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INDIAN BARE ACTS

THE COMMISSIONS FOR PROTECTION OF CHILDRIGH ITS’ ACT 2005

,
Child Rights and You

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EX1RA 0 RD IN AR Y
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PARTII - Section1
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PUBLISHEDBY AUTHORITY
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No.5)
~~,~, ~ 20, 2006/ ~ 30,1927
NEWDEUII, FRIDAY,JANUARY20,2006/PAUSA30,1927
~ 'WT"iff1R ~ ~ <ft\1fRftt ~ ~ ~ 0I'ffi ~ q1-~ "ifWI "".~ I
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAWANDJUSTICE
(Legislative Department)
"
Ne'fYDelhi, the 20th J~~'f(;lry, 20061Pausa 30, 1927 (Saka)
The following Act of Parliament received the assent of the President on the
20th January;2006 and is hereby publishedfor general information:-
THE COMMISSIONS FOR PROTECTION OF
CHILDRIGH I' 5
No. 4 o!l~~~:!~~\t"
" "~""..'" n (20th January, ,2006,]
An Act to provid~ for the constitution of a National Commission and State
Commissions for Protection of Child RigQ.tsandChildren's Courts for
providingspeedytrialof offencesagainstchilqrenor ofviolation of child
rightsandformattersconnectedtherewithor incidentalthereto.
/:','::' :,":\' Ii.
WHEREXSIndia participate<i'inthe United Nations (UN) General Assembly Summit in
1990, which adopted a Declaration on Surviva~,Protection and Development of Children;
ANDWHEREASIndia has also acceded to the Convention on the Rights of the Child
(CRC)'onthe llthDecember, 1992; '.
ANDWHEREASCRt is an h1temational treaty that makes it incumbent \lpon the signatory
States to take all necessary steps to protect children's rig~ts enumerated in the Convention;
ANDWHEREASin order to ensure protection of rights of children one of the recent
initiatives that the Govemmenthav~ taken for Childrenls'the adoption of National Charter
for Children, 2003; ,
.....
I..'Short title,
extent and
commencement
Definitions.
"
Constitution
of National
Commission
for
Protection of
Child Rights,
,
\
,
2 THE GAZEITE OF INDIAEXTRAORDINARY [PARTIIAND WHEREASthe UN General Assembly Special Session on Children held in
May, 2002 adopted an Outcome Document ti*d "A World Fit for Children" containing the
goals, objectives, strategies and activities to be undertaken by the member countries for the
current decade; ;if
ANDWHEREASit is expedient to enact~::J~w relat~,gto chil~rento give effect to the
policies adopted by the Govemmentin this regard, standards prescribed in the CRC, and all
other relevant internationalinstruments; , '
BE it enacted by Parliament in the Fifty-sixth Year of the Republic ofIndia as follows:-
, .,',,
CHAPTER I
PRELIMINARY
1. (1) Thi~Act may be called the Commissrons for Protection of Child Rights Act, 2005.
(2) It extends to the whole ofIndia except the State of Jammu and Kashmir.
(3) 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,-
(a) "Chairperson" means the Chairperson of the Commission or of the State
Commission, as the ,case may be;
(b) "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 ofIndia on the 11th December, 1992;
(c) "Commission" means the National Commission for Protection of Child Rights
constituted under section 3;
(d) "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 Official Gazette;
(j) "prescribed" means prescribed by rules made under this Act;
(g) "State Commission" means a State Commission for Protection of Child Rights
constituted under section 17.
CHAPTER II
THENATIONALCOMMISSIO)'j, OFCHILDRIGHTS
3. (1) The Central Governmentshall, by n~ . '" n, constitute. a body to be known as
the National Commission (or Protection...Qf£liijjiRii_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) a Chairperson who is a penlon of eminehce and has done outstanding work
for promoting the welfare of children;'and, .
.~ :.(b) six Members, out of which at leasttwo sl1all be women, from the following,
fieki~, to be appointed by the Central Government from amongst persons of eminence,
", .
ability,integrity,standingand experience ip,~' .,
(I) educa~!on; '.: ','
(ii) child health, care, welfare ~r child development;
(ii/) juvenil.ejustice or care of neglected or marginalized children or children
":'; with disabiliti~s; " ,','
. ,
(iv) elimination of child labour or children in distress;
(v) child psychology or sociology;anq
(vi) laws relating to children.
(3) The office of the Commission shall be at Delhi.
~,
1
*
i
,.-
I""SEC.1] THE GAZETIE OF INDIAEXTRAORDINARY
4. 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 the Chairmanship
of the Minister in-charge ofthe Ministry of Human Resource Development.
5. (1) The Chairperson and every Member shall hold office as such for a term of three
years trom the date on which he assumes office:
Provided that no Chairperson or aMember shall hold the office for more than two terms:
Provided furtPer that no Chairperson or any other Member shall hold office as such
after he has attained;-
f .
(a) in the case of the Chairperson, the age of sixty-five years; and
(b) in the case ofa 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. 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:
3
Appointment
of
Chairperson
and Members.
Term of
office and.
conditionsof
service of
Chairperson
and Members.
Salaryand
allowancesof
Chairperson
Provided that neither the salary and allowances nor the other terms and conditions of and Members.
service of the Chairperson or a Member, as the case may be, shall be varied to his disadvantage
after his appointment.
7. (1) Subject to the provisions of sub-section (2), the Chairperson may be removed
trom his office by an order of the Central Government on the' ground of proved misbehaviour
or incapacity.
(2) Notwithstanding anything contained in sub-section (1), the Central Government
may by order remove nom office the Chairperson or any other Member, if the Chairperson or,
as the case may be, such other Member,-
(a) is adjudged an insolvent; or
. (b) engages during his term of office '!"
,
.
.
anl'.p.~
.
Y
.
'~
,
f a
,
id e
,
' mployment outside the duties
ofhisoffice;orl",d'IM~I~,.
(c) refuses to act o~ becomes inc!,!'..~~!~! ~ting;.;or_..
. (d) is of unsound 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
(Itis convicted and sentenced to impt:isonmen~ for an offence. which in the
opiniol\~e Central Government involvesmoralturpitude; or -
(g) is, without obtaining leave of absence ftom the Commission, absent from
three consecutive meetings of the Commission.
(3) No person shall be removed under this section until that person has been given an
opportunity of being heard in the matter.
8. (1) If the Chairperson or, as the case may be, a Member, -
(a) becomes subject to any of the disqualifications mentioned in section 7; or
(b) tenders his resignation under sub-section (2) of section 5,
his seat shall thereupon become vacant.
..........
I.' C.
Removal
from office.
Vacationof
office by
Chairperson
or Member.Vacancies,
etc" not to
invalidate
proceedings
of
Commission,
4 THE GAZETTEOF INDIAEXTRAORDINARY [PARTIl-
(2) Ifacasual vacancy occurs in the office of the 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 appointed shall hold office for the remainder of the term of office for which
the Chairperson, or a Member, as the case may be, in whose place he is so appointed would
have held that office.' .
9. No act or proceeding of the Commission shall,be invalid merely by reason of-
(~) any vacancy in, or any defect in the constitution of, the Commission; or
(b)\any defect in the appointment of a person as the Chairperson or a
Member; q..
!'
(c) any irregularity in the procedure of the Commission not affecting the merits
of the case.
Procedurefor 10.(J) The Commissionshallmeetregularlyat itsofficeat suchtimeas theChairperson
t
b
ransaction of thinks fit, but three months shall not intervene between its last and the next meeting.
usmess.
"
MemberSecretary,
officersand
other'
employeesof
Commission,
Salaries and
allowances to
be paid out of
grants.
(2) 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.
(3) Iffor 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.
(4)'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
CentralGovernment.
- ,
(5) All orders and decisions of theCommissionshall be authenticatedby the MemberSecretary or any other officer of the Commi~~f~&)f,.authorised by Member-Secretaryin
thisbehalf. . '.
.~J:Atit !t!:
, 11. (1) The Centrar Government"S!iaIt6y n tftcati6fi: appoint an officer not below
the rank of the Joint Secretary or the Additional Secretary to the GovernmentofIndia as a
Member-Secretary of the Commission and shall make available to.the Commission such
other officersand employeesasmay be necessaryfoi-the efficientperformanceof its functions.
(2) j'J},eMember-Secr~tMyshall be responsibJe'~foTthe proper ad~inistration of the
affairs orthe Commission and its day-to-day' ni~~gemeniand sh~lI exercise and discharge
such other powers and perform such other d~ties as may be prescribed by the Central
I ' ' .
Government. 'I "',
(3) The salary and ~llowances payable to; andithe other terms and conditions of
service of the Member-Secretary, other officers and' employees, appointed for the purpose of
the Commission shall be such as may be prescribed by the Central Government.
12. The salaries ani;l allowances payabJe to' the Chairperson aQd Members and the
administrative expenses, inGluding sal~ries, allowances and pensions payable to the MemberSecretary, other officers and emph;>yeesreferred to in section 11, shall be paid out of the
grants referred to in sub-section (1) of section 27.
r_.
tf-tlSEC.1] THE GAZETTEOF INDIAEXTRAORDINARY
CHAPTERill
5 of 1908.
FUNCTIONS AND POWERS OF THE COMMISSION
13. (1) The Commission shall perform all or any of the following functions, namely:-
(a) 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 for their
effectiveimplementation; .
(b) present to the Central Government, annually and at such other intervals, as
the Commission may deem fit, reports upon the working of those safeguards;
(c) inquire into violation of child rights and recommend initiation of proceedings
in such c~es;
\
(d) e~ine all factors that inhibit the enjoyment of rights of children affected by
terrorism, ~bmmunal violence, riots, natural disaster, domestic violence, HIV /AIDS,
trafficking: maltreatment, torture and exploitation, pornography and prostitution and
recommendappropriateremedialmeasures; .
(e) look into the matters relating to children in need of special care and protection
includingchildrenin distress,marginalizedanddisadvantagedchildren,childrenin ,
conflict with law, juveniles, children without family and children of prisoners and
recommend appropriate remedial measures;
(j) 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 best interest of children;
(g) undertake and promote research in the field of child rights;
(h) spread child rights literacy among various sections of the society and promote
.awareness of 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, under the control of the Central
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
treatment, reformation or protection and take up with these authoritIes for remedial
action, if found ~ecessary;
(j) inquireintocomplaintsand~~~otice ofmattersrelatingto,-
(0 deprivationandviolati~~J!~~rll~~~;- ~
(il) non-implementation oflaws providing for protection and development
of children;
(iil) non-compliance of policy decisions, guidelines or instructions aimed
at,mitigating hardships to and ensuring welfare of the children and to provide
relief to such children,
.,;
or tak6Up 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)1"he Commission shall, while inquiring into any matter referred to in clause (J) of
sub-section'(1) of section 13 have all the powers of a civil court trying a suit under the Code
of Civil Procedure, 1908 and, in particular, in respect ofth~ following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him
on oath;.
(b) discovery and production of any document;
t:'-4ffr
5
Functions of
Commission.
Powers
relating to
inquiries.Steps after
inquiry.
Annual and
. special
reports of
Commission.
~
Constitution
of State
Commission
for
Protection of
ChildRights.
6 THE GAZEITE OF INDIAEXTRAORDINARY [PARTll-
(c) receiving evidence on affidavits;
(d) 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 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.
IS. The Commission may take any of the following steps upon the completion of an
inquiry held under this Act, namely :- .
(l) where the inquiry discloses, the Commission of violation of child rights of a
serious ri~ure or contravention of provisions of any law for the time being in force, it
mayrecoinmend to the concerned Governmentor,a~oritythe initiation ofproceedings
. for prosecution or such other action as the Commission may deem fit against.the
concerned person or persons;
(il) approach the Supreme Court or the High Court concerned for such direction!;,
orders or writs as that Court may deem necessary;
(iii) recommend to the concerned Government or authority for the grant of such
interim relief to the victim or the members of his family as the Commi!ision may consider
necessary.
16. (1) The Commission shall submit an annual report to the Central Government and .
to the State Government concerned and may at any time submit special reports on any matter
which, in its opinion, is of such urgency or importance that it should not be deferred till
. submission of the annual report.
. (2) The Central Government and the State Government 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 Legis,lature 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.
(3) The annual report shall be prepared in such form, manner and contain such details
as may be prescribed by the Central GovernJ.t1~i!t,~m!~,'iW"
".';
CHAFfER IV,
"~""~ ~"" .."'"
STATE COMMISSIONS FOR PROTECTION OF CHILD RlGHTS
17. (1)A StateGovernmentmay constitutea 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 Comm~;ss~onunder this Chapter.
(2) XJ1e.State Commission shall consist of the followiQg Members, namely: -
'... .
(0) a Chairpersonwho is a person of eminef!.ceand has done outstandingwork
for promotingthe welfare of children; and ,'. "
(b) six Members, out of which at,least two shall ~ women, from the following
fields, to be appointed by the State Government from amongst persons of eminence,
abilj,ty,integrity,standing and e~periencein,~ '
,: '
(i) education;
(if) child health, care, welfare or child development;
. .
(iil) juvenile justice or care of neglected or marginalized children or children
with disabilities;
t:-'49 ' .
" .SEC.1] THE GAZETIE OF INDIAEXTRAORDINARY
(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.The StateGovern.mentshall,by notification,appointthe Chairpersonandother
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-char~ of the Departmentdealing with children. .
19. (1) The Chairpe,rson and every Member shall hold office as such for a term ofthree
years ITomthe 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-
(0) 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. 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. (I) 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
.necessaryforthe efficient~ :rformanceof 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. , rcise and discharge such
other powers and.perform such other dutiesas may'be presc" . ' by the State Government.
(3) The salary and allowan..£.espayable tQ...~.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. 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 ePlployees referred to in section 21, shall be paid out of the gran~s referred
. to in sub-section (1)~f section28. '
23. (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 reportsreJerred, to in sub-section (1) to be
laid before each H9use of State Legislature, where it consists of two Houses, or where such
Legislature consists 'of one House, before that House along with a memorandum~xplaining
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
asmaybe prescribedbytheStateGovernment. " .
t:.~
7
Appointment
of
Chairperson
and other
Members.
Term of
office and
conditions of
service of
Chairperson
and Members.
Salary and
allowances of
Chairperson
and Members.
Secretary,
officers and
other
employees of
the State
Commission.
Salariesand
allowancesto
be paid out of
grants.
Annualand
special
reports of
State
Commission.Application
of certain
provisions
relating to
National
Commission
for
Protection of
Child Rights
to State
Commissions.
Children's
Courts,
Special Public
Prosecutor,
\
Grants by
Central
Government.
Grants by
State
Governments',
Accounts and
audit of
Commission.
8 THE GAZETTEOF INDIAEXTRAORDINARY [PARTII-
24. The provisions of sections7,8,9,10, 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. 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 sai4 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. '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. (1) The Central Government shall, after due appropriation made by Parliament by
law in this behalf, pay to the Commission'~ "~. ts such sumsof moneyas the
Central Government may think fit for being utilised" or e purposes of this Act.
- -~"~~':;;"'~'."-""-
(2) The Commission may spend sucl1sums 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. (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 $uch sums of money as the State
GovernmenHhay 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
payableoutof the grantsreferredto insub-section(1). "
OJ,
29. (1) The Commission shall maintain proper accounts and other relevant records and
prepare aI\"iUlnualstatement of accounts in such form as may be prescribed by the Central
Government in consultation with the Comptroller and Auditor-General ofIndia.
(2) The accounts of the Commission shall be audited by the Comptroller and AuditorGeneral 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.
r;.rSEC.I] THE GAZETTEOF INDIAEXTRAORDINARY
(3) The Comptroller and Aud,itor-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 AuditorGeneral or any other person appointed by him in this behalf, together with the audit report
thereon shall be forwarded annuallyto the Central Governmentby the Commissionand the
Central Governmept shall cause the audit report to be laid, as soon as may be after it is
received,beforeeacbHouseofParliament. .
'j
30. (1) The SUiteCommission 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 con~ultation with the Comptroller and Auditor-General ofIndia.
(2) The accounts of the State Commission shall be audited by the ColTlptroller 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
andAuditor-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 AuditorGeneral 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.
45 of 1860.
CHAPTERvn . .
""~~ill~!ttLf~~"
MISCELLANEOUS ,"'
31. ,No suit, prosecution or other legaT~~e~~1fi"snaIHie 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 ma(ie thereunder
or in respect of the publication by or under the authority of the Central Government, State
Government, eotnmission, or the State Commission of any report or paper.
...
32. Every Member of the Commission, State Commission and every officer appointed
in the Commission or the State Commission to exercise functions under this Act shall be
deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
33. (1) In the discharge of its functions under this Act, the Commission shall be
guided by suth' 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.
0" ..
,. .A
,.. ~1
9
Accounts and
audit of State
Commission.
Protection of -_.
action taken
in good faith.
Chairperson,
Members and
other officers
to be public
servant.
Directions by
Central
Government.10 THE GAZETTEOF INDIAEXTRAORDINARY [PARTITReturns or
information.
34. The Commission shall furnish to the Central Government such returns or other
informationwith respect to its activities as the Central Governmentmay, from time to time,
require.
Powerof 35. (1) The Central Government may, by notification, make rules to carry out the
Central provisions of this Act.
Government
to makerules. (2) In particular,and without prejudiceto the generalityof the foregoingpower, such
rules may provide for aHor any of the followingmatters, namely:-
(a) terms and conditions of service of the Chairperson and Members of the
Commissionand their salaries and allowancesunder section 6;
(b) th~ procedure to be followed by the Commission in the transaction of its
business at ~meeting under sub-section (4) of section 10;
..
(e) the powersand dutieswhichmaybe exercisedandperformedby the MemberSecretary ofthe Commissionunder.sub-section (2) of section 11; .
(d) the salary and allowances and other terms and conditions of service of
officers and other employeesof the Commissionunder 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 underthat rule. .
\ Powerof 36. (1) The StateGovernmentmay,by notification,makerulesto carryoutthe provisions
. State of this Act.
Government
to make rules.
(2) In particular,and without prejudicet0~lg~lity of the foregoingpower,such
rules may provide for all or any of the followingmatters, namely:-
.' (a) terms and conditionsof serviceo~~ii1ij)ersO1fand Members'ofthe State
Commissionand their salaries and allowancesunder"section 20;
(b) the procedure to be followedby,the State Commission in the transaction of
its business at a meeting under sub-section (4) ofsection 10 read with section 24;
,,",'
(c) the powers and duties which may be exercised and performed by the Secretary
of the stateCommission under sub-section (2) of section 21;
(d) the salary and allowances and other tetms 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 COmmissionunder 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 mad~..before each House of the State Legi~lature where it consists of two
Houses, or where such State Legislature consists of one .H~~se, before that House.
t:te
"!"
SEC.1] THE GAZETTEOF INPIA EXTRAORDINARY II
37. (1) Ifany difficulty arises in giving effect to the provisions of this Act, the Central
Gov.ernment may, by order published in the Official Gazette, make such provisions, not
inconsistent with the provisions ofthis 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.
Power to
remove
difficulties.
(2) Every order made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament.
T.K. VISWANATHAN,
Secy. to the Govt: of India.
~
.:.. ':--
or
'.' ..
PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 2006.
MGIPRMND--5068GI{S-3}-23.01.2006.
,. ""c "
t:--
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