THE

JHARKHAND GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

25 FALGUN, 1942 (S)

RANCHI, TUESDAY, 16^THMARCH, 2021

DEPARTMENT OF LABOUR, EMPLOYMENT, TRAINING AND SKILL

DEVELOPMENT

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NOTIFICATION

10^THMARCH, 2021

S.O. No- 25-- No.-02/shrma. Ka.Ba. Shra.(Niyam-Sansho.)-01/2018 L&E/ 361-- In exercise of

the power conferred by section 18 of the Child and Adolescent Labour (Prohibition and Regulation)

Act, 1986 (61 of 1986) the Department of Labour, Employment & Training, Government of

Jharkhand invited objections and suggestions from all persons likely to be affected thereby before the

expiry of the period of thirty days, to the proposed Rules to amend the Bihar Child Labour

(Prohibition and Regulation) Rules, 1995 vide Notification No.-1354 dated-10.07.2018. And whereas

no objections and suggestions received from the public on the said draft rules.

Now, therefore, in exercise of the powers conferred by Section 18 of the child and

Adolescent Labour(Prohibition and Regulation) Act 1986 (61 of 1986), the Government of

Jharkhand hereby makes the following rules to amend the Bihar child Labour (Prohibition and

Regulation) Rules, 1995, namely:-

1. (1) these rules may be called the Jharkhand Child Labour (Prohibition and Regulation)

Amendment Rules, 2018.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Bihar Child Labour (Prohibition and Regulation) Rules, 1995 (here in after referred to as

the principal rules), in sub-rule (1) of rule 1, for the words “Bihar Child Labour, (Prohibition

and Regulation) Rules, 1995" the words Jharkhand Child & Adolescent Labour (Prohibition and

Regulation) Rules, 2018 shall be substituted.

No. 192

Jharkhand Gazette (Extraordinary), Friday, 29^thJanuary, 2021

3. In rule 2 of the principal rules, --

(i) for clauses (a) and (b), the following clauses shall be substituted, namely:-

(a) Act means the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (61 of

1986);

(b) Committee means the Child and Adolescent LabourTechnical Advisory Committee

constituted under sub-section (1) of section 5 of the Act;

(ii) After clause (d), the following clauses shall be inserted, namely:-

(da) Fund means the Child and Adolescent Rehabilitation Fund constituted under sub -

section (1) of section 14B of the Act;

(db) Inspector means the Inspector appointed by the State Government under section 17;

(dc) Municipality means an institution of self-Government constituted under Article

243Q of the Constitution;

(iii) after clause (e), the following clause shall be inserted, namely:-

(ea) Panchayat means a Panchayat constituted under Article 243B of the Constitution;

(iv) after clause (g), the following clause shall be inserted, namely:-

(h) words and expressions used in these rules, but not defined therein and defined in the

Act, shall have the meanings as assigned to them in the Act.

4. After rule 2 of the principal rules, the following rules shall be inserted, namely:-

2A. Awareness on prohibition of employment of child and adolescents in contravention to

Act.- The State Government, to ensure that the children and adolescents are not employed or

permitted to work in any occupation or process in contravention to the provisions of the Act,

through appropriate measures, shall –

(a) arrange public awareness campaigns using folk and traditional media and mass media

including television, radio, internet based application and the print media to make the

general public, including the employers and the children and adolescents who may be

employed in contravention to the provisions of the Act, aware about the provisions of the

Act, and thereby discourage employers or other persons from engaging children and

adolescents in any occupation or process in contravention of the provisions of the Act;

(b) promote reporting of enterprises or instances of employment of children or adolescents in

contravention to the provisions of the Act, by developing and advertising easily accessible

means of communication to authorities specified by the State Government;

information relating thereto in railway coaches, at railway stations, major bus stations, toll

plazas, ports and port authorities, airports and other public places including shopping

centers, markets, cinema halls, hotels, hospitals, Panchayat offices, police stations, resident

welfare association offices, industrial areas, schools, educational institutions, court

complexes, and offices of all authorities authorised under the Act;

(d) Promote through appropriate method the inclusion of the provisions of the Act in learning

material and syllabus in school education; and

(e) Promote inclusion of training and sensitization material on the provisions of the Act and

the responsibilities of various stakeholders thereto, in State Labour Services, police,

judicial and civil service academies, teachers training and refresher courses and arrange

Jharkhand Gazette (Extraordinary), Friday, 29^thJanuary, 2021

sensitisation programmes for other relevant stakeholders including, Panchayat members,

doctors and concerned officials of the Government.

2B. Child to help his family without affecting education.- (1) Subject to the provisions of

section 3, a child may, without affecting his school education, in any manner, –

(a) help his family in his family enterprise, subject to the condition that such help, --

(i)

shall not be in any hazardous occupation or process listed in part A and part B of the

Schedule to the Act;

(ii) shall not include work or occupation or process at any stage of the manufacturing,

production, supply or retail chain that is remunerative for the child or his family or the

family enterprise;

(iii) shall only be allowed to help in his family, or in a family enterprise, where his family is

the occupier;

(iv) shall not perform any tasks during school hours and between 7 p.m. and 8 a.m.;

(v) shall not be engaged in such tasks of helping which hinders or interferes with the

right to education of the child, or his attendance in the school, or which may

adversely affect his education including activities which are inseparably associated

to complete education such as homework or any extra- curricular activity assigned to

him by the school;

(vi) shall not be engaged in any task continuously without rest which may make him

tired and shall be allowed to take rest to refresh his health and mind, and a child

shall not help for more than three hours excluding the period of rest in a day;

(vii) shall not include in anyway substitution of the child for an adult or adolescent while

helping his family or family enterprise; and

(viii) shall not be in contravention to any other law for the time being in force;

(b) aid or assist his family in such manner which is not incidental to any occupation, work,

profession, manufacture or business, or for any payment or benefit to the child or any

other person exercising control over the child, and which is not detrimental to the growth,

education and overall development of the child.

Explanation 1.- For the purposes of this rule, only –

(a) biological brother and sister of the child;

(b) brother or sister of the child through lawful adoption by parents of the child; and

family of a child.

Explanation 2.- For the purposes of Explanation 1, it is hereby clarified that preliminarily, any

doubt as to whether a person is a biological brother or sister, may be removed by examining the

pedigree of such person issued by the concerned Municipality or Panchayat, as the case may be, or

any other legal document issued by concerned authority of the State Government.

(2) Where a child receiving education in a school remains absent consecutively for thirty days

without intimation to the Principal or Head Master of the school, then, the Principal or Head

Master shall report such absence to the concerned nodal officer referred to in clause (i) of sub-rule

Jharkhand Gazette (Extraordinary), Friday, 29^thJanuary, 2021

(1) of rule 17C for information.

2C. Child to work as an artist.- (1) Subject to the provisions of section 3, a child may be

allowed to work as an artist subject to the following conditions, namely: –

(a) No child shall be allowed to work for more than five hours in a day, and for not more

than three hours without rest;

(b) any producer of any audio –visual media production or any commercial event

involving the participation of a child, shall involve a child in participation only after

obtaining the permission from the District Magistrate of the district where the activity

is to be performed, and shall furnish to the District Magistrate before starting the activity

an undertaking in Form C and the list of child participants, consent of parents or

guardian, as the case may be, name of the individual from the production or event who

shall be responsible for the safety and security of the child, and ensure that all

screening of his films and television programmes shall be made with a disclaimer

specifying that if any child has been engaged in the shooting, then, all the measures

were taken to ensure that there has been no abuse, neglect or exploitation of such child

during the entire process of the shooting;

state the provisions for education, safety, security and reporting of child abuse in

consonance with the guidelines and protection policies issued by the State Government

from time to time for such purpose including –

(i) ensuring facilities for physical and mental health of the child;

(ii) timely nutritional diet of the child;

(iii) safe, clean shelter with sufficient provisions for daily necessities; and

(iv) compliance to all laws applicable for the time being in force for the

protection of children, including their right to education, care and protection,

and against sexual offences;

(d) appropriate facilities for education of the child to be arranged so as to ensure that there is

no discontinuity from his lessons in school and no child shall be allowed to work

consecutively for more than twenty-seven days;

(e) one responsible person be appointed for maximum of five children for the production or

event, so as to ensure the protection, care and best interest of the child;

(f) at least twenty per cent, of the income earned by the child from the production or event to be

directly deposited in a fixed deposit account in a nationalized bank in the name of the child

which may be credited to the child on attaining majority; and

(g) no child shall be made to participate in any audio visual and sports activity including

informal entertainment activity against his will and consent.

(2) For the purposes of clause (c) to the Explanation to sub-section (2) of section 3, the

expression ―such other activity contained therein, shall mean –

(i) any activity where the child himself is participating in a sports competition or event or

training for such sports competition or event;

(ii) cinema and documentary shows on television including reality shows, quiz shows, talent

shows; radio and any programme in or any other media;

(iii) drama serials;

(iv) Participation as anchor of a show or events; and

(v) any other artistic performances which the State Government permits in individual

cases, which shall not include street performance for monetary gain.‘.

Jharkhand Gazette (Extraordinary), Friday, 29^thJanuary, 2021

5. In rule 16 of the principal rules, in sub-rule (1), for the word ―children, the word adolescents

shall be substituted.

6. After rule 16 of the principal rules, the following rule shall be inserted, namely:-

16A. Payment of amount to child or adolescent from and out of Child and Adolescent

Labour Rehabilitation Fund: - (1) The amount collected under sub-section (1) and (2) shall

be credited, deposited or invested, as the case may be, under sub-section (3) of section 14B to

the Child and Adolescent Labour Rehabilitation Fund and the interest accrued on it, shall be

paid to the child or adolescent in whose favour such amount is credited in the following

manner, namely:-

(i)

the Inspector or the nodal officer having jurisdiction shall, under his supervision,

ensure that an account of such child or adolescent is opened in a nationalized bank

and inform the bank in which the amount of the Fund i s deposited or, as the case

may be, to the officer responsible to invest the amount of the Fund under sub -section

(3) of section 14B;

(ii) the interest accrued on the proportionate amount of the Fund in favour of the child

or adolescent shall be transferred every six months to the account of the child or

adolescent, as the case may be, by the bank or officer responsible to invest the amount

under information to the Inspector;

(iii) when the concerned child or adolescent completes the age of eighteen years, then, as

soon as may be possible forthwith or within a period of three months, the total

amount credited, deposited or invested in favour of the child along with interest

accrued thereon remaining in the bank or remaining so invested under sub -section (3)

of section 14B, shall be transferred to the said bank account of child or adolescent, as

the case may be; and

(iv) the Inspector shall prepare a report of the amount transferred under clause (ii) and

clause (iii) with particulars of the concerned child or adolescent sufficient to identify

him and send a copy of the report annually to the State Government for information.

(2) Any amount recovered by way of fine or for composition of offences in pursuance of an

order or judgement of a Court in favour of a child or adolescent for the contravention of the

provisions of the Act, shall also be deposited in the Fund and shall be spent in accordance

with such order or judgement.

7. In rule 17 of the principal rules following shall be amended:-

In sub rule (1) of Rule 17 the word children shall be substituted by the word

‘adolescents’.

ii.

In sub rule (3) of Rule 17 the word child shall be substituted by the word ‘adolescent’.

iii.

In sub rule (4) of Rule 17 the word children shall be substituted by the word

‘adolescents’.

iv.

In sub rule (5) of Rule 17 the word children shall be substituted by the word

‘adolescents’.

In subs rule (6) of Rule 17 the word children shall be substituted by the word

‘adolescents’.

vi.

In sub rule (7) of Rule 17 the word children shall be substituted by the word

‘adolescents’.

vii.

In sub rule (8) of Rule 17 the word children shall be substituted by the word

‘adolescents’.

Jharkhand Gazette (Extraordinary), Friday, 29^thJanuary, 2021

viii.

In sub rule (9) of Rule 17 the word children shall be substituted by the word

‘adolescents’.

ix.

In sub rule (10) of Rule 17 the word child shall be substituted by the word ‘adolescent’.

In sub rule (11) of Rule 17 the word child shall be substituted by the word ‘adolescent’.

xi.

In sub rule (12) of Rule 17 the word children and Child shall be substituted by the word

‘adolescents’ and 'adolescent'.

xii.

In sub rule (13) of Rule 17 the word children and Child shall be substituted by the word

‘adolescents’ and adolescent.

xiii.

In sub rule (14) of Rule 17 the word child shall be substituted by the word ‘adolescent’.

xiv.

In sub rule (15) of Rule 17 the word children shall be substituted by the word

‘adolescents’.

xv.

In sub rule (16) of rule 17 the word children shall be substituted by the word

‘adolescents’.

xvi.

In Clasuse (b) and (c) of subrule (16) of rule 17 the word 'child' shall be substituted by

the word adolescent.

xvii.

In sub rule (17) of Rule 17 the word 'child' shall be substituted by the word

‘adolescent’.

xviii.

In sub rule (18) of Rule 17 the word child shall be substituted by the word ‘adolescent’.

xix.

In sub rule (19) of Rule 17 the word child shall be substituted by the word ‘adolescent’.

xx.

In sub rule (20) of Rule 17 the word child shall be substituted by the word ‘adolescent’.

xxi.

In sub rule (22) of Rule 17 for the word child shall be substituted by the word

‘adolescent’.

xxii.

In clause (a) and (b) of sub rule (23) of Rule 17 for the word child shall be substituted

by the word ‘adolescent’.

xxiii.

In sub rule (24) of Rule 17 for the word –children /child the word –

adolescents/adolescent shall be substituted.

8. In rule 18 of the principal rules following shall be amended:-

(i) In sub rule (1) of Rule 18 the word child shall be substituted by the word "adolescent"

(ii) In sub rule (2) of Rule 18 the word child shall be substituted by the word "adolescent"

(iii) In sub rule (3) of Rule 18 the word child shall be substituted by the word

"adolescent"

(iv) In sub rule (4) of Rule 18 the word child shall be substituted by the word

"adolescent"

(v) In sub rule (5) of Rule 18 the word child shall be substituted by the word "adolescent"

(vi) In sub rule (6) of Rule 18 the word child shall be substituted by the word "adolescent"

9. For rule 19 of the principal rules, the following rule shall be substituted, namely:-

19. Certificate of age: - (1) Where an Inspector has an apprehension that any adolescent has been

employed in any of the occupation or processes in which he is prohibited to be employed under

section 3A of the Act, he may require the employer of such adolescent to produce to the Inspector

a certificate of age in form-B from the appropriate medical authority.

(2) The appropriate medical authority shall, while examining an adolescent for issuing the

certificate of age under sub - rule (1), take into account –

(i)

the Aadhar card of the adolescent, and in the absence thereof;

(ii) the date of birth certificate from school or the matriculation or equivalent certificate

Jharkhand Gazette (Extraordinary), Friday, 29^thJanuary, 2021

from the concerned examination Board of the adolescent, if available, and in the absence

thereof;

(iii) the birth certificate of the adolescent given by a corporation or a municipal authority or a

Panchayat; and only in the absence of any of the methods specified in clauses (i) to (iii),

the age shall be determined by such medical authority through an ossification test or any

other latest medical age determination test.

(3) The ossification test or any other latest medical age determination test shall be conducted on

the order of the appropriate authority of the rank of Labour Superintendent, as may be

specified by the State Government in this behalf, and such determination shall be completed

within fifteen days from the date of such order.

(4) The certificate of age referred to in sub-rule (1) shall be issued in Form B.

(5) The charges payable to the medical authority for the issue of the certificate of age shall be

same as specified by the Central Government or the State Government, as the case may be, for

their Medical Boards.

(6) The charges payable to the medical authority shall be borne by the employer of the

adolescent whose age is determined under this rule.

Explanation. For the purposes of this rule, –

(i) medical authority means a Government medical doctor not below the rank of an Assistant

Surgeon of a District or a regular doctor of equivalent rank employed in Employees‘ State

Insurance dispensaries or hospitals;

(ii) Adolescent means an adolescent as defined in clause (i) of section 2 of the Act.

10. After rule 19 of the principal rules, the following rules shall be inserted, namely:-

19A. Persons who may file complaint.- Any person who may file a complaint under the

Act for commission of any offence include school teachers and representatives from school

management committee, child protection committee, Panchayat or Municipality, who shall be

sensitized to file complaint, in the event that any of students in their respective schools is

employed in contravention to the provisions of the Act.

19B. Manner of compounding offences.- (1) An accused person,-

(i) who commits an offence for the first time under sub-section (3) of section 14; or

(ii) who being parent or a guardian, commits an offence under the said section, may file an

application to the District Magistrate having jurisdiction for compounding the offence

under sub –section (1) of section 14D.

(2) The District Magistrate shall after hearing the accused person and the Inspector concerned, on

an application filed under sub-rule (1), dispose of such application, and if the application is

allowed, issue the certificate of compounding, subject to –

(i) the payment of a sum of fifty per cent; of the maximum fine provided for such offence

Jharkhand Gazette (Extraordinary), Friday, 29^thJanuary, 2021

within a period to be specified in such certificate; or

(ii) the payment of an additional sum of twenty-five per cent; of the maximum fine provided

for such offence together with the compounding amount specified under clause (i), if the

accused person fails to pay the compounding amount under the said clause within the

specified period, and such delayed payment shall be made within a further period as may

be specified by the District Magistrate, which shall not exceed the period specified in that

clause.

(3) The compounding amount shall be paid by the accused person to the State Government.

(4) If the accused person fails to pay the compounding amount under sub-rule (2), then, the

proceeding shall be continued as specified under sub-section (2) of section 14D.

19C. Duties of District Magistrate. - (1) The District Magistrate shall –

(i)

specify such officers subordinate to him, as he considers necessary, to be called

nodal officers, who shall exercise all or any of the powers and perform all or any of the

duties of the District Magistrate conferred and imposed on him by the State Government

under section 17A;

(ii) assign such powers and duties, as he thinks appropriate, to a nodal officer to be exercised

and performed by him within his local limits of jurisdiction as subordinate officer;

(iii) Preside over as chairperson of the Task Force to be formed in a district consisting of –

(a) Inspector appointed under section 17 for the purposes of his local limits of jurisdiction;

(b) Superintendent of Police for the purposes of his local limits of jurisdiction;

(d) nodal officer referred to under clause (i) for the purposes of his local limits of

jurisdiction;

(e) Labour Superintendent for the purposes of his local limits of jurisdiction;

(f) two representatives each from a voluntary organization involved in rescue and

rehabilitation of employed children in the district on rotation basis for a period of two

years;

(g) a representative of the District Legal Services Authority to be nominated by the District

Judge;

(h) a member of the District Anti-trafficking Unit;

(i) Chairperson of the Child Welfare Committee of the District;

(j) District Child Protection Officer in the District under the Integrated Child

Protection Scheme of the Ministry of the Government of India dealing with women and

child development;

(k) District Education Officer;

(l) any other person nominated by the District Magistrate;

(m) Secretary of the Task Force shall be any of the nodal officers referred to in clause (i) and

nominated by the Chairperson.

(2)

The Task Force referred to in clause (iii) of sub-rule (1) shall meet at least once in every

month and shall make a comprehensive action plan for conducting the rescue operation,

taking into account the time available, point of raid in accordance with the law for the time

being in force, confidentiality of the plan, protection of victims and witnesses and the interim

relief, in accordance with the guidelines for rescue and repatriation issued by the Central

Government from time to time; and the Task Force shall also cause to upload the minutes of

such meeting on the portal created for such purpose by the State Government,

Jharkhand Gazette (Extraordinary), Friday, 29^thJanuary, 2021

(3) In addition to the duties referred to in sub-rule (1), the District Magistrate shall ensure through

nodal officers that the children and adolescents who are employed in contravention of the

provisions of the Act are rescued and shall be rehabilitated –

(a) in accordance with the provisions of –

(i)

the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) and the rules

made there under;

(ii) the Bonded Labour System (Abolition) Act, 1976 (19 of 1976);

(iii) the Central Sector Scheme for Rehabilitation of Bonded Labourers, 2016;

(iv) any National Child Labour Project;

(v) any other law or scheme for the time being in force under which such children or

adolescents may be rehabilitated; and subject to -

(I) the directions, if any, of a court of competent jurisdiction;

(II) the guidelines for rescue and repatriation issued by the Central Government from time to

time in this regard.

19D. Duties of Inspectors.- An Inspector appointed by the State Government under section-17,

for the purposes of securing compliance with the provisions of the Act, shall –

(i) comply with the norms of inspection issued by the State Government from time to time;

(ii) comply with the instructions issued by the State Government from time to time for the

purposes of securing the compliance with the provisions of the Act; and

(iii) report the State Government quarterly regarding the inspection made by him for the

purposes of securing the compliance with the provisions of the Act and the action taken

by him for such purposes.

19E. Periodical inspection and monitoring.- The State Government shall create a system

of monitoring and inspection for carrying into effect the provisions of section 17, which may

include–

(i) the number of periodical inspection to be conducted by the Inspector of the places at

which the employment of children is prohibited and hazardous occupations or processes

are carried out;

(ii) the intervals at which an Inspector shall report to the State Government complaints

received to him relating to the subject matter of inspection under clause (i) and the

details of action taken by him thereafter;

(iii) Maintenance of record electronically or otherwise of-

(a) children and adolescent found to be working in contravention of the provisions

of the Act including children who are found to be engaged in family or family

enterprises in contravention of the Act;

(b) number and details of the offences compounded;

(d) details of rehabilitation services provided to children and adolescents under the

Act.

11. In Form A appended to the principal rules, in the heading of column 2, for the words Name

of child, the words―Name of adolescent shall be substituted.

12. In Form B expression ‘fourteenth year’ shall be substituted by ‘Eighteenth year’

13. After Form B appended to the principal rules, the following Form shall be inserted, namely: -

Jharkhand Gazette (Extraordinary), Friday, 29^thJanuary, 2021

FORM "A"

[See Rule 16(1)]

Year..............................

Name and address of Employer............................................ Place of work....................... Nature

of work being done by the Establishment...........................................................................

No.

Name of

Adolescent

Father's

name

Date

birth

Permanent

address

Date of

joining the

establishment

Nature of

work on

which

employed

Daily

hours of

work

Intervals

of rest

Wages

paid

Remarks

FORM "B"

Certificate of age

[See Rule 19(1)]

Certificate No. ...............................................

I, hereby certify that I have personally examined (name)...................................son/daughter of

...................................residing at............................... and that he/she has completed his/her Eighteenth

year and his/her age, as nearly as can be ascertained from my examination is.................................years

(completed). His/her descriptive marks are................................

Thumb impression/Signature of Adolescent........................................................................

Place......................

Date......................

Jharkhand Gazette (Extraordinary), Friday, 29^thJanuary, 2021

FORM C

[ See Rule 2C(1)(b)] Undertaking under rule 2C(1)(b) of the Child and Adolescent Labour

(Prohibition and Regulation) Rules, 1988

I…………………………….. producer of …………………………………. an audio visual

media production or organizer of ……………………………………. a commercial event,

involving the participation of the following Adolescent, namely:-

S.No. Name of the Child/ Parent‘s/Guardian‘s Address

Adolescent Name

do hereby undertake that in the course of the involvement of the above mentioned

child/children in the event

………………………………………………………………..(specify the event), there shall be no

violation of any of the provisions of the Child and Adolescent Labour (Prohibition and

Regulation) Act, 1986 (61 of 1986) and the Child and Adolescent Labour (Prohibition and

Regulation) Rules, 1988 and full care shall be taken of the physical and mental health, and other

requirements of the child/children, so that he/they feel no inconvenience. I also undertake that

during the event, all laws applicable for the time being in force for the protection of children,

including their right to education, care and protection, and legal provisions against sexual offences

will be complied.

Dated:……………….. Name and signature of the Producer.

No.-02/shrma. Ka.Ba. Shra.(Niyam-Sansho.)-01/2018 L&E--------------------------Ranchi, Dated------------

By the Order of Governer of Jharkhand,

Sd/-

Under Secretary to Government.

-------------

झारखड राजक य मु

झारखड राजक य मुणालय

णालय, राँची वारा काशत एवं मुत

राँची वारा काशत एवं मुत,

झारखड गजट

झारखड गजट (असाधारण

असाधारण)

) 192 -- 50