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Section 2E: Payment of Amount to Child or Adolescent from and out of Child and Adolescent Labour Rehabilitation Fund

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

(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.

Dec. 25, 2019] tamil nadu government gazette 129

(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.”;

(4) for rule 3, the following rule 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 not below 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.

Explanation.- For the purposes of this rule, “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.”;

(5) 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.

Where this provision sits

ActThe Tamil Nadu Child Labour (Prohibition and Regulation) Rules, 1994
Section2E
Marginal notePayment of Amount to Child or Adolescent from and out of Child and Adolescent Labour Rehabilitation Fund
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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