[481 ]

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Ms. No. 09/AIL/Lab./G/2020, Puducherry, dated 7th November 2020)

NOTIFICATION

Whereas, in exercise of the powers conferred under section 18 of

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

(Central Act 61 of 1986), the proposal for Amendment of the Puducherry

Child Labour (Prohibition and Regulation) Rules 1995 was published as

required under sub-section (1) of section 18 of the said Act in the Labour

Department’s Notification issued vide G.O. Ms. No. 03/AIL/Lab./G/2020,

dated 30th June, 2020, published in the Extraordinary Gazette No. 31, Part-II,

dated 8th July, 2020, inviting objections and suggestions from all persons

likely to be affected thereby, within forty-five days from the date of

publication of the said notification in the Official Gazette of Government

of Puducherry.

Registered with the Registrar

of Newspapers for India under

No. 10410

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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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EXTRAORDINAIRE

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No. 52 Poudouchéry

Mercredi

Novembre

2020

No.

Puducherry

Wednesday

18th

November

2020

(27 Kartika 1942)

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2. And whereas, the said Gazette Notification was notified for

information of the general public on 8th July, 2020;

3. And whereas, pursuant to the said notification, no objections

or suggestions have been received within the abovesaid stipulated

time-limit;

4. Now, therefore, in exercise of the powers conferred under section 18

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

1986 (Central Act 61 of 1986) and the Ministry of Labour Notification

No. SO 1081(E), dated November 24, 1988, the Lieutenant-Governor,

Puducherry, hereby pleased to makes the following rules, namely:-

1. Short title, extent and commencement.—(1) These rules may

be called the Puducherry Child Labour (Prohibition and Regulation)

(Amendment) Rules, 2020.

(2) They shall extend to the whole of the Union territory of

Puducherry.

(3) They shall come into force on and from the date of

publication in the Official Gazette.

2. In the Puducherry Child Labour (Prohibition and Regulation)

Rules, 1995 (hereinafter referred to as the principal rules), under

sub-rule (1) of rule 1, for the words “Puducherry Child Labour”, the

words, “Puducherry Child and Adolescent Labour” shall be substituted.

3. In rule 2 of the principal rules.—

(i) for clauses (a) and (c), the following clauses shall be

substituted, namely:-

“(a) “Act” means, the Child and Adolescent Labour

(Prohibition and Regulation) Act, 1986 (61 of 1986);

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

Act;”

(ii) after clause (d), the following clauses shall be inserted,

namely:-

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“ ‘(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

appropriate 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 243 B of the Constitution;”

(iv) after clause (h), the following clause shall be inserted,

namely:-

“(i) 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

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[PART–II

to the provisions of the Act, by developing and

advertising easily accessible means of communication

to authorities specified by the State Government;

these rules and any other 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 centres,

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 authorized 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 Service,

Police, Judicial and Civil Service Academics, Teachers

Training

and

refresher

courses,

and

arrange

sensitization

programmes

for

other

relevant

stakeholders including, Panchayat Members, Doctors

and concerned officials to 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;

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(iv) shall not perform any tasks during School hours and

between 7.00 p.m and 8.00 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

extracurricular 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

shall be included for comprising the 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 biological brother or sister, may be removed by

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[PART–II

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 Headmaster of the School, then, the Principal or

Headmaster shall report such absence to the concerned

Nodal Officer referred to in clause (i) of sub-rule (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 D 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;

for six months and shall clearly state the provisions for

education, safety, security and reporting of child abuse

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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 their right to education, care and

protection, and against sexual offences;

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

in force for the protection of children, including.

(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 percent of the income earned by the child

from the production or event to be directly deposited

in a fixed deposit amount 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;

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[PART–II

(iii) drama serials;

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

(v) any other artistic performance which the State

Government permits in individual cases, which shall not

include street performance for monetary gain.’

5. After rule 15 of the principal rules, the following rule shall be

inserted, namely:-

“15A. Hours of work.—Subject to the provisions of section 7,

no adolescent shall be required or permitted to work in an establishment

in excess of such number of hours of work as is permissible under the

law for the time being in force regulating the hours of work of the

adolescent in such establishments.”,

6. In rule 16 of the principal rules, in sub-rule (1), for the word

“children”, the word “adolescents” shall be substituted.

7. 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

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 is deposited or, as the case may be, to the officer

responsible to invest the amount of Fund under

sub-section (3) of section 14B;

(ii) the interest accrued on the proportionate amount of

Fund in favour of the child or adolescent shall be

transferred every six months to the account of the child

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or adolescent, as the case may, 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 prepeire 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”.

8. For rule 17 of the principal rules, the following rule shall be

substituted, namely:-

17. 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 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 Aadhaar Card of the adolescent, and in the

absence thereof;

(ii) the date of birth certificate from School or the

matriculation or equivalent certificate from the

concerned Examination Board of the adolescent,

if available, and in the absence thereof;

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LA GAZETTE DE L'ETAT

[PART–II

(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 Deputy Labour

Commissioner, 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 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, the Appropriate Medical

Authority as defined under rule 2, sub-clause (h) of the

principal rules;

(ii) “adolescent” means, an adolescent as defined in

clause (i) of section 2 of the Act.’

9. After rule 17 of the principal rules, the following rules shall be

inserted, namely:-

“17A. Persons who may file complaint.— Any person who may

file a complaint under the Act for commission of any offence include

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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.

17B. 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 aren’t 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 percent of the maximum

fine provided for such offence within a period to be

specified in such certificate; or

(ii) the payment of an additional sum of twenty-five

percent 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.

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[PART–II

(4) If, the accused person fails to pay the compounding

amount under sub-rule (2), then the proceedings shall be

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

17C. 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;

for the purpose of his, local limits of jurisdiction

shall be nominated by the District Magistrate;

(d) Labour Officer for the purposes of his local limits of

jurisdiction;

(e) Chief Educational Officer, Department of School

Education;

(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 shall be nominated by the

Commissioner of Labour;

(g) One representative from the District Legal Services

Authority (DLSA) shall be nominated by the District

Judge;

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(h) One representative from the Anti-Human-Trafficking

Unit shall be nominated by the Nodal Officer on

Human Trafficking;

(i) One representative from the Member of Child

Welfare Committee constituted under the Juvenile

Justice (Care and Protection of Children) Act, 2015

shall be nominated by the Chairperson, Child

Welfare Committee;

(j) District Child Protection Officer or one representative

from the Integrated Child Protection Scheme (ICPS)

shall be nominated by the Member-Secretary, Union

territory of Puducherry Child Protection Society

(UTPCPS) under the Integrated Child Protection

Scheme (ICPS);

(k) One

representative

from

the

District

Skill

Development Mission shall be nominated by the

Member-Secretary, Skill Development Mission;

(1) The Secretary of the Task Force who shall be any

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 State 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.

(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-

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[PART–II

(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 thereunder;

(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 of 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 State Government from time to time in this

regard.

17D. 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.

17E. 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–

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

the Inspector of the places at which the employment of

children in prohibited and hazardous occupations or

processes are carried out;

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

State Government about the complaints received by 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 or :-

(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;

recovered; and

(d) details of rehabilitation services provided to children

and adolescents under the Act”;

10. In rule 18 of the principal rules in sub-rule (1) , (2), (3), (4),

(5) and (6) for the word ‘Child’, the word ‘Adolescent’, shall be

substituted .

11. In rule 20 of the principal rules, in sub-rule (1) for the word

‘Children’, the word ‘Adolescent’, shall be substituted.

12. In rule 21 of the principal rules, in sub-rule (1) for the word

‘Child’, the word ‘Adolescent’, shall be substituted.

13. 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.

14. In Form ‘B’ appended to the Principal rules, for the word

‘Child’, the word “Adolescent”, shall be substituted.

15. After Form ‘C’ appended to the principal rules, the following

Form shall be inserted, namely;

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[PART–II

FORM ‘A’

[See rule 16(1)]

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

Name and address of employer ...................................... place of work ...........................................................

Nature of work being done by the establishment ................................

Sl.

Name Father's

Date

Permanent

Date

Nature

Daily

Intervals

Wages remarks

No.

name

Address

hours

paid

Child

Birth

joining

work

rest

the

work

establishment

which

employed

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FORM ‘B’

(Certificate of Age)

[See rule 17(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 fourteenth 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 child .................................... .

Date

: ................................

Signature of Medical Authority

Place

: ................................

Designation.

————

FORM ‘D'

[See rule 2C(l)(b)]

Undertaking under rule 2C(1) (b) of the Puducherry Child and

Adolescent Labour (Prohibition and Regulation) Rules, 1995

I .............................. Producer of ......................................... an audio

visual media production or organizer of ......................................................

a commercial event, involving the participation of the following child/

children, namely:-

Sl.No.

Name(s) of the

Parent’s/Guardians’ Name

Address

Child/Children

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[PART–II

online publication at “https://styandptg.py.gov.in”

Published by The Director, Government Press

Printed at: Government Central Press, Puducherry.

Posted at: Puducherry HPO on every Tuesday

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 Puducherry Child and Adolescent Labour (Prohibition

and Regulation) Rules, 1995 and full care shall be taken of the physical

and mental health, and other requirements of the child/children, so that

he/she 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”.

E. VALLAVAN, I.A.S.,

Secretary to Government (Labour)-cum-

Commissioner of Labour.

————