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Section 2B: Child to help his family without affecting education

The Tamil Nadu Child Labour (Prohibition and Regulation) Rules, 1994State Rules of Tamil Nadu · 2016

(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 task 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.

(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, in addition to parents, 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 of 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 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.

Where this provision sits

ActThe Tamil Nadu Child Labour (Prohibition and Regulation) Rules, 1994
Section2B
Marginal noteChild to help his family without affecting education
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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