Section 46 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
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Chapter IX: Miscellaneous
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Section 46
Original Text
46. Power to remove difficulties.
(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.
Visual Summary
Authority
The Central Government holds the power to issue orders under this section.
Purpose
To remove difficulties encountered while implementing the Act’s provisions.
Time Limit
This power expired two years after the Act’s commencement (Sunset Clause).
Oversight
All orders must be laid before both Houses of Parliament for scrutiny.
Summary
Section 46 acts as a troubleshooting mechanism for the initial phase of the POCSO Act. When a new law is introduced, unforeseen practical problems often arise during its implementation. This section empowers the Central Government to solve these problems quickly without needing to go through the lengthy process of passing a formal amendment in Parliament.
However, this power is not unlimited. The government cannot make rules that contradict the core Act, and they only had a window of two years from the date the Act started (November 14, 2012) to use this power. Additionally, to ensure democracy is respected, any order made under this section had to be shown to Parliament.
Key Takeaways
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Executive Power: The Central Government is the sole authority empowered to issue orders to remove difficulties. -
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Consistency Requirement: Any order issued must not be inconsistent with the existing provisions of the POCSO Act. -
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Sunset Clause: This power was temporary and expired two years after the commencement of the Act (i.e., expired in Nov 2014). -
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Parliamentary Control: Every order must be laid before both the Lok Sabha and Rajya Sabha.
Process Flowchart
Practice Questions
1. Who has the authority to issue orders to remove difficulties under Section 46?
Show Answer
Correct Answer: The Central Government. Section 46(1) explicitly empowers the Central Government to make such provisions.
2. What is the time limit for exercising the power under Section 46?
Show Answer
Correct Answer: Two years from commencement. The proviso to Section 46(1) states that no order shall be made after the expiry of two years from the commencement of the Act.
3. Where must an order made under Section 46 be laid?
Show Answer
Correct Answer: Before each House of Parliament. Section 46(2) mandates that every order must be laid before both Houses as soon as may be after it is made.
Related Provisions
Conclusion
Section 46 serves as a vital administrative safety valve for the POCSO Act. By allowing the Central Government to address unforeseen implementation hurdles within the first two years, it ensured that the Act could function effectively immediately after its enactment. While this power is now time-barred, it remains a crucial part of the Act’s legislative history, demonstrating the foresight to allow for flexible problem-solving during the initial rollout of this comprehensive child protection law.