**Executive Summary**
This document is a gazette notification issued by the Labour and Employment Department of the Tamil Nadu Government on May 8, 2019. It announces proposed amendments to the Tamil Nadu Child Labour (Prohibition and Regulation) Rules, 1994, in accordance with the Child Labour (Prohibition and Regulation) Act, 1986. The notification invites objections or suggestions to the proposed amendments, to be submitted within forty-five days from the date of publication.
**Key Points / Main Content**
* **Amendment Scope:** The amendments relate to the prohibition and regulation of child and adolescent labour in Tamil Nadu, focusing on aligning the state rules with the central act and addressing rehabilitation, awareness, and education aspects.
* **Definitions and Terminology:**
* Replaces "Child Labour" with "Child and Adolescent Labour."
* Amends the definition of "Act" to specifically refer to the 1986 Central Act.
* Defines "Fund" as the Child and Adolescent Labour Rehabilitation Fund under Section 14B.
* Defines "Inspector" as the one appointed by the State Government under Section 17.
* Defines "Municipality" and "Panchayat" under Articles 243Q and 243B of the Constitution.
* Clarifies that undefined terms in the rules but defined in the Act will have the same meaning as in the Act.
* **Awareness and Prohibition:**
* Mandates the State Government to ensure compliance with prohibitions on employing children and adolescents, using various public awareness campaigns.
* Encourages reporting of violations through accessible communication channels.
* Requires displaying information about the rules in public places like railway stations, bus stands, commercial complexes, schools, and government offices.
* Promotes integrating the rules into the school curriculum.
* Encourages training and awareness programs for relevant stakeholders including government officials, Panchayat members, doctors and employers.
* **Assistance to Families:**
* Allows children to assist their families without disrupting their education, subject to certain conditions.
* Specifies that assistance must not involve hazardous occupations, production chains, or employment outside school hours or between 7 PM and 8 AM.
* Ensures that assistance does not interfere with the child's education or well-being.
* Limits assistance to a maximum of three hours per day.
* Prohibits replacement of an adult or adolescent worker with a child.
* **Child Artistes:**
* Allows children to work as artistes under strict conditions, including a maximum of five hours per day with mandatory breaks.
* Requires producers to obtain permission from the District Magistrate before involving a child in any production.
* Mandates producers to provide a declaration and ensure safety, education, and well-being of child artistes, adhering to specific guidelines.
* Ensures that at least 20% of the child artiste's income is deposited into a fixed deposit account, accessible to the child upon reaching adulthood.
* **Working Hours:**
* Specifies that adolescents' working hours in an establishment should not exceed the permissible limits under existing laws.
* **Rehabilitation Fund:**
* Outlines the process for disbursing funds from the Child and Adolescent Labour Rehabilitation Fund to the beneficiaries.
* Requires the relevant official to ensure an account is opened in a nationalized bank and provide necessary information to the bank for investing the funds.
* Mandates the funds to be transferred when the child reaches 18 years of age.
* Requires the official to prepare and submit an annual report to the State Government regarding the disbursed amounts.
* **Age Verification:**
* Details the process for age verification when an inspector suspects a violation, requiring employers to obtain an age certificate from a medical authority.
* Lists the documents to be considered for age verification, including Aadhaar card, birth certificates, or certificates from educational institutions.
* Specifies that the examination must be completed within 15 days.
* **Complaint Mechanism**
* Establishes mechanisms for complaints, including allowing school children, teachers, and management to report violations.
* **Compounding Offences:**
* Provides a process for compounding offences, allowing for the settlement of certain violations through payment of a compounding amount, subject to specific conditions and timeframes.
* **District Magistrate's Duties:**
* Defines the duties of the District Magistrate, including assigning responsibilities to subordinate officers for enforcing the Act.
* **Special Task Force:**
* Mandates the constitution of a special task force at the district level to combat child labour, specifying its composition, functions, and meeting frequency.
* **Duties of Inspectors:**
* Requires inspectors to follow the guidelines issued by the State Government, conduct inspections, and submit quarterly reports to the State Government.
* **Monitoring and Evaluation:**
* Mandates the State Government to establish a monitoring and evaluation system for implementing the provisions of Section 17.
**Impact Analysis**
**Employers:**
* **Impact:** Stricter regulations regarding employment of children and adolescents, with increased compliance requirements and potential penalties for violations.
* **Action Required:** Ensure compliance with the amended rules, obtain age certificates for adolescent employees, and implement necessary changes in employment practices.
**Schools and Educational Institutions:**
* **Impact:** Increased responsibility to monitor student absenteeism and report long absences, along with integrating child labour laws into the curriculum.
* **Action Required:** Integrate child labour laws into curriculum and educational framework; monitor and report prolonged student absence from school.
**State Government (Labour and Employment Department, District Magistrates, etc.):**
* **Impact:** Enhanced responsibilities for enforcement, monitoring, and rehabilitation of child and adolescent labourers.
* **Action Required:** Implement the amended rules, conduct awareness campaigns, constitute special task forces, and provide training to relevant officials.
**Child and Adolescent Labourers:**
* **Impact:** Increased protection from exploitation and hazardous work conditions, along with access to rehabilitation and educational opportunities.
* **Action Required:** Be aware of rights and protections afforded by the law, and report any violations to relevant authorities.
Key Entities Referenced
Child and Adolescent Labour (Prohibition and Regulation) Act, 1986: The central law that the amendments in this document relate to.
Tamil Nadu Child Labour (Prohibition and Regulation) Rules, 1994: The state rules which are being amended by this notification.
Labour and Employment Department: The department responsible for issuing the notification and managing the labour laws in Tamil Nadu.
Child and Adolescent Labour Rehabilitation Fund: A fund established under section 14B of the Act for rehabilitation of child and adolescent labourers.