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Commissions for Protection of Child Rights Act, 2005 Complete Act

Title: Commissions for Protection of Child Rights Act, 2005

State: Central

Year: 2005

.....of Child Rights to State Commissions Chapter V Section25 - Childrens Courts Section26 - Special Public Prosecutor Chapter VI Section27 - Grants by Central Government Section28 - Grants by State Governments Section29 - Accounts and audit of Commission Section30 - Accounts and audit of State Commission Chapter VII Section31 - Protection of action taken in good faith Section32 - Chairperson, Members and other officers to be public servant Section33 - Directions by Central Government Section34 - Returns or information Section35 - Power of Central Government to make rules Section36 - Power of State Government to make rules Section37 - Power to remove difficulties Amending ActI - COMMISSIONS FOR PROTECTION OF CHILD RIGHTS ACT, 2005

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Commissions for Protection of Child Rights Act, 2005 Preamble 1

Title: Commissions for Protection of Child Rights Act, 2005

State: Central

Year: 2005

THE COMMISSIONS FOR PROTECTION OF CHILD RIGHTS ACT, 2005 [Act, No. 4 of 2006] [20th January, 2006] PREAMBLE An Act to provide for the constitution of a National Commission and State Commissions for Protection of Child Rights and Children's Courts for providing speedy trial of offences against children or of violation of child rights and for matters connected therewith or incidental thereto. WHEREAS India participated in the United Nations (UN) General Assembly Summit in 1990, which adopted a Declaration on Survival, Protection and Development of Children; AND WHEREAS India has also acceded to the Convention on the Rights of the Child (CRC) on the 11th December, 1992; AND WHEREAS CRC is an international treaty that makes it incumbent upon the signatory States to take all necessary steps to protect children's rights enumerated in the Convention; AND WHEREAS in order to ensure protection of rights of children one of the recent initiatives that the Government have taken for Children is the adoption of National Charter for Children, 2003; AND WHEREAS the UN General Assembly Special Session on Children held in May, 2002 adopted an Outcome Document titled "A World Fit.....

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Commissions for Protection of Child Rights Act, 2005 Section 15

Title: Steps After Inquiry

State: Central

Year: 2005

The Commission may take any of the following steps upon the completion of an inquiry held under this Act, namely :-- (i) where the inquiry discloses, the Commission of violation of child rights of a serious nature or contravention of provisions of any law for the time being in force, it may recommend to the concerned Government or authority the initiation of proceedings for prosecution or such other action as the Commission may deem fit against the concerned person or persons; (ii) approach the Supreme Court or the High Court concerned for such directions, 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 Commission may consider necessary.

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Prohibition of Child Marriage Act 2006 Complete Act

Title: Prohibition of Child Marriage Act 2006

State: Central

Year: 2006

.....for solemnising a child marriages Section11 - Punishment for promoting or permitting solemnization of child marriages Section12 - Marriage of a minor child to be void in certain circumstances Section13 - Power of court to issue injunction prohibiting child marriages Section14 - Child marriages in contravention of injunction orders to be void Section15 - Offences to be cognizable and non-bailable Section16 - Child Marriage Prohibition Officers Section17 - Child Mariage Prohibition Officers to be public servants Section18 - Protection of action taken in good faith Section19 - Power of State Government to make rules Section20 - Amendment of Act No. 20 of 1955 Section21 - Repeal and savings

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Prohibition of Child Marriage Act 2006 Section 16

Title: Child Marriage Prohibition Officers

State: Central

Year: 2006

.....as the State Government may direct; and (g) to discharge such other functions and duties as may be assigned to him by the State Government. (4) The State Government may, by notification in the Official Gazette, subject to such conditions and limitations, invest the Child Marriage Prohibition Officer with such powers of a police officer as may be specified in the notification and the Child Marriage Prohibition Officer shall exercise such powers subject to such conditions and limitations, as may be specified in the notification. (5) The Child Marriage Prohibition Officer shall have the power to move the Court for an order under sections 4, 5 and 13 and along with the child under section 3.

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Prohibition of Child Marriage Act 2006 Section 5

Title: Custody and Maintenance of Children of Child Marriages

State: Central

Year: 2006

(1) Where there are children born of the child marriage, the district court shall make an appropriate order for the custody of such children. (2) While making an order for the custody of a child under this section, the welfare and best interests of the child shall be the paramount consideration to be given by the district court. (3) An order for custody of a child may also include appropriate directions for giving to the other party access to the child in such a manner as may best serve the interests of the child, and such other orders as the district court may, in the interest of the child, deem proper. (4) The district court may also make an appropriate order for providing maintenance to the child by a party to the marriage or their parents or guardians.

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Prohibition of Child Marriage Act 2006 Section 13

Title: Power of Court to Issue Injunction Prohibiting Child Marriages

State: Central

Year: 2006

.....the issue of the injunction: Provided that in the case of any urgency, the Court shall have the power to issue an interim injunction without giving any notice under this section. (7) An injunction issued under sub-section (1) may be confirmed or vacated after giving notice and hearing the party against whom the injunction was issued. (8) The Court may either on its own motion or on the application of any person aggrieved, rescind or alter an injunction issued under sub-section (1). (9) Where an application is received under sub-section (1), the Court shall afford the applicant an early opportunity of appearing before it either in person or by an advocate and if the Court, after hearing the applicant rejects the application wholly or in part, it shall record in writing its reasons for so doing. (10) Whoever knowing that an injunction has been issued under sub-section (1) against him disobeys such injunction shall be punishable with imprisonment of either description for a term which may extend to two years or with fine which may extend to one lakh rupees or with both: Provided that no woman shall be punishable with imprisonment.

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Commissions for Protection of Child Rights Act, 2005 Chapter II

Title: The National Commission for Protection of Child Rights

State: Central

Year: 2005

.....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. Section 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; 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. Section 10 - Procedure for transaction of business (1) The Commission shall meet.....

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Prohibition of Child Marriage Act 2006 Section 3

Title: Child Marriages to Be Voidable at the Option of Contracting Party Being a Child

State: Central

Year: 2006

.....any time but before the child filing the petition completes two years of attaining majority. (4) While granting a decree of nullity under this section, the district court shall make an order directing both the parties to the marriage and their parents or their guardians to return to the other party, his or her parents or guardian, as the case may be, the money, valuables, ornaments and other gifts received on the occasion of the marriage by them from the other side, or an amount equal to the value of such valuables, ornaments, other gifts and money: Provided that no order under this section shall be passed unless the concerned parties have been given notices to appear before the district court and show cause why such order should not be passed.

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Commissions for Protection of Child Rights Act, 2005 Chapter IV

Title: State Commissions for Protection of Child Rights

State: Central

Year: 2005

.....payable to the Secretary, other officers and employees referred to in section 21, shall be paid out of the grants referred to in sub-section (1) of section 28. Section 23 - Annual and special reports of State Commission (1) The State Commission shall submit an annual report to the State Government and may at any time submit special reports on any matter which, in its opinion, is of such urgency or importance that it should not be deferred till submission of the annual report. (2) The State Government shall cause all the reports referred to in sub-section (1) to be laid before each House of State Legislature, where it consists of two Houses, or where such Legislature consists of one House, before that House along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations. (3) The annual report shall be prepared in such form, manner and contain such details as may be prescribed by the State Government. Section 24 - Application of certain provisions relating to National Commission for Protection of Child Rights to State Commissions The.....

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