The Sindh Child Protection Authority Act, 2011

An Act to provide for the establishment of an Authority known as the Sindh Child Protection Authority.

WHEREAS it is expedient to provide for the establishment of an Authority known as the Sindh Child Protection Authority and to ensure the rights of the children in need of special protection measures and to provide for matters ancillary thereto;

It is hereby enacted as follows:-

1. Short title, commencement and application.
(1) This Act may be called the Sindh Child Protection Authority Act, 2011.

(2) It shall come into force at once.

2. Definitions.
In this Act, unless there is anything repugnant in the subject or context -

(a) “Authority” means the Sindh Child Protection Authority established under this Act;

¹[(a-i) “Abuse” means the child abuse and includes physical, psychological or sexual violence, exploitation, comprising economic exploitation and sexual exploitation, including child marriage, child trafficking or exploitive, domestic or commercial child labor, corporal punishment, injury and maltreatment;

(a-ii) “Caregiver” includes state, agency, unit, organization responsible to provide necessary care to child, including concerned law enforcement agency, judicial institution and alternative care institution;]¹;

(b) “Chairperson” means the Chairperson of the Authority;

(c) “Child in need of special protection measures” includes a child who-

(i) is victim of violence, abuse and exploitations;

(ii) is subjected to physical and psychological violence, sexual abuse or commercial sexual exploitation;

(iii) is forced into the worst forms of the child labour, exploitative labour, or beggary;

(iv) is subject to human trafficking within and outside Pakistan;

(v) is being misused for drug trafficking or is subjected to abuse of substances like ²[synthetic and non-synthetic narcotic substances and other illegal drugs and substances]²;

(vi) is engaged in an armed conflict;

(vii) is a child without primary care givers; ³[and street children]³;

(viii) is affected or infected with HIV aids;

³[(ix) is reported as ‘missing child’ to the Authority or Child Protection Unit, as the case may be, or any law enforcement agency by his parent or legal guardian, as the case may be;

(x) has been kidnapped or abducted.]³; and

⁴[(c-i) “Director General” means the Director General of the Authority;]⁴;

(d) “Child protection institution” means an institution, established or recognized under this ⁵[Social Welfare Department]⁵, for the admission, care, protection and rehabilitation of child requiring special protection measures;

(e) “Child protection officer” means an officer appointed by the Government for carrying out the purposes of this Act;

(f) “Child Protection unit” means a child protection unit established by the Authority for a local area under the Act;

(g) “Child” means a person who has not attained the age of eighteen years;

⁶[(g-i) “Code” means the Pakistan Penal Code, 1860 (Act XLV of 1860);

(g-ii) “executive authority” means the departments of Government of Sindh including the law enforcement agencies;]⁶;

(h) “Fund” means the Sindh Child Protection Authority Fund established under the Act;

(i) “Government” means the Government of Sindh;

(j) “Local area” means a Union, Taluka, Town, District and City District as defined in section 5 of the Sindh Local Government ⁷[Act, 2013 amended or applicable or replaced from time to time]⁷;

(k) “member” means a member of the Authority;

⁸[(kk) “missing child” means a child who is unable to be found and whose whereabouts are not known to the parents or anyone in loco parentis for last four hours;]⁸;

(l) “prescribed” means prescribed by the rules made under this Act;

(m) “Secretary” means the Secretary of the Authority.

3. Establishment of the Authority.
(1) On the commencement of this Act, Government shall, within sixty days, by notification in the office Gazette, establish an Authority to be known as the Sindh Child Protection Authority.

(2) The Authority shall be a body corporate, having perpetual succession and a common seal with power, to acquire and hold property, both movable and immovable and may by the said name, sue and be sued.

(3) Government may transfer state land or building, free of cost, to be utilized for the purpose to which the Authority is established.

(4) The headquarter of the Authority shall be at Karachi.

⁹[4. Composition of the Authority.
(1) The Authority shall consist of the following: -

(i) Chief minister shall appoint Chairperson any Member of the Authority to serve as its Chairperson;

(ii) Three Members of the Provincial Assembly of Sindh, at-least one Member from the Opposition and at-least one female Member to be nominated by the Speaker.

(iii) Secretary to Government of Sindh, Social Welfare Department;

(iv) Four persons of eminence from the civil society who have made significant contribution in the field of social welfare and human rights, including one member who should be a renowned paediatrician/ child psychologist to be nominated by the Chief Minister.

(v) Two well-known advocates having experience in the child rights, to be nominated by the Chief Minister.

(vi) Director General

(2) The Authority may co-opt any Government Secretary or his nominee or any other person,

Provided that such member shall not have the right to vote.

(3) Any person can be invited to attend the meeting of the Authority by the Chairperson, but such person shall not have the right to vote.

(4) Any Secretary to Government of Sindh or its nominee on special invitation by the Chairperson of the Authority can be invited to attend the meeting of the Authority and the government departments shall be bound to assist the Authority in decision making process, but such Secretaries or their nominees shall not have the right to vote]⁹.

5. Term of office of the members.
(1) The members other than ex-officio members shall hold office for a term of three years and shall not be eligible for more than two consecutive terms.

(2) The members shall act on gratis basis and shall only be entitled for traveling and daily allowances as may be prescribed.

(3) A nominated member of the Authority may resign from his office by writing under his hand to Government.

6. Casual Vacancy.
(1) Any vacancy caused due to the death, resignation or removal of a member other than an ex-officio member, shall be filled in by Government through appointment of another person as member who shall hold such office for the unexpired term of his predecessor.

(2) No act or proceeding of the Authority shall be invalid merely on the ground of existence of any vacancy, or any defect, in the constitution of the Authority.

7. Removal of a Member.
(1) Government may remove a member if such person has-

(a) become an un-discharged insolvent;

(b) been convicted and sentenced to imprisonment for an offence which involves moral turpitude;

(c) become of unsound mind and has been so declared by a competent court;

(d) abused the position as a member which is detrimental to public interest;

Provided that no person shall be removed under this clause until he has been given a written show cause notice and an opportunity of being heard;

(2) A vacancy caused under sub-section (1) shall be filled in by Government within thirty days through appointment of an other person as member who shall hold such office for the unexpired term of such member.

8. Director General.
(1) The Director General shall be the Chief Executive of the Authority and shall be appointed by Government in the prescribed manner.

(2) The Director General shall exercise such powers and perform such functions as may be determined by the Authority.

9. Meeting of the authority.
(1) The meeting of the Authority shall be held at a place and on such day and at such times as may fixed by the Chairperson and shall be presided over by him.

(2) No proxy representation shall be allowed in the meeting.

(3) The Quorum for a meeting of the Authority shall be half of the total members, a fraction being counted as one.

(4) All decisions of the Authority shall be taken by majority of the members and in the event of equality of votes, the Chairperson shall have a casting vote.

(5) All orders and decisions of the Authority shall be authenticated by the signature of the Chairperson or any other person authorized by the Chairperson in his behalf.

¹⁰[(6) Subject to the provisions of sub-section (1), the meetings of the Authority shall be held at least once in a quarter which is to be convened by the Chairperson under sub-section (1);

Provided that a special meeting may be called at any time by the Chairperson or on the requisition made by the four members of the Authority to the Chairperson.

(7) If any non-official member fails to attend three consecutive meetings, without any cogent reason, he shall cease to be a member of the Authority.

(8) The Secretary shall, in the first instance, on occurrence of vacancy under sub-section (7), initiate process for filling in the vacancy.

(9) In the absence of the Chairperson, the members of the Authority may appoint any member amongst themselves to preside-over the meeting of the Authority.]¹⁰.

10. Functions of the Authority.
¹¹[* * *]¹¹ For the purposes of this Act, the Authority shall have powers-

(a) to coordinate and monitor the child protection related issues at the provincial and district level;

(b) to ensure the rights of the children in need of special protection measures;

(c) to support and establish institutional mechanisms for the child protection issues;

(d) to make necessary efforts to enhance and strengthen the existing services of different children welfare institutions;

(e) to set minimum standards for social, rehabilitative, re-integrative and reformatory institution and services and ensure their implementation;

(f) to supervise in the light of minimum standards, the functions of all such institutions established by government or private sector for the special protection measures of the children;

(g) to set minimum standards for all other institutions relating to the children (like educational institutions, orphanages, shelter homes, remand homes, certified school, youthful offender work places, child parks and hospitals etc) and ensure their implementation;

(h) to review laws, propose amendments in the relevant law, wherever necessary, so as to bring those in conformity with the relevant international instruments ratified by Pakistan and to propose new laws;

(i) to recommend development of a Policy and Plan of Action for the children;

(j) to monitor and report on the violation of the national and provincial laws and international instruments and take suitable remedial measures for the protection of the child;

(k) to set up child protection management information system and prepare annual reports;

(l) to mobilize financial resources for programmes relating to special protection of children through provincial, national and international agencies;

(m) to promote and undertake systematic investigation and research on child protection issues;

(n) to initiate through relevant authorities, prosecution of the offenders when children are victim of the offence;

(o) to establish and manage the Fund;

(p) to do such acts as are ancillary and incidental to the above functions;

(q) to investigate or cause investigation, on its own or upon a complaint, into any matter having bearing on the interest of the children; and

¹²[(q-i) to facilitate and ensure the registration of a First Incident Report (F.I.R.) with the police or any law enforcement agency in relation to any child in need of special protection measures who is reported to the Authority as missing or abducted, within four hours of the child being reported missing or abducted:

Provided that it shall be mandatory for the police or any law enforcement agency to lodge FIR on receipt of such complaint of Authority or any person:

Provided further that the failure for non-registration of F.I.R. by the law enforcement agency which result in punishment as per provisions of the Code; (q-ii) to raise awareness campaigns in masses through electronic and print media and shall publish advertising promos with regard to child in need of protection measures and to coordinate with Pakistan Telecommunication Authority (PTA) for issuance on Gratis basis SMSs, MMSs and with Pakistan Electronic Regulatory Authority (PEMRA) for broadcast/tickers on television channels and announcement on radio stations and alters on social media as well as postings on relevant websites or online, print media or any other available medium as their social responsibility;

(q-iii) to support Social Welfare Department for establishing a well-coordinate child protection case management and referral system to protect children from all forms of abuse;

(q-iv) to summon and enforce attendance of concerned officers and production of relevant documents by exercising the powers of Civil Court under the Code of Civil Procedure, 1908 and to inquire the progress and in case of non-compliance or un-satisfactory performance, they shall be proceeded against in accordance with relevant or applicable laws;

(q-v) The Child Protection Officer for reasons to be recorded in writing shall be authorized to enter and search any premises or any institution providing childcare services and inspect or examine such related books, registers or records maintained by such institution, and interrogate any person in such premises where he has reasons to believe that children are being kept for the purpose of child abuse, illegal adoption or for any other unlawful purpose.

Provided that the Child Protection Officer shall within twenty-four hours of this act inform the Director General about this act.]¹².

(r) any other functions, which may be assigned to it by Government.

11. Assistance to the Authority.
All the executive authorities shall assist the Authority in the performance of its functions.

12. Delegation of Powers.
The Authority may, subject to such conditions as it may specify, delegate all or any of its powers under this Act to Chairperson, or any of its members.

13. Appointment of committees.
The Authority may appoint committees, consisting of its members as it thinks fit and may refer to them any matter for their consideration and report.

14. Appointment of Advisors etc.
The Authority may appoint on short-term basis advisors, consultants and experts having specialization and expertise in the child protection related issues.

15. Appointment of the child protection officers.
(1) The Authority may appoint child protection officers, in child protection units, to carry out the purposes of this Act.

(2) The Authority shall determine the eligibility for appointment, terms and conditions of service of the child protection officers.

(3) A station house officer shall provide appropriate police assistance to the child protection officer, whenever required.

16. Child protection unit.
(1) The Authority may establish a child protection unit for a ¹³[district level]¹³.

2(2) * * * * * * *

(3) The unit shall exercise such powers and perform functions as may be ¹⁵[prescribed by rules]¹⁵.

17. Protective Measures.
(1) A child protection officer may, in case of a child in need of special protection measures, ask relevant authorities for an appropriate action.

(2) A child protection officer may, in consultation with the child protection committee, apply to the nearest magistrate to take into custody a child requiring special protection measures.

¹⁶[A Child Protection Officer for reasons to be recorded in writing take into custody a child requiring Special Protection measure.

Provided that such child shall be presented before the nearest Magistrate within twenty four hours of being taken into custody]¹⁶.

(3) Whenever a child is taken into custody, he shall immediately be taken to the nearest Child Protection ¹⁷[appropriate authorities, unit, concerned court of magistrate]¹⁷ for temporary custody till appropriate orders are passed by the appropriate authorities.

18. Fund.
(1) There shall be established by Government a Fund, which shall consist of-

(a) all sums paid by Government;

(b) all grants, made by the Federal Government, Provincial Government or locals bodies; and

(c) donations, made by private individuals, national and international agencies.

(2) The Fund shall be administered by the Authority, which shall make such allocation for specific activities, as it may deems appropriate.

(3) The Fund shall be utilized for-

(a) performing functions of the Authority;

(b) protecting rights and welfare of the children, and

(c) such other activities, which fall within the purview of the Authority.

(4) Government shall make annual budgetary allocation for the establishment charges of the Authority.

19. Financial Control.
(1) The ¹⁸[Director General]¹⁸ shall be the Principal Accounting Officer of the Authority in respect of the expenditure incurred against budget grant or grants made to the Fund and shall, for this purpose, exercise all the financial and administrative powers delegated to him by the Authority.

(2) The accounts shall be maintained in accordance with the standards as prescribed by Government.

(3) The Authority shall appoint a Chartered Accountant who is a member of the Institute of Chartered Accountants of Pakistan, as an auditor who shall carry out the audit of the accounts of the Authority.

(4) The auditor referred to in sub-section (3) shall be appointed on such remuneration and on such terms and conditions as the Authority may determine.

20. Reports.
The Authority shall prepare annual report of its activities and such other periodical or special reports, as it may consider necessary.

¹⁹[20-A. Data Protection.
(1) Any report of the Child Protection Officer shall be treated as confidential but the substance of such report shall be open to a child, his parent, legal guardian or any other caregiver.

(2) No report in any newspaper, magazine or news sheet of any assessment regarding a child made under the provisions of this Act shall disclose the name, address or any other particulars which will lead to the identification of the child, nor shall any picture of any child may be published.

20-B. Cognizance of offences.
All offences committed under this Act shall be cognizable and non-bailable.

20-C. Application of the Code of Criminal Procedure, 1898 (Act V of 1898).
The provisions of the Code of Criminal Procedure, 1898 shall apply mutatis mutandis for the purpose of trial of offences committed under this Act.

20-D. Establishment of Special Courts.
(1) For the purpose of speedy justice, Government shall, in consultation with the High Court of Sindh, an existing court of Civil Judge/Assistant Sessions Judge to be a Special Court for Child Protection to try the offences under this Act.

(2) On establishment of Special Courts under sub-section-

(1), the cases falling within the purview of this Act pending in any court shall be transferred to the Special Court for trial.

(3) The Special Court established under sub-section-(1), on taking cognizance of a case shall proceed with the trial from day to day and shall decide the case within one hundred and twenty days]¹⁹.

21. Chairperson, Members and other staff of the Authority to be the public servants.
The Chairperson, members, officers and other employees of the Authority shall be deemed to be the public servants within the meaning of section 21 of the Pakistan Penal Code.

22. Protection of action taken under this Act.
No suit, prosecution or other legal proceeding shall be instituted or entertained against any person, acting or purporting to act under this Act or the rules, in good faith and for the welfare of a child.

23. Power to make rules and regulations.
²⁰[(1) Government may, by notification in the official gazette, make rules for carrying out the purpose of this Act.

(2) The Authority may make regulations not inconsistent with the provisions of this Act and rules made there under]²⁰.

²¹[24. Certain other provisions of law not barred.
Subject to the provisions of the Act and the rules made there under the provisions of this Act shall be in addition to, and not in derogation of the Sindh Children Act, 1955 and Juvenile Justice System Act, 2018.]²¹.