[1]THE
PUNJAB DESTITUTE AND NEGLECTED CHILDREN ACT 2004
( XVIII of 2004)
An
Act
[22nd June, 2004]
to consolidate the law
for the rescue, protective custody, care and rehabilitation of destitute and neglected
children in the Province of the Punjab.
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 Punjab.
(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 Child Protection Court established or
any Court exercising powers of a Child Protection Court under this Act;
(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 Punjab in the
Home Department;
(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 Punjab; and
(t)
“suitable person” means a person suitable for the
custody of the destitute and neglected child.
(3)
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.
[2][6. Board of Governors.– (1) The Bureau
shall have a Board of Governors comprising the following:-
(a)
Chief Minister of the Punjab; Patron-in-Chief
(b)
Secretary to the Government,
Home Department; Member
(c)
Secretary to the Government, Member
Social Welfare Department;
(d)
Secretary to the Government Member
Local Government Department;
(e)
Three Members of the Provincial Assembly Members
of the Punjab to be appointed by
the Government, two from the treasury benches and one from
the
opposition; provided that [3][
at least one of them shall be a female member of the Assembly and] the Leader
of the Opposition shall nominate the Opposition Member;
(f)
Two donors or representatives of donor Members
agencies
[4][including
at least one woman] to be appointed by the Government for a term of four years;
(g)
Two professors of sociology, psychology Members
or related social sciences [5][including
at least one
female Professor] to be appointed by the Government
for a specified term;
Government for a term of four
years; and Members
(i)
Director General. Member/Secretary
(2)
The Government shall not appoint a person as
non-official Member unless he– (a) holds a
Master’s Degree, or equivalent or a higher Degree; and (b) has at least five years’ experience
in the related field.
(3)
The Government shall appoint the Chairperson of the Board
from amongst the Members on such terms and conditions as may be specified.
(4)
A Member shall not be appointed as a Chairperson of the
Board for more than two consecutive terms.
(5)
The Chairperson shall hold office during the pleasure
of the Government and may resign from his office by tendering his resignation
to the Government.
(6)
The Chairperson shall exercise the powers and the
functions as may be delegated to him by the Board.
(7)
Five Members, including two ex-officio Members, shall
constitute the quorum for a meeting of the Board.
(8)
The Patron-in-Chief, and in his absence, the
Chairperson shall preside a meeting of the Board.
(9)
Subject to quorum, the Board shall take decision by
majority of the members present and voting and the person presiding shall have
the casting vote.
(10)
A Member shall not be entitled to any perks and
privileges.
(11)
A Secretary to the Government may be represented in the
meeting of the Board by an officer of the Department not being below the rank
of an Additional Secretary.]
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 wellbeing 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 Province of Pakistan in respect of which the Government
of that Province has made provisions similar to this Act under any law for the
time being in force:
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 7 June 2004; assented to by the
Governor of the Punjab on 17 June 2004; and, was published in the Punjab
Gazette (Extraordinary), dated 22 June 2004, pages 1637 to 1646.
[2] Substituted by the Punjab
Destitute and Neglected Children (First Amendment) Act 2007 (VII of 2007).
[3]
Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014)
[4] Inserted by the Punjab
Fair Representation of Women Act 2014 (IV of 2014)
[5] Inserted by the Punjab
Fair Representation of Women Act 2014 (IV of 2014)
[6] Inserted by the Punjab
Fair Representation of Women Act 2014 (IV of 2014)
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