S.1 Short title, extend and commencement

       (1) This Act may be called the Commissions for Protection of Child Rights Act, 2005.
       (2) It extends to the whole of India except the State of Jammu and Kashmir.
       (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
        
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        1. Came into force on 15th February, 2007, vide S.O. 229(E), dated 15-2-2007.

S.2 Definitions

       In this Act, unless the context otherwise requires,—
       “Chairperson” means the Chairperson of the Commission or of the State Commission, as the case may be;
       “child rights” includes the children’s rights adopted in the United Nations convention on the Rights of the Child on the 20th November, 1989 and ratified by the Government of India on the 11th December, 1992;
       “Commission” means the National Commission for Protection of Child Rights constituted under section 3;
       “Member” means a Member of the Commission or of the State Commission, as the case may be, and includes the Chairperson;
       “notification” means a notification published in the Official Gazette;
       “prescribed

S.3 Constitution of National Commission for Protection of Child Rights

       (1) The Central Government shall, by notification, constitute a body to be known as the National Commission for Protection of Child Rights to exercise the powers conferred on, and to perform the functions assigned to it under this Act.
       (2) The Commission shall consist of the following Members, namely:—
       (a) a Chairperson who, is a person of eminence and has done outstanding work for promoting the welfare of children; and
       (b) six Members, out of which at least two shall be women, from the following fields, to be appointed by the Central Government from amongst persons of eminence, ability, integrity, standing and experience in,—
       (i) education;
       (ii) child health, care, welfare or child development;

S.4 Appointment of Chairperson and Members

       The Central Government shall, by notification, appoint the Chairperson and other Members:
       Provided that the Chairperson shall be appointed on the recommendation of a three member Selection Committee constituted by the Central Government under the Chairmanship of the 1[Minister in-charge of the Ministry or the Department of Women and Child Development.]

S.5 Term of office and conditions of service of Chairperson and Members

       (1) The Chairperson and every Member shall hold office as such for a term of three years from the date on which he assumes office:
       Provided that no Chairperson or a Member shall hold the office for more than two terms:
       Provided further that no Chairperson or any other Member shall hold office as such after he has attained—
        (a) in the case of the Chairperson, the age of sixty-five years; and
        (b) in the case of a Member, the age of sixty years.
       (2) The Chairperson or a Member may, by writing under his hand addressed to the Central Government, resign his office at any time.

S.6 Salary and allowances of Chairperson and Members

       The salary and allowances payable to, and other terms and conditions of service of, the Chairperson and Members, shall be such as may be prescribed by the Central Government:
       Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or a Member, as the case may be, shall be varied to his disadvantage after his appointment.

S.7 Removal from office

       (1) Subject to the provisions of sub-section (2), the Chairperson may be removed from his office by an order of the Central Government on the ground of proved misbehaviour or incapacity.
       (2) Notwithstanding anything contained in sub-section (1), the Central Government may by order remove from office the Chairperson or any other Member, if the Chairperson or, as the case may be, such other Member,—
       (a) is adjudged an insolvent; or
       (b) engages during his term of office in any paid employment outside the duties of his office; or
       (c) refuses to act or becomes incapable of acting; or
       (d) is of unsound mind and stands so declared by a competent court; or
       

S.8 Vacation of office by Chairperson or Member

       (1) If the Chairperson or, as the case may be, a Member,—
        (a) becomes subject to any of the disqualifications mentioned in section 7; or
        (b) tenders his resignation under sub-section (2) of section 5,
       his seat shall thereupon become vacant.
       (2) If a casual vacancy occurs in the office of the Chairperson or a Member, whether by reason of his death, resignation or otherwise, such vacancy shall be filled within a period of ninety days by making afresh appointment in accordance with the provisions of section 4 and the person so appointed shall hold office for the remainder of the term of office for which the Chairperson, or a Member, as the case may be, in whose place he is so appointed would have held that office.
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