27. Child Welfare Committee.—(1) The State Government shall by notification in the Official
Gazette constitute for every district, one or more Child Welfare Committees for exercising the powers and
to discharge the duties conferred on such Committees in relation to children in need of care and protection
under this Act and ensure that induction training and sensitisation of all members of the committee is
provided within two months from the date of notification.
(2) The Committee shall consist of a Chairperson, and four other members as the State Government
may think fit to appoint, of whom at least one shall be a woman and another, an expert on the matters
concerning children.
(3) The District Child Protection Unit shall provide a Secretary and other staff that may be required
for secretarial support to the Committee for its effective functioning.
1
[(4) No person shall be appointed as a member of the Committee unless he has a degree in child
psychology or psychiatry or law or social work or sociology or human health or education or human
development or special education for differently abled children and has been actively involved in health,
1. Subs. by Act 23 of 2021, s. 9, for sub-section (4) (w.e.f. 1-9-2022).
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education or welfare activities pertaining to children for seven years or is a practicing professional with a
degree in child psychology or psychiatry or law or social work or sociology or human health or education
or human development or special education for differently abled children.
(4A) No person shall be eligible for selection as a member of the Committee, if he—
(i) has any past record of violation of human rights or child rights,
(ii) has been convicted of an offence involving moral turpitude, and such conviction has not been
reversed or has not been granted full pardon in respect of such offence,
(iii) has been removed or dismissed from service of the Government of India or State
Government or an undertaking or corporation owned or controlled by the Government of India or
State Government,
(iv) has ever indulged in child abuse or employment of child labour or immoral act or any other
violation of human rights or immoral acts, or
(v) is part of management of a child care institution in a District.]
(5) No person shall be appointed as a member unless he possesses such other qualifications as may
be prescribed.
(6) No person shall be appointed for a period of more than three years as a member of the Committee.
(7) The appointment of any member of the Committee shall be terminated by the State Government
after making an inquiry, if—
(i) he has been found guilty of misuse of power vested on him under this Act;
(ii) he has been convicted of an offence involving moral turpitude and such conviction has not
been reversed or he has not been granted full pardon in respect of such offence;
(iii) he fails to attend the proceedings of the Committee consecutively for three months without
any valid reason or he fails to attend 1
[minimum] three-fourths of the sittings in a year.
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[(8) The Committee shall submit a report to the District Magistrate in such form as may be
prescribed and the District Magistrate shall conduct a quarterly review of the functioning of the
Committee.]
(9) The Committee shall function as a Bench and shall have the powers conferred by the Code of
Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as the case may be, a Judicial
Magistrate of First Class.
3
[(10) The District Magistrate shall be the grievance redressal authority to entertain any grievance
arising out of the functioning of the Committee and the affected child or anyone connected with the child,
as the case may be, may file a complaint before the District Magistrate who shall take cognizance of the
action of the Committee and, after giving the parties an opportunity of being heard, pass appropriate
order.]
28. Procedure in relation to Committee.—(1) The Committee shall meet at least twenty days in a
month and shall observe such rules and procedures with regard to the transaction of business at its
meetings, as may be prescribed.
1. Subs. by Act 23 of 2021, s. 9, for “less than” (w.e.f. 1-9-2022).
2. Subs. by s. 9, ibid., for sub-section (8) (w.e.f. 1-9-2022).
3. Subs. by s. 9, ibid., for sub-section (10) (w.e.f. 1-9-2022).
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(2) A visit to an existing child care institution by the Committee, to check its functioning and well
being of children shall be considered as a sitting of the Committee.
(3) A child in need of care and protection may be produced before an individual member of the
Committee for being placed in a Children’s Home or fit person when the Committee is not in session.
(4) In the event of any difference of opinion among the members of the Committee at the time of
taking any decision, the opinion of the majority shall prevail but where there is no such majority, the
opinion of the Chairperson shall prevail.
(5) Subject to the provisions of sub-section (1), the Committee may act, notwithstanding the absence
of any member of the Committee, and no order made by the Committee shall be invalid by reason only of
the absence of any member during any stage of the proceeding:
Provided that there shall be at least three members present at the time of final disposal of the case.
29. Powers of Committee.—(1) The Committee shall have the authority to dispose of cases for the
care, protection, treatment, development and rehabilitation of children in need of care and protection, as
well as to provide for their basic needs and protection.
(2) Where a Committee has been constituted for any area, such Committee shall, notwithstanding
anything contained in any other law for the time being in force, but save as otherwise expressly provided
in this Act, have the power to deal exclusively with all proceedings under this Act relating to children in
need of care and protection.
30. Functions and responsibilities of Committee.—The functions and responsibilities of the
Committee shall include—
(i) taking cognizance of and receiving the children produced before it;
(ii) conducting inquiry on all issues relating to and affecting the safety and well-being of the
children under this Act;
(iii) directing the Child Welfare Officers or probation officers or District Child Protection Unit or
non-governmental organisations to conduct social investigation and submit a report before the
Committee;
(iv) conducting inquiry for declaring fit persons for care of children in need of care and
protection;
(v) directing placement of a child in foster care;
(vi) ensuring care, protection, appropriate rehabilitation or restoration of children in need of care
and protection, based on the child’s individual care plan and passing necessary directions to parents
or guardians or fit persons or children’s homes or fit facility in this regard;
(vii) selecting registered institution for placement of each child requiring institutional support,
based on the child’s age, gender, disability and needs and keeping in mind the available capacity of
the institution;
(viii) conducting at least two inspection visits per month of residential facilities for children in
need of care and protection and recommending action for improvement in quality of services to the
District Child Protection Unit and the State Government;
(ix) certifying the execution of the surrender deed by the parents and ensuring that they are given
time to reconsider their decision as well as making all efforts to keep the family together;
(x) ensuring that all efforts are made for restoration of abandoned or lost children to their families
following due process, as may be prescribed;
(xi) declaration of orphan, abandoned and surrendered child as legally free for adoption after due
inquiry;
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(xii) taking suo motu cognizance of cases and reaching out to children in need of care and
protection, who are not produced before the Committee, provided that such decision is taken by at
least three members;
(xiii) taking action for rehabilitation of sexually abused children who are reported as children in
need of care and protection to the Committee by Special Juvenile Police Unit or local police, as the
case may be, under the Protection of Children from Sexual Offences Act, 2012 (32 of 2012);
(xiv) dealing with cases referred by the Board under sub-section (2) of section 17;
(xv) co-ordinate with the police, labour department and other agencies involved in the care and
protection of children with support of the District Child Protection Unit or the State Government;
(xvi) in case of a complaint of abuse of a child in any child care institution, the Committee shall
conduct an inquiry and give directions to the police or the District Child Protection Unit or labour
department or childline services, as the case may be;
(xvii) accessing appropriate legal services for children;
(xviii) such other functions and responsibilities, as may be prescribed.