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GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Ms. No. 07/Lab./LO(WS)/AIL/2023, Puducherry, dated 16th May 2023)

NOTIFICATION

In exercise of the powers conferred by section 14-B of the Child

and Adolescent Labour (Prohibition and Regulation) Act, 1986, read with

rule 16-A of the Puducherry Child and Adolescent Labour (Prohibition

and Regulation) Rules, 1995, the Lieutenant-Governor, Puducherry, is

pleased to constitute a Scheme, namely:-

1. Short title, extent of application and commencement.— The

Scheme shall be called the “Puducherry Child and Adolescent Labour

Rehabilitation Fund Scheme” and shall be operative for the Districts of

Puducherry and Karaikal, from the date of publication of this Notification

in the Official Gazette of the Government of Puducherry.

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No. 46 Poudouchéry

Jeudi

Mai

2023

No.

Puducherry

Thursday

18th

May

2023

(28 Vaisakha 1945)

LA GAZETTE DE L'ETAT

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886

2. Objective.— The objective is to provide statutory financial

assistance to the child or adolescent rescued in accordance with the

provisions of the Child and Adolescent Labour (Prohibition and

Regulation) Act, 1986.

3. Definitions.— In this Fund, unless the context otherwise

requires,-

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

and Regulation) Act, 1986.

(b) “Appropriate Government” mean, in relation to operation of

these Funds, the Government of Puducherry.

Nationalized Bank.

All the other terms, which are not defined herein, carry the same

meaning as given under the Child and Adolescent Labour (Prohibition

and Regulation) Act, 1986.

4. Constitution of the Fund.— The Fund shall comprise of the

following.-

(i) Amount of the fine realized from the employer of the child

and adolescent as per section 14-B (1) of the Act.

(ii) An amount of ` 15,000 (Rupees fifteen thousand only)

credited by the Government of Puducherry, in accordance with section

14-B (2) of the Act to the Fund for each child or adolescent for whom

the fine amount has been credited under sub-section (1) of section 14-B

of the Act.

(iii) As per the directions of the Hon’ble Supreme Court of India

in Writ Petition (C) No. 465/1986, dated 10-12-1996, the amount of

compensation collected at the rate of ` 20,000 (Rupees twenty thousand

only) per child or adolescent from the employer who engaged the child/

adolescent and the contribution if any, made by the Government of

Puducherry.

(iv) Any other amount permissible to be credited to this Fund

by order of any Court of Law or by order of the Government of

Puducherry.

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(v) The amount already existing in the Canara Bank Account,

Gingi Salai, Puducherry, in the name of the “Puducherry Child Labour

Rehabilitation Welfare Society” shall be treated as an integral part of

this Fund.

(vi) The amount credited to the Fund shall be deposited in

Nationalized Banks or invested in high yielding Schemes as per the

directions of the Commissioner of Labour.

(vii) The amount deposited or invested and the interest accrued

on it, shall be paid to the child or adolescent, in whose favour such

amount is credited or invested in the Nationalized Bank.

(viii) In case of any doubts, in opening and operating of the

account, Deputy Labour Commissioner shall seek directions from the

Government of Puducherry and in such cases, the directions given by

the Government of Puducherry is final and binding.

5. Constitution of Advisory Committee.— (i) An Advisory

Committee shall be constituted for the purpose of managing the affairs

of the Fund. The Committee shall comprise of the following Officers;

(a) Commissioner of Labour

. . Chairman

(b) Deputy Labour Commissioner

. . Member

Development.

(d) Development District Lead Bank Manager

. . Member

(e) District Child Protection Officer

. . Member

(f) Labour Officer (Welfare Schemes)

. . Member-

Secretary.

(ii) The Committee shall meet periodically, preferably at least

once in a quarter to discuss and decide on all issues related to the

management of the fund.

6. Condition for eligibility to receive Fund/Corpus income.—

(i) The child or adolescent should have been employed in contravention

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

Regulation) Act, 1986.

(ii) The child or adolescent so employed should have been duly

rescued from the employment.

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888

(iii) The child or adolescent so rescued shall be admitted in

appropriate School or special Training Centre or any other learning

system established and working as per section 4 of Right to Education

Act, 2009 or any other system created under law.

(iv) The child or adolescent admitted to School/College shall

continue in School/College.

(v) The full details of child/adolescent including photograph,

Aadhaar card, mobile number, if any, shall be collected by the concerned

Person/Inspector.

(vi) The concerned Person/Inspector who rescues the child/

adolescent shall collect the Bank Account details of the child/adolescent

so rescued or their parents/guardians compulsorily or take steps for

opening of a zero-balance account in any Nationalized Bank:

Provided that the benefit given to the beneficiary child or

adolescent/parent/guardian from the Fund at sub-clause (iii) of clause 4

ceases to be operative, if, the child would not be sent by the parent/

guardian for education.

7. Powers and functions of the Commissioner of Labour.— The

Commissioner of Labour shall control and shall be responsible for

management of the affairs of the fund constituted under the Scheme,

including the following:-

(i) It shall be his duty to ensure fulfillment of the objectives of

this Scheme including implementation of the directives of the Supreme

Court Judgment and for this purpose, he shall have all the powers to

adopt and follow such procedures as he deems fit.

(ii) He shall supervise and manage the work of the Inspectors

appointed under section 16 and section 17 of the Child and Adolescent

Labour (Prohibition and Regulation) Act, 1986 and issue such directions

as are necessary for recovering all the compensation amount from such

of the employers who employ child or adolescent in contravention of

the provisions of the Act.

(iii) He shall initiate all necessary steps expeditiously for getting

funds from the appropriate Government, as its contribution at the rate

of ` 15,000 (Rupees fifteen thousand only) per child or adolescent

employed in contravention of the provisions of the Act.

(iv) He is also empowered to invest Corpus amount in any high

yielding Scheme. He is also empowered to determine the quantum of

amount to be given to the beneficiary/parents of the child/adolescent

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LA GAZETTE DE L'ETAT

labour and that quantum of amount shall be equivalent of the amount

earned on Corpus Fund deposited on behalf of each child/adolescent

labour.

(v) He shall also exercise such other powers as deemed fit to

prudently operate the funds to support the child/adolescent rescued.

8. Maintenance of Registers.— (i) A register shall be maintained

in the Office of the Labour Officer (Welfare Schemes) for Puducherry,

Mahe and Yanam regions and in the Office of the Labour Officer, Karaikal

for Karaikal region for the purpose of keeping particulars regarding the

list of beneficiaries and that of the child and adolescent labour rescued

from employment in contraventions of the provisions of the Act and

quantum of amount granted to the parents of the child and all other

relevant factors.

(ii) The Labour Officer (Welfare Schemes), Puducherry, Labour

Officer, Karaikal, shall send a monthly statement of their respective

District to the Secretary to Government, Labour Department, Puducherry,

furnishing the above particulars on or before the 5th of every month.

9. Audit of funds.— The annual audit of the accounts of the Fund

shall be conducted by a Chartered Accountant. He shall be given access

to all the books/information maintained by the Labour Officer (Welfare

Schemes), Puducherry/Labour Officer, Karaikal, relating to accounts and

vouchers thereto and shall thereafter, sign the Auditor’s declaration

indicating separately on the Form under his tour, a statement showing

in what respect he finds the accounts to be incorrect, unvouchered or

not. The particulars given in this statement shall indicate,-

(a) every payment which appears to be unauthorized or

contrary to the provisions of the Fund;

(b) the amount of any deficiency or loss which appears to have

been incurred by the negligence or misconduct of any person; and

brought to account by any person.

(By order of the Lieutenant-Governor)

Dr. A. MUTHAMMA, I.A.S.,

Secretary to Government (Labour).

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

Published by The Director, Government Press, Puducherry.