, in any capacity shall not be eligible for re-nomination as Chairperson or, as the case may be, as Member.
(4) If the Chairperson is unable to discharge his functions owing to illness or other incapacity, the Central Government shall nominate any other Member to act as Chairperson and the Member so. nominated shall hold office of Chairperson until the Chairperson resumes office or till the - remainder of his term:
(5) The Chairperson or a Member may, by writing under his hand addresed to the Central Government, resign-his office at any time.
(6) A vacancy caused by death, resignation or any other reason shall be filled-up by nomination within ninety days from the date of occurrence of such vacancy.
Salaries and allowances.— (1) Save as otherwise provided in section 6, the Chairperson shall be paid salary equivalent to the salary of the Cabinet Secretary to the Government of India and every other Member shall be paid salary equivalent to that of a Secretary to the Government of India.
Provided that where the Chairperson or any other Member is a retired Government servant, Semi-Government body, public sector undertaking or recognized research institution, the salary payable together with the pension or pensionary value of the terminal benefits, or both, received by him shall not exceed to the last pay drawn.
The salary and allowances payable to, and the other terms and conditions of service of the Member-Secretary and the other officers and other employees appointed for the purpose of the CommissioS shall be such as may be determined by the Central Government from time to time.
If the Chairperson or. a Member is in service of the Central Government or a State Government, his - salary shall be regulated in accordance with the rules applicable to him. -
8. Dearness allowance.— The Chairperson and every other Member shall receive dearness allowance appropriate to their pay at the rates admissible - to officers of the - equivalent level of the Central Government. -
17
9. Conipiniatory City) Allowanéc.- The Chairperson and every other Member shall receive
compensatory (city) allowance appropriate to their pay at the ratS admissible to officers of the Central Government of equivalent level. -
10. Leave- The Chairperson and eitery other Member shall be entitled to leave as follows:-
earned leave, half pay leave and commuted leave as admissible to Central Government servants in accordance with the Central Cicril Services (Leave) Rules,1972, as amended from time to time.
Extraordinary leave as admissible to the temoraiy Central Government servants under the Central Civil Services (Leave) Rules, 1972, as amended from time to time.
11. Leave sanctioning authority.- (1) The Central Government shall be the authority competent to
sanction leave to the Chairperson.
The Chairperson shall be the authority to sanction leave to tvery Member including the Member-
Secretary.
The Member-Secretary shall be the authority to sanction leave to any officer or other employee of
the Commission. -
12. Traveling allowance.- (1) The Chairperson and every other Member shall be entitled to draw traveling allowances and daily allowance at the rates appropriate to their pay admissible to equivalent
post of the Central Government.
(2) The Chairperson and every other Member shall be his own controlling officer. n respect of his bills relating to traveling allowances and daily allowances.
13. Residential accommodation-' (1) The Chairperson and every other Member shall be entitled to
the use of an official resi4ence as may be determined by the Government of Ibdia.
(2) If the Chairpersôti or a Member is not provided with or does not avail himself of the - accommodation provided under sub-rule (1), he shall be paid every month house rent allowance at the rates admissible to officers of an equivalent rank in the Central Government.
£4. Facility for èonveya ce- The Chairperson and every other, Member shall be entitled to the
• thcilities of staff car for journeys for offióial and private purpose in accordance with the Staff Car Rules of the Government of India, as amended from time to time. . .. .
15. Facility for /medical treatment.- The Chairperson and every other Member shall..be .entitled.to medical treatment and hospital facilities as applicable to Central Government servants of equivalent rank as provided in the Central Goveijunent Contributory Health Scheme Rules, 1954 or as may be determined by the Central Govemmelit.
IL r
/
S 18 THE GALE! lb OF INDIA: EXTRAORDINARY [PAnIl—SEC 3 ()1
16. Residnary provisions.— The conditions of service of the Chairperson and the other Members for which no express provision has been made in these rules shall be such as may be determined by the Central Government.
17. Functions of the Commission.— The Commission shall, in additioii to the functions assigned to it under clauses (a) to Q) of sub-section(1) of section 13, perform the following functions, namely:-
analyze existing law, policy and practice to assess compliance with Convention on the Righté of the Child undertake inquiries and produce reports on any aspect of policy or practice affecting children and comment on proposed new legislation from a child rights perspective;
present to the Central Government annually and at such other intervals as the Commission may deem fit, reports upon the working of those safeguards;
undertake formal investigations where concern has been expressed either by children themselves or by concerned person on their behalf
ensure that the work of the Commission is directly informed by the views of children in order to reflect their priorities and perspectives;
promote, respect and serious consideration of the views of children in its work and in that of all. Government Departments and Organizations dealing with child;
produce and disseminate information about child tights;
compile and analyze data on children;
promote the .incorporation of child tights into the school curriculum, teachers training and training of personnel dealing with children.
18. Procedure for transaction of business.— (1) The Commission shall meet regularly at its office it Delhi at such time as the Chairperson thinks fit, but three months shall not intervene between its last meeting and the next meeting. .
The Commission shall ordinarily hold its meetings in its office located in Delhi but may, in its discretion, hold its meetings at any other place in India if it considers it necessary or expedient to do S so. - -
Secretariat assistance: The Member-Secretary, along with such officers as the Chairperson may direct, shall attend the meetings of the Commission.
(i) The Member-Secretary shall, in consultation with the Chairperson, prepare the agenda for each meeting of the Commission and shall have notes prepared by the Secretariat and such notes shall, as far as possible; be self-contained;
I
19
The records covering the agenda itetiis shall be inEde teidily available to the Commission for its reference;.
The agenda papers shal otdiñarily be :.Ytd to memb'eirs4i least two clear working days in advance of the meeting, except in cases when urjnt attention isrequired. —
(5) Four members including the Chairjerson shalt ibsi the quorum at every meeting of the Commission;
(6)A11 decisions OftheCommisskjn at its riieetingsshall be taken by majority: 1
Provided that in the case of equality of votes, the Chairperson, or in his absence. the person presidmg shall have and exercise a second or acastiñg vote.
(7) J± for any réason the. chafrerson i's unable to atiend themeeting of tlë Commission, any Member chosen by the Members present from amongst themsçlves at the meeting, shall preside.
19 Minutes of the niecflng (1) The minutes of each meeting of the Commission shall be recorded unng the meeting itself or immediately thereafter by the Member-Secretary or by any other officer of
the Commission as directed.
The minutes af Meeting of the Commission shall be submittedto the.Chairperson for approval and, upon approval, be circulated k 1àll niombersOf: the Commission at' the earliest and in any case, sufficiently before the commencem'ënt of the néit theeting. .. -
the Conclusions of thetommission in every matter w.idertken by it shall be recorded in the form of an opinion and dissenting opinions, if givdn, shall also form part of and be kept on record Action shall be taken on the basis of majority opinion where there is any difference of opinion
All orders and decisions of the commission shall be authenticated by the Member-Secretary or any other officef of the Commission duly authoiizedJy!ie Mernber-Sçcretary with the prior approval of
• - the Chairperson in this behalf.
Unless specificallyauthorized, no actiOn shall be takenby the Secretan.of the Commission S the minutes of the meetings until the Chairpemon coriliitns the iame. ,
A master óopy -of-thericord of all meetings and opinions ofth Commission shall be maintained authenticated by the Member-Secretary; • . ..
A copy Of the minutes pettaining to each item shall be kept in the respective files fOr appropriate
* action. Opinions shall be kept in respective: records . and for convenience, cOpies thereof with
appropriate indexing shall be kept in guard files.' • -. \ .-
20 Report of Action Taken Report of the follow up action shall be submitted by the Member Sicretary to thetomniission at every 'subseqUent nièeting indicating therein the present stage of action taken On each item on which the Commission had taken any decisiOn in. any of its earlier meetings, excepting the items on which no fi.irthâ action is called for. - -
93S'5C'/06-4
-
30 THE GAZEITh OF INDIA: EXThAOItDINARY 1Pic U—SEa 3(01. 21. Transaction of business outside headquarters: The Commission or some members may transact business at places outside its headquarters as and when previously approved by the Chairperson, provided that if parties are to be heard in connection with any inquiry under the Act, at least two members shall constitute the bench of the Commission for such purpose.
22. Panel of consultants: (1) The Commission may constitute a panel of consultants for assisting the Commission in a wide range of tasks such as investigation or inquiry; to serve on task forces or Committees and for research and analysis.
The Commission may draw on experts from academic, research, administrative, investigative, legal or civil society groups to form the panel.
The Commission may devise a transparent process for the empanelling these consultants so that they are available for quick delegation of tasks.
23. Annual report: (1) The Commission shall prepare and publish an annual report befc; ihe 3 ist
December every year for submission to the Central Government.
The Commission shall also prepare special reports on specific issues as and when necessary under - the direction of the Chairperson.
The Central Government shall cause the annual report and the special reports of the C6huiniSMón to be laid before each House of Parliament.
The annual report shall include information on administrative and financial matters complaints investigatedfmquired into; action taken on cases; deta(ls of research; reviews; education and pi -omotion efforts; consultations; details and specific recommendations of the Conhjilission oil any matter , besides any other matter that the Commission may consider warranting inclusion in the repott.
In case the Commission considers that there could be a tte lag, for the preparation of the ätthua report, it may prepare and submit a special rn
the Central Government.
The forms in which the budget may be prepared and provided and forwarded to the Central Govermuent shall be as provided in forms I, It, III iñd IV of Sàhedule I.
The estimated fëëeipts and expenditure shall be accompanied by the revised budget estimates for the relevant financial year.
The budget shall, as far as may be, based on the account heads specified in Schedule R. I
24. Financial powers.— (1) The Commission shall spend the sums of money received by it for the purposes of the Act. -
(2) The Chairperson shall have all powers relating to financial transaction of the Commission, except in cases, which require prior approval of the Central Government,
-a
- -
-- H
/
17
• f!itffl_lu3o]; :guTivitTflW'T -•- 21
The Chairperson shall obtain prior approval of the Central Government in niatters of creation of posts, revision of pay scales, proàzrement of vehicles,, re-appropriation of thnds from one head to another, permitting any officer of the Commission to participate in Seminars, conferences or training programmes abroad and such other mattes determined by the Central Government, by order.
The Chaiteitcn sh* subject to such conditions and limitations and control and supervision, have powers to delejte his financial powers to any Mber ortle-Member—;Secretaiy
Provided that no such powers shall be delegated in respect of. incurring an expenditure on an item exceeding one lakh ruPeesytithout the prior approval of the Chairperson.
• (5) The Chairperson shall have powers to engage any person or persons as consultant or consultants for • a specific purpose and for a.ipecicpeiiod on the terms and conditions agreed in advance relating to
honorarium, traveling allowance, dearness allqwance. - -
(6) The Member-Secretary shall have powers to execute all decisions taken by the Chairperson or any other Member on his behalf relating to financial matters. -
• (7) All fiñanóial powers of the Comnission shall be governed by-the General Financial Rules, delegation of financial. powers Rules and economy instructions issued by the Ministry of Finance of the Central Government from time to time. -.
* -
/
I p.
SCHEDULE I FORMI
TILE NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS Detailed Budget Estimates for the Year 200
(See rule 23(6)) ADMINISTRATION
(Expenditure)
Head of j Actual for the past Accounts i three year
1 12 J3 J4
Sanctioned estimate for the current year 200....
Actuai- of IEs i, . months i.e. 200... 200....
ActuaIs2sd of six months current year 200...
estimate for the current year 200...
Budget estimate for the next year 200,..
Variations between columns 5 & 8
Variations between colunms 8 & 9
Explanation for columns 10 & 11
5 6 7 8 9 H 10 11 12
'a H
w &
FORMIL TUE NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS
- ESTABLISHMENT Statement details of provision for pay, of offlcersfEstabhshxnent for the year 200 - 200
(See rule 23(6)) - - - H
• u.
1 2 3 4 5 6 7
Name and Reference Sanctioned pay of the Post Amount of Increment falhng due withm the year Total Remarks
Designation to page of t provisions provision
estimate . . -
fortheyear • •
fdr the •________ fdriñ . .
at the rate' in column
-• year i.e. total Minimum/Maximum Actual Date of Rate of Amount of
Pay. of the Person cbncernçd 'incrthent increment increment colunrns 4 • -
. dueónlAprilnextyear:' •. . •• for the. &5
- .•, .& - . ,.. • year-- I(cY 3(c) (a) '
(c)
4"
- • -.- . - . rT &
- '4-- -•
FORM m THE NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS
NOMINAL ROLLS (See rule 23(6))
Name and Pay j Dearness I Compensatozy, House rent Over time Children Leave travel Other Total Designation Allowance (City) allowance allowance educational concession allowances allowance allowance 1 2 3 4 5 6 7 8 9 10
LI
IL Li
I. H
- - -
-- - - -. -.
• FORMIV THE NATIONAL COMMISSION FOR PROTECTION OF CHILD: RIGHTS
• (Abstract of Nominal Rol!s)
-. -: ...
(See rule 23(6))
-Actual Particulars of Sanctioned budget. -Revised Estimates 20... Budget Estimates 20 ..... Explanation for the diff sanctioned posts grant 20 20 - 20 -20 between sanctioned budget strength revised estimates and t as on 1 c estimates Match, 200.
.
No..- of PaytaM No..ofPay and Na of Pay-and posts allo*ancs posts allo*ances posts allowances -
included . included . included • . -
: 1 -2 .3 -.4 5 6. - 7 8 -. . -
LOfflcer --- H-. . •-
(a)Postsfihled (b) Post vacant Totellofficers
U. Establishment . . . . .. Posts filled . . . . . . .
Post vacant -. . . --. • . . . .
Total -
- Ii Establishment-
ffl:ClássIv Posts filled - . . . . . .. . .
Post vacant Total Ill-Class .
- Iv. G RAND TOTAL . . . . -. .
-I, ll andfll.
-n -- n --- - .
26 TIJE [PARTII—SEC.3(j)]
SCHEDULE II BUDGET AND ACCOUNT HEADS
(See rule 23(8)) ADMINISTRATION
Heads of Account s(Expenditure)
I. Salaries 2. Wages 3. Travel Expenses 4. Office Expenses
'(a) Furniture Postage Office machines/equipment Liveries Hot'and cold weather áharges
00 Telephones Electricity and water charges Stationery Printing Staff car and other vehicles Other items
5. Fee and honoraria 6. Payment for professiona1d special services 7. Rents, rates and taxes/royalty 8. Publications - 9. Advertising sales and publicity expenses 10. Grant in aid/contributions/subsidies 11. Hospitality expenses sumptuary allowances etc. 12. Pensions/gratituities 13. Write offliosses 14. Suspenses 15. Other charges (a residuary head, this will also include rewards and prizes) 4
n Heads of Account(Receipts) Paynents by Central Government Other receipts
[RNe.3-200sflyj 'Ilk
LOVELEEN KACKER it. Secy.
Printed by the Manager, Govt. of India Press, Ring Road,. Mayapuri, New Delhi-i 0064 and Published by the Controller of Publications, Delhi-110054.
GOVERNMENT OF KERALA Social Welfare (A) Department
NOTIFICATION
G.O.(P)No. 59/2012/SWD Dated, Thiruvananthapuram 04.10.2012.
S.R.O No........../2012.- In exercise of the powers conferred by Section 36 of the Commissions for the Protection of Child Rights Act, 2005 (Central Act 4 of 2006), the Government of Kerala hereby makes the following rules, namely:-
RULES
Chapter 1
is PRELIMINARY
Short title and commencement.- (I) These rules may be called the Kerala State
Commission for Protection of Child Rights Rules, 2012.
(2) They shall come into force at once.
Definitions.- (1) In these rules, unless the context otherwise requires,-
"Act" means the Commission for Protection of Child Rights Act, 2005 (Central
Act 4 of 2006); "Chairperson" means Chairperson of the Commission; "Code" means the Code of Civil Procedure, 1908; "Commission" means the Kerala State Commission for Protection of Child Rights" constituted under Section 17 of the Commissions for Protection of Child Rights Act, 2005; "Complaint" means all petitions or communications received by the Commission from a victim or any other person on his behalf, in person or by post or telegram or fax or by any other means whatsoever, alleging violation of child rights as defined in clause (b) of section 2 of the Act;
(0 "Division" means and includes different sections of the Administration Division, Complaints Division, Research Division and such other Divisions in the Commission as may be constituted by the Chairperson; "Division Bench" means a Bench consisting of two Members of the Commission or a Bench consisting of the Chairperson and one Member as may be constituted by the Chairperson; "Form" means a form appended to these Rules; "Full Bench' means a Bench consisting of the Chairperson and two Members of the Commission as may be constituted by the Chairperson;
0) "Government" means the Government of Kerala;
(k) "Member" means the Member of the Commission; (1) "Registrar" means Registrar ofthe Commission;
"Secretary" means the Secretary of the Commission; - "Section" means a section of the Act;
(o). "Single Bench" means a Bench consisting of one Member of the Commission as constituted by the Chairperson;
(p) "Zone" means and includes dii'ision of the State made by.the Commission for administrative and functional convenience;
(2) words and expressions used and not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act.
Chapter 2
PROCEDURE FOR APPOINTMENT AND TERMS AND CONDITIONS
• OF SERVICE OF CHAIRPERSON AND MEMBERS.
3. Eligibility for Apjiointment as Chairperson and Members.- (1) No person who has not attained the.age of 35 years and has not possess ten years experience in the areas stated in clause (b) of sub-section (2) of section 17 of the Act may be appointed as Chairperson or Member of the Commission.
(2) No person having any past record of violation.of human, rights or child rights shall be eligible for appointment as Chairperson or Member of the Commission.
(3) No person having been convicted and sentenced for imprisonment of an offence which in the opinion of the Government involves moral turpitude, shall be eligible for appointment as Chairperson or Member of the Commission.
(4) No person having been removed or dismissed from service of the Central Government or a Statefl Government or a body or corporation Owned or controlled by the-Centfal Government or a State Government shall be eligible for appointment as Chairperson or Member of the Commission: -
(5) The Chairperson or Member shall not be a Member of Parliament or be a Member of Legislature of any State and shall not hold any office of trust or profit other than his office as Chairperson or Member . In case he carries On any business or practices any profession, he shall suspend as the case may be such business of practice beforehe assumes his office. .- . .
4. Selection Procedure.- (1) The Chairperson and the Members of the Commission shall be appointed on the recommendation of a three Member Selection Committee constituted by the Government under the Chairmanship of the Minister of Social Welfare. . . . .
(2) For the purposes of selection of, the Chairperson and Members of the Commission, the Government shall invite applications from, qUalified candidates from the public through an advertisement in at least two leading national and vernacular dailies. The Government 'shall prepare a short list from the applications so received. The short listed candidates shall be selected' on merit and interview by the Selection'Committee. Such selected candidates shall be recommended bythe Selection Committee to the Government for appointment.
(3) The selection procedure shall be fair and transparent."
(4) The Selection Committee shall also prepare a, wait list of two persons for each of the posts. The wait list shall be valid for three months.
5. Terms and Conditions of Sen'ice of Chairperson and Members.- (1) The Commission shall function full time as an independent and autonoijious body.
(2) The Chairperson shall, 'unless removed from office under section 7, hold office for a period, of three years, or till the age of sixty-five years, whichever is earlier.. ,
- (3) Every 'Member shall, unless removed from office under section 7, hold office for a period of three years, or till the age of sixty years, whichever is earlier.
(4) Notwithstanding anything contained in sub-rule (2) or sub-rule (3),-
a prson who has held the office of Chairperson shall be eligible for reappointment, and ,
a person . who has held the office of a Member shall be eligible for reappoininient as a Member or appointment as Chairperson; Provided that a person who has hold an office of Chairperson or member for two terms, in any capacity shall not be eligible for reappointment as a Member of Chairperson.
(5) If the Chairperson is unable to discharge his functions 6wing to illness or other incapacity, the Government shall nominate any other 'Member to act as Chairperson and the Member so nominated shall' hold office of Chairperson until the Chairperson resumes office or till the 'remainder of his term.
(6) The Chairperson or a Member may,, by writing under his hand addressed to the Government, resign his 'office at any time.
(7) A vacancy caused by death, resignation or any other reason shall be filled-up within ninety days from the date'of occurrence of such vacancy.
3
6. Secretary.- (1) The Sócretary shall be appointed by the Government in accordance with sub-section (1) of section 21 of the Act.
•(2) The Secretary shall hold office on full time and for a tenure of three years or such extended period.
.7. Terms and Conditions of Service of Officers and other employees of the -. Commission.- (1)The Government shall appoint such officers and employees as may be
necessary for the efficient performance of the Commission.
The terms and conditions of service of officers and employees shall be as specified in the Kerala Service Rules.
The officers and employees of the Commission shall perform such duties as • may be assigned to them by the Commission or the Secretary.
• . . (4) The category and number of employees of the Commission method of • . appointment and scale of pay shall be as specified in Schedule III of these .
. Rules and or as may be decided by the Government from time to time.
8. Powers and Duties of the Secretary .—The Secretary shall-
have power to execute all decisions taken by the Commission in order to carry out the powers and functions of the COmmission as provided in the sections 13 and 14 of the Act;
exercise and discharge such powers and perform such duties as are required for the proper administration of the affairs of the Commission and its day lo day management as specified in section 21; .
convene the meetings of the Commission in consultation with the Chairperson and serve notices of the meetings to all concerned;
take steps to ensure that the quorum required for convening a meeting of Commission is secured; -
prepare, in consultation with the Chairperson, the agenda for each meeting of the Commission and shall cause submitted self-contained and brief notes to the
- Chairperson and Members; . make available specific records covering the agenda items to the Commission for reference; .
ensure that the agenda papers are circulated to the Members at least two clear working days in advance of the meeting, except in cases when urgent attention is requiretl;
a.
11
- --'• - •
xy-_ :. • •. - • - •.:. • .. :-- .
KI r
prepare the minutes of the meetings of the Commission and execute the decisions of the Commission taken in the meeting and shall also ensure placing the Action Taken Report of the decisions of the Commission before the Commission in its subsequent meetings;
Ensure that procedure of the Commission is followed by it in transactions of its business;
take up all such matters in consultation with the Commission with the Government for release of grants, creation of posts, revision of scales, procurement of vehicles, appointment of staff, laying of annual and audit report in Legislative Assembly, re-appropriation of thnds, residential accommodation, and any other matter requiring the approval of the State Government;
exercise such financial powers as are delegated to him by the Chairperson on behalf of the Commission:
• Provided that no expenditure on an item exceeding one faith rupees at a time shall be incurred without the sanction of the Chairperson; -
to be the appointing, and disciplinary authority in respect of other officers and employees of the Commission.
interact and liaison with concerned departments including Department of Social Welfare, Department of Education, Department of Health and Family Welfare, Department of Local Self Government, Department of Home and other departments of the Governthent for carrying out the functions of the Commission ulider the Act.. .
Salaries and Allowances.- (1) . Chairperson or members shall receive a fixed honorarium as allowances as-prescribed by Government from time to time. -
Provided that if the Chairperson or any other member is a retired Government Servant, his pay has to be fixed as per rule.1OO-prt III KSRs.
(2) The salary and alldwances payable to, and the other terms and conditions of service of the Secretary and the other officers and other employees appointed for the purpose of the Commission shall be such as may be determined by the Government from time to time.
- (3). If the Chairperson or member is in the service of the Central Goveinment or State Government his salary shall be regulated in accordance with the rules applicable to.him.
Leave.- The Chairperson and every other Member shall be entitled to leave rules as per appendi VIII-KSRs. . .
Leave Sanctioning Authority.- (1) The Government shall be the authority competent to sanction leave to the Chairperson: -
5
The Chairperson shall be the authority competent to sanction leave to every Member and the Secretary
The Secretary shall be the authority competent to sanction leave to any officer or other employee of the Commission;
P12. Travelling allowance.- (1) The Chairperson and every otherMember shaltbe entitled to draw travelliflg allowances and daily allowances at the rates appropriate to their pay admissible to equivalent post in the State Government.
(2) The Chairperson and everyother Member shall be his own controlling officer in respect of his bills relating to travelling allowances and daily allowances.
13; Residential accommodation.- (1) The Chairperson and every other Member shall be entitled to the use of an official residence as may be determined by the Government.
(2) If the Chairperson or a Member is not provided with.or does not avail himself of the accohimodation provided under sub-rule (1), he shall be paid every month house rent allowance at the rates admissible to officers of an equivalent rank in the Government. -
• 14. Facility for conveyance... The Chairperson and every other Member shall be entitled - to the facilities of staff car forjourneys for official and private purpose in accordance
with the rules or orders of the Government, issued from time to time in that behalf.
Facility for medical treatment- The Chairperson and every other Member shall be entitled to the medical treatment and hospital facilities as applicable to State-Government servants of equivalent rank as provided in the State Service Rules.
Residuary Provisions.- The condition of service of the Chairperson and the other Members of which no express provision has been made in these 'Rules shall be such
• as may be determined by the Government.
Chapter 3:
FUNCTIONS
Functions of the Commission.- The Commission shall, in addition to the functions assigned to it under clauses (a) to U) of sub-section (1) of section 13, perform the following ifinctions, namely:-
(a.) analyze existing law, policy and practice to assess' compliance with Convention, on the Rights of the Child, undertake inquiries and produce reports on any aspect of policy and practice affecting children and comment on proposed new legislation from a child rights perspective;
(b.)study State policies that impact children and ensure that they comply with international child rights standards.
(c.) present to the State Government, National Commission for the Protection of Child Rights and Other State Commissions annually and such other intervals, as the Commission may deem fit, reports upon the working of those safeguards; -
(d.)undertake formal investigations where concern has been expressed either by children themselves or by concerned person on their behalf; ensure that the. work of the Commission is directly informed by the views of children in order to reflect their priorities and perspectives; promote, respect and give serious consideration of the views of children in its - work and in that of all Government Departments and Organizations dCaling with child; produc&and disseminate information about child rights;
(h) compile and analyze data on children; (i.) promote the incorporation of child rights into the school curriculum, teachers
• training and training of personnel dealing with children. a.) refer cases and issues of national and inter-state importance to the National
Commission for the Protection of Child Rights as and when required; (k.)makeregional visits and hold public meetings at least ohcè in every year in
all regions of the State. (I.) Call for Action •Taken Reports on the recommendations made to various
departments and authorities (m.) Review the plans and programmes of the Local Self Government and
relevant government departments from the child rights perspective and make appropriate recommendations.
CHAPTER 4:
TRANSACTION OF BUSINESS
it 18. Procedure for transaction of business- (1) The Commission shall ordinarily hold its meetings and sittings at the headquarters located in Thiruvananthapuram, during the first and last week of every month. However, the Commission may at the discretion of the Chairperson hold its meetings and sittings at any other place in the State if it considers that it necessary or expedient to do so.
The Commission may hold Camp Sittings at District Headquarters and at such other places in the State taking into consideration the exigencies of individual cases and in the interest of the general public.
The Chairperson may, of his own accord or as required by any Member of the Commission, order special meetings of the Commission to be convened at any convenient place, to consider-any specific matter of urgency.
• (4) Notwithstanding anything contained, in sub-rules (1), (2), and (3), Secretary - shall convene an extraordinary meeting of the Commission on the requisition made
to the Secretary in writing for the purpose by majority of the Members of the -. . Commission
(5)The Commission shall meet at regular intervals for the purpose of disposing of ëomplaints.
(6) The Commission or some Members may transact business at places outside its headquarters as and when previously approved by the Chairperson, provided that if parties are to be heard in cobnection with any inquiry under the Act, at least two Members shall function as a bench of the Commission for such purpose.
(7) The Commission shall normally have its regular sittings on all working days of • . every month, excepting Saturdays and other Public holidays. The Chairperson may,
however either suo-motu or.at the request of one or more members, direct a special sifting to be convened to consider any matter of urgency.
(8) (i) The Secretary, along with such officers as the Chairperson may direct, shall attend the meetings.of the Commission;
(ii) The Secretary shall, in consultation with the Chairperson, prepare the agenda for each meeting of the Commission and shall have notes prepared by the Secretary and such notes shall, as far as possible, be self-contained;
(iii)The records covering the agenda items shall be made ieadily available to the Commission for its reference;
-(iv)The agenda papers shall ordinarily be circulatêdto Members at least two clear working days in advance of the meeting, except in easeswhere urgent attention is
required; •• - . • -
• -
• ./
More than half of the inembers- appointed to the Commission including Chairperson shall form the quorum at every meeting of the Commission;
All decisions of the Commission at its meeting shall be taken by majority:
Provided that in the case of equality of votes, the Chairperson, or in his absence, the person presiding shall have and exercise a second or a casting vote; -
(1 D(i) The Commission may invite, if it is considered necessary, for such purposes and on such conditions as may be prescribed, any person or person with expert knowledge in the particular, subject coming up before the Commission for its disposal to be present at the meeting to assist the Commission in arriving at% decision but such person shall not be entitled to vote.
Every expert, if he is not in service of the Central or State Government or in an institution funded by the Central or State Government, shall be paid a sitting fee Rs..500 (Rupees five hundred only) for attendance of each day of the meeting of the Commission subject to a maximum of Rs. 1500 (Rupees one thousand five hundred only) per month.
Every expert, if he is not in serviôe of the Central or State Government or in an institution funded by the Central or State Government, attending a meeting of the Commission shall be paid, in addition to the sitting fee payable under sub-rule clause (ii) travelling allowance and daily allowance at the rates admissible to the First Grade Officer under the rules and orders made by the State Government from time to time.
(12) If,: for any reason, the Chairperson is unable to attend the meeting of the Commission, any Member chosen by the Members present from amongst themselves at the meeting shall preside.
19. Officers.to attend the meetings.- The Secretary and other officer or officers of the Commission, if so, required by the Chairperson shall attend the meetings of the Commission. . . .
20.. Office Hours.- The working hours of the office shall be from 10.00 a.m. to 1.00 p.m. in the Fore-noon session and from 2.00 p.m. to 5.00 p.m..in the afternoon session or such other hours as notified by the Commission from time to time.
21. Zones.— (l)There shall be three zones in the State for facilitating the functioning of the Comthission as indicated below:
Northern Zone - The DistriOts of Kasargod, Kannur, Kozhikode, Malappuram, Palakkad and Wayanad.
Central Zone - The Districts of Thrissur, Ernakulam, Kottayam.and ldukki.
Southern Zone The Districts of Alappuzha, Kollam, Pathanamthitta and Thiruvananthapuram.
(2) One Member as authorised by the Commission shall be in charge of a zone. The Chairperson may, taking into consideration the administrative and functional convenience re-allocate a particular district or districts already plaëed under one Member to another.
22. Notice of meetings- (DAt least seven clear days notice of all meetings of the Commission shall be given to each Member, but an extraordinary meeting may be called for on a twenty-four hour notice.
(2j The notice shall state the venue, date, time and the agenda for the meeting.
23. Minutes of the meeting.— (1) The minutes of each meeting of the Commission shall be recorded during the meeting itselfor immediately thereafter by the Secretary or by any other officer of the Commission.as directed.
(2) The minutes of the meeting of the Commission shall be submitted to the Chairperson for approval, and upon approval, be circulated to alIMembers of the ComMission at the earliest and in any case sufficiently before the commencement of the next meeting.
The conclusions of the Commission in every matter undertaken by it shall be recorded in the form of anopinion and dissenting opinions, if given, shall also form part of and be kept on record. Action shall be taken on the basis of majority opinion where there is any difference of opinion.
All orders and decisions of the Commission shall be authenticated by the Secretary or any other officer of the Commission duly authorized by the
• Secretary with the prior approval of the Chairperson in this behalf.
Unless specially authorized, no action shall be taken by the Secretary of the Commission on the minutes of the meetings until the Chairperson confirms the same. -
A master copy of the record of all meetings and opinions of the Commission shall be thaintained duly authenticated by the Secretary.
A copy of the minutes pertaining to each item shall be kept in the respective files for appropriate action. Opinions shall be kept in respective records and for convenience, copies thereof with appropriate indexing shall be kept in guard files.
Report of Action. Taken.- Report of the follow up action, shall be submitted by the Secretary to the Commission at every subsequent meeting indicating therein the present stage of action taken on each item, on which the Commission had taken any decision in any of its earlier meetinüs, exceptin the items on which no further action is called for.
ChapterS:
PRELIMINARy ACTION ON RECEIPT OF COMPLAINTS.
Language of Complaints.- Complaint.rnay be made to the Commission in Malayalam or in English or in any of the languages included in the Eighth Schedule of the Constitution of India. However, when complaints are made in any language other than in Malayalam or in English, translated version of the complaints either in Malayalam or in English shall also be furnished.
10
26. No fee shall be èhargeable on complaints.
27. Every complaint should disclose a complete picture of the matter complained of and disclose the name and address of the respondent. The Commission may, if it considers necessary, -
call for further relevant information from the complainant; direct the complainant to file affidavit/s in support of the complaint; obtain sworn statements of the complainant; and - take statement of the complainant by issuing Commission for that purpose or
by any other means considered necessary.
28. Complaints not ordinarily maintainable.-The Commission may dismiss in limine the complaints of the following nature:
Illegible; vague or anonymous or pseudonymous; trivial or frivolous; issues relates to civil disputes, service matters, labour or industrial disputes;. allegations do not raise any violation of child rights; matter is sub judice before a Court or Tribunal; matter- is covered by a judicial verdict or decision of the National or State
Commission;
where complaint is only a copy of the petition addressed to some other authority;.
where the petition has not signed or where the original petition is not sent to the Commission; 0) where matter is outside the purview of the Commission or on any other ground. -.
Chapter 6
RECEIPTS AND DISBURSEMENT OF TA-PAL
29. Tapal, by whatsoever mode received, addressed to the Commission, its Chairman, Members or Officers of the Commission either by name or by designation shall be received by the designated officer in the office of the Commission
Note: Those communications which are addressed by name to the Chairperson, Members and . other officers of the Commission shall be - noted in separate 'Transit' Registers and delivered forthwith to the designated official and acknowledgement of receipt shall be obtained in the Register.
30. Unless otherwise directe,d, petitions or Communications received by the Chairperson, Members and other Officers of the Commission when marked to each division shall be dealt with as prescribed in the Rules.
.t
11
The Tapal shall be opened in the presence of the Section Officer in charge • Of Receipt and Despatch Section who shall get the same sort o.utSection wise and diarised in 'a register containing particulars, such as date of receipt, Diary No., sender's name and address and transmitted under acknowledgement to the concerned petition sections and to the respective heads of the other divisions. Separate Transmission Registers shall be maintained for each section in the Law Division as well as in other divisions.
(l)Distribution and disbursement of Tapal.- (1) The designated official shall submit the tapal to the Section Officer in charge of the Administrative division who shall get the Tapal sorted out division-wise. . There shall be a Tapal Register maintained for each division. After the tapal is sorted division-wise each item' in the tapal shaft be numbered consecutively with the nuthber being duplicated in the Tapal register also. Particulars such as date of receipt, sender's name and address outside number, if any, tapal number assigned, shall- be recorded in an "Inward Register" maintained by the
. designated official; The tapal shall then be delivered with the tapal register to the division concerned. The Section Officer/Officer-in-charge of the division shall allot the tapal in accordance with the approved distribution of work and the acknowledgements of tapal received in the tapal register by the Assistants/officials concerned. Each Assistant in the divisions.shall maintain a Personal Register in which the current tapal received by the Assistant shall be registered. -
(2) The papers received by tapal or otherwise in the office shall broadly fall under three ategories, namely:
(i) those relating to complaints regarding violation of child rights; - (ii) those relating to administrative matters;
(iii) those relating to miscellaneous mafters.
Scrutiny of Complaints.- (1) Immediately on receipt of tapal relating to . complaints regarding violation of child rights, the Section Officer in the
• ' - Administrative Division shall forward the sathe to the Court Officer/Section Officer who shall sort out the new complaints, register them' in the 'Child Rights
'Miscellaneous Petition Register maintained in the section and allot them to the - Assistants concerned in accordance with the distribution of work. The Assistant, shall
submit each Child-Rights Miscellaneous Petition duly filled in to the Register and the Registrar shall place the case file before the Member concerned/Chairman as the 'case
- maybe.
(2) Complaints and other communications relating to violation of child rights - - requiring urgent attention shall, however, be placed by the Section Officer before
the 'Registrar who shall cause it to be placed immediately before the Member available for appropriate orders. -
If a petition/complaint is dismissed in limine by the Commission,' the matter shall be treated as closed. In such cases, an intimation 'regarding the fact of disposal shall
- be given to the petitioner/complainant if it is so ordered by the Commission.
12
.
/
35. Where the Commission finds that a complaint is not maintainable by it, but that it requires action by an authority other than the Commission, it shall be forwarded to that authority on the orders of the Commission.
36. Registration.- A common register called the Child RightsPetition Register shall be maintained by the Section Officer. Every complaint or petition received in the section shall be entered in the Register in the order in which it is received in the tapal. Particulars such as, the current number, date of receipt, the nature of complaint or petition, name of the complainant or petitioner, the date of occurrence, name of District in which the alleged violation has occurred, name of the respondent, if any, etc., shall be recorded in the register. - (2) Records relating to each complaint shall be kept in a separate file cover,
specifically printed for the purpose, and arranged chronologically in the following order, namely
(0 index in form No order sheet:in form No brief particulars of the complaint Complaint or petition with Annexures if any
(3) The Assistant concern&l shall, after arranging the file in the manner prescribed in clause sub-rule(2) above, submit it to the Registrar for placing before the Commission:
All complaints newly tegistered shall be plated before the Bench concerned for preliminary consideration as expeditiously as possible but not later than 15 days from the date of its receipt
Complaints requiring urgent consideration shall be placed before the Commission as far as possible within 24 hours of its receipt.
37. (1) Upon deciding to entertain a complaint the bench concerned may direct whether the matter should be set down for inquiry by the Commission or be investigated by some other agency.
(2) In case of complaints which are not dismissed in limine and decision is taken by the Bench concerned to hold an inquiry, the Registrar shall call for such reports from the Government or any other authority or organizations subordinate thereto as may be directed by the Commission. The time within which reports should be furnished to the Commission shall also be specified.
38. The.Commission as a whole or Members individually or collectively may undertake i'isits to any place in the State for an on the spot study of facts relating to matters brought before it and when such visits are made a report thereon shall be prepared and kept as record.
39. Constitution of Benèhes.-, (1)_Subject to such special or general orders of the Chairperson, ill 'complaints shall be dealt with by a Single Bench of the Commission. If the Single ,Bench dealing with the case, having' due regard to the nature and imprtance of the issues involved, is of the opinion, that the case should be considered by a Division or a Full Bench, the Single Bench may refer the case to
13
the Chairperson -who may constitute a Division Bench or Full Bench, as the case may be, and refer the case to the Bench so constituted.
(2) When a case is referred to a Division Bench/Full Bench, the Section Officer concerned shall have the requisite number of copies of the case file prepared for the use of all Members in the Bench. - -
Chapter 7
PREPARATION OF CAUSE LIST, SUMMONS,EXAMINATION OF - WITNESSES AND REPORT
40. Preparation of Cause List.- Cause list shall be prepared listing the cases under the following heads,namely:- -
Preliminary inquiry: - •
(i) Petitions - the entertainability of which is under consideration; . (ii) Petitions - relating to which the need for a preliminary inquiry•
either by the Commission or by any other agency is to be considered
Inquiry: All cases in which preliminary inquiry has been completed and orders have been passed admitting it to the file for recording evidence -of the parties and to hear their arguments shall be included in this category
• (c.)Final Orders: Cases in which recording of evidence and hearing of parties have been completed
(d.) Follow up action: Cases in which orders have been passed after inquiry requesting-the Government or othef authorities to offer their comments and particulars regarding the action taken by them consequent thereto.
41. Posting of Cases- (1) Cause list of each Bench shall be prepared in accordance with the allocation of districts among the Members of the Commission. The caue list and the files relating to the cases listed therein shall be submitted to the
- Bench concerned two days prior to the date appointed for hearing. The Bench shall indicate the case or cases to be posted for each day and the cause list
shall be prepared accordingly.
42. Preliminary Examination/Investigation: (1.) If a complaint after consideration is dismissed the said order shall be communicated to the complainant concerned and the case shall then be treated as closed.
(2) If on consideration of the complaint or after taking cognizance of a matter suo motu, the commission orders issue of a notice to the State Government or to any authority or organization subordinate thereto, a notice signed by the Registrar shall be issued to the State Government or authority or organization concerned. Such notice shall be accompanied by a copy of the complaint or a description of the matter suo motu taken cognizance of
14
If no time is fixed by the Conrniission for return of the notice or furnishing of the information or repott, the time shall be thirty days from the date of service of the notice.
If the information or report called for under clause (2) abOve is not received within the time allowed, or if it is received late, or iftheinformatjon or report received is not complete in any respect, the case shall be submitted to the Bench for further orders or directions.
43. Recording of Order. (1) Qrdinarily short orders of the Commission shall be recorded in the order sheet. Orders which are lengthy shall be recorded on separate she and appended to the order sheet or kept separately. The Bench concerned shall make necessary entry in the relevant column of the order sheet mentioning the page number, date of order etc.
In cases where urgent action is required to be taken pursuant to the order • !proceeding issued by the Commission, the Bench Assistant concerned shall forthwith
send the file to the Registrar. The Registrar shall then give suitable instructions with regard to the mode of communication i.e. by Telephone!FaxlSpeed PostlTelegram etc. and transmit records.
Other witnesses on the side of the petitioner/petitioners shall be examined as PW2, PW3 etc.
(i) the evidenceof the respondent or respondents shalithen be taken up by examining if necessary the sole respondent or respondent No.1 or any of the respondents as RW.l and documents produced on his/ her behalf shall be marked serially as Exhibits RI, R2, R3 etc.
(ii) Other witnesses on the side of the respondent/respondents shall be examined as RW2, RW3 etc.
The Bench may; in its discretion, examine as witness any person other than the petitioner or petitioners, respondent or respondents and.persons cited by them as witnesses and the pers9ns so exan med shall be CWI, CW2 etc. in the order in which they are examined and the documents produced by them shall be marked as Exhibit C I, Ext. C2etc.
Nothing mentioned in this Rules shall be regarded as a bar for the Bench in examining first the petitioner or petitioners, the respondent or respondents or witnesses, as the case may be.
The petitioner or petitioners and respondent or respondents shall be at liberty to cross-examine or refrain from cross-examining the witnesses produced by other parties provided that no child shall be directly cross-examined.
15
Every affidavit shall be drawn up in the first person and shall be divided into paragraphs numbered consecutively. Each paragraph, as nearly as may be shall contain a distinct portion of the subject matter. The affidavit shall also state the fbll name, age, description and abode of the deponent and shall be signed in full or be marked with his thumb impression. -
After the close of inquiry a formal order culminating in the disposal of the complaint shall be pronounced by the Bench after giving both the petitioner or petitioners and the respondent or respondents an opportunity of being heard. -
A copy of such order shall be Ibmished to the petitioner/respondent free of cost.
Forms specified by the Commission under these Rules shall be used for the respective purposes therein mentioned with such variations as the particular circumstances of each case may require.
Communication of Recommendations.- In cases where the inquiry results many recommendation to the Government or any other authority or Organisation subordinate thereto a copy of the report thereon shall be forwarded to the Government or the authority ororganisation subordinate thereto as the case may be within 20 days from the date of the order and the Government or authority shall be required to forward its comments on the report inlcuding the action taken or proposed to be taken thereon to the Commission within a period of one month or such further time as the Commission may allow.
Application for copies.- (I) Any person who desires to obtain a copy of any proceeding or document filed in or in the custody of the Commission may present an application with the name of the applicant, his position in the proceeding or the way in which he is interested in the proceeding and the description ofthe document of which the copy is required.
(2) Copies maybe granted only under orders of the Bench concerned and on payment of the actual cost for taking such copies.
Orders after disposal.- When orders are passed by the Commission after inquiry under section 14 of the Act the Registrar shall cause to:
prepare a list of such cases in which orders are passed;
publish the list so prepared on the notice board of the Commission on the first working day of every month;
make available to the library of the :Commission two sets of inquiry repon together with comments of the Government orauthority concerned, if any, and the action taken or proposed to be taken by the Government or authority concerned on the recommendations of the Commission; -
ILl
send simultaneously free of cost a copy each of the documents referred to in clause (c) aboye to the complainant or to his representative;
keep the original order in each case permanently in therecord section of the office along with the order sheet.
Chapter 8
FINANCIAL POWERS AND PREPARATION OF BUDGET
The Commission shall spend the sums of money received by it for the purposes of its functioning.
The Chairperson shall have all powers relating to financial transaction of the Commission, except in cases, which require prior approval of the State Government
• 50. The Chairperson shall obtain prior approval of the State Government in matters of creation of posts, revision of pay scales, procurement of vehicles, re-appropriation of funds from one_head to another, permitting any officer of the Commission to participate)s6m,jnars, conferences or training programmes abroad and such other matters &fermined-by-th - Government, by order.
51. The Chairperson shall, subject to such conditions and limitations and control and supervision, have powers to delegate his financial powers to any Member or the Secretary:
- Provided that no such powers shall be delegated in respect of incurring an expenditure on an item exceeding one lakh rupees at a time without the prior approval of the Chairperson.
• 52. The Chairperson shall have powers to engage any person or persons as consultant or consultants for a specific purpose and for a specific period on the terms and conditions agreed In advance- relating to honorarium, traveling allowance and dearness allowance.
The Secretary shall have powers to execute all decisions taken by the Chairperson or any other Member on his behalf relating to financial matters.
All financial powers of the Commission shall be governed by the General Financial Rules, delegation of financial powers. Rules and instructions issued by the Finance Department of the State Government in this regard from time to time.
The forms in which the budget may be prepared and provided and forwarded to the State Government Shall be as provided inForms I, II, III, and IV of Schedule I and Schedule H. •
17
The estimated receipts and expenditure shall be accompanied by the revised budget estimates for the relevant financial year..
The budget thall, as far as may be, be based on the account heads specified in Schedule II.
Chapter 9
MISCELLANEOUS
Mode of communication-Unless otherwise directed, all communications from the Commission shall be sent by registered post.
Consignment of records - Records of all cases finally dispSed of shall be transmitted to the Section Officer of the Petition Section who will be in charge of the
• records. He shall make necessary entries in the register in a manner decided by the Commission.
Preparation of statements.- The Registrir shall cause to prepare such weekly, monthly, quarterly, half-yearly or yearly statements/returns/reports in such Form as may be specified by the Commission from time to time.
The Registrar shall review periodically the allocation of work in the petition section to ensure equitable distribution of work in each division Of that section.
Annual and Special Reports.- (I) The Commission shall furnish its annual'rèport for the period commencing from 1st April of every year to the 31st of March of the succeeding year to the State Government asprovided in section 23 of the Act.
A draft of the report shall be prepared in the petition section before the 31st of March- every year and be presented before the Commission for approval. The original report shall be signed by the Chairperson and Members of the Commission and three copies of the report duly authenticated shall be sent to the State Government by the end of April every year.
The Commission may furnish such special reports on specific-matters as may be considered necessary as per section 23 of the Act under the, direction of the Chairperson.
The Government shall cause the annual and special reports of the Commission to be laid as per sub-section (2) of section 23 oflhe Act within a period of one year from the date of receipt of such report
The Government as the case may he concerned, shall cause the annual and special reports of the Commission to be laid before the State Legislature, as the case may be, along with a memorandum of action taken or proposed to be taken on the
18
recommendations of the Commission and the reasons for non-acceptance of the recommendations, if any within a period of one year from the date of receipt of such report
The annual report shall include inforthation on administrative and financial matters, complaints investigated / inquired into; action taken on cases; details of research; reviews; education and promotion efforts; consultations; details, and specific recommendations of the Commission on any matter, besides any other matter that the Commission may consider warranting inclusion in the report;
In case the Commission considers that there could be a time lag for the preparation of the annual report, it may prepare and submit a special 'report to the State Government. The annual report shall be submitted within three Months of submitting the special report.
The Commission shall place the annual report on the Commission's website.
• 63. Printing of Reports- The office of the Commission shall be responsible for the printing of the annual report with utmost expedition and in any case not later than one month of the finalisation of the report.
64. Panel of consultants.- ('1) The Commission may constitute a panel of consultants for assisting the Commission in wide range of tasks 'including such as investigation, inquiry, to serve on task forces or Committees, for, study, research and analysis.
The Commission may draw on experts from academic, - research, administrative, investigative, legal or civil society groups to form the panel.
The Commission may devise a transparent 'process of empanelling these consultants'so that they are available for quick delegation of tasks.
Schedule I FORM1
THE KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS Detailed Budget Estimates for the Year 20..
(See Rule 57)
ADMINISTRATION (Expenditure)
Head of Accounts
Actual for the past - three
SSctioned estimate for the current
Actuals of last six months
Actuals of six months of
Revised estimate for the current
Budget estimate for the next
Variations between columns 5
'& 8
Variations between columns 8 & 9
Explanai1 for columns 1 0& 11
years year . current year year year ,
j .234 10 11 12
'19
FORMII KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS
ESTABLISHMENT Statement details of provision for pay of officers/Establishment for the yeaf2O.-20..
(See Rule 57)
2 . 3 4. 5 6 7 Name an Reference Sanctioned pay Amount Increment falling due within the year Total Rem Designation to page of of the Post of
- estimate provisions . j provision
for the arks
Date of Rate of Amount form I
for the year at the
increment 1ncement .
of .
Increment year i.e. total Minimum]
Maximum rate in J columns Actual Pay of the column J 4&5 Person concerned due on Pt April next -
year (a).j(b) (c 3(c) (a) .. (b) . (c)
. . . . FORMIII KERALA STATE COMMISSION FOR PROTECTION.OF CHILD RIGHTS
NOMINAL ROLLS (See Rule 57)
Name and Pay Dearness Compensatory House Over time children Leave - Other- Total Designation Allowance (city) Rent allowance educational travel Allowances allowance Allowance allowance concession
- 2 3 4 5- 6 7 8 . 9 10
20
FORM IV • KERAt%. STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS
• (Abstract of Nominal Rolls) (See Rule 57)
ctual Particulars I Sanctioned budget Revised Estimates Budget Explanation of posts grant 20..-20.. 20..-20.. Estimates 20..- for the ength 20.. difference
rsanctioned
son - between arch 1 sanctioned 20.. budget, revised estimates and
budget estimates
Noof Pay Noof Pay.and Noof Pay posts and posts allowa- pdsts and included allow included nces inbiuded allo-
-
• ances wan- ces
2 3 4 5 6 7 8 9 1. Officer
Posts -
filled Posts
• vacant Total(1) Officers 2. Establis -
hment Posts • • •
filled Posts vacant
• (c)Total (2) Establis
• hment 3. Class
ly (a) Posts
filled (b)Posts
vacant • • - -
Total (3) • ClasslV •
• Grandlotajof • -
1,2,3
21
II
[I
I.
Schedule H BUDGET AND ACCOUNT HEADS
(See Rule 57) ADMINISTRATION
Heads of Accounts (Expenditure)
Salaries Wages
Travel Expenses Office Expenses
Furniture Postage Office machines! equipment Liveries
Hot and cold weather charges (I) Telephones
Electricity and Water charges Stationery
Printing Staff car and other vehicles Other Items
Fee and Honorarium Payment for professional and special services Rents, rates andtaxes!royalty Publications Advertising sales and Publicity expenses Grant-in-aiclJ Contributions! Subsidies Hospitality expenses sumptuary allowances etc. Pensions! Gratuities Write oft! losses Suspense Other charges (a residuary head, this will also include rewards and prizes)
Heads of Accounts (Receipts)
Payments by Central Government Other receipts
22
SI No Category No of Post •Method of Scale of pay (1) (2) (3) Appointment (5)
(4) Registrar I By deputation from As applicable to the
the category of corresponding AddI. Secretary to categories in the
• Gpvernment, Law State Subordinate Department, service subject to
• Secretariat changes in pay Revision Orders.
2 Administrative I By deputation from Officer the category of Joint
Sebretary to Government
- General
• Administration Department, Secretariat
3 Finance Officer I . By deputation from the category of Joint Secretary to Government, Finance Department, Secretariat
4 • Section Officer or 4 By deputation from Senior . the category
: of
Superintendent/Court Sectjon Officer Officer General
• Administration department, Law Department - or
• similar category of - officers
Accountant . I • • By deputation from the category • of
• Accountant, Finance •
-
Department, -•
_______ ___________________ • Secretariat
Public Relations 1 By deputation from Officer • the category of PRO,
• from the information
Schedule III
Staff to be appointS to the Commission
(See Rule 7 (4))
23
-- : -as> - --- --
.
and Public Relations Department General Administration,
_____________ _____________ Secretariat 7. Assistant Grade 1 2 By deputation from
the category of Legal Assistarit Gr II of the Law Department or imi1ar category of
Officers from the Judicial Ministerial Service or from any other Subordinate Services of Government
8. . Clerk cum computer 7 By depthation from data entry operator the category of
Typists Grade II in. the Government Secretariat or from similar category of Officers in any other SUbordinate Service
9. Driver 2 By deputation from the' category of Driver in the Subordinate Service
10. Peons . 3 By deputation from the category of Peons in the Subordinate Service
11. Part-time Sweeper I In the manner provided in the Kerala Part-time Contingent Service Rules
By order of the Governor
Dr.K.M.ABRAHAM Principal Secretary to Govt.
24
and Public Relations Department General Administration, Secretariat
7. Assistant Grade 1 2 By deputation from the category of
• Legal Assistarit Or II of the Law Department or
• imilar category of Officers from the Judicial Ministerial Service or from any other Subordinate Services of Government -
8. Clerk cum computer 7 By deputation from data entry operator the category • of • -
Typists Grade H in the Government
• - • Secretariat or from
similar category of Officers in any other Subordinate Service
9. Driver 2 By deputation from th& category of Driver in the Subordinate Service
10. Peoris 3 By deputation from • • the category of
Peons in the Subordinate Service •
11. • Part-time Sweeper I In the manner • provided in the
- Kerala Part-time • - Contingent Service •
• _______ Rules
By order of the Governor
Dr.K.M.ABRAHAM Principal Secretary to Govt
• • 24
dated 5-9-2012 with RN! © S
Regn. No. KER BIL/2012145073
Government of Kerala Reg. No. KL/TV(N)/634/20 12.14
2014 .1
casø@ KERALA GAZEYFE
(3WTO3U)306100 EXTRAORDINARY
GflU)1c9,D(D1.cth))CEW1 ctl(1)6'jsncn)(6) 0 PUBLISHED BY AUTHORITY
2014 flfl)ni& 27 -
27th January 2014 conma
1189 k830O 14 286 Vol ifi I Thiruvananthapuram, 1h_Makaram 1189
No. 1935 I3'SIo 7
Monday 7th Magha 1935
GOVERNMENT OF KERALA
Social Justice (A) Department
NOTIFICATION
GO. (P) No. 06/2014/Sm. Dated, Thiruvananthapurain, 23rd January, 2014.
S. R. 0. No. 66/2014—In exercise of the powprs conferred by sub-section (2) of section 17 and section 18 of the Commission for the Protection of Child Rights Act, 2005 (Central Act 4 of 2006), Government of Kerala hereby appoint the following persons as Members of the Kerala State Commission for Protection Of Child Rights, constituted vide notification issued under G. 0. (P) No. 44/2013/SJD dated 23rd May, 2013 and published as S. R. 0. No. 428/2013 in the Kerala Gazette Extraordinary No. 1458 dated 27th May, 2013 for exercising the powers and performing the functions under the said Act and the Rules made thereunder, namely:-
PRINTED AND PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES AT THE GOVERNMENT cENTRAl. PRESS,TFURUVANANTEAPURAM, 2014
33/463/201 4IDTP.
2'
I. Shri K. Nazeer, .. Member
Advocate, 'Amnesty', Chaliyam P. 0.,
Kozhikode, Pin-673 301.
Smt. Meena, C. U., ' .. Member
A3, Star Castle, Sastha Temple Road,
Link Avenue, Kaloor P. 0.,
Cochin, Pin-682 017.
Shri Babu, N. .. Member
Narikuni House, 0 Pantheerankavu P. 0.,
Kozhikode, Pin-673 019. -
Fr. Philip Parakatt, P. V., .. Member-
Don Bosco, Manvila,
Kulathoor P. 0.,
Thinivananthapuram, Pin-695 583.
Adv. Sandhya, 1., .. Member
P-14, Palayam Police Quarters,
Vikas Bhavan P. 0.,
Thiruvananthapuram, Pin-695 033.
SmL Glory George, .. Member
Arpitha, Cholavayal,
Kalpetta P. 0.,
Wayanad, Pin-673 121.
By order of the Governor,
DR. K. M. Asrt&a, Additional Chief Secretary -to Government.
3
Explandtory Note
(This does not form part of the notification, but is intended to indicate its general purport.)
As per notification issued under G. 0. (P) No. 44/2013/SJD dated 23rd May, 2013 andpublished as S. R. 0. No. 428/2013 in the Kerala Gazette Extraordinary No.1458 dated 27th May, 2013 Government of Kerala have constituted the Kerala State Commission for Protection of Child Rights with Smt. Neela Gangadharan as the Chairperson, Clause (b) of sub-section (2) of section 17 of the Commission for Protection of Child Rights Act, 2005 (Central Act 4 of 2006), provides that the State Commission shall consists of six Members other than the Chairperson out of which at least two shall be women from among persons of eminence, ability and integrity from the fields specified in the said section. Now Government have decided to appoint six Members to the Commission after complying with the provisions in the said Act and the Kerala State Commission for Protection of Child Rights Rules, 2012 made thereunder. The terms and conditions of the Members of the Commission shall be as stipulated under section 19 of the said Act and rule 5 of the said Rules.
The notification is intended to achieve the above object.
© dated 5-9-2012 with RNI e&,ø
Government of Kerala
Regn. No. KERBIL/2012/45073
Reg. No. KL/TV(N)/634/20I2-14
2014
'I
hthø (IXfl)Ofl
KERALA GAZEYFE
(m(Tt)3Uflø6fl)o EXTRAORDINARY
(3nju)1a,oølacnocn)1 Lnm)lPS1cM2mc% PUBLISHED BY AUTHORITY
2014 27
• 27th January 2014 aI3eJo 3 } 1189 aam
287o 14 o,cnit3 '
Vol. ifi Thiruvananthapu.ram, 14th Makaram 1189 No.
1935 30O 7
Monday 7th. Magha 1935 •'.
. .. GOVERNMENT OF KERALA
Social Justice (A) Department
NOTIFICATION
G. 0. (P) No. 07/2014/SJD. Dated, Thiruvànanthapuram, 23rd January, 2014
S. R. 0. No. 67/2014.—In exercise of the powers conferred by sub-section (1) of section 21 of the Commission for the Protection of Child Rights Act, 2005 (Central Act 4 of 2006) the Government of Kerala hereby appoint
.
Shri C. K. Viswanathan, lAS (Rtd.), now working as Officer on Special Duty, Social JusticeDepartment in the rank of Secretary to Government, as the Secretary of the Kerala State Commission for Protection of Child Rights for the proper administration of the affairs of the State Commission and its day-to-day management and shall exercise and discharge powers and perform duties as provided in the said Act and in the Kerala State Commission for Protection of Child Rights Rules, 2012 made thereunder.
By order of the Governor,
DR. K: M. ABRAHAM,
Additional Chief Secretary to Government.
PRINTED AND PUBLISHED BYTHE SUPERINTENDENT OF GOVERNMENT PRESSES AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM. 2014.
33/464120 t4/DTP.
Min
2
Explanatory Note
(This does not form part of the notiflcation, but is intended to indicate its general purport.)
Section 21 of the Commission for the Protection of Child Rights Act, 2005! (Central Act 4 of 2006) provides that the State Government shall, by notification, appoint an Officer not below the rank of the Secretary to the State Government as the Secretary of the State Commission for the efficient performance of its Thnctions. According to rule 6 (2) of the said rules the Secretary shall hold office in full time and for a tenure of three years or such extended period.
Now, in exercise of the powers conferred by section 21 of the said Act, - Government have decided to appoint Shri C. K. Viswanathan, lAS (Rid.) $ presently working as Officer on Special Duty, Social Justice Department in the rank of Secretary to Government as the Seéretary, Kerala State Commission for Protection of Child Rights for the efficient discharge of its functions under the said Act and the State Rules made thereunder.
The notification is intended to achieve the above object.
61
a,
© dated 5-9-2012 with RNI
C&,tb
ioventment of Kcrala
Regn. No. KE
OO(8&Q3cB
R.BIL/2012/45073
Reg. No. KLrrv(N)M3412015-17
2015
CcthC (IXfl)O() KERALJ\ GAZE'I"I'U
cmflt3W306fl)o
EXTRAORDINARY
(ww1a,o(b1.thoocwl Laxmlavon
PUBLISHED BY AU'fl-IORFI'Y
2015 26
26th March 2015 1190 Ol(Do
01s3w0 12 mmic}
. I Thiruvananthapuram, 12th Meenam 1190 687
- - No.
Thursday 1937 e6)n1Lm)a 5
- - 5th Chaithra 1937
GOVERNMENT OF KERALA
Social Justice (A) Department
NOTIFICATION 6th March. 2015
G. 0. (I') No. 1312015/SI!). hated, 7hirtivananthopuram, 22nd Kurnbham, 1190.
S. R. 0. No. 16112015.—In exercise of 'the powers conferred by sub-section (2) of section 8 and section 18 the Commissions for the Protection of Child Rights Act, 2005 (Central Act 4 of 2006), Government of Kerala hereby appoint Situ. Shoba Koshy, 'Fatherly', 1-latherly Road, Coonoor, 643 101 Tamilnadu, presently residing at A-9 PRS-Lakcvillc, Aakulam, Thinivananthapurarn 695 017, as the Chairperson of the Kerala State Commission for the Protection of Child Right subject to the result of Writ Petition (C) No. 6019/2015 pending before the Ilon'ble High Court of Kerala.
By order of the Governor,
A. SHAJAHAN,
Special Secretary to Governm&ni. 3311172/2015/5-22.
no -0
0
2
Explanatory Note
(This does not form part of the notification, but is intexded to indicate its general pur1ort.)
Government had appointed Smt. Neela Gangadharari, lAS (Rtd.), as the Chairperson of the Kerala State Commission for the Protection of Child Rights as per notification issued under 0.0. (F) No. 44/2013/SID dated 23rd May, 2013 and published as S.R.O, No. 428/2013 in the Kerala Gazette Extraordinary No. 1458 dated 27th May, 2013. Government had also appointed six members to the said Child Rights Commission as per notification issued under (id. (P) No. 06/2014/SJJ) dated 23rd January, 2014 and published as S.R.C. No. 60/2014 in the Kerala Gazette Extraordinary No. 286 dated 27th January, 2014. Then Smt. Neela Ganadharan has resigned as the Chairperson of the Commission due to personal reasons and. Government have accepted the resignation. Now, Government have decided to appoint Son. Shoba Koshy as the Chairperson of the Kerala Sate Protection of Child Rights Commission.
This notification is intended to achieve the above object.
I
PRINTED AND PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES
NI TIlE GOVERNMENT CENTRAL PRESS, TIIIRUVANANTHAPURAM. 2015.
•:
OP © L4JL Rcgn. No :KERI3I1,I20I2/45073
:c3ovenmlent of Kerala
2015
ao)to1a3co'a.caocxv1 Ln)S)
PUI3LISHEI) BY AUTHORITY
,G,o,(O@ C1)t3&QOX8 dated 5-9-2012 with RNI Reg. Nb. KIJTV(N)/63'4à015-17
eis (IXTIX) KI&RALA GAZET:I'E
mot3WcR6Tha ' "
ExI:kAORDINARY '
2015 n43LnfltD7
't51cimcm)njcD, 7th April 2015 flI3Pflo4 (fltflJt5
• - A lnOmflcno24
• Vol. IV J Thiruvananthapuram, 24th Meenam 1190 '-. 785
1 uesday 1937 %ThiU5o 17 - - 17th Chaithra 1937
GOVERNMENF OF KERALA
H Social Justice (A) Department
.NOTIFICA11ON
(1 0. (P) No. 23/2015/SJD; Dated, ThiruvananIliapai rum, 31stMçhth 2015 17th Meeham, 1190.
S. R.O. No. 203/2015—in exercise of the powers conferred, by section 25 of the Commissions for Protection dfiChild Rights Act, 2005 (Central
-Act 4'of 2006), and in superscssion of the notification issuàd'under G. 0. (P) No. 22/2009/SWJ), dated. 3rd June, 2009 and published as S. R. 0. No.446/2009 in'the Kerala Gazette' Extraordinary No. 1011 dated 6th June, 2009,
• the Government' of Kerala, with the concurrence of the Chief Justice of the High Court of Kerala, hereby specify the Court of Session's mentioned 'in' column (2) of the Schedule below, as a' Children's Court 'to try the 'offences against chilcIren or of 'io1ation of child rights, for the Districts shown against
each in column (3) of the Schçdule below: '71
33!1319/2015/S-21.
2
Sc IEDUI} -
-
Si. N
Court of Sessions Disinc:
(I) (2) (3)
1 Additional District and Sessions Court-I, Thinavananthapuram •fhiruvananthapuram (
2 Additional District and Sessions Court-I, Kollam Kollam
3 Additipnal District and Sessions court-I, Pathanamthitta
!athaIamt11itta
4 Additional District and Sessions Court-I, Alappuzha Alappuzha
A 5 - Additional District and Sessions Court-I; Kottayani
Kottnyam
6 Additional District and Sessions Court-I, Idukki Thodupuzha•
7 Additional District and Sessions Court Ernakulam for the irial of cases relatinE to atrocities and sexual violence towards women and children, Emakularn
8 Additional District and Sessions Court-I, Thrissiir 'I'hrissur
9 Additional District and Sessions Court-I, Palakkad - -
- Palakkad
10 Additional District and Sessions Court-I, Malappuram • Manjeri
II Additional District and Sessions Court-I, Koxhikode - - -
Kozhikode
3 .
(1) (2) . (3) -
12 Additional District and Sessions Court,I, Wayanad Kalpetta
13 Additional District and Sessions Court-I, Kannur l'haIasery
14 Additional District and Sessions Couft-1, Kasaragod Kasaragod -.
H By order of the Governor,.
- bR K. M. ABRA}IAM,
Additional Chief Secretary to Govctnment.
Explanatory Note
• - (This does not form part of the notification; but is intended to indicate its general purport.)
As per notification issued under G. 0. (P) No. 22/20091SW 9 , dated 3rd June, 2009 and published à-S.R.0. No. 446/2009 in the Kcrala Gazette l'itraordinary No. 1011 datcd 6th June, 2009 the Government of Kerala with the-concurrehce of the Chief Justice of the High Court have notified the Principal Sessions Court in each District as children's court for the purpose of-providing
.
speedy trial of offences against hildren or of violation of child tights; For speedy disposal of casts relating to atrocities and sexual violence against children the State Commission for Protection of Child Rights has rec[ucstcd the
• J-lon'ble Fligh Court to hotify any other codri of session .havihg lesser work in every District, as Special Court to try the .offences' undei the Protection of Children froth Sexual Offences Act,- 2012 (Central Act 32 of 2012). The Registrar
- Of High ICourt, of Kerala has -recommended to the Coyernment to.-notify the :1st Additional District and sessions Court in'each District as Children's-COurt:
- . Therefore, Government have decided to notify the .1st Additionl District and - Sessions Court in each Distrièt as Children's Courtfor the purpose of providing
speedy: trial of offences .against children or of. viOlation of child rights.-
• The notification is intended-to 'achieve the above object. -
PRINTED AND PUDI•ISHE[) BY TilE SUPERINTENDENT OF GOVERNMENT PRESSES-
AT IIIE G0VItRNMI.NrcEN-rRA[. PRESS. TIIIRIJVANANTIIAPIJRAM. 2015.
PC
© (jovemment of Kerala
aco,o rmc$&eoc$ 2012.
KERALA GAZETTE ace,ø csxm0x5
Reg. No. cSl. mmicö KIJTV(N)112/12-14
-V
EXTRAORDINARY
.
(Wb(fl)OWOø6fl)ó
PUBLISHED BY AUTHORITY urw1a,36l&ad1 im1aumm'
1
- •1 Thirtivananthapuram. 4th October 2012
Vol. 1.Vll Thursday 2012 GaS3Gnit8 4 No.' 1 2001
013thoS7 tTh1OOItflflU)nJOo, 12th Aswina 1934 axnx-J - oJoco 1934 tmuJlmo 12
GOVERNMENF OF KERALA
Social Welfare (A) Department
NOTWICATION
Allial
ç 0. (P) No. 59t2012/SWD. Dated, Thiruvanant/zapurani, 41h October, 2012.
S. R. 0. No. 7OOl2O12.–ji?exdrcise of the powers conferred by Section 36 of the Commissions forProtection.of ChildSightsAci,2005 (Central Act 4 of 2006). the Government of Kerala hereby makes the following rules, namely:---
RULES
- - CIIAP-t -ER I
PRELLMIN.RY
Short title and commencement.—(1) These rules may bd called the Kerala State- Commission for Protection of Child Rights Rules, 2012.
• (2) They shall come into force at once.
ikfiniuons.._!jn these rules, unless the context otherwise requires,-
(a) 'Act" means the Commissiore for Protection of Child Rights Act, 2005 (Central Act 4'of 2006);
- PRINTED AND PURLISHEI) BY THE SUPERINTENDENT OF OOVERNMI*IT PRESSES A ATTIIE GOVERNMEWT CITLkL PRESS. THIRUVANANTHAPURAM. 102:
33140221201 2/OW.
2
"Chairperson" means Chairperson of the Commission;
"Code" means the Code of Civil Procedure, 1908;
"Commission" means "the ICerala State Commission for Protection of Child Rights" constituted under Section 17 of the Commissions for Protection of Child Rights Act, 2905;
"Complaint" means all petitions or communications received by the Commission from a victim or any other person on his behalf, in person or by post or telegram or fax or by any other means whatsoever, alleging violation of child rights as defined in clause (b) of section 2 of the Act;
(0 "Division" means and includes different sections of the Administration Division, Complaints Division. Research Divisionnd such other) Division, in the Commission as may be constituted by the Chairperson;
"Division Bench" means a Bench consisting of two Members of the Commission or a Bench consisting of the Chairperson and one Member as may be constituted by the Chairperson;
"Form" means a form appended to these Rules;
"Full Bench" means a Bench consisting of the Chairperson and two Members of the Commission as may be constituted by the Chairperson;
"Government" means the Government of Kerala; N.
() "Member" means the Member of the Commission:
Q) "Registrar" means Registrar of the Commission
"Secretary" means the Secretary of the Commission;
"Section" means a section of the Act;
"Single Bench" means a Bench consisting of one Member of the Commission as constituted by the Chairperson;
"Zone" means and includes division of the State made by the Commission for administrative and functional convenience;
(2) Words and expressions used and not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act.
ChAPTER 2
PROCEDURE FOR APPOINIMENTAND TERMS AND CONDITIONS OF SERVICE OF CHA1RPERSONEMBERS - -
3. Eligibility fk,r Appointment.as Chairperson and Members.—(l) No person who has not attained the age of 35 years and has not possess ten years experience in the areas stated in clause (b) of sub-section (2) of section 17 of the
.
Act may be appointed as Chairperson or Member of the Commission.
• (2) No person having any past record of violation of human rights or child rights shall be eligible for appointment as Chairperson or Member of the Conimission.
No person having been convicted and sentenced for imprisonment of an offence which in the opinion of the Government involves moral turpitude, shall be eligible for appointment as Chairperson or Member of the Commission.
No person having been removed or dismissed from service of the Central Government or a State Government or a body or corporation owned or controlled by the Central Goverriment or a State Government shall be eligible for appointment as Chairperson or Member of the Commission.
The Chairperson or Member shall not be a Member, of Parliament or be a Member of Legislature of any State and shall not hold any office of trust or profit other than his office as Chairperson or Member. In case he carries on any buiness or practiCes any profession, he shall suspend as the case may be such business of practice before he assumes his office.
j4. Selection Procedure.--(l) The Chairperson and the Members of the
Commission shall be appoinied on the recommendation of a three Member Selection Committee constituted by the Government und'er the Chairmanship of the Minister of Social Welfare.
For the purposes of selection of the Chairperson and Members of the Commission, the Government shall invite applications from qualified candidates from the public through an advertisement in at least two leading national and Vernacular dailies. The Government shall prepare a short list from the applicationsso received. The short listed candidates shall be selected on merit and interview by the Selection Committee. Such selected candidates shall be recommended by the Selection C6rnmittee to the Government for appointment.
The selection procedure shall be fair and transparent.
The Selection Committee shall also prepare awaitlist of two persons for each of the posts. The wait list shall be valid for three months.
7.
ru .
5. Terms and Conditions of Service of Chairperson and Members. (I) The Commission shall hmction full time as an independent and autonomous body.
(2) The Chairperson shall, unless removed, from office under section 7, hold office for a period of three years, or till the age of sixty-five years, whichever is earlier.
(3) Every Member shall, unless removed from office under section 7. hold office for a period of three years, or till the age of sixty years, whichever is earlier.
(4) Notwithstanding anything contained in sub-rule (2) or sub-rule (3).
a person who has held the office of Chairperson shall be eligible for reappointment, and
a person who has held the office of a Member shall be eligible for reappointment as a Member or appointment as Chairperson:
Provided that a person who hasSan office of Chairperson or Member for two terms in any capacity shall not he eligible for reappointment as a Member aChairperson.
(5) If the Chairperson is unable to discharge his functions owing to -
illness or other incapacity, the Government shall nominate any other Member to - act as Chairperson and the Member so nominated shall hold office of Chairperson until the Chairperson resumes office or till the remainder of his term.
(6) The Chairperson or a Member may, by writing under his hand addressed to the Government, resign his office at any time.
(7) A vacancy caused by death, resignation or any other reason shall be filled-up within ninety days from the date of occurrence of such vacancy.
6. Secretaiy.--•-(l) The Secretary shall be appointed by the Government in accordance with sub-section (1) of section 21 of the Act.
(2) The Secretary shall hold office on full time and for a tenure of three
years or such extended period.
7. Terms and Conditions of Service of Officers and other employees of the Commission.---(l) The Government shall appoint such officers and employees as may be necessary for the efficient performance of the Commission.
(2) The terms and conditions of service of officers and employees shall be as specified in the Kerala Service Rules.
The officers.and employees of the Commission shall perform such duties as may be assigned to them by the Commission or the Secretary.
The category and number of employees of the Commission, method of appointment and scale of pay shall be as specified in Schedule HI olthese Rules and or as may be decided by the Government from time-to time.
8. Powers and Duties of the Secretary. -- The Secretary shall,-
have power to execute all decisions taken by the Comñiission in
Ile
order to carry out the powers and ftmctions of the Commission as provided in the sections 13 and 14 of the Act;
exercise and discharge such powers and perform such duties as are required for the proper administration of the affairs of the Commission and its day to day management as specified in section2l;//
convene the meetings of the Commission in consultation with the Chairperson and serve notices of the meetings to all concerned;
take steps to ensure that the quorum required for convening a meeting of Commission is secured;
prepare, in consultation with the Chairperson, the agenda for each mceting of the Commission and shall cause subthitted self-contained and brief, notes to the Chairperson and Members;
make available specific records covering the agenda items to the Commission for reference;
(vii)ensure that the agenda papers are circulated to the Members at least two clear& working days in advance of the meeting, except in cases when urgent attention is required;
(viii) prepare the minutes of the meetings of the Commission and execUte the decisions of the Commission taken in the meeting and shall also ensure placing the Action Taken Report of the decisions of the Commission before the Commission in its subsequent meetings;
() Ensure that procedure of the Commission is followed by it in transactions of its business;
(x) take up all such matters in consultation with the Commission with the Government for release of grants, creation of posts, revision of scales, procurement of vehicles, appointment of staff, laying of abnua'l and audit report in Legislative Assembly, re-appropriation of finds, residential accommodation, and any other matter requiring the approval of the State Government;
xi exercise such financial powers as are delegated to him by t c Chairperson on behalf of the Commission:
Provided that no expenditure on an item exceeding one lakh rupees at a time shall be incurred without the sanction of the Chairperson;
(xii) to be the appointing and disciplinary authority in respect of other officers and employees of the Commission.
(xiiO interact and liaison with concerned departments including Department of Social Welfare, Department of Education, Department of health and Family Welfare, Department of Local Self Government, Department of Home and other departments of the Government for carrying out the functions of the Commission under the Act. 44
9. Salaries and Allowances.---.(1) Chairpersonncmbers shall receive a fixed honorarium as allowances as prescribed by Government from time to time:
Provided that if the Chairperson or any other member is a retired - Government Servant, his pay has to be fixed as per rule 100-pan Ill KSRs.
The salary and allowances payable to. and the other terms and conditions of service of the Secretary and the other officers and other employees appointed for the purpose of the Commission shall be such as may he determined by the Government from time to time.
If the Chairperson or member is in the service of the Central Government or State Government his salary shall be regulated in accordance with the rules applicable to him.
10. Leave--The Chairperson and every other Member shall be entitled to leave rules as per Appendix VhI1-KSRs.
11. Leave Sanctioning Authority. -(I) The Government shall be the authority competent to sanction leave to the Chairperson.
The Chairperson shall be the authority competent to sanction leave to every Member and the Secretary.
The Secretary shall be the authority competent to sanction leave to any officer or other employee of the Commission.
12. Travelling allowance.---(l) The Chairperson and every other Member shall be entitled to thaw travelling allowances and daily allowances at the rates appropriate to their pay admissible to equivalent post in the State Government.
.1
7
(2) The Chairperson and every other Member shall be his own controlling officer in respect of his bills relating to travelling allowances and daily allowances.
Residential accomrnodation.---(l) The Chairperson and every other -Member shall be entitled to the useof-an official residence asmay be determined by the Government.
L (2) If the Chairperson or a Member is not provided with or does not
• avail himself of the accommodation provided under sub-rule (1), he shall be paid every month-house rent allowance at the rates, admissible to officers of an equivalent rank in the Government.
Facility for conveyance--The Chairperson and every other Member shall be entitled to the facilities of staff car for journeys for official and private purpose in accordance with the rules or orders of the Government, issued from - time to time in that behalf.
Facility for medical treatment. --- The Chairperson and every other Member shall be entitled to the medical treatment and hospital facilities as applicable to State Government servants of equivalent rank as provided in the State Service Rules.
Residuary Provisions--The condition of service of the Chairperson and the other Members of which no express provision has been made, in these Rules shall be such as may be determined by the Government.
. ,CHAniR 3
- FUNCTIONS
- • 17. Functions of the Commission.---- The Commission shall, in addition to the functions assigned to it under clauses (a) to U) of sub-section (1) of section 13, perform the following functions, namely:----
analyze existing law, policy and practice to assess compliance with Convention on the Rights of the Child, undertake inquiries and produce reports on any aspect of policy and practice affecting children and comment on proposed new legislation from a child rights perspective;
study State policies that impact -children and ensure that they comply with international child rights standards.
ii
present to the State Government, National Commission for t e Protection of Child Rights and other State Commissions annually and such other intervals, as the Commission may deem fit, reports upon the working of those
safeguards;
undertake formal investigations where concern has been expressed either by children themselves or by concerned person on their behalf;
ensure that the work of the Commission is directly informed by the vkws of children in order to reflect their priorities and perspectives;
(0 promote, respect and give 'serious consideration of the views of children in its work and in that of all Government Departments and Organizations dealing with child;
produce and disseminate information about child rights;
compile and analyze data on children;
promote the incorporation of child rights into the school curriculum, teachers training and training- of personnel dealing with children; -
refer cases and issues of national and inter-state importance to the National Commission for the Protection of Child Rights as and when required;
make regional visits and hold public meetings at least once in every year in all regions of the State;
- (I) call for Action Taken Reports on the recommendations made to various departments and authorities; -
- (m) review the plans and programmes of the Local Self Government and relevant Government departments from the child rights perspective and make appropriate recommendations. -
9
CHArrIR 4
1RANSACTION OF BUSINESS
18. Procedure for transaction ojhusiness-- -(l) The Commission shall ordinarily hold its meetings and sittingS at the headquartera located in ihiruvananthapuram during the first and last week of every month. However, the Commission may at the discretion ofthe Chairpasori hold its.rneetings and sittings at any other place in the State if it considerstrLit riecessary or expediedt to do so.
(2) The Commission may hold Camp Sittings at District Headquarters and at such other places in the State taking into consideration the exigencies of individual cases and in the interest of the general public.
* (3)r The Chairperson may, of his bwn accord or as required by -any Member of the Commission. order special meetings of the Commission to be convened at any convenient place, to consider any specific matter of urgency.
Notwithstanding anything contained in sub-rules (I), (2),and (3), Secretary shall convene an extraordinary meeting of the Commission on the requisition made to the Secretary in writing for the purpose by majority of the Members of the Commission.
The Commission shall meet it regular intervals for the purpose of disposing of complaints.
The Commission or some Members may transact busthess at pladès outside its headquarters as and when çreviously approved by the Chairperson, provided that if parties are to be heard in, connection with any inquiry under the Act, at least two Members shall function as a bench of the Commission for such purpose.
•(7) [he Commission shall normally have its regular sittings on all working .days of every month, excepting Saturdays and other Public holidays. The Chairpersdn may, however either suo jfiotu or at the request of one or more members, direct a special sitting to be convened to consider any matter of urgency.
The Secretary, along with such officers as
(ii) The Secretary shall, in consultation - with the Chairperson, prepare the agenda for each meeting of the Commission and shall have notes prepared by the Secretary and- such notes shall, as far as possible, be self-contained;
3314022/20I2IDTP. 5o\wC.pv\ltJ
.10 Of
The records covering the agenda items shall be made readily available to the Commission for its reference;
The agenda papers shall ordinarily he circulated to Memhers at least two clear working days in advance of the meeting, except in cases where urgent attention is required;
(9) More than half of the members appointed to the Commission including Chairperson shall form the quorum at every meeting of the Commission;
(10) All decisions of the Commission at its meeting shall be taken by majority:
Provided that in the ease of equality of votes, the Chairperson, or in his absence, the person presiding shall have and exercise a second or a casting vote;
(11) (i) The Commission may invite, if it is considered necessary, for such purposes and on such conditions as may be prescribed, any person or person with expert knowledge in the particular subject coming up before the Commission for its disposal to be present at the meeting to assist the Commission in arriving at a decision but such person shall not he entitled to vote.
Every expert, if he is not in service of the Central or State Government or in an institution funded by the Central or State Government, shall be paid a sitting fee Z 500 (Rupees five hundred only) for attendance of each day of the meeting of the Commission subject to a maximum of Z1500 (Rupees one thousand five hundred only) per month.
Every expert, if he is not in service of the Central or State Government or in an institution funded by the Central or State Government, attending a meeting of the Commission shall be paid, in addition to the sitting fee payable under sub-rule clause (ii) travelling allowance and daily allowance at the rates admissible to the First Grade Officer under the rules and orders made by the State Government from time to time.
(12) If, for any reason, the Chairperson is unable to attend the meeting of the Commission, any Member chosen by the Members present from amongst themselves at the meeting shall preside.
19. Officers to attend the mengsJlTSecretTy and other fitt 'officers of the Commisii1T6 required by the Chairperson_shall attend the meefingsofthison.
11
• 20. Office Hours--The working hours of the office shall be from 10 am. to
1 p.m. in the fore-noon session and from 2 p.m. to 5 p.m. in the afternoon
session or such other hours as notified by the Commission from time to time.
7ones.---(1) There shall be three zones in the State for facilitating the
functioning of the Commission as indicated below: -
Northern Zone---The Districts of Kasargod, Kannur, Kozhikode,
Malappuram, Palakkad and Wayanad. -
Central Zone----The Districts of ThrSsur, Ernakulam. Kottayam and Idukki.
• Southern Zone- --The Districts of Alappuzha, Kollam, Pathanamthitta and
Thiruvananthauram. - - -
(2) One Member as authoriscd by the Commission shall be in charge
• of a zone.• The Chairperson may, taking into consideration the administrative and
functional convenience re-allocate a particular district or districts already placed
under one Member to another.
Notice of rneetingi---( I) At least seven clear days notice of all -
meetings of the Commission shall be given to each Member, but an extraordinary
meeting may be called for on a twenty-four hour notice. -
- (2) The notice shall state the venue, date, time and the agenda for the
meeting. -
- 23. Minutes of the meeting.-- -( I) The minutes of each meeting of the
Commission shall be recorded during the meeting itself or immediately thereafter
by the Secretary or by any other officer of the Commission as directed.
The minutes of the meeting of the -Commission shall be submitted
to the Chairperson for approval, and upon approval, be circulated to all
Members of the Commission at the earliest and in any case sufficiently -before the
commencement of the next meeting.
The conclusions of the Commission in every matter undertaken by
it shall be recorded in the form of an opinion and dissenthig opinions, if given,
shall also foim part of and be kept on record. Action shall be taken on the basis
of majority opinion where there is any difference of opinion.
• - (4) All ordecs and decisions of the Commission shall be authepticated
by the Secretary or anyi other officer of the Commission duly authorized by the
Secretary with the prior approval of the Chairperson in this behalf.
12
Unless specially authorized, no action shall be taken by to Secretary of the Commission on the minutes of the meetings until the Chairperson confirms the same.
A master copy of the record of all meetings and opinions of the Commission shall be maintained duly authenticated by the Secretary.
A copy of the minutes pertaining to each item shall be kept in the respective files for appropriate action. Opinions shall be kept in respective records and for convenience, copies thereof with appropriate indexing shall be kept in guard files.
Report of Action Taken--Report of the follow up action shall be submitted by the Secretary to the Commission at every subsequent meeting • indicating therein the present stage of action taken on each item, on which the Commission had taken any decision in any of its earlier meetings, excepi in the items on which no further action is called for.
CIIAPFER 5
PRELIMINARY ACtION ON RJiClil PT 01: COMPLAINI'S
Language of Complaints.---Complaint may be made to the Commission in Malayalam or in English or in any of the languages included in the Eighth Schedule of the Constitution of India. however, when complaints are made in any language other than in Malayalam or in English, translated version of the complaints either in Malayalam or in English shall also be furnished.
No fee shall be chargeable on complaints.
Every complaint should disclose a complete picture of the matter complained of and disclose the name and address of the respondent. The Commission may, if it considers necessary.
call for further relevant information from the complainant;
direct the complainant to file affidavit/s in support of the complaint;
obtain sworn statements of the complainant; and -
(statement of the complainant byuin Ct 'mmission for that purpose or by any other means considered necessary.
13.
*28.. Complaints not ordinarily maintainable.—l'he Commission may dismiss in limine the complaints of the following nature:
Illegible;
vague or anonymous or pseudonymous;
trivial or frivolous; tt14J
issues qe4ates to civil disputes, service matters, labour or industrial disputes; -
e) allegationsj_do not raise any violation of child rights;
(Q matter is sub judice before .a Court or Tribunal;
matter is covered by a judicial verdict or decision of the National or State Commission;
where complaint is only a copy of the petition addressed to some other authority; -
where the petition has not signed or where the originl petition is not sent to the Commission;
U) where matter is outside the purview of the Commission or on any other ground.
CiiAvriR 6
RECEIPI'S AND DISBURSEMENT OF TAPAL
Tapal, by whatsoever mode received )addressed, to the Commission, its hairmS Members or Officers of the C6iimission. either by name or by
•dignation shall be received by the designated officer in the office of the CommiAsion.
Note:---Thoe commuflications which are addressed by name to the Chairperson, Members and other officers of the Commission shall be noted in separate 'Transit' Registers and delivered, forthwith to the designated official and acknowledgement of receipt shall be obtained in the Register.
Unless otherwise directed, petitions or Communications received by the Chairperson, Members.nd other Officers of the Commission when marked to each division shall be dealt with as prescribed in the Rules.
14
31. The Tapal shall be opened in the presence of the Section Ofr in charge of Receipt and Despatch Section who shall get the samt_oUfl Section wise and diarised in a register containing particulars, such as date of receipt, Diary No., sender's name and address and transmitted under acknowledgement to the concerned petition sections and to the respective heads of the other divisions. Separate lransmission Registers shall he maintained for each section in the Law Division as well as in other divisions.
32. Distribution and disbursement of 7'apaL (1) The designated official shall submit the tapal to the Section Officer in charge of the Administrative division who shall get the i'apal sorted out division-wise. lhere shall be a Tapal Register maintained for each division. After the tapal is sorted division-wise each item in the tapal shall be numbered consecutively with the number being duplicaied in the Tapal register also. Particulars such as date of receipt, sender's name and address outside number, if any, tapal number assigned, shall be recorded in an "Inward Register" maintained by the designated official. The tapal shall then be delivered with the lapal register to the division concerned. The Section Officer/Officer-in-charge of the division shall allot the tapal in accordance with the approved distribution of work and the acknowledgements of tapal received in the tapal register by the Assistants/ officials concerned. Each Assistant in the divisions shall maintain a Personal Register in which the current tapal received by the Assistant shall be registered.
(2) The papers received by tapal or otherwise in the office shall broadly fall tinder three categories; namely:
i) those relating to complaints regarding violation of child rights;
those relating to administrative matters;
those relating to miscellaneous matters.
33. Scrutiny of Complaints.—(1) Immediately on receipt of tapal relating to complaints regarding violation of child rights, the Section Officer in the Administrative Division shall forward the. saijie to the Court Officer/Section Officer who shall sort out the new complaints, register them in the Child Rights Miscellaneous Petition Register maintained in the section and allot them to the Assistants concerned in accordance with the distribution of work. The Assistant, shall submit each Child Rights Miscellaneous Petition duly filled in to the Register and the Registrar shall place the case file before the Member concerneeaianas the case may be.
.
15
(2) Complaints and other communications relating to violation of child i4ghts requiring urgent attention shall, however, be placed by the Section Officer before the Registrar who shall cause it to be placed immediately before the Member available for appropriate orders.
If a petiiion./complaint is dismissed in lintine by the Commission, the matter shall be treated as closed. In such cases, an intimation regarding the fact of disposal shall be given to the petitioner/complainant if it is so ordered by the Commission.
Where the Commission finds that a cothplaint is not maintainable by it, but that it requires action by an authority other than the Commission, it shall be forwarded to that authority on the orders of the Commission.
Registration.-- A common register called the Child Rights Petition Regisier shall be maintained by the Section Officer. Every complaint or petition received in the section shall be entered in the Register in the order in which it is received in the tapal. Particulars such as, the current number, date of receipt, the nature of complaint or petition, name of the complainant or petitioner, the date of occurrence name of District in which the alleged violation has occurred, name pf the respondent, if any, etc.. - shall be recorded in the register.
(2) Records relating to each complaint shall be kept. in a separate file cover, specifically printed for the purpose, and arranged chronologically in the following order, namely:-----
index in Form No.
order sheet in Form No. - - brief particulars of the complaint
- (iv) Complaint or petition with Annexures if any. - - • (3) The Assitant concerned shall, after arranging the file in the anner prescribed in clause sub-rule (2) above, submit it to the Registrar for
placing before the Commission. -
- (4) All complaints newly registered shall be placed before the Bench concerned for preliminary consideration as expeditiously as possible but not later than 15 days from the date of its receipt.
• (5). Complaints requiring urgent consideration shall be placed before the Commission as far as-pbssiblc within 24 hours of its receipt.
- 37. (1) Upon deciding to entertain a -complaint the bench concerned may direct whether the matter should be set down for inquiry by the Commission or be,investigated by some other agency. -
16
(2) In case of complaints which are not dismissed in limine and decision is taken by the Bench concerned to hold an inquiry, the Registrar shall call for such reports from the Government or any other authority or organizations subordinate thereto as may be directed by the Commission. The time within which reports should be ffirnished to the Commission shall also be specified.
The Commissipn as a whole or Members individually or collectively may undertake visits to any place in the State for an on the spot study of facts relating to matters brought before it and when such visits are made a report thereon shall be prepared and kept as record.
Constitution of Benches.--(l) Subject to such special or general orders of the Chairperson, all complaints shall be dealt with by a Single Bench of the Commission. If the Single Bench dealing with the case, having due regard to the nature and importance of the issues involved, is of the opinion, that the ease should be considered by a Division or a Full Bench, the Single Bench may refer the ease to the Chairperson who may constitute a Division Bench or Full Bench, as the case may be, and refer the case to the Bench so constituted.
(2) When a case is referred to a Division Bench/Full Bench, the Section Officer concerned shall have the requisite number of copies of the case file prepared for the use of all Members in the Bench.
C1iAPrlR 7
PREPARATION OF CAUSE 1151, SUMMONS, EXAMINATION 01: WITNESSES AND REPORT
Preparation of Cause List.-- Cause list shall be prepared listing the cases under the following heads, namely:- -
(a) Preliminary inquiry:
Petitions--the entertainability of which is under consideration:
Petitions—relating to which-the need for a preliminary inquiry either by the Commission or by any other agency is to be considered.
(b) Inquiry: All cases in which preliminary inquiry has been compleled and orders have been passed admitting it to the file for recording evidence of the parties and to hear their arguments shall be included in this category.
(c) Final Orders: Cases in which recording of evidence and hearing of parties have been completed. - -
17
(d) Follow up action: Cases in which orders have been pased after inquiry requesting the Government or other authorities to offer their comments and particulars regarding the action taken by them consequent thereto.
41. Posting of Cases.--(l) Cause list of each Bench shall be prepared in accordahce with the allocation of districts among the Members of the Commission;
The cause list and the files relating to the cases listed therein shall be submitted to the l3enéh concerned two days prior to the date appointedfor hearing.
The Bench shallindicate thecase or cases to be posted for each . day and the cause list shall be prepared accordingly.
42. Preliminary Examinaiion/InvestigatiOh:--(l) If a complaint after consideration is dismissed the said order shall be comthunicatcd to the complainant concerned and the case shall then be treated as closed. -
If on consideratipn of the bomplaint or after taking cognizance of a matter suo mo/u. the commission orders issue of a notice to the State Government or to any authority or organization subordinate thereto, a -notice signed by the Registrar shall be issued to the State Government or authority or organizationconeerned. Such notice shall be accompanied by a copy of the complaint or a description of the matter suO motu taken cognizance of.
If no time is fixed by the Commission for return of the notice or Furnishing of the information or report, the time shall be thirty days from the date of service of the notice: -
If the information or report called for under clause (2) above is not received within the time allbwed, or if it is received late, or if the information or report received is not complete in any respect, the case shall be submitted to the Bench for further orders or directions.
43. Recording of Order.--( I) Ordinarily short orders of the Commission shall be recorded in the order sheet. Orders which are lengthy shall be recorded on separate sheet and appended to the Qrder sheet or kept separately. The Bench concerned shall make necessary entry in the releVant column of the order sheet mentioning the page number, date of order, etc.
(2) In cases whçte urgent action is required to be taken pursuant to the order /proceeding issued by the Commission, the Bench Assistant concerned shall forthwith send the file to the Registrar. The Registrar shall then give suitable instructions with regard to the mode of conimunication i.e. by Telephone/Fax/Speed Postrlblegram etc. and transmit records.
31f4022201 2/DTP.
18
(3) Other witnesses on the side of the petitioner/petitioners shall be examined as PW2, PW3 etc.
4) (i) the evidence of the respondent or respondents shalt then be taken up by examining if necessary the sole respondent or respondent No. I or any of the respondents as RWl and documents produced on his/her behalf shall be marked serially as Exhibits RI, R2, R3 etc.
(ii) Other witnesses on the side of the respondent/respondents shall be examined as RW2, RW3 etc.
The Bench may, in its discretion, examine as witness any person other than the petitioner or petitioners, respondent or respondents and persons cited by them as witnesses and the persons so examined shall be CWI, CW2 etc. in the order in which they are examined and the documents produced by them shall be marked as Exhibit Cl, Ext. C2 etc.
Nothing mentioned in this Rules shall he regarded as a bar for the Bench in examining first the petitioner or petitioners, the respondent or respondents or witnesses, as the ease may be.
The petitioner or petitioners and respondent or respondents shall be at liberty to cross-examine or refrain from cross-examining the witnesses produced by other parties provided that no child shall he directly cross-examined.
Every affidavit shall be drawn up in the first person and shall be divided into paragraphs numbered consecutively. Each paragraph, as nearly as may be shall contain a distinct portion of the subject matter. The affidavit shall also state the ff11 name, age, description and abode of the deponent and shall be signed in ff11 or be marked with his thumb impression.
After the close of inquiry a formal order culminating in the disposal of the complaint shall be pronounded by the Bench after giving both the petitioner or petitioners and the respondent or respondents an opportunity of being heard.
A copy of such order shall be furnished to the pctitioner/ respondent free of cost.
44. Forms specified by the Commission under these Rules shall be used for the respective purposes therein mentioned with such variations as the particular circumstances of each case may require.
19
Communication of Recommendations--In cases where the inquiry results in any recommendation to the Government or any other authority or organisation subordinate thereto a copy of the report thereon shall be forwarded to the Government or the authority or organisation subordinate thereto as the
case may be within 20 days from the date of the order and the Governmentor
authority shall be required to forward its comments on the report inlcuding the
action taken or proposed to be taken thereon to the Commission within a period of one month or such further time as the Commission may allow.
Application for copies. - -(I) Any person who desires to obtain a copy of any proceeding or document filed in or in the custody of the Commission may present an application with the name of the applicant, his j'osition in the
-proceeding or the way in which he is interested in the proceeding and the
description of the document of which the copy is required.
(2) Copies may be granted only under orders of the Bench concerned and on payment of the actual cost for taking such copies. -
Orders after disposal--When orders are passed by the Commission after inquiry under section 14 of the Act the Registrar shall cause to:
prepare a list of such cases in which orders are passed:
publish the lit so prepared on the notice board of the Commission on the first working day of every month;
make available to the library of the Commission two sets of inquiry
• report together with comments of the Government or authority concerned, if any,
and the action taken or proposed to be taken by the Government or-authority concerned on the recommendations of the Commission; -
send simultaneously free 64' cost a copy each of the documents referred to in clause (c) above to the complainant or to his representative;
(e) keep the original order in each case permanently in the record section of the office along with the order sheet. -
20
Ci1AireR 8
FINANCIAL POWERS AND PREPARM1ON OF BUDGET
The Commission shall spend the sums of money received by. it for the purposes of its functioning.
The Chairperson shall have all powers relating to financial transaction of the Commission, except in cases, which require prior approval of the State Government.
The Chairperson shall obtain prior approval of the State Government in matters of creation of posts, revision of pay scales, procurement of vehicles, reappropriation of finds from one head to another, permitting any officer of the Commission to participate in Seminars, conferences or training programmes abroad and such other matters determined by the State Government, by order.
The Chairperson shall, subject to such conditions and limitations and control and supervision. have powers to delegate his financial powers to any Member or the Secretary:
Provided that no such powers shall be delegated in respect of incurring an expenditure on an item cxceedmg one /akh rupees at a time without the prior approval of the Chairperson.
The Chairperson shall have powers to engage any person or persons as consultant or consultants for a specific purpose and for a specific period on the terms and conditions agreed in advance relating to honorarium, travelling allowance and dearness allowance.
The Secretary shall have powers to execute all decisions taken by the Chairperson or any other Member on his behalf relating to financial matters.
All financial powers of the Commission shall be governed by the General Financial Rules, delegation of financial powers. rules and instructions. issued by the Finance Department of the State Government in this regard from time to time.
The forms in which the budget may he prepared and provided and forwarded to the State Government shall be as provided in Forms 1, Il. III: and IV of Schedule I and Schedule II.
The estimated receipts and expenditure shall be accompanied by the revised budget estimates for the relevant financial year.
The budget shall, as far as may be. be based on the account heads specified in Schedule II.
21
ChAPtER 9
MISCELLANEOUS
- 58. Mode of communic(t(in -Unless otherwise directed, all communications from the Commission shall be sent by registered post.
Consignment of records---Records of all cases finally disposed of shall be transmitted to the Section Officer of the Petition Section who will be in charge of the records. lie shall make necessary entries in the register in a manner decided by the Commission.
Preparation of statements.----The Registrar shall cause to prepare such weekly, monthly, quarterly, half-yearly or yearly statements/returns/reports in such Form as may be specified by the Commission from time to time.
The Registrar shall review periodically the allocation of work in the petition section to ensure equitable distribution of work in each division of that section.
Annual and Special Reports. --(I) The Commission shall furnish its annual report for the period commencing from 1st April of every year to the 31st of March of the succeeding year to the State Government as provided in section 23 of the Act.
A draft of the report shall be prepared in the petition section before the 31st of March every year and be presented before the Commission for approval. l'he original report shall be signed by the Chairperson and Members of the Commission and three copies of the report duly authenticated shall be sent to the State Government by the end of April every year.
The Commission may furnish such special reports on specific matters as may be considered necessary as per section 23 of the Act under the direction of the Chatrperson.
The Government shall cause the annual and special reports of the Commission to be laid as per ub-section(2) of section 23 of the Act within a period of one year from the date of receipt of such report. -
The Government as the case may be concerned, shall cause the annual and special reports of the Commission to be laid, before the State legislature, as the case may be, along with a memorandum of action taken or proposed to be taken on the recommendations of the Commission and the reasons for non-acceptance of the recommendations, if any within a period of one year from the date of receipt of such report.
22
The annual report shall include information on administrative • financial matters, complaints investigated/inquired into; action taken on cases; details of research; reviews; education and promotion efforts; consultations; details and specific recommendations of the Commissioo on any matter, besides any other matter that the Commission may consider warranting inclusion in the report;
In case the Commission considers that thcre could be a time lag for the preparation of the annual report, it may prepare and submit a special report to the State Government. The annual report shall be submitted within three months of submitting the special report.
The Commission shall place the annual report on the Commission's website.
Printing of Reports--The office of the Commission shall be responsible for the printing of the annual report with utmost expedition and in any case not later than one month of the finalisation of the report.
Panel of consultants.--.--(1) The Commission may constitute a panel of consultants for assisting the Commission in wide range of tasks including such as investigation, inquiry, to serve on task forces or Committees, for study. research and analysis.
The Commission may draw on experts from academic; research administrative, investigative, legal or civil society groups to form the panel.
The Commission may devise a transparent process of empanelling these consultants so that they are available for quick delegation of tasks.
St
SCHEDULE I
FORM—I
KERALA STATE COMMISSION FOR PROTECTION OF cHILD RIGHTS
ADMINISTRATION (Expenditure)
Detailed Budget Estimates for the year 20
(See RuleD 5 -
0
rfl
2 o —
— OC
0 0
.9. .9z -.. 00 S to
234 5 6 7 8 9 10 11 12
L.a
10
FORM--Il
KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGFITS
ESTABLISHMENT
Statement details of provisions for pay of Officers/Establishment for the year 20.....20.... (See RuleG 5
2 3 4 5 6 7
Name and Reference Sanctioned pay Amount of Increment falling due Total Remarks
Designation to page of of the Post provisions within the year provision
estimate for the year for the - - -
form - - at the rate in
column Date of
increment
Rate of
inbrement
Amount
of
year i.e.
total
Minimum! increment columns
4 &5 Maximum
Actual Pay of
the person
- concerned due
on 1st April
next year -
(b) (c) 3(c) () . (h)
N) a
'33 0)
M N)
0
0
o FORM—III
KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS
NOMINAL ROLLS (See Ruleja 5
Name and
Designation ay
Dearness
Allowance
Compensatory
(city)
Allowance
House
Rent Allowance
Over time
allowance
- Children
Educational
Allowance
Leave
Travel
Concession
Other
Allowances -
T 0th
2 3 4 5 6 7 8 9- 10
Total H H
tN)
FORM-- -TV
KERAIA STATE COMMISSION FOR PROTECTION OF CFHLD RJGFI1'S
(Abstract of Nominal Rolls)
(See RuIe55
Actual Particulars Sanctioned budget Bevised Estimates Budget Explanation sanctioned of posts rant 20.... 20 20.....20 Estimates for the strength as 20.....20 difference on March 1, between
20 sanctioned budget, revised estimates and
budget estimates
No. of Pay and No. of Pay and No. of Pay and posts allowa- posts allowa- posts ailowa-
included aces included nces included nces
2 3 4 5 6 7 8 9
1. Officer
Posts .
filled
Posts vacant
Total (1) Officers
I
iei
. I
I
-3
28
SctIF:DtJI.I II
I3UDGET AND ACCOUNT HEADS
(See RuleW)
ADMINISTRATION
heads of Accounts (Expenditure)
1. Salaries
2. Wages
3. Travel Expenses
4. Office Expenses
Furniture
Postage
Office machines/equipment
Liveries
hot and cold weather charges
Telephones
Electricity and water charges
Stationery
(0 Printing
Staff car and other vehicles
Other Items . •
5. ee md l'lonorarium
6. Payment for professional and special services
7. Rents, rates and taxes/royalty -
8. Publications '
9. Advertising sales and publicity expenses
• 29
10. Grant-in-aid/ContributiOns! Subsidies.
1.1.. Hospitality.expenses sumptuary
• : allowances dtc.
12 Pensions/Gratuities
13 Write off/losses
14YSt%eiThe
15 Other charges (a residuary head . thiswilhalsoinc1ude rewards and 1;
.............
Head of Accounlfs (Receipts)
PaymentS by Central Gdvthtment
Other receipts •
• H H'.
El
30
ScniDulE Ill
SThFIT0 BE APPOINTED TO THE COMMISSION
[See Rule 7 (4)]
St Category No.o[
Post Method of
Appointment I Scale of pay
(1) (2) (3) (4) (5)
Registrar 1 By deputation from the As applicable to category of Additional the corresponding Secretary to Government, categories in the Law Department, State Subordinate Secretariat service subjebt to
changes in Pay Revision Orders
2 Administrative I By deputation from Officer the category of Joint
Secretary to Government, General Administration Department, Secretariat
3 Finance Officer I By deputation from thç category of Joint Secretary to Government, Finance Department, Secretariat
4 Section Officer 4 By deputation from or Senior the category of Section Superintendent! Officer, General Court Officer Administration
Department, Law Department or similar category of Officers
5 Accountant I By deputation from • the category of
Accountant, Finance
I I Department, Secretariat
S
31
2) (3) 4) (5)
6 Public Relations I By deputation from the As applicable to Officer category of PRO, from the corrcäponding
the Information and categories in the Public Relations State Subordinate Department, General service subject to Administration, changes in Pay Secretariat Revision Orders
7 Assistant 2 By deputation from the category of I 'egal
• Assistant Grade-Il of the Law Department or similar category of Officers from the Judicial Ministerial Service or from any other Subordinate Services of Government
8 Clerk cum 7 By deputation from Computer the category of Typists Data Entry Grade-Il in the Gbveniment Operator Secretariat or from
similar category of Officers in any other Subordinate Service
9 Driver 2 By deputation from • the category of Driver
in the Subordinate - Service
10 pnsJ 3 By deputation from - the category of Peons
in the Subordinate Service
II Part-time I In the manner provided Sweeper in the Kerala Part-time
-
• Contingent Service Rules.
By order of the Goyernor,
Dr. K. M. ABRAHAM,
PrincipiI Secretary to Government.
32
Explanatory Note
(This does not form part of the notification, but it is intended to indicate its general purport.)
Section 36 of the Commissions for Protection of Child Rights Act, 2005 (c:entral Act No. 4 of 2006) empowers the State Government to make rules to carry out the provisions of the Act.. it is proposed to issue the rules accordingly.
3, This notification is intended to achieve the above purpose.
.,
S
/
/
• THE COMMISSIONS FOR PROTECTION OF
CHILD RIGHTSBThL, 2O°5 H
(As PASSED BY THE HOUSES OF PARLIAMEN'
Loic SABHA ON THE 21ST DEcEMBER, 2005
RAJYA S,xinA ON THE 22ND DEcEMBER, 2005)
r ASSENTED TO
I ON2OTHJAN.2006
LAa NO * 4OF2006 -
j - ThE©MM1SSIONSFORPROTECt]ONOFCH1LDRJGHTSRÜ25
( ARRANGEMENT OFCLAUSE$-r
.1 - CHAPTER 1
• C, PREUMINARY
JttO. I. Short title, extent and commencement.
( 2. Definitions.
- CHAPTER II
: - THE NATIONAL COMMISSIONfOR PRO1tCTION OF CHILD RIGHTS
:3. Constitut ion of Nat joint Coñunission for Protection of Child Rights.
Appointment of Chairperson and Members. Term of office and conditions of seMce of Chairperson and Members.
6. . SalalyandalowancesofChairpersonandMemben 7.. Removal from office. . . / .
. & Vacation of office byChairperson or Member. . 9.. Vacancies, etc., not-to invalidate proceedings of Commission. 10. Procedure for transaction of businesé. II. Meniber-Secretary, officersandotheremployeesofComjnissian 11 Sàlariei and allowances to - he paid out of grants.
CHAFFERIU
Fu?JcTzoNs AND POWERS OF THE COMMISSION 13. . Functions of Commission.
. . 14. Powers relating to inquiries.
Steps after iniiiry.
1 - Annual and special reports of Commission. .
-
. . •- . CHAPTERIV
-. (1 • •- . . - . STATE COMMISSIONS FOR PROTECTION OF CHILD RIGHTS
• . Constitution of State Commission for-Protection of Child Rights.
t • .18. Appointment of Chaiiperson and other Members. 19. Term of office and conditions of seririce -of Chairperson andMembers. 20; . Salary and allowances of Chairperson and Mmbers. 21. Secretary, officers and other employees of the State Commission.
. fl. SaIies and allowances to beaid out of grants. Annual and special reports of State Commission.
Application of certain provisions relating to National Commission for Protection
. ufChild Rights to State Commissions;
CHAPTER V CHILDREN's COURTS
Children's Courts. . . Special Public Prosecutor. .
0* • . .
C
•
(i9
CHAPTER VI
FINANCE, ACCOUNTS AND AUDIT
CLAUSES -
Grants by Central Government.
Grants by State Governments
Accounts and audit of Commission.
Accounts and audit of State Commission,
CHAPTER VII MISCELLANEOUS
316 Protection of action taken in good faith.
.32. Chairperson, Members and other(fficers to be public servant. 0 33. Directions by Central Goveiment.
Returns or information. 11
Power of Central Government to make rules.
Power of State Government to make rules.
Power to remove difficulties.
a - I
p.
9 Ii
- -
Bill No.63-F q2OOr
THE COMMISSIONS FOR PROTECTION OF CHILD RIGHTaBII±1 2905
(As PASSED BY THE HOUSES oflZ'RLIAMENT)
A 47
10
to provide for theconstitution of a National Commission and State Commissions for Protection ofChild Rights and Children Courtsfor providing speedy trial ofoffences against children or of violation of child rights andfor matters connected therewith
• or incidental thereto.
Wumt&s India participated in the United Nations (UN) General Assembly Summit in 1990, which adopteti Declaration on Survival, Protection and Developmenfof Children;
• AND Wi*RM5 India has also acceded to the Convention on the Rights of the Child (CRC) onthè llthDecember, 1992;
AND WI EREAS CRC is an international treaty that inakesit incumbent upon the signatory States to take all necessary steps to protect children's rights enumerated in the Conventioñ;
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 ChildrIn, 2003;
AND WHEREAS the UN General Assembly Special Session on Children held in May, 2002 adopted an Outcome Document titled "A World Fjt for Children" containing the goals, objectives, strategies and activities to be undeitaken by the member countries for the current decade;
AND WHEREAS it is expedient to enact a law relating to children to give effect to the - poiiies adopted bythe Governhient in this regard, standafds prescribed in the CRC, and all other relevant international instruments; - -
'do1"
Short titic, extent and conunancennent
Definitions.
Constitution of National Commission for Protection of Child Rights.
BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. fflmisAcimay be called the Commissions for Protection of Child Rights Act, 2005.
It extends to the whole of India except the State of Jammu and Kashmir.
it shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,— -
"Chairperson" means the Chairperson Of the Commission or of the State Commission, as the case may be;
"child rights" includes the children's rights adopted in the United Nations convention on the Rights of the Child on the 20th November, 1989 and ratified by the Government of India on the 11th December, 1992;
"Commission" means the National Commission for Protection of Child Rights '
constituted under section 3;
(ci) "Member" means a Member of the Commission or of the State Commission, as the case may be, and includes the Chairperson; - -
(e) "notification" means a notification published in the OfficiatGazette;
(/) "prescribed" means prescribed by rules made under this Act;
(g) "State Commission" means a State Commission for Protection ofChild Rights constituted under section 17.
CHAFFER B
THE NATIONAL COMMISSION lOR PaomclioN OF CHILD Rioics
3. (J)The Central (Ibvemment shall, b? notification, constitute a body to be known as
the NationalCommission for Protection ofChild Rights to exercise the powers conferred on, , ¶ and to perform the functions assigned to it, under this Act. -
(2) The Commission shall consist of the following Members, namely
a Chairperson who is a person of eminence and has done outstanding work for profttoting the welfare of children; and . I
six Members, out of which at least two shall be women, from the following rn
fields, to be appointed by the Central Government from amongst persons of eminence, ability, integrity, standing and experience in, -
(0 education; -
(it) qhild health, care, welfare or child development;
(II:) juvenilejustice or care of neglected ormarginalized children or children with disabilities;
(iv) eliminution of child labour or children in distress; .
(t') child psychology or sociology; and
(vi) laws relating to children. ' V (3) The office of the Commission shall be at Delhi. )
/ /
3
4. The Central Government shall, by notification, appoint the Chairperson and other• Appointment
Members: - of Chairperson
Prsivided that the Chairperson shall bô appointed on the recommendation of a three • and Members.
member Selection Committee constituted by the Central Government underthe Chairmanship of the Minister in-charge of the Ministry of Human Resource Development.
- 5. (1) The Chairperson and every Member shall hold office as such for a term of three Term of
years from the date on which he assumes office: office and • - conditions of
• Provided that no Chairperson or a Member shall hold the office for more than two terms: service of -
Chairperson Provided further that no Chairperson or any other Member shall hold office as such and Members.
after he has attained-
(a) in the case of the Chairperson, the age of sixty-five years; and
(b) in the case of a Member, the age of sixty yearS.
(2) The Chairperson or a Member may, by writing under his hand addressed to the Central -Government, resign his office at any time.
• The salary and allowances payable to, and other terms and conditions of service of, Salaiy and
'the 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 tenns and conditions of and Members.
service ofthe chairperson or a Member, as the case maybe, shall be varied to his disadvantage after his appointment. . . . . .
(1) Subject to the provisions- of sub-section (2), the Chairperson may be removed Removal fromhis office by an order ofthe Central Government on the ground ofproved misbehaviour from office.
or incapacity.
• (2) 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, -
• (a) is adjudged an insolvent; or
p •. (b) engages during his term of office in any paid employment outside the duties of his office; or
(c) refuses to act or becomes incapable of acting; or
. ( is of un&ound mind and stands so declared by a competent court; or - -
. - (e) has so abused his office as to render his continuance in office detrimental to
the public interest; Or
a (I) is convicted and sentenced to imprisonment for an ofl'encewhich in the opinion of the Central Government involves moral turpitude; or
•• (g) is, without obtaining leave of absence from the Commission, absent from three consecutive meetings of the COmmiss ion.
(3) No person shall be removed under this section until that person has been given an •opportühity of being heard in the matter. -
• - 8. (1) If the Chairperson or, as the case may be, a Member,— - Vacation of
- -- - • . office-by • becomes subject to any of the disqualifications mentioned in section 7; or Chairperson
- . •• or MeMber. tenders his resignation unIer sub-section (2) of section 5,
his seatshall thereupon become vacant. - - - -
.1.- 4L
4
(2) If a casual vacancy occurs in the office ofthe Chairperson or a Member, whether by reason of his death, resignation or otherwise, such vacancy shall be filled within a period of ninety days by making afresh appointment in accordance with the provisions of section 4 and the person so appointedshall hold office for the remainder ofthe term ofoffice for which the Chairperson, or a Member, as the case may be, in whose place he is so appointed would have held that office.
Vacancies, 9. No act or proceeding of the Commission shall be invalid merely by reason of- cc., not to - - invalidate proceedings (a) any vacancy in, or any defeét in the constitution of, the Commission; or of Commission. (b) any defect in the appointment of a. person as the Chairperson or a
Member; or
(c) any irregularity in the procedure of the Commission not affecting the merits of thecase.
Procedure for 10. (fl The Commission shall meet regularly at its office at such time as the Chairpenon transaction of Thinks fit, but three months shall not intervene between its last and the next meeting. busroess.
All decisions at a meeting shalt be taken by majority:
Provided that in the case of equality of votes, the Chairperson, or in his absence the person presiding, shall have and exercise a second or casting vote.
if for any reason, the Chairperson, is unable to attend the meeting of the Commission, any Member chosen by-the Memberi present from amongst themselves at the meeting, shall preside. . .
The Commission shall observe sithh rules of procedure in the transaction of its business at a meeting, including the quorum at such meeting, as may be prescribed by the Central Government
(5)All orders and decisionsdf the Commission shall beauthentiated by the Member-Secretary or any other officer of the Commission duly authorised by Member-Secretary in this behalf.
Member- - 11. (1) The Central Government shall, by notification, appoint an officer not below Secretary, the rank of the Joint Secretay or the Additional Secretary to the Government of India as-a officas and Member-Secretary of the Commission and shall make available to the Commission such other Sployees ot other officers and employees as may be necessazyfor the efficient performance of its functions. Commissioà. -
(2) The Member-Secretary shall be responsible for the proper administration of the affairs of the ComMission and its day-to-day management and shall exercise and discharge such other powers and perform such other duties as may be prescribed by the Central Governmcnt.
• (3) The salary and allowances payable to, and the other terms and conditions of service ofthe Member-Secretary, other officers and employees, appointed for the purpose of the Commission shall be such as may be prescribed by the Central Government.
Salaries and 12. The salaries and allowances payable to the Chairpersqn and Members and the allowances to adminisfrative expenses, including salaries, allowances and pensions payable to the Member-
01g of Secretary, other officers and employees referrea to in section 11,-shall be paid out of the grants referred to in sub-section (1) of section 27
-J
F)
I
¶
E.Wril a.
S
5
CHAPTER ifi
FuNctioNs AND POWERS OF THE COMM!SS1ON
13. (1) The Commission shall perform all or any ofthe following fimctions, liamely:— Functions of Commission.
examine and review the safeguards provided by or under any law for the time being in force for the protection of child.rights and recommend rnëasurés for their effective implementation;
present to the Central Government, annually and at sucicother interva!s, as the Comm!ssion may deem fit, reports upon the working of-thbse safeguards;
• ••
inquire into violation of child rights and recommend initiation of proceedings
Jt - in such cases;
! (
examine all factors that inhibit.thç enjoyment of rights of children affected by
- terrorism, communal violence, riots, natural disaster, domestic violence, H!V/AIDS, trafficking maltreatment,-t&ture and exploitation, pornography and prostitution and recdmmend appropriate remedial measures;
(e) look into the matters relating to children in need of special care and protection including children in distress, marginalized and disadvantaged children, children in conflict with law, juveniles, children without family and children of prisoners and reconmiend appropriate remedial measures;
4 H I I (0 study treaties and other iniernational instruments and undertake periodical
review of existing policies, programmes and other activities on child rights and make recommendations fortheir effective implementation in the best interest of children;
• (g) undertake and promote research in the field of child rights;
• (/i) spread child rights literacy amOng various sections ofthe society and promote • •. ! awareness of the safeguards ayailable for protection of these rights through
jpublications, the media, seminars and other available means;
(0 inspect or cause to be inspected any juvenile custodial home, or any other place of residence or institution, meant for èhildren, Under the control of the Central Government or any State Government or any other authority, includinginy institution run by a social organisation; where children are detained or lodged for the purpose of treatment, reformation or .prqtection and take up with these authorities for remedial
• action, if found necessary;
j •f . (/) inquire into complaints and take suo moW notice of matters relating to,-
(0 deprivation and violation of child rights;
3 (II) non-implementation of laws providing for protection and development
of children;
(i) non-compliance of policy decisions, guidelines or instructions aimed at.iuitigating hardships to and ensuring welfare of the children and to provide
•
relief to such children,
dr take up the issues arising out of such matters with appropriate authorities; and
. (k) such other functions as it may consider necessary for the promotion of child
.
rights and any other matter -incidental to the above functions.
(2) The Commission shall not inquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force.
14. (1) The Commission shall, while inquiring into any matter referred to in clause (j) of. Powers
sub-section (1) of section 13 have all the powers of a civil court trying a suit under the Code relating to
5 of 1908. iTUhiiiflt of Civil Procedure, 1908 and, in particular, in respect ofthe following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him
onoath; .
)
(1') discovery and production of any document;
I.
receiving evidence on affidavits;
requisitioning any public record or copy thereof from any court or office; and
(c) issuing commissions for the examination of witnesses or documents.
(2) The Commission shall have the power to forward any case to a Magistrate having
jurisdiction to try the same and the Magistrate to whom anysuch case IS forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973. 2 of 1974.
Steps after 15. The Commission maytake any of the following steps upon the completion of an inquiry, inquiry held under this Act,namely :-
(1) where the inquiry discloses, the Commission of violation of child rights of a serious nature or contravention of provisions of any law for the time being in force, it may recommend to the concerned Government or authpritythe initiation of proceedings for prosecution or such other action as the Commission may deem fit against the - concerned person or persons;
(ii) approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary
(ii,) recommend to the concerned Government or authority for the grant of such ' interm relief to the victim orthe members ofhis lmily as the Commission mayconsider necessary. - -
Annual anI 16. (1) The Commission shall submit an annual report to the Cenual Government and - sPecial
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. -
The Central Government and the State Government concerned, as the case may be, shall cause the annual and special reports ofthe Commission to be laid before each House of Parliament or the State Legislature respectively, as the case may be, alongwith a memorandum of action takenor proposed to be taken on the recommendations of the Commission and the easons for non-acceptance of the recommendations, if any, within a period ofone year from
the date of receipt of such report.
The annual report shall be prepared in such foun, manner and contain such details
as may be prescribed by the Central Government. ¶
IOU f.! j u El bY1
STATE CoMMissioNs FOR PROTECTION OF CHILD Rioirrs -
Constitution 17. (1) A State Government may constitute a body to be known as the ..........(name of of StatC the State) Commission for Protection of Child Rights to exercise the powers conferred upon, Commission and to perform the functions assigned to, a State Commission under this Chapter. for Protecti;of (2) The State Commission shall consist of the following Members, namely: -
• - (a) a Chairperson who is a person of eminence and has done outstanding work for promoting the welfare of children; and
(14 six Members, out of whi:h at least two shall be women, from the following fields, to be appointed by the State Government from amongst persons of eminence, ability; integrity, standing and experience in,-
(1) education;
(ii) child health, care, welfare or child development;
-(ill) juvenilejustice or care ofneglected or marginalized children or children
with disabilities;
elimination of child labour or children in distress;
child psychology or sociology; and
laws relating to children.
(3) The headquarter of the State Commission shall be at such plaôe as the State Government may, by notification,specif'.
The State Government shall, by notification, appoint the Chairperson and other Appointment Members: of
- - Chairpersfl Provided.that the Chairperson shall be appointed on the recommendation of a three and other
Member'SelectionCommittee'constituted by the State Government under the Chairmanship Members. of the'Minister in-charge of the Department dealiñgwith children.
(1) The Chairperson and every Member shall hold office as such for a term ofthzee Term of years from the date on which he assumes offiàe: office and
conditions of Provided.thatno Chairperson or aMember shaj hold the office for more thantwo terms: service of
Provided further that no Chairperson or any other Member shall hold office as such 7 et:rs after he has attained-
• " (a) in the case of Chairperson, the age of sixty-five years; and
(b) in the case of a Member, the age of sixty years.
(2)The Chairperson or a Member may, by writing under his, hand addressed to the State Government, resignhis office at any time.
The salaries 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 State Governn*nt:
Providedthat neither the salafy"and allowances nor the other terms ánd.conditions of service of the Chairperson or a Member, as the case maybe, shall be varied to his disadvantage after his appointment.
(1) The State Government shall, by notification, appoint an offlcer not below the rank of the Secretary to the State Government as the Secretary of the State Commission and shall make available to the State Commission such other officers and employees as may be necessary for the efficient performance of its functions.
P (2) The Seôretary shall be rOspbnsible for the proper administration ofthe affairs of the State Commission and its day-to-day management and shall ekercise and discharge such other powers and pe'rfortñ such other duties as ma be prescribed by the State Government.
(3) The salary and allowances payable to, and the other terms and conditions of service ofthe Secretary, other officers and employees, appointed for the purpose ofthe State
• Commission shall be such as may be prescribed by the State Government
The salaries and allowances payable to the Chairperson and Members and the administrative expenses, including salaries, allowances and pensions payabl to the Secretary, other officers and employees referred to in section 21, shall be paid Out of the grants referred to in sub-section , (1) of section 28.
(1) The State Commission shall, submit an annual report to the .$tate 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 oftheannual report.
(2)The State Government shall cause all the reporis referred S in sub-section (1) 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 Hóüie along with a 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 annualreport shall be prepared insuch form, manner and 'contain such details as may be prescribed, by the State Government.
Salary and allowances of Chairpórson and Membcrs
Secretary, officers and other employees of the State Commission.
Salaries and atlowancis to be paid out of grants.
Annual and, special reports of State Commission.
-AT
Application The provisions of sections 7,8,9, 10, sub-section (1) of section 13 and sections 14 of certain and 15 shall apply to a State Commission and shall have effect, subjectio the following provisions relating to modIfications, namely:- National Commission • (a) references to "Commission" shall be construed as references to "State for Commission"; Protection of Child Rights (6) references to "Central Government" shall be construed as references to to State "State Government"; and - Commissions.
(c) references to "Member-Secretary" shall be construed as references to "Secretary". - -
CHAPTER V a
- Crutoaei's COURTS
Children's For the purpose ofproviding speedy trial ofoffences against children or of violation Courts. of child rights, the State Government%ay, with the concurrence of the Chief Justice of the
High Court, by notification, speci' at least a court in the State or speci&, for each district, a Court of Sessionto be a Children's Court to try the said offences:
Pros'ided that nothing in this section shall apply if-
(a) a Court of Session is already specified as a special court; or
- (6)a special court is already constituted,
for such offences under any other law.for the time being in force.
Special Public For every Children's Court, the State Government shall, by notification, specifr a Prosecutor. Public Prosecutor or appoint an advocate who has been in practice as an advocate for not
less than seven years, as a Special Public Pros cutor for the purpose of conducting cases in that Court.
CHAPTER VI
FINANCE, ACCOUNTS AND AUDIT
Grants by (1) The Central Gàvernment shall, after due appropriation made by Parliament by ¶
Central law in this behalf, pay to the Commission by way of grants such sums of money as the Government. Central Government may think fit for being utilised for the purposes of this Act.
(2) The Commission may spend such sums of money as it thinks fit for performing the functions under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1).
Grants by (1) The State Government shall, after due appropriation made by Legislature by law State in thisbehalf, pay to theState Commission by way of grants such sums of money as the State Governments. Government may think fit for being utilised for the purposes of this Act.
(2) The State Commission may spend such'sums of money as it thinks fit for performing the functions under Chapter III of this Act, and such sums shall be treated as expenditure p;ayable out of the grants referred to in sub-section (1).
Accounts and (1) The Commission shall maintain proper accounts and other relevant records and audit of prepare an annual statement of accounts in such form, as may be preicribed by the Central Commission.
• 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 incufred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General:
The Comptroller andAuditor-General and any person appointed by him in connection
with the audit bfihe accounts of the Commission under this Act shall, have the same rights and privileges and the authority in connection with such audit as the Comptroller and
Auditor-General generally has in connection with the audit of Government accounts and, in
particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the
Commission..
The accounts of the Commission as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report
thereon shall be forwarded annually to the Central Government by the Commission and the Central Government shall cause the audit report to be laid, as soon as may be after it is
received, before each House of Parliament.
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 cànsultation with the Comptroller and Auditor-General of In4ia.
'shall be audited by the Comptroller and The accounts of the State Commission 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 State Commission to the Comptroller
and Auditor-General.
The Comptroller an d Auditor-General and any person appointed by him in connection
with the audit of the accounts of the State Commission under this Act shall, have the same rights and privileges and the authority in connection with such audit as the Comptroller and
- . Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to dema d the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the State
Cémmission.
(4Tiie accountsofthe'Státe Commission as certified by the Comptroller and Auditor-
General or,any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annuallyto the State Government by the State Commission and the State Government shall cause the audit report to be laid, as soon as may be after it is
received, before the State Legislature.
CHAPTER VII
.. MISCELLANEOUS
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 whici is in good flith done or intended to, be done,in pursuance of this Act or of any rules made thereundel or in respect of the publication by or undet the authority of the Central Government, State
Govjrnment, Commision, or the State Commission of any report or paper.
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
45 of 1860. deemed to bea public servantwithin the meaning of section 21 of the Indian Penal Code.
Accounts and audit of State Commission.
Protection of action taken in good faith.
Chairperson, Members and other officers to be public servant.
33. (1) 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.
(2) If any dispute arises between the 'Central Government and the Commission as to • whether a question is or is not aquestion of policy relating to national purposes, the decision
of the Central Government thereon shall' be final.
Directions by Central Government.
10
Returns or 34. The Commission shall furnish to the Central Government such returns or other information. iMormation with respect to its activities as the Central Government may, from time to time,
require.
Power of 35. (1) The Central Government may, by notification, make rules to carry out the Central provisions of this Act. Government to make rules. (2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:-
terms and conditions of service of the Chairperson and Members of the Commission and their salaries and allowances under section 6;
the procedure to be followed by the Commission in the transaction of its
business at a meeting under sub-section (4) of section 10;
the powers and duties which may be exercised and performed by the Member-Secretary of the Commission under sub-section (2) of section 11;
the salary and allowances.and other terms and conditions of service of officers and other employees of the Commission under sub-section (3) of section 11;
and
form of the statement of accounts and other records to be prepared by the
Commission under sub-section (1) of section 29..
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it' is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.
Power of 36. (1) The State Government may, by notification, make rules to càny out the provisions State of this Act. Government to make rules. (2) In particUlar, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:-
terms and conditions of service of the Chairperson and Members of the State Commission and their salaries and allowances under section 20;
the procedure to be followed by the State Commission in the transaction of
its business at a meeting under sub-section (4) of section 10 read with section 24;
the powers and duties which may be exercised and performed by the Secretary
of1the State Commission under sub-section (2) pf section 21;
the salary and allowances and other terms and conditions of service of officers and other employees of the State Comntission under sub-section (3) of
section 21; and
• (e) form of the statement of accounts and other records to be prepared by the
State Commission under sub-section (1) of section 30.
(3) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such State Legislature consists of one House, before that House.
1'
a -
I 11
I-- 3 1.(I) if any difficulty arises in giving effect to the provisions of this Act, the Central Power to
Go
4, -vernment may, - by, order published iii the Official Gazette, make, such provisions, not
J inconsistent with theprovisions' of this Act, as may appear to be necessary for removing the difficulties,
diffi culty:
Provided that no order shall be made under this section after the expiry of the -eriod of two years from the date of commeñcëmeñt 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 ofParlianient.
Is
/
I,
C
a
/ BRI.
to provide for t$'e constitution of a National Commission and State Commissions for Protecti9h ofChild Rights and Children's Courts for pràviding speedy.trial ofoffènces againstjthildren or of violation of child rights and for matters connected therewith or incifiental thereto.
(As passed by the Houses of Parliament)
MGIPMRND-5079RS(S-3)--24.01 .2006.
Bill No.
4< THE COMMISSIONS FOR PROTECTIQN OF
CHILD RIGHTS (AMENDMENT) $WJOO6
Fe , (As PASSED BY THE H9S1SERLNT-
LOK SAm-IA ON 1 3m DECEMBER, 2006 -
. RAJYA SAm-IA ON 14m DECEMBER, 2006)
ASSENTED TO
• ON 29 DECEMBETR, 2006 -
ACT No. 4 OF 2007
11
.1
/ I
S. I
• ot '2006 - C
- / THE COMMISSIONS FOR PROTECTION OF CHILD RTGHTS
H (AIvffiND?vENT)O6
• - (As PASSED BY THE HousEs op PARliAMENT) -
• - to amend the Commissions for Protection of Child Rights Act, 2005.
SE it enacted by Parliament in the Fifty-seventh Year of the Republic Of india as follows:— -
• 1. ThisAct may be called the Commissions for Protection of ChildR.ights (Amendment) Short title •
- Act,- 2006. .
2. In the Commissions for Protection of Child Rights Act, 2005, in the pioviso to Amendment section 4, for the words "Minister in-charge of the Ministry of Human Resource Development't, the woids "Minister in-charge oftheMinistry or the Departmentucif Womeb 2006.
- and Child Development" shall be substituted. .. •.
V
T H
-
j
- i
I
it
nIoeIaniacMIb6mc4 ndlflu(n24%(6 (fljs94 2005
(200e-60 4-00 mmi
(2010 6)rcL6flJQJ(01 9-0o cm1cnxfl (b1piailpi1øcm cnico,aøo)
t
THE COMMISSIONS FOR THE PROTECTION OF CHILD RIGHTS ACT, 2005
- (ACT No. 4 QF 2006)
(As on 9th Februaiy, 2010)
I -
nJl2J :4001nJ
© 1tth)fl5 m 8aQ31cn1cnrne1 c.thc m)6a034 cn)lLr.we nMjøo
ii1M
2010. 6)a0 16flJ20J01 9-0o (o)1G2)CW1 (t12JOJ12J1WCrT) iJo(O; 2005-6)eJ 6flI0J00Ob6T(3(f 1e,athlnqjcn2ce,cj3 cfloç (2006-ei 4-00 (m&7)-61 øeJosm5I6eJ
wleo1,0j000 v nJ(m1rj1CO8 (tlThST31fiø1o6cm. 2010 n4hnJlcO8 30-Do 11t1j CGfl(fliOWobGm @00(U) wauç X1-00 200Th 1-00 )JcO,n, 1-00 flJOeJo, 6-3o mcnjooajl 2 15 M@00= nJJ06m3108 L26 LnJCm1oD1i10teocrn2.
DID - aliw1a,oa5ke, nJOl@0n91, CUIW1€thDafl6, nJ006131308 (e€e,tn OilIYQ16m3US) ctno3 1973-61 2:00
oi&,o (a,) usn5wo (mam30- )01 oo sc.sA (Thwlo06)Qjs(umThD) LnJcA,000 crna6m3G)m [ lula,& la3czaj3 mao <m a'p1c Ju)om1m1QeJ aww1o,ocô1a,
OO210'DfløYO)lco,o 6ThJ.
OR 6)cth. om5lo3, @00(ö) (flX 3cB6)0 ( 16l 6)(m(€0401.
PREFACE
This Edition of the Cornniissions for Protection of Child Rights Act, 2005 (Act. 4 of 2006) as on 9th February, 2010 contains the authoritative text of that Act in Malayalam which was published in the Gazette of India Extraordinary Part XI, Section I, Vol. 1, No. 6 dated 30th April, 2010 on pages 2 to 15.
This authorised translation was published under the authority of the President under clause (a) of section 2 of the Authoritative Texts (Central Laws) Act, 1973 and on such publication it became the authoritative text of that Act in Malayalam.
V. K. BI-JAsIN,
Secretaty to the Government of India. -
3/12641201 !IDTh
I.
'9
'U
611fl2J00J&,3q09fl3(13 CTUoø &3air&1CDcOA$8 2005
(20o6-eJ 4-00 oxutit cm)
CnJ
1
S
I
Ye
1. ecpo on5co$1©o
a ailc8cNsirnanc$8
6OJOeJO)J&,0U06m3U3 aDowo16)ao1maan1 anciolcw aathlr&161 (DnJnJco8&6)Ø6mo
CGt6X0 0W 6)SGo mlcwzcno
6mJcn0cn)6x)0 oW36)So &,O2J0QJW1Q)o
6.. 8CCfl)6iQo a1moW6Ul36)9©o flJOio
01330wcmmflø8. cn1mo Col&oo 6ThJ'Co8
cmaowaac c(33wmth8m1cn)2o
631oJa(r8 a(mejo,oj amlrm6)cl msnJs1a,6)
10: mfiaDlmcn5nj m mDa LDsnjoslmj@@ msnJslla,a3o
aaDlr816i 6)aKTTh8-6)m)1a40l10 @CB3WOtfløo aiç
alnJcmesowo
u°2Q 6ThwTahe,o cwoc18aikn)ao m m
eaffalnalGi ($3
(ffibCO)Jrt16flQJbJ3(06fl&,6) Cfl)o6T)J(TW1 (øThW1,0tb6ffT3Q3
(mcmjraj6mafl ~j o(D6mdwj cuon6dogo (T)SnJSlcO,U8
e,om%316x1 nn8raj1o,njo c a,oiao, 010jo8sa,u3
6nJoaoaja,0cm6m308
(Wo(flhtJO(fl a3amlc8161
- TD 6iQo )Roo) 16)S10 mluDawno
30 m060Ao (UThoW6fl36)SW)o 6DCB30a,
a3aoajw1co,o aanmjmoe,
QnihTO6io 1boW136)SW)0 (JO(flJQJo
(TOo(TU000) thWZilraiG)t Q10 c30wmoøo
uthJ(meeQcbo
2
2
2
3
3
3
3
4
4
4
5
5
5
7
7
7
8
8
9
9
9
V
(/b(flJQJ2o 6fl7D)&o LW3C1(Mn*Tflo cnmaim
9
(fl)o(TU030) aaal(tGi nioc818114%ojo LnJC)1QO 9
olcjo8ao8
6nJoeJ3nJaocgi n)o 6mflncw6B1co) (13U0 10
£,2ZlrAl6)(T) Cfl)o6flJ(flj)1 J1ei QJyIJ(TUDaUB
ffooauaom a,aa1r&1cno 6O(Dâ,Z36)6Eflffl -
caos(i)lauB
10
Cfl3QnJr&13 aJEQJ& C&tJ3n1)ie,$
10
c(a3ae3(1maeJ LWO(t16(Jo
11
(ThoffiiO3(r) eo@1moei iworaaS
11
'ft
29. .th 1 rA161 fl&Q 1B.tho fljU)192o
•71
(fl)o(ThflO(T) cthmlctSl fl QV6T€thØo QJ%(U)lçflo
11
LD ()znfluoJomjco n)smu) ms€js1ae2 12
m)omaas6mo -
6afl14CaJm)6flflo mboW6T3o Zç QCfl3W(flUDtbo 12
niGQJo. (TtOG3cnA&&6)6)2im5
12
n10me,u8 aroeçJalaiB nu1nio 12
aJ6W3U8 oajom Q&,LO3mM86)3&Q(
13
n163o8 LD6Tl33a@jOJocnjM (TUoCTUnOCT) mñcS6)3(16X 13
aro(D1ao(Do
6)6)flJr&j6m3UB- mlaeo omig2mam (mwljb000 14
S .
3/1264/11.
2005-00 6flJ3ei3flJa3,b6fl3(,3
aamtwn1au5 cinsç (2006-6)0 4-33 (ThflI(
[2006 saW2CIJØ1 20]
moejooja,ouus cruo(DomØyo)1cnaoJ1 eø occml, a,galra1cno
(ruocruoom QlnBffl2oao cO QØ16)ØQ) 9%)36UT3
Qscw,o njoejo m.xuu(Dallnjoøn,
s1ww)cmø)Ia5 a1a,es c&oscoia,o onjnjø3ae1
arna1mo MnJaD20001 w6)çJW53 mm1a5 It-
MTq)Mjn%lO(nl&,GM3 (&1$fl) .a3w6m3oaeaocnJ6m1
nJnjcn10 6mJcomu)1m1
6301
&aes cmaaal sal cucrnmo)lm2o cn)ooe.m cm1cn afla cru mam)1 mao
LnJQJ3nJ0)o (mboW1&,o1 1990-6)W Ong)acDor&s (.n008.) omGcnes LDOMMOO
(MGMZ@MMMIM8 eoomo sawro)1Øco)1cn3eJ2o;
1992 (U)1(fl)o6flJ(8 11-00 cml©1 6nj3Wo ounmaflcgcmthj2 scnis1 (ml. ca%c8. (ml.) @OcWmOJlo (UThowlaøl©lmoej o
S. m(=1m8 §2mo 09614 nJOQUrb)1 &,1a6)9 CThQJth,3(/0I3U3
c31IOJUD4(bO O)J° (flSnJSt&,o ng)secm(mla (cJ()lmlU)lth3rBiLS6M6) .BS(b6)çJS2ø1U)l© . cml. o8. cml. aoøocs smsl cw&)oeJao;
• dhj5l-%LB9@S 0(e6(fl36)9 (Y000cO,816n)o OçJQJO T)acYD(th1cfl3©l o1a,u86)3Q,l
• (fl)(8&90(8 Wm91WIma32J(mu)3l øS&Qo cO3201nJ$1(a 6ICfl)3€fl5 2003-6)QJ &,1au3ae morasm)co8 aio 8016i (ETboWlaOoo ng)anW)lmoei2o;
ms GcTha(uW)lcpcnjGnl wDowmosa6DT3a(3 n0 &oorjos6n QQQUBo aa6n3o
(MLQU)6)6rnJBC6W, 613o LnIOJdMMM6tn3@g0 (3øS6UT32(TD " 1au8€a65 cInbcn2 c(D0 sa 2)0'W aWoao" ng)cm cil c3s.e3sla) 6301 nJtdlErflW) OOQJ 2002 (2ZQ3 2)3CrO(U7)1(Ø8 &,2g1(D) 6)n9, (Darts 0(M1(fl)@m6)$ uO0J6fllQ) LnJQ0)4th cn)caacno Tflbowla,&2(a)l maeilo;
cml. smc8. cml. mlaF3 ml ThlSl a)3cns6nYcu)6m313 Q)6)9J3 Lnicmaearn (lflbcm)303cLS LnJO06m6m@10301 6)JODG)qjg (fl)(8&Q3C8 boWl&5Q mcm6mu3cad (nJ€OQJo
m08anW)lmon9 &,1th,6) (mo6flJcflDl&Qfl) 6302 T)l(D)2)(D26r83&Ol(m( ceø)Ul3©W)lfl)32J20;
0300) 01qj61l&O164 (ummJcm)l(D)aoao cn)o TDocmml(o8 (MOOT nJOQ)o (pJaDOo (t)lZo 6fT33&0110l&Qacm2_.
3/1264/2011/DIP.
2
cmaupcoo I
ala,
2 ø&6)GrJø0 okIDnJcuik2) o LcUOøOa0J0.(1) 2005-00 ET)JDPJ3QJcDDU06?I30
m)o(o&1aolflo6 1nicnauS QW1i&ç nQ)ff15 cThJth nJO)DQJ1CmCG)D61Th
(2) tflw)1c15 -aouSailS momnom ow16ca, sDøOo CDPQOJG5aiçonm1
GnDcfl)1øaQ(fl)aBD6fl. -
(s) Qth ca,icn mó&QDB, vcn0w1ce wau1m8, oj1rarn0J(ooQJwl, O]Uafl)l cB6)D
aicm 0)) CG)1D(0)1c01(3 oJocmcb)DGtt.
2. mi fl6m3US.— m&1Z, moeo nhlwairmlaS U6)çj
SDUnJoc
(a) "a&Zni(fl)Gflñ" Q)CIDD(S 1CZD OtoCfllflDCT) &10c2D, 1)3)
(fl)oWlCnJD62i, CnJ(fl)6fl caTh&mOøD&cfl); 0
(6)4 11 6flJDGJDQJcthDU06CT3U " 04)(MCO)lø8 1989 CflClJoGflJ(8 20-00 cmlaxml njDejDDuba3TcDl
.cgcyjc3 6)n)aODn9S fl)C22) Do floQ)10jø)O 1992 CWlCTtoGflJ(S 11 -00 (0)1PRU)1 @D(b(UX1D(S&G)D(3
mi1D1øtth&ptDD) a,&6)S GJnQ DU6iZr3@o uZGjscnD1;
(w) "n31nJoñ" ng)CDD(S 3-Do Octh1P1C8 - OflJWScO6)(61cOG)G)ç5 EWD2JDQJaD&061fl3(J8
cm0 o,3J1a6 ffncGflcnOE1cn) cocm1cn) a,Mfmnia3 toacm;
- ('Qi) "UJTboW0" nQ)CtDD(OS 1CQ)D (ThoCrUflDCT) & 1n3i6iC)D, (Tö(Th(ö) (fl)o(JMU)l
CnJD6)2J, 63OoCOo n Ua1D&Cfl)(D)0, 3CnJPm)6fl3 u3sdcmc5D&C1D
(cr3) "OJ16W)DnJCD0" o)CI1)D(3 3VC(3 . 00ilcO, nçhS cn-icm1au1cel 630 n€1mDnJrn0
(nJ) "D11cOQ6)5 n)01)DQi3 D 1c1coS BD$Q115 ,J63I3@DW3
cnh1&Q6J 0 nDcm;
(.ø) "Cfl)Cfl.)flDcD cthathlnaJOZ" Q)cm3c8 17-00 1C1th1W1ø6 S&Q&&Q6kcj 4
6DJOJDQDU6313U3 63O (fl)ocfl)flDCT) &,aVlnJ(13 n O2DcO'01).
0 fl(DDfl)o II
6fl13S13CThth3CTh6?U3(13 O oø.thlll€O6)2fl lDCW6fl'hJ)2 CB(nohj) aQTh1n!Hfl V
3. GDJDSJD (ThD (fb6Y3CJ fltoOcffi9ll a 01)(0)1(DCQJGfl1 CBCTh1) a,1n916)C
8ca&ncmo.—(t) L03(fl)D& Qi16T)DnJm0 ciiwl, - 6T)JDSJDQJB,9(/b6tfl3(JS m00&9dla6)cm
cm1n,caJ6n1 c2l3csb1) cEbQQhln&I(YZ o1n)6)1jsm) 63(b cTfl&,Dcao 'D cia1w1cS mcm1m
cw1a,006nu8 nikiji n)Dcñ1aocmcoi1mo jm(meia,(3 a c o1ceQCYThm1Cflo C)JGfI1,
anJnJa3Sa6) (?fl 66)G11)D 6ff.
(2) a1ndC1iI(8 006)WOD)Q1) (tJTh0UD6313U3 cBmsGm31)1ø oc)cn4c5)D6m, (UThcö)D)r-
(&) &,1cth6)S Ca9J23O m 1nIau1S(TThD)1cflCflJ6T1l 1(ThCQDD1 LOJOJ(&rl
cc qomocn) 630DU3 C6fl)o -
(czj) 1c13cmc3a6)0(8 w)D 0jocm c usice,lG5S, aL&oraOUDcfl)o cO,W1QJo
(ThJ@DCUI3D(3(U9\QJO nJBflJ10 (wmgr9oje6MOMQJ2M2@M flJ\cD©1&,lCGS CthCrD,o cmc% (BToW6m36)
m1ailcGVB(mo, mC)1(6 a,c)61mmc) (b6fl3 c (o1eio fl1a,DtY1&Q D6TTC
3
(1) nflno@ootnJo;
ro1ub •møowo, nJø'lw, Oblcmcsce3qja o ç.ja1S oilacn.xi*]io;
m1ae jco no 1ai8ao1ceejaco)o (Mayo scjo
O,6)5a 6nJ0QJafl(D)] (Tb6ja]3 nic61øcezicoio;
monsy- a,65 n2(b1a06mn1o;
Q1uQ 2xDuD3(fl5(5)o(mb6)a]w3 oto,rfle, utom3ccmoio;
mosmcytu]ceQcyn m1ymij30.
(3) aMlrioj@j aucjocp3 wu8an1
i. mowgQs0 nfl€imonjcnooji, 29 ThoW6T36)J)o fl1166)6fl)o6p5:
'[nm1 -u1 1cao icaao cmuil6icffJ)o aiqxoej nw1aecm iCIuflJ D)6)S Th,9Jc1w3 cho,c (6&G)o&mo(66 ø2rUQJ(3a9(b1 02(mow tumsnj
1ns l01n8Q JVm)øm) nlYan3t0m5
5. c3ow1 oow10 Qm flflJCflMJcO0—(1) cnm0 oaøo moci8 aaouxmu)1m3 [nJc()JcTh1 O(5)]
awxS cm m1ejay1c8 Pcolowo oo1aa6)6nco)oGn5.
r4)(Tfl3* -U(96MO 63oWC3 Ø611 (0)nJGmmlcoZ offilSIMA 2C33Wo oMolaeoaZ
n)Cm OLWa, cnaemo a3ep6)c)a1eJo aimowcaIo, (mIn)OcJ8a65,-
(€e) crosx m)ocncflaJflczs3 mo m1ajiwj
(C)j) 63(oW(mu16)c UDoW()1cflfl(3 cmoruØ Jwo, UnJo an (fl12JcD)1(3 c2(3OWo QJnOl&6)30 nJOS)J.
(2) nn Wm)c26mo 63(b0 W(Om)1cQ,o noo)2 crumamgo aamfl)&6)oØp Cfl)oeGflJD Wa) J)6)ca,36rT (fl)JOThc, 6)692jsfl)1o3 nyccofl 3wozjlcø3 m1cmo øo1njaja@3 oJcrpcu)o6th.
n)ecaJo oWm36)saj0 Ubolj @ OJ20 GQo.— jnj6r0
(Ulb0U)6i313U3c96)o mw8ca6m ThJOJO 6ruCoim0,099antnim Ol6flJOWOc%0 QnJO(Dlcth2o ca,cc13 CRR8aQ0C010)po3
6)sI cflJ)3 6300W (mb$161afl)3 UflJ@OJc, GlB&o a3Th(M6),1w3 002 wn.oim n16mcrtucnce,o oJDW1tho, ncmw) Cfl)o(n()lcnJo6)2j, cnq)o6)s micaomcm)1m C(mnalo cmaaJ)oo3865 WO3c) Qh1w(Tm1(m3 QOçflfl13CtS
anpu)oTa)1o8 CO1QT)o ml&6m 6)aJ8.—(1) (2)-Qo nJflJcthj16)eJnipjau-ndbu8ad
ni1cwoo1 liflaejg nmm16)sccx2)o 011odam26,sacno ao0mczyrocu3 0an3 gD&WOONT5 630 (mTh 0 QJOJP1JCnJm6)6m (?iflcD)O6)S &Bpcnamlm5 m1cmo cnte@&
(2) (1)-Do oj1a3 n)a m&xm cmbs61331©1cbcmoeJ0, Ccth[03 cn8eoo1a, pjg 96M)a1eio a3ThoWaOO,-
(a,) m1cwci6xpcn5 nflwlaøjsanio; .
(Cu) cmcr anxi 63vgoufla, a maJnu&e65 nj200 -uçcm qaleio QD2J1(W1(O8
2006-6)ej oisri1aji injcno,q8 (c2encncml) aw*eç (2007-6ei 4-0o (flCflJ( (mø-6i 2-Do [nJ&,D0o nJ0o CnJ(8(ThV)05.
ni
(w) Ln in-ionS njia 1&Q&,*fl1D LnJnJ(3(m)1ae2oJonZ [flioJco)1cn)1çJo(u)oal
(ne.i) 1 gbzsnD G)c0,'D0 63O 2cth0S(1 cmbLnJaDcbo
(en) iimou8 a(30wtDTDTh3 cmsømø'S o&MmlO5 ..nDmtthOQ0&oOhlW0
umco06)S ac30wo mcnJ& 0 øD a
(ai) aaçn eQ0&6i cgø&,J0©(mm1øZ fflØçQ3(3(1&,0WnJ()mo C,569JSCfl) 63(01
amu$1C6 miconimo ç S&@o oisnilth uo1&aJ1eQ6)j e,000;
(aib) aWIilnWT)lCOi Q)1ODO (M(T)I(ZY)1 2Jt1&Q06X) e1nJ64 sth0fl) (TT)
owi18
oeina1co8 atDQ6fl60 flQmQ) ac &xu,m,1pio cmboW6)(Tm6)0,
TbW© (fl)0W(3)160J06)Pj, cmmønJ1nSI, Q6BDWøT)l(S mlm)20 ml&Qo Dwamo)D6fl.. S
(3) LDT )D6x00(D06)o €oøm1ø8 wou3abi niooJD(T)(th
aow1&Q0@m0ø00 cTx3a2(flW)OJ6)ø WlcSG)o QaiflJ0OS niDS(J•
9. QnW (GNOCDCZD QCCSDWØTG$1(oZ cn1cmo SU)ø)rK1) 6mn6nJ!(fl)66Tfl0,
M(MM)l (fl)oCfl()l6flJ06)2J, 63Ø flTboW60c
(a) 7-00 jl3 niO6y&2 nffJQW)&GIO nrb63W)&6)a nJ1c8wm0Wl
(ai) 5-Do aJaj (2)-Do aa 1c.00 mouZ øo1 aic3cj1&Qa&CO
Qâ)D6)6Tfl83I* (?JTb(ZT)10860* (aTbQ)06)S CrU.OD(O(TC) fl3D&flø0.
(2) flGIflo, øa1 (t4To6)W,1d Zg2tJlW aoo 6g308 o 1(fl) 6)* 0 a
aTIboWøm)16i6)0 6 6B\D'1 nom(mmb8 0(3 j1cth20W 630 311O1 g cthCrflnJo9O, (UTb6W3
6)M (nl@g63 10qdi 4-00 nJ&,6)QJ nijciIaUDaQôthQ (ma)9crpSm)MDMA900626 &OiCfl)&QOGJD()JW1
aeao niwThxY ahlQflWo ms(um)1 m1aacmmacnao, :W2 m1D3mCØ1)&QD66n)O
m1DffimmDo), (D1 (3130WC213, tITMThtD) toUXOienJD, 3DWO )JnD1Q
ØD©1Ø(11) (WbflJCUbn91tD6)O1) 6a%3wooeJo(iwl 0J6)ø 0J (GV$JB QBSDWO flO16620
9. 1(UthU3 Ø©2J3)QJ 6,fl1rt6)2 mSrül&6) fflm 0WCIi0&Q m6)ç(m.— aa211riJ64
)36R)0ø L°°P1° (flsnJSlt)oc
(a) aa1 ni mløei m,1eio aiioi1s4cso m(mlGi MjojOJd5c%)(06MMM)16)PJ
.Q&2io mm6)S6©O
(&u) sø0@S 63øoWQ063
(w) c,(n)16i U)lGMDU)lGM6M6)93 sniDw1ceeoc' Q1Q3i6)1 mSaS1L
g36)w)a1eJo La,2Qce6)S16i6ED)0,
a,oTa)o( Qi0L(0)0
10: €nhlm)lma 0D (1D (flSnJSl L,Q0r(1) aJPfl) th©6)ffKfl)
o flnJ(0)1fh0 )1 (mb ()1@C (?3TJ aOl (fl)1 øZ 6 CD) 0(J) o t nø1m ,zm
6ø6IE(°, n)Cm0ø8, (ffIbOJOtO (P a(oTO)(o 6MO)D5S(øt) cmao© 0W6U1308 ø)aQflø8 a1GD
Q33(fl)6)ø1Th s6 6YED€th0O J0S1D(OT)ø)106m
9
•1
630 coo)m616)0 eo (O2QO0)6W30 02 T)O(8 n4)ScaQGfl3(0)36fl:
n)ffT)Oø3, cO&6)S ()©6).S (fl)o(nWfl$l(OS, 6) R8onJhm66m3 (036)S
umotomflauymuflø8 WcB&io o1&em, mws3ce6)o 06n33ø6)m)'(UTh6)a1(o8 m1S6poTa
cnJo o)1øa6)(m(m2o aoa$ ccuQ0wlQ6fl3ø)336.
nwx0&0a0 aoø€mø'tmomS 4n5 aaalrt6i couxoim108 ,s&6)
ojoo cmowleeDG)w) oicmow8 cowmthhu8 (UThoW6maUS mnj3aeistni1w8 m1mo
6)Ø)Ø6)mS2Øm) n36)(Ma1eJo 63OoWo UI,(W&BdO nMolc&em30)3615.
aaajlraio8, b3(og cowøtm18, mmu c3(nølTh16i O&,30o u86)rj6)S
MM(M16)(0 &nflm1mcp m1ao6rnaiTafla6, cairn 8€Beoø'1mo8 mtS6g1&Q6)tJS3QJ2fl1)
mQ msaJs1g6w3u3 njoefiGW6MMOU T5 .
9,athlr&16i nJO mJ2&o ()1cbzocnQi1310 6) -Ø0t1&4Ci1c)3 (m6)e'kuZ
8-6)m*e5ol cu)1cjaoov$1 OLOOODWI [nJow1ao(D6)rJS(mD)l) aaQfhS 6i alcq6)W&2J2o
ccj,owmccm3 io1a&co.
11. an1cai6)c 6)anJ(8 - 6)(fl)ca401cDo cBpW(T1liDøo (b4 101WO6)3øIo.—( 1 ) @omcm
t cmc8eQ0016x co1(f 6) O16)SCQ)3 nlra16n)(CZ 6)(1)1016)SC)3 nJ(3Qi1I)1W8
m36)WQ)çJ3Wm) 63(01 Qcep(Om)nG)m afllnt 6i 8 -6mco1)31, cairn (P2a6)3&
Qh16Tt1)3nJ(floQJ1, mlamlacw6mo go lrS6i 1a6)S a3ØeM)aI3) m1c89nfl6ThWm$1rn
cm7 oJ (Th3 QQ)&Q3 flJ01) (M6M6)MOjM cr4 ec 3 \ 3 W(fllfl6)(©aO alOJ (fl6)3 6)øo (U(D)10
eJeoc&Qgncmaa3o6n.
acrth1r&16)0 a3ø6W36)S Qd©c733) ms(umfl(pcnao wro(zD16)c e6)(3cnoc3lm L&OJ&(1)
(flølflflmao 6)QCflJ(8-6)01){jtO1 Q(1)øQJ3& fl&a6 amxo ao C6iO3 (nMB$6)3&W3(U8 mhit6p$1e6)
@jS3QJ01) (B6)0)© cr4 c&oW1a3061T3u6 I ow1c&6)6n3cmo m1ocp6fl(o ClBb6lI36XT)
cr4 acBc5tmnJ6w3u8 n1nn1c&Q6TTgø)a36fl5.
aaml rS64 cm,ni u coTa)1mcnj6n1 mlm afl ae eaxn(8-6)mla ci &Qo Zç'
Qct33W(flhfX8&6)O 1oiw 3Qo 0)&W,61T (IbifliOJo flJ(To)ao 091 cXTOQJO) m1nicnnmao
nJow1ao aairnmx8ae301mo08 m1651aQ6)çJS3QJCrT) Inia3(Dmoc)oem.
12. (ib(fliflJo mø)ao IWOC1Ø8 cn1cmo
cmaow6m3u8&Qo m08ca6n3 mcni Lmi l o gm1cao, 11-3° OJaj108 ooø11
6)agnn8-6xna01e6)o a cn0wmioc8&o2o 1 aeoc8a@o mw8ca6rT njn10 6nJøTøaao
JCIZrR(flO g uBwA@s 3(D6mnjcomoa6mJeJnJaao, 27-Oo OJ&,oj (1)-co cfl(d
oc8 uo1 i(no1co3 m1mo m8ca6fl(m36th.
Ill
aam1n1J)a s(I&O c&mwlaaøan@lo
13. a2i1S6)( J1Qi()eJa,CI8._(1) &21S0Z m36)P nJOW01) n9W43c03, 936)W)8%1eJCQ33
iazco)eiao8 m1(8nJn1a&em(mo6n3, DID(ZD:-
- (a) 6moej3ajaootGUT3u8 moøcDall& nw)1macrnJ6TTl wxorDai©o tJ36G(T)1ei1 (D1a6)aCfl)
©a1ejo m1icmuflcao 2w,1a8a1!1c2Jo ajnJmin 6)&1 aDoaaic ng38rj3sauB
jo1c9ow1a@ao m8cuoouJ1a6)a©o cmnJ nflGJLnJ(33dl asçfleoaeomu$1mooJub$Z3V
Q3(6W3QZ (JblniOCSUb 6mJaw2o 6mJa; - -
(w) aamlraith avgcDm@mcn5 açwcrnnJaio, oio&&llaøO©ao t3mq scoi
a1at2o wommoo cmø&aio a OS~ &,@J @S [ m1cozeJa 01cj3&aUS cairn
mx8aeo&o n0003a6flaD)o smJa;
((n) 6nioeiocu&0(m GoeicnWYm16K mjJ61m,J1Joc06m 6ThJcD)&)Q)do 6y36mn)
nio@1a8 msnJslauñ sG?3T32cm(mla ozfinio&m j&,o @njo;
(nei) (1ce,OLnJni(8(mD)mo, OJ(B(1Q) &,8JOnJo, QJnfl@, Ln%©lBWC)O, WO(Srifll& nfllo(TU,
n. 6)Q fli1./nCW(TO, (?JTbQJlaOl() nioErn1o, nJ1CUMT)o, E2@(3oQaJc)2J20 CThC118J
cnonn1aJo, oJhJOøo mioioc3 EnJ3w1&G6J5 o1&Qs Moj,%Ouo6mu3 a3nmQiOQcm(
m1c-nJw1&Qm) Q)PO 'eJS&,6U13c2)o nJ& 3wl&6)&,QYo Qaflmvloo
mi- joóo &,to -
(Ge) n cn(9011cec)rm a,l&,o 3JO& rj5(tDO LdCYi1th 2300
213) eltho W112n9iW1&@3IY 510 ilQJD(?J1D) aaS20 6MMIWOMM
O,'lc%o (Th)S0J&,306)S a1&@0 U36)jøS LnJC(0) L(Th(DO nJO1O&O
O,lcO,6) (fl)o&flJ(TW1.4 Cfl)oWCO)l&,03 thGm&Q16)2JS& cBo QaAMMOCO OJOkD3®36?JT3Ua
cto1nJocm cOfl)o 6)aJce;
(ni) cmaowom scmsl&D@o (0)3ø3n3JLS 2OG)Jcth0 nJOlcUQctho 6T)J32J3)J&3(J
1c6G2x8 m1eiai1ei 136)SctYo &,oøoosl& 6so 05 Ln0 36)S0
mm oea, ,jmgjôbuowm n QscOG)&lfl)o &O,6)S Th3inJOttD1m3 (øTó0JD)6)S
ceicrun3 msjoaoei1m@oi6ts cmlnJoc5uzke,U8 msmuaDo 6mJco,;
(am) ioeJoi&,ou 0CMAPA0108 W60JnJ6Tflo msmtma,n)o CL33nfllnl&&,'o
(ga) 0tm0m16)c nilnilw 01@3w6Zfl3(13&Qlsc)I(GS 6flJ38J30J&3OZ (fl)3&,9Jm() 1riThiølçl
oano LaJ0tlrWlcOø6fl63J3, mou)6m3u8, wiimoo&,uB, aç eiea]o wo8g6m3u8 ccmln
)j2J6)SQ)Q D 30'0613136)S mom&ismutm1m PirgloodI51go m)OO1O 3ScO,6)S-
(mbaJ61)JoWo c[nJommonf)1cj1aQcecn)o Jth;
((Ow) (n)onn1a (fl)o"eJSm&,U3 msmimcm mIoor.Jm6m3u3 A.flc&asm
6)SCXD3 noin Th(fl(Um)l6KCKfl)3 (n)ocoa)9J6m(mm16)tEao cmQ &Qc0J9E1 1&,6)
ms63,00S &6)acDo jo laa,con 6mJcrr) 06,03 8co6)0m16no n36)l2io
(fl)oCfllCOW &6)3(016)t3 mnUa1a58 a2c06)(0)8312Jo mtbwl&ocDmoomcmu)16)t8cwo
m1D)L(T)6m(mU)1Oñ&1W1 ei nI36MO) ,12io
6flJOGKfl)0O&-M6T1) a111310a213 a3ç m3auTh0fllD 2fl23,
aunonjmco mkxm3w1eca,aa0 nuowlçjlce6&co wmcn5
006m;cmnJcoao, D'D mTou1&3mmOonfll3Q301flcL(&fl lnoG(DmsnJsl 6)aJ&,
(i) (i) mopjo ,oum3u8 m1anqiw1ceGeio 2ioaeimaJo;
@s cmoomGmmtm1m0 1)lc2G)0 coiciEl oioimin smjcm
n1aam3uZ msj1e3aG3m1o1coQeJ0;
es sjosceuS en mlth 2J&9Jai15 manimmou
01m0coGur3zo oócm1c8cquD& uao ms2j1eJo&Q3aD1o1&QeJo
cLoa1øo )2&tfl)o mmnm &1&UcOG micmiocwo mmZce,eio,
n)(Tnl cn)ocn cml&,u3 miomicrwl 3j nJOü mu1e1m3 imcmjth16mni1Jo 0G 0DS(O1)2ctho
(P)JW)3 wmaos6)ao,
cmb6)a1m3 13m Cfl)oW(i)l&,lWS m1cmo Cm0M&G)Cm 0J10i313 0hlnJt)6t3Uñ
j1m mrowla omm nome oafl &n5 ie;
(s) - njoejoo ouogns CLnJO(mUOnflCDmtUilfl cmoJo\6)a3cn mmcoilci5 wGm1&6,OnJO1)
aiç5 mei&o øm3jo6ru1m au3ac (m!m9dou51cth2on) aiac?6xm&eJo
m)oWilTho 6ThJ&.
7
(2) njcno [DflJeiyU1C)1a1o1e6)m) n36mflejo m1)cmu,1cI6a,1w1cs. cnnnonjl(ul (%)J(8&6)O]j 63O (fl)oCfl)flDCD ln6)C3 831eio &ln6)CD Q1(flJD6)cO, (DS(T1) 6he,06m1ø1ascm n36)(3)a]ejo fltoW(DflcO,1qy3 ce,21091ci mifl3j6majlfljDøGm cns(un)o03
14. cmo6njcnhji (umwiaoo6T3cJ8.(1) oax1naicr 13-Do JcO icOç (61u) 6 mflct8 DlcO6)6)çj5 Q36Mm 1 eJ2o ow118 mCmin16Th
OjinjooGn 0mJDu3 1908-6)0 au]ojla53 cnsnjsl m1 orxo1 (1908-6)ei 56)s 113 630 QJQJnflOØo QJlaJD(ZGTD 6)nJCfl) 63O (fl)1OJ1Ø8 CDs()1&6) nQ)D ,%O06M302 1cG51, ()DQW nJOcD)Cm (TOoW(U)1&,Q Cfl)o6fli(TW1 61EDcfl)1th96)(Tn(5)D6n5, manoinxm-
(&D) 0006)o m1(86nomnJ(8q10 m)1cacm3 icoos nim eo&,cno smj&;
(G)j) 8%1ei0 aou lsm&ct a DØD&6)&,o 6mJa,;
• (w) oc 1ccu3 co1ni 1a&eo1e,;
(n j) n)cue,1eJo &,os)1y1c3cn1cato- a1cTu1c3m1ecmD oaøG)in-J)D Tcm16x &mjo
(611) ni1cnm thi a mmThcno (nJ2)o6m6noS njq,1 cmo w1&e(Mas)1cmD a2ZIrMM~ ,6;6)@ MIMM&W2dbogo 6mj&,;
• (2) aQ3th &,flDo BTh(t$ QilnJDOGfl) 6ThJ)DO8 nw1&0 &ø 1nt3cs9105 wm DS&6)OJDm Ct3ThWlth0(0 & tim o1n)1øac)cm(o r36 1ocsq1mo6M ca6m36xn
a 0,12o e,m5 osw1m15cth, (Maj ømNcs &90003nJ6mo 6)nJ36)çj5 Q16oQ aJOD01, fflT 2&,(flY, 1973-6eJ calaflma,S cnsnJsl mlul)a(n)oanlcu)
(1974-ei 2) wfleel 346-Do lne,lq'løZ m1esi Cm15Q DløDnj3j flJl(fly)3(o msacmmrE(m3oGni -
amJ 130Gm fflsnis1&,ot-D mg1n lciIO8 mMgJGmnjbjomEm m1coo&G1i,xws o- mo6yp nJnncm a 0)12J2o n,snjs'ke,oZ -ce,a1nqjth
l)seeonJ2ammo6n5, y)oycth:- -
(i) DQJ3 ocmc1u)1neow8 6301 U)MMQjnjoMOCa QJo"PJCDaaD cmcn)ocao eJlthLoE)lcm n3 6)c)a1eJlo m1©2arm16)Qj C (fl)fl&,G)S eJoaeJmCfZjQ C)S(mc0)QaJfl cThc8mina1Em ni1ioom(01cS 6) 1 6)nJslcmlscmDs, u6 m1cmo 0U3c66)D loml a[aJDCfl)1&,n9jC3 CflSnJSlcth3 cO,221n91C15 nJ1(M)a1(fl3 cmocm1an mew(DOM Ocfl CflSnJSlcEfl)3 Bj0o(!fl&G)0iD03 6flJfl6)çj &Q001xn3so (?JThWtthDO(flMJDDi1ccnocso (ThlnJDth(Th aJo;
(II) Q&3S 0)1> Qnil (a) 6)2Cfl$ &,0 aDD nJcrT) 3Tô63 6X1) (if) 6?lI3UcO6)3
moo o,ci3ceo 01&,c,3aa60 ni&n1 Llo0saD1xnnno 6flJ(rw6)cj Gm) n(heQoscml I1)QÜ))D fl)2)lnJ1&6)cO;
(iii) e,2n]lnqja mnayn5 &omonjcm saoej airqJ uaJocmo nJl(U)lay)C(fl3 01)D6IS asocmDow6r3u8c2e6)o cn(a8 ,e)20)(mlmocD)1 6m(nD6kj5 (n)8ce@3o1@mDcso, CiDU)lcth0(0m)flDa)(mU)1c(n00sD olrua&sa 6ThJ)la.
&,a1 naiGi OJD(8 n9JlcOoJlo 1aJ8aD&, OJ Dfl) O1 CO(85lcOU8.-(1) ctha21n91CI, CcO4G3 (fl)&O6)301Cflo 6mGD6)j (fl)o(fl)flDCl) (flX8&6)001(D10 6301 OJD(SnqJl&, OlGçjD8 1906maD0,
turam16o (Ufl@1LnJD DflUlml(a8 OJD(8n911&, o1cj0ct cjla6 cma niena m11nuJc oion nJDS1DCayU) (WaDDOU)I23D LrtJDWDC92D 2@2 n6)aDO0 (fl)oW(m1(D1PJIQ n)c0jD&8 CW6flO]2J10 Ln?Y)4& OlçJD(S&U3 cn) ã(J1&eonm(a)lom5. -
8
ca,2a1n9c ul njoSu 08 SØTZ$XZ(0)3 r0 S&G)2 01008 PuguOl&Q(Th2ø)O (GT(D)
os,js1cnøS(wo mula&&QD(51Z3) onlnjo(3mauS n36fl)al ej 6)6rnflcoZ, cmoan161 0,Oø6fl)6m3
SD)o 63c6 nilojo o1crjosasl aamln916X aiocSthJ1aoJo L DI 01aqjo8aoS,
(3TbCö)(0) (fl)o(DO)lCnJDG)GJ, cd3(8eJ6)1016)co 633000 aD@'tfleJo Th6)JW108 (fl)ocfl)flOQ)
0D1ff(fl)@6)S O0)JO6)&, D)W3LØo CaL03flt(8G)O(oO 6flJ(1U)6)nj (fl)o(IUDOCI) 0t(8&6)3ø0,
(Th(U)O) CTOoW(ThThnJOG)2J, WTDCOYO)Øo OlGrflAgadhUS eir1 m1noul aitho8 @o
a] ix njl C8&Q6TEO)OGTfl. -
caLCT3 (Th(8c000 &mou8 n186 tIM c86) SO oiff1) imb6u136)C1) CD) 000(mm1eJo
oo1ejo (W6M3@MM2P@ nilunoGm3US u6njsFTmlto OJO(Sn&ilcth o1joth mOoOC&Q
ETEtU)OGfl.
1NDOlfl)o IV
am)enwaa(IbGa3(J8 cwcaa1ae1aThifl1mlcQ 6fllcW1
(fl)o(fllOO(fl
17. 6W02J Ofli ao cia Gff3c18 m)oa a@ cm coflcncoiGnl cmocnl000) o,a01 n1 6)0
oaJoZceQoGmo.—(1) Q'D wmaupn)cmG)1c18alwlcS 630 ffl)oC!UUO(T) awz1ca) ô1tDu1@
cmáwlaoo6UT3u3 anmi ow1.e6)cmcm1mo Qa eJaUS 0)1aO1&QlQ)2ffi3
6nJOeJ3OJa0(J fto no (cruo(rnOcnoTthlGi
ani6) .e,aalnwiciB n4)(1Do106)rJSm) 63O mlaoixm b3(og (IDoflUijOffi (mc&eG)ocólco rUOJOScOQ&
ee001cmo)o6n.
(2) cmo<noom aaxzilralcnloS 006W jo ixan wmow6?3BU8 61T3 ixl)1 (DI aaem (0)06th,
(a) a51aes caaJao ogl a aD16JS cmo)1cncnJ6rTl [B(3D'I)20
&unJcT0)mo msm115;(0)o aL omo0)a0ix) 630008
(&u) aowrjoixan aueja1o8 accioraO(0flYo aw1nio cTOJ@0OJB0&tJ91nJaO
aiflQflixDO ommas m1a1o8m1aio auomiciom mx&eeoS an6 maoCfl6m36)
m1ixQi1&Q6IB(o)o OTh(0)1W8 aO610) 06TT n16>0&00
(i) a]1Bogocrunio;
uo10 imcoowo, nJO1Octh9rJ, ub1Obth90 (tO6)&co8 omXOQio;
(nm1a6)6)cano (lJ0(8UDJOJ(08&QW1 cO6)6)?jC(0) O (W° 1a6)Sc20
6)aeJç69T3U8 @p@ a a6S0 6moejcnlaBl (Efa6)al08 nJ&0&,9100;
moeJa] D6)sa'n)o aas)s 301o)wm)16x)o n2o1a1)oo;
cm1u mgqoa\3mo (ma6)a1c8 atoann1a cmom3u0030;
a1a6 cmo6fliOW1c86)cfl) m16W3o.
(3) aDoCnl000) aaalnllGi cGrcTUOOmo, auoffUtOa) cm(Sceeo(S, n1emonimo ojP1,
a]io1ac)ua1&6oaiCm =63B @MaD moPR0fl)OlD)10196)6TT(0)0fl.
18. 09oW 36)©O m1tnacno.—cn)ocn-Offl CrO(8a6)O(8,
QjiGmonJcnlwi, @ chm66mo Z9oW6136)'fl)O m1cn)a1aG)Gno)osm:
,g)cmo(oS, a1 a 6)S flJ nj16)C aJZ (?DGJ &00o 6)OJCT1) OL(YU)1 6)S
(macmoon) (RMS&QO(8 onJflJ08QOl cmow 6(0)(06)6IUT0)SJ TDa110il(fl)QS
ua1 nJ30a1)1C(Q(0S. fl8enJkfl)66TD mlQafic&G6mc0)oGm. -
--1
1,-I
19. mn3cm Pcni owm35so ecoso cola, e,oejo cii wlo gmnim nJana,o.—(1) ruhnjsrno eoccr,o cocnoio cmoua now90103 nnoicmT c1ml amcu8 øcrn OJ(8n2J&OOPJGM66 (GT mlenilcS w3owo ajnn1ca6jrrco)o6n;
naymoøZ (flJC6O 63(oWQO (Mn 0D016TncQflc3 S(0)(3 C(3DWo ainnlaoa3 nJDS(J:
nD) 6)nJnJCfl)c8GrflD MGq6MaIPJ2o (UTboWcW3, (TO&TYDU3cO65
(a) nJcm6)0 cfl00co(ml)lc8, oaBuflwa nitno;
(E)j) 630oW 01Thl61 CrUoW(ml)l(3 mogrud5 nicnmo,
cmla,cum)mlcnczcmngJo .(ilThj mleJln)lai8 a(3Dwo QJnfll&6)DCIZ nioscu.
(2) a8cimic6rno oococurmlamo rg(M2 mcmmo cn.ocnicom eo&oY • (moCEOJOWO) øa,om (TOJ(m)O jsnlc8 owl n3wl8mlm10 øolnicüaeo
aJcmcux6n.
20. anJciDo (oW6U136)SlX2)o flJQJo 6nJ(mma,0.-6Jc01)Gmo
cunow6m3uSa6)0 mcSca,6m ODJOJo GTh(mU)&,O ccn)nJmcoT)l6i ai aj1m(rwma,o jowlo Cfl)oCfl)flDfl) n3aQoth1cnoc& mllacjsooim [oøonløam(o)om5:
• na)Cfl)D (OS, CcQ)D
63(oWa1lZ16XCD)D UflJQJo 6nJømao Q6)@Ja1(08 Ebq i2cmnim ml&mawma,o owla,o, (mD(0)c Cfl)oCTh(mlCJD6)eJ, fflTb1XYDQS mlco)m (T)lCDmnaJo (Muou3a6 aJlwwTo)lc8 aoqoiociñ Joscd.
21. Cfl)ocThflDfl) a,am1n9J6,c 6)Cfl)[cO,01cD)0 C(3 DU)(fl)flø10 01 1oiCDa6)Døo.- (i) cmocmnocr) a@oolc colcns njna.jlcxylc8 00 d000 63o 30WQtn6xn
xz1 n9J6)CI 6)Cfl)Lcth ol tD)Dcfl)l (TOoCfl)flDCI) (TU(80Q0c8, oils€imo cjcnoaiwl, cn1 l cam (fl)oCflIDD(fl 109J6X b)2J&6)S a0mSomim0ou anMo6n)(u)ln5 oc©aoojcm
axi copuxmDeoao 10 @o6cbto (m(tDl05 2OC& D6fl.
cmocnirjom 1n9J6x a,Do B6)S Jlano mswiS1j1cnc 1oW)16X 6)6)Bmo31(n
[m)mcu1mlm0 6xn)[ac)l 000 DD)1 01 &6)20Do (TUoCfl)flDCI) flM&66)0&OD0
66)so0j(Tn 26 (mbwla,006u13u3 )Jlmlj2)3wlcaQcrTgo n1on(ry)
03 YU)QJC\&1313(J3 mlcnnlQao6moorn6n.
aDoaunom lnd6c cmoiu astmlmaosril m1Dth1aQ6çj 6xru&anlaeo aç
cnDcomlcx&e6)o 10JmaE08d)6O CTho&8cthGrE UbmJ0Jo 6TThmmao 2ç c(noaoommna,0
ol&njcrwma,o (fl)oCIUUDCD cnjcSa@oolcoow3 ml cnlaeGsonJ2m) nJa,00)lolcam)o6i1.
22. (fOCflJ @0Jo 6m01m&, w3clo8mlcmo mo86m n5-6mJcn(Scnj Pmnmo
CfloW613US&6)o M(68GdbaT9 UbmJoJo 6)J(mm&,o 21-Do 0icOrjlcoS oullaA 6)(ThLa01aQ10 Qç CB0C0CTUOc3aQo 10JmaQ0c3aeo Saen nJaJo Gmcn)a,o 6)nJ03r&1CDo Z6)JG)S @06TDnJ0Q0 J2J0Ja,o 28-Do nicoçg (1)-Do QojMcffigf, jIM
oulI Lwocicu8ai1cmo m6ncu)ocn5.
23. (fl)o(IUCDO) a, IS6)c 0J0(09d1cO,0Jo a,0j2)00 olajocSau3.—(i) cmocruoom
cn)ocnijjom cmcSaQoolcY 6302 oj3c3n2ila oljoó 3njlca noo m016x
oiocnil olcç0c3 laccmoso m15&O0JDO nioslomm ib6?3136)CI) (D
(fl0)D Ci (2D InJOWO CD(82O @P@ n436)0)00 (tOoW ()l aleiAo nrj0U5
LnJCc?D\a olcjoBa,&S ala€oCiD6n.
3/I24/ I I.
ED]
mocrunom m &6)o8, (1)-00 nie,j1w3 oD qbll r4)D o1o8ca,o
cmoCruo3(06)(mu) (fl)oGflJOW'1S6)C11) CJt1CIJD @1&QY3 n)s(mm(0)D c4)s&QfliDCY3 ao1&6)d(mC(m3
(4fl) msnJslo (TOl1&,(o1&QDC51) CJ1aJOB&cO,U a 6)w)a1eJo 6)6TEa1CO8
(MOJM~6)S O306m6T30 010 6)cthD6fl@ 63O cii £6o1(2DscO2S1 (maCflicom m1)a1cnJs
(06TY31a Ds2S1CQ)(mD6)6mSlWS 630øD 06S ni06axDo 630 (TD€ 3L(U)o Q1Scm
aub (n906)S flJ06)&D)0 nJdnJicca66lEaDDGth.
cmo(TUDDC1) cnjthaQoølmcxoZ ml cnficeQ6çSD0JCm
aioe,1eio 136XDfl) 0J1(JbB0J1C1106913U8 uS swtm10 QJ0C3i1& o1cjo8 xocOC&6
sr
24. G0102J30Jc81D(Jb Q(3(Th1fl) &,SZ31thi6Xfl (fl)oGflJflWi i1ei
0110J(TUfl cthUS Cfl)oCflhflOCY) %at7)1 n2d(i' GT)JOW , O 6)6Th C11i'c7O 8 - 20 9 - 9?0 10-0 0J&, rJ
6)eJcn)o 13-Do ajca (1)-Do 1eio 14-o 15-90 01cth@16)2J0o 0J0JCfl)flcthUS
Cfl)oU11DD0) 9,2W1O1a5 ow€thaocn)1&&e1cmo m06W nJOCYD 01nJC o6W3UScO6) ci1cwOD1
LnJoGnieJso 3tfl)iøt66)(m(0)Q336m, OflRB:-
nJØQ1(8(JMW3036) "Cfl)OCfl)flom ,1nC12I" n4flffl) nJøDEZI(BUb
6m3D)1 mrbcSw)ao 81aQ1mD6fl';
(G)J) "accr3cm €>oc3" nTh nj(oOScm6in3U8cBG) "cmomlDoa) Cfl)(86)0(8" nj)(Th
o38c06u13@Ofl1 (?3fl(8)Oo £3?J1Ca6)6TE()D6m
(w) "6)QXflJ( -6)Cfl)L&0i" r4)(fl) nJOD23(8Ub6UT3U3&6 "6XTOL&0i" nJTh øoa&m6m3@0fl)i
m&moo 3 coSj1c6GnO6T5
CThflDDtt)o V
aas caos1a&6
51a@6)S caosmi&,ci3.—(1) &U6)a16)OD)@ 4
GflJDeJDCflc&,OUb 2ofleJC0aYTO)16)C1(Q)D Otø)JO 0J1aJ006Th 3o6)jprmcmw)irn Cfl)o(TDflD(fl fflMBcBG)O&0)
6)6)nOacOG)o s(U)1 silo!5 }1 Cfl)i6IC (tTh(1 LoJDt 6)nQ)cth C(D s cth si, 0i1€1u)D rU mo ci ci,
(1Uo(TUQO(fl6)(T3) 630 (2&,Os()16) c4)1eJo (mb6)&(8 630a(bD lQlqc9@ 1 0 crnisr& 63N
6Xfl)nSdfl&fl3 C&OS(tD16) 1th@6)s 63(0 CDS1Dcfl)i 96U13(J IlniOøGfl)
6mcuflcoo(1 ulo 1&6)o oeni:
0ØODOc13Z, 'O i&ji6)eJ Ifl)06Mu)0(m2o, (ö)0fOQ)o aca1pio
flT36JCflcfl) 6m3u31e6)ci6TE1,
(a) eø 6)Cn)r.9J0Zm) I2cth3S16RD) 63(0 M5@110MIC05 aos1ol ØzmiaD6)CTD
ciimimt2p6)6maicJo; cum€,e,1co8
(61J) eø cn5'6)JnaiZ a€thDs(mi WCffli()@Cfl) (NnJ0J(G8a6)CO1&12 6) 6flaiCO3
6owa0cthCfl)(U)J.
CT15@nJlAJj& niEr0ulca; e1ruocmlce2 §(Sr— aoommom cnxBaQooi(T5, ci rmooJcnooi ci,
e1a6)s .mocøo ethosc)i€e6)o 63O nJ6QJ16 (LnJ0Dicth,Q0 nflmiiaea'D)o
(Tb6)&(3 n03W 0cIø1TDiCS &,0tfl)06)(D) cmocu)Jcceeçocai &0S1(TO2 63(0 cmcu)Jaoq1ecn (
Cc60S(0)i'fl)iWS Q U msc5Im(m cmoJu cmmiaei&QDEQ)i 63( m56)nJo9JS tJiB
CLnDCDicB0.0i &QcthcO)D
11
(WbQ0\Ocwo VI
wmaoønJc, nna6flflao (Re(UiIçflo
caLmcrudawolmoej Lu)ojac%U3.-(l) nia J€nzf mlcnajo aa6um gQ010069001
msmmlai wmnflm13wutm1a CUb.-&lo, 'D 0Qsç716 913U3&Q3cUfl
cIn)owlae2cmcm105 ilaDG)a3m C am8G)ow1cr a,øcmoojcm o6a6)mcn, V)cOx8,C1ô
cwoot51 cffiQmlc&(6 ceLo3cn)c&e6)o(8 mc8Cno)o6th.
(2) lr&ith QID 10 1p1ei ajamei&,uS lamcoiicñ ameaicth (() G5)cOnthC/3 0&OJ(mø)o mmn asa,a,uS (1)-30 j1c8
omtj cwo18m1crn0 osaoonicm aon$1 aasno&n5.
imomIoom cmc&oeo&moej cwocaut-O) n1axro@ m10 aasum m1aei aeoi1 cnswim1 oiaoøa n lmlCcn)ow(o'ImlM euDr&lo, 'n ma916x cm,njuo 6m3c18&eocnfl QnJ C'X1'O (1)1 6)2 (Ti) (ZD1(6 ,i1 (0) (fl)o(mflOG) (flMSaQo 01cc a0a 0)0 flJ(T1)
(M6M6)(naDj@@ nJ6TT) (OTO)2 th cthOZ LWO1001 (fl)o(flQD(T) cth1 n9lac (TDo(flh000) (fl)(3thQ0($
CPoZCa,6m0)06th.
(2) mociucom e,2Q31tr5 Lomj an6qi6)( Ill-Do oso1oi ajqxoeja,o8 nlnol6)(Tfl0)1fl5 Q€O0)6)Q(fl5 &,00)(fl) (0)iTh&,U$ W0cee0nJ2nT)0)o (BThT36)0)© waa,uB (1)-Do LJaJco)jl08 ou14 iwoc1m3 m1cmo 6)a)osa&6)onJ2m) njmaj001
a06)JCS6fl30)1Qi06fl.
a,Wh1n916X &Q6flctho (UTi0.Dl9o.-(1) &,ath1n910 0&cfl?0) Offo&Q'D6mao
L0)Q0D) Mqj Ol&6)0(8(U)1&o W CnJ 0 C06fl 0)2o @D00)0Y0)16R £onJC(S0(8 anf W&WX)eJQ0Qi1 âS1)0QSJOaJi C(fT3 (fl)&0e0010)O08 061eQQcjSOnJpD T36)0XD)
aO0O0T0$l($ (I3Th66)s 63w oJo(8%11a, 9ga6acf co)ç000aacn)o npmo)o6u5.
(2) e,aa1n9d6x 061ia,&6 o,oniCiSD(3 au,cf mi(wlç7(8 - mn0S, (mconoo mida ri scoia,1o8 o1w1ç' 6mJa6n0)20, CBO)Q) cman1ç
cn)o6rvcr,Lul4 Cm&Sm n36)(0))leJao 6)-%Jejcij &on5CisD(B cm,o.u19cB-cnoej1th e,aalnqia3 wø8ca6rE0)aa1o6n5. -
t () &,oniC1$0 (MMf mw1Q3-cooeJ1mo pn3 cSa,1'1co3 aath1ra16X
&QV6flâ,6)S miai5Iç aDo6nicrw1 (UThCE3nOo m1ai1e1cm nffl6)0)a12Jo (UTu3&6)o (am6ffl36xT)
cD OJJ1 (IVo6flJ(flD14 (TD(8&6)D(8 6fl,øS øT,(U)1 (mo6)JaU56 ,onQLS0(8 (fl)Cf (m,u1(8-(noeJ1o5 6)nio)nJ3©1(m1th (MMOMMOM (mooJoou09u32o QCub-aiowcO3u06uT3o
(GTbWla 0 00J2o o)1o1eecm(mo LniC(0)alo &6),0 (Th&QV6fl&,o 6nJ0w6)ct1
O&o Øç I o6m6m3o C06)J&o nfl003cO6)0fl3 &c2Th1r&16i
mno1mo no1cutow1aeniomo @@p moja ouomp 6r8o1&ae1crnco)aQo6n5.
(4) aoriaiso@8 au4 mcw1ç8-moceio $1cei63 aimagnoo m1©1 aicg6xo)aleiao aJ%c@o crooa16kJs1cmm1cn) ooa 1c6x (ayaQ'D6ue,cI8 myuJ1 o1cQjo8 cmntmo &,aa1raj0 n9i000)000 O&,(f13 (fl)(6c06)DOlth &osQ&e6w)o, CI03 (TD(8c66)0(3, (UTb(
lCUbnto &W1QY(fl)I0)CflJWo, nJo 6)16i 630000 D)6)Scfl)o ff3(T1106)& (B1,(U)1ç7
o1crjoS 1aas)6m(maIo6T15.
CTOoffUlJD0) £,a21nB6)c (Um&6na,o (IrflDlR2o.-(1) m.ocrnooô &,am1rio8 (1b01Q)Dcfl) (G&D6fl&,0 (ni(i1)cO(0)Q0fl) Qfl Ol)q(6(U)&0 JCnJDC0 6T1 0)ao 0000)0016)(V
&,oaiC[SD(8 (tIr(f u1-NmoeJ2aJotD1 S1Q)DCQJDnJ1 (fl)o0i)O0(T) mMSeQOOl000l8
m1fle6)rjsooJmaM6M36)MCMj5B5B n000urmlm8 (Wb&Q &,6)S 630 oio(L,ail&, (;6)Q4
MaJOOD,96)~ <%Mgo 6)aCg6fl0)0Gth.
12
cnocmUOfl) anl rzJ6i (BThcOG)QflcOU3 c9'0'0SLSO(8 mini mcw1gtt-cno*
cBcqano nJ1otc8(zqub1Gac)onJCm th1U3mau1* 6 n)2o mcp cm?fu5
cn)06run'w1 ccnaflscm 81G10 aieia &,oniccsoS mf cu31g3-8cnnei1a5 cmocmcom
aam10310f6 cnay&ceGnø3Sth.
cthoniCLS3(8 cmiicf cw1g5-moei1mo D T j1Cr3cB1W1U3S cnoTfliCOW
ln3JG)C (DTh& D61E2&6)S (TCU)1ç233J)1 GflJthWG)2 UflqrtOo fl1cD)1Zi1&G)Cfl) 'nQ36)()l 2J2o
u3Qo, nounem (M(WI6 cn)oGnJCtU &016X umn m&,aS cw1ç3 6ThJCTD(0)
(fl)06flJCflD1 cO,oaCLSD cS c'a cmau10- on e.fln5 mjomnio ug cno om3
(Q3U61313O n1cu 10 DcJ6T3o mbw1a0OnJo ocn)1ø1eQcmcmo L''1 °
Gfl6&,o c9Toae6n;&o 6m(T-U)6)rj 1 o6fl)6gr3o 09 CJcthO
.noøDa6oi0( U1QJU 6)cjSflJDCDo (fl)ocfl)flDO &ln3J6i nth (nfllcn)o nJø1wbow1cOQ
OJ0Cflo (0QZJOJO ocn)1QmcnøoGm.
cthoaThCSDó mc4 n1o8-(D0eio cunoo )1CeJ&6)001 m1YQfl
çsxma1eio ico aoce pmThD CDO ifoocrucocT) &a11thJ61 (?3ThG)V6flthUa
(mmlccmeq@p cm?1cw'1ç 0j0(3 (IUaOlø)o CrDo(m000) thQ12ln9JOZ QJ(n9Jo c8(tfl0Oo Cfl)oOl)flDCT)
Cfl)(&Q0ø1O Th DS&6)61)O (fl)o(fl)flOO) Cfl)CScOG)0(S (?3TÔ(th Qi&nCCIbn9JO, 1flDL(U)
2QJWo, Cfl)oCflhfJOO) (Dl (1US()6)S mJD6)S (m!CWlç 01CçD(B5
U0t)o VII
)J1UJ0(TDnJ(9(j0 0O)S(O1m msnJSl&6) oTho._Lfl0ølam0
(fl)o(flflofl) c6Q0(?ik(D3 O,i2ajln9J(DD (fl)o(flIDOCfl e,axzjlnqjcmo m18 cmN016)O n436&2J0
wmuxmmlcmo 1a8 C&,L £Q0ol6)ccn)0 (moCrUnOm 66)0(016)01flY0 lcc2n)o
Cfl)oCTUDO(T) ln3J6)a(Q)D CDlaqUUBD)1ClZcthlPl(OS LJn ym1&Qm) (36)c)8%leJ0
u8aQo l(bo)1 m cr3a1p1ceio a3)lcröa,lwlcoZ nxmaleio
m3u8a6$ mu%D2Dc8t)0 jaikxoo, GThJQJDCT U1C()0 (U1fl
nn)aleio (Tho6thCWil440 C?BbG) celms, D&LQ3 96)0 moQllflD(D (iDQ0(616)Cc2D)D,
(IUoCrUflO(T) &,axiil QI2)0 cmwlmoocotmoaeJo (mwl&,oø(mu)l(Ice,l Pl QJ0
nI36) alei;o olcjo8co, cøuo cnJcnSl aol & 01 &e cmo auoGni nw1s0 06xm0o
aLnJocn)lca)1ncmo a3çfl mlna3 msnJslccDrn o1e1O6)flThD)ç.
nJCfl)Gmo (ThoW67Xf3O aB0(XflOOo nJGTjli crt000sG)6)xm.-
e,aml ,9Jo16)eJo (fl)oCTUfIOfl) cth2Qll im1 6)PJQo 630@00 a3mownJ0 DD (tBcD,1Q&3lWl 8J2
jøo eiau8 mliqjnnl aonioaS e,al cn1cao (mocru000 0,a21 n9JcDlCGJO (D1(fl)Q1 ()Ø3)
630000 3pwcroUo0 ama8uo1a om12(moaOl0) (1860-6)8J 45)-6)2J 21-00 QJcO ç jl6)(
mncBco oni(m1ae1coZ ojom JiJ1co 0-tx3cucRD1 c000)6)nQJSffDO)06TT.
CdJLQ3 cm@o(b1o3ay3 PPOm1c8cqutr3u8.—(1)L3rD çlc1?J&l'Pl0S cmbas16)1
DJ2 00)ej,%(JS cfl1(Z(cif)1 &6)2Cfl) c)1m8 cocm1) (tjTQJCJ6B13&3 crooGnjcrwl MaD nJOGD OO
LmS cO,W21n9JC15 cB&a03 (fl)(8cOQOO1C000S moS&,onim, CD1(SC((RWG13UB
oo8sm&o2cocTD61D.
(2) ac3cmlD m ucm3u3 cmo6flJffU)l. 60 LnJucDo M Qw-J(OmDU &ucmcnoc6mo
m j izao 4)a15 LcT3m&60(00 e,2m1091oo (0)1221(08 n@@=W2jp (OMBcBQO Gn0&O1) nJo,
m1ccneJ2 C[fl3(fl)l&9€0016i 000233(Do (0mnm12øon)1oa6,cm(moGm.
o16na,cs8 moe Ee,loS iln0.—r&4C13m)óaQ0(3 co,oQjOcø,D eian1o3 mrnuo
6)çjSCCflJD(J8cth2ln2JQ8 ( 1310 (0)161 InC 05rm06131308 crOo6mcrtU1MOIW MO 010§ 6TD ~ ,& @90
Qoi1niooJo ca,L03(n)(8ae0o1rn cno8Qa,&mc0)06r6.
-I
V
I
13
35. aJ56MW @6MO& MDM GaLO30 '0(8d)G)0(0j6)(0 (UThWlcDDøo.—(i) c&am au&e61D0105,
oilecm)Dcumo njccl, LMJ uie916eJ o aimme&3 msj1eioacomm1a5 aJ561TBU8 mD&@ooicm
(ZflD6fl.
Lcb).&DlJo, GD2cT3njO@M (BThwlce3 00(01tB16)qA (ThDQ3DcnRflie (oWo QJøO(Th)
oi1wwm1ejo nsmcn &n1(58 co)Dw rtJoctycm nil 1ta il(3 nQ)DcøD
nMm)I@M 6%IPJ jGmO ai,oiaun ooianason, moth:-
(cO) 6-3o n lOthlcQlWS e,aTZlnqJClDlG)Gj icfl) o ThoUfl6)So
amnim ml6nicruMntha ,jDwl&,o (mbni(O6)S UDCM@Mgo 6th(ZTo;
(ai) 10-00 waj (4)-Do icejlcteiwlc8 ouxmml8 16)c &oonss ms(omi7jlmoul .%MIMJC6 mSnJSlLcth2o;
(C)) 11 -00 aiceç (2)-30 lne,1wl8 1imlei 8- cceo1a nJlmlccwDwlac,DnJcmco,o nl ol&Dnimaon (?3ThWl&,DØ51fl3o nJ2(meJ&,o;
(nej) 11-Doicon2j (3)-Do çjlG3c011DZ a1n3J(D16)eJ BDWO(o6)SaJ)o
MR1 MIOJM,8@0(0~ 6)Sago CO flJQJo 6flRDTm&o 2ç (9miflJO) mlsniawco.tho nJDWlctho;
4 (613) 29-Do nico,n (1)-Do nj1O3cth1 51CO3 IZx2flthin3 XDODaaQ61B (tO&6YD6 2 £,6)S C 2Cl6)CX?)o ø Ol& )D 6)5Yo niDDOo.
MIJ nO&O,Th$1(O8 nD.651cD) 630CØD Jc1Jo D>hQ)CUOn9io mjcOm)((Th
COWW1)l(O8, nJD(8ej6)124 cn)caImcmmleJ1øte6)CcnlDua flCml6X 630000 D)6)S(IYo t2)flJD6kO
63Ø 027JCP(U1Th1C2JD (OC6IED m(o)leiwl&,Cao CDW1U)1CJD (GcD)l (lfl6)&,
12çj &6)32C)c66 ae6n(mo aC13nJO61DTU) CUC12th mcmu)1CGJD SDcfl)
cruam@ m6m3ct8Gd)oo 6)t)O5U)1QJ(DCfl) flDCQ2(flo (m(IJQtDcn1a6)cmc)lth Mja3 aj , LD(O Turg,%@p
(UTQ:i aiimlc8 aleio (O2nJC@Bo niw C11)()l(3 CDlcO6 aCQ)D, (1b6)&(O8
fl)@ctho aJ5O 6flD& flXi)l(O6 C001&6)&,CD 6ThJmnJ&Mo, G31 aJ1U)105, moa
(fl)oUX)lCnJ06)2J, MMOM ø0(B6)cJS(mmlcfl) OCYl)l(3 121D[CO)o [nJ@D0J0 61ED©l(Ol&6)&,ClD)D
alrn8 CnJ1DQio 6)Cmo cmacm; n)O1)D(OS,
n&eJo (UC@( 6)5JS2(mU)CQJ3 &u@Dwucn121Da6)ceJD (UT ThlC1&,1fl(S aonJ
n 16)aleJo m3W)d.665 @oCflo nimo(um) nilwcmmlw8 TlølQ6fl(0)D6fl5.
36. aJ5013CJ @6M3d9@g oj3Mj@D Oto(fllflD(1) mM8&6)D(ol6)C (tJflWlcth0ø0.— (1) Cfl)om0000)
CTD8&6)D1th, C)il61U)3nJCfloOiS9l, LYD cm916)eJ QJOJCTWJCIS ms0xi1 a6)oulfl i6m3U3
• 6mDcfl6)DQJCm()D6T15.
• (2) [ cthlo, 20 O6mT) (maWlaD(OawD16)c (fl)D12DQ) )IDYS (goCJ)o QJ(OD(mU) S
C)JlW(yml2Jo MM@M J§6M @I(a (D6)W nJOfl)Cfl) C1JlnB)6øI3l(58 JDC1210
ng3(Ml6)malGiC213 C)J\OJ(TDfl 6)aJ)00J(rfl(D)D6fl, (TO(t)Da2)D):-
(e) 20 - 00 nia in 1cico8 Cfl)o(fl)flDCl) a,aEln9Jcnl6)ei
1OoWT366o CCTOOJO) m16mawm&,0 JDCDic6,c, 90OJ(O6)S (JOCfliQJo 6flJ(5fl)So;
(6)J) 10 - 0o. otconj (4) -Do nicthn 24-00 011O2njlCm3 1QiD111riJcO,D(00 630
c2D)0WcUIU)l(O3 m(mls)c 9,0(D69)36)S mscmu)lrjlmDD)I (fl)ocflhODfl) &12ln1C1 (Th(fl;flmUflaaQ6TE
msnJslLaao;
(cn) 21-Do (2)-Do niiciña1ko3 (fl)ocfl)flDCT) cth22ithJCIil6)GJ 6)CTOL&501.th
nilmlcDwl86)ocuo-ncoo ml o1&6)D m2Dcp) (Wl&006tiT33o aJU)2iSo;
14
(nej) 21-00 flJcthaj (3)-Do 1OcO,1W1(S .m)ocfl)flDcfl 1n&16)C1
cnowaao6)sD)o Q9 1flJ(ncO6)0ø6)SD)o UflJOJo J(1Th,O c2m)oJm m16mawmao
-uow1ao;
(613) 30-00 QJ&nj (1)-Do Joicth nJ1G3c&195h?53 (11000U00Q) caax2fln9Jct3 (DODCc66)6Tl
EBThQm6fl&6)S pl6io aç ot66)DO,6)Scao o0000.
(3) Qn cia croomiooifi nx&aeoS &r1o&Qcm 633C00 J5Qio,
(6D&6)1cfl)Wtn9do, (T&CYT)L(0) COJW(TU)1(6, cn)cTuoom cn1acTo@)1w6, CD6fl TU@cthUS
1s(06 633Q03 a6)Scfl)o (flJD6)&,Gfl)D 63(Og (fl)@ øD[()o 1S(16 UB 0-096)5
fliD6hthEfl)D fl6)Gfl)O6Th.
37. 26?I3CI8 (T)1c96)o cniom (mMulcooøo.-0) LYO 0ce916eJ OJQJCYUfl
&,u3o coi'o mm1c3 4)6)cImaThio nBo 12&1C13
(fl)(&66)D&ffl, 63lJxgBow1a, wm)91(8 LojCflS1(D1&,ø1c00(m pa51sxDdl nj1, ffD c 916)ei ci1çnimin
&,(JBcOG) ci1oauaGJDWrtD(D)o 6)6)JnqJo (fl °lcOG)o 6)aJQJDCt3 cmQJu?\a1D6)6mC1 -6 DDW DD)
(B D U CTUflcO,(J 6rgDaeDnJcmas)o6m:
r4)CTDD(8, D (t31céç 1nJD1)J2 U1G58 UJCY1) QJ(tD(t58 ø6fl clthnBo ZD()1(fl
aUbn9lo D ci JIO3&1flCtSS UO@MOO2 ttB(bQIo 61B3cO6)QJ008
(2) D 1CTS&,1W1Q58 rThD1O6)1c2) 630000 (OTO)øOl2o TBD&6)1(mn9iO
(&C1DL(0) COiCflo nJD(8eJ6)2C16i 630000 cSD)o a1(flJD6)& flflhCceQ61EW)0Gm.
•1
2
it:
THE COMMISSIONS FOR PROTECTION OF CHILD RIGHTS ACT, 2005
(Act No. 4 Of 2006)
2005-6)2J GflJOPJO Oob6m3uZ 1nim&,uZ (mc
(2006-QeJ 4-30 mmi8
GLOSSARY
I
Assign
Confer
Disiress
Elimination
Ma1titabent
Ra*
Strategy
(3201C)o
(3201th06fl)o -
,j1cuxno
B(W1&,(06fl)0
ø)L(TU)6)6)0JB05OD.0
Section 17(1)
Section 17(l)
Section 3(2)(iv)
Section 3(2)(iv)
Section 13(d)
Section 2(b)
Preamble
p
V