Chapter IV STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS

1. (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. (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. (3) The headquarter of the State Commission shall be at such place as the State Government may, by notification, specify.

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.

(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.

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.

(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.

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.

(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.

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”.