[ 5 ]

TAMIL NADU

GOVERNMENT GAZETTE

PUBLISHED BY AUTHORITY

No. 6]

chennai, wednesday, february 6, 2019

Thai 23, Vilambi, Thiruvalluvar Aandu–2050

[Regd. No. TN/CCN/467/2012-14

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2019

[Price : Rs. 3.20 Paise.

Part iiI—Section 1(a)

General Statutory Rules, Notifications, Orders, Regulations, etc.,

issued by Secretariat Departments.

Notifications by government

Contents

DTP—III-1(a)—1

Pages.

labour and Employment department

Draft Amendments to the Tamil Nadu Factories Rules ..

Draft Amendments to the Tamil Nadu Child Labour (Prohibition and Regulation) Rules.

6-12

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[Part III-Sec.1(a)

Notifications by Government

Labour and Employment Department

Draft Amendments to the Tamil Nadu Factories Rules

[G.O.Ms.No. 4, Labour and Employment (M2), 7th January 2019, ñ£˜èN 23, M÷‹H, F¼õœÀõ˜ Ý‡´-2049.]

No. SRO-A-3/2019.

The following draft of amendments to the Tamil Nadu Factories Rules, 1950 which it is proposed to be made in exercise of

the powers conferred by Section 112 of the Factories Act, 1948 (Central Act LXIII of 1948) is hereby published for information

of all persons likely to be affected thereby as required by Section 115 of the said Act.

Notice is hereby given that the draft amendments will be taken into consideration after the expiry of forty five days

from the date of publication of this notification in the Tamil Nadu Government Gazette and that any objections or suggestion

which may be received from any person with respect thereto, before the expiry of the aforesaid period will be considered by

the Government of Tamil Nadu. Objection and suggestion, if any, should be addressed in duplicate to the Principal Secretary

to Government, Labour and Employment Department, Secretariat, Fort St.George, Chennai 600 009, through the Director of

Industrial Safety and Health, 47/1 Thiru.Vi.Ka. Industrial Estate, Guindy, Chennai -600 032.

Draft Amendments.

In the said Rules,

(1) In Rule 4, in subrule (6-A), for the expression "ten consecutive calendar years", the expression "fifteen consecutive

calendar years," shall be substituted;

(2) In rule 7, in the second proviso to sub-rule (3), for the expression "ten consecutive calendar years", the

expression "fifteen consecutive calendar years" shall be substituted.

Draft Amendments to the Tamil Nadu Child Labour (Prohibition and Regulation) Rules.

[G.O.Ms.No. 6, Labour and Employment (U2), 10th January 2019, ñ£˜èN 26, M÷‹H, F¼õœÀõ˜ Ý‡´-2049.]

No. SRO-A-4/2019.

The following draft amendments to the Tamil Nadu Child Labour (Prohibition and Regulation) Rules, 1994, which are

proposed to be made in exercise of the powers conferred by Section 18 of the Child and Adolescent Labour (Prohibition

and Regulation) Act, 1986 (Central Act 61 of 1986), is hereby published for information of all persons likely to be affected

thereby as required by sub-section (1) of Section 18 of the said Act.

2. Notice is hereby given that the draft amendments will be taken into consideration on or after the expiry of

forty-five days from the date of publication of this Notification in the Tamil Nadu Government Gazette and that any objection

or suggestion, which may be received from any person with respect thereto, before the aforesaid period of expiry, will be

considered by the Government of Tamil Nadu. Objection or suggestion, if any, should be addressed in duplicate to the

Principal Secretary to Government, Labour and Employment Department, Chennai-600 009, through the Commissioner of

Labour, D.M.S. Compound, Teynampet, Chennai-600 006.

Draft Amendments.

In 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 rule 2,

(i)

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

"(a) "Act" means the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (Central Act

61 of 1986);";

(ii)

after clause (c), the following clauses shall be inserted, namely:-

"(ca) "Fund" means the Child and Adolescent Labour Rehabilitation Fund constituted under sub-section

(1) of Section 14B of the Act;

(cb) "Inspector" means the Inspector appointed by the State Government under section 17 of Act;

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(cc) "Municipality" means an institution of self - Government constituted under Article 243 of the Constitution;

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

(iii) after clause (f), the following clause shall be added, namely:-

"(g) words and expressions used in these Rules, but not defined therein but defined in the Act, shall have

the meanings as assigned to them in the Act.".

after rule 2, the following rules shall be inserted, namely:-

"2A. Awareness on prohibition of employment of child and adolescents in contravention of the 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 of 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, awareness

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, establishments or instances of employment of children or adolescents in

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

to authorities specified by the State Government;

railway coaches, at railway stations, major bus stations, toll plazas, trade fairs, malls, exhibitions, amusement

parks and other public places including shopping centers, markets, cinema halls, hotels, hospitals, Panchayat

offices, police stations, resident welfare association offices, industrial areas, schools, educational institutions,

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

(d) promote through appropriate method the inclusion of the provisions of the Act in learning material and syllabus

in school education; and

(e) promote inclusion of training and sensitisation material on the provisions of the Act and the responsibilities of

various stakeholders thereto, in State Labour Department, Directorate of Industrial Safety and Health, offices

of the District Collectors, Department of Revenue, Police and Judicial and civil service academies, teachers

training and refresher courses and arrange sensitisation programmes for other relevant stakeholders including,

Panchayat members, doctors, Employers and concerned officials of the State 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 the Schedule to the Act;

(ii)

shall not include work or occupation or process at any stage of the manufacturing, production, supply or

retail chain that is remunerative for the child or his family or the family enterprise;

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

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

(v) shall not be in such tasks of helping which hinders or interferes with the right to education of the child,

or his attendance in the school, or which may adversely affect his education including activities which are

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

to him by the school;

(vi) shall not be in any task engaged 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.

DTP—III-1(a)—1a

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[Part III-Sec.1(a)

(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,-

(a) biological brother and sister of the child;

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

Explanation 2.—For the purposes of Explanation 1, it is hereby clarified that preliminarily, any doubt as to whether a

person is a biological brother or sister, may be removed by examining the pedigree of such person issued by the concerned

Municipality or Panchayat, as the case may be, or any other legal document issued by concerned authority of the State

Government.

(2) Where a child receiving education in a school remains absent consecutively for thirty days without intimation to

the Principal or Head Master of the school, then, the Principal or Head Master shall report such absence to the concerned

Nodal Officer referred to in clause (i) of sub-rule (1) of rule 3C 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 3 and the list of child participants, consent of parents or guardian, as the

case may be, name of the individual of 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 education, safety, security and reporting of child abuse in consonance with the guidelines and protection

policies issued by the State Government, from time to time, for such purpose including-

(i)

ensuring facilities for physical and mental health of the child;

(ii)

timely nutritional diet of the child;

(iii) safe and 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) arrangement of appropriate facilities for education of the child 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) appointment of one responsible person 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 shall be directly

deposited in a fixed deposit account in a nationalised bank in the name of the child which may be credited to

the child on attaining majority; and

(g) that 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;

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(ii)

cinema and documentary shows on television including reality shows, quiz shows, talent shows, radio and

any programme in or any other media;

(iii) drama serials;

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

(v) any other artistic performances which the State Government permits in individual cases, which shall not

include street performance for monetary gain.

2D. 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.

2E. 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

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 for

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 intimation to the Inspector;

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

forthwith or within a period of three months, the total amount credited, deposited or invested in favour of the

child along with interest accrued thereon remaining in the bank or remaining so invested under sub-section

(3) of Section 14B, shall be transferred to the said bank account of child or adolescent, as the case may be;

and

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

of the concerned child or adolescent, sufficient to identify him and send a copy of the report annually to the

State Government for information.

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

for rule 3, the following rules shall be substituted, namely:-

"3. 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 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 District Collector 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 1.

(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.

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[Part III-Sec.1(a)

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.".

after rule 3, the following rules shall be inserted, namely :-

"3A. Persons who may file complaint.- Any person who may file a complaint under the Act for commission of any

offence, include child himself, school teachers and representatives from school management committee, District Level Child

Protection Committee, Task Force constituted under State Action Plan, 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.

3B. 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 through

the Inspector 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 proceedings shall be

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

3C. Duties of District Magistrate. - (1) The District Magistrate shall -

(i)

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

who shall exercise all or any of the powers and perform all or any of the duties of the District Magistrate

conferred and imposed on him by the State Government under Section 17A;

(ii)

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

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

(iii) preside over as Chairperson of the Task Force to be formed in a District consisting of -

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

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

(d) District Nodal Officer referred to under clause (i) for the purposes of his local limits of jurisdiction;

(e) Two representatives each from a voluntary organisation involved in rescue and rehabilitation of

employed children in the District on rotation basis for a period of two years;

(f) a representative of the District Legal Services Authority to be nominated by the District Judge;

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

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

(i) District Child Protection Officer;

(j) District Education Officer:

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

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(I)

Chief Medical Officer;

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

by 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)

State Action Plan for elimination of Child Labour and Prohibition and Regulation of Adolescent Labour;

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

made there under;

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

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

(v) any National Child Labour Project;

(vi) 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.

3D. 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 to 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.

3E. 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 and adolescent is 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 electronicatly or otherwise of-

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

children who are found to be engaged in family or family enterprises in contravention of the Act;

(b) number and details of the offences compounded;

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

6. in rule 4,-

(i) in sub-rule (1), for the word "children", the word "adolescent" shall be substituted;

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[Part III-Sec.1(a)

(ii) for sub-rule (2), the following sub-rule shall be substituted, namely:-

"(2) the date of birth indicated in column (4) of Form 2 shall be as in certificate of age referred to in sub-rule (1)

of rule 3.".

7. in Form 2,-

(i) in the heading, for the words "child workers", the words "Adolescent Workers" shall be substituted;

(ii) in the heading in column 2, for the words "Name of the child" the words "Name of the adolescent" shall be

substituted.

after Form 2, the following Form shall be added, namely:-

"FORM 3

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

I ............................................................................................producer of ............................................................................ an

audio visual media production or organizer of ............................................................................ a commercial event, involving

the participation of the following child/children: namely:-

Serial No.

Name of the Child/Children

Parent's/Guardian's Name

Address

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 (Central Act 61 of 1986) and the Tamil Nadu Child

and Adolescent Labour (Prohibition and Regulation) Amendment Rules, 2018 and full care shall be taken of the physical and

mental health, and other requirements of the child/children, so that he/they feel no inconvenience. I also undertake that during

the event, all laws applicable for the time being in force for the protection of children, including their right to education, care

and protection, and legal provisions against sexual offences will be complied with.

Dated:................................

Name and signature of the Producer.".

sunil paliwal,

Principal Secretary to Government.

printed and published by the Director of Stationery and printing, chennai

on behalf of the Government of Tamil Nadu