Professional Documents
Culture Documents
Da te o f the Ro ya l S e a l a nd P ub l ic a tio n Da te
2 0 49 /2 / 7 (Ma y 2 0 , 1 9 92 A.D .)
Am en dme nt Act
1 .Chi l d Labo r (P ro hi bi t i o n an d Re gu l at i o n) Act , 2 0 5 6
7 Ash ad 2 0 5 7 ( Jun e 2 1 , 2 0 00 )
Chapter -1
Preliminary
1.
(b)
"Guardian "
means
the
guard ian
appointed
under
This Act has been appointed to commence on date 2050/1/1 B.S. (April 13, 1993 A.D.)
1
"Ch ildren Welfa re Officer " me ans the Children Wel fare
Officer appointed under Section 33 by Go vern ment of
Nepal and includes any other person or employee as
prescribed to act on behalf of such Offic er.
(e)
(2)
(3)
(f)
"Ch ildren's
Wel fare
Ho me "
means
the
Children's
(h)
(i)
"Pr escr ibed" or "a s prescr ibed " means prescr ibed or as
prescribed in the Rules made under this Act.
Chapter -2
Rights and Interests of Children
3.
arran ge ments for proper health care to the pregnant mothers and
the mothers who have recently given birth to a Child.
(4)
and ser vices relatin g to pre ventive and curative health care to
parents.
5.
between a son and dau ghter and between sons and daughters
themsel ves in matters relatin g to their upbrin gin g, education and
health care.
6.
Disc rimination not t o be made bet wee n chil dren born out of
wedloc k or in l awful wedl oc k or bet ween the adopted or the
natural Child : (1) No discrimination shall be made between
children born out of wedlock or in lawful wedlock in matters of
their upbringin g education or health care.
(2)
8.
if there
is a
10.
proceedin gs
or
practice,
the
Child
may,
until
the
Child and C rimi nal Li abi lity : (1) If a Child below the a ge of
10 years commits an act which is an offence under a law, he shall
not be liable to any type of punishment.
(2)
(3)
of any person, the person doing such act shall be liable for full
punishment as per the law as if he/she has co mmitted such offence.
12.
law
for
rea son
of
co mmittin g
an
offence,
such
such Child a Sanysi , Bhi kchhu or Faki r, and even if sha ved, it shall
not have le gal validity.
(3)
(1) No per son shall, for the purpose of ful fillin g the
else's Child ha vin g brou ght such Child, offerin g financial ga in,
under any kind of coercion or undue influence.
(2)
otherwise hando ver his Ch ild to anybody for the purpose stipulated
in sub-section (1).
(3)
enshrine ment shall incite to commit an act referr ed to in subsection (1) nor shall perfor m or per mit to per form religious rites or
for malit ies in case s where a person brin gs a Child to any temple
with the purpose of offer in g or surrenderin g to God or Goddess.
(4)
Act, in violation o f sub-sections (1), (2) and (3) abo ve, the father,
mother or any me mber of the fa mily shall take custody of the Child
and ma ke arr an ge ments for upbrin gin g, education and health care
of such Child on equal footing with other me mber s o f the fa mil y as
if such act is not committed.
(5)
a Child referr ed to in sub-section (1) and (2) who is below the age
of 16 year s at the commence ment of this Act shall be brought by
either of the livin g parents.
15.
Prohibition
on
imposing
rigorous
punishment :
(2)
No
publication,
exhibition
or
distribution
of
..
Enforce ment of rights : (1) For enforce ment of rights set out in
this Chapter, e ver y person shall ha ve the right to file a petition on
behalf of the Child to a Distr ict Court of the district where the
Child is re sidin g. On rece ipt of such petition, the concerned Court
ma y, upon inquiry into the matter, en force the right by issuin g the
appropriate order, direction or writ.
Pro vided that, in matters relatin g to the prohibition on
ma intainin g dire ct contact or livin g by the Child in pursuance of
the proviso to sub-section (1) o f S ection 8, such act ion may be
Repealed by Child Labor (Prohibition and Regulation) Act, 2056 (2000 A.D.).
8
infr in ge ment of an y r ight confer red by this chapter, the Court may
issue order, direction or writ pursuant sub-section (1), and decide
to make payment of a reasonable amount of compensation.
Chapter -3
Provisions relating to the protection of the
Child and relating to the Guardian
21.
has any property, the Children Wel fare Offic er or the Chie f
District Officer shall prepare a statement thereof in the presence of
at least two local witnesse s and shall keep one copy thereof in his
office and the other one shall be given to the person or
Wel fare
Ho me
takin g
re sponsibil ity
for
the
10
(2)
(b)
(c)
(d)
(e)
(5)
If he is bankrupt.
over wh ile handin g o ver the Child to the Guardian pursuant to subsection (2) or the Children's Wel fare Ho me pursuant to sub-section
(5). While handing o ver the property, its statement shall be
prepared and one copy shall be kept in his office and the other one
shall be given to the Guardian or Chief o f the Children's Wel fare
Home who receive s the property.
11
(7)
ma y spend the income acc rued from the property handed over
pursuant to sub-section (6) for the maintenance, education and
health care of the concerned Child and keep its account.
23.
(b)
To
arran ge
for
education
which
may
help
(d)
(3)
order
to
the
property
or
income
of
the
Child
25.
12
(a)
(b)
(c)
26.
The
Children
Welfare
Officer
ma y,
if he
dee ms
13
29.
14
(2)
Chapter -4
Welfare Provisions
32.
(1)
Go vern ment
of Nepal
shall,
by publishing a
15
inter alia, as appointed by the Chief District Office r spec ially from
amon gst the followin g persons: (a)
(b)
(3)
(c)
(d)
Medical practitioners,
(e)
Child psychologists,
(f)
Teachers.
Board
fro m
a mon gst
the msel ve s
and
until
such
Children Welfa re Board and the Distr ict Children Wel far e Board,
other than those referred to in the Act, shall be as prescribed.
16
33.
ser vice o f the Children Welfare Officer, other than those refe rred
to in this Act, shall be as prescr ibed.
34.
Establi shme nt and ope rati on of Childre n's Welf are Home:
(1) Go vern ment o f Nepal shall establish Children's Wel fare Ho me
in the var ious re gions o f the Kin gdo m o f Nepal as may be
necessar y.
(2)
not take into its custody the Abandoned Child due to the reason
mentioned in sub-section (2), such Child may be handed over to
any other Children Welfare Ho me.
(4)
the age bar to live in the Children's Welfare Ho me does not apply
in case of blind, disabled or mentally retarded Abandoned Child,
until they are sent to the Children Welfare Ho me e stablished for
their livin g.
18
(3)
Go vern ment
of Nepal
shall
provide
assistance
to
pursuant to sub-section (1) completes the spec ified per iod in the
Children's Wel fare Ho me, the Chie f o f the Children's Wel fare
Home shall handover the Child to the custody of his father, mother
or relatives. While handing o ver the Child the balance amount, if
any, of the money deposited for the ma intenance of such Child
shall also be returned along with the statement of e xpenses
incurred for his ma intenance.
(3)
not found or the Child is dead, any goods or immo vable property
of the Child shall be returned to his father, mother or relatives and
realized fro m the m the due expenses relatin g to the Child, if any.
39.
Gene ral
punishment
may
be
given
to
mai ntai n
the
Wel fare
Ho me
for
per iod
not
in
ca se
to
the
section (1), the Chief o f the Children's Wel fare Ho me shall realize
the amount from income of the concerned Child or from his salar y,
if he is gettin g any for workin g there, and shall have to reconcile
the account by remittin g the re mainin g a mount.
40.
In
the
situation
pursuant
to
sub-section
(1),
the
Chief of the C hildre n's Welf are H ome t o ke ep rec ords and
to report : (1) The Chief o f the Children's Wel fare Ho me shall
have to prepare personal records of all the Abandoned Children
resid in g in the Children's Wel fare Home. If any punishment is
imposed to any Child, pursuant to sub-section (1) of Section 39,
that also shall be mentioned in such record.
(2)
21
(3)
reports in the prescribed for m statin g all the activities carr ied out
by the Children's Wel fare Home in the last yea r, to the Distr ict
Children Welfare Board and Children Welfare Officer in each year
within the month of Baisakh (Apr il 15 to May 15).
42.
pursuant
to
existin g
law
for
in ve stigation or adjudication,
(b)
(c)
(d)
(e)
22
(f)
Children
of
the
cate gor ie s
prescribed
by
Inspection of Chil dren' s Welf are H ome, Juve nile Ref orm
Home, Orphanage etc : (1) The Central Children Welfare Board
23
The
Children
Welfar e
Officer
shall
inspect
the
Provi si ons
re lati ng
to
the
Children's
Welfare
H ome,
24
46.
47.
48.
Chapter -5
Chapter -6
Miscellaneous
49.
Chapter -5 is repealed by Child Laborer (Prohibition and Regulation) Act, 2056 ( A.D.).
25
Statistic s rel ating to the Child and rest ricti on in its use : (1)
A police office shall keep the statistic s o f the Child apprehended
on the charge o f any o ffence in confidential manner ha vin g stated
his
na me,
address,
a ge,
sex,
fa mily
bac kground,
economic
Repealed by Child Labor (Prohibition and Regulation) Act, 2056 (1999 A.D.)
27
caused in his health or his physical or gan is dama ged due to the
reason that any person has caused the Child to enga ge in any
prohibited act pursuant to Section 16, . the officer hear in g the
case ma y cause to pay a rea sonable amount of compensation in
proportion to such dama ge to the Child from such person in
addition to the punishment to be imposed pursuant to sub-section
(1) or (4).
(7)
Repealed by Child Labor (Prohibition and Regulation) Act, 2056 (2000 A.D.).
28
54.
(10) ..
55.
Repealed by Child Labor (Prohibition and Regulation) Act, 2056 (2000 A.D.).
29
(3)
and decide the case pursuant to sub-section (2) until a Juven ile
Court pursuant to sub-section (1) is constituted, and after the
constitution of the Juven ile Court, cases filed in the District Court
shall be transfer red to the Juven ile Court.
(4)
Court for hearin g and decid in g the case to be heard fro m the
District Court pursuant to sub-section (3).
(5)
relating to constitution of the Children's Bench pursuant to subsection (4) on the advice o f the Supreme Court and while
prescrib in g the Bench it ma y include social worker, ch ild specialist
or child psychologist in addition to the judge.
(6)
57.
Pri ority to be give n in hearing cases : Any case under this Act
in wh ich a Child is e ither a plaintiff or a defendant shall be
accorded priority for hearin g and decidin g.
58.
59.
30
(2)
be
warned
and
if
the
offence
is
punishable
with
31