Child Protection and Welfare Act, 2010

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Department: SOCIAL WELFARE, SPECIAL EDUCATION & WOMEN EMPOWERMENT DEPARTMENT
Main Category: Acts
Specific Category Name: Protection
Year 2010
Promulgation Date: 04-10-2010
Details:

THE KHYBER PAKHTUNKHWA

CHILD PROTECTION AND WELFARE ACT, 2010.

 

 (KHYBER PAKHTUNKHWA ACT NO. XIII OF 2010)

 

 

CONTENTS

 

PREAMBLE

 

SECTIONS

 

PART-I

PRELIMINARY

 

1.         Short title, extent and commencement.

2.         Definitions.

PART-II

CHILD PROTECTION AND

WELFARE COMMISSION

 

3.         Establishment of the Commission.

4.         Powers and functions of the Commission.

5.         Chief Protection Officer.

6.         Committees.

7.         Annual progress report.

8.         Assistance to the Commission.

PART-III

CHILD PROTECTION UNIT, CHILD PROTECTION OFFICERS

AND CHILD PROTECTION INSTITUTIONS

 

9.         Child Protection Unit.

10.       Functions of Child Protection Unit.

11.       Child Protection Officer.

12.       Establishment and recognition of Child Protection Institutions.

 

 

 

PART-IV

CHILD PROTECTION AND

WELFARE FUND

 

13.       Child Protection and Welfare Fund.

14.       Audit of the Fund.

PART-V

CHILD PROTECTION COURTS

 

15.       Children Protection Court.

16.       Powers and functions of the Court.

17.       False, frivolous or vexatious information.

18.       Transfer of cases in the interest of justice.

PART-VI

RESCUE, CARE, PROTECTION AND

REHABILITATION OF CHILDREN AT RISK

 

19.       Initiation of proceedings.

20.       Rescue of child at risk.

21.       Court may directs production of child at risk by parents or guardian.

22.       Examination of person producing or reporting.

23.       Reports to be treated as confidential.

24.       Prohibition of publication of names, etc., of child at risk involved in any proceeding under this Act.

25.       Entrustment of protection of a child at risk.

26.       Sending of child at risk having place of residence outside jurisdiction.

27.       Warrant to search for a child at risk.

28.       Period of protective care.

29.       Contribution of parents.

30.       Protection of child against child marriage.

 

 

 

 

PART-VII

SENTENCING OF CHILD

 

31.       Sentencing in respect of a child above the age of twelve and below the age of fifteen.

32.       Sentencing in respect of a child above the age of fifteen and below the age of eighteen.

PART-VIII

OFFENCES AND PENALTIES

 

33.       Abolishment of corporal punishment.

34.       Punishment for corporal punishment.

35.       Fraud or deceit on a child.

36.       Violence against a child.

37.       Punishment for violence.

38.       Harmful practices.

39.       Punishment for harmful and abusive practices.

40.       Dealing in organs of a child.

41.       Punishment for dealing in organs of a child.

42.       Unauthorized custody.

43.       Punishment for attempting to commit an offence.

44.       Cruelty to a child.

45.       Employing child for begging.

46.       Giving intoxicating liquor or narcotics drug to child.

47.       Permitting child to enter places where liquor or narcotic drugs are sold.

48.       Punishment for child pornography.

49.       Inciting child to bet or borrow.

50.       Exposure to seduction.

51.       Abetting escape of child.

52.       Child trafficking.

53.       Sexual abuse.

54.       Offences under this part cognizable, non-bailable and non-compoundable.

55.       Punishment for actions in contravention of this Act.

PART-IX

MISCELLANEOUS

 

56.       Discharge of a child at risk, from a Child Protection Institution or from the care of any person to whose care he was entrusted.

57.       Transfer between Child Protection Institutions of like nature in different parts of Pakistan.

58.       International Obligations.

59.       Officers to be public servants.

60.       Protection of action taken under this Act.

61.       Act to over-ride other laws.

62.       Power to make rules and regulations.

63.       Repeal.

64.       Limitation.

65.       Complaint against Commission.

66.       Removal of difficulties.

67.       Repeal of Ordinance No. II of 2010.

 

 


 

THE KHYBER PAKHTUNKHWA

CHILD PROTECTION AND WELFARE ACT, 2010.

 

 (KHYBER PAKHTUNKHWA ACT NO. XIII OF 2010)

 

[First published after having received the assent of the Governor of the Khyber Pakhtunkhwa in the Gazette of Khyber Pakhtunkhwa (Extraordinary),dated the 04th October, 2010].

 

AN

ACT

to provide for the care, protection, maintenance, welfare, training,

 education, rehabilitation and reintegration of Children at risk

 in the Khyber Pakhtunkhwa .

 

            WHEREAS it is expedient to provide for the care, protection, maintenance, welfare, training, education, rehabilitation and reintegration of children at risk in the Khyber Pakhtunkhwa;

 

It is hereby enacted as follows:-

 

PART-I

PRELIMINARY

 

1.         Short title, extent and commencement.---(1) This Act may be called the Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010.

 

            (2)        It shall extend to whole of the Khyber Pakhtunkhwa.

 

            (3)        It shall come into force at once.

 

2.         Definitions.---(1) In this Act, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say-

 

(a)        “begging” means-

 

(i)         soliciting or receiving alms in a public or private place;

 

(ii)        exposing or exhibiting any sore, wound, injury, deformity or disease with the object of obtaining or extorting alms; and

 

(iii)       having no visible or known means of subsistence and found wandering about with the ostensible object of soliciting or receiving alms;

 

(b)        “best interest of a child” means primary consideration, in all actions either by public or private bodies, for protection, survival, development and participation of children;

 

(c)        “brothel” means any house, part of a house, room or place in which a prostitute carries on prostitution or any place where facilities are available for prostitution;

 

(d)       “child” for the purpose of this Act means a natural person who has not attained the age of eighteen years;

 

(e)        “child at risk” means a child in need of protection who;

 

(i)         is at risk, including an orphan, child with disabilities, child of migrant workers, child working and or living on the street, child in conflict with the law and child living in extreme poverty;

 

(ii)        is found begging; or

 

(iii)       is found without having any home or settled place of abode or without any ostensible means of subsistence; or

 

(iv)       has a parent or guardian who is unfit or incapacitated to exercise control over the child; or

 

(v)        lives in a brothel or with a prostitute or frequently visits any place being used for the purpose of prostitution or is found to associate with any prostitute or any other person who leads an immoral or depraved life; or

 

(vi)       is being or is likely to be abused or exploited for immoral or illegal purposes or gain; or

 

(vii)      is beyond the parental control; or

 

(viii)     is imprisoned with the mother or born in jail;

 

(ix)       has lost his parents or one of the parents and has no adequate source of income; or

 

(x)        is victim of an offence punishable under this Act or any other law for the time being in force and his parent or guardian is convicted or accused for the commission of such offence; or

 

(xi)       is left abandoned by his parent or parents as the case may be, which will include a child born out of wedlock and left abandoned by his parent;

 

(f)        “child pornography” means taking, permits to be taken, with or without the consent of the child, any photograph, film, video, picture or representation, portrait, or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of obscene or sexually explicit conduct, where-

 

(i)         the production of such visual depiction involves the use of a minor engaging in obscene or sexually explicit conduct; or

 

(ii)        such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaged in obscene or sexually explicit conduct; or

 

(iii)       such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in obscene or sexually explicit conduct, preparation, possession or distribution of any data stored on a computer disk or any other modern gadget;

 

(g)        “Child Protection Institution” means an institution or organization for the admission, care, protection and rehabilitation of children at risk, established or recognized under this Act or the rules made thereunder, which shall  include a “Kafalat Ghar” or “Children Home” or “Orphanage” established by  Government for the abandoned children;

 

(h)        “Child Protection Officer” means a person appointed as Child Protection Officer under section 11;

 

(i)         “Child Protection Unit” means a Child Protection Unit established for a local area under section 9;

 

(j)         “child trafficking” means knowingly purchasing, selling, harboring, transporting, providing, detaining or obtaining a child through coercion, kidnapping or abduction, or by giving or receiving any benefit for trafficking him into or out of Pakistan or with intention thereof, for the purpose of exploitative entertainment by any person and receiving or expecting to receive some benefit in lieu thereof;

 

(k)        “Code” means the Code of Criminal Procedure, 1898
(Act No. V of 1898);

 

(l)         “Commission” means the Child Protection and Welfare Commission established under section 3;

 

(m)       “corporal punishment” means intentional use of physical force intended to cause a high degree of pain or discomfort for discipline, correction and control, changing behaviour or in the belief of educating or bringing up the child, that either results in or has a high likelihood of resulting in injury, psychological harm, mal-development or deprivation;

 

(n)        “fosterage” means breast feeding and nurturing of an infant by a women (who is not the natural mother of that infant) according to Islamic tenants;

 

(o)        “Fund” means the Children Protection and Welfare Fund established under section 14;

 

(p)        “Government” means the Government of the Khyber Pakhtunkhwa;

 

(q)        “kafalat” means adoption by payment to the Child Protection Institution where the child is under protection, for his living, maintenance and education expenses in that institution;

 

(r)        “member” means a member of the Commission;

 

(s)        “narcotic drug” means any article defined as narcotic drug in the Control of Narcotic Substance Act, 1997(Act No. XXV of 1997);

 

(t)        “prescribed” means prescribed by rules or regulations made under this Act;

 

(u)        “protection” means care shelter maintenance, education and provision of parental/family environment, this will also include an infant given in fosterage;

 

(v)        “Province” means the Province of the North-West Frontier;

 

(w)       “regulations and rules” means regulations and rules made under section 62 of this Act;

 

(x)        “section” means a section of this Act;

 

(y)        “sexual abuse” means employing, using, forcing, persuading, inducing, enticing, or coercing any child to engage in, or assisting any other person to engage in fondling, stroking, caressing, exhibitionism, voyeurism or any obscene or sexually explicit conduct or stimulation of such conduct either independently or in conjunction with other acts, with or without his consent; and

 

(z)        “suitable person” means a person declared by the Court suitable, in the best interest of the child, for entrustment with the custody of a child  at risk.

 

            (2)        Words and expressions used and defined under this Act if defined under any other law for the time being in force shall be considered in addition to this section and not in derogation thereof and any words and expressions used in this Act but not defined shall have the same meaning respectively assigned to them in Code or the Juvenile Justice System Ordinance, 2000 (Ordinance No. XXII of 2000) or in any other relevant Federal or Provincial Law.

 

PART-II

CHILD PROTECTION AND

WELFARE COMMISSION

 

3.         Establishment of the Commission.---(1) As soon as may be after the commencement of this Act, Government shall establish a Commission to be known as the Khyber Pakhtunkhwa Child Protection and Welfare Commission.

 

            (2)        The Commission shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire land in accordance with law and hold properties both movable and immovable and may sue and be sued by the said name.

            (3)        Government may transfer state land or building, free of cost, to be utilized for the purposes of this Act.

            (4)        The composition of the Commission shall be as follows:

 

(a)             Minister for Social Welfare and Women Development Department;

 

Chairman

(b)              Secretary to Government  Social Welfare and Women Development Department;

 

Vice-Chairperson

(c)        Secretary to Government, Finance Department or his nominee not below the rank of Deputy Secretary;

 

Ex-officio Member

(d)       Secretary to Government, Home and Tribal Affairs Department or his nominee not below the rank of Deputy Secretary;

 

Ex-officio Member

(e)        Secretary to Government, Law Parliamentary Affairs and Human Rights Department or his nominee not below the rank of Deputy Secretary;

 

Ex-officio Member

(f)        Secretary to Government, Local Government, Election and Rural Development Department or his nominee not below the rank of Deputy Secretary;

 

Ex-officio Member

(g)        Secretary to     Government, Elementary Education Department or his nominee not below the rank of Deputy Secretary;

 

Ex-officio Member

(h)        not exceeding six persons from civil society organizations, Members of Provincial Assembly, Lawyers and Ulema;

 

Members

(i)         Chief Protection Officer;

Secretary-cum-member.

 

            (5)        The persons appointed under clause (h) of sub-section (4) shall be appointed by Government, who shall be the persons of repute having experience in the affairs of children and at least three amongst them shall be women.

 

(6)        The Commission shall be the executive authority, having administrative control and management of the affairs of the Commission, its secretariat, institutions and organizations running under the Commission.

 

            (7)        Members of the Commission, other than ex-officio members, shall hold office for a period of three years and may serve on the Commission for more than two consecutive terms.

 

            (8)        The Commission shall meet on quarterly basis at such time and place and observe such rules of business as may be prescribed by rules.

 

            (9)        The Chairman shall preside over the meeting and in his absence any other ex-officio member of the Commission, to be elected by the present members, shall preside over the meeting.

           

            (10)      Six members including at least three ex-officio members shall constitute quorum for a meeting of the Commission.

           

            (11)      All decisions in a meeting shall be taken by majority of votes and the Chairperson shall have the casting vote in case of equality of votes.

 

            (12)      Government may remove any member, appointed under clause (h) of sub-section (4), during the tenure of his office in the manner as may be prescribed by rules.

 

            (13)      Any vacancy caused due to death, resignation or removal of a member, other than an ex-officio member, shall be filled in by Government within one month time through appointment of another person as member and such appointee shall, hold such office for the unexpired term of his predecessor.

 

            (14)      Any member other than ex-officio members may resign from his office by tendering his resignation to Government.

 

4.         Powers and functions of the Commission.---(1) Subject to the provisions of this Act, the Commission shall have the following powers and functions,-

 

(a)        to act as a focal point for effective supervision and coordination of child rights matters at provincial and local levels, and develop and coordinate activities programmes and plans for the development, protection, survival, participation and rehabilitation of Children at risk;

 

(b)        to coordinate with National Commission on the Rights of Children (NCRC);

 

(c)        to implement policies for the prevention, protection, rehabilitation and reintegration of children at risk;

 

(d)       to review all provincial laws, rules and regulations affecting the status and rights of children and propose new laws in this behalf, wherever necessary, to safeguard and promote the interest of child in accordance with the Constitution of the Islamic Republic of Pakistan and obligations under international covenants and commitments:

 

                        Provided that these obligations and covenants are not repugnant to injunctions of Islam;

 

(e)        to provide technical and other support in the interests of children to the Provincial Departments, local governments or civil society organizations and create awareness and educate the public about the status of Children at risk through print and electronic media as well as holding lectures and seminars etc;

 

(f)        to monitor the implementation and violation of laws related to child protection, welfare and rights including prevention of child labor, child sexual abuse, child sexual exploitation, prostitution, pornography, child trafficking and any form of violence against children and to take necessary measures by enquiring into or referring individual complaints for their redressal to other appropriate Authorities or Departments or Agencies;

 

(g)        to establish, manage, supervise and control Child Protection Units;

 

(h)        to provide protective measures, inter alia, food and shelter, education and training to the children at risk by establishing, managing and recognizing Child Protection Institutions in accordance with the criteria laid down by the Commission;

 

(i)         to prohibition of physical and corporal punishments of any kind which may result in endangering the life, physical, mental, spiritual, moral or social development of the child, both within the family, and in any institution;

 

(j)         to mobilize financial resources, through national and international agencies, for programs relating to child protection, welfare and rights;

 

(k)        to improve rules and procedures concerning compulsory birth registration and registration of children without birth documents including registration of an abandoned child with the State filling for his parentage;

 

(l)         to reform, monitor and ensure the safety of children in residential care and juvenile detention facilities by efficient reorganization to meet with minimum standards and regular monitoring of each such institution;

 

(m)       to build a rapid-response child protection intervention capability for provincial level emergencies such as natural disasters or the outbreak of armed conflict;

 

(n)        development of a system if necessary, of acquiring partnership of private organizations for management or funding or both, of any or all child protection institutions, which may include arranging “kafalat” of a child by private citizens;

 

(o)        to revise the minimum age of criminal responsibility to a nationally acceptable level;

 

(p)        development of a uniform structure for data collection and computerized data recording, to facilitate evidence-based policy formulation; and

(q)        to do all such acts and things as are ancillary or incidental to any of the functions stated above and any other functions, which may be assigned to it by Government.

 

            (2)        The Commission may appoint employees, which are necessary for the discharge of their functions with such terms and conditions, as may be prescribed under the regulations.

 

            (3)        The Commission may authorize the employees for the performance of its functions.

           

5.         Chief Protection Officer.---(1) There shall be a Chief Protection Officer of the Commission to be appointed by Government on the recommendation of the Commission, on such terms and conditions as may be prescribed by rules.

 

            (2)        The Chief Protection Officer shall be the Chief Executive of the Secretariat of the Commission and shall be provided with such staff and facilities as the Commission may consider necessary.

 

            (3)        The minimum qualifications necessary for the appointment to the post of the Chief Protection Officer shall be such as may be prescribed by rules.

           

(4)        The Chief Protection Officer shall exercise such powers and perform such functions as may be prescribed by rules.

 

            (5)        The term of office of the Chief Protection Officer shall be renewable for a period of three years:

 

            Provided that Chief Protection Officer may resign, during the term of his office, by tendering his resignation in writing to Government:

 

            Provided further that on the advice of the Commission, Government may on grounds of inefficiency or misconduct and in accordance with the prescribed procedure, terminate the services of the Chief Protection Officer.

 

6.         Committees.---The Commission may constitute such committees as it deems necessary and delegate any of its powers and functions or assign duties in connection to its powers and functions as the Commission may deem necessary for giving effect to the provisions of this Act.

 

7.         Annual progress report.---(1) The Chief Protection Officer shall prepare an annual progress report at the end of each financial year, within one month and not later than three months from the closing date of the financial year, and shall circulate it to all the members of the Commission.

 

            (2)        The report as circulated shall be considered in the coming meeting of the Commission and after approval shall be submitted to the Provincial Assembly for appraisal.

 

8.         Assistance to the Commission.---All the executive authorities and citizens shall act in aid and assistance of the Commission in the performance of its functions.

 

PART-III

CHILD PROTECTION UNIT, CHILD PROTECTION OFFICERS

AND CHILD PROTECTION INSTITUTIONS

 

9.         Child Protection Unit.---(1) There shall be a Child Protection Unit, at District level, to be established by Government, which shall work under the administrative control of the Commission.

 

            (2)        The Social Welfare Officer of the District concerned shall be the incharge of the Child Protection Unit, who shall be assisted by Child Protection Officers, to be appointed by the Commission as provided under section 11 of this Act.

            (3)        The Social Welfare Officer shall be assisted by such other members as may be determined by the Commission.

 

            (4)        The tenure and terms and conditions of the members shall be such, as may be prescribed by rules.

 

10.       Functions of Child Protection Unit.---(1) The Child Protection Unit shall perform the following functions:

 

(a)        receiving and registering children and their families who are considered to be in need of protection;

 

(b)        assessing the needs of individual children and their families according to survival and departmental priorities, shelter, food, health, education, cognitive, emotional, and evolving capacities;

 

(c)        planning and coordinating the provision of services in cash or in kind to meet the assessed needs of children and their families;

 

(d)       periodically or quarterly reviewing the intervention plan to protect children to ensure its continuity and capacity to meet the assessed needs;

 

(e)        introduction and use of indicators related to the child abuse and exploitation prevention aspects in the monitoring visits to families, residential institutions, services, schools etc;

 

(f)        developing consultative community structures and preparing them to support initiatives for the prevention of abuse, neglect and exploitation through the formation of Child Protection Committees;

 

(g)        maintaining and updating record of all its activities and transmit the same regularly to the Commission;

 

(h)        follow-up of children after their release from the Child Protection Institution or jail for about six months; and

 

(i)         provision of preventive and protective services and programmes of general interest.

 

            (2)        The Child Protection Unit shall exercise any other such power and function as delegated or devolved upon it by the Commission.

11.       Child Protection Officer.---(1)  The Commission may, for carrying out the purposes of this Act, appoint as many Child Protection Officers for each District, on such term and conditions, as may be prescribed by rules.

 

            (2)        Subject to the provisions of this Act and of any rules made there under, a Child Protection Officer may, within the local limits for which he is appointed, and in any other area with the permission of the Commission,-

 

(a)        inspect any Child Protection Institution  or any other such establishment or building where shelter, training facilitation offered or purported to be offered to children at risk, run under governmental or non-governmental organization, the means employed for livelihood of such children, their living conditions and all relevant record etc;

 

(b)        enter and search, with police assistance, if any, as he deems necessary, any building, premises or place, in which he has reason to believe that an offence under this Act or any rules made thereunder has been or is  being committed or may continue to be committed;

 

(c)        seize such materials and articles which he has reason to believe may furnish  evidence of the commission of an offence punishable under this Act or any rules made thereunder;

 

(d)       call any person to be present as witness in the course of search in connection with any other matter under this Act where the presence of witnesses is necessary; and

 

(e)        exercise such other powers as the Commission may delegate to it, for carrying out the purposes of this Act or any rules made there under:

 

            Provided that the powers under clause (a) of this sub-section shall be exercisable only by a Child Protection Officer specifically authorised in this behalf, by an order in writing, by Government, subject to such conditions as may be specified in such order.

 

            (3)        The provisions of the Code of Criminal Procedure, 1898
(Act No. V of 1898) shall apply to searches and seizures made under this Act.

 

            (4)        The Child Protection Officer may, with prior authorization of Government, in writing through Gazetted notification, register First Information Report or Complaint against any person or persons who have committed any offence under this Act.

 

[1][12.     Establishment and recognition of Child Protection Institution.---(1) Government may establish, recognize, one or more Child Protection Institutions at such place or places in the Province, as it deems fit.

 

(2)        The Child Protection Institution shall not only provide the children at risk with accommodation, treatment, maintenance, and facility for education, but also provide him the facility for the development of his character and abilities and give him necessary training for protecting himself against morel dangers or exploitations.

 

(3)        The Child Protection Institution shall be managed, maintained and controlled by an independent Institute Management Committee, consisting of such number of official and non-official members as Government may prescribe by rules.

 

(4)        The non-official members shall have such qualifications and shall be appointed for such period as may be prescribed.

 

(5)        For the purpose of sub-section (2), the Institute Management Committee, shall exercise and perform following powers and functions:

 

(a)                policy making of the Child Protection Institution and ensuring that the performance of the Institution and its programmers are efficient and effective;

 

(b)               making by laws for running the affairs of the Child Protection Institute;

 

(c)                ensuring that the objectives of the Child Protection Institution Policy are achieved;

 

(d)               overseeing the effective management and providing strategic direction to the Child Protection Institution;

 

(e)        approval of financial plans and annual budget of the Child Protection Institute;

 

(f)        raising of funds through donations and grants for the activities of the Child Protection Institution;

 

(g)        making by laws for appointment, terms and conditions of service, disciplinary matters for the employees of a Child Protection Institution;

 

(h)        approval of the vision and mission statement of the Child Protection Institution;

 

(i)         approval of the annual business plan;

 

(j)         review and approval of major transaction;

 

(k)        approval of new programmes and services and monitor organizational performance;

 

(l)         approval of the programmes and services to ensure the Child Protection Institution fulfills legal, regulatory and accreditation requirements;

 

(m)       constitute Executive Committee, Finance Committee, Recruitment Committees, or sub-committees, as it may deem appropriate; and

 

(n)        coordination with Non-Governmental Organizations or Civil Society Organizations and Philanthropists for sponsoring the child or children enrolled in the Child Protection Institution, as the case may be.  

 

(6)        Notwithstanding anything contained in section 13, each Child Protection Institution shall have its own fund consisting of grants from Government and contribution from international and donor agencies.

 

(7)        The accounts of the Child Protection Institution shall be maintained in such a manner as Government may prescribe and shall be audited by the Auditor General of Pakistan in prescribed manner.]

 

PART-IV

CHILD  PROTECTION AND WELFARE FUND

 

13.       Child Protection and Welfare Fund.---(1) The Commission shall establish a Fund to be known as “Child Protection and Welfare Fund”.

 

            (2)        The Fund shall consist of grant, donation, endowment and bequest received from any source by the Commission for the care, protection, maintenance, welfare, training, education, rehabilitation and reintegration of children at risk.

 

14.       Audit of the Fund.---(1) The Fund shall be kept, operated, spent and audited in such manner as may be prescribed by rules.

            (2)        Without prejudice to the requirement of audit by an auditor appointed by Government in accordance with the provisions of any other law for the time being in force, the annual audited statement of accounts of such fund shall be prepared in conformity with the Generally Accepted Accounting Principles (GAAP) by a qualified firm of Chartered Accountants and signed by the Chairman of the Commission. The annual audited statement of accounts so prepared shall be submitted to the Provincial Accounts Committee and may also be available to general public as soon as such report is prepared.

 

PART-V

CHILD PROTECTION COURTS

 

15.       Children Protection Court.---(1)  Government may in consultation with Peshawar High Court, Peshawar  by notification in the Official Gazette notify different Courts of Sessions as Child Protection Courts under this Act.

 

            (2)        The Peshawar High Court, Peshawar may confer powers of the Court for a local area upon a Sessions Judge or an Additional Sessions Judge, as appears to it to be a appropriate for the purpose of this Act.

 

16.       Powers and Functions of the Court.---(1) The Court may issue orders in respect of handing over the custody of a child at risk  that is brought before him, either to his parents, guardian, a suitable person or a Child Protection Institution, as the case may be.

 

            (2)        The Court shall, informs the child of the situation and obtain his views before making an order in respect of his custody and care.

 

            (3)        The Court shall, before making an order in respect of protection and care of a child, consider continuity in his upbringing and take into consideration the ethnic, religious, cultural, linguistic background and all other relevant factors in the best interest of the child at risk.

 

            (4)        While making the orders under this Chapter, the Court shall prefer keeping the child in parental care, or extended family care, or non-kinship care than placement of a child at a Child Protection Institution.

 

            (5)        The Court shall monitor the status of that child through reports submitted by the Child Protection Officers, any officer authorized by the Commission or through requiring the appearance of a child and the person responsible for his custody and care before itself.

 

            (6)        The Court shall finally decide a case within four months from the date of production of a child before it. In the event of the expiry of 60 days period before the final decision of the Court, the Court shall communicate, in writing, to the concerned District Judge, the reasons, if any, of the delay.

 

            (7)        Appeal against the orders of the Court shall lie to the High Court within thirty days of the judgment.

 

            (8)        The High Court may, at any time, either of its own motion or on an application received in this behalf, call for the record of any proceeding in which any  Court of Session has passed an order for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it thinks fit, provided that the High Court shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.

 

17.       False, frivolous or vexatious information.---(1) If information in respect of a child at risk has been laid before a Court by any person and the Court after such inquiry as it deems necessary, is of the opinion that such information is false, frivolous or vexatious, the Court may, for reasons to be recorded in writing, direct that compensation, not exceeding one hundred thousand rupees, be paid by such informer to the aggrieved person against whom the information was laid.

 

            (2)        Before making any order for payment of compensation, the Court shall call upon the informer to show-cause why he should not pay compensation.

 

            (3)        The Court may, by its order directing payment of compensation, further order that in case of default, the person held liable for compensation shall suffer simple imprisonment for a term not exceeding one year.

 

            (4)        When an order for payment of compensation is made under sub- section (1), the compensation shall not be paid before the expiry of one month in order to allow sufficient time to appeal against such order.

 

18.       Transfer of cases in the interest of justice.---Whenever it appears to the Court while dealing with a matter under this Act that:

 

(a)        a fair and impartial trial cannot be held by it or
holding trial will cause inconvenience to the parties or witnesses; or

 

(b)        trial by some other Court or at some other place is expedient for the ends of justice and is in the best interest of child, the Court shall report the matter to the concerned High Court or the District Judge, as the case may be, for transfer of the case to another Court after hearing the parties.

 

PART-VI

RESCUE, CARE, PROTECTION AND

REHABILITATION OF CHILDREN AT RISK

 

19.       Initiation of proceedings.---(1)  Proceedings under this part of the Act can only be initiated in respect of  a child who has not attained the age of eighteen years notwithstanding that during the course of such proceedings he may have attained the age of eighteen years.

 

            (2)        In case of any dispute as to the age of a child, the Court shall decide the same in the first instance based on the medical report of the Medical Superintendent of the district concerned whose advice about the age of the child shall be final for the purposes of this Act.

 

20.       Rescue of child at risk.---Subject to section 19, a Child Protection Officer upon information or complaint, may take into protection a child at risk and shall produce him before the Court within twenty-four hours of taking the child into such protection:

 

            Provided that where such a child is in the protection of his parent or guardian, the officer shall not take him into protection but shall in the first instance, make a report to the Court:

 

            Provided further that the first proviso shall not be applicable in case of a child who is found begging or he is a victim of an offence alleged to have been committed by his parent or guardian.

 

21.       Court may directs production of child by parents or guardian.---(1)  The Court to which a report is made under the first proviso to section 20, may call upon such parent or guardian to produce the child before it and show cause as to why the said child should not, during the pendency of the proceedings, be removed from his protection; and may order the child to be admitted in a Child Protection Institution, or on suitable surety being offered for the safety of such child and for his being brought before it, permit the child to remain in the protection of his parents or guardian.

 

            (2)        Where it appears to the Court that the child is likely to be removed from the jurisdiction of the Court or is concealed, it may issue a search warrant for the production of the child, and order his immediate admission to a Child Protection Institution.

 

22.       Examination of person producing or reporting.---(1) The Court  before which a child is brought under section 20 or is produced under section 27 shall examine on oath the person who has brought the child or made the report and record the substance of such examination and may order the admission of the child to a Child Protection Institution  pending  any further inquiry, if any.

 

            (2)        On the date fixed for the production of the child for the inquiry or on any subsequent date to which the proceedings may be adjourned, the Court shall hear and record substance of evidence which may be adduced and consider any cause which may be shown rendering admission of child necessary to Child Protection Institute.

 

23.       Reports to be treated as confidential.---Any reports pertaining to the child at risk shall be treated as confidential from the initiation of proceeding up to disposal of case but the substance of that report shall be open to the child at risk, his parent, guardian or extended family member or other parties concerned.

 

24.       Prohibition of Publication of names, etc., of child at risk involved in any proceeding under this Act.---(1) No report in any newspaper, magazine or news sheet of any assessment regarding a child at risk under this Act shall disclose the name, address or school or any other particulars, which lead to the identification of the child at risk nor shall any picture of the child at risk be published:

 

            Provided that for reasons to be recorded in writing, the authority holding the assessment may permit such disclosure, if in its opinion such disclosure is in the interest of the child at risk.

 

            (2)        Any person contravening the provisions of sub-section (1) shall be punished with fine which may extend to ten thousand rupees.

 

25.       Entrustment of Protection of a child at risk.---(1) If the Court  is satisfied that the child at risk brought before it, is in need of protection and that it is expedient to deal with him, the Court may order that he be admitted to a Child Protection Institution or his protection be entrusted to a suitable person, who is able and willing to look after the child at risk, until such child at risk attains the age of eighteen years, or in exceptional cases for a shorter period.

 

            (2)        The Court which makes an order for entrusting a child at risk in the custody of a suitable person may, when making such an order, require such person to execute a bond with or without sureties and an undertaking that makes him liable for the protection, of the child at risk and for the observance of such other conditions as the Court may impose for ensuring the welfare of the child at risk.

 

            (3)        The Court that makes an order for entrusting a child at risk to a suitable person may order him for submission of periodical reports of welfare of the child at risk to the Court through Child Protection Officer.

 

            (4)        The Court may from time to time during the protective care of a child at risk, compel the production of child at risk in the Court to satisfy itself that the conditions of such protection are being carried out.

 

            (5)        If at any time it appears to the Court from information received from any source that there has been a breach of any condition contained in the bond, it may, after making such inquiry as it deems fit, order the child at risk to be admitted into a Child Protection Institution or be entrusted to the protective care of any other suitable person.

 

26.       Sending of child at risk having place of residence outside jurisdiction.---(1) In the case of a child at risk whose ordinary place of residence is not within  the jurisdiction of Court, the Court may direct that the child at risk be kept in such protective care and be produced before a Court having territorial jurisdiction over the place of residence of the child at risk or to deal with his protective care in any other manner provided in this Act.

 

            (2)        Where a child at risk is produced before a Court on the direction of any other Court given under the foregoing provision of this section, such Court may regulate the protection of the child at risk as if the child at risk has been produced before it in terms of section 19 of this Act.

 

27.       Warrant to search for a child at risk.---(1) If it appear to a Court from information received on oath or solemn affirmation laid by any person who, in the opinion of the Court, is acting in the interest of the child at risk that there are reasons to believe that a child at risk needs immediate protection, the Court may issue warrant for the production of the child at risk before it.

 

            (2)        The officer executing the warrant shall be accompanied by the person laying the information, if such person so desires and may also, if the Court, by whom the warrant is issued so directs, be accompanied by a duly qualified medical practitioner or the police or both.

 

            (3)        If any such child at risk is brought before the Court and the Court is satisfied that the child at risk is in need of protection, it may deal with his protective care in accordance with the provisions of this Act.

 

28.       Period of protective care.---Subject to any order of the Court or any direction of the Commission, a child at risk ordered to be admitted to a Child Protection Institution shall be kept in the Child Protection Institution till he attains the age of eighteen years.

 

29.       Contribution of parents.---(1) Where an order has been made for the admission of a child at risk into a Child Protection Institution or giving the  protection of the child at risk to a suitable person, the Court may direct a parent, in a suitable case, to pay maintenance of the child at risk at such rates as may be determined by the Court:

 

            Provided that while passing any such order, the Court shall take into consideration the capacity of the parents to pay maintenance.

 

            (2)        In case of non-compliance of direction for the payment of maintenance issued under sub-section (1) the Court may recover the amount from the parent as arrears of land revenue.

 

30.       Protection of child against child marriage.---Protection against child marriage and discriminatory customary practices shall be provided in accordance with federal laws in vogue on the subjects.

 

PART-VII

SENTENCING OF CHILD

 

31.       Sentencing in respect of a child above the age of twelve and below the age of fifteen.---(1)  A child above the age of twelve and below the age of fifteen, when convicted may be:

 

(i)         ordered to perform a community service, through probation officer, if the offender is above the age of fourteen, up to the half of the imprisonment prescribed for the offence; or

 

(ii)        fined:

 

            Provided that there shall be no imprisonment in default of the payment of the fine:

 

            Provided further, the Juvenile Court may combine the sentences.

 

            (2)        The Court may order that the fine may be paid from the Fund if it is satisfied that the child is destitute, without parental care and his parents or lawful guardians are incapable of making payment on his behalf.

 

32.       Sentencing in respect of a child above the age of fifteen and below the age of eighteen.---A child above the age of fifteen and below the age of eighteen when convicted shall be treated in accordance with the provisions of Juvenile Justice System Ordinance, 2000 (Ord. No. XXII of 2000); provided that the Court may order the community service up to the imprisonment period prescribed for the offence.

 

 

 

PART-VIII

OFFENCES AND PENALTIES

 

33.       Abolishment of corporal punishment.---Corporal punishment stands abolished in all its kinds and manifestations and its practice in any form is prohibited as provided under section 89 of the Pakistan Penal Code, 1860 (Act No. XLV of 1860).

 

34.       Punishment for corporal punishment.---Whosoever causes or permits to cause corporal punishment, through omission or commission, in any form, under any circumstances or for any purpose, to a child, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees, or with both.

 

35.       Fraud or deceit on a child.---Whosoever, by words, spoken or written, or by signs or otherwise, incites, attempts to incite, deceits or allows a child to engage in any activity which is harmful for the physical, mental, emotional, economic and social well being of a child shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to one hundred thousand rupees or both.

 

36.       Violence against a child.---Whosoever, commits an act which cause or intend to cause, harm, pain, suffering or humiliation to a child, destroys, defiles or diminishes the value of any property belonging to him, is said to have committed an offence of violence.

 

37.       Punishment for violence.---Whosoever, commits violence against a child shall be punished with imprisonment for a term which may extend to three years and with fine which may extend to one hundred thousand rupees; provided that if the offence is committed by a group of more than two persons, the term of imprisonment which may extend to ten years each with a fine which may extend to one hundred thousand rupees each.

 

38.       Harmful practices.---Whosoever, coerces or induces any child to indulge in or to undertake any activity or vocation for the purposes of complying with a tradition or a custom, which is or might be dangerous, harmful, hazardous or otherwise improper for any child, shall be guilty of the offence of harmful practice.

 

39.       Punishment for harmful and abusive practices.---Whosoever commits the offence of harmful practice shall be punished with imprisonment for a term which may extend to three years or fine which may extend to one hundred thousand rupees or both.

 

40.       Dealing in organs of a child.---(1) Whosoever illegally sells, purchases, delivers, transports, imports, exports, keeps or deals in any manner whatsoever in organs of a child, directly or indirectly, with or without consideration, or aids or abets in the commission or omission of the above, shall be guilty of an offence.

           

(2)        Notwithstanding anything contained in sub-section (1) of this section an act of implantation or transplantation of organs or tissues from the body of a living child, if authorized by qualified medical experts and conducted under their supervision in accordance with the standards of medical profession in the best interest of the child, shall not constitute an offence.

 

41.       Punishment for dealing in organs of a child.---Whosoever, commits the offence of dealing in organs of a child may be punished with sentence of death or imprisonment for life and shall also be liable to fine which may extend to one million rupees.

 

42.       Unauthorized custody.---Whosoever takes a child at risk, into his custody in contravention of the provisions of this Act, shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to fifty thousand rupees or with both.

 

43.       Punishment for attempting to commit an offence.---Whosoever attempts to commit an offence punishable under this Act or to cause such an offence to be committed, shall be punished with the punishment provided for that offence.

 

44.       Cruelty to a child.---Whoever, not being a parent, having the actual charge of or control over a child, willfully assaults, ill-treats, neglects, abandons or exposes him to be assaulted physically, or negligently fails to provide adequate food, clothes or medical aid, or behaving with the child in a manner likely to cause such child unnecessary mental and physical suffering, shall be punished with rigorous imprisonment for a term which may extend to three years and shall  also be liable to a fine  which may extend to fifty thousand rupees:

 

            Provided that where some reasonable punishment, not corporal punishment, in good faith is administered to a child by the person having lawful control or protective care of the child as parents normally would do for the betterment of the child, it shall not be deemed to be an offence under this section.

 

45.       Employing child for begging.---Whoever employs any child for the purpose of begging or causes any child to beg or whoever having the protective care of a child connives at or encourages his employment for the purpose of begging, shall be punished with rigorous imprisonment for a term which may extend to three years and shall  also be liable to a fine which may extend to fifty thousand rupees.

 

46.       Giving intoxicating liquor or narcotics drug to child.---Whoever gives or causes to be given to any child any intoxicant or narcotic drug, except upon the prescription of a duly qualified medical practitioner, shall be punished with rigorous imprisonment of either description for a term which may extend to four years and shall also be liable to a fine which may extend to fifty thousand rupees.

 

47.       Permitting child to enter places where liquor or narcotic drugs are sold.---Whoever, with mala fide intentions-

 

(i)         takes a child to any place where an intoxicant is served or consumed; or

 

(ii)        being the proprietor, owner or a person in charge of such place, permits a child to enter such place; or

 

(iii)       causes or procures a child to go to such place;

shall be punished with rigorous imprisonment of either description for a term which may extend to three years and shall also be liable to a fine  which may extend to fifty thousand rupees.

 

48.       Punishment for child  pornography.---Whoever commits an offence of child pornography shall be punished with rigorous imprisonment of either description for a term which may not be less than three years and may extend to seven years and also liable to fine which may not be less than two hundred thousand rupees and may extend to five hundred thousand rupees.

 

49.       Inciting child to bet or borrow.---Whoever, by words, spoken or written, or by sign, or otherwise, incites or attempts to incite a child to make any bet or wager or to enter into or take any share or interest in any betting or wagering, shall be punished with rigorous imprisonment for a term which may extend to six months and shall also be liable to a fine  which may extend to fifty thousand rupees.

 

50.       Exposure to seduction.---Whoever seduces a child by any means whatsoever with an intent to involve him in any sexual activity or exposes him to obscene and sexually explicit material, document, a film, video or a computer generated imagine or attempts to do the aforementioned action, shall be punished with rigorous imprisonment of either description for a term which may extend to seven years or liable to fine which may extend to ten hundred thousand rupees, or with both

 

51.       Abetting escape of child.---Whoever-

 

(a)        knowingly assists or induces, directly or indirectly, a child admitted to a Child Protection Institution, to escape from the institution; or

 

(b)        knowingly harbors, conceals, connives with, assists or prevents a child from returning to a Child Protection Institution or to any person to whom the protection of the child was entrusted by the Court;

 

shall be punished with rigorous imprisonment for a term which may extend to three years and shall also be liable to fine  which may extend to fifty thousand rupees.

 

52.       Child trafficking.---Whoever involves himself in child trafficking within Pakistan shall be punished with imprisonment for life or which shall not be less than fourteen years and shall also be liable to fine which shall not be less than five hundred thousand rupees and may extend to ten hundred thousand rupees.

 

53.       Sexual abuse.---Whoever commits an offence of sexual abuse shall be punished with imprisonment for a term which may extend to fourteen years and shall not be less than seven years and shall also be liable to fine which shall not be less than ten hundred thousand rupees.

 

54.       Offences under this part cognizable, non-bailable and non-compoundable.---(1) All offences under this chapter shall be cognizable, arrests may be made without warrant, shall be non-bailable and non-compoundable.

 

            (2)        Nothing contained in this chapter shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence punishable under this Chapter and carries harsher punishment under that law.

 

            (3)        Whoever having been convicted of an offence under this chapter is convicted for a subsequent offence under the same section or sections shall be punished with rigorous imprisonment which shall not be less than the maximum punishment prescribed for that offence or twice the numbers of years of imprisonment and also fine which shall be twice the amount of fine provided for that offence in this chapter, whichever applicable.

 

55.       Punishment for actions in contravention of this Act.---Whoever contravenes the provisions of this Act including any person acting under this Act or any person and institution dealing with the custody and other matters related to a child at risk shall be punished with imprisonment of either description for a term which may extend to three years or liable to fine which may extend to fifty thousand rupees or with both.

PART-IX

MISCELLANEOUS

 

56.       Discharge of a child from a Child Protection Institution or from the care of any person to whose care he was entrusted.---(1) The Commission may at any time order a child at risk to be discharged from a Child Protection Institution, either absolutely or on such conditions as the Commission deems appropriate.

            (2)        The Court may, at any stage, on application or otherwise, discharge a child at risk from a Child Protection Institution or suitable person, as the case may be, either absolutely or on such conditions as the Court deems appropriate.

 

57.       Transfer between Child Protection Institutions of like nature in different parts of Pakistan.---(1) Subject to orders of Court, the Commission may, in consultation with the manager of a Child Protection Institution, transfer the custody of the child at risk from one Child Protection Institution to any other Child Protection Institution in any part of the Province.

 

            (2)        A child at risk shall normally be kept in a Child Protection Institution that is at or nearest to his place of domicile.

 

            (3)        The Court having jurisdiction over the local area of the Province where a child at risk is being kept may exercise all the powers of the Court under this Act or the rules made there under.

 

            (4)        Government may in consultation with the concerned Court direct any child at risk to be transferred from any Child Protection Institution in the Province to any Child Protection Institution of like nature in any other Province of Pakistan in respect of which Government of that Province has made provisions similar to this Act under any law for the time being in force:

 

            Provided that no child at risk shall be so transferred without the consent of Provincial Government of that other Province.

 

58.       International obligations.---Notwithstanding anything contained in this Act, the international obligations of Federal Government arising out of bilateral or multilateral agreements including treaties, with reference to child rights, liberty, care, maintenance, education, guardianship etc. by the Federal Government shall continue to be valid, binding and operative provided that anything repugnant to the Constitution of the Islamic Republic of Pakistan, 1973 shall not be binding and enforceable under this Act.

 

59.       Officers to be public servants.---The officers appointed or authorized under this Act shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code (Act No. XLV of 1860).

 

60.       Protection of action taken under this Act.---No suit, prosecution or other legal proceeding shall be instituted against any person, acting or purporting to act in good faith for the welfare of a child under this Act, rules or regulations made there under.

 

61.       Act to over-ride other laws.---Provisions of this Act shall have an over- riding effect, notwithstanding anything contained in any other law for the time being in force, with the exception of any section or sections of any other law for the time being in force, which may be more protective in case of a child at risk.

 

62.       Power to make rules and regulations.---(1) Government may, by notification in the Official Gazette, make rules or regulations, as may deem necessary, for carrying out the purposes of this Act.

           

            (2)        Commission may, by notification in the official Gazette, make regulations for carrying out the purposes of this Act.

 

63.       Repeal.---(1) The West-Pakistan Vagrancy Ordinance, 1958 (Ord. No. XX of 1958) and the North-West Frontier Province Orphanages (Supervision and Control) Act, 1976 (Act No. XIV of 1976) are hereby repealed.

 

(2)        Notwithstanding the repeal of the aforesaid laws, the repeal shall not affect or deemed to have affect anything done, action taken, investigation or proceeding commenced, order, rules, regulation, appointment, convenience, mortgage, deed, document or agreement made, direction given, proceeding taken or instrument executed or issued and any such thing, action, investigation, proceedings, order, rule, regulation, appointment, convenience mortgage, deed, document, agreement, direction or instrument shall if in force at the commencement of this Act and not inconsistent with any of the provision of this Act, continue to be in force, and have effect as if it were respectively done, taken, commenced, made, directed, passed, given, executed or issue under this Act.

 

64.       Limitations.---Notwithstanding anything contained in any other law for the time being in force no government agency, department or institution shall undertake any social or welfare service or services provided under this Act without prior approval of the Commission.

 

65.       Complaint against Commission.---Commission shall be answerable to the Chief Executive Authority of the Province in case of any complaint submitted by any person, organization, both government or non-governmental, against the Commission, in writing with full identity and address of the complainant, and after conducting inquiring through independent inquiry committee, appointed for the purpose by the Chief Executive Authority:

 

Provided that no action shall be taken by the Chief Executive Authority of the Province against Commission or any member of the Commission after conducting inquiry until a fair chance of hearing may not be given to the concerned.

 

66.       Removal of difficulties.---(1) If any question arises as to the interpretation of any of the provisions of this Act, it shall be placed before the Governor whose decision thereon shall be final.

 

            (2)        If any difficulty arises in giving effect to any of the provisions of this Act, the Governor of the Khyber Pakhtunkhwa may make such order after obtaining the views of the Commission not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty.

 

            (3)        Where this Act makes any provision for anything to be done but no provision or no sufficient provision has been made as respects the authority by whom, or the time at which, or the manner in which it shall be done, then it shall be done by such authority, at such time, or in such manner as the Governor may direct after obtaining the views of the Commission.

 

66.       Repeal of Ordinance No. II of 2010.---The Khyber Pakhtunkhwa Child Protection and Welfare Ordinance, 2010 (Khyber Pakhtunkhwa Ordinance No. II of 2010) is hereby repealed.

 

 



[1]Substituted vide Khyber Pakhtunkhwa Act No. VI of 2016