Power to make rules

(1) The State Government may, by notification in the Official Gazette make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide, for all or any of the following matters, namely:- (a) the functions of the committee referred in section 3 of this Act; and (b) any other matter, which is to be or may be prescribed, under this Act. (3) Every rule made under this section, shall be laid, as soon as may be, after it is made, before the house of the State Legislature while it is in session for a total period of ten days, which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which, it is so laid or the successive sessions as aforesaid, the house agrees in making any modification in the rules or the house agrees that the rules should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule. In the said rules, after rule 9, the following rules shall be added, namely:- “10. Persons who may file complaint.- Any person who may file a complaint under the Act for commission of any offence include school teachers and representatives from school management committee, child protection committee, 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. 11. 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 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 proceeding shall be continued as specified under sub-section (2) of section 14D. 12. Duties of District Magistrate.- (1) The District Magistrate shall,- (i) specify such officers subordinate to him, as he considers necessary, to be called 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; (c) Additional District Magistrate for the purposes of his local limits of jurisdiction; (d) nodal officer referred to under clause (i) for the purposes of his local limits of jurisdiction; (e) Assistant Labour Commissioner/Labour-cum-Conciliation Officer for the purposes of his local limits of jurisdiction; (f) two representatives each from a voluntary organization involved in rescue and rehabilitation of employed children and/or adolescents in the district on rotation basis for a period of two years; (g) a representative of the District Legal Services Authority to be nominated by the District Judge; (h) a member of the District Anti-trafficking Unit; (i) Chairperson of the Child Welfare Committee of the District; (j) District Child Protection Officer in the District under the Integrated Child Protection Scheme of the Ministry of the Government of India dealing with women and child development; (k) District Education Officer; (l) any other person nominated by the District Magistrate; (m) Secretary of the Task Force shall be any of the nodal officers referred to in clause (i) and nominated by the 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) the Juvenile Justice (Care and Protection of Children) Act, 2015 (Central Act 2 of 2016) and the rules made thereunder; (ii) the Bonded Labour System (Abolition) Act, 1976 (Central Act 19 of 1976); (iii) the Central Sector Scheme for Rehabilitation of Bonded Labourers, 2016; (iv) any National Child Labour Project; (v) 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. 13. 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 securing the compliance with the provisions of the Act; and (iii) report 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. 14. 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 is prohibited and hazardous occupations or processes are carried out; (ii) the intervals at which an Inspector shall report to the State Government 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 electronically or otherwise of,- (a) children and adolescents 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;"