REGISTERED NO. D. (D.N.) 127 The Gazette of India EXTRAORDINARY
PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 429] NEW DELHI, WEDNESDAY, AUGUST 10,1988/SRAVANA 19, 1910 Separate Paging is given to this Part i s order that it may be filed as a separate compilation 2051 GI/88 (1) 2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] 3 4 THE GAZETTE OF INDIA : EXTRAORDINARY [PARS' H-SSBC. 3$J MINISTRY OF LABOUR New Delhi, the 10th August, 1988 G.S.R. 847(E):—WHEREAS the draft of certain rules was published as required by sub-section (1) of section 18 of the Child Labour Prohibitions and Regulation) Act, 1986 (61 of 1986), in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 8th October, 1987, andei the notification of the Gosternment of India in the Ministry of Labour, No., G.S.R. .845(E)> dated the «th October, 1987, inviting objections and suggestions from all persons likely to be affected thereby till the expiry of a period.of thirty days from the date of publication of the said notification in the Official Gazette;
AND WHEREAS the said Gazette was made available to the public on the 4th November, 1987;
AND WHEREAS the objections and suggestions received from the public on the said draft have been considered by the Central Government;
NOW THEREFORE, in exercise of the powers conferred by sub-section (1) of section 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 and Regulation) Rules, 1988. ;
(2) They shall come into force on the, date of their publication in the Official Gazette.
2, Definitions :-In these rules, unless the. context otherwise requires,-
(a) ."Act" means the Child Labour; (Piohibition and Regulation) Act, 1986 (61 of 1986);
• (b) "Committee" means the Child Labour Technical Advisory Committee constituted under sub-section (1) of section 5 of the Act;
(c) "Chairman" means the Chairman of the Committee appointed under sub-section (2) of section 5 of the Act; . ' • ' . •
(d) "Form" mea'hs a Form appended to these rules;
(e) "register" means the register required to be maintained under section 11 of the Act;
(f) - "Schedule" means the Schedule appended to the Act;
(g) "section" means a section of tne Act.
5
3. Terra of office of the membeisof the Committee: (r)The termof o cc of the members of the Committee shall be one year from the date on which their appointment is notified-in the Official Gazette:
Provided that the Central Government may extend the teim of office of the member of the Committee for a maximum period of two years:
Provided further that the member shall, notwithstanding the expiration of his term continue to hold office until his successor enters upon his office.
(2) The members appointed under sub-rale (1) shall be eligible for reappointinent.
4. Secretary to the Committee: Tne 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 sail 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 ot above.
(a. Resignation : (1) A member may resign his office by writing, under his hand addressed to the Chirman.
(2) The Chairman may resign his office by writing under his hand addressed to the Central Government.
(3) The resignation referred to in sub-rule (1) and sub-rule (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 anytime before the expiry of the term of office after gving him a reasonable opportunity of showing cause against the proposed removal.
8. Cessation of membership: If a member :—
(a) is absent without leave the Chaiiman for three oi more consecutive meetings of the Committee; or
(b) is declared to be of unsound mind by a competent court; or
(c) is <?f has been convicted of any offence which, in thex>pinion of the Central Government, involves moral turpitude; or
(d) is;or at any time, has been adjudicated insolvent or has suspended hisdebtsoi has compounded •with his creditors", shaU cease to be a member of thê ^ 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 sh&U 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 akragwith the list of business to be transacted at t te said meeting.
12. Presiding at meetings: The Chairman shall preside at every meeting of the Committee at which he is present* if, howevei, the Chairman is unable to attend a meeting, any member elected by the members present among themselves shall preside at the meeting.
13. Quorum: No business shall be transacted at a meeting of the Committee unless at least three members of the Gopimittee other than the Chairman and the Secretary are present:
Provided that at 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 membeis present and notify other members that the business of the scheduled meeting shall be disposed ef at the adjourned meeting irrespective of the quorum and it sh£ 11 be laswful to dispose of the business at such adjourened 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 vctes 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 the meeting, as the case may be shall have a second or castms vote 2051 GI/88—2 6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SBC. 3(i)J
15. Sub-Committees: The Committee may constitute one or more Sob-Committees, whether consisting only ofmembersof the Conimittee or partly of members of the Committee and partly of other persons as it thinks fit, foi such purposes, as it may decide and any Sub-Committee so constituted fshall 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 peimit ted to work, in Form A.
(2) The register shall be maintained on a yearly basis but thall be retained by the employer for a period of three years after the date of the last entry made therein.
17. Certificate of age: (I) 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 m 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 ibe issued in Form 'B'!
(3) The charges payable to the medical authority for the issue of such certificate shall he the same as prescribed by the State Government or the Central Government, as the care may be for their respective Medical Boards.
(4) The charges payable to the medical authority shall be borne by the employer of the young person whose ago is undei 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.
FORM 'A' [See rule 16 (lj] Year . . . . . . .
Name and address of employer Place of work Nature of work being done by the establishment.. .\ . . . . .
SI.
No.
Name of Child 2 Father's Name 3 • /. • Date of Birth 4 Permanent Address 5 Date of joining the establishment.
6 Nature of work on which employed.
7 Daily houts of work 8 Intervals of rest 9 Wages padd 10 Remarks 11 FORM 'B' (CERTIFICATE OF AGE) [See rule 17(2)] Certificate No...
I hereby certify that I have personally examined (name> son/daughter of residing a t . . . : jand that he/she has completed his/her fourteenth year and his/hei age, as nearly as can be ascertained from my examination, is .years (completed).
His/her descriptive marks are .".
Thumb-impression/signature of Child . f.
Place. Medical Authority Date. Designation [File No. S-27025/59/86-CLJ Director (MEENA GUPTA) Printed by the Manager, Govt. of India Press, Ring Road, New Delhi-110064 and published by the Controller of Publications, Delhi-110054, 1988