LEGAL MANDATE OF CENTRAL CHILDREN WELFARE
BOARD (CCWB)
Children's Act, 2048 (1992)
Provisions relating to the protection of the Child and relating to the Guardian
ARTICLE 21: Looking after an orphan and custody of hi s property
(1) If the Children Welfare Officer or the Chief District Officer is informed of the fact
that a Child does not have any relative of the same home to look after the Child, the
Children Welfare Officer or the Chief District Officer, as the case may be, shall make
necessary arrangement for upbringing and maintenance of the Child. In doing so, the
Child shall be, as far as practicable, given to the custody of the nearest relative o f the
Child. In case of non availability of such a relative, the Child may be given to any person
or organization willing to take the custody for his maintenance and upbringing. In case of
non-availability o f any relative, person or organization willing to take the Child for his
maintenance and upbringing, the Child shall be referred to the nearest Children Welfare
Home.
(2) In cases where the Child referred to in sub-section (1) has any property, the Children
Welfare Officer or the Chief District Officer shall prepare a statement thereof in the
presence of at least two local witnesses and shall keep one copy thereof in his office and
the other one shall be given to the person or organization responsible for upbringing and
maintenance of the Child.
(3) The statement of property prepared under sub-section.(2) and the property mentioned
therein shall be given to the custody of the person, organization or the Children's Welfare
Home responsible for upbringing and maintenance of the Child and such person,
organization or the Children's Welfare Home shall certify in writing the taking of the
custody. Pending the custody of the property of the Child, the responsibility of taking
care of or of protecting the property shall lie with the Children Welfare Officer, and if he
is not available, with the Chief District Officer.
ARTICLE 32: Constitution of Central and District Children Welfare
Board
(1) Government of Nepal shall, by publishing a notification in the Nepal Gazette,
constitute a Central Children Welfare Board consisting of twenty one member s at the
maximum including the member s from amongst the social workers, woman social
worker s, medical practitioners, Child psychologist s and teachers. The Name of the
chairperson and members o f the Central Children's Welfare Board shall be as prescribed
in the same notice. The Board shall work subject to the policy and directives of
Government of Nepal.
(2) A District Child Welfare Board shall be constituted in each District under the
convener ship o f the Chief District Officer.
In the District Children Welfare Board, there shall be the persons,16 inter alia, as
appointed by the Chief District Officer specially from amongst the following persons: (a) Persons involved in social service,
(b) Social worker s involved in works relating to rights and interests o f children,
(c) Women social workers,
(d) Medical practitioners,
(e) Child psychologists,
(f) Teachers.
(3) The tenure of the officials of the Central Children Welfare Board and District
Children Welfare Board shall be of four year s and they may be eligible for
reappointment.
(4) The chairperson of the District Children Welfare Board shall be the person prescribed
by the member s o f District Children Welfare Board from amongst themselves and until
such
Chairperson is appointed; the Chief District Officer himself shall act as the chairperson of
the Board.
(5) Each District Children Welfare Board shall have to Submit an annual report relating
to children welfare activities conducted in the district level to the Central Children
Welfare Board within the month of Baisakh (April 15 to May 15 A.D.). The Central
Children Welfare Board shall prepare a nation-wide report relating to the Children on the
basis o f the annual reports received from the District Children Welfare Board and submit
it to Government of Nepal in each year within the month of Ashad (June15 to July 15).
(6) Functions, duties, powers and procedures of the Central
Children Welfare Board and the District Children Welfare Board,other than those
referred to in the Act, shall be as prescribed.
ARTICLE 44: Inspection of Children's Welfare Home, Juvenile Reform
Home, Orphanage etc
(1) The Central Children Welfare Board may inspect or cause to inspect all Children's
Welfare Home orphanages or centers established within the Kingdom o f Nepal at any
time and the District Children Welfare Board or Children
Welfare Officer may inspector cause to inspect the Children's Welfare Homes,
orphanages or centers within their own area at any time.
(2) The Children Welfare Officer shall inspect the Children's Welfare Homes, orphanages
or center s at least twice a year within his area and while carrying out such inspection, in
case it is found that any act to be done pursuant to this Act and the Rules made there
under is not done or any act is committed in Contravention to the existing law, he shall
have to send its report to the District Children Welfare Board.
(3) The Children Welfare Board of Children Welfare Officer may issue directives to
regularize irregularities found in the Children's Welfare Home, Juvenile Reform Home,
Orphanages or such other centers and it shall be the main duty of the Chief of the
Children's Welfare Home, Juvenile Reform Home, Orphanages or centers to follow such
directives.
The Children's Rules, 2051 (1995)
3. Functions, Duties and Powers of Central Children Welfare Committee:
In addition to the functions, duties and powers referred to in the Act, other functions,
duties and powers of the Central Children Welfare Committee shall be followed as:(a) To formulate long term national policies and plans relating to protection of rights and
interests of children and their physical and mental development also on the basis of
Guidelines issued by the body formed by Government of Nepal relating to Children
Welfare and to submit to Government of Nepal and to implement or cause to implement
policies and plans approved by Government of Nepal through the concerned ministry or
agency;
(b) To pass annual programme and budget as per approved national policies and plans
and to implement or cause to implement them;
(c) To formulate policies and programmes in order to mobilize necessary re source for
plans and programmes relating g to children's welfare;
(d) To guide District Children Welfare Committee and Management Committees;
(e) To review and evaluate progress o f annual programmes of District Children Welfare
Committees;
(f) To collect data and keep record of capacity, facilities and so on of Children's Welfare
Home s, Juvenile Reform Homes, Orphanage and Centers for Mentally Retarded Persons
and other similar Homes or Centers being in operation within of Nepal.
(g) To encourage and co operate any person or institution to establish Children's Welfare
Home Orphanage and Centers for mentally retarded persons in various districts having
obtained recommendation of District Children Welfare Committee as may be necessary;
(h) To collect separate data of children in jail, abandoned children or child laborers,
incapacitated and mentally retarded children in each district and to cause to keep their
records in each District Children Welfare Committee and to prepare a national data
record;
(I ) To identify measure s necessary for eliminating child labor, child marriage and
practices o f offering children in the name of Gods, and to encourage and cooperate the
concerned governmental and non-governmental organizations to follow those measures;
(j) Subject to prevailing laws to launch or cause to launch programmes relating to
protection and development of children with participation of national and international
non-governmental organizations and with approval of Government of Nepal to encourage
and cooperate foreign governments and international organizations and associations to
launch or cause to launch such programmes;
(k) To publicize provisions o f the United Nations Convention on Rights of Child and
other international and regional conventions, declarations relating to protection of right s
and interests o f children ratified by Government of Nepal and provisions o f prevailing
laws on right s and interest s of children and
(l) To carry out other activities that may be necessary for protection of rights, interests
and physical and mental development of children.
9. Functions, Duties and Powers of District Children Welfare Committee:
In addition to functions, duties, and power s conferred by the Act, other functions, duties
and powers o f District Children Welfare Committee shall be as follows: (a) To formulate district level long term policies and plans relating to protection of rights
and interests of children and their physical and mental development and to forward them
to Central Children's Welfare Committee; (b) To formulate annual programmes and
budget a s per approved policies and plans and to implement or cause to implement them;
(b) To formulate annual programmes and budget a s per approved policies and plans and
to implement or cause to implement them;
(c) To look for resource s necessary for operation of annual programmes and to mobilize
available resources;
(d) To collect data of abandoned children or children engaged as laborers and
incapacitated and mentally retarded children in the district and to keep its updated record
and to send one copy thereof to the Central Children's Welfare Committee;
(e) To collect data of child laborer, children having marriage and children offered to
gods, if any, in the district and to keep its updated record and to send one copy thereof to
the Central Children's Welfare Committee;
(f) To collect suggest ions to eliminate evil practices referred to in clause (e) having
organized conferences at district level involving social worker s and dignitaries and to
encourage and cooperate social workers and non-governmental organizations in
eliminating such evil practices;
(g) To collect data of capacity and facilities of Children's Welfare Home, Juvenile
Reform Homes, Orphanage and Centers for Mentally Retarded Persons or the like other
homes in the district and to keep their updated record and to forward one copy thereof to
Central Children's Welfare Committee.
(h) To launch child welfare activities relating to protection of rights and interests of
children and their physical fundamental development in various parts o f the district with
peoples participation or participation of governmental and non-governmental
organizations and to cooperate social workers, governmental and non-governmental
organizations to carry out such activities; and
(i) To give necessary directives and suggestions to Management Committee and incharges and administrators to instruct or cause to instruct Child Welfare Homes, Juvenile
Reform Homes, orphanages and Centers for Mentally Retarded Persons.
Child policy 2069
It is related with the promotion and protection of children and also for the purpose of
safeguarding their rights. The nation has adopted such policy viewing the need of sate
because it is well known fact that children of today are the future of tomorrow’s world.
Nepal has ratified many national and international laws regarding children, with that the
rights of children are also given in the fundamental law of land i.e. constitution. The
policy has expected to bring uniform changes in prevailing laws and well functioning of
the agencies and organization.
For the protection and promotion of children there are several laws and numerous
organizations that are established by the government. Loads of non government
organizations are also working on it. In the area of child rights and child protection
CCWB is responsible .CCWB is a focal point under which, 75 districts of Nepal would
be monitored by this institution.
There are five major objectives/aims that this policy holds:
1.1. To protect the children from all forms of needs sexual violence, inhuman treatment,
and exploitation.
1.2. To provide necessary assistance before the birth and after the birth like proper
nutrition, appropriate
care, education and helping children to be proficient in
educational sector with physical and mental development.
1.3. Giving platform to express their view and participate where they are able to.
1.4. To end prejudice to children.
1.5. The justice system should be well-built.
Under these objectives there are various strategic plans through which such objectives
can be obtained. CCWB has its own rights and duties as well as powers and functional
workings which have been delegated by various Acts and bylaws. Therefore to obtain
such goal CCWB can utilize its power and carry out the strategic plans that the policy has
under taken.
1o.Organization management and capability development:
For the development of CCWB from the national level to the local level, it shall be
provided with additional members such as Persons involved in social service, Social
workers involved in works relating to rights and interests o f children, Women social
workers, Medical practitioners, Child psychologists, Teachers which would be a immense
help to the institution and along with this a council would be formed which comprises
children right expert. District Children Welfare Committee shall have strong
infrastructure as well as ample human resources.
11. Implementation of Strategy
CCWB along with other institution related with women and children, district children
welfare committee, other ministries (national and international) shall work together for
the implementation of the strategy that has been adopted for the betterment of the
children.
12. Examine and Evaluation
CCWB shall evaluate and foresee the issues relating with children rights with the help of
the committee established within district and local level.
14 .Strategy re-formulation and progressive change
In every five year the strategy regarding children shall be examined and improved
accordingly.
Never the less the Government of Nepal shall, by publishing a notification in the Nepal
Gazette, constitute a Central Children Welfare Board consisting of twenty one members
at the maximum including the members from amongst the social workers, woman social
worker s, medical practitioners, Child psychologist s and teachers. The institution shall be
provided with proficient human resources and infrastructure. likewise , Subject to
prevailing laws to launch or cause to launch programmes relating to protection and
development of children with participation of national and international nongovernmental organizations and with approval of Government of Nepal to encourage and
cooperate foreign governments and international organizations and associations to launch
or cause to launch such programmes; To review and evaluate progress of annual
programmes that are concerned with children which are produced by District Children
Welfare Committee, local level governments. With that CCWB will also be working on
the helpline regarding children (CPMIS) for the protection of the child from any form of
violence, abuses, child labor, Child domestic workers issues, and corporal punishments.