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 equality of votes, the Chairman, or in the absence of Chairman, the member presiding at 4 the meeting, as the case may be, shall have a second or casting vote.
15. Sub-committees —The committee may consitute 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 section 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.
17. Health and Safety —
(1) Cleanliness in place of work in all establishments wherein children are permitted to work under the Act – arrangement shall be provided for cleanliness so that the work place is free from effluvia arising from drain, pring or other nuisance and in particular dirtwaste (solid/liquid) as a result of their accumulation during the course of manufacturing process, where due to the manufacturing process, the floor is liable to get wet to an extent capable of being drained, effective means of drainage shall be provided and maintained
(2) Disposal of Wastes and Eff luents – In all such establishments whereby the very nature of process and methods adopted lead to generation of wastes and effluents, for such effluents, whether solid, liquid or gaseous, a waste treatment and disposal scheme shall have to be approved by the authority declared under the Act.
(3) Ventilation and Temperature — In every establishment, effective arrangement shall be provided for circulation of fresh air and exhaust of impure air either by natural or mechanical devices so that the health of child workers may not be adversely effected.
(4) Dust and Fumes — In any of the establishment if dusts and fumes are generated and the possibility of their remaining in work environment which can adversely effect the health of children permitted to work under the Act, effective devices shall be provided to prevent their generation and/or for their egress.
(5) Artificial humidification — In all establishments where children are permitted to work under the Act, the standard of artificial humidification shall follow in accordance with the provisions as contained in Rules 17, 18, 19 and 20 of the Bihar Factories Rules, 1950.
(6) Lighting — Proper lighting facilities are required, in every establishment where children are permitted to work under the Act. The intensity of illumination should not be less than foot candle in general and of three feet candle at the work place.
(7) Drinking water — The quantity of drinking water for children employed in an establishment shall be at least one gallon for each child worker. The water provided for drinking shall be supplied – (a) from a public supply system, and/or (b) from any other source approved in writing by the Health Officer. Drinking water shall be kept in suitable and clean vends having covers.
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(8) Latrines and Urinals — In every establishment, where children are permitted to work under the Act, shall have provisions of a sanitary type latrines and urinals and shall have arrangement of its clearing every day and the supply of light and water there to. For a group of every 25 children employed, there shall be one latrine and one urinal.
(9) Spittoons — In every establishment where children are permitted to work, spittoons in sufficient number should be provided which shall be kept in clean and hygienic conditions.
(10) Fencing of machinery — In each establishment where installed machines are operated, no child worker shall be allowed to make examination of or lubricate the machines unless moving parts of the machine are fenced by safeguards of substantial construction.
(11) Work at or near a machinery in motion —The child worker shall work in an establishment under the strict supervision of trained persons.
(12) Employment of children on dangerous machines —No child shall be allowed to work or operate at dangerous machine. If it becomes extremely necessary to take work from a child on dangerous machine he shall be permitted when the following arrangements are ensured – (a) he shall be apprised of dangerous operation risk and hazards involved in the machine, and (b) he shall be allowed to work under strict guidance and supervision of experienced supervisors.
(13) Devices for cutting-off power — In every establishment where children are permitted to work under the Act, suitable device for cutting off power in machines under emergant situation shall be provided and maintained. Such devices shall be installed at suitable and convenient position in order that the same is accessible to a child worker.
(14) Selfacting machines — No traversing part of a selfacting machine and material carried in a factory shall, if a space is there over which a child worker is liable to pass, whether in the course of his employment or otherwise, be allowed to run for its outward or inward, traverse within a distance of 45 centimeters from any fixed structure which is not a part of the machine.
(15) Casing of new machinery — In all establishments where children are permitted to work, all installed machineries driven with power shall be effectively encased and guarded.
(16) Floors, stairs and means of access — In all establishments where children are permitted to work under the Act :
(a) All floors steps stairs, passages and gangways shall be of sound construction and properly maintained, which shall be kept free frqm obstruction and if it becomes necessary to ensure safety, gangways shall be provided with hand rails and toe boards.
(b) There shall, as far as practicable, be provided with safe means of access to every place where child worker is required to work.
(c) When a child is required to work at a height where from he may fall, provisions shall be of fencing or otherwise to ensure the safety of child worker.
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(17) Pits, Sumps, Opening in f loors, etc. — In an establishment where a child worker is permitted to work, every fixed vessel, sump, tank, pit or opening in the ground or in a floor, which by reason of its depth, situation, construction or contents is or may be a source of danger, shall be either security convered or fenced.
(18) Excessive weight — No child worker shall be employed in an establishment to lift more than 14 Kgs. of any material in case of a male child and 12 kgs. of material in case of a female.
(19) Protection of eyes — No child while working in an establishment, shall he allowed to work, where there is risk of adverse effect on their eyes but the child may be allowed to work under strict supervision with suitable goggles or eye protector.
(20) Explosives or inf lamable dust, gas etc. — No child worker shall be allowed to enter any chamber, tank, pipe or other confined space in which any gas, fume, vapour which is toxic or explosive, is likely to be present.
(21) Precautions in case of Fire — In every establishment, there shall be emergency exits in adequate numbers of a size not less than 3’ x 6’-6”, the doors of which shall be kept unobstructed and shall open outwards.
(22) Maintenance of buildings — If it appears to the Inspector that any part of the establishment is in such a state of disrepair as is likely to lead to condition detrimental to the health and welfare of a child worker, he may serve on the occupier or manager or both of the establishment an order in writing specifying the measures, which in his opinion should be taken requiring the same to be carried out before such date as is specified in his order.
(23) Safety of buildings and machinery —
(a) No building wall, chimney, bridge, tunnel, drain, road gallery, passage, walkways or gangways ladder, staircase ramps, floor platforms, staging or any other structure of bricks, cement, concrete, steel or any other material whether of a permanent or temporary nature, shall be constructed, situated and maintained or allowed to remain or be used in an establishment and any machine plant, equipment including electrical lines, wiring, fitting and apparatus (as defined in clause (e) of the Rule 2 of the Indian Electricity Rules, 1956) shall be constructed, provided, situated, maintained or allowed to be used operated in an establishment in such manner as may or is likely to cause any accident or bodily injury to a child worker.
(b) No materials, articles or equipments, shall be kept stalled or stored in such manner as may or is likely to cause any accident or any bodily injury to a child worker permitted to work in such an establishment.
(24) Instructions, training and supervision in relation to employment of children on dangerous machines — No child shall operate any dangerous machine without proper traning and instruction. If it becomes necessary to take work from a child worker on dangerous machine the same shall be done only after the following is ensured –
(a) They shall be apprised of the dangerous operation and hazards involved.
(b) They are suitably guided to operate the machine safely and correctly.
(c) They work under the supervision of a competent experienced person.
18. Hours and Period of Work —
(1) No child shall be required or permitted to work in any establishment more than six hours including intervals of rest of an hour.
(2) The period of work on each day shall be so fixed that a child shall not work for more than three hours before interval of rest for at least an hour.
(3) The period of work of a child shall be so arranged that inclusive of his interval of rest, under sub-rule (2), it shall not be spread over more than six hours, including the time spent in walling for work on any day.
(4) No child shall be permitted to work between 7 p.m. and 8 a.m.
(5) No child shall be required or permitted to work overtime.
(6) No child shall be required or permitted to work in any establishment on any day on which he has already been working in another establishment.
19. Certificate of Age —
(1) All young persons in employment in any of the occupations setforth in part A of the Schedule or in any workshop wherein any of the process 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 for their respective Medical Boards.
(4) The charges payable to the medical authority shall be borne by the employer of the young person whose age is under question.
Š Š Š Year ......................................................
FORM “A” [See Rule 16(1)] Name and address of Employer ..................................................................................................................................... ................................................................................... Place of Work ............................................................................................
Nature of work being done by the Establishment ............................................................................................................................. .................................................................................................................................................... ..............
SL.
No.
Name of the Child Father’s Name Date of Birth Permanent Address Date of joining the Establishment Nature of work on which employed Daily hours of work Intervals of Rest Wages Paid Remarks 1 2 3 4 5 6 7 8 9 10 11 FORM ‘B’ Certificate of Age [See Rule 19(2)] Certificate No. ........................................................................
I, hereby certify that I have personally examined (name) .......................................................................................................
....................................................................................... ............ son/daughter of ...................................................................................................... . residing at ........................................................................................................ .................................................................................... and that he/she has completed his/her fourteenth year and his/her age, as nearly as can be ascertained from my examination is ..................................................................... years (completed).
His/her descriptive marks are .........................................................................................................................................................................................
...................................................................................................................................
Thumb impression/Signature of child : ..........................................................................................................................................................
Place ...................................................
Date ..............................................................................................
Medical Authority Designation
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 hospital or any ‘Certifying Surgeon’ notified under section 10 of the Factories Act, 1948.
[2/F1-607/95L, E&R-94] By order of the Governor of Bihar GANESH SHANKER KHARGA, Under Secretary to Government.