Chapter IV
STATE COMMISSIONS FOR PROTECTION OF CHILD RIGHTS
17. Constitution of State Commission for Protection of Child Rights.
17. Constitution of State Commission for Protection of Child Rights.—(1) A State Government may constitute a body to be known as the ………………..…. (name of the State) Commission for Protection of Child Rights to exercise the powers conferred upon, and to perform the functions assigned to, a State Commission under this chapter.
(2) 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
(b) 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;
(ii) child health, care, welfare or child development;
(iii) juvenile justice or care of neglected or marginalized children or children with disabilities;
(iv) elimination of child labour or children in distress;
(v) child psychology or sociology; 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.
18. Appointment of Chairperson and other Members.
18. Appointment of Chairperson and other Members.—The State 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 State Government under the Chairmanship of the Minister-in-charge of the Department dealing with children.
| Other Contents of Commissions for Protection of Child Rights Act, 2005 |
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| Sections 1 to 16 Sections 17 to 37 |
19. Term of office and conditions of service of Chairperson and Members.
19. Term of office and conditions of service of Chairperson and Members.—(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—
(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, resign his office at any time.
20. Salary and allowances of Chairperson and Members.
20. Salary and allowances of Chairperson and Members.—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 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 appointment.
21. Secretary, officers and other employees of the State Commission.
21. Secretary, officers and other 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 to the State Commission such other officers and employees as may be necessary for the efficient performance of its functions.
(2) 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 powers and perform such other duties as may be prescribed by the State Government.
(3) The salary and allowances payable to, and the other terms and conditions of service of the Secretary, other officers and employees, appointed for the purpose of the State Commission shall be such as may be prescribed by the State Government.
22. Salaries and allowances to be paid out of grants.
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, shall be paid out of the grants referred to in sub-section (1) of Section 28.
23. Annual and special reports of State Commission.
23. Annual and special reports of State Commission.—(1) The State Commission shall submit an annual report to the State Government and may at any time submit special reports on any matter which, in its opinion, is of such urgency or importance that it should not be deferred till submission of the annual report.
(2) The State Government shall cause all the reports referred to in sub-section (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 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 recommendations.
(3) The annual report shall be prepared in such form, manner and contain such details as may be prescribed by the State Government.
24. Application of certain provisions relating to National Commission for Protection of Child Rights to State Commissions.
24. Application of certain provisions relating to National Commission for Protection of Child Rights to State Commissions.—The provisions of Sections 7, 8, 9, 10, sub-section (1) of Section 13 and Sections 14 and 15 shall apply to a State Commission and shall have effect, subject to the following modifications, namely:—
(a) references to “Commission” shall be construed as references to “State Commission”;
(b) references to “Central Government” shall be construed as references to “State Government”; and
(c) references to “Member-Secretary” shall be construed as references to “Secretary”.
Chapter V
CHILDREN's COURTS
25. Children's Courts.
25. Children's Courts.—For the purpose of providing speedy trial of offences against children or of violation of child rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify at least a court in the State or specify, for each district, a Court of Session to be a Children's Court to try the said offences:
Provided that nothing in this section shall apply if—
(a) a Court of Session is already specified as a special 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 Prosecutor.
26. Special Public Prosecutor.—For every Children's Court, the State Government shall, by notification, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.
Chapter VI
FINANCE, ACCOUNTS AND AUDIT
27. Grants by Central Government.
27. Grants by Central Government.—(1) The Central Government shall, after due appropriation made by Parliament by law in this behalf, pay to the Commission by way of grants such sums of money as the 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).
28. Grants by State Governments.
28. Grants by State Governments.—(1) The State Government shall, after due appropriation made by Legislature by law in this behalf, pay to the State Commission by way of grants such sums of money as the State 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 payable out of the grants referred to in sub-section (1).
29. Accounts and audit of Commission.
29. Accounts and audit of Commission.—(1) The 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 Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General.
(3) 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 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.
(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 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. Accounts and audit of State Commission.
30. Accounts and audit of State Commission.—(1) The State Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the State Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the State Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the State Commission to the Comptroller and Auditor-General.
(3) The Comptroller and 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 demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the State Commission.
(4) 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 forwarded annually to 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
31. Protection of action taken in good faith.
31. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against the Central Government, the State Government, the Commission, the State Commission, or any Member thereof or any person acting under the direction either of the Central Government, State Government, Commission or the State Commission, in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules made thereunder or in respect of the publication by or under the authority of the Central Government, State Government, Commission, or the State Commission of any report or paper.
32. Chairperson, Members and other officers to be public servant.
32. Chairperson, Members and other officers to be public servant.—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 deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (45 of 1860).
33. Directions by Central Government.
33. Directions by Central Government.—(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 a question of policy relating to national purposes, the decision of the Central Government thereon shall be final.
34. Returns or information.
34. Returns or information.—The Commission shall furnish to the Central Government such returns or other information with respect to its activities as the Central Government may, from time to time, require.
35. Power of Central Government to make rules.
35. Power of Central Government to make rules.—(1) The Central Government may, by notification, make rules to carry out the provisions of this Act.
(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:—
(a) terms and conditions of service of the Chairperson and Members of the Commission and their salaries and allowances under Section 6;
(b) the procedure to be followed by the Commission in the transaction of its business at a meeting under sub-section (4) of Section 10;
(c) the powers and duties which may be exercised and performed by the Member-Secretary of the Commission under sub-section (2) of Section 11;
(d) 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
(e) 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.
36. Power of State Government to make rules.
36. Power of State Government to make rules.—(1) The State Government may, by notification, make rules to carry out the provisions of this Act.
(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:—
(a) terms and conditions of service of the Chairperson and Members of the State Commission and their salaries and allowances under Section 20;
(b) 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;
(c) the powers and duties which may be exercised and performed by the Secretary of the State Commission under sub-section (2) of Section 21;
(d) the salary and allowances and other terms and conditions of service of officers and other employees of the State Commission 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.
37. Power to remove difficulties.
37. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty:
Provided that no order shall be made under this section 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 as may be after it is made, before each House of Parliament.
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