THE COMMISSIONS FOR PROTECTION OF CHILD RIGHTS ACT, 2005 
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ARRANGEMENT OF SECTIONS 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

CHAPTER II 

THE NATIONAL COMMISSIONFOR PROTECTONOF CHILD RIGHTS 

3.  Constitution of National Commission for Protection of Child Rights. 
4.  Appointment of Chairperson and Members. 
5.  Term of office and conditions of service of Chairperson and Members. 
6.  Salary and allowances of Chairperson and Members. 
7.  Removal from office. 
8.  Vacation of office by Chairperson or Member. 
9.  Vacancies, etc., not to invalidate proceedings of Commission. 
10.  Procedure for transaction of business. 
11.  Member-Secretary, officers and other employees of Commission. 
12.  Salaries and allowances to be paid out of grants. 

CHAPTER III 

FUNCTIONSAND POWERS OF THE COMMISSION 

13.  Functions of Commission. 
14.  Powers relating to inquiries. 
15.  Steps after inquiry. 
16.  Annual and special reports of Commission. 

CHAPTER IV 

STATE COMMISSIONFOR PROTECTION OF CHILD RIGHTS 

17.  Constitution of State Commission for Protection of Child Rights. 
18.  Appointment of Chairperson and other Members. 
19.  Term of office and conditions of service of Chairperson and Members. 
20.  Salary and allowances and Chairperson and Members. 
21.  Secretary, officers and other employees of the State Commission. 
22.  Salaries and allowances to be paid out of grants. 

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SECTIONS 

23.  Annual and special reports of State Commission. 
24.  Application  of  certain  provisions  relating  to  National  Commission  for  Protection  of  Child 

Rights to State Commissions. 

CHAPTER V 

CHILDRENS’S COURTS 

25.  Children’s Courts. 
26.  Special Public Prosecutor. 

CHAPTER VI 

FINANCE, ACCOUNTSAND AUDIT 

27.  Grants by Central Government. 
28.  Grants by State Governments. 
29.  Accounts and audit of Commission. 
30.  Accounts and audit of State Commission. 

CHAPTER VII 

MISCELLANEOUS 

31.  Protection of action taken in good faith. 
32.  Chairperson, Members and other officers to be public servant. 
33.  Directions by Central Government. 
34.  Returns or information. 
35.  Power of Central Government to make rules. 
36.  Power of State Government to make rules. 
37.  Power to remove difficulties. 

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THE COMMISSIONS FOR PROTECTION OF CHILDRIGHTS ACT, 2005 

ACT NO. 4 OF 2006 

[20th January, 2006.] 

An Act to provide for the constitution of a National Commission and State Commissions for 
Protection  of  Child  Rights  and  Children's  Courts  for  providing  speedy  trial  of  offences 
against  children  or  of  violation  of  child  rights  and  for  matters  connected  therewith  or 
incidental thereto. 

WHEREAS  India  participated  in  the  United  Nations  (UN)  General  Assembly  Summit  in1990, 

which adopted a Declaration on Survival, Protection and Development of Children; 

AND WHEREAS India has also acceded to the Convention on the Rights of the Child (CRC) on the 

11th December, 1992; 

AND WHEREAS CRC is an international treaty that makes it incumbent upon the signatory States 

to take all necessary steps to protect children's rights enumerated in the Convention; 

AND WHEREAS in order to ensure protection of rights of children one of the recent initiatives that 

the Government have taken for Children is the adoption of National Charter for Children, 2003; 

AND WHEREAS the UN General Assembly Special Session on Children held in May, 2002 adopted 
an Outcome Document titled “A World Fit for Children” containing the goals, objectives, strategies 
and activities to be undertaken by the member countries for the current decade; 

AND  WHEREAS  it  is  expedient  to  enact  a  law  relating  to  children  to  give  effect  to  the  policies 
adopted  by  the  Government  in  this  regard,  standards  prescribed  in  the  CRC,  and  all  other  relevant 
international instruments; 

BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent  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 1***. 
(3) It shall come into force on such date2 as the Central Government may, by notification in the 

Official Gazette, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “Chairperson” means the Chairperson of the Commission or of the State Commission, as 

the case may be; 

(b) “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; 

(c) “Commission” means the National Commission for Protection of Child Rights constituted 

under section 3; 

(d) “Member” means a Member of the Commission or of the State Commission, as the case 

may be, and includes the Chairperson; 

1.  The  words  “except  the  State  of  Jammu  and  Kashmir”  omitted  by  Act  34  of  2019,  s.  95  and  the  Fifth  Schedule            

(w.e.f. 31-10- 2019). 

2.  5th  February,  2007,  vide  notification  No.  S.O.  229(E),  dated  15th  February,  2007,  see  Gazette  of  India, 
Extraordinary, Part II, sec. 3(ii). 

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(e) “notification” means a notification published in the Official Gazette; 

(f) “prescribed” means prescribed by rules made under this Act; 

(g) “State Commission” means a State Commission for Protection of Child Rights constituted 

under section 17. 

THE NATIONAL COMMISSIONFOR PROTECTIONOF CHILD RIGHTS 

CHAPTER II 

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; 

(iii)  juvenile  justice  or  care  of  neglected  or  marginalized  children  or  children  with 

disabilities; 

(iv) elimination of child labour or children in distress; 

(v) child psychology or sociology; and 

(vi) laws relating to children. 

(3) The office of the Commission shall be at Delhi. 

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]. 

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. 

1.  Subs.  by  Act  4  of  2007,  s.2.,  for  “Minister  in-charge  of  the  Ministry  of  Human  Resource  Development”                          

(w.e.f. 29-12-2006). 

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(2)  The  Chairperson  or  a  Member  may,  by  writing  under  his  hand  addressed  to  the  Central 

Government, resign his office at any time. 

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. 

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 

(e)  has  so  abused  his  office  as  to  render  his  continuance  in  office  detrimental  to  the  public 

interest; or 

(f)  is  convicted  and  sentenced  to  imprisonment  for  an  offence  which  in  the  opinion  of  the 

Central Government involves moral turpitude; or 

(g)  is,  without  obtaining  leave  of  absence  from  the  Commission,  absent  from  three 

consecutive meetings of the Commission. 

(3) No person shall be removed under this section until that person has been given an opportunity 

of being heard in the matter. 

8. Vacation of office by Chairperson or Members.—(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 4and 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. 

9. Vacancies, etc., not to invalidate proceedings of Commission.—No act or proceeding of the 

Commission shall be invalid merely by reason of— 

(a) any vacancy in, or any defect in the constitution of, the Commission; or 

(b) any defect in the appointment of a person as the Chairperson or a Member; or 

(c) any irregularity in the procedure of the Commission not affecting the merits of the case. 

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10.  Procedure  for  transaction  of  business.—(1)  The  Commission  shall  meet  regularly  at  its 
office at such time as the Chairperson thinks fit, but three months shall not intervene between its last 
and the next meeting. 

(2) All decisions at a meeting shall be taken by majority: 

Provided  that  in  the  case  of  equality  of  votes,  the  Chairperson,  or  in  his  absence  the  person 

presiding, shall have and exercise a second or casting vote. 

(3)  If  for  any  reason,  the  Chairperson,  is  unable  to  attend  the  meeting  of  the  Commission,  any 

Member chosen by the Members present from amongst themselves at the meeting, shall preside. 

(4) The Commission shall observe such rules of procedure in the transaction of its business at a 

meeting, including the quorum at such meeting, as may be prescribed by the Central Government. 

(5) All orders and decisions of the Commission shall be authenticated by the Member-Secretary 

or any other officer of the Commission duly authorised by Member-Secretary in this behalf. 

11.  Member-Secretary,  officers  and  other  employees  of  Commission.—(1)  The  Central 
Government shall, by notification, appoint an officer not below the rank of the Joint Secretary or the 
Additional Secretary to the Government of India as a Member-Secretary of the Commission and shall 
make  available  to  the  Commission  such  other  officers  and  employees  as  may  be  necessary  for  the 
efficient performance of its functions. 

(2) The Member-Secretary shall be responsible for the proper administration of the affairs of the 
Commission and its day-to-day management and shall exercise and discharge such other powers and 
perform such other duties as may be prescribed by the Central Government. 

(3)  The  salary  and  allowances  payable  to,  and  the  other  terms  and  conditions  of  service  of  the 
Member-Secretary, other officers and employees, appointed for the purpose of the Commission shall 
be such as may be prescribed by the Central Government. 

12. Salaries and allowances to be paid out of grants.—The salaries and allowances payable to 
the  Chairperson  and  Members  and  the  administrative  expenses,  including  salaries,  allowances  and 
pensions  payable  to  the  Member-Secretary,  other  officers  and  employees  referred  to  in  section  11, 
shall be paid out of the grants referred to in sub-section (1) of section 27. 

CHAPTER III 

FUNCTIONSAND POWERSOF THE COMMISSION 

13. Functions of Commission.—(1) The Commission shall perform all or any of the following 

functions, namely:— 

(a)  examine  and  review  the  safeguards  provided  by  or  under  any  law  for  the  time  being  in 
force  for  the  protection  of  child  rights  and  recommend  measures  for  their  effective 
implementation; 

(b)  present  to  the  Central  Government,  annually  and  at  such  other  intervals,  as  the 

Commission may deem fit, reports upon the working of those safeguards; 

(c)  inquire  into  violation  of  child  rights  and  recommend  initiation  of  proceedings  in  such 

cases; 

(d) examine all factors that inhibit the enjoyment of rights of children affected by terrorism, 
communal  violence,  riots,  natural  disaster,  domestic  violence,  HIV/AIDS, 
trafficking, 
maltreatment, torture and exploitation, pornography and prostitution and recommend appropriate 
remedial measures; 

(e) look into the matters relating to children in need of special care and protection including 
children  in  distress,  marginalized  and  disadvantaged  children,  children  in  conflict  with  law, 

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juveniles, children without family and children of prisoners and recommend appropriate remedial 
measures; 

(f)  study  treaties  and  other  international  instruments  and  undertake  periodical  review  of 
existing policies, programmes and other activities on child rights and make recommendations for 
their effective implementation in the best interest of children; 

(g) undertake and promote research in the field of child rights; 

(h) spread child rights literacy among various sections of the society and promote awareness 
of the safeguards available for protection of these rights through publications, the media, seminars 
and other available means; 

(i)  inspect  or  cause  to  be  inspected  any  juvenile  custodial  home,  or  any  other  place  of 
residence  or  institution  meant  for  children,  under the  control  of  the  Central  Government  or  any 
State Government or any  other authority, including any institution run by a  social organisation; 
where children are detained or lodged for the purpose of treatment, reformation or protection and 
take up with these authorities for remedial action, if found necessary; 

(j) inquire into complaints and take suo motu notice of matters relating to,— 

(i) deprivation and violation of child rights; 

(ii) non-implementation of laws providing for protection and development of children; 

(iii)  non-compliance  of  policy  decisions,  guidelines  or  instructions  aimed  at  mitigating 

hardships to and ensuring welfare of the children and to provide relief to such children,  

or take up the issues arising out of such matters with appropriate authorities; and 

(k) such other functions as it may consider necessary for the promotion of child rights and any 

other matter incidental to the above functions. 

(2)  The  Commission  shall  not  inquire  into  any  matter  which  is  pending  before  a  State 

Commission or any other Commission duly constituted under any law for the time being in force. 

14.  Powers  relating  to  inquiries.—(1)  The  Commission  shall,  while  inquiring  into  any  matter 
referred to in clause (j) of sub-section (1) of section 13 have all the powers of a civil court trying a suit 
under  the  Code  of  Civil  Procedure,  1908  (5  of  1908)  and,  in  particular,  in  respect  of  the  following 
matters, namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) discovery and production of any document; 

(c) receiving evidence on affidavits; 

(d) requisitioning any public record or copy thereof from any court or office; and 

(e) issuing commissions for the examination of witnesses or documents. 

(2) The Commission shall have the power to forward any case to a Magistrate having jurisdiction 
to  try  the  same  and  the  Magistrate  to  whom  any  such  case  is  forwarded  shall  proceed  to  hear  the 
complaint against the accused as if the case has been forwarded to him under section 346 of the Code 
of Criminal Procedure, 1973 (2 of 1974). 

15.  Steps  after  inquiry.—The  Commission  may  take  any  of  the  following  steps  upon  the 

completion of an inquiry held under this Act, namely:— 

(i) where the inquiry discloses, the Commission of violation of child rights of a serious nature 
or contravention of provisions of any law for the time being in force, it may recommend to the 
concerned  Government  or  authority  the  initiation  of  proceedings  for  prosecution  or  such  other 
action as the Commission may deem fit against the concerned person or persons; 

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(ii) approach the Supreme  Court or the High Court concerned for such directions, orders or 

writs as that Court may deem necessary; 

(iii) recommend to the concerned Government or authority for the grant of such interim relief 

to the victim or the members of his family as the Commission may consider necessary. 

16. Annual and special reports of Commission.—(1) The Commission shall submit an annual 
report to the Central Government and to the State Government concerned and may at any time submit 
special reports on any matter which, in its opinion, is of such urgency or importance that it should not 
be deferred till submission of the annual report. 

(2) The Central Government and the State Government concerned, as the case maybe, shall cause 
the annual and special reports of the Commission to be laid before each House of Parliament or the 
State  Legislature  respectively,  as  the  case  may  be,  along  with  a  memorandum  of  action  taken  or 
proposed to be taken on the recommendations of the Commission and the reasons for non-acceptance 
of the recommendations, if any, within a period of one year from the date of receipt of such report. 

(3) The annual report shall be prepared in such form, manner and contain such details as may be 

prescribed by the Central Government. 

CHAPTER IV 

STATE COMMISSION FOR PROTECTIONOF CHILD RIGHTS 

17.  Constitution  of  State  Commission  for  Protection  of  Child  Rights.—(1)  A  State 
Government  may  constitute  a  body  to  be  known  as  the  ..........(name  of  the  State)  Commission  for 
Protection  of  Child  Rights  to  exercise  the  powers  conferred  upon,  and  to  perform  the  functions 
assigned to, a State Commission under this Chapter. 

(2) The State 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 State Government from amongst persons of eminence, ability, integrity, standing 
and experience in,— 

(i) education; 

(ii) child health, care, welfare or child development; 

(iii)  juvenile  justice  or  care  of  neglected  or  marginalized  children  or  children  with 

disabilities; 

(iv) elimination of child labour or children in distress; 

(v) child psychology or sociology; and 

(vi) laws relating to children. 

(3) The headquarter of the State Commission shall be at such place as the State Government may, 

by notification, specify. 

18.  Appointment  of  Chairperson  and  other  Members.—The  State  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  State  Government  under  the  Chairmanship  of  the  Minister           
in-charge of the Department dealing with children. 

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19.  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 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  State 

Government, resign his office at any time. 

20.  Salary  and  allowances  of  Chairperson  and  Members.—The  salaries  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 State 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. 

21.  Secretary,  officers  and  other  employees  of  the  State  Commission.—(1)  The  State 
Government shall, by notification, appoint an officer not below the rank of the Secretary to the State 
Government  as  the  Secretary  of  the  State  Commission  and  shall  make  available  to  the  State 
Commission such other officers and employees as may be necessary for the efficient performance of 
its functions. 

(2)  The  Secretary  shall  be  responsible  for  the  proper  administration  of  the  affairs  of  the  State 
Commission and its day-to-day management and shall exercise and discharge such other powers and 
perform such other duties as may be prescribed by the State Government. 

(3)  The  salary  and  allowances  payable  to,  and  the  other  terms  and  conditions  of  service  of  the 
Secretary, other officers and employees, appointed for the purpose of the State Commission shall be 
such as may be prescribed by the State Government. 

22. Salaries and allowances to be paid out of grants.—The salaries and allowances payable to 
the  Chairperson  and  Members  and  the  administrative  expenses,  including  salaries,  allowances  and 
pensions payable to the Secretary, other officers and employees referred to in section 21, shall be paid 
out of the grants referred to in sub-section (1) of section 28. 

23. Annual and special reports of State Commission.—(1) The State Commission shall submit 
an annual report to the State Government and may at any time submit special reports on any matter 
which, in its opinion, is of such urgency or importance that it should not be deferred till submission of 
the annual report. 

(2) The State Government shall cause all the reports referred to in sub-section (1) to be laid before 
each House of State Legislature, where it consists of two Houses, or where such Legislature consists 
of one House, before that House along with a memorandum explaining the action taken or proposed to 
be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, 
of any of such recommendations. 

(3) The annual report shall be prepared in such form, manner and contain such details as may be 

prescribed by the State Government. 

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24.  Application  of  certain  provisions  relating  to  National  Commission  for  Protection  of 
Child  Rights  to  State  Commissions.—The  provisions  of  sections  7,  8,  9,  10,sub-section  (1)  of 
section 13 and sections 14 and 15 shall apply to a State Commission and shall have effect, subject to 
the following modifications, namely:— 

(a) references to “Commission” shall be construed as references to “State Commission”; 

(b)  references  to  “Central  Government”  shall  be  construed  as  references  to  “State 

Government”; and 

(c) references to “Member-Secretary” shall be construed as references to “Secretary”. 

CHAPTER V 

CHILDREN’S COURTS 

25. Children's Courts.—For the purpose of providing speedy trial of offences against children or 
of violation of child rights, the State Government may, with the concurrence of the Chief Justice of 
the High Court, by notification, specify at least a court in the State or specify, for each district, a Court 
of Session to be a Children's Court to try the said offences: 

Provided that nothing in this section shall apply if— 

(a) a Court of Session is already specified as a special court; or 

(b) a special court is already constituted, for such offences under any other law for the time 

being in force. 

26.  Special  Public  Prosecutor.—For  every  Children's  Court,  the  State  Government  shall,  by 
notification,  specify  a  Public  Prosecutor  or  appoint  an  advocate  who  has  been  in  practice  as  an 
advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting 
cases in that Court. 

CHAPTER VI 

FINANCE, ACCOUNTS AND AUDIT 

27.  Grants  by  Central  Government.—(1)  The  Central  Government  shall,  after  due 
appropriation made by Parliament by law in this behalf, pay to the Commission by way of grants such 
sums of money as the Central Government may think fit for being utilised for the purposes of this Act. 

(2) The Commission may spend such sums of money as it thinks fit for performing the functions 
under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in 
sub-section (1). 

28.  Grants  by  State  Governments.—(1)  The  State  Government  shall,  after  due  appropriation 
made by Legislature by law in this behalf, pay to the State Commission by way of grants such sums of 
money as the State Government may think fit for being utilised for the purposes of this Act. 

(2)  The  State  Commission  may  spend  such  sums  of  money  as  it  thinks  fit  for  performing  the 
functions under Chapter III of this Act, and such sums shall be treated as expenditure payable out of 
the grants referred to in sub-section (1). 

29. Accounts and audit of Commission.—(1) The Commission shall maintain proper accounts 
and  other  relevant  records  and  prepare  an  annual  statement  of  accounts  in  such  form  as  may  be 
prescribed  by  the  Central  Government  in  consultation  with the  Comptroller  and  Auditor-General  of 
India. 

(2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General at 
such intervals as may be specified by him and any expenditure incurred in connection with such audit 
shall be payable by the Commission to the Comptroller and Auditor-General. 

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(3) The Comptroller and Auditor-General and any person appointed by him in connection with the 
audit of the accounts of the Commission under this Act shall, have the same rights and privileges and 
the authority in connection with such audit as the Comptroller and Auditor-General generally has in 
connection with the audit of Government accounts and, in particular, shall have the right to demand 
the production of books, accounts, connected vouchers and other documents and papers and to inspect 
any of the offices of the Commission. 

(4) The accounts of the Commission as certified by the Comptroller and Auditor-General or any 
other person appointed by him in this behalf, together with the audit report thereon shall be forwarded 
annually to the Central Government by the Commission and the Central Government shall cause the 
audit report to be laid, as soon as may be after it is received, before each House of Parliament. 

30. Accounts and audit of State Commission.—(1) The State Commission shall maintain proper 
accounts and other relevant records and prepare an annual statement of accounts in such form as may 
be prescribed by the State Government in consultation with the Comptroller and  Auditor-General of 
India. 

(2)  The  accounts  of  the  State  Commission  shall  be  audited  by  the  Comptroller  and                      

Auditor-General  at  such  intervals  as  may  be  specified  by  him  and  any  expenditure  incurred  in 
connection  with  such  audit  shall  be  payable  by  the  State  Commission  to  the  Comptroller  and                  
Auditor-General. 

(3) The Comptroller and Auditor-General and any person appointed by him in connection with the 
audit  of  the  accounts  of  the  State  Commission  under  this  Act  shall,  have  the  same  rights  and 
privileges  and  the  authority  in  connection  with  such  audit  as  the  Comptroller  and  Auditor-General 
generally has in connection with the audit of Government accounts and, in particular, shall have the 
right  to  demand  the  production  of  books,  accounts,  connected  vouchers  and  other  documents  and 
papers and to inspect any of the offices of the State Commission. 

(4) The accounts of the State Commission as certified by the Comptroller and Auditor-General or 
any  other  person  appointed  by  him  in  this  behalf,  together  with  the  audit  report  thereon  shall  be 
forwarded annually to the State Government by the State Commission and the State Government shall 
cause the audit report to be laid, as soon as may be after it is received, before the State Legislature. 

CHAPTER VII 

MISCELLANEOUS 

31.  Protection  of  action  taken  in  good  faith.—No  suit,  prosecution  or  other  legal  proceeding 
shall  lie  against  the  Central  Government,  the  State  Government,  the  Commission,  the  State 
Commission,  or  any  Member  thereof  or  any  person  acting  under  the  direction  either  of  the  Central 
Government, State Government, Commission or the State Commission, in respect of anything which 
is in good faith done or intended to be done in pursuance of this Act or of any rules made there under 
or  in  respect  of  the  publication  by  or  under  the  authority  of  the  Central  Government,  State 
Government, Commission, or the State Commission of any report or paper. 

32.  Chairperson,  Members  and  other  officers  to  be  public  servant.—Every  Member  of  the 
Commission,  State  Commission  and  every  officer  appointed  in  the  Commission  or  the  State 
Commission  to  exercise  functions  under  this  Act  shall  be  deemed  to  be  a  public  servant  within  the 
meaning of section 21 of the Indian Penal Code (45 of 1860). 

33. Directions by Central Government.—(1) In the discharge of its functions under this Act, the 
Commission shall be guided by such directions on questions of policy relating to national purposes, as 
may be given to it by the Central Government. 

(2)  If  any  dispute  arises  between  the  Central  Government  and  the  Commission  as  to  whether  a 
question  is  or  is  not  a  question  of  policy  relating  to  national  purposes,  the  decision  of  the  Central 
Government thereon shall be final. 

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34.  Returns  or  information.—The  Commission  shall  furnish  to  the  Central  Government  such 
returns or other information with respect to its activities as the Central Government may, from time to 
time, require. 

35.  Power  to  Central  Government  to  make  rules.—(1)  The  Central  Government  may,  by 

notification, make rules to carry out the provisions of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may 

provide for all or any of the following matters, namely:— 

(a) terms and conditions of service of the Chairperson and Members of the Commission and 

their salaries and allowances under section 6; 

(b)  the  procedure  to  be  followed  by  the  Commission  in  the  transaction  of  its  business  at  a 

meeting under sub-section (4) of section 10; 

(c) the powers and duties which may be exercised and performed by the Member- Secretary 

of the Commission under sub-section (2) of section 11; 

(d) the salary and allowances and other terms and conditions of service of officers and other 

employees of the Commission under sub-section (3) of section 11; and 

(e)  form  of  the  statement  of  accounts  and  other  records  to  be  prepared  by  the  Commission 

under sub-section (1) of section 29. 

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each 
House of Parliament, while it is in session for a total period of thirty days which may be comprised in 
one session or in two or more successive sessions, and if, before the expiry of the session immediately 
following  the  session  or  the  successive  sessions  afore  said,  both  Houses  agree  in  making  any 
modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter 
have effect only in such modified form or be of no effect, as the case may be; so, however, that any 
such modification or annulment shall be with out prejudice to the validity of anything previously done 
under that rule. 

36.  Power  of  State  Government  to  make  rules.—(1)  The  State  Government  may,  by 

notification, make rules to carry out the provisions of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may 

provide for all or any of the following matters, namely:— 

(a) terms and conditions of service of the Chairperson and Members of the State Commission 

and their salaries and allowances under section 20; 

(b) the procedure to be followed by the State Commission in the transaction of its business at 

a meeting under sub-section (4) of section 10 read with section24; 

(c) the powers and duties which may be exercised and performed by the Secretary of the State 

Commission under sub-section (2) of section 21; 

(d) the salary and allowances and other terms and conditions of service of officers and other 

employees of the State Commission under sub-section (3) of section 21; and 

(e)  form  of  the  statement  of  accounts  and  other  records  to  be  prepared  by  the  State 

Commission under sub-section (1) of section 30. 

(3) Every rule made by the State Government under this section shall be laid, as soon as may be 
after it is made, before each House of the State Legislature where it consists of two Houses, or where 
such State Legislature consists of one House, before that House. 

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37. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this  Act,  the  Central  Government  may,  by  order  published  in  the  Official  Gazette,  make  such 
provisions,  not  inconsistent  with  the  provisions  of  this  Act,  as  may  appear  to  be  necessary  for 
removing the difficulty: 

Provided that no order shall be made under this section after the expiry of the period of two years 

from the date of commencement of this Act. 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before 

each House of Parliament. 

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