National Commission on the Rights of Child Act, 2017

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THE NATIONAL COMMISSION ON THE RIGHTS OF CHILD 
ACT, 2017 
 
 
 
 
 
      
       CONTENTS 
             _________ 
 
 
        CHAPTER I  
 
PRELIMINARY 
 
1.  Short title, extent and commencement. 
 
2.  Definitions. 
  
CHAPTER II  
 
NATIONAL COMMISSION ON THE RIGHTS OF CHILD 
 
3.  Constitution of Commission. 
 
4.  Secretariat of the Commission. 
 
5.  Appointment of Chairperson and members. 
 
6.  Term of office of Chairperson and members. 
 
7.  Disqualification. 
 
8.  Removal from office. 
 
9.  Vacancy in office of the Chairperson or member. 
 
10.  Acting Chairperson. 
 
11.  Vacancy not to invalidate proceedings of Commission. 
 
12.  Procedure for transaction of business. 

 
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13.  Executive committee of the Commission. 
 
14.  Secretary, officers and other employees of the Commission. 
 
CHAPTER III 
 
POWERS AND FUNCTIONS OF THE COMMISSION 
 
15.  Function of the Commission. 
 
16.  Delegation of functions. 
 
17.  Annual reports of the Commission. 
 
CHAPTER IV 
 
FUNDS, FINANCE, ACCOUNTS AND AUDIT 
 
18.  Fund. 
 
19.  Accounts and audit of the Commission. 
 
CHAPTER V 
 
    MISCELLANEOUS 
 
20.  Power of the Federal Government to issue directives. 
 
21.  Returns or information. 
 
22.  Power to make rules. 
 
23.  Power to remove difficulties and doubts. 
 
 
 
  
 
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THE NATIONAL COMMISSION ON THE RIGHTS OF CHILD ACT, 2017 
 
ACT NO.  XXXII OF 2017 
     [26th Sep, 2017] 
  
 
An Act to provide for constitution of a National Commission on the rights of child and for 
 matters connected therewith or incidental thereto 
 
WHEREAS it  is expedient to  set up a National Commission on  the rights of child in 
accordance with international obligations and for matters connected therewith or incidental thereto; 
 
It is hereby enacted as follows: — 
 
 
CHAPTER I 
 
PRELIMINARY 
 
1.       Short title, extent and commencement.—(1) This Act may be called the National 
Commission on the Rights of Child Act, 2017. 
 
(2)    It extends to the whole of Pakistan.  
 
(3)    It shall come into force at once. 
 
2.      Definitions.—In this Act, unless there is anything repugnant in subject or context,—  
 
(a) “Chairperson ” means the Chairperson of  the Commission;  
 
(b)      “child” means any person below the age of eighteen years; 
 
(c)     “child rights” mean and include, but limited to, rights of child in  the United 
Nations’ Convention on Rights of the Child and in any other domestic law; 
 
(d)      “Commission” means the National Commission on the Rights of Child 
constituted under section 3; 
 
(e)    “member” means a person appointed as member of the Commission and where 
the context so permits includes the Chairperson; 
 
(f)      “prescribed” means prescribed by rules made under this Act;  
 
(g)     “rules” mean rules made under this Act; and 
 
(h)     “Secretary” means Secretary of the Commission appointed under section 14.               
· 
 
 
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CHAPTER II 
 
 
NATIONAL COMMISSION ON THE RIGHTS OF CHILD 
 
3.    Constitution of  Commission.—(1) The 1[Prime Minister]  shall constitute a  
commission to be known as the National Commission on the Rights of Child to exercise its 
powers and perform its functions under this Act. 
 
(2)    The Commission shall consist of— 
 
(a)     a person being citizen of Pakistan of not            Chairperson 
less than forty-five years of age, having  
experience of not less than fifteen years  
of working in the field of child rights, to  
be appointed by the 1[Prime Minister]  
in the prescribed manner; 
 
(b)      Secretary of the Division, allocated with the        Member ex-officio  
business of child rights, or his representative 
not below the rank of Joint Secretary (B-20); 
 
(c)      a representative of Foreign Affairs Division         Member ex-officio  
not below the rank of Joint Secretary (B-20); 
 
(d)      a representative of Interior Division not               Member ex-officio  
         below the rank of Joint Secretary (B-20); 
 
(e)      Chairperson of the National Commission for       Member ex-officio 
 Human Rights or his representative not below the  
rank of an officer in BS-20; 
 
(f)      Chairperson of the National Commission on        Member ex-officio 
the Status of Women or her representative not below  
the rank of an officer in BS-20; 
 
(g)    Chairpersons of provincial commissions               Members ex-officio  
on the rights of child, set up under provincial 
laws; 
 
(h)     six members, one each from each Province,      Members 
Islamabad Capital Territory and the Federally  
Administered Tribal Areas, out of which two  
members shall be from women and one from  
minorities, all having experience of not less than  
ten years of work in the field of child rights; 
 
1Subs. by the National Commission on the Rights of Child (Amendment) Act, 2022 (I of 2022), s. 2.
 
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(i) two children one boy and one girl not below the   Members 
 age of 15 years; and 
 
(j)     Secretary of the Commission.    Member ex-officio 
 
(3)    The Secretary shall act as secretary of the Commission as well. 
 
(4)    The Commission shall be a body corporate having perpetual succession and a 
common seal with powers, among others, to acquire, hold and dispose of any property, movable and 
immovable, and shall sue and be sued by its name.  
 
4.       Secretariat of the Commission.—(1) The secretariat of the Commission shall be at 
Islamabad.   
(2) The Commission may establish its offices at such other places as the Chairperson 
may determine, with approval of the 1[Division concerned]. 
 
 5.      Appointment of Chairperson and Members.—(1) The Chairperson and members, 
other than ex-officio members, shall be  appointed by  the 1[Prime Minister]  on such salary, 
allowances, privileges and other terms and conditions as may be prescribed. 
 
(2)    The salary, allowances, privileges and other terms and conditions under sub-section 
(1) of the Chairperson or any member, as the case may be, shall not be varied to their disadvantage 
after their appointment. 
 
 6.      Term of office of Chairperson and members. —(1) The Chairperson and every 
member, other than ex-officio members, shall hold office for a term of three years, extendable for a 
further term of three years, provided that Chairperson or a member, other than ex-officio member, 
shall not hold office for more than two terms. 
 
(2)    The Chairperson or a member may, at any time by writing under his hand addressed 
to the 1[Prime Minister], resign from his office. 
 
7.       Disqualification.—(1) A person shall be  disqualified for becoming or being the 
Chairperson or a member of the Commission, if such person— 
 
(a)     is an un-discharged insolvent or has been declared a bankrupt; or  
 
(b)    is of unsound mind or has physical infirmity to discharge his functions 
under this Act; or 
 
(c)     has been dismissed from public service of Pakistan on grounds of 
inefficiency, misconduct, fraud or corruption; or 
 
(d)    has been convicted of an offence of moral turpitude. 
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1Subs. by the National Commission on the Rights of Child (Amendment) Act, 2022 (I of 2022), ss. 3-5.
 
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8.       Removal from office.—(1) Subject to the provisions of sub-section (2), the 
Chairperson or a member may be removed from office on— 
 
(a)     the grounds of misconduct; 
 
(b)     any condition under section 7; or 
 
(c)    a resolution passed for such removal by fifty percent of the total members 
of the Commission. 
 
2.      No person shall be removed under sub-section (1) until— 
 
(a)   the reasons in writing for the removal have been communicated to the   
person concerned by the 1[Division concerned with approval with of the 
Prime Minister]; 
 
(b) he has been  given an opportunity of  submitting, against  the 
communication under clause (a), a reply in writing within seven days of 
receipt of the communication from  the 1[Division concerned with 
approval with of the Prime Minister]; and 
 
(c)    such person has been given an opportunity of being heard in person after 
submission of reply under clause (b). 
 
9.        Vacancy in office of the  Chairperson  or member. —If a vacancy occurs  in the 
office  of the Chairperson  or of any  member,  whether  by reason of  death, resignation or removal 
under section 8, such vacancy shall be filled within a  period of  sixty days by making a fresh 
appointment  in accordance with the provisions  of section 5 and the person so appointed shall hold 
office for the residual of the term of office of the Chairperson or member of whom  the vacancy has 
arisen. 
 
10.  Acting Chairperson.—Where at any time the Chairperson is unable to perform his 
functions due to any reason, the 1[Prime Minister] may appoint acting Chairperson for performance 
of functions under this Act till the vacancy is filled on regular basis under section 5: 
 
Provided that period of acting appointment shall not exceed four months. 
 
11.     Vacancy not to invalidate proceedings of Commission.—No act or proceedings of 
the Commission shall be invalid merely by reason of existing  of a vacancy in   or defe ct in 
constitution of, the Commission. 
 
12.  Procedure for transaction of business.—(1) The Commission shall meet regularly at 
such time as the Chairperson thinks fit, but at least once in every quarter. 
 
(2)    All decisions at a meeting shall be taken by majority: 
Provided that in the  case of equality of votes, the Chairperson or in his  absence the person 
presiding shall have and can exercise a second or casting vote. 
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1Subs. by the National Commission on the Rights of Child (Amendment) Act, 2022 (I of 2022), ss. 6-7.
 
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(3)     If for any reason, the Chairperson is unable to attend a meeting of the Commission, any 
member chosen by the members present from amongst themselves at the meeting shall preside. 
 
(4)    Quorum of the meeting shall not be less than fifty percent of its total membership at the 
time of such meeting: 
 
Provided that fifty percent of ex-officio members are also present. 
 
(5)    In the event  of a requisition signed and presented by one-fourth of the members, the 
Chairperson shall call a meeting of the Commission within seven days of such requisition, presented 
to the Chairperson. 
 
13.     Executive committee of the Commission.—(1) The Commission shall constitute an 
executive committee comprising the Chairperson, two members and Secretary of the Commission. 
 
(2)    The executive committee shall perform such functions as may be assigned to it by the 
Commission. 
 
14.     Secretary, officers  and other employees of  the Commission.—(1) The 1[Prime 
Minister] shall appoint Secretary of the Commission on such terms and  conditions as may be 
prescribed. 
 
(2)    The Secretary shall be responsible for proper administration of affairs  of t he 
Commission and its day-to-day management and shall exercise and discharge such other powers and 
perform such other functions as may be prescribed. 
 
(3)    The Commission may appoint consultants, researchers, experts, advisers, officers and 
other staff members on such terms and conditions and criteria as may be prescribed. 
 
 
CHAPTER III  
 
 
POWERS AND FUNCTIONS OF THE COMMISSION 
 
15.      Functions of the Commission.—The Commission shall   perform all or any of the 
following functions, namely:— 
 
( a)    examine existing or proposed legislations and administrative instruments 
and proposals  related to child rights and make such recommendations as it 
deems  appropriate; 
 
(b)    liaise with provincial commissions set up under provincial laws and other 
concerned provincial organizations; 
 
(c)     examine and review any law or policy or practice, for the time being in force, 
for protection of  child rights and recommend measures for their effective 
implementation; 
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1Subs. by the National Commission on the Rights of Child (Amendment) Act, 2022 (I of 2022), s. 8
 
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(d)     Present to the 1[Division concerned] and to 1[the departments concerned of]  
the provincial governments, as the case may be, reports upon working of such 
law or policy or practice specified under clause (c); 
 
(e)    inquire into violation of child rights and recommend to the relevant agency or 
department initiation of proceedings in such cases; 
 
(f)    examine all factors that inhibit enjoyment of rights of child, such as violence, 
abuse and exploitation, trafficking, torture, pornography and prostitution and 
recommend appropriate remedial measures; 
 
(g)      sponsor, steer, encourage research and maintain a database relating to children 
and their issues to provide knowledge and awareness   for national policy and 
strategic action for its remedy; 
 
(h)     spread awareness and promote dialogue on child rights among various sections 
of the society and promote  awareness of  the safeguards  available for  
protection of these rights; 
 
(i)      examine international instruments and undertake periodical review of existing 
policies and programmes on child rights and   make recommendations for their 
effective implementation in the best interest of children; 
 
(j)    advise the 1[Division concerned] to sign, ratify or accede to any such proposed 
international treaty, protocol, etc.; 
 
(k)    while inquiring into complaints of violations of child rights, may call for 
information or report from 1[the ministries, divisions, attached departments 
and subordinate offices of]  the Federal  Government, civil society  
organizations and autonomous or  concerned bodies  and in this regard the 
Commission shall have the powers vested in a civil court under the Code of 
Civil Procedure, 1908 (Act V of 1908), for enforcing the attendance of any 
person and compelling the production of documents; and 
 
(l)     undertake such other functions as assigned by the 1[Prime Minister or the 
Division concerned]  and as it may consider necessary for promotion and 
protection of child rights and any other matter incidental to the above 
functions. 
 
16.     Delegation of functions. —The Commission or the Chairperson may, by 
notification in the official Gazette, delegate its functions subject to such conditions as it 
or he may specify in this behalf to anybody or individual that is part of the Commission. 
 
17.    Annual re ports of the Commission.—(1) The Commission shall prepare an 
annual report on the situation of child rights in the country and performance of the 
Commission and submit it to the 1[Division concerned] which shall lay the report before 
each House of Majlis-e-Shoora (Parliament). 
 
(2)    The Commission may at any time submit special reports on any matter which, in its 
opinion, is of such urgency or importance that it should not be deferred till submission of 
the annual report. 
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1Subs. and ins. by the National Commission on the Rights of Child (Amendment) Act, 2022 (I of 2022), ss. 9-10. 
 
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(3)    The Commission shall assist the 1[Division concerned] in preparation of its 
periodic reports in accordance with international declarations, conventions, treaties, 
covenants and agreements relating to children and their rights. 
 
            
CHAPTER IV 
 
 
FUND, FINANCE, ACCOUNTS AND AUDIT 
 
18.    Fund.—(1) There shall be established by  the 1[Division concerned, in 
consultation with the Finance Division]  a fund to be known as the Child Rights Fund, 
which shall vest in the Commission and shall be used by the Commission to meet charges 
in connection with its functions under this Act. 
 
(2)    The sources of the Fund, amongst other moneys, may be the following, 
namely: — 
 
 
(a)    such fund as the Federal Government shall allocate each year as a non -
lapsable grant in annual budget of the Fund; 
 
(b)    such voluntary donations, contributions or subscriptions as may be made 
by Provincial Governments; 
 
(c)     donations, If any, made by private individuals, national and international 
natural and   juristic persons; 
 
(d)     income from investment by the Commission as may be prescribed; and 
 
(e)    all other sums or properties or assets which may in any manner become 
payable to or vest in the Commission in respect of any matter. 
 
(3)    The Commission shall, while performing its functions and exercising its powers 
under this Act, ensure highest sense of prudence in respect of expenditures incurred from 
the Fund. 
 
(4)  The Fund shall be expended for the purposes of— 
 
(a)     performing functions of the Commission; 
 
 
(b)  establishment charges of  Chairperson and members, including  
consultants, researchers , experts, advisers, officers and  other staff  
members, legal and other fees and costs; and 
 
(c)     such other activities which fall within purview of the Commission. 
 
(5)     The Commission may in vest money from the Fund in accordance with 
instructions of the 1[Finance Division]. 
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1Subs. by the National Commission on the Rights of Child (Amendment) Act, 2022 (I of 2022), ss. 10-11.
 
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19.    Accounts and audit of Commission.—(1) The Commission shall  maintain proper 
accounts and other relevant records and prepare an annual statement of accounts in such form as 
may be prescribed by the Federal Government. 
 
(2)    The Chairperson   shall be the Principal Accounting Officer of the Commission and the 
accounts of the Commission shall be audited by the Auditor -General at such intervals as may be 
specified by him. 
 
(3)    The accounts of the Commission, as certified by the Auditor-General or any other 
person appointed in his behalf, together with the audit report thereon shall be forwarded annually to 
the 1[Division concerned] by the Commission and the 1[Division concerned] shall cause the audit 
report to be laid, as soon as may be after it is received, before each House of the Parliament. 
 
 
CHAPTER V 
 
MISCELLANEOUS 
 
20.     Power of the Federal Government to issue directives.—The 1[Prime Minister] may, 
as and when it considers necessary, issue  directives to the Commission on matters of  policy and 
such directives shall be binding on the Commission and if a question arises as to whether any matter 
is a matter of policy or not, the decision of the 1[Prime Minister] thereon shall be final. 
 
21.     Returns or information.—The Commission shall furnish to the 1[Division concerned] 
such returns or other information with respect to its activities as the  1[Division concerned] may, 
from time to time, require. 
 
22.    Power to make rules.—Within six months of the commencement of this Act, the 
Federal Government may, in consultation with the Commission and by notification in the official 
Gazette,  make rules to carry out purposes of this Act. 
 
23.    Power to remove difficulties and doubts.—If any difficulty or doubt arises in giving 
effect to the provision of this Act, the Federal Government may, by order in writing published in the 
official Gazette, make such provision as may appear to it to be necessary for removing the difficulty 
or doubt: 
 
Provided that no order shall be made under the section after expiry of a period of three years 
from commencement of this Act. 
 
 
 
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1Subs. by the National Commission on the Rights of Child (Amendment) Act, 2022 (I of 2022), ss. 12-14.