Children`s Act, 2048 (1992) - Central Child Welfare Board
Transcription
Children`s Act, 2048 (1992) - Central Child Welfare Board
Childre n's Ac t, 2048 (1992) Da te o f the Ro ya l S e a l a nd P ub l ic a tio n Da te 2 0 49 /2 / 7 (Ma y 2 0 , 1 9 92 A.D .) Am en dme nt Act 1 .Chi l d Labo r (P ro hi bi t i o n an d Re gu l at i o n) Act , 2 0 5 6 7 Ash ad 2 0 5 7 ( Jun e 2 1 , 2 0 00 ) Act N o. 10 of 2049 B.S. Act re lati ng to protect the right s and inte rest of Chil dren Pre amble : Wherea s, it is e xpedient to make timel y le gal pro visions in order to protect the rights and interests of children for the physical, mental and intellectual development of children; Be it enacted by Parlia ment in the twenty first year o f the reign of His Majesty's King Birendra Bir Bikram Shahdev. Chapter -1 Preliminary 1. Short Title and Commence ment : (1) Th is Act ma y be called as "( The) Children's Act, 2048 (1992 A.D.). " ∗ (2) It shall come into force on such date as Go vern ment of Nepal ma y appoint by a notification published in the Nepal Gazette. 2. Definitions: Unless the subject or context otherwise require s, in this Act, (a) "Ch ild" means a minor not havin g co mpleted the age of sixteen year s. (b) "Guardian " means the guard ian appointed under Section 22 for the purpose of protecting the Child. (c) "Ch ildren Welfa re Board " means the Central Children Welfare Board and the District Children Welfare Board ∗ This Act has been appointed to commence on date 2050/1/1 B.S. (April 13, 1993 A.D.) 1 constituted under Section 32 for the protection and well bein g of Children. (d) "Ch ildren Welfa re Officer " me ans the Children Wel fare Officer appointed under Section 33 by Go vern ment of Nepal and includes any other person or employee as prescribed to act on behalf of such Offic er. (e) "Abandoned Child" means a Child, (1) Who has no father, mother or any other me mber of his fa mil y to look after him. (2) Who has been neglected by his father, mother or any other me mber of his fa mily e ven though they are livin g. (3) (f) Who does not have any mean s of livelihood. "Ch ildren's Wel fare Ho me " means the Children's Welfare Ho me established by Go vern ment of Nepal under Section 34 for the purpose of upbrin gin g and ma intenance of the abandoned child. ( g) "Ch ie f of the Children's Wel fare Home " means and includes any person who works as the Chie f of the Children's Wel fare Home and the word also includes any person who acts on behalf of such Chie f in his absence. (h) "Ju venile R e for m Ho me " means Ju ven ile Re for m Ho me established by Go vern ment of Nepal under Section 42 or any Juvenile Re for m Ho me bein g used for that purpose. (i) "Pr escr ibed" or "a s prescr ibed " means prescr ibed or as prescribed in the Rules made under this Act. 2 Chapter -2 Rights and Interests of Children 3. Right to name and dete rmi nati on of date of bi rth of Chil d: (1) From birth, every child shall be granted a name accordin g to the religion, culture and tradition by his father, if the father is not a vailable by his mother and if the mother is al so not a va ilable by any other member of his fa mil y. In cases where the father, mother or any other me mber o f his fa mily is not alive or their whereabouts are not known, the person or organization bringin g up the Child shall give a na me to such Child. (2) In ca se s where the date of b irth of an y child is not traced, the person or organ ization bringin g up the Child shall, in consultation with a registered medical practitioner, determine date of birth of the Child. Unless otherwise pro ved, the date so determined shall be deemed to be the date of birth of the Child. 4. Right to maintenance and upbringing, educ ati on and he alth care: (1) Parents shall be under obligation to make arran ge ments to bring up Child and to provide education, health care, sports and recreation fac ilitie s to child according to the financial status of their fa mily. (2) Parents or guardian of a ch ild shall cause to administer vacc inations necessary to sa ve the Child fro m diseases. The local authorities and related agencie s of Go vern ment of Nepal shall render assistance in this matter. (3) Go vern ment of Nepal shall render assistance in makin g arran ge ments for proper health care to the pregnant mothers and the mothers who have recently given birth to a Child. (4) Go vern ment of Nepal shall render assistance in makin g arran ge ments for providin g ad vice to fa mily plannin g education 3 and ser vices relatin g to pre ventive and curative health care to parents. 5. Disc rimination not to be made bet ween a son or daughter and bet ween sons and daughte rs the msel ve s in matte rs rel ating t o upbringi ng : No discr imination shall be made between a son and dau ghter and between sons and daughters themsel ves in matters relatin g to their upbrin gin g, education and health care. 6. Disc rimination not t o be made bet wee n chil dren born out of wedloc k or in l awful wedl oc k or bet ween the adopted or the natural Child : (1) No discrimination shall be made between children born out of wedlock or in lawful wedlock in matters of their upbringin g education or health care. (2) No disc rimination of an y kind shall be made between the natural or the adopted son or daughter. 7. Prohibition on t orture or c ruel t re atment : No Child shall be subjected to torture or cruel treatment. Pro vided that, the act of scoldin g and minor beating to Child by father, mother, me mber of the fa mily, gua rdian or teacher for the interests of the Child himsel f/hersel f shall not be deemed to be violation of this Section. 8. Facilitie s t o be give n t o mai ntain c ontact : (1) In c ircu m stan ces where parents of a Child are livin g separately due to divorce or any other reason, the Child livin g with the father shall be given an opportunity to maintain per sonal relation and direct contact with the mother and vice ver sa on a re gular basis or be allowed to live together with the other parents for so metime. Pro vided that, court may re strict to grant the facilit y of ma intainin g dire ct contact or livin g to gether if there is a reasonable ground to belie ve that such direct contact and personal 4 relation or livin g with the other parent may be detrimental to the Child's interest. (2) If parents do not a gree on the question of the fr equency of ma intainin g direct contact or the duration of livin g with the father or mother under sub-section (1), it shall be as prescr ibed by the court. 9. Adopte d son or daughte r t o be pe rmitted to make di rect contact or c orrespondence with natural pare nts : A person adopting a son or daughter ha vin g fulfilled the legal require ments shall, if such adopted son or daughter wills, permit him or her to ma intain direct contact or ma ke corre spondence with his or her natural parents on a regular basis. 10. Right to menti on t he name of mothe r and mate rnal grandfat he r : In ca ses where a Ch ild is requir ed under a law to mention the name s o f h is father and grandfather in connection with official proceedin gs or practice, the Child may, until the whereabouts of his father are traced, mention the names o f his mother and maternal grandfather. In ca se of a Ch ild either of whose parents are not traced, if the person or organizat ion brin gin g up the Child certifie s in writ in g that the parents have not been traced, such Child shall have right not to mention the names o f his father, mother or grandfather. 11. Child and C rimi nal Li abi lity : (1) If a Child below the a ge of 10 years commits an act which is an offence under a law, he shall not be liable to any type of punishment. (2) If the a ge o f the Child committin g an o ffence which is punishable with fine under law, is 10 yea rs or abo ve and below 14 year s, he shall be admonished and convinced and if the offence committed is punishable with imprisonment, he shall be punished with imprison ment for a term which ma y extend to six months depending on the offence. 5 (3) If a Ch ild committin g an o ffence is 14 year s or above and below 16 years, he shall be punished with hal f o f the penalty to be imposed under law on a person who has attained the age of ma jority. (4) If a child commits an offence under advise or influence of any person, the person doing such act shall be liable for full punishment as per the law as if he/she has co mmitted such offence. 12. Disqualific ati ons or counts not be applic able : (1) If a person is to be disqualified to hold any office or to enjoy any fac ility under a law for rea son of co mmittin g an offence, such disqualificat ion shall not be applicable with regard to the Child committin g an offence durin g his/her childhood. (2) For the purpose of deter mination o f counts of offence, an offence committed during childhood shall not be counted. (3) Even if a Child commits the sa me o ffence more than once, he shall not be liable to additional punishment on the basis of additional counts of offence. 13 Prohibition to engage Chi ldren i n begging and t o Shave hai r : (1) No Child shall be enga ged in be ggin g e xcept during obser vin g religious or cultural traditions. (2) No child shall be shaved with the purpose of makin g such Child a Sanysi , Bhi kchhu or Faki r, and even if sha ved, it shall not have le gal validity. (3) A Child who has been made Sanyasi , Bhi kchhu or Fakir prior to the commence ment of this Act may, if he/she so wishe s, give up such fa mily life vesh and to join. 14. Prohibition on offe ring of Chi ld in name of God or Godde ss : (1) No per son shall, for the purpose of ful fillin g the promise made to God or for se r vin g any other religious purpose, offer or surrender to any God or Goddess his own or anybody 6 else's Child ha vin g brou ght such Child, offerin g financial ga in, under any kind of coercion or undue influence. (2) No person shall, for any financial consideration, sell or otherwise hando ver his Ch ild to anybody for the purpose stipulated in sub-section (1). (3) No Panda, Dhami, Pri est or the chief o f any religious enshrine ment shall incite to commit an act referr ed to in subsection (1) nor shall perfor m or per mit to per form religious rites or for malit ies in case s where a person brin gs a Child to any temple with the purpose of offer in g or surrenderin g to God or Goddess. (4) If any act is co mmitted after the commence ment of this Act, in violation o f sub-sections (1), (2) and (3) abo ve, the father, mother or any me mber of the fa mily shall take custody of the Child and ma ke arr an ge ments for upbrin gin g, education and health care of such Child on equal footing with other me mber s o f the fa mil y as if such act is not committed. (5) Notwithstandin g anythin g contained in sub-section (4), a Child referr ed to in sub-section (1) and (2) who is below the age of 16 year s at the commence ment of this Act shall be brought by either of the livin g parents. 15. Prohibition on imposing rigorous punishment : Notwithstandin g anythin g contained in the exist in g laws, no Child shall be subjected to handcuffs and fetters, solitary confine ment or be committed to live to gether in prison with prisoners ha vin g attained the age of ma jorit y in case a Child is con victed for any offence. 16. Childre n not to be involve d in immoral professi on : (1) No person shall invol ve or use a Child in immoral profe ssion. 7 (2) No photograph of a Ch ild shall be taken or allowed to be taken, nor such photograph shall be distributed or exh ibited for the purpose of enga gin g a Child in immoral profe ssion. (3) No publication, exhibition or distribution of photograph or personal events or descriptions of a Child tarnishing the character of such Child shall be made. (4) No Child shall be in volved in the sale or distr ibution or smu ggl in g o f intoxicatin g substances, narcotic dru gs or any other drugs. 17. 18. 19. × × ……… ……….. Childre n's c ase not to be e ntert aine d i n abse nce of legal practiti one r : (1) The Court shall not entertain or decide a criminal charge brought a ga inst a Child unless there is a le gal practitioner to defend the Child. (2) In c ircu mstance s re ferr ed to in sub-sect ion (1), the concerned Court shall make a va ilable the ser vice of a le gal practitioner appointed on behalf of Go vernment of Nepal or of any other legal practitioner willin g to provide such ser vice. 20. Enforce ment of rights : (1) For enforce ment of rights set out in this Chapter, e ver y person shall ha ve the right to file a petition on behalf of the Child to a Distr ict Court of the district where the Child is re sidin g. On rece ipt of such petition, the concerned Court ma y, upon inquiry into the matter, en force the right by issuin g the appropriate order, direction or writ. Pro vided that, in matters relatin g to the prohibition on ma intainin g dire ct contact or livin g by the Child in pursuance of the proviso to sub-section (1) o f S ection 8, such act ion may be × Repealed by Child Labor (Prohibition and Regulation) Act, 2056 (2000 A.D.). 8 initiated or an order ma y be issued only on the basis o f a petition of the father or mother of the concerned Child. (2) In ca se s where a person is a ggr ie ved a s a result of infr in ge ment of an y r ight confer red by this chapter, the Court may issue order, direction or writ pursuant sub-section (1), and decide to make payment of a reasonable amount of compensation. Chapter -3 Provisions relating to the protection of the Child and relating to the Guardian 21. Looki ng afte r an orphan and cust ody of hi s prope rt y : (1) If the Children Welfar e Officer or the Chie f Distr ict Offic er is infor med of the fact that a Child does not have any relative of the sa me home to look after the Child, the Children Welfare Officer or the Chief District Office r, as the case may be, shall make necessar y arran ge ment for upbrin gin g and ma intenance of the Child. In doin g so, the Child shall be, as far a s practicable, given to the custody of the nearest relative o f the Child. In case of nona vailabil ity of such a relative, the Child may be given to any person or organization willin g to take the custody for his ma intenance and upbringin g. In ca se o f non-ava ilability o f any relative, person or organization willin g to take the Child for his ma intenance and upbringin g, the Child shall be re ferred to the nearest Children Welfare Ho me. (2) In ca se s where the Child re ferr ed to in sub-section (1) has any property, the Children Wel fare Offic er or the Chie f District Officer shall prepare a statement thereof in the presence of at least two local witnesse s and shall keep one copy thereof in his office and the other one shall be given to the person or 9 organ ization re sponsible for upbrin gin g and ma intenance of the Child. (3) The state ment of property prepared under sub-section (2) and the property mentioned therein shall be given to the custody of the person, organization or the Children's Wel fare Home re sponsible for upbrin gin g and ma intenance of the Child and such person, or ganizat ion or the Children's Wel fare Ho me shall certify in wr itin g the takin g o f the custody. Pending the custody of the property of the Child, the responsibility of ta kin g care o f or of protecting the property shall lie with the Children Welfare Office r, and if he is not ava ilable, with the Chief Distr ict Officer. (4) The income accrued from the property mentioned is sub-section (3) ma y be used by the person, or gan ization or the Children's Wel fare Ho me takin g re sponsibil ity for the ma intenance, upbringin g, education and health care of the Child. The person, or ganizat ion or the Children's Wel fare Ho me ta kin g responsibilit y for the maintenance and upbringin g o f the Child shall, in respect o f such property enjoy the sa me r ight s and co mply with the same ter ms and conditions as those of a Guardian appointed under this Act. 22. Appointment of Guardian : (1) In ca ses where a Child is deprived o f his fa mily for rea sons o f not livin g of his parents or adult relative belongin g to the same home, or e ven if they are livin g but are unable to bring up or look after the Child for reasons of physical or mental incapacity, e ver y person may, for the purpose of being a guard ian to the Child, submit an application to the Children Welfare Office r. On receipt of such application, the Children Welfare Officer shall, upon necessary inquiry into the matter, appoint a Guardian for the Ch ild subject to the pro visions of this Sect ion. 10 (2) In appointing a Guardian under sub-section (1), priority shall be given, as far a s practicable, to the nearest heir. Pro vided that, if it is not appropriate to appoint the nearest heir as the Guardian for rea sons of fa mily fend or confrontation, or for any other reason, the Children Welfare Officer may, statin g the reasons thereof, appoint a distant heir or any other person as the Guardian of the Child as he deems appropriate. (3) In appointing a Guardian pursuant to sub-section (2), consent of the appointee to that effect shall be obtained. (4) Notwithstandin g anythin g contained in sub-section (2), the following per sons shall not be qualified to be appointed to or hold the office o f the Guardian : (a) If he is su ffer in g fro m mental disea se, (b) If he has not attained the age o f 25 years, (c) If he is rel ie ved o f the office o f Guardian in accordance with Section 28, (d) If he is con victed of any offence in vol vin g moral turpitude by a court, or (e) (5) If he is bankrupt. If nobody a gree s to act as Guardian of the Child or if no appropriate person is ava ilable to be the Guardian, the Children Welfare Officer shall make arran ge ments to send the Child to a Children's Welfare Ho me. (6) In case there is any property, it also shall be handed over wh ile handin g o ver the Child to the Guardian pursuant to subsection (2) or the Children's Wel fare Ho me pursuant to sub-section (5). While handing o ver the property, its statement shall be prepared and one copy shall be kept in his office and the other one shall be given to the Guardian or Chief o f the Children's Wel fare Home who receive s the property. 11 (7) The Guard ian or Chie f o f the Children's Wel fare Ho me ma y spend the income acc rued from the property handed over pursuant to sub-section (6) for the maintenance, education and health care of the concerned Child and keep its account. 23. Inte rest and prope rt y of C hild t o be P rotected : (1) The ma in duty of the Guardian shall be to protect interests of Child. (2) The Guardian shall, inter alia, give spec ial attention to the following points:(a) To brin g up Child in a way that will enhance the physical and mental development of the Child, (b) To arran ge for education which may help intellectual development of the Child, (c) To pre vent the Child fro m be in g in vol ved in bad habit or company, (d) To keep updated record of the Child's property and to protect it. (3) order to The Guardian shall initiate necessar y proceedin gs in realize the property or income of the Child misappropriated by others and to release the impended property. For this purpose, the Guardian may submit application, complaint or suit in the offic e or court or may in itiate other necessar y le gal proceedings on behalf of the Child. 24. Works may be Perf orme d by the Guardian : The Guardian ma y, to bear the expenses necessar y for the ma intenance, education or health care of the Child, give any property of the Child to any person for earnin g more property or on rent. 25. Works not t o be Pe rf orme d by the Guardi an : The Guardian shall not do any of the following works: - 12 (a) To en ga ge the Child in wor k that requires more labor than his physical capacity can bear. (b) To enga ge the Child in any work which ma y hurt in his religious or cultural traditions or to use his property on such work, or (c) To sell the Child's property to others with an intention of retainin g it by himself. 26. Report to be submitted by the Guardian : (1) The Guardian shall, in each year within the month of Baisa kh (April 15 to May 15), submit a report to the concerned Children Welfare Officer statin g all the particulars relating to the expenses incurred on his part for the maintenance, health care and education of the Child and the income accrued fro m the property of the Child and the expenses incurred out of such income for the ma intenance of the Child (2) The Children Welfare Officer ma y, if he dee ms necessar y, check the reliabilit y of the statement or statistics mentioned in the report submitted pursuant to sub-section (1), inspect to or cause to inspect the Child and the place where his property is placed. For this purpose, the Children Welfare Officer ma y order to present the concerned Child before himsel f and also ma ke necessar y inquir y with the Child. In case the Children Welfare Officer issue s an order to pre sent the Child before h im, it becomes the duty of the Guardian to present the Child. 27. The Guardi an may reti re with approval : (1) In case a Guardian appointed pursuant to this Act desire s to retire bein g unable to dischar ge his duty, shall submit an application stating the reason thereof to the Children Welfare Officer at least one month in ad vance. The Guard ian shall also ha ve to submit, along with the application, the statement of the property of the Child that 13 he has taken in cu stody and the expense s incurred up to the date of the application. (2) If the reason stated in the application submitted pursuant to sub-section (1) is deemed reasonable, the Children Welfare Office r shall cause to handover the property in the custody of the Guardian to any office or person and permit him to retire. 28. Guardi an may be removed : The Children Welfare Officer may remo ve the Guardian, in case it is proved that he has done any work in contra vention to Sections 23, 24 or 25 or give s a false statement while submittin g the report pursuant to Section 26. 29. Anothe r Guardian to be appointed : (1) In case any Guardian dies or the Guardian cannot be retained due to prevalence o f any situation pursuant to sub-section (4) of Section 22 or the Guardian is retired pursuant to Section 27 or remo ved pursuant to Section 28, the Children Welfare Officer shall, subject to Section 22, appoint another Guardian instead of such Guardian. (2) If the Guardian, who is re mo ved from the guardiansh ip or is not retained as a Guardian pursuant to sub-section (1) has any property of the Child in his custody, he shall handover such property and the related documents to the office or person specified by the Children Welfare Office r. 30. Maintenance of the Chil d having no sufficient inc ome : (1) A Guardian ma y submit an application to the Chief District Officer for Go vern ment a ssistance if he could not bring up the Child in a proper way due to insuffic iency o f income or property or the property is consumed by any other in an illegal wa y, and the Chief District Officer shall, if he deems the statement reasonable, make a vailable necessar y Go vern ment assistance. In case such assistance is not ava ilable, an arrange ment shall be made to keep the Child in the Children's Wel fare Ho me. 14 (2) In case any Child is handed over to the Children's Welfare Ho me, the responsibilit y of the Guardian shall be deemed to be terminated fro m the date of such handover. 31. Guardi an t o be entitled t o remune rati on : (1) The Children Welfare Officer shall specify the remuneration of the Guardian on the basis of the property and income of the Child. (2) The Guardian ma y take, in the form of re muneration, five percent of the reasonable expenses incurred for the realization of the property or income of the Child pursuant to sub-section (3) of Section 23 and the current price of the property so realized or the income. (3) In ca se the Guardian has spent so me a mount on his part for the ma intenance, education or health care of the Child, he may also realize such a mount from the income o f the Child. Chapter -4 Welfare Provisions 32. Constitution of Cent ral and D ist rict Children Welfare Board : (1) Go vern ment of Nepal shall, by publishing a notificat ion in the Nepal Gazette, constitute a Central Children Welfare Board consistin g o f twenty one me mber s at the ma ximu m including the me mber s fro m a mon gst the soc ial workers, wo man social worker s, medical practitioners, Ch ild psychologist s and teachers. The Na me of the chairper son and me mbers o f the Central Children's Wel fare Board shall be as pre scr ibed in the sa me notice. The Board shall work subject to the policy and directive s of Go vern ment of Nepal. (2) A Distr ict Child Welfare Board shall be constituted in each District under the convenership o f the Chief District Office r. In the Distr ict Children Welfare Board, there shall be the persons, 15 inter alia, as appointed by the Chief District Office r spec ially from amon gst the followin g persons: (a) Persons in vol ved in social se r vice, (b) Social worker s in vol ved in works relatin g to rights and interests o f children, (3) (c) Women social wor kers, (d) Medical practitioners, (e) Child psychologists, (f) Teachers. The tenure of the o ffic ials of the Central Children Welfare Board and District Children Welfare Board shall be of four year s and they ma y be eligible for reappointment. (4) The chairperson of the District Children Wel fare Board shall be the person prescribed by the me mber s o f District Children Welfare Board fro m a mon gst the msel ve s and until such chairperson is appointed, the Chief Distr ict Officer himsel f shall act as the chairperson of the Board. (5) Each District Children Welfa re Board shall have to submit an annual report relating to children wel fare activit ies conducted in the district level to the Central Children Welfare Board within the month of Ba isakh ( April 15 to Ma y 15 A. D.). The Central Children Welfare Board shall prepare a nation-wide report relating to the Children on the basis o f the annual reports received fro m the District Children Wel fare Board and submit it to Go vern ment of Nepal in each year within the month of Ashad (June 15 to July 15). (6) Functions, duties, powers and procedures of the Central Children Welfa re Board and the Distr ict Children Wel far e Board, other than those referred to in the Act, shall be as prescribed. 16 33. Appointment of Chil dren Welf are Officer : (1) Go vern ment of Nepal ma y appoint Children Welfare Officer in required number. Go vern ment of Nepal may designate any other person or personnel to act as the Children Welfare Officer pursuant to this Act until the Children Welfare Officers ar e appointed. (2) The Children Welfare Officer appointed or designated pursuant to sub-section (1) shall work subject to the general control and directive s of the District Children Welfare Board. (3) Functions, duties, powers and ter ms and conditions of ser vice o f the Children Welfare Officer, other than those refe rred to in this Act, shall be as prescr ibed. 34. Establi shme nt and ope rati on of Childre n's Welf are Home: (1) Go vern ment o f Nepal shall establish Children's Wel fare Ho me in the var ious re gions o f the Kin gdo m o f Nepal as may be necessar y. (2) Go vern ment of Nepal ma y utilize Children's Wel fare Home, orphanage or center operated by any other person or organ ization, for the purpose of keepin g the Children until the establish ment of Ch ildren's Wel fare Ho me pursuant to sub-section (1). Pro vided that, nothing stated in this sub-section shall be deemed to have given powers to Go vern ment of Nepal to interfere in the operation of such Children's Wel fare Ho me, orphana ge or center. 35. Abandoned C hild t o be kept i n the C hildre n's Welfare Home : (1) The Children Wel fare Officer and Police personnel shall handover an abandoned Child they ha ve found or handed over to them by any person, to the nearest Children's Wel fare Ho me after keepin g the records of the Child stating therein the name, surname, address, photograph, any special mar k on his body and 17 thumb-impressions and as far a s practic able the name o f h is father and grandfather in their offic e. (2) The Chie f o f the concerned Children's Welfare Ho me shall take into its custody the Abandoned Child brought to handover pursuant to sub-section (1) except in case o f lack of place for livin g. (3) In case the Chie f of the Children's Wel far e Ho me did not take into its custody the Abandoned Child due to the reason mentioned in sub-section (2), such Child may be handed over to any other Children Welfare Ho me. (4) Abandoned children residin g in the Children Welfare Home shall be kept separately on the ground of sex. (5) The Children Wel fare Office r, Police Officer or Chie f of the concerned Children Welfare Ho me ma y, for the purpose of tracin g the father, mother, relatives or Guard ian of the Abandoned Child, cause to publish a notice statin g the de scription and photograph of such Child in any paper or cau se to transmit through any other medium o f co mmunication. 36. Durati on to be kept in the Chi ldren' s Welfare H ome : (1) An Abandoned Child shall, normally, be kept in the Children's Wel fare Home until he attains the age o f sixteen years. Pro vided that, if it see ms that the Child of such a ge relea sed fro m the Children Welfare Ho me ma y ha ve to fa ce the problem of livelihood, he may be kept in the Children Welfare Home until he attains the age o f eighteen year s. (2) Notwithstandin g anythin g contained in sub-section (1), the age bar to live in the Children's Welfare Ho me does not apply in case of blind, disabled or mentally retarded Abandoned Child, until they are sent to the Children Welfare Ho me e stablished for their livin g. 18 (3) Notwithstandin g anythin g contained in sub-section (1), if the father, mother or the Guardian of the Abandoned Child desire s to take the Child with them, the Chie f of the Children Welfare Ho me shall allow to take the Child at any time and prepare a document for such hand over o f the Child. 37. Assi stanc e to provide Vocati onal Training or job : (1) The Abandoned Children residin g in the Children's Welfare Ho me shall be in vol ved in vocational trainin g or teach in g and learnin g on the basis of their interest and knowledge. (2) enga ge an Go vern ment of Nepal shall provide assistance to Abandoned Child who has already obtained any knowled ge or skill in any vocational jobs su itable to his knowledge or skill. 38. Child may be kept in the C hildre n's Welfare H ome on the condition of payme nt : (1) In case the father, mother or relatives of the Child who often runs away fro m the home a gree s to bear all the expenses required for his maintenance, the Chief o f the concerned Children's Wel fare Home ma y allow to keep such Child in the Children's Wel fare Ho me ha vin g prepared a document of a gree ment to bear such expenses. (2) When the Child kept in the Children's Wel fare Ho me pursuant to sub-section (1) completes the spec ified per iod in the Children's Wel fare Ho me, the Chie f o f the Children's Wel fare Home shall handover the Child to the custody of his father, mother or relatives. While handing o ver the Child the balance amount, if any, of the money deposited for the ma intenance of such Child shall also be returned along with the statement of e xpenses incurred for his ma intenance. (3) In case an y Child kept in the Children Welfare Ho me pursuant to sub-section (1) has escaped from the Children Welfare Home or is dead, the Chief o f the Children Welfare Ho me shall 19 immediately give this in for mation to the father, mother or relatives of the Child and do everythin g possible to trace him in case of escapin g. (4) The Chie f of the Children's Wel fare Home shall, while givin g the Child to the custody of his father, mother or relatives pursuant to sub-section (2), also return his immo vable property, if any, and the related documents. (5) In case the Child escaped pursuant to sub-section (3) is not found or the Child is dead, any goods or immo vable property of the Child shall be returned to his father, mother or relatives and realized fro m the m the due expenses relatin g to the Child, if any. 39. Gene ral punishment may be given to mai ntai n the discipline : (1) In case an Abandoned Child does not comply with the terms and conditions to be compiled with while stayin g in the Children's Welfare Ho me or co mmits any act which violates disc ipline, the Chief o f the Children's Wel fare Ho me ma y impose any of the followin g punish ments on such Child: (a) To deprive him fro m the facil ities a va ilable in the Children's Wel fare Ho me for a per iod not exceedin g three days at one time or, (b) To realize full or partial amount belongin g to the dama ge, in ca se anythin g belon gin g to the Children Welfa re Home is knowin gly broken or dama ged. (2) Notwithstandin g anythin g contained in sub-section (1), it shall not be deemed to ha ve con ferred power s to the Chie f o f the Children's Wel fare Home to batter or detain the Child in solitary confine ment or to stop givin g food and water to such Child. (3) For the purpose of realizat ion of the a mount of the dama ge fro m the Abandoned Child pursuant to clause (b) of sub20 section (1), the Chief o f the Children's Wel fare Ho me shall realize the amount from income of the concerned Child or from his salar y, if he is gettin g any for workin g there, and shall have to reconcile the account by remittin g the re mainin g a mount. 40. Expense s may be re ali ze d handing ove r the Chil d to his fathe r, mothe r etc : (1) In ca se it is known that the father, mother or a me mber o f the fa mil y o f an y Child has enrolled him to a Children's Welfa re Ho me, orphanage or such other center givin g a false statement that he is an Abandoned Child or an orphan, the Chie f o f the Children's Wel fare Ho me shall ha ve to handover such Child to his father, mother or a me mber of the fa mil y whoe ver come s into contact. (2) In the situation pursuant to sub-section (1), the concerned Children's Welfare Ho me, orphana ge or center shall have to realize all the expense s incurred for the ma intenance of the concerned Child as a Go vern ment due from the father, mother or a me mber of the fa mily o f the Child who has enrolled him fraudulently. Pro vided that, the concerned Children's Wel fare Home, orphanage or center shall not realize the expenses incurred for the ma intenance of the Child in c ase the father, mother or a me mber of the fa mily o f the Child has no income or property to realize. 41. Chief of the C hildre n's Welf are H ome t o ke ep rec ords and to report : (1) The Chief o f the Children's Wel fare Ho me shall have to prepare personal records of all the Abandoned Children resid in g in the Children's Wel fare Home. If any punishment is imposed to any Child, pursuant to sub-section (1) of Section 39, that also shall be mentioned in such record. (2) The for m of personal records to be kept pursuant to sub-section (1) shall be as prescribed. 21 (3) The records ma intained pursuant to sub-section (1), shall be maintained confidential and such records shall not be shown or given to any person other than the Children's Wel fare Board or Children's Welfare Officer or the person or office ha vin g permission fro m such Board or Offic ials. Pro vided that, this re striction shall not apply to the records required by the Court in relation to a case. (4) The Chie f of the Children's Welfar e Ho me shall send reports in the prescribed for m statin g all the activities carr ied out by the Children's Wel fare Home in the last yea r, to the Distr ict Children Welfare Board and Children Welfare Officer in each year within the month of Baisakh (Apr il 15 to May 15). 42. Establi shme nt and ope ration of Juveni le Reform Home : (1) Go vern ment of Nepal shall establish Ju venile Re for m Ho me as required. (2) The followin g children shall be kept in the Juven ile Refor m Ho me established pursuant to sub-section (1): (a) A Child accused o f any o ffence and to be imprisoned pursuant to existin g law for in ve stigation or adjudication, (b) A Child to be imprisoned havin g been punished with imprison ment punished to existin g la w, (c) A Child addicted to narcotic drugs, (d) A Child who is used to run away fro m father, mother or the family, (e) A Child who has company with persons in vol ved in immoral or untoward activit ies or ta kes part in the activitie s o f such persons or depends upon their earnin gs, 22 (f) Children of the cate gor ie s prescribed by Go vern ment of Nepal. (3) Go vern ment of Nepal ma y utilize the private Children's Welfare Ho me, orphanage or center operated by any person or body in the form o f Ju venile Re for m Ho me te mporarily by obtaining per mission of such person or body until the Juven ile Refor m Ho me is established pursuant to sub-section (1). (4) In ca se the Child mentioned in the clause (d) of sub- section (2) is kept in the Juvenile Re for m Ho me with the consent of his father, mother or a me mber of the fa mily, his father, mother or a me mber of the fa mily shall have to bear the expenses incurred for his maintenance. (5) The operation of the Ju venile Re for m Ho me and the fac ilitie s, train in g and education to be provided for the children resid in g therein a s well as the terms and conditions to be followed by the children shall be as prescribed. 43. Establi shme nt and ope ration of orphanage and cente r for mental ly ret arded C hildren : (1) Go vernment of Nepal shall establish orphanage and center for mentally retarded children as required for the maintenance and dwelling o f orphans, disabled or mentally retarded children havin g no parents. (2) Go vern ment of Nepal shall provide nece ssar y education for the children residin g in the orphanage or center for mentally retarded children pursuant to sub-section (1). (3) Notwithstandin g anythin g contained in sub-section (1), Go vern ment of Nepal ma y, under an a gree ment, utilize the orphanage or center for mentally retarded children operated by any other person or organization, for the purpose of this Act. 44. Inspection of Chil dren' s Welf are H ome, Juve nile Ref orm Home, Orphanage etc : (1) The Central Children Welfare Board 23 ma y inspect or cause to inspect all Children's Welfare Ho me orphanages or centers e stablished within the Kin gdo m o f Nepal at any time and the District Children Welfare Board or Children Welfare Officer may inspect or c ause to inspect the Children's Welfare Ho mes, orphana ge s or centers within their own ar ea at any time. (2) The Children Welfar e Officer shall inspect the Children's Wel fare Ho me s, orphana ge s or center s at lea st twice a year within his area and while car ryin g out such inspection, in case it is found that any act to be done pursuant to this Act and the Rules made there under is not done or any act is co mmitted in contravention to the existin g la w, he shall have to send its report to the Distr ict Children Welfare Board. (3) The Children Welfare Board of Children Welfare Officer ma y issue directive s to re gulariz e irr e gularities found in the Children's Welfare Home, Ju venile Re for m Ho me, Orphana ges or such other centers and it shall be the main duty of the Chief of the Children's Welfare Home, Ju venile Re for m Ho me, Orphana ges or centers to follow such directive s. 45. Provi si ons re lati ng to the Children's Welfare H ome, Juvenile Ref orm H ome, O rphanage etc : The person to operate the Children's Wel fare Ho me, Ju venile Re for m Ho me, Orphanage etc. power to be used by him, terms and conditions of his ser vice and the rules to be followed and the education and training to be provided for the Children residin g in such Children's Wel fare Home, Ju venile Re for m Ho me, orphanage s or center shall be as prescribed. 24 × 46. …………. × 47. ………… × 48. ……………. × Chapter -5 Chapter -6 Miscellaneous 49. Only ce rtai n pe rsons to attend in c ase s re lati ng to Child : (1) While proceedin g o f a ca se relatin g to a Child under this Act or prevailin g laws is go in g on, the legal practitioner, the father, mother, relative s or Guardian of the Child and, if the officer hearin g the ca se dee ms appropriate and per mit s, any person or representative of the social or ganizat ion invol ved in protection of rights and interests o f Children ma y appear to the bench. (2) The case pursuant to sub-section (1) and particulars of the incident relating to it shall not be published in any paper without permission of the in vest igatin g o fficer of the case or the officer hearin g the case. Such restriction shall also apply to correspondents or the press photo representative s. 50. Inve stigati on of case and suspension of puni shment : (1) In case the officer hearin g the case deems it not appropriate to keep a Child in prison havin g considered to the physical condition, the a ge of the accused Child who is to be in ve stigated havin g detained in prison pursuant to existin g la w, circu mstance s during the time of commission of the offence and the place of impr ison ment, he ma y issue an order to handover the Child to the custody of his father, mother, relatives or Guardian or any social organ ization enga ged in protection of rights and interests of the Child or the × Chapter -5 is repealed by Child Laborer (Prohibition and Regulation) Act, 2056 ( A.D.). 25 Ju venile R e for m Home on the condition to present him a s and when required and to continue inve stigation or proceedin gs o f the case. (2) In ca se the officer hear in g a c ase dee ms it not appropriate to imprison a child convicted of an offence and imposed a sentence o f imprisonment in a pr ison ha vin g re gard to his physical condition, a ge, c ircu mstances in which the offence has been committed and time s of co mmission of the office, he may suspend the sentence to the effe ct of not under goin g the sentence for the time bein g or he may prescribe to undergo the sentence resid in g in a Children Rehabilitation Home or in guardianship of any person or or gan ization. In ca se the sa me ch ild ha vin g had his sentence suspended in such a way is con victed of the sa me offence or any other offence and is imposed a sentence of imprisonment within a period of one ye ar, the offic er hearin g the case ma y order to execute the sentences of punish ment ha vin g added the earlier sentence imprisonment. 51. Case May be filed on be half a Child : (1) In ca se a suit or complaint is to be filed or a case has to be de fended in any matter in vol vin g rights o f a Child, his father, mother or Guardian ma y file a suit, co mplaint or de fend the case. In ca se the ch ild has no father, mother or Guardian, the claimant of the child shall be entitled to the right. (2) The case relatin g to an offence punishable under this Act ma y be initiated on the complaint of any person or of Go vern ment of Nepal. 52. Statistic s rel ating to the Child and rest ricti on in its use : (1) A police office shall keep the statistic s o f the Child apprehended on the charge o f any o ffence in confidential manner ha vin g stated his na me, address, a ge, sex, fa mily bac kground, economic conditions, offence co mmitted by him and if any proceedin g is 26 initiated on it, it s particulars and a copy o f such statist ics shall be sent to the Police Head Quarter in e very six month. (2) In case the statistic s ma intained pursuant to sub-section (1), are to be published for any study or resear ch work, it ma y be published or utilized on the basis of a ge or se x without mentioning the name, surname or address of the Child. 53. Punishment: (1) Whoe ver commits any offence in contra vention to Section 13, × …… or abets others to commit such offence or attempts to commit so, he shall be liable to a punishment with a fine up to three thousand rupees or with imprisonment for a ter m which may e xtend to three months or with both. (2) Whoe ver co mmit s any offence in contravention to Section 14 or abets others to commit s such offence or atte mpts to commit so, he shall be liable to a punishment with a fine upto ten thousand rupees or with imprisonment for a ter m which ma y extend to five year s or with both. If it is pro ved that any per son has sold a Child for takin g an y a mount, such amount also shall be seized from the person selling the Child and in case such amount could not be realized, he shall be liable to an extra punish ment of imprisonment for a ter m that may e xtend to two years. (3) Whoe ver co mmit s any offence in contravention to Section 7 or 15, he shall be liable to a punishment with a fine upto five thousand rupees or with imprisonment for a ter m that may extend to one year or with both. In case o f torture and cruel treatment, he may be made liable to pay a rea sonable amount of compensation to the Child. (4) Whoe ver co mmit s any offence in contravention to sub- section (1), (2) or (3) of Section 16 or abets others to commit such offence or attempts to do so, he shall be liable to a punishment with a fine upto ten thousand rupees or with impr ison ment for a × Repealed by Child Labor (Prohibition and Regulation) Act, 2056 (1999 A.D.) 27 term which ma y extend to one year or with both and the photographs ta ken with an a im to en ga ge the Ch ild in an immoral profession and all the publications printed with an aim to publish ma y be se ized by the order of the Court. (5) The person enga gin g a Child in the business in contravention to sub-section (4) of Section 16 shall be punished with impr ison ment for a ter m which ma y e xtend to five year s in addition to the punishment to be imposed pursuant to existin g laws. (6) In ca se character o f a Child is hurt or ad ver se e ffect is caused in his health or his physical or gan is dama ged due to the reason that any person has caused the Child to enga ge in any prohibited act pursuant to Section 16, × ……. the officer hear in g the case ma y cause to pay a rea sonable amount of compensation in proportion to such dama ge to the Child from such person in addition to the punishment to be imposed pursuant to sub-section (1) or (4). (7) In case the Guardian violates or does not follow anything re ferr ed to in Sections 23, 24 or 25, he shall be punished with a fine upto three thousand rupees or with imprisonment for a term that ma y extend to three months or with both. (8) In ca se the Guardian sub mit s a report in contra vention to Section 26 or does not return the property to be returned pursuant to Section 29, he shall be punished with a fine upto six thousand rupees or with imprisonment for a ter m which ma y extend to six months or with both and the property misappropriated shall also be realized fro m him. (9) In case the Chief o f the Children Welfare Ho me disclose s or provides the personal particulars ma intained pursuant to Section 41 to any unauthorized person or in c ase any person × Repealed by Child Labor (Prohibition and Regulation) Act, 2056 (2000 A.D.). 28 publishes particulars of a case in violation of Section 49 or disclose s the confidentiality of statistic s relatin g to the Child or brin gs it in use or publishes it in violation of Section 52, he shall be punished with a fine upto three thousand rupees or with imprisonment for a term wh ich ma y extend to three months or with both and all the papers and books relatin g to the offence shall also be confisc ated . × 54. (10) ……….. Limit ation : Co mplaints relatin g to an offence punishable under this Act shall be filed within one year fro m the date of commission of the offence. Pro vided that, the complaint may be filed when so e ver in case property of a Child is sold with mala fide intention and complaint may be filed within three years fro m the date o f such happening in c ase a Child is cau sed to enga ge in an immoral profession. 55. Officer hearing cases and procedures rel ating to c ase : (1) Go vern ment of Nepal shall, by publishin g a notification in the Nepal Gazette, constitute a Ju venile Court as may be necessar y. The territorial jurisdiction and seat of such Court shall be as prescribed in the sa me notice. (2) Except in the situation of Sect ion 20, the Juven ile Court constituted pursuant to sub-section (1) shall have power s to first init iate and decide ca se s in which a Child is e ither a plaintiff or defendant. Pro vided that, the Ju venile Court shall not hear and decide a case in which a Child is in vol ved along with a person havin g attained the age o f ma jority. × Repealed by Child Labor (Prohibition and Regulation) Act, 2056 (2000 A.D.). 29 (3) The concerned Distr ict Court shall have powers to hear and decide the case pursuant to sub-section (2) until a Juven ile Court pursuant to sub-section (1) is constituted, and after the constitution of the Juven ile Court, cases filed in the District Court shall be transfer red to the Juven ile Court. (4) There shall be a Children's Bench in each Distr ict Court for hearin g and decid in g the case to be heard fro m the District Court pursuant to sub-section (3). (5) Go vern ment of Nepal shall prescribe the procedures relating to constitution of the Children's Bench pursuant to subsection (4) on the advice o f the Supreme Court and while prescrib in g the Bench it ma y include social worker, ch ild specialist or child psychologist in addition to the judge. (6) The procedures to be followed by the Juvenile Court or District Court for hearin g and deciding the cases shall be as prescribed and until such procedures are prescribed those Courts shall follow the procedures of the Summar y Procedure Act, 2028. 56. Appeal: An y person not satisfied with decisions made b y the Ju venile Court or Distr ict Court pursuant to Section 55 may file an appeal to the Appellate Court within thirty five da ys from the date of such decision. 57. Pri ority to be give n in hearing cases : Any case under this Act in wh ich a Child is e ither a plaintiff or a defendant shall be accorded priority for hearin g and decidin g. 58. Powe r to frame Rule s : Go vernment of Nepal ma y, in order to implement objectives o f this Act, fra me necessar y Rules. 59. Repeal and Amendment : (1) Nos. 1 and 2 on the Chapter "of Pauper" of Muluki Ain (the country code) are hereby repealed. 30 (2) The figure "1 " appearin g a fter the word "Mahal" (Chapter) contained in No. 6 of the Chapter "o f Pauper " o f Muluki Ai n (the country code) is deleted. (3) The words "the Child below the age of 8 yea rs or " appearin g in No. 1 of the Chapter "of punishment " o f the Muluki Ain (the country code) and parts of sentences, "If the a ge of the minor is 8 year s or abo ve 8 year s and below 12 years and he commits an offence which is punishable with fine under law, he shall be warned and if the offence is punishable with imprisonment, he shall be punished with imprisonment for a ter m which ma y e xtend to two months depending on the offence. If the minor who is 12 years or above 12 years and below 16 years commits an offence, he shall be punished with half of the punishment to be imposed on a person who has attained the a ge of ma jority. The minor or" appearin g in the sa me No. ha ve been deleted. 31