Search Results on rules for query: "Child "
Related Section(s)(a) Whoever, being a police officer, commits sexual assault on a
child--
(i) within the limits of the police station or premises where he is appointed; or (ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or (iii) in the course of his duties or otherwise; or (iv) where he is known as, or identified as a police officer; or (b) whoever, being a member of the armed forces or security forces, commits sexual assault on a child-- (i) within the limits of the area to which the person is deployed; or (ii) in any areas under the command of the security or armed forces; or (iii) in the course of his duties or otherwise; or (iv) where he is known or identified as a member of the security or armed forces; or (c) whoever being a public servant commits sexual assault on a child; or (d) whoever being on the management or on the staff of a jail, or remand home or protection home or observation home, or other place of custody or care and protection established by or under any law for the time being in force commits sexual assault on a child being inmate of such jail or remand home or protection home or observation home or other place of custody or care and protection; or (e) whoever being on the management or staff of a hospital, whether Government or private, commits sexual assault on a child in that hospital; or (f) whoever being on the management or staff of an educational institution or religious institution, commits sexual assault on a child in that institution; or (g) whoever commits gang sexual assault on a child. Explanation.-- when a child is subjected to sexual assault by one or more persons of a group in furtherance of their common intention, each of such persons shall be deemed to have committed gang sexual assault within the meaning of this clause and each of such person shall be liable for that act in the same manner as if it were done by him alone; or (h) whoever commits sexual assault on a child using deadly weapons, fire, heated substance or corrosive substance; or (i) whoever commits sexual assault causing grievous hurt or causing bodily harm and injury or injury to the sexual organs of the child; or (j) whoever commits sexual assault on a child, which-- (i) physically incapacitates the child or causes the child to become mentally ill as defined under clause (l) of section 2of the Mental Health Act, 1987 (14 of 1987) or causes impairment of any kind so as to render the child unable to perform regular tasks, temporarily or permanently; or (ii) inflicts the child with Human Immunodeficiency Virus or any other life threatening disease or infection which may either temporarily or permanently impair the child by rendering him physically incapacitated, or mentally ill to perform regular tasks; or (k) whoever, taking advantage of a childs mental or physical disability, commits sexual assault on the child; or (l) whoever commits sexual assault on the child more than once or repeatedly; or (m) whoever commits sexual assault on a child below twelve years; or (n) whoever, being a relative of the child through blood or adoption or marriage or guardianship or in foster care, or having domestic relationship with a parent of the child, or who is living in the same or shared household with the child, commits sexual assault on such child; or (o) whoever, being in the ownership or management or staff, of any institution providing services to the child, commits sexual assault on the child in such institution; or (p) whoever, being in a position of trust or authority of a child, commits sexual assault on the child in an institution or home of the child or anywhere else; or (q) whoever commits sexual assault on a child knowing the child is pregnant; or (r) whoever commits sexual assault on a child and attempts to murder the child; or (s) whoever commits sexual assault on a child in the course of 1[ communal or sectarian violence or during any natural calamity or in any similar situations]; or (t) whoever commits sexual assault on a child and who has been previously convicted of having committed any offence under this Act or any sexual offence punishable under any other law for the time being in force; or (u) whoever commits sexual assault on a child and makes the child to strip or parade naked in public, is said to commit aggravated sexual assault. 2[(v) whoever persuades, induces, entices or coerces a child to get administered or administers or direct anyone to administer, help in getting administered any drug or hormone or any chemical substance, to a child with the intent that such child attains early sexual maturity.]
1. Subs. by Act 25 of 2019, s. 6, for "communal or sectarian violence" (w.e.f. 16-08-2019).
2. Ins. by s. 6, ibid. (w.e.f. 16-08-2019).
A person is said to commit "penetrative sexual assault" if--
(a) he penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a child or makes the child to do so with him or any other person; or (b) he inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or makes the child to do so with him or any other person; or (c) he manipulates any part of the body of the child so as to cause penetration into the vagina, urethra, anus or any part of body of the child or makes the child to do so with him or any other person; or (d) he applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do so to such person or any other person. (a) Whoever, being a police officer, commits
penetrative sexual assault on a child --
(i) within the limits of the police station or premises at which he is appointed; or (ii) in the premises of any station house, whether or not situated in the police station, to which he is appointed; or (iii) in the course of his duties or otherwise; or (iv) where he is known as, or identified as, a police officer; or (b) whoever being a member of the armed forces or security forces commits penetrative sexual assault on a child-- (i) within the limits of the area to which the person is deployed; or (ii) in any areas under the command of the forces or armed forces; or (iii) in the course of his duties or otherwise; or (iv) where the said person is known or identified as a member of the security or armed forces; or (c) whoever being a public servant commits penetrative sexual assault on a child; or (d) whoever being on the management or on the staff of a jail, remand home, protection home, observation home, or other place of custody or care and protection established by or under any law for the time being in force, commits penetrative sexual assault on a child, being inmate of such jail, remand home, protection home, observation home, or other place of custody or care and protection; or (e) whoever being on the management or staff of a hospital, whether Government or private, commits penetrative sexual assault on a child in that hospital; or (f) whoever being on the management or staff of an educational institution or religious institution, commits penetrative sexual assault on a child in that institution; or (g) whoever commits gang penetrative sexual assault on a child. Explanation.-- When a child is subjected to sexual assault by one or more persons of a group in furtherance of their common intention, each of such persons shall be deemed to have committed gang penetrative sexual assault within the meaning of this clause and each of such person shall be liable for that act in the same manner as if it were done by him alone; or (h) whoever commits penetrative sexual assault on a child using deadly weapons, fire, heated substance or corrosive substance; or (i) whoever commits penetrative sexual assault causing grievous hurt or causing bodily harm and injury or injury to the sexual organs of the child; or (j) whoever commits penetrative sexual assault on a child, which-- (i) physically incapacitates the child or causes the child to become mentally ill as defined under clause (l) of section 2 of the Mental Health Act, 1987 (14 of 1987) or causes impairment of any kind so as to render the child unable to perform regular tasks, temporarily or permanently; 1*** (ii) in the case of female child, makes the child pregnant as a consequence of sexual assault; (iii) inflicts the child with Human Immunodeficiency Virus or any other life threatening disease or Infection which may either temporarily or permanently impair the child by rendering him physically incapacitated, or mentally ill to perform regular tasks; 1*** 2[(iv) causes death of the child; or] (k) whoever, taking advantage of a child's mental or physical disability, commits penetrative sexual assault on the child; or (l) whoever commits penetrative sexual assault on the child more than once or repeatedly; or (m) whoever commits penetrative sexual assault on a child below twelve years; or (n) whoever being a relative of the child through blood or adoption or marriage or guardianship or in foster care or having a domestic relationship with a parent of the child or who is living in the same or shared household with the child, commits penetrative sexual assault on such child; or (o) whoever being, in the ownership, or management, or staff, of any institution providing services to the child, commits penetrative sexual assault on the child; or (p) whoever being in a position of trust or authority of a child commits penetrative sexual assault on the child in an institution or home of the child or anywhere else; or (q) whoever commits penetrative sexual assault on a child knowing the child is pregnant; or (r) whoever commits penetrative sexual assault on a child and attempts to murder the child; or (s) whoever commits penetrative sexual assault on a child in the course of 3[communal or sectarian violence or during any natural calamity or in similar situations]; or (t) whoever commits penetrative sexual assault on a child and who has been previously convicted of having committed any offence under this Act or any sexual offence punishable under any other law for the time being in force; or (u) whoever commits penetrative sexual assault on a child and makes the child to strip or parade naked in public, is said to commit aggravated penetrative sexual assault.
1. The word or omitted by Act 25 of 2019, s. 4 (w.e.f. 16-08-2019).
2. Ins. by s. 4, ibid (w.e.f. 16-08-2019).
3. Subs. by Act 25 of 2019, s. 4, for communal or sectarian violence (w.e.f. 16-08-2019).
(1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974) any person (including the child), who has apprehension that an offence under
this Act is likely to be committed or has knowledge that such an offence has been committed, he shall
provide such information to,--
(a) the Special Juvenile Police Unit; or (b) the local police. (2) Every report given under sub-section (1) shall be-- (a) ascribed an entry number and recorded in writing; (b) be read over to the informant; (c) shall be entered in a book to be kept by the Police Unit. (3) Where the report under sub-section (1) is given by a child, the same shall be recorded under subsection (2) in a simple language so that the child understands contents being recorded. (4) In case contents are being recorded in the language not understood by the child or wherever it is deemed necessary, a translator or an interpreter, having such qualifications, experience and on payment of such fees as may be prescribed, shall be provided to the child if he fails to understand the same. (5) Where the Special Juvenile Police Unit or local police is satisfied that the child against whom an offence has been committed is in need of care and protection, then, it shall, after recording the reasons in writing, make immediate arrangement to give him such care and protection including admitting the child into shelter home or to the nearest hospital within twenty-four hours of the report, as may be prescribed. (6) The Special Juvenile Police Unit or local police shall, without unnecessary delay but within a period of twenty-four hours, report the matter to the Child Welfare Committee and the Special Court or where no Special Court has been designated, to the Court of Session, including need of the child for care and protection and steps taken in this regard. (7) No person shall incur any liability, whether civil or criminal, for giving the information in good faith for the purpose of sub-section (1). (1) A Special Court may take cognizance of any
offence, without the accused being committed to it for trial, upon receiving a complaint of facts which
constitute such offence, or upon a police report of such facts.
(2) The Special Public Prosecutor, or as the case may be, the counsel appearing for the accused shall, while recording the examination-in-chief, cross-examination or re-examination of the child, communicate the questions to be put to the child to the Special Court which shall in turn put those questions to the child. (3) The Special Court may, if it considers necessary, permit frequent breaks for the child during the trial. (4) The Special Court shall create a child-friendly atmosphere by allowing a family member, a guardian, a friend or a relative, in whom the child has trust or confidence, to be present in the court. (5) The Special Court shall ensure that the child is not called repeatedly to testify in the court. (6) The Special Court shall not permit aggressive questioning or character assassination of the child and ensure that dignity of the child is maintained at all times during the trial. (7) The Special Court shall ensure that the identity of the child is not disclosed at any time during the course of investigation or trial: Provided that for reasons to be recorded in writing, the Special Court may permit such disclosure, if in its opinion such disclosure is in the interest of the child. Explanation.--For the purposes of this sub-section, the identity of the child shall include the identity of the child's family, school, relatives, neighbourhood or any other information by which the identity of the child may be revealed. (8) In appropriate cases, the Special Court may, in addition to the punishment, direct payment of such compensation as may be prescribed to the child for any physical or mental trauma caused to him or for immediate rehabilitation of such child. (9) Subject to the provisions of this Act, a Special Court shall, for the purpose of the trial of any offence under this Act, have all the powers of a Court of Session and shall try such offence as if it were a Court of Session, and as far as may be, in accordance with the procedure specified in the Code of Criminal Procedure, 1973 (2 of 1974) for trial before a Court of Session. (1) wherever
necessary, the Court may take the assistance of a translator or interpreter having such qualifications,
experience and on payment of such fees as may be prescribed, while recording the evidence of the child.
(2) If a child has a mental or physical disability, the Special Court may take the assistance of a special educator or any person familiar with the manner of communication of the child or an expert in that field, having such qualifications, experience and on payment of such fees as may be prescribed to record the evidence of the child. Subject to the proviso to section 301 of
the Code of Criminal Procedure, 1973 (2 of 1974) the family or the guardian of the child shall be entitled
to the assistance of a legal counsel of their choice for any offence under this Act:
Provided that if the family or the guardian of the child are unable to afford a legal counsel, the Legal Services Authority shall provide a lawyer to them. (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- 1[(a) the manner of deleting or destroying or reporting about pornographic material in any form involving a child to the designated authority under sub-section (1) of section 15; (aa) the manner of reporting about pornographic material in any form involving a child under sub-section (2) of section 15;] 2[(ab)] the qualifications and experience of, and the fees payable to, a translator or an interpreter, a special educator or any person familiar with the manner of communication of the child or an expert in that field, under sub-section (4) of section 19; sub-sections(2) and (3) of section 26 and section 38; (b) care and protection and emergency medical treatment of the child under sub-section (5) of section 19; (c) the payment of compensation under sub-section (8) of section 33; (d) the manner of periodic monitoring of the provisions of the Act under sub-section (1) of section44. (3) Every rule made under this section 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.
1. Ins. by Act 25 of 2019, s. 11 (w.e.f. 16-08-2019).
2. Clause (a) re-lettered as clause (ab) thereof by Act 25 of 2019, s. 11 (w.e.f. 16-08-2019). Whoever, with sexual intent touches the vagina, penis, anus or breast of the child
or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any
other act with sexual intent which involves physical contact without penetration is said to commit sexual
assault.
(1) The Magistrate or the police
officer, as the case may be, shall record the statement as spoken by the child in the presence of the parents
of the child or any other person in whom the child has trust or confidence.
(2) Wherever necessary, the Magistrate or the police officer, as the case may be, may take the assistance of a translator or an interpreter, having such qualifications, experience and on payment of such fees as may be prescribed, while recording the statement of the child. (3) The Magistrate or the police officer, as the case may be, may, in the case of a child having a mental or physical disability, seek the assistance of a special educator or any person familiar with the manner of communication of the child or an expert in that field, having such qualifications, experience and on payment of such fees as may be prescribed, to record the statement of the child. (4) Wherever possible, the Magistrate or the police officer, as the case may be, shall ensure that the statement of the child is also recorded by audio-video electronic means. (1) The medical examination of a child in respect of whom
any offence has been committed under this Act, shall, notwithstanding that a First Information Report or
complaint has not been registered for the offences under this Act, be conducted in accordance with
section 164A of the Code of Criminal Procedure, 1973 (2 of 1973).
(2) In case the victim is a girl child, the medical examination shall be conducted by a woman doctor. (3) The medical examination shall be conducted in the presence of the parent of the child or any other person in whom the child reposes trust or confidence. (4) Where, in case the parent of the child or other person referred to in sub-section (3) cannot be present, for any reason, during the medical examination of the child, the medical examination shall be conducted in the presence of a woman nominated by the head of the medical institution. | ||||||||||||||||
Related Section(s)(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 afore said, 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 with out prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)1[Short title, extent, application and commencement].--(1) This Act may be called the Right of
Children to Free and Compulsory Education Act, 2009.
(2) It shall extend to the whole of India 2***. (3) It shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint. 4[(4) Subject to the provisions of articles 29 and 30 of the Constitution, the provisions of this Act shall apply to conferment of rights on children to free and compulsory education. (5) Nothing contained in this Act shall apply to Madrasas, Vedic Pathsalas and educational institutions primarily imparting religious instruction.]
1. Subs. by Act 2 of 2018, s. 3 and The Second Schedule, for "the marginal heading" (w.e.f. 5-1-2018).
2. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019). 3. 1st April, 2010, vide notification No. S.O. 428(E), dated 16th February, 2010, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 4. Ins. by Act 30 of 2012, s. 2 (w.e.f. 1-8- 2012). | ||||||||||||||||
Related Section(s)(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 afore said, 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 with out prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)1[1. Short title, extent and commencement.--(1) This Act may be called 2[the Child and Adolescent
Labour (Prohibition and Regulation) Act, 1986].
(2) It extends to the whole of India. (3) The provisions of this Act, other than Part III, shall come into force at once, and Part III shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States and for different classes of establishments.]
1. Subs. by Act 35 of 2016, s. 2, for the long title (w.e.f. 1-9-2016).
2. Subs. by s. 4, ibid., for "the Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986)" (w.e.f. 1-9-2016). 3. 26th May, 1993, vide notification No. S.O. 333(E), dated 26th March, 1993, see Gazette of India, Extraordinary, Part II, sec. 3(ii). | ||||||||||||||||
Related Section(s)(1) The appropriate Government may, by
notification, make rules, for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: (a) the manner of giving special training and the time-limit thereof, under first proviso to section 4; (b) the area or limits for establishment of a neighbourhood school, under section 6; (c) the manner of maintenance of records of children up to the age of fourteen years, under clause (d) of section 9; (d) the manner and extent of reimbursement of expenditure, under sub-section (2) of section 12; (e) any other document for determining the age of child under sub-section (1) of section 14; (f) the extended period for admission and the manner of completing study if admitted after the extended period, under section 15; 1[(fa) the manner and the conditions subject to which a child may be held back under sub-section (3) of section 16;] (g) the authority, the form and manner of making application for certificate of recognition, under sub-section (1) of section 18; (h) the form, the period, the manner and the conditions for issuing certificate of recognition, under sub-section (2) of section 18; (i) the manner of giving opportunity of hearing under second proviso to sub-section (3) of section 18; (j) the Other functions to be performed by School Management Committee under clause (d) of sub-section (2) of section 21; (k) the manner of preparing School Development Plan under sub-section (1) of section 22; (l) the salary and allowances payable to, and the terms and conditions of service of, teacher, under sub-section (3) of section 23; (m) the duties to be performed by the teacher under clause (f) of sub-section (1) of section 24; (n) the manner of redressing grievances of teachers under sub-section (3) of section 24; (o) the form and manner of awarding certificate for completion of elementary education under sub-section (2) of section 30; (p) the authority, the manner of its constitution and the terms and conditions therefor, under sub-section (3) of section 31; (q) the allowances and other terms and conditions of appointment of Members of the National Advisory Council under sub-section (3) of section 33; (r) the allowances and other terms and conditions of appointment of Members of the State Advisory Council under sub-section (3) of section 34. (3) Every rule made under this Act and every notification issued under sections 20 and 23 by the Central Government 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 notification or both Houses agree that the rule or notification should not be made, the rule or notification 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 or notification. (4) Every rule or notification made by the State Government under this Act shall be laid, as soon as may be after it is made; before the State Legislatures.
1. Ins. by Act 1 of 2019, s. 2 (w.e.f. 1-3-2019).
| ||||||||||||||||
Related Section(s)1[Short title, extent, application and commencement].--(1) This Act may be called the Right of
Children to Free and Compulsory Education Act, 2009.
(2) It shall extend to the whole of India 2***. (3) It shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint. 4[(4) Subject to the provisions of articles 29 and 30 of the Constitution, the provisions of this Act shall apply to conferment of rights on children to free and compulsory education. (5) Nothing contained in this Act shall apply to Madrasas, Vedic Pathsalas and educational institutions primarily imparting religious instruction.]
1. Subs. by Act 2 of 2018, s. 3 and The Second Schedule, for "the marginal heading" (w.e.f. 5-1-2018).
2. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019). 3. 1st April, 2010, vide notification No. S.O. 428(E), dated 16th February, 2010, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 4. Ins. by Act 30 of 2012, s. 2 (w.e.f. 1-8- 2012). | ||||||||||||||||
Related Section(s)1[1. Short title, extent and commencement.--(1) This Act may be called 2[the Child and Adolescent
Labour (Prohibition and Regulation) Act, 1986].
(2) It extends to the whole of India. (3) The provisions of this Act, other than Part III, shall come into force at once, and Part III shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States and for different classes of establishments.]
1. Subs. by Act 35 of 2016, s. 2, for the long title (w.e.f. 1-9-2016).
2. Subs. by s. 4, ibid., for "the Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986)" (w.e.f. 1-9-2016). 3. 26th May, 1993, vide notification No. S.O. 333(E), dated 26th March, 1993, see Gazette of India, Extraordinary, Part II, sec. 3(ii). | ||||||||||||||||
Related Section(s)(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 afore said, 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 with out prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(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 afore said, 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 with out prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The State Government shall, by notification in the Official Gazette,
make rules to carry out the purposes of this Act:
Provided that the Central Government may, frame model rules in respect of all or any of the matters with respect to which the State Government is required to make rules and where any such model rules have been framed in respect of any such matter, they shall apply to the State mutatis mutandis until the rules in respect of that matter are made by the State Government and while making any such rules, they conform to such model rules. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:--- (i) manner of inquiry in case of a missing or run away child or whose parents cannot be found under sub-clause (vii) of clause (14) of section 2; (ii) responsibilities of the Child Welfare Officer attached to a Childrensgqtss Home under clause (17) of section 2; (iii) qualifications of the members of the Board under sub-section (2) of section 4; (iv) induction training and sensitisation of all members of the Board under sub-section (5) of section 4; (v) term of office of the members of the Board and the manner in which such member may resign under sub-section (6) of section 4; (vi) time of the meetings of the Board and the rules of procedure in regard to the transaction of business at its meeting under sub-section (1) of section 7; (vii) qualifications, experience and payment of fees of an interpreter or translator under clause (d) of sub-section (3) of section 8; (viii) any other function of the Board under clause (n) of sub-section (3) of section 8; (ix) persons through whom any child alleged to be in conflict with law may be produced before the Board and the manner in which such a child may be sent to an observation home or place of safety under sub-section (2) of section 10; (x) manner in which a person apprehended and not released on bail by the officer-in-charge of the police station may be kept in an observation home until such person is brought before a Board under sub-section (2) of section 12; (xi) format for information on pendency in the Board to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate and District Magistrate on quarterly basis under sub-section (3) of section 16; (xii) monitoring procedures and list of monitoring authorities under sub-section (2) of section 20; (xiii) manner in which the relevant records of the child may be destroyed by the Board, police or the court under sub-section (2) of section 24; (xiv) qualifications of the members of the Child Welfare Committee under sub-section (5) of section 27; 1[(xiva) the form of report submitted to the District Magistrate under sub-section (8) of Section 27;] (xv) rules and procedures with regard to transaction of business at the meetings of the Child Welfare Committee under sub-section (1) of section 28; (xvi) process of restoration of abandoned or lost children to their families under clause (x) of section 30; (xvii) manner of submitting the report to the Committee and the manner of sending and entrusting the child to Childrensgqtss Home or fit facility or fit person under sub-section (2) of section 31; (xviii) manner of holding an inquiry by the Child Welfare Committee under sub-section (1) of section 36; (xix) manner in which a child may be sent to a Specialised Adoption Agency if the child is below six years of age, Childrensgqtss Home or to a fit facility or person or foster family, till suitable means of rehabilitation are found for the child including manner in which situation of the child placed in a Childrensgqtss Home or with a fit facility or person or foster family, may be reviewed by the Committee under sub-section (3) of section 36; (xx) manner in which a quarterly report may be submitted by the Committee to the District Magistrate for review of pendency of cases under sub-section (4) of section 36; (xxi) any other order related to any other function of the Committee under clause (iii) of sub-section (2) of section 37; (xxii) information to be given every month by the Committee to State Agency and Authority regarding number of children declared legally free for adoption and number of cases pending under sub-section (5) of section 38; 1[(xxiia) the form of quarterly report regarding restored, dead and runaway children under sub-section (4) of Section 40;] (xxiii) manner in which all institutions under this Act shall be registered under sub-section (1) of section 41; (xxiv) procedure for cancelling or withholding registration of an institution that fails to provide rehabilitation and re-integration services under sub-section (7) of section 41; (xxv) manner in which information shall be sent every month by the open shelter to the District Child Protection Unit and Committee under sub-section (3) of section 43; (xxvi) procedure for placing children in foster care including group foster care under sub-section (1) of section 44; (xxvii) procedure for inspection of children in foster care under sub-section (4) of section 44; (xxviii) manner in which foster family shall provide education, health and nutrition to the child under sub-section (6) of section 44; (xxix) procedure and criteria in which foster care services shall be provided to children under subsection (7) of section 44; (xxx) format for inspection of foster families by the Committee to check the well being of children under sub-section (8) of section 44; (xxxi) purpose of undertaking various programmes of sponsorship of children, such as individual to individual sponsorship, group sponsorship or community sponsorship under sub-section (1) of section 45; (xxxii) duration of sponsorship under sub-section (3) of section 45; (xxxiii) manner of providing financial support to any child leaving institutional care on completing eighteen years of age under section 46; (xxxiv) management and monitoring of observation homes, including the standards and various types of services to be provided by them for rehabilitation and social integration of a child alleged to be in conflict with law and the circumstances under which, and the manner in which, the registration of an observation home may be granted or withdrawn under sub-section (3) of section 47; (xxxv) management and monitoring of special homes including the standards and various types of services to be provided to them under sub-section (2) and sub-section (3) of section 48; (xxxvi) monitoring and management of childrensgqtss homes including the standards and the nature of services to be provided by them, based on individual care plans for each child under sub-section (3) of section 50; (xxxvii) manner in which a Board or the Committee shall recognise, a facility being run by a Governmental organisation or a voluntary or non-governmental organisation registered under any law for the time being in force, fit to temporarily take the responsibility of a child for a specific purpose after due inquiry regarding the suitability of the facility and the organisation to take care of the child under sub-section (1) of section 51; (xxxviii) procedure of verification of credentials, for recognising any person fit to temporarily receive a child for care, protection and treatment of such child for a specified period by the Board or the Committee under sub-section (1) of section 52; (xxxix) manner in which services shall be provided by an institution under this Act for rehabilitation and re-integration of children and standards for basic requirements such as food, shelter, clothing and medical attention under sub-section (1) of section 53; (xl) manner in which Management Committee shall be set up by each institution for management of the institution and monitoring of the progress of every child under sub-section (2) of section 53; (xli) activities that may be taken up by childrensgqtss committees under sub-section (3) of section 53; (xlii) appointment of inspection committees for all institutions registered or recognised fit, for the State and district under sub-section (1) of section 54; (xliii) manner in which Central Government or State Government may independently evaluate the functioning of the Board, Committee, special juvenile police units, registered institutions, or recognised fit facilities and persons, including the period and through persons or institutions under sub-section (1) of section 55; (xliv) manner in which institutions shall furnish details of children declared legally free for adoption to the Specialised Adoption Agency under sub-section (2) of section 66; (xlv) any other function of the Authority under clause (e) of section 68; (xlvi) criteria for the selection or nomination of the Members of the Steering Committee of the Authority and their tenure as well as the terms and conditions of their appointment under sub-section (2) of section 69; (xlvii) manner in which Steering Committee of the Authority shall meet under sub-section (4) of section 69; (xlviii) manner in which the Authority shall submit an annual report to the Central Government under sub-section (1) of section 71; (xlix) functions of the Authority under sub-section (2) of section 72; (l) manner in which the Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts under sub-section (1) of section 73; (li) period that the Committee or Board may think necessary for the treatment of children who are found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment to a fit facility under section 92; (lii) procedure for transfer of child under sub-section (1) of section 95; (liii) provision for travelling allowance to the escorting staff for the child under sub-section (3) of section 95; (liv) procedure to be followed by the Committee or a Board while holding any inquiry, appeal or revision under sub-section (1) of section 103; (lv) manner in which juvenile justice fund shall be administered under sub-section (3) of section 105; (lvi) functioning of the Child Protection Society for the State and Child Protection Units for every district under section 106; (lvii) to enable the National Commission, or as the case may be, the State Commission to monitor implementation of the provisions of this Act under sub-section (1) of section 109; (lviii) any other matter which is required to be, or may be, prescribed. (3) Every rule and every regulation 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 regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation 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 or regulation. (4) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.
1. Ins. by Act 23 of 2021, s. 29 (w.e.f. 1-9-2022).
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Related Section(s)(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 afore said, 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 with out prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)1[1. Short title, extent and commencement.--(1) This Act may be called 2[the Child and Adolescent
Labour (Prohibition and Regulation) Act, 1986].
(2) It extends to the whole of India. (3) The provisions of this Act, other than Part III, shall come into force at once, and Part III shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States and for different classes of establishments.]
1. Subs. by Act 35 of 2016, s. 2, for the long title (w.e.f. 1-9-2016).
2. Subs. by s. 4, ibid., for "the Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986)" (w.e.f. 1-9-2016). 3. 26th May, 1993, vide notification No. S.O. 333(E), dated 26th March, 1993, see Gazette of India, Extraordinary, Part II, sec. 3(ii). |
