PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 6, 2020

(KRTK 15, 1942 SAKA)

Regd. No. NW/CH-22

Regd. No. CHD/0092/2018-2020

EXTRAORDINARY

Published by Authority

CHANDIGARH, FRIDAY, NOVEMBER 6, 2020

(KARTIKA 15, 1942 SAKA)

( ciii )

LEGISLATIVE SUPPLEMENT

Contents

Pages

Part - I

Acts

The Punjab Tissue Culture Based Seed

Potato Act, 2020.

(Punjab Act No. 18 of 2020)

Part - II

Ordinances

Nil

Part - III

Delegated Legislation

Notification No. G.S.R. 92/C.A.61/1986/S.

18/Amd./2020, dated the 15th October, 2020,

containing the draft rules, namely the Punjab

Child Labour (Prohibition and Regulation)

Amendment Rules, 2020.

Part - IV

Correction Slips, Republications and

Replacements

Nil

______

157--172

.. 593--600

PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 6, 2020

(KRTK 15, 1942 SAKA)

PART I

DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB

NOTIFICATION

The 6th November, 2020

No.21-Leg./2020.- The following Act of the Legislature of the State of

Punjab received the assent of the Governor of Punjab on the 30th day of

October, 2020, is hereby published for general information:-

THE PUNJAB TISSUE CULTURE BASED SEED POTATO BILL, 2020

(Punjab Act No. 18 of 2020)

ACT

to provide for regulating the quality of potato seeds produced through

tissue culture plants in aeroponics or nethouse and for matters connected

therewith or incidental thereto.

BE it enacted by the Legislature of the State of Punjab in the

Seventy-first Year of the Republic of India, as follows:-

(1) This Act may be called the Punjab Tissue Culture Based Seed

Potato Act, 2020.

(2)

It shall extend to the whole of the State of Punjab.

(3)

It shall come into force on and with effect from the date of its

publication in the Official Gazette.

In this Act, unless the context otherwise requires,-

(a)

“Agriculture” includes horticulture;

(b)

"Appellate Authority" means Director, Department of Horticulture,

Punjab;

(c)

“certification agency” means the Punjab State Seed Certification

Authority or any other such agency as may be notified by the State

Government;

(d)

“Committee” means the Tissue Culture Based Seed Potato

Committee constituted under section 3 of this Act;

(e)

"Licensing Authority" means the Department of Horticulture, Punjab

which shall issue the license for seed potato production through

157

Short title, exlent

and commence-

ment.

Definitions.

PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 6, 2020

(KRTK 15, 1942 SAKA)

tissue culture based aeroponics or nethouse facility in the State of

Punjab;

(f)

“notified variety”, in relation to seed potato, means a variety thereof

notified under section 5 of the Seeds Act, 1966;

(g)

“prescribed” means prescribed by rules made under this Act;

(h)

"Schedule" means the Schedule appended to this Act;

(i)

“seed potato” means potato minitubers or tubers raised through

tissue culture based aeroponics or nethouse technology and its

successive field generations used for sowing or planting;

(j)

''seed potato grower'' means the Farmer Producer Organisation

(FPOs) or Society or group of farmers or seed producing company

or individual grower;

(k)

'State Government' means the Government of the State of Punjab

in the Department of Agriculture and Farmer Welfare;

(l)

“State Seed Laboratory”, means the State Seed Laboratory

established under sub-section (2) of section 4 of the Seeds Act,

1966 or any other laboratory notified as such by the State

Government; and

(m) "variety" means a sub-division or grouping of plants within the

cultivated potato identifiable by growth, yield, plant, fruit, seed or

other characteristics.

(1) The State Government shall, as soon as may be after the

commencement of this Act, constitute a Committee to be called the Tissue

Culture Based Seed Potato Committee to advise the State Government on

matters arising out of the administration of this Act and matters related thereto

and to carry out such other functions as may be assigned to it by the

Government.

(2)

The Committee constituted under sub-section (1) may appoint one

or more Sub-Committees consisting wholly of members of the Committee or

wholly of other persons or partly of members of the Committee and partly of

other persons, as it thinks fit, for the purpose of discharging such of its functions

as may be delegated to such Sub-Committee or Sub-Committees by the

Committee.

158

Tissue Culture

Based Seed

Potato

Committee.

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(KRTK 15, 1942 SAKA)

159

The specified minimum seed certification standards shall be as per

the Schedule appended to this Act.

The Punjab State Seed Certification Authority established under

Section 8 of the Seeds Act, 1966 or any other agency, as may be notified by

the State Government shall be the certification agency for certification and

traceability for such other purposes.

(1) Any seed potato grower involved in the production, multiplication

of tissue culture based seed potato, if he desires to have such seed certified by

the certification agency, may apply to the certification agency for the grant of

a certificate for the purpose.

(2)

Every application under sub-section (1) shall be made in such form,

and shall contain such particulars and shall be accompanied by such fees, as

may be prescribed.

(3)

On receipt of any such application for the grant of a certificate, the

certification agency may, after such enquiry as it thinks fit and after satisfying

itself that the seed to which the application relates conforms to the minimum

seed certification standards specified for that seed under section 4 of this Act,

grant a certificate in such form and subject to such conditions, as may be

prescribed.

(4)

The certification agency shall ensure full traceability of each certified

class of seed and that the material being initiated for producing mini-tubers is

of notified variety and confirmed identity, including all documentation with respect

to its origin.

If the certification agency is satisfied, either on a reference made

to it in this behalf or otherwise, that,-

(a)

the certificate granted by it under section 6 has been obtained by

misrepresentation as to an essential fact; or

(b)

the holder of the certificate has, without reasonable cause, failed to

comply with the conditions subject to which the certificate has been

granted or has contravened any of the provisions of this Act or the

rules made there under, then, without prejudice to any other penalty

to which the holder of the certificate may be liable under this Act,

the certification agency may, after giving the holder of the certificate

an opportunity of showing cause, revoke the certificate.

Minimum seed

certification

standards.

Certification

agency .

Grant of

certificate by

certification

agency.

Revocation of

certificate.

PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 6, 2020

(KRTK 15, 1942 SAKA)

(1)

Any person aggrieved by a decision of a certification agency under

section 6 or section 7, may, within thirty days from the date on which the

decision is communicated to him and on payment of such fees, as may be

prescribed, prefer an appeal to Appellate Authority:

Provided that the Appellate Authority may entertain an appeal after

the expiry of the said period of thirty days, if it is satisfied that the appellant

was prevented by a sufficient cause from presenting the appeal within the said

period of thirty days.

(2)

On receipt of an appeal under sub-section (1), the Appellate Authority

shall, after giving the appellant an opportunity of being heard, pass such order

as it thinks fit.

(3)

Every order of the Appellate Authority under this section, shall be

final.

The Additional Chief Secretary (Development) may, suo moto or

on the application of the person to a reference, call for and examine the record

of any proceedings in which no appeal under section 8 of this Act lies before

the Appellant Authority, as the case may be, for the purpose of satisfying

himself as to the legality or propriety of any decision or order passed and if in

any case appears to the Additional Chief Secretary (Development) that any

such decision or order should be modified, annulled or revised, the Additional

Chief Secretary (Development), as the case may be, may, after giving persons

affected thereby an opportunity of being heard, pass such order thereon, as he

may deem fit.

10.

(1) If any seed potato grower contravenes any of the provisions of this

Act or any rule made there under, he shall be liable,-

(a)

to pay for the first offence with fine which may extend to fifty

thousand rupees, and

(b)

in the event of such person having been previously convicted of an

offence under this section, to undergo imprisonment for a term which

may extend to six months, or with fine which may extend to one

lakh rupees, or with both.

(2)

The Sub-Committee constituted under sub-section (2) of section 3

of this Act shall recommend the licensing authority to cancel the license and

Penalty.

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Review of order.

Appeal.

PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 6, 2020

(KRTK 15, 1942 SAKA)

blacklist the person restricting him for dealing with any kind of seed production

for a minimum period of three years.

11.

When any person has been convicted under this Act for the

contravention of any of the provisions of this Act or the rules made there

under, the seed in respect of which the contravention has been committed shall

be forfeited and destroyed.

12.

No suit, prosecution or other legal proceedings shall lie against the

Government or any officer of the State Government for anything which is

done in good faith or intended to be done in good faith under this Act or the

rules made thereunder.

13.

(1) The State Government may, by notification in the Official Gazette

make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the fore-

going power, such rules may provide, for all or any of the following matters,

namely:-

(a)

the functions of the committee referred in section 3 of this Act;

and

(b)

any other matter, which is to be or may be prescribed, under this

Act.

(3)

Every rule made under this section, shall be laid, as soon as may be,

after it is made, before the house of the State Legislature while it is in session

for a total period of ten days, which may be comprised in one session or in two

or more successive sessions and if, before the expiry of the session in which,

it is so laid or the successive sessions as aforesaid, the house agrees in making

any modification in the rules or the house agrees that the rules should not be

made, the rules shall thereafter have effect only in such modified form or be of

no effect, as the case may be, so however, that any such modification or

annulment shall be without prejudice to the validity of anything previously done

or omitted to be done under that rule.

14.

If any difficulty arises in giving effect to the provisions of this Act,

the State Government may, by order, published in the Official Gazette, make

such provision not inconsistent with the provisions of this Act, as appears to

161

Protection of

action taken in

good faith.

Forfeiture of

seed.

Power to make

rules.

Power to remove

difficulties.

PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 6, 2020

(KRTK 15, 1942 SAKA)

the Government to be necessary or expedient for the purpose of removing the

difficulty:

Provided that no such order shall be made under this section, after

the expiry of a period of three years from the date of commencement of this

Act.

SCHEDULE

(see section 4)

DRAFT OF MINIMUM SEED CERTIFICATION STANDARDS

FOR TISSUE CULTURE BASED SEED POTATO

Application and Amplification of General Seed Standards for tissue

culture based potato seed

(a)

The general seed standards are applicable to tissue culture raised

mini-tubers (G-0) multiplied through aeroponics or nethouse

conditions and further multiplied in the field for four generations

(G1-G4) as shown below:

Stages of 'Tissue Culture Based Potato Production System'

Mother Plant

Multiplication through Tissue Culture (8-12) Cuttings/Subculture)

G0 Aeroponics

G0 Net House

G1 Open Field

G2 Open Field

G3 Open Field

G4 Open Field

I. Eligibility requirements for tissue culture based mini-tubers (G-0)

The mini-tubers to be eligible for certification shall be from a source

meeting the following standards aeroponics or nethouse facilities.

(i)

Laboratory and aeroponics or nethouse facilities used for production

of plantlets/micro-tubers or mini-tubers shall be maintained free of

potato pests or vectors of potato pathogens. Failure to keep such

pests under control may cause rejection of all lots maintained in the

facility. All potting or growth media shall be sterile. Water to be

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used in a laboratory or aeroponics or nethouse operation should be

free from impurities.

(ii)

Hygienic conditions like maintenance of air purity, sub culturing

under laminar flow only, use of pure tissue grade chemicals for

media preparation, proper autoclaving of cultured media, proper

disposal of contamination etc. shall be strictly observed during micro

propagation, potting, planting, irrigating, movement and use of

equipment and other laboratory practices to guard against the spread

of diseases or pests in the facilities used for seed multiplication.

(iii)

All micro propagation and aeroponics or nethouse facilities must be

approved by authorised State or Central Govt agency, as per the

standard/guidelines. These facilities must have a changing area

between the double doors.

(iv)

The aeroponics facility used for mini-tuber production from micro-

plants shall be approved by Central Potato research Institute, Shimla

(v)

The net house must be "insect proof" and be equipped with a double-

door entrance, provision for footwear disinfection prior to entering

the net house and insect proof ventilation screening on intakes and

exhaust openings. The persons entering the aeroponics or nethouse

facility should use Wellington boots (Plastic boots) and change lab-

coat in the changing area to reduce the chances of inadvertent

introduction of vector insects clinging to clothes.

(vi)

The material being initiated for producing mini-tubers must be of

Notified variety and confirmed identity. It must be duly documented

with respect to origin.

(vii) The plants of a potato varieties being initiated for tissue culture

should be tested in an accredited laboratory for freedom from the

following PVA (Potato Virus A), PVS (Potato Virus S), PVM (Potato

Virus M), PVY (Potato Virus Y), PVX (Potato Virus X), PLRV

(Potato Leaf Role Virus), PALCV (Potato Apical Leaf Curl Virus),

GBNV (Groundnut Bud Necrosis Virus), PSTVd (Potato Spindle

Tuber Viroid) entophytic and Phytoplasma or epiphytic bacteria and

fungi. Tests must be carried on a minimum of ten plantlets of each

variety selected at random. For virus testing ELISA or an equivalent

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method should be used, for viroid RT-PCR should be used, and for

fungi and bacteria light microscopy and culturing on media should

be used.

Sources of seed

(i)

The tissue culture facility should use recognized aseptic

initiation and propagation procedures (i.e. follow procedures and

use equipment, which will maintain sterile conditions as per standard

tissue culture norms).

(ii)

The initiating facility must maintain following information on

each variety for review and audit by the competent authority once

in a year: variety identification, date of initiation, origin and testing

results from accredited laboratory.

(iii)

Tests must be carried out on a minimum of ten plantlets (lot

size as per SOP of Department of Biotechnology, GOI) selected at

random, for each variety by an accredited laboratory. No plant should

contain PVA, PVS, PVM, PVY, PVX, PLRV, PALCV, GBNV,

phytoplasma, PSTVd and other endophytic or epiphytic bacteria

and fungi.

(iv)

Valid pathogen testing results are required prior to the initiation

of micro tuber production cycle or planting of test tube plantlets in

the aeroponics or nethouse facility.

(v)

Mini-tubers/micro-tubers shall be produced and multiplied from

approved source in vitro plants as per the requirements.

(vi)

Aeroponics or nethouse produced mini-tubers must be certified

as G0 by the Punjab State Seed Certification Authority.

(vii) G0 shall be used for further production of G1 to G4 certified

classes of seed as prescribed in proposed seed standards. The

certificates shall be issued by the Punjab State Seed Certification

Authority.

II.

Aeroponics or nethouse Environment Requirements

(a)

All micro propagation and aeroponics or nethouse facilities must

meet the standards given above under eligibility requirements.

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(b)

The soil used for mini-tuber production should not be infested with

pathogen and pests of potato, particularly the following:

•

wart (Synchytrium endobioticum (Schilb.) Perc.) and or cyst forming

nematodes;

•

brown rot (Ralstonia solanacearum (E.F. Sm.) E.F. Sm.) or non-

cyst forming nematodes within the previous three years;

•

common scab (Streptomyces scabies (Thaxt.) Waks. & Henrici).

•

Black scurf (Rhizoctonia Solani Kuehn).

(c)

The nutrient medium used for aeroponics shall be prepared in clean

water free from all potato pathogens.

III. Inspection of Aeroponics or nethouse facility used for production

of mini-tubers (G-0).

The seed potato grower must notify the competent authority

of his production plans 30 days prior to the recommended

planting date.

The crop must be grown from approved basic source in vitro

plants which were produced, in an aseptic environment.

The tissue plantlets in the aeroponics or nethouse facility will

be planted at 15x15cm and 30x15 cm, respectively.

A minimum of three inspections shall be made as follows:

The first inspection shall be made at 30-35days to verify growing

conditions, extent of disease infection and off types;

ii.

The second inspections shall be made at 60-65 days after planting

to verify off types, disease infection if any and pathogen testing, on

a representative sample, comprising of 1% of the plants with a

minimum of 5 and a maximum of 25 plants sampled for each variety:

iii.

The third inspection shall be made immediately after haulms cutting/

destruction in the net house crop in order to verify that haulms have

been cut/destroyed by the prescribed date and proper manner.

iv.

In case the crop is grown under aeroponics, third inspection can be

after the crop has been finally terminated.

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Effective sanitation practices including insect and disease monitoring

and prevention must be adhered to.

vi.

The aeroponics or nethouse must be free from all potato and

solanaceous plant debris before planting.

vii.

No field-produced seed potatoes (including pathogen tested clonal

selections), non-seed potatoes, nor any other solanaceous species

of plants can be grown in the net house while used to produce

minitubers.

viii.

Varieties must be separated by appropriate partitioning of net house

to prevent varietal mixture.

ix.

If testing performed by an accredited laboratory reveals the presence

of banned virus (es), fungus or bacteria, all the crops in the net

house will be ineligible for multiplication and the entire material will

be destroyed.

In the eventuality of detection of insect (particularly aphids, thrips

and white flies) vectors (for which yellow sticky traps should be

put at least at three places in the net house) by competent Authority,

the grower must provide post harvest test results to this authority. A

representative sample, representing each variety grown in the net

house must be post harvest tested and if the results are negative for

PVA, PVS, PVM, PVY, PVX, PLRV GBNV, phytoplasma, and

PALCV, the crop will be assigned G0 status or otherwise rejected.

IV.

Land Requirements

A crop of seed potato (G1-G4) shall not be eligible for certification if

grown on land infested with:

(a)

Wart (Synchytrium endobioticum (Schilb.) Perc. And or cyst

forming nematodes;

(b)

Brown rot (Ralstonia solanacearum (E.F. Sm.) E.F. Sm.) Or non-

cyst forming nematodes within the previous three years;

(c)

Common scab (Streptomyces scabies (Thaxt.) Waks. & Henrici).

(d)

Crop rotation schedule as per seed plot technique.

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Field Inspection

A minimum of four inspections shall be made as follows:

(a)

the first inspection shall be made about 30-35 days after planting

the mini-tubers to verify isolation, offtypes and the extent of disease

infection with specific reference to mild and severe mosaics, leaf

roll, PACLV, GBNV, phytoplasma, brown rot late blight and other

relevant factors;

(b)

the second inspection shall be made about 60-65 days after planting

the mini-tubers to check isolation, off types and extent of disease

infection with specific reference to mild and severe mosaics, leaf

roll, yellow, brown rot and other relevant factors;

(c)

the third inspection shall be made immediately after haulms cutting/

destruction in order to verify that haulms have been cut/destroyed

by the prescribed date and in proper manner;

(d)

the fourth inspection shall be made about 10 days after haulms

cutting/destruction and before harvesting in order to verify that no

re-growth of haulms has taken place.

VI.

Seed Standards

Standards for mini-tuber (G-0) production in the aeroponics/

nethouse facility

(1)

General requirements

(i)

Isolation: Minimum 1 meter between the different varieties

grown in net house, so as to avoid mechanical admixture. In

aeroponics facility separate grow boxes shall be used for each

variety and two varieties cannot be grown in the same grow

box.

(ii)

All micro propagation and aeroponics or nethouse facilities

must be approved by competent authority set up by the state

Govt., as per the standards given above under eligibility

requirements.

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(2)

Specific requirements

Maximum permissible limits

Factor

Maximum permissible limit

*Off type

0.001%

*Plants showing symptoms of mild

0.001%

mosaic

*Plants showing symptoms of severe

Nil

mosaic, leaf roll, PACLV, GBNV,

phytoplasma and apical leaf curl

**Plants infected with brown rot

Nil

(Ralstonia solanacearum)

* At the time of crop termination

**Maximum permitted at final inspection in the net house raised crop

(3)

Seed Standards for mini-tuber

Factor

Permissible limit

Weight of minituber (minimum)

1.0 g (minimum)

Germination (minimum)

90% (minimum)

Varietal purity (percent plants)

99% (minimum)

Virus infestation (percent plants)

0.001% (maximum)

Field standards for G1 to G4 Crop raised out of Potato Tissue

Culture based mini-tuber.

(1)

General requirements

Isolation: The fields of seed potato shall be isolated from the contaminants

shown in column 1 of the Table below by the distances specified in columns

2-6 of the said Table

Containments

Minimum distance (meters)

Fields of other varieties

Fields of same variety not conforming

to requirement for certification

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(2) Specific requirements

Factor

Maximum Permissible limits

Off types (%)(1st and 2nd

0.05%

inspection)

Plants showing symptoms of mild

1.0%

2.0%

mosaic (1st and 2nd inspection)

Plants showing symptoms of

0.5%

0.75%

severe mosaic, leaf roll, PACLV,

GBNV, phytoplasma (1st and

2nd inspection)

*Total virus

1.0%

2.0%

Plants infected by brown rot

None

(syn Bacterial wilt) Ralstonia

solanacearum (1st and 2nd

inspection)

**Regrowth of plants after

0.5%

destruction of haulms

(4th inspection)

*Of the two inspections, the higher virus percentage will be considered

for the purpose of the specified limits of tolerance.

**Standards for re-growth after destruction of haulms shall be met at

fourth inspection to be conducted about 10 days after haulms cutting.

Note:

(i)

All off types and diseased plants should be rouged out along with

the tubers and destroyed.

(ii)

Gaps in the seed plot should not be more than 10.0%.

(iii)

Haulms must be destroyed as close to the ground as possible before

the date specified by the Certification Agency. Failure to destroy

haulms in time shall render the crop liable for rejection.

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Seed Standards (G1 to G4)

(1) Size and weight Specification

Size

Mean length and two widths

Corresponding

at the middle of tuber

weight

Seed Size

30-55 mm

25-125 g

Large size

Above 55 mm

Above 125 g

Note:

(i)

The size of tuber will be decided either on the basis of mean of two

widths of a tuber at the middle and that of length or on the basis of

corresponding weight of tuber.

(ii)

In a seed lot, tubers not conforming to specific size of seed shall not

exceed more than 5.0% (by number).

(iii)

The seed material shall be reasonably clean, healthy, firm and shall

conform to the characteristics of the variety. The tubers not

conforming to the varietal characteristics shall not exceed 0.050%

for G1 and G2 class of seed and 0.10% (by number) for G3, G4 and

G4 class of seed.

(iv)

Cut, bruised, unshapy, cracked tubers or those damaged by insects,

slugs or worms shall not exceed more than 1.0% (by weight).

(v)

Greenish pigmentation on tubers will not be a disqualification for

certification.

(2)

Maximum tolerance limit of tubers showing visible symptoms

caused by the diseases mentioned below will be as follows:

Disease

Maximum Permissible

limits (By number)

Late blight (Phytophthora infestations

0.1%

0.5% 1.0%

(Mont.) de Bary), dry rot (Fusarium

caeruleum (Lib.) Sacc.) or Charcoal

rot (Macrophomina phaseoli (Tassi)

G. Goidanich).

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Wet rot (Scierotium rolfsii) Sacc.)

None

None None

*Common scab (Streptomyces

1.0%

2.0% 3.0%

scabies (Thaxt) Waks. & Henrici)

Brown rot (Ralstonia solanacearum

0.0

(E.F. Sm.) E.F. Sm.)

**Black scurf (Rhizoctonia solani

2.0%

3.0%

5.0% 5.0%

Kuehn.)

Total diseases

3.1%

4.1%

7.5% 9.0%

*Even if a single tuber infected with common scab is detected in a seed

lot, the entire seed lot shall be treated with approved chemical before

seed lot is declared fit for certification. Seed lots having infected tubers

more than the prescribed limits will not be certified even after treatment.

**(i) A tuber carrying 5% or above scuffed surface will be considered

as one infected unit.

(ii)

Seed lots having black scurf infection more than the prescribed

limits (5-10%) could be certified after treatment with approved

chemical/fungicide.

(iii)

For all diseases, the higher disease percentage will be considered

for the purpose of the specified limits of tolerance.

Traceability

(i)

Producer of any class of seed must keep written record of the

source of seed used for producing next class of seed.

(ii)

At the time of certification, information like name, address, phone

number and email of the producing agency shall be clearly mentioned

on the seed label.

(iii)

Only certified seed of one class can be used to produce certified

seed of next class. This rule shall apply from G0 to G4 to ensure full

traceability.

(iv)

The label must have a QR code containing all the information printed

on the label.

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172

Labelling of Seed G0 to G4

Seed tubers shall be supplied in sealed containers. A cloth-lined label of

12 cm x 6 cm containing following information shall be affixed on the

container.

Label Number

Crop Potato

Variety

Class of Seed

Lot No.

Germination/sprouting (Minimum)

Producing agency (Name, address, phone #, email)

Approving authority Signature and stamp

QR Code

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S.K. AGGARWAL,

Secretary to Government of Punjab,

Department of Legal and Legislative Affairs.

2148/11-2020/Pb. Govt. Press, S.A.S. Nagar

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PART III

GOVERNMENT OF PUNJAB

DEPARTMENT OF LABOUR

(LABOUR BRANCH)

NOTIFICATION

The 15th October, 2020

No. G.S.R. 92/C.A.61/1986/S.18/Amd./2020.- The following draft of rules, further to amend the Punjab

Child Labour (Prohibition and Regulation) Rules, 1997, which the Governor of Punjab proposes to make in

exercise of the powers conferred by section 18 of the Child Labour and Adolescent Labour (Prohibition and

Regulation) Act, 1986 (Central Act 61 of 1986), and all other powers enabling him in this behalf, is hereby

published as required under sub-section (1) of the said section, for the information of the persons likely to be

affected thereby.

Notice is hereby given that the said draft of rules will be taken into consideration by the State Government

after the expiry of a period of thirty days from the date of publication of this notification in the Official Gazette

together with any objection or suggestion, which may be received by the Additional Chief Secretary to Government

of Punjab, Department of Labour, Punjab Civil Secretariat-2, Sector-09, Chandigarh, from any person before the

expiry of the period so specified with respect to the said draft, namely:-

DRAFT RULES

These rules may be called the Punjab Child Labour (Prohibition andRegulation) Amendment Rules, 2020.

In the Punjab Child Labour (Prohibition and Regulation) Rules, 1997 (hereinafter referred to as the said

rules), in rule 1, in sub-rule (1), for the words “Child Labour”, the words “Child and Adolescent Labour”

shall be substituted.

In the said rules, in rule 2,-

(i)

for clause (a), the following clauses shall be substituted, namely:-

‘(a)

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

(Central Act No. 61 of 1986); and

(aa)

“Committee” means the Technical Advisory Committee constituted under sub-section (1) of

section 5 of the Act;

(ii)

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

‘(ba) “Fund” means the Child and Adolescent Rehabilitation Fund constituted under sub-section

(1) of section 14B of the Act;

(bb)

“Inspector” means the Inspector appointed by the State Government under section 17 of

the Act;

(bc)

Municipality” means an institution of self-Government constituted under article 243Q of

the Constitution; and

‘(bd) “Panchayat” means a Panchayat constituted under article 243B of the Constitution;’;

(iii)

In clause (d), the word ‘and’ occurring at the end shall be omitted; and

(iv)

In clause (e), the word ‘and’ shall be added at the end and thereafter, the following clause shall

be added, namely:-

"(f)

words and expressions used in these rules, but not definedtherein and defined in the

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

4. In the said rules, after rule 2, the following rules shall be inserted, namely:-

‘2A.

Awareness on prohibition of employment of child and adolescents in contravention to Act.-

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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;

(c)

display to the possible extent the provisions of the Act, these rules and any other information

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

responsibilities of the various stakeholders thereto, in State Labour Service, police, judicial and civil

service academies, teachers training and refresher courses and arrange sensitization 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,

supplyor 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 extracurricular activities 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 any way substitution of the child for any adult or adolescent while

helping his family or family enterprise; and

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

(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 purpose 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

(c)

biological brother and sister of parents of the child, 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 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 appropriate 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 (1) of rule 12 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;

(c)

the undertaking referred to in clause (b) shall be valid for six months and shall clearly state the provisions

for education, safety, security and report 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;

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(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 sport competition 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 gains.

5. In the said rules, for rule 3, the following rule shall be substituted, namely:-

"3.

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 establishment.".

In the said rules, in rule 4, in sub-rule (1), for the word “children”, the word “adolescents” shall be

substituted.

In the said rules, after rule 4, the following rule shall be inserted, namely:-

“4A. 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 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 of 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 clauses (ii) and (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.

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(2)

Any amount recovered by way of fine or for composition of offences in pursuance of an order or

judgment 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 judgment.”.

In the said rules, for rule 5, the following rule shall be substituted, namely:-

"5.

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 Aadhar 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;

(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 Additional 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 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;".

In the said rules, in rule 6, for the word “child”, wherever occurring, the word “adolescent” shall be

substituted.

10.

In the said rules, in rule 7, for the word “child”, wherever occurring, the word “adolescent” shall be

substituted.

11.

In the said rules, in rule 8, in sub-rule (3), for the word “child”, the word “adolescent” shall be substituted.

12.

In the said rules, in rule 9, for the word “child”, wherever occurring, the word “adolescent” shall be

substituted.

13.

In the said rules, after rule 9, the following rules shall be added, namely:-

“10.

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

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event that any of students in their respective schools is employed in contravention to the provisions of the

Act.

11.

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 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 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.

12.

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;

(c)

Additional District Magistrate 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)

Assistant Labour Commissioner/Labour-cum-Conciliation Officer 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 and/or adolescents 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;

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(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 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,-

(a)

in accordance with the provisions of,-

(i)

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

the rules made thereunder;

(ii)

the Bonded Labour System (Abolition) Act, 1976 (Central Act 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 State Government from time

to time in this regard.

13.

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 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.

14.

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

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 of,-

(a)

children and adolescents 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;

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(b)

number and details of the offences compounded;

(c)

details of compounding amount imposed and recovered; and

(d)

details of rehabilitation services provided to children and adolescents under the Act.”.

14.

In the said rules, in Form ‘A,’ in the heading of column 2, for the words “Name of child”, the words

“Name of adolescent” shall be substituted.

15.

In Form “B”, under the heading, for the words, figures and brackets “[ See Rule 5(3)]”, the words

figures and brackets “[See rule 5 (3)]”shall be substituted.

16.

In the said rules, after Form ‘B’, the following Form shall be added, namely:-

“FORM ‘C’

[See rule 2C(1)(b)]

Undertaking under rule 2C(1)(b) of the

Punjab Child and Adolescent Labour (Prohibition and Regulation) Rules, 1997

I ________________________ producer of ____________________ an audio visual media production or organizer

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

namely:-

S.No.

Name of the

Parent’s/Guardian’s

Address

Child/ Children

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) Rules, 1988 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.

Name and signature of the producer.”

VIJAY KUMAR JANJUA, IAS,

ADDITIONAL CHIEF SECRETARY TO GOVERNMENT OF PUNJAB,

DEPARTMENT OF LABOUR.

2148/11-2020/Pb. Govt. Press, S.A.S. Nagar