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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