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Report No. 263

6. Functions of Central Authority.

The Central Authority or any other officer authorized by the Central Authority in this behalf, shall take all appropriate measures while performing all or any of the following functions, namely-

(a) to discover the whereabouts of a child who has been wrongfully removed to, or retained in, India, or outside India, and in case where the child's place of residence in India is not known, the Central Authority may obtain the assistance of the police to locate the child;

(b) to prevent further harm to any such child or prejudice to any other interested parties, by taking or causing to be taken, such measures as may be considered necessary;

(c) to secure the voluntary return of any such child to the country in which the child had his or her habitual residence, or to bring about an amicable resolution of the differences between the person claiming that such child has been wrongfully removed to, or retained in, India, and the person opposing the return of such child to the contracting State in which the child has his or her habitual residence;

(d) to exchange, where desirable, information relating to any such child, with the appropriate authorities of a contracting State.

(e) to provide, on request, information of a general character, as to the law of India in connection with the implementation of the Convention in any contracting State;

(f) to institute judicial proceedings with a view to secure the return of any such child to the contracting State in which that child has his or her habitual residence, and in appropriate cases, to make arrangements for instituting judicial proceedings for securing the effective exercise of rights of access to a child who is in India;

(g) where circumstances so require, to facilitate providing legal aid or advice;

(h) to make such administrative arrangements as may be necessary and appropriate to secure the safe return of any such child to the contracting State in which the child has his or her habitual residence;

(i) such other functions as may be necessary to ensure the discharge of India's obligations under the Convention.



Protection of Children (Inter-Country Removal and Retention) Bill, 2016 Back




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