NATIONAL CHILD PROTECTION AUTHORITY ACT

Arrangement of Sections

1. Short title.

2. Establishment of the National Child Protection Authority.

3. Members of the Authority.

4. Disqualification from being a member.

5. Removal and resignation of members.

6. Term of office of members.

7. Remuneration or allowance of members.

8. Chairman and Deputy Chairman of the Authority.

9. Meetings of the Authority.

10. Acts not invalidated by reason of a vacancy.

11. Seal of the Authority.

12. Authority to exercise its powers under the direction of the Minister.

13. Delegation of powers and functions of the Authority.

14. Functions of the Authority.

15. Powers of the Authority.

16. Panel of officials.

17. Panel to assist in the implementation of the decisions of the Authority.

18. Authority to advise the Minister.

19. Staff of the Authority.

20. Fund of the Authority.

21. Exemption from certain taxes.

22. Financial year and audit of accounts.

23. Declaration of secrecy.

24. Returns and information.

25. Authority to be a scheduled institution within the meaning of the Bribery Act.

26. Members, officers and servants of the Authority deemed to be public servants.

27. State property both movable and immovable to be made available to the Authority.

28. Acquisition of immovable property under the Land Acquisition Act.

29. Protection for action taken under this Act or on the direction of the Authority.

30. No writ to be against a member, officer or servant of the Authority.

31. Furnishing of information to the Minister.

32. Annual report.

33. Powers of Authority to authorise any officer to enter and inspect any premises.

34. Power of inspection and search.

35. Power to seize articles.

36. Authorised officers deemed to be peace officers.

37. Offences.

38. Regulations.

39. Interpretation.

40. Sinhala text to prevail in case of inconsistency.

50 of 1998.

AN ACT to provide for the establishment of the National Child Protection Authority for the purpose of formulating a national policy on the prevention of child abuse and the protection and treatment of children who are victims of such abuse; for the
co-ordination and monitoring of action against all forms of child abuse; and for matters connected therewith or incidental thereto.

[Date of Commencement: 12th November, 1998]

1. Short title.

This Act may be cited as the National Child Protection Authority Act.

2. Establishment of the National Child Protection Authority.

(1) There shall be established an Authority which shall be called the National Child Protection Authority (hereinafter in this Act referred to as the "Authority”).

(2) The Authority shall by the name assigned to it by subsection (1) be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in such name.

3. Members of the Authority.

The Authority shall consist of—

(a) The following members to be appointed by the President (hereinafter referred to as the "Appointed Mmembers”)—

(i) At least one but not exceeding two—

(A) Senior psychiatrists;

(B) Senior pediatricians;

(C) Medical practitioners engaged in the field of forensic medicine;

(D) Senior psychologists,

Nominated by the Minister in charge of the subject of Health;

(ii) a senior officer of the Attorney-General's Department not below the rank of Senior State Counsel nominated by the Minister in charge of the subject of Justice;

(iii) a senior officer of the Department of Police not below the rank of Deputy Inspector General nominated by the Minister in charge of the subject of Defence;

(iv) five members from persons who appear to the President to have wide experience, capacity and recognition in law, child welfare, education or any other related field; and

(b) The following ex-officio member, namely—

(i) The Commissioner of Probation and Child Care;

(ii) The Commissioner of Labour; and

(iii) The Chairman of the Committee established, by Article 40 of the Charter on the Rights of the Child, for the purpose of implementing the provisions of that Charter.

4. Disqualification from being a member.

A person shall be disqualified from being appointed or continuing as a member of the Authority if—

(a) he is or becomes a Member of Parliament or any Provincial Council or any local authority; or

(b) he is not, or ceases to be, a citizen of Sri Lanka; or

(c) he is under any law in force in Sri Lanka or in any other country found or declared to be of unsound mind; or

(d) he is serving or has served a sentence of imprisonment imposed by any court in Sri Lanka or any other country; or

(e) he holds or enjoys any right or benefit under any contract made by or on behalf of the Authority; or

(f) he has any financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member of the Authority.

5. Removal and resignation of members.

(1) An appointed member of the Authority may resign his office by letter addressed to the President and such resignation shall be effective from the date on which it is accepted by the President.

(2) The President may for reasons assigned remove an appointed member of the Authority from office.

(3) Where a member of the Authority dies, resigns or is removed from office, the President shall, having regard to the provisions of section 3, appoint another member in his place.

(4) A member appointed under subsection (3) shall hold office for the unexpired part of the term of office of the member whom he succeeds.

6. Term of office of members.

Subject to the provisions of subsections (1) and (2) of section 5 the term of office of an appointed member of the Authority shall be three years and such member shall be eligible for re-appointment for one more term of office.

7. Remuneration or allowance of members.

The members of the Authority shall be paid remuneration or allowances out of the Fund of the Authority as such rates as may be determined by the Minister.

8. Chairman and Deputy Chairman of the Authority.

(1) The President may appoint as the Chairman of the Authority, a member who has proven experience and capacity in the field of administration, management, law, child welfare, education or other related field.

(2) The President may appoint another member as the Deputy Chairman of the Authority.

(3) If the Chairman or the Deputy Chairman is by reason of illness or absence from Sri Lanka, temporarily unable to perform the duties of his office, the President may appoint another member of the Authority to act in his place.

(4) The Chairman and the Deputy Chairman shall not engage in any paid employment outside the duties of their office, without the approval of the President.

9. Meetings of the Authority.

(1) The Chairman of the Authority shall, if present preside at every meeting of the Authority. In the absence of the Chairman from any such meeting, the Deputy Chairman shall preside at such meeting. In the absence of both the Chairman and the Deputy Chairman from any such meeting, a member elected from among the members present shall preside at such meeting.

(2) The quorum for any meeting of the Authority shall be six members.

(3) The Chairman or the Deputy Chairman or other member presiding at any meeting of the Authority, shall in addition to his own vote, have a casting vote.

(4) Subject to the preceding provisions of this section, the Authority may regulate the procedure in regard to the meetings of the Authority and the transaction of business of such meetings.

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