Last Change:

04/30/2025

Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010

Year: 2010

Type: Domestic law

Rights Category: Liberty & security of person, Social protection, Work & Workplace rights, Family life

Description

An Act to provide for the care, protection, maintenance, welfare, training, education, rehabilitation and reintegration of Children at risk in the Khyber Pakhtunkhwa. 

Selected provisions
Section 3 - Establishment of the Commission.

(1) As soon as may be after the commencement of this Act, Government shall establish a Commission to be known as the Khyber Pakhtunkhwa Child Protection and Welfare Commission.
(2) The Commission shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire land in accordance with law and hold properties both movable and immovable and may sue and be sued by the said name.
(3) Government may transfer state land or building, free of cost, to be utilized for the purposes of this Act.
(4) The composition of the Commission shall be as follows:
(a) Minister for Social Welfare and Women Development Department (Chairman;
(b) Secretary to Government Social Welfare and Women Development Department (Vice-Chairman);
(c) Secretary to Government, Finance Department or his nominee not below the rank of Deputy Secretary (Ex-officio Member);
(d) Secretary to Government, Home and Tribal Affairs Department or his nominee not below the rank of Deputy Secretary (Ex-officio Member);
(e) Secretary to Government, Law Parliamentary Affairs and Human Rights Department or his nominee not below the rank of Deputy Secretary (Ex-officio Member);
(f) Secretary to Government, Local Government, Election and Rural Development Department or his nominee not below the rank of Deputy Secretary (Ex-officio Member);
(g) Secretary to Government, Elementary and Secondary Education Department or his nominee not below the rank of Deputy Secretary (Ex-officio Member);
(g-i) Secretary to Government Health Department or his nominee not below the rank of Deputy Secretary (Ex-officio Member);
(h) not exceeding six persons from civil society organizations, Members of Provincial Assembly, Lawyers and Ulema (Members);
(i) Chief Protection Officer (Secretary-cum-Member)
(5) The persons appointed under clause (h) of sub-section (4) shall be appointed by Government, who shall be the persons of repute having experience in the affairs of children and at least three amongst them shall be women.
(6) The Commission shall be the executive authority, having 6[financial,] administrative control and management of the affairs of the Commission, its secretariat, institutions and organizations running under the Commission.
(7) Members of the Commission, other than ex-officio members, shall hold office for a period of three years and may serve on the Commission for more than two consecutive terms.
(8) The Commission shall meet on quarterly basis at such time and place and observe such rules of business as may be prescribed by rules.
(9) The Chairman shall preside over the meeting and in his absence any other ex-officio member of the Commission, to be elected by the present members, shall preside over the meeting.
(10) Six members including at least three ex-officio members shall constitute quorum for a meeting of the Commission.
(11) All decisions in a meeting shall be taken by majority of votes and the Chairman shall have the casting vote in case of equality of votes.
(12) Government may remove any member, appointed under clause (h) of sub-section (4), during the tenure of his office in the manner as may be prescribed by rules.
(13) Any vacancy caused due to death, resignation or removal of a member, other than an ex-officio member, shall be filled in by Government within one-month time through appointment of another person as member and such appointee shall, hold such office for the unexpired term of his predecessor.
(14) Any member other than ex-officio members may resign from his office by tendering his resignation to Government.

Section 4 - Powers and functions of the Commission.

(1) Subject to the provisions of this Act, the Commission shall have the following powers and functions: -
(a) to act as a focal point for effective supervision and coordination of child rights matters at provincial and local levels, and develop and coordinate activities programmes and plans for the development, protection, survival, participation and rehabilitation of children at risk;
(b) to coordinate with National Commission on the Rights of Children (NCRC);
(c) to implement policies for the prevention, protection, rehabilitation and reintegration of children at risk;
(d) to review all provincial laws, rules and regulations affecting the status and rights of children and propose new laws in this behalf, wherever necessary, to safeguard and promote the interest of child in accordance with the Constitution of the Islamic Republic of Pakistan and obligations under international covenants and commitments: Provided that these obligations and covenants are not repugnant to injunctions of Islam;
(e) to provide technical and other support in the interests of children to the Provincial Departments, local governments or civil society organizations and create awareness and educate the public about the status of Children at risk through print and electronic media as well as holding lectures and seminars etc;
(f) to monitor the implementation and violation of laws related to child protection, welfare and rights including prevention of child labor, child sexual abuse, child sexual exploitation, prostitution, child pornography, child trafficking and any form of violence against children and to take necessary measures by enquiring into or referring individual complaints for their redressal to other appropriate Authorities or Departments or Agencies;
(g) to establish, manage, supervise and control Child Protection Units;
(h) to provide protective measures, inter alia, food and shelter, education and training to the children at risk by establishing, managing and recognizing Child Protection Institutions in accordance with the criteria laid down by the Commission;
(i) to prohibition of physical and corporal punishments of any kind which may result in endangering the life, physical, mental, spiritual, moral or social development of the child, both within the family, and in any institution;
(j) to mobilize financial resources, through national and international agencies, for programs relating to child protection, welfare and rights;
(k) to improve rules and procedures concerning compulsory birth registration and registration of children without birth documents including registration of an abandoned child with the State filling for his parentage;
(l) to reform, monitor and ensure the safety of children in residential care and juvenile detention facilities by efficient reorganization to meet with minimum standards and regular monitoring of each such institution;
(m) to build a rapid-response child protection intervention capability for provincial level emergencies such as natural disasters or the outbreak of armed conflict;
(n) development of a system, if necessary, of acquiring partnership of private organizations for management or funding or both, of any or all child protection institutions, which may include arranging "kafalat" of a child by private citizens;
(o) to revise the minimum age of criminal responsibility to a nationally acceptable level;
(p) development of a uniform structure for data collection and computerized data recording, to facilitate evidence-based policy formulation;
(q) to do all such acts and things as are ancillary or incidental to any of the functions stated above and any other functions, which may be assigned to it by Government;
[(r) to create, re-designate or abolish posts which are necessary for the discharge of its functions, functions of Child Protection Unit and Child Protection Institution: Provided that the creation of fresh posts shall be made in consultation with Finance Department of Government; and
(s) to make regulations for post-employment benefits and health and life insurance during service of its employees.]
(2) The Commission may appoint employees, which are necessary for the discharge of their functions with such terms and conditions, as may be prescribed by regulations.
(3) The Commission may authorize the employees for the performance of its functions under this Act.