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.