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Chapter- 6 Institutional Provisions Relating to Rights and Welfare of the Child

 

  1. National Child Rights Council: (1) There shall be a National Child Rights Council, as prescribed, under the chairpersonship of the Government of Nepal, Minister for Women, Children and Senior Citizens, in order to protect and promote the rights and interests of the child.

(2) The provisions relating to the meeting, functions, duties and powers of the Council shall be as prescribed.

  1. Provincial and Local Level Child Rights Committee: (1) There shall be a Provincial Child Rights Committee in each Province, to be chaired by the Minister of the Province overseeing the matters relating to children.

(2) There shall be a Local Child Rights Committee in each Local Level, to be chaired by a Member of the Rural Municipality or Municipality designated by the Vice-Chairperson or Deputy-Mayor of such Rural Municipal Executive or Municipal Executive respectively.

(3) The number of members of the Provincial Child Rights Committee and Local Child Rights Committee referred to in sub-sections (1) and (2), and the functions, duties and rights and procedures of meetings of the Committees shall be as determined by the Province and Local Level.

  1. Child welfare authority: (1) There shall be a child welfare authority at the Local Level in order to, inter alia, respect, protect and promote the rights of the child to carry out child protection acts.

(2) Other provisions including the appointment, functions, duties and powers and the terms of service of the child welfare authority shall be as prescribed.

  1. Social service provider and child psychologist: (1) Any persons willing to work as social service providers and child psychologists shall get their names enlisted themselves with the Local Child Rights Committee, as prescribed.

(2) Social service providers and child psychologists may be appointed in required number, from among the social service providers and child psychologists enlisted in the list referred to in sub-section (1), for carrying out child protection related acts and delivering services at the Local Level.

(3) The social service providers and child psychologists appointed pursuant to sub-section (2) shall act under the direct guidance and supervision of the child welfare authority.

(4) The social service providers and child psychologists required for the juvenile court shall be appointed from among the social service providers and child psychologists enlisted pursuant to sub-section (1).

(5) The process of appointment, qualifications, functions, duties, powers, terms of service and other provisions related to social service providers and child psychologists shall be as prescribed.

  1. Child Fund: (1) There shall be a child fund, also for performing acts such as immediate rescue, relief and rehabilitation and providing compensation to children.

(2) The fund referred to in sub-section (1) shall consist of the following amounts:

(a)        Amounts received from the Government of Nepal, Provincial Government and Local Level,

(b)        Amounts received from a foreign government, international agency, organization or individual,

(c)        Amounts received from a native person, agency or organization,

(d)       Amounts received in lieu of fines imposed by the juvenile court,

(e)        Amounts received from any other source.

(3) The permission of the Government of Nepal, Ministry of Finance shall be obtained prior to receiving amounts pursuant to clause (b) of sub-section (2).

(4) The amounts of the fund referred to in sub-section (1) may also be made available to the children’s fund of the Province and Local Level in accordance with law.

(5) The provisions relating to the management, operation and use of the fund referred to in sub-section (1) shall be as prescribed.