POCSO Act Section 46 — Power to remove difficulties

Summary

Sub-section (1) allows the Central Government to issue orders, published in the Official Gazette, to resolve any difficulty that arises in implementing this Act. Such orders must not conflict with the provisions of this Act, and the government may make whatever arrangements it considers necessary or appropriate for removing the difficulty. However, no such order can be made after two years from the date this Act came into force.

Sub-section (2) requires that every order made under this section be placed before each House of Parliament as soon as possible after it is issued.

The Schedule, which is linked to section 2(c), lists the armed forces and security forces covered by this Act. These include: (a) forces under the Air Force Act, 1950; (b) forces under the Army Act, 1950; (c) the Assam Rifles under the Assam Rifles Act, 2006; (d) the Bombay Home Guard under the Bombay Home Guard Act, 1947; (e) the Border Security Force under the Border Security Force Act, 1968; (f) the Central Industrial Security Force under the Central Industrial Security Force Act, 1968; (g) the Central Reserve Police Force under the Central Reserve Police Force Act, 1949; (h) the Coast Guard under the Coast Guard Act, 1978; (i) the Delhi Special Police Establishment under the Delhi Special Police Establishment Act, 1946; (j) the Indo-Tibetan Border Police Force under the Indo-Tibetan Border Police Force Act, 1992; (k) the Navy under the Navy Act, 1957; (l) the National Investigation Agency under the National Investigation Agency Act, 2008; (m) the National Security Guard under the National Security Guard Act, 1986; (n) the Railway Protection Force under the Railway Protection Force Act, 1957; (o) the Sashastra Seema Bal under the Sashastra Seema Bal Act, 2007; (p) the Special Protection Group under the Special Protection Group Act, 1988; (q) the Territorial Army under the Territorial Army Act, 1948; and (r) State police forces, including armed constabulary, constituted under State laws to aid the civil powers of the State and empowered to use force during internal disturbances or otherwise, including armed forces as defined in clause (a) of section 2 of the Armed Forces (Special Powers) Act, 1958.

Official Text

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removal of the difficulty:

Provided that no order shall be made under this section after the expiry of the period of two years from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. THE SCHEDULE See section 2(c) ARMED FORCES AND SECURITY FORCES CONSTITUTED UNDER

(a) The Air Force Act, 1950 (45 of 1950);

(b) The Army Act, 1950 (46 of 1950);

(c) The Assam Rifles Act, 2006 (47 of 2006);

(d) The Bombay Home Guard Act, 1947 (3 of 1947);

(e) The Border Security Force Act, 1968 (47 of 1968);

(f) The Central Industrial Security Force Act, 1968 (50 of 1968);

(g) The Central Reserve Police Force Act, 1949 (66 of 1949);

(h) The Coast Guard Act, 1978 (30 of 1978);

(i) The Delhi Special Police Establishment Act, 1946 (25 of 1946);

(j) The Indo-Tibetan Border Police Force Act, 1992 (35 of 1992);

(k) The Navy Act, 1957 (62 of 1957);

(l) The National Investigation Agency Act, 2008 (34 of 2008);

(m) The National Security Guard Act, 1986 (47 of 1986);

(n) The Railway Protection Force Act, 1957 (23 of 1957);

(o) The Sashastra Seema Bal Act, 2007 (53 of 2007);

(p) The Special Protection Group Act, 1988 (34 of 1988);

(q) The Territorial Army Act, 1948 (56 of 1948);

(r) The State police forces (including armed constabulary) constituted under the State laws to aid the civil powers of the State and empowered to employ force during internal disturbances or otherwise including armed forces as defined in clause (a) of section 2 of the Armed Forces (Special Powers) Act, 1958 (28 of 1958). ____________

Sections referred to

• POCSO Act §2 — Definitions

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