THE COMMISSIONS FOR PROTECTION OF CHILD RIGHTS ACT, 2005
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THE COMMISSIONS FOR PROTECTION OF CHILD RIGHTS ACT, 2005
Title : THE COMMISSIONS FOR PROTECTION OF CHILD RIGHTS ACT, 2005
Year : 2005
(1) 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.
(2) The 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 Central Government from amongst persons of eminence, ability, integrity, standing and experience in,-
(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 office of the Commission shall be at Delhi.
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 the1*[Minister in-charge of the Ministry or the Department of Women and Child Development].
(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 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, 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 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.
(1) Subject to the provisions of sub-section (2), the Chairperson may be removed from his office by an order of the Central Government on the ground of proved misbehaviour or incapacity.
(2) Notwithstanding anything contained in sub-section (1), the Central Government may by order remove from 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 in any paid employment outside the duties of his office; or
(c) Refuses to act or becomes incapable of acting; 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
(f) Is convicted and sentenced to imprisonment for an offence which 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 Commission.
(3) No person shall be removed under this section until that person has been given an opportunity of being heard in the matter.
(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.
(2) If a casual 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.
No act or proceeding of the Commission shall be invalid merely by reason of-
(a) 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; or
(c) Any irregularity in the procedure of the Commission not affecting the merits of the case.
(1) The Commission shall meet regularly at its office at such time as the Chairperson thinks fit, but three months shall not intervene between its last and the next meeting.
(2) 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) 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.
(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 Central Government.
(5) 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.
(1) The Central Government shall, by notification, appoint an officer not below the rank of the Joint Secretary or the Additional Secretary to the Government of India as a Member-Secretary of the Commission and shall make available to the Commission such other officers and employees as may be necessary for the efficient performance of its functions.
(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 Government.
(3) The salary and allowances payable to, and the 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.
The salaries and 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 referred to in section 11, shall be paid out of the grants referred to in sub-section (1) of section 27.
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