(1) An accused person
(i) W ho commits an offence for the first time under sub-section (3) of Section 14; or
(ii) W ho 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.
130 tamil nadu government gazette [Part III-Sec.1(a)
(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; and
(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) 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) C hairperson 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;
(l) C hief 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 - Dec. 25, 2019] tamil nadu government gazette 131 (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) maintaining of records electronically or manually by the inspector for inspection and monitoring purpose relating to the details 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;
(c) compounding amount imposed and recovered; and
(d) 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;
(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;
(8) 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 132 tamil nadu government gazette [Part III-Sec.1(a) 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) Rules, 1994 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.”.
Md. NASIMUDDIN, Principal Secretary to Government.
printed and published by the Director of Stationery and printing , chennai on behalf of the Government of Tamil Nadu