THE CHILD
LABOUR (PROHIBITION AND REGULATION) RULES, 1988
CONTENTS
PART I
Preliminary
1. Short title
and Commencement
2. Definitions
3. Term of
Office of the members of the Committee
5. Allowance to the non -official members
6. Registration
7. Removal of Chairman or member of the Committee
9. Filling up
of casual vacancies
10. Time and
Place of meetings
13. Quorum
15. Sub-Committees
16. Register to
be maintained under Sec. 11 of the Act.
CHILD
LABOUR (PROHBITION AND REGULATION) RULFS, 1988
G.S.R.847
(E), dated 10th August, 1988. In exercise of the powers conferred by
sub-section (1) of Sec. 18 of the said Act, the Central Government hereby makes
the following rules, namely.
1. Short title and commencement.
-
(1) These rules may be called the Child Labour
(Prohibition of Regulation) Rules, namely;
(2) They
shall come into force on the date of their publication in the official Gazette.
[Published on 10th August 1988] Child Labour (Prohibition of
Regulation) Rules, 1988.
2. Definitions. - In
these rules, unless the context otherwise requires, -
(a) Act
means the Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986);
(b) Committee
means the child Labour Technical Advisor Committee constituted under
sub-section (1) of Sec. 5 of the Act,
(c) Chairman
means the Chairman of the Committee appointed under sub-section (21) of Sec.5
of the Act-,
(d) Form
means a form appended to these rules;
(e) Register
means the register required to be maintained under Sec.11 of the Act;
(f) Schedule means
the schedule appended to the Act;
(g) Section means a
section of the Act;
3. Term of office
of the members of the Committee. -
(1)
The term of office of these members
of the Committee slide be one year from the date on which their appointment is
notified in the official Gazette:
Provided that the Central Government may extend the term of office of
the member of the Committee for a maximum period of two years:
Provided further that the member
shall not-with-standing the expiration of his term, continue to hold office until
his successor enters upon his office.
(2) The members appointed under sub- rule (1)
shall be eligible for reappointment.
4. Secretary to
the Committee. - The Central Government may appoint an officer not below the rank of an
Under- Secretary to the Government of India as Secretary of the Committee.
5. Allowances to non- official
members. - The non-official members and Chairman of the Committee shall be paid
such fees and allowances as may be admissible to the officers of the Central
Government drawing a pay of rupees four thousand and five hundred or above.
(1) A member may resign his office by
writing under his hand adder to the Chairman.
(2) The
Chairman may resign Ws office by writing under his land addressed to the
Central Government.
(3) The
resignation referred to in sub-rules (1) and (2) shall take effect from the
date of its acceptance or on the expiry of thirty days from the date of receipt
of such resignation whichever is earlier, by the Chairman or the Central
Government as the case may be.
7. Removal of
Chairman or member of the Committee. - The Central Government may remove the Chairman or
any member of the Committee at any time before the expiry of the term of office
after giving him a reasonable opportunity of showing cause against the proposed
removal.
8. Cessation of
membership. - If a
member-
(a) Is absent without leave of the Chairman
for three or more consecutive meeting of the Committee: or
(b) Is
declared to be of unsound mind by a competent Court: or
(c) Is or has been convicted of any offence
which, in the opinion of the Central Government, involves moral turpitude: or
(d) Is, or at any time, has been adjudicated
insolvent or has suspended his debts or his compounded with his creditors,
shall cease to be a member of the Committee.
9. Filling up of
casual vacancies.- In case a member resigns
his office under rule 6 or ceases to be a member under rule 8, the casual
vacancy thus caused shall be filled up by the Central Government and the member
so appointed shall hold office for the unexpired portion of the term of his
predecessor.
10. Time and place
of meetings - The Committee shall meet at such times and Places as the Chairman may
fix in this behalf
11. Notice of
meetings. -
The Secretary to the Committee shall give at least seven days notice to every
member of the Committee of the time and place fixed for each meeting along with
the list of business to be transacted at the said meeting,
12. Presiding at
meetings. -
The Chairman shall preside at every meeting of the Committee at which he is
present; if, however, the Chairman is unable to attend a meeting, any member
elected by the members present among themselves preside at the meeting,
13. Quorum. - No businesses shall be at a meeting of the Committee unless at least
three members of the Committee other than the Chairman and the Secretary are
present
Provided that a any meeting in which less than three of the total
members are present, the Chairman may adjourn the meeting to a date as he deems
fit and inform the members present and notify other members that the business
of the schedule meeting shall be disposed of at the adjourned meeting
irrespective of the quorum and it shall be lawful to dispose of the business at
such adjourned meeting irrespective of the number of members attending the
meeting
14. Decision by
majority. -
All questions considered at a meeting of the Committee shall be decided by a
majority of votes of the members present and voting and in the event of quality
of votes, the Chairman or in the absence of Chairman the member presiding at
the meeting, as the case may be, shall have a second or casting vote.
15. Sub-committees. - The Committee may constitute one or more Sub-Committees, whether
consisting only of members of the Committee or partly of members of the
Committee and partly of other persons as. it thinks fit, for such purposes, as
it may decide and any Sub-Committee so constituted shall discharge such
functions as may be delegated to it by the Committee.
16. Register to be maintained under Sec. 11 of the Act. -
(1)
Every occupier of an establishment
shall maintain a register in respect of children employed or permitted to work,
in form A.
(2) The register shall be maintained on a
yearly basis but shall be retained by the employer for a period of three years
after the date of the last entry made therein.
(1)
All young persons in employment in
any of the occupations set-forth in Part A of the Schedule or in any workshop
wherein any of the processes set-forth in Part B of the Schedule is carried on,
shall produce a certificate of age from the appropriate medical authority,
whenever required to do so by an Inspector.
(2) The certificate of age referred to in
sub-rule (1) shall be issued in form B.
(3) The
charges payable to the medical authority for the issue of such certificate
shall be the same as prescribed by the State Government or the Central
Government, as the case may be for their respective Medical Boards.
(4) The charges payable to the medical
authority shall be some by the employer of the young person whose age is under
question.
Explanation. - For the purposes of
sub-rule (1), the appropriate Medical Authority shall be 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.
[See Rule 16 (1)]
Year
Name and address of employer
Place of
work
.
........................................ Nature
of work being done by the establishment
..
.......................................................................
|
SI.
|
Name
of Child |
Fathers
Name |
Date
of Birth |
Perman-ent
Address |
Date
of joining the establish ment |
Nature
of
work on which employed |
Daily
hours of work |
Inter vals
of rest |
Wages
paid |
Re- marks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
Certificate of Age
See Rule 17 (2)
Certificate No
I hereby certify that
I have personally examined (name
Son\ daughter
of
. residing at
... and
That
he /she completed his\ her fourteenth year and his \ her age, as nearly as can
be pertained from my examination, is years (completed).
His/ her descriptive
marks are
Thumb impression/ signature of
child
Place
. Medical Authority
Designation.
Date