National Child Protection Authority Act 1998

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

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.

The Authority shalt consist of—

the foilowing members to be appointed by the

the following ex-officio member, namely—

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

he is or becomes a member of Parliament or any

he is not, or ceases to be, a citizen of Sri

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

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

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

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.

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.

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

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.

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

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 shal! be eligible for re-appointment for one more term of office.

4. National Child Protection Authority

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

The President may appoint as the Chairman of the

. The President may appoint another member as the

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.

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

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

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

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.

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.

No act, decision or proceeding of the Authority, shall.

be deemed to be invalid by reason only of the existence of any vacancy of the Authority or any defect in the appointment of any member thereof.

The seal of the Authority may be determined and devised by the Authority, and may be altered in such manner as may be determined by the Authority.

The seal of the Authority shall be in the custody of such person as the Authority may decide from time to time. -

The seal of the Authority shall not be affixed to any.

The Authority shall maintain a register of the instruments and documents to which the seal of the Authority has been affixed.

In the exercise of its powers and the discharge of its functions, the Authority shall comply with the policy of the

Government in relation to the protection and welfare of children and with any general or special directions issued to -

it by the Minister in relation to the implementation of such policy.

The Authority may delegate any of the powers and functions of the Authority to the Chairman and the Deputy

The Chairman and the Deputy Chairman to whom’ any of the powers and functions of the Authority have been delegated under subsection (1) shall exercise or discharge the powers and functions so delegated, subject to the general or special directions of the Authority.

The functions of the Authority shall be—

to advise the Government in the forniglation of a national policy on the prevention of child abuse and the protection and treatment of children who are victims of such abuse ;

(A)

to advise and assist Provincial Councils and local authorities, and non governmental organizations to co-ordinate campaigns against child abuse ;

to conduct, promote and co-ordinate, research in relation to child abuse and child protection,

The Authority shall have the power—

Powers of the

to acquire, hold, take or give on lease or hire, mortgage, pledge, sell or otherwise dispose of, any movable or immovable property ;

. to borrow, with or without security, moneys, on such terms and conditions as may be approved by the

to accept gifts, grants or donations whether in cash or otherwise, and to apply them for discharging its functions ;

to appoint such officers and servants as may be necessary for carrying out the work of the

to appoint sub-committees or to cordinate with units at provincial level, for the effective discharge of its functions;

to determine the remuneration payable to the officers and servants so appointed;

to establish a social security scheme, and provide welfare and recreational facilities for its officers and servants;

There shall be a Panel of officials (hereinafter referred to as “the Panel”).

The Panel shall consist of the following officers:—

The officials of the Panel shall attend all meetings of the Authority and assist the Authority in the implementation of the decisions of the Authority.

The Minister may on the advise of the Authority issue general or special directions to any Government departments.

or statutory institutions requiring any such department or institution to carry out such acts relating to the prevention of child abuse as are specified in such direction.

The Authority may appoint officers and servants as it considers necessary for the efficient discharge of its functions.

The officers and servants appointed under subsection (1) shall be remunerated in such manner and at such rates and shall be subject to such conditions of service as may be determined by the Authority with the approval of the Minister.

At the request of the Authority an officer in the public service may, with the consent of the officer and the Secretary to the Ministry of the Minister in charge of the subject of

Where any officer in the public service is temporarily appointed to the staff of the Authority, the provisions of subsection (2) of section 14 of the National Transport

Where any officer in the public service is permanently appointed to the staff of the Authority, the provisions of subsection (3) of section 14 of the National Transport

Where the Authority employs any person who has agreed to serve the Government for a specified period, any period of service to the Authority by that person shall be regarded as service to the Government for the purpose of discharging the obligations of such agreement.

The Authority shall have its own fund (hereinafter referred to as the “Fund”).

There shall be paid into the Fund—

There shall be paid out of the Fund all such sums as are required to defray the expenditure incurred by the

Every donation made by money or otherwise to the | Exemption from

Authority shall, for the purposes of paragraph (b) of subsection (2) of section 31 of the Inland Revenue Act, No. 28 of 1979

be deemed to be a donation made in money or otherwise to a fund established by the Government.

The financial year of the Authority shall be the calendar year.

The provisions of Article 154 of the Constitution relating to the audit of the accounts of public corporations shall apply to the audit of the accounts of the Authority.

Every member of the Authority and all officers and servants of the Authority, shal! before entering upon his duties, sign a declaration pledging himself to observe strict secrecy in respect of all matters connected with the affairs of the

Authority, and shall by such declaration pledge himself not to disclose any matter which may come to his knowledge in the performance or discharge of his duties and functions relating to the identity of any victim of child abuse except—

when required to do so by a court of law ; or

by any person or body of persons to whom such matters relates ; or

in order to comply with any of the provisions of this

For the purpose of enabling the Authority to exercise, perform and discharge any of the powers, duties and functions under section 14 and section 15 of this Act, the

It shall be the duty of any person who is required to furnish any return or information by a notice under subsection (1) to comply with such requirement within the period specified in such notice, except where such person is precluded from making such return or divulging such information under the provisions of any law.

The Authority. or any member thereof or any officer or servant of the Authority, shall not disclose to any person or use any returns or information furnished under subsection (1), except when required to do so by a court of law or for the purposes of discharging its functions.

The Authority shall be deemed to be a scheduled institution within the meaning of the Bribery Act and the provisions of that Act, shall be construed accordingly.

All members, officers and servants of the Authority shall be deemed to be public servants within the meaning and for the purposes of the Penal Code.

Where any immovable property of the State is required for any purpose of the Authority, such purpose shall be deemed to be a purpose for which a special grant or lease of such property may be made under section 6 of the Crown

Where any movable property of the State is required for any purpose of the Authority, the Minister may, by Order published in the Gazette, transfer to, and vest in the Authority the possession and use of such movable property :

Where any immovable property is required to be acquired for any specific purpose of the Authority and the

Any sum payable, for the acquisition of any immovable property under the Land Acquisition Act for the Authority shall be paid out of the Fund of the Authority.

No action or prosecution shall be instituted—

Any expenses incurred by any such person as is referred to in paragraph (5) of subsection (1), in any action or prosecution instituted against him in respect of any act which is done or purported to be done by him under this Act or on the direction of the Authority shall be paid out of the Fund of the Authority, if the Court holds that such act was done in

No writ against the person or property shall be issued against any member of the Authority or any officer or servant of the Authority in any action brought against the Authority.

The Minister may, from time to time, direct the

Authority to furnish to the Minister in such form as the

Minister may require returns, accounts and other information with respect to the work of the Authority and the Authority shall carry out every such direction.

The Authority shall submit an annual report to the

Minister of all its activities during the year to which the report relates, and the Minister shall cause such report to be placed before Parliament. The Authority may, whenever it considers it necessary to do so, submit periodic or special reports to

Minister in respect of any particular matter or matters examined by it, and the action taken in respect-thereof.

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National Child Protection Authority

The Authority may, where it has reason to believe that there is child abuse on any premises and that application to court for a search warrant may prejudice investigation into such child abuse, authorize in writing an officer of the

Authority to enter and search such premises. An Officer so authorized is hereinafter referred to as an “authorized officer.

Any authorized officer may—

which child care services are provided ;

National Child Protection Authority

Any authorized officer may, if he has reason to believe that any offence under any law relating to children, has been or is being committed, seize and detain—

for such time as may be necessary, any article by means of or in relation to which the offence is alleged to have been committed or which is used in relation to the commission of the offence;

Where any authorized officer seizes any article under subsection (1), such article shall be kept in the custody and control of the Authority pending its disposal.

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Every person who—

Every person who commits an offence under this Act for which no punishment is expressly provided by any other provision of this Act, shall on conviction after trial before a

Where an offence under this Act is committed by a body of persons, then—

if that body of Persons is a firm, every partner of that firm, shall be deemed to be guilty of that offence:

Every officer of the Panel or an officer or servant.

The Minister may make regulations in respect of any matter required by this Act to be prescribed or in respect of which regulations are authorized by this Act to be made.

Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified in such regulation.

Every regulation made by the Minister shall as soon as convenient after its publication in the Gazette, be brought before Parliament for approval. Any regulation which is not

Notification of the date on which any regulation made by the Minister is deemed to be rescinded shall be published in the Gazette.