Sections Particulars
Chapter I Preliminary
1 Short title, extent and commencement
1.     This Act may be called the Commissions for Protection of Child Rights Act, 2005.2.     It extends to the whole of India except the State of Jammu and...
2 Definitions
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...
Chapter II The National Commission For Protection of Child Rights
3 Constitution of National Commission for Protection of Child Rights
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...
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 recommendati...
5 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 Chairp...
6 Salary 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 Cen...
7 Removal from office
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 pr...
8 Vacation of office by Chairperson or Members
1.     If the Chairperson or, as the case may be, a Member, -a.     becomes subject to any of the disqualifications mentioned in section 7; orb.    tenders h...
9 Vacancies, etc., not to invalidate proceedings of Commission
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; orb....
10 Procedure for transaction of business
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 an...
11 Member-Secretary, officers and other employees of Commission
1.     The Central Government shall, by notification, appoint an officer not below the rank of the Joint Secretary or the Additional Secretary to the Governm...
12 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...
Chapter III Functions and Powers of the Commission
13 Functions of Commission
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 ...
14 Powers relating to inquiries
1.     The 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 ...
15 Steps after inquiry
              i.        where the inquiry discloses, the Commission of violation of child rights of a serious nature or contravention of provisions of any l...
16 Annual and special reports of Commission
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 report...
Chapter IV State Commissions 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 po...
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...
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 Chairp...
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 St...
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 St...
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...
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 opin...
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 ...
Chapter V 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 ...
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 adv...
Chapter VI Finance, Accounts and Audit
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 mo...
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 ...
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...
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 pres...
Chapter VII Miscellaneous
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 Me...
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 sh...
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 purpos...
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 ti...
35 Power to 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 g...
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 gen...
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 ...
Have a Legal Issue?
Get connected to the Best Lawyers and Chartered Accountants Near You!