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  • www.lawcommission.gov.np

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    The Children's Rules, 2051 (1995)

    Date of Publication in the Nepal

    2051/10/2 (Jan. 16, 1995 A.D. )

    In exercise o f the power conferred by section 58 of the Children's

    Act, 2048 (1991) Govern ment of Nepal has framed the following Rules.

    Chapter -1

    Preliminary

    1. Short Title and Commencement: (1) These Rules may be called

    "Ch ildren's Rules, 2051 (1995)."

    (2) These Rules shall come into force immediately.

    2. Definition: Unless the subject or context otherwise requires, in

    these Rules, -

    (a) "Act " means the Children's Act, 2048 (1991).

    (b) "Management Committee" means Management Committee

    formed pursuant to Rule 15 for operation of Children's

    Welfare Ho me, Ju venile Reform Ho me, Orphanage or Centre

    for Mentally Retarded Persons.

    (c) "Ad ministrator" means the person workin g as an In-charge

    of Ju venile Reform Ho me, Orphanage or Centre for

    Mentally Retarded Persons.

    (d) "Ministry" means Go vern ment o f Nepal, Ministry o f

    Education Culture and Social Welfare♣ .

    ♣ At present it is ministry of women and social welfare .

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    Chapter -2

    Provisions Relating to Central Children Welfare Committee

    3. Functions, Duties and Powers of Central Children Welfare

    Committee: In addit ion to the functions, duties and powers

    refe rred to in the Act, other functions, duties and powers of the

    Central Children Welfare Committee shall be as follows: -

    (a) To formulate long term national policies and plans relat ing

    to protection of right s and interests of ch ildren and their

    physical and mental development also on the basis o f

    Guidelines issued by the body formed by Go vern ment of

    Nepal relat in g to Ch ildren Wel fare and to submit to

    Go vern ment of Nepal and to implement or cause to

    implement policies and plans approved by Go vern ment of

    Nepal through the concerned ministry or agency;

    (b) To pass annual programme and budget as per approved

    national policies and plans and to implement or cause to

    implement them;

    (c) To formulate policies and pro grammes in order to mobil ize

    necessary resource for plans and programmes relat in g to

    children's welfa re;

    (d) To gu ide District Children Welfare Co mmittee and

    Management Committees;

    (e) To review and evaluate progress o f annual programmes o f

    District Children Wel fare Co mmittees;

    (f) To collect data and keep record of capac ity, fac il it ies and so

    on of Children's Welfare Ho mes, Ju venile Reform Ho mes,

    Orphanage and Centres for Mentally Retarded Persons and

    other similar Homes or Centres be in g in operation within of

    Nepal;

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    (g) To encourage and cooperate any person or inst itut ion to

    establish Children's Welfa re Ho me Orphanage and Centres

    for mentally retarded persons in var ious districts havin g

    obtained recommendation of District Children Wel fare

    Committee as may be necessary;

    (h) To collect separate data of children in jail , abandoned

    children or child laborers, incapacitated and mentally

    retarded children in each district and to cause to keep their

    records in each District Children Welfare Co mmittee and to

    prepare a national data record;

    (i) To identify measures necessary for el iminatin g child labour,

    child marr iage and practices o f o fferin g children in the

    name of Gods, and to encourage and cooperate the

    concerned go vern mental and non-go vern mental

    organ izations to follow those measures;

    (j) Subject to preva il in g laws to launch or cause to launch

    programmes relat in g to protection and development of

    children with part ic ipation of national and international

    non-go vern mental organizat ions and with approval of

    Go vern ment of Nepal to encourage and cooperate fore ign

    go vern ments and international organizat ions and

    assoc iations to launch or cause to launch such programmes;

    (k) To publicize provisions o f the United Nat ions Con vention

    on Rights of Child and other international and regional

    conventions, declarations relat in g to protection of right s and

    interests o f children rat ified by Go vern ment of Nepal and

    provisions o f prevail in g laws on right s and interest s o f

    children; and

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    (l) To carry out other activit ies that may be necessary for

    protection of rights, interest s and physical and mental

    develop ment of children.

    4. Subcommittees or Task Force may be Formed: (1) Central

    Children Welfare Committee may, in order to smoothly conduct

    activit ies that it has to carry out, form sub-committees or task

    forces as may be necessary compr isin g o f the concerned experts

    and social workers.

    (2) Functions, duties, powers and procedures o f the

    subcommittee or task force to be formed pursuant to sub-rule (1)

    shall be as prescribed by the Central Children's Wel fare

    Committee.

    5. Procedures Relating to Meetings: (1) Meetin gs o f the Central

    Children's Wel fare Co mmittee shall be held as may be necessary

    on the date and at the t ime and venue prescribed by the chairperson

    of the Central Children's Welfare Co mmittee.

    (2) Presence o f fift y percent of total number of members of

    Central Children's Wel fare Committee shall be deemed to have

    constituted the quorum for meet in gs of the Central Children's

    Welfare Co mmittee.

    (3) The chairperson of the Central Children's Wel fare

    Committee shall preside o ver meetin gs o f Central Children's

    Welfare Co mmittee and in his absence, the member selected by

    members fro m amon gst themsel ves shall preside over meetin gs.

    (4) Majority opinion shall be bindin g in meetin gs of

    Central Children's Welfare Committee and in equal division of

    votes, the person presidin g o ver the meetin g shall exerc ise castin g

    vote.

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    (5) Other procedures of meet in gs of the Central Children's

    Welfare Co mmittee shall be as prescr ibed by the Central Children's

    Welfare Co mmittee it self.

    6. Executive Director: (1) There shall be an Executive Director to

    work as the Ad min istrat ive Chief o f the Central Children's Wel fare

    Committee.

    (2) Go vern ment of Nepal may appoint or designate a

    person havin g exper ience in protection of rights and interests of

    children and in functions relat ing to children welfare as in the

    office of Executive Director.

    (3) The term o f o ffice o f the Executive Director shall be of

    five years and Government of Nepal may, on the recommendation

    of Central Children 's Wel fare Co mmittee, extend his term o f office

    for a period of three years in maximu m.

    (4) The Executive Director shall work as secretary to the

    Central Children's Wel fare Co mmittee.

    (5) Remuneration, fac il it ies, and other terms and

    condit ions of the Executive Director shall be as prescr ibed by

    Go vern ment of Nepal.

    7. Functions, Duties and Powers of the Executive Director:

    Functions, duties and powers of the Executive Director shall be as

    follows: -

    (a) To render assistance to Central Children's Wel fare

    Committee in formulatin g long term national policies and

    plans relat ing to protection of r ights and interests o f

    children and their physical and mental development;

    (b) To prepare annual programme and budget in accordance

    with policies and plans approved by Go vern ment o f Nepal

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    and to submit it to meetin gs of Central Children's Wel fare

    Committee;

    (c) To implement or cause to implement decisions and

    directives o f Central Children's Wel fare Committee;

    (d) To evaluate or cause to evaluate annual programmes o f

    Central Children's Wel fare Co mmittee and to submit

    progress reports to meetin gs o f Central Children's Wel fare

    Committee.

    (e) To look for resources necessary for operation of works o f

    Central Children's Wel fare Committee and to mobil ize

    available resources;

    (f) To cause to maintain accurate accounts of financial

    transactions of Central Children's Welfare Co mmittee; and

    (g) To carryout or cause to carryout other functions as

    delegated or directed by the Central Children's Wel fare

    Committee.

    8. Annual Report may be Published: Central Children Welfare

    Committee may, with approval of Go vernment of Nepal , publicly

    publish the

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