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THE
(Pb. Act XVIII of 2004)
C O N T E N T S
Sections
1. Short title and commencement.
2. Saving.
3. Definitions.
4. Initiation of proceedings about child under Part VII of this Act.
Part II
Child Protection
and Welfare Bureau
5. Establishment of the Bureau.
6. Board of Governors.
7. Removal of a Member.
8. Casual vacancy.
9. Powers and functions of the Board.
10. Management.
11. Committees of the Board.
12. Special committee of the Bureau for a local area.
13. Director General.
14. Annual progress report.
Part III
Child Protection Officers
and Child Protection Unit
15. Appointment of the child protection officers.
16. Child protection unit.
17. Supervision and control of members of the unit.
Part IV
Destitute and Neglected Children’s
Welfare Fund
18. Destitute and Neglected Children’s Welfare Fund.
19. Audit of the Fund.
Part V
Child Protection Institutions
20. Establishment and recognition of child protection institutions.
21. Administration and management of child protection institutions.
Part VI
Child Protection Courts
22. Establishment of the
23. Powers and functions of the Court.
Part VII
Rescue, Custody, Care,
Protection and Rehabilitation of
Destitute and Neglected Children
24. Rescue of destitute and neglected children.
25. Temporary custody.
26. Court may direct
production of child by parent or guardian.
27. Examination of person producing or reporting.
28. Entrustment of the custody
of destitute and neglected child.
29. Sending of child having place of residence outside jurisdiction.
30. Warrant to research for child.
31. False, frivolous or vexatious information.
32. Period of custody.
33. Contribution of parents.
Part VIII
Special Offences relating to Children
34. Unauthorized custody.
35. Cruelty to children.
36. Employing child for begging.
37. Giving intoxicating liquor or narcotic drug to child.
38. Permitting child to enter places where liquor or narcotic drugs are sold.
39. Inciting child to bet or borrow.
40. Exposure to seduction.
41. Abetting escape of child.
42. Offences under this part cognizable.
43. Application of the Code.
Part IX
Miscellaneous
44. Discharge of a child from
a child protection institution or from the care of any person to whose care he
was entrusted.
45. Transfers between institutions of like
nature in different parts of
46. Officers to be public servants.
47. Protection of action taken under this Act.
48. Act to over-ride other laws.
49. Power of Government to make rules.
50. Power of Bureau to frame regulations.
51. Repeal and Saving.
[1]THE
(Pb. Act XVIII of 2004)
[
An Act to consolidate the law for the rescue,
protective custody,
care and rehabilitation of destitute and
neglected children
in the Province of the
Preamble.– Whereas it is expedient to consolidate the
law for the rescue, protective custody, care and rehabilitation of destitute
and neglected
children in the Province of the Punjab other than those involved
in criminal litigation;
It is hereby enacted as
follows:-
PART I
PRELIMINARY
1. Short title, extent and commencement.– (1) This Act may be called the Punjab
Destitute and Neglected Children Act 2004.
(2) It
extends to the Province of the
(3) It shall come into force at once but shall take effect in such
areas and from such date as the Government may, by notification, specify.
2. Saving.– The Government may, by notification, direct
that all or any of the provisions of this Act shall not apply to any class of
children
in the Province or in any particular area.
3. 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) “Board” means Board of Governors established under section 6 of this Act;
(c) “brothel” means any
house, part of a house, room or place in which a prostitute carries on
prostitution or any place or institution
where facilities are known to be
available for prostitution;
(d) “Bureau” means Child Protection and Welfare Bureau established under section 5 of this Act;
(e) “child” means a natural person who has not
attained the age of eighteen years;
(f) “child protection institution” means an institution for the admission, care, protection and rehabilitation of destitute and neglected children established or recognized under this Act or the rules;
(g) “child protection officer” means a person appointed under section 15 of this Act;
(h) “child protection unit” means a child protection unit established by the Bureau for a local area under section 16;
(i) “Code” means the Code of Criminal Procedure,
1898 (Act V of 1898);
(j) “Court”
means a
(k) “destitute
and neglected child” means a child who–
(i) is found begging; or
(ii) is found without having any home or settled
place of abode and without any ostensible means of subsistence; or
(iii) has a parent or guardian who is unfit or incapacitated to exercise
control over the child; or
(iv) lives in 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
(v) is being or is likely to be abused or exploited for immoral or
illegal purpose or unconscionable gain; or
(vi) is beyond the parental control; or
(vii) has lost his parents or one of the parents and has no adequate
source of income; or
(viii) 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;
(l) “Fund” means the Destitute and Neglected Children’s Welfare Fund established under section 18 of this Act;
(m) “Government”
means the Government of the
(n) “local
area” means a district, a city district, a tehsil or a town as defined in the
Punjab Local Government Ordinance, 2001 (XIII
of 2001);
(o) “Member”
means Member of the Board;
(p) “narcotic drug” means any article defined as “narcotic drug” in the Control of Narcotic Substances Act, 1997 (XXV of 1997);
(q) “prescribed”
means prescribed by the rules;
(r) “prostitution” means illegal sexual intercourse for hire, whether for money or kind;
(s) “Province” means the Province of the
(t) “suitable person” means a person suitable for the custody of the destitute and neglected child.
(2) Words
and expressions used herein and not defined in this Act but defined in the Code
or the Juvenile Justice System Ordinance,
2000 (XXII of 2000) shall have the
meanings respectively assigned to them in that Code or the Ordinance.
4. Initiation of proceedings about child under Part VII of this Act.– (1) Proceedings under Part VII of this Act can only be initiated about a child who has not attained the age of fifteen years notwithstanding that during the course of such proceedings he may have attained the age of fifteen years.
(2) In case of any dispute as to the age of a child, the Court shall decide the same in the first instance.
PART II
CHILD PROTECTION
AND WELFARE BUREAU
5. Establishment of the Bureau.– (1) As soon as may be after the commencement of this Act, the Government
shall establish a bureau to be known as the Child Protection
and Welfare Bureau.
(2) The Bureau 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) The Government may transfer state land or building, free of cost,
to be utilized for the purpose for which the Bureau is established.
6. Board of Governors.– (1) The Bureau shall have a Board of Governors comprising the following:
(a) Chief Minister of the
(b) Minister or Advisor to the Government Chairperson
of
the
(c) Secretary to the Government of the
Home
Department;
(d) Secretary to the Government of the
Social
Welfare Department;
(e) Secretary to the Government of the
Local
Government Department;
(f) Secretary to Government of the
Population
Welfare Department;
(g) Secretary to the Government of the
Education
Department;
(h) Secretary to the Government of the
Information,
Culture and Youth Affairs Department;
(i) Secretary to the Government of the
Health
Department;
(j) such
other persons not exceeding seven as may be Members
appointed by the Government for a
specified period;
provided that at least three of whom
shall be members
of the Provincial Assembly of the
members from treasury benches and
one member
from the opposition; provided
further that the
member from the opposition shall be
nominated
by the Leader of the Opposition; and
(k) Director General of the Bureau Member/Secretary.
(2) Six Members including at least three
ex-officio Members shall constitute quorum in a meeting of the Board.
(3) Decision shall be taken by the Board by simple majority and the
Chairperson shall have the casting vote in case of equality of votes.
7. Removal of a Member.– (1) A Member, not being an ex-officio Member, shall hold office during
the pleasure of the Government.
(2) The Government may remove any such Member during the tenure of his
office in the manner as may be prescribed.
(3) A Member, not being an ex-officio Member, may resign from his
office by tendering his resignation to the Government.
8. Casual vacancy.– Any vacancy caused due
to the death, resignation or removal of a Member other than an ex-officio
Member, shall be filled in by the
Government through appointment of another
person as Member and such appointee shall, subject to the provisions of section
7, hold
such office for the unexpired term of his predecessor.
9. Powers and functions of the Board.– Subject to the
provisions of this Act, the Board shall exercise such powers and take such
measures as may be necessary for carrying
out the purposes of this Act,
including –
(a) to
take steps for the establishment of a Fund in the manner hereinafter provided,
for carrying out the purposes of the Bureau;
(b) to
establish, manage and recognize child protection institutions;
(c) to
exercise control over child protection institutions and look after the
operation and maintenance of all essential services provided
in the
institutions;
(d) to
regulate the affairs of the child protection institutions;
(e) to
arrange, purchase or acquire land wherever necessary within the Province;
(f) to
supervise prosecution of the persons accused of the offences created under this
Act;
(g) to
sell or dispose of assets, movable or immovable, of the Bureau in the manner as
may be determined by the Board;
(h) to
appoint and authorize employees with the designations and the terms and
conditions as the Board may determine;
(i) to
authorize spending from the Fund;
(j) to
delegate any of these powers and functions to a Member, Members, official or
officials of the Bureau;
(k) to regulate its meetings and all matters
connected with or ancillary to a meeting; and
(l) to
do such acts as are ancillary and incidental to the above functions.
10. Management.– Executive
authority and management of the Bureau shall vest in the Board.
11. Committees of the Board.– The Board may constitute committees with such powers, as may be
delegated by the Board for carrying out the purposes of this Act.
12. Special committee of the Bureau for a local area.– (1) The Board may
constitute special committee of the Bureau for a local area.
(2) The special committee shall consist of such
members with the powers and functions of the Bureau, as may be devolved upon it
by the
Board.
13. Director General.– (1) There shall be a Director
General of the Bureau who shall also be the chief executive of the Bureau.
(2) The Director General shall be appointed by the Government for a
specified term.
(3) The Director General shall exercise such powers and perform such
functions as may be determined by the Board.
(4) The Director General may resign, during the term of his office, by
tendering his resignation to the Government.
(5) The Government may remove the Director General, during the tenure
of his office, in the manner as may be prescribed.
14. Annual progress report.– (1) The Director General shall prepare an annual progress report at the
end of each financial year.
(2) This
report shall be submitted in a meeting of the Board, whenever such meeting
takes place after the preparation of the report.
PART III
CHILD PROTECTION
OFFICERS AND
CHILD PROTECTION
UNIT
15. Appointment of the child
protection officers.– (1) The Bureau may appoint child protection officers to
carry out the purposes of this Act.
(2) The
Board shall determine the eligibility for appointment, terms and conditions of
service of the child protection officers.
(3) The
child protection officer may seek police assistance in performance of his
duties under the Act or the rules.
(4) A station house officer shall provide appropriate police assistance
to the child protection officer, whenever such assistance is
sought.
16. Child protection unit.– (1) There shall be a child protection unit
for a local area.
(2) The
unit shall consist of such members as the Board may determine.
(3) The
unit shall exercise powers and functions devolved upon it by the Bureau.
17. Supervision and control of members of the
unit.– A member of the unit
in the performance of his duties under this Act or rules, shall be under the
control, supervision and guidance
of the Bureau.
PART IV
DESTITUTE AND
NEGLECTED
CHILDREN’S WELFARE
FUND
18. Destitute and Neglected
Children’s Welfare Fund.–
(1) The Bureau and each child protection institution shall establish a fund to
be known as Destitute and Neglected Children’s Welfare
Fund.
(2) The Fund shall consist of all moneys received
from any source by the Bureau or a child protection institution, as the case
may be,
for the control, care, protection and rehabilitation of destitute and
neglected children.
19. Audit of the Fund.– (1) The Fund shall
be kept, operated, spent and audited in such manner as may be prescribed.
(2) The
Bureau as well as each child protection institution shall make the annual audit
report of the Fund available to general public
as soon as such report is
prepared.
PART V
CHILD PROTECTION INSTITUTIONS
20. Establishment and recognition of child
protection institutions.–
(1) The Bureau may establish and maintain child protection institutions at any
place in the Province.
(2) The
Bureau may delegate its powers and functions of managing and maintaining any
child protection institution to a local government
or to a non-governmental
organization subject to the terms and conditions as the Board may determine.
(3) The Bureau may recognize any other institution to be a child
protection institution whether established and maintained by a local
government
or any non-governmental organization.
(4) The Bureau may establish or recognize any association for the
aftercare and rehabilitation of destitute and neglected children discharged
from a child protection institution and may regulate its activities and
functions in the prescribed manner.
(5) The
Bureau may authorize any person or a body of persons to inspect, check and
supervise any child protection institution as to
whether it is functioning in
accordance with the provisions of this Act, the rules or the regulations.
(6) In case a child protection institution is found acting in
contravention of this Act, the rules or the regulations, the Bureau may
pass
such order as it deems fit for the proper management or maintenance of such
institution.
(7) No order shall be passed by the Bureau under sub-section (6) unless
the existing management is provided with an opportunity of hearing.
21. Administration and management
of child protection institutions.– Child protection institutions shall be managed, maintained and
controlled in the manner as may be prescribed.
PART VI
CHILD PROTECTION
COURTS
22. Establishment of the Child Protection Court.– (1) The Government may, by notification, establish one or more Courts under this Act for a local area.
(2) The Government may appoint presiding officer of the Court established for the purpose of this Act in consultation with the Lahore High Court and may lay down the qualifications, terms and conditions for the presiding officers.
(3) Until a Court is established for a local area, the Lahore High Court may confer powers of the Court for a local area upon a Sessions Judge or an Additional Sessions Judge.
23. Powers and functions of the Court.– (1) The Court shall exercise powers
conferred and functions assigned to it under the provisions of this Act or the
rules.
(2) The
Court shall finally decide a case within one month from the date of production
of a child before it.
(3) Provisions
of the Code and the Qanun-e-Shahadat Order, 1984 (P.O. No. X of 1984), unless
otherwise expressly provided by this Act
or the rules, shall not apply to
proceedings before the Court.
(4) No
appeal or revision shall lie against any order of the Court, however, the Court
may, at any stage, recall or modify its earlier
order in the interest of
justice.
(5) The
Court, exercising powers under this Act, shall be deemed to be a Court of
Sessions in terms of section 476 of the Code.
PART VII
RESCUE, CUSTODY, CARE, PROTECTION
AND REHABILITATION
OF DESTITUTE AND
NEGLECTED CHILDREN
24. Rescue of destitute and neglected children.– A child protection officer may take into
custody a destitute and neglected child and produce him before the Court within
twenty-four
hours of taking the child into such custody:
Provided that where a destitute and
neglected child is in the custody of his parent or guardian, the officer shall
not take him
into custody 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 is a victim
of an offence
alleged to have been committed by his parent or guardian.
25. Temporary custody.– Whenever a destitute and neglected child is
taken into custody in accordance with section 24, he shall immediately be
produced
before the Court and if immediate production of the child before the
Court is not possible due to any reason, shall immediately
be taken to the
nearest child protection institution for temporary custody till his production
before the Court within the stipulated
time.
26. Court may direct production of child by parent
or guardian.– The Court to
which a report is made under the first proviso of section 24, may –
(i) call upon such
parent or guardian to produce the child before it and show cause why the said
child should not, during the pendency
of the proceedings, be removed from his
custody; 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
custody
of his parent or guardian; or
(ii) if it appears to
the Court that the child is likely to be removed from the jurisdiction of the
Court or is concealed, may issue
a search warrant for the production of the
child, and order his immediate admission to a child protection institution.
27. Examination of person producing or reporting.– (1) The Court before which a child is
brought under section 24 or is produced under section 26 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 or for the
inquiry or on any subsequent date to which the proceedings may be adjourned,
the Court shall hear and record substance of the evidence which may be adduced
and consider any cause which may be shown why an
order directing the child to
be admitted to a child protection institution or be given in the care of a
suitable person should
not be passed.
28. Entrustment of the custody of destitute and
neglected child.– (1) If
the Court is satisfied that the child brought before it, is a destitute and
neglected child and that it is expedient to
deal with him, the Court may order
that he be admitted to a child protection institution or his custody be
entrusted to a suitable
person, who is able and willing to look after the
child, until such child 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 in the custody of a suitable
person may, when making such an order, require
such person to execute a bond,
with or without sureties, as the Court may require, undertaking to be
responsible for the care,
education and well-being of the child and for the
observance of such other conditions as the Court may impose for ensuring
welfare
of the child.
(3) The
Court that makes an order for entrusting the custody of a child to a suitable
person under this section may order submission
of periodical reports as to the
welfare of the child to the Court by an authorized officer.
(4) The Court may from time to time during the custody of a child by an
authorized person, compel the production of the child in the
Court to satisfy
itself that the conditions of such custody are being carried out.
(5) If
at anytime 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 to be admitted into
a child protection institution
or be entrusted to the custody of any other
suitable person.
29. Sending of child having place
of residence outside jurisdiction.– (1) In the case of a destitute and neglected child
whose ordinary place of residence is not within the jurisdiction of the Court,
the Court may direct that the child be kept in such custody and be produced
before a Court having territorial jurisdiction over
the place of residence of
the child or to deal with his custody in any other manner provided in the Act.
(2) Where
a child is produced before a Court on the direction of any other Court passed
under the foregoing provision of this section,
such Court may regulate the
custody of the child as if the child had been produced before it in terms of
section 24 of this Act.
30. Warrant to search for child.– (1) If it appears 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
that there are reasons to believe that a child is destitute and neglected
child,
the Court may issue warrant for the production of the child 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 is brought before the Court and the Court is satisfied that the
child is a destitute and neglected child, it may
deal with his custody in
accordance with the provisions of this Act.
31. False, frivolous or vexatious information.– (1) If in any case in which information has
been laid before a Court by any person under the provisions of section 30, the
Court
after such inquiry as it may deem 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 fifty thousand
rupees, as it may determine,
be paid by such informer to the child or to an
aggrieved person against whom the information was laid.
(2) Before
making any order for the 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 ordered to pay
such compensation shall suffer
simple imprisonment for a term not exceeding six months.
(4) No
person who has been directed to pay compensation under this section shall, by
reason of such order, be exempted from any civil
or criminal liability in
respect of the information given by him, but any amount paid, as compensation
shall be taken into account
in any subsequent civil suit relating to such matter.
(5) When
an order for payment of compensation is made under sub-section (1), the
compensation shall not be paid to the person ordered
to receive it before the
expiry of one month in order to allow sufficient time to the informant to
represent against any such order.
32. Period of custody.– Subject to any order of the Court or any
direction of the Bureau, a child ordered to be admitted to a child protection
institution
shall be kept in such custody till he attains the age of eighteen
years.
33. Contribution of parents.– (1) Where an order has been made for the
admission of a child into child protection institution or giving the custody of
the child
to a suitable person, the Court may direct a parent, in a suitable
case, to pay maintenance of the child 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 parent to
pay maintenance.
(2) In
case of non-compliance of the 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.
PART VIII
SPECIAL OFFENCES
RELATING TO CHILDREN
34. Unauthorized custody.– Whoever takes a destitute and neglected
child into custody or keeps him in contravention of the provisions of this Act,
shall be
punished with imprisonment for a term which may extend to three years
or with fine which may extend to fifty thousand rupees or
with both.
35. Cruelty to children.– Whoever, not being a parent, having the
actual charge of or control over a child, wilfully assaults, ill-treats,
neglects, abandons
or exposes him or causes or procures him to be assaulted,
ill-treated, neglected, abandoned or exposed or negligently fails to provide
adequate food, clothes or medical aid or lodging for the child in a manner
likely to cause such child unnecessary mental and physical
suffering, shall be
punished with imprisonment for a term which may extend to three years or with
fine which may extend to fifty
thousand rupees or with both:
Provided that where some
punishment is administered to a child by the person having lawful control or
custody of the child, for
any good or sufficient reason, it shall not be deemed
to be an offence under this section.
36. Employing child for begging.– Whoever employs any
child for the purpose of begging or causes any child to beg or whoever having
the custody, charge or care of
a child connives at or encourages his employment
for the purpose of begging and whoever uses a child, connives at or encourages
his employment for begging shall be punished with imprisonment for a term which
may extend to three years or with fine which may extend to fifty
thousand rupees or with both.
37. Giving intoxicating liquor or narcotic drug to
child.– Whoever gives or
causes to be given to any child any intoxicant or narcotic drug, except upon
the prescription of duly qualified
medical practitioner, shall be punished with
imprisonment of either description for a term which may extend to three years
or with
fine which may extend to fifty thousand rupees or with both.
38. Permitting child to enter places where liquor
or narcotic drugs are sold.– Whoever–
(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 fine which may extend to fifty thousand rupees.
39. Inciting child to bet or borrow.– Whoever, by words, spoken or written, or by
signs, 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
transaction 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.
40. Exposure to seduction.– Whoever secures custody of a child
ostensibly for any purpose but exposes such a child to the risk of seduction,
sodomy, prostitution
or other immoral conditions, shall be punished with
imprisonment of either description for a term which may extend to three years
or with fine which may extend to fifty thousand rupees or with both.
41. Abetting escape of child.– Whoever –
(a) knowingly assists or induces, directly or
indirectly, a child admitted in a child protection institution to escape from
the institution
or from the custody of a suitable person to whom custody of the
child has been entrusted by the Court; or
(b) knowingly harbors, conceals, connives at or
prevents from returning to a child protection institution or to any person to
whom the
custody of the child was entrusted by the Court or assists or connives
at so doing;
shall be punished with imprisonment for a term
which may extend to five years or with fine which may extend to fifty
thousand rupees or with both.
42. Offences under this part cognizable.– All offences under this part shall be
cognizable.
43. Application of the Code.– All offences under this part shall be
investigated, tried and punished in accordance with the procedure prescribed in
the Code.
PART IX
MISCELLANEOUS
44. Discharge of a child from a child protection
institution or from the care of any person to whose care he was entrusted.– (1) The Bureau may at any time order a
child to be discharged from a child protection institution, either absolutely
or on such
conditions as the Bureau deems appropriate.
(2) The
Court may, at any stage, on application or otherwise, discharge a child from
custody of a child protection institution or suitable
person, as the case may
be, either absolutely or on such conditions as the Court deems appropriate.
45. Transfers between institutions of like nature
in different parts of Pakistan.– (1) The Bureau may, in consultation with the manager of a child
protection institution, transfer the custody of the child to any
other such
institution in any part of the Province.
(2) A
destitute and neglected child shall normally be kept in an 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 is
being kept may exercise all the powers of the
Court under this Act or the
rules.
(4) The
Government may direct any child to be transferred from any child protection
institution in the Province to any institution of
like nature in any other
Provided that no child shall be so
transferred without the consent of the Government of that other Province.
46. 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
1860 (XLV of 1860).
47. Protection of action taken under this Act.– No suit, prosecution or other legal
proceeding shall be instituted or entertained against any person, acting or
purporting to act
under this Act or the rules, in good faith and for the
welfare of a child.
48. Act to over-ride other laws.– Provisions of this Act shall have effect
notwithstanding anything contained in any other law for the time being in
force.
49. Power of Government to make rules.– The Government may, by notification, make
rules for carrying out the purposes of this Act.
50. Power of Bureau to frame regulations.– Subject to the provisions of this Act and
the rules, the Bureau may frame regulations for giving effect to the provisions
of this
Act.
51. Repeal and Saving.– (1) The Punjab Children Ordinance, 1983
(XXII of 1983) is hereby repealed.
(2) The
Punjab Youthful Offenders Ordinance, 1983 (XXIII of 1983) is also hereby
repealed.
(3) The
Punjab Supervision and Control of Children Homes Act, 1976 (XVI of 1976) is
also hereby repealed.
(4) Notwithstanding
the repeal of the Ordinances and the Act anything done, action taken,
obligation, liability, penalty or punishment
incurred, inquiry or proceeding
commenced, officer appointed or person authorized, jurisdiction or power
conferred, rule made and
order or notification issued under any of the
provisions of the said Ordinances or the Act shall, if not inconsistent with
the
provisions of this Act, be continued and so far as may be, deemed to have
been respectively done, taken, incurred, commenced, appointed,
authorized,
conferred, made or issued under this Act.
(5) All
Children Homes established and functioning under the Punjab Supervision and
Control of Children Homes Act, 1976 (XVI of 1976)
shall be deemed to be the
Child Protection Institutions established or recognized under this Act.
[1]This Act was passed by the
Punjab Assembly on
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