ANDHRA PRADESH CHILD LABOUR (PROHIBITION AND REGULATION) RULES, 1995

PREAMBLE

In exercise of the powers conferred by sub-section (1) of Section 13 read with sub-section (1) of Section 18 of the Child Labour (Prohibition and Regulation) Act, 1986 (Central Act No. 61 of 1986), the Governor of Andhra Pradesh hereby makes the following rules for health and safety of the Children employed or permitted to work in any establishment or class of establishments, the same have been previously published as required under sub-section (1) of Section 18 of the Child Labour (Prohibition and Regulation) Act, 1986.

Rule - 1. Short title and Commencement:--

(1)     These rules may be called the Andhra Pradesh Child Labour (Prohibition and Regulation) Rules, 1995.

(2)     They shall come into force at once.

Rule - 2. Definitions:--

In these rules unless the context otherwise requires:

(a)      "Act" means the Child Labour (Prohibition and Regulation) Act, 1986 (Central Act 61 of 1986);

(b)      "Child Labour" means every Child who has not completed his fourteenth year of age and employed for wages on piece rate, weekly, daily, monthly basis or on contract basis;

(c)      "Government" means the Government of Andhra Pradesh;

(d)      "Section" means a section of the Act;

(e)      "Form" means a form appended to these Rules;

(f)       "Register" means the register required to be maintained under Section 11 of the Act;

(g)      "Inspector" means an inspector appointed under Section 17 of the Act;

(h)     "Establishment" means an establishment as defined in Section 2(iv) of the Act;

(i)       "Local Authority" means the Commissioner in the case of an area within the limits of a municipality or corporation, the Executive Officer in the case of an area within the jurisdiction of a Panchayat and the president of district board in the case of any other area;

(j)       "Occupier" means occupier as defined in Section 2 (vi) of the Act;

(k)      "Employer" means an employer as defined in Section 2 of the Plantation Labour Act, 1951 and in Section 2 of the Andhra Pradesh Shops & Establishments Act, 1988 (Act No. 20 of 1988).

Rule - 3. Cleanliness in the place of work and its freedom from nuisance:-

(1)     The work site or place where child labour is engaged for work shall be swept, washed and dried atleast once in a day to keep them adequately clean and free from slippery agents or substances giving offensive smell.

(2)     Where the floor of work site is liable to become wet in the course of any process, affective means of drainage shall be provided and maintained.

(3)     No rubbish filth or debris shall be allowed to accumulate or to remain on or near in a work site in such position that effluent can arise there from.

Rule - 4. Disposal of Waste and Effluents:--

(1)     In the case of work site where the child is engaged, the drainage system proposed to be connected to the public sewerage system, prior approval of the arrangement made shall be obtained from the local authority, as the State Government may appoint in this behalf.

(2)     In the case of a work site situated in a place where no public sewerage system exists, prior approval of the arrangement made for the disposal of waste effluents shall be obtained from the Public Health Authorities or the Local Authority or such authority as the State Government may appoint in this behalf.

Rule - 5. Ventilation and Temperature:--

Effective and suitable provision shall be made in every work premises for securing and maintaining in every work room adequate ventilation by the circulation of fresh air and such air and temperature shall be provided to child labour engaged therein so that reasonable conditions of comfort and prevent injury to health.

Rule - 6. Lighting:--

(1)     The place of every work site shall be provided and maintained with sufficient and suitable lighting, natural or artificial or both.

(2)     An efficient portable electric battery or torch with an efficiently protected bulb shall be available in a suitable place for emergency lighting.

Rule - 7. Drinking Water:--

The drinking water provided for drinking at the work site shall be supplied,--

(i)       From the taps connected with public water supply system; or

(ii)      From any other source approved in writing by the Health Officer;

(iii)     If drinking water is not supplied by the above mentioned source, it shall be kept in suitable vessels and renewed atleast daily. All practicable steps shall be taken to preserve the water and vessels free from contamination and to keep the vessels clean.

Rule - 8. Latrines and Urinals:--

(1)     Latrines and Urinals shall be provided separately for Male and Female Children and shall be situated so as to be conveniently accessible in every work site in sufficient number for the use of children at all times. The walls, ceiling and partitions of every latrine and urinal shall be made of glazed tiles as far as practicable and whenever they are not made of glazed tiles they shall be transparent washed once in three months.

(2)     All latrines and urinals provided shall be adequately lighted ventilated and at all times maintained in clean and sanitary conditions.

(3)     Every latrine shall be under cover and so partitioned off as to secure privacy and shall have a proper door and fastenings.

Rule - 9. Spittoons:--

The spittoons shall be either of the following types,--

(1)     A galvanized iron container with a conical funnel shaped cover, a layer of suitable disinfectant liquid shall always be maintained in the container.

(2)     A container filled with cleaned sand and covered with a layer of bleaching powder.

(3)     The spittoons mentioned under sub-rule (1) and (2) above shall be emptied, cleaned and disinfected atleast once in every day.

Rule - 10. Excessive Weight:--

No child shall be permitted to lift, carry or move by hand or head any weight exceeding the maximum limit of 10 kilograms.

Rule - 11. Protection of Eyes:--

Effective screens or suitable goggles shall be provided for the protection of children in any work site where they are employed in or in the vicinity of processes which involve risk of injury to the eyes from particles of fragments thrown off during the process or which involve risk of injury to the eyes by reasons of exposure to excessive light.

Rule - 12. Explosive or Inflammable Gas etc.:--

Every work site where child workers are employed shall be free from any inflammable substance or explosive gas, dust, etc.

Rule - 13. Precaution in case of Fire:--

(1)     Every work site shall be provided with adequate means of escape in case of fire for the children employed therein and these means of escapes are so positioned that each child will have reasonable, fair and unobstructed passage from his work site to those exists.

(2)     No exist intended to be used in case of fire shall be less than 21/2 ft. in width not less than 5 ft. 6 inches in height.

(3)     Every work site shall be provided and maintained with all possible fire extinguishing appliances at all times.

Rule - 14. Safety of Building and Machinery:--

Adequate measures shall be provided for proper safety of buildings and machineries where child is engaged.

Rule - 15. Hours and period of Work:--

(1)     No child shall be permitted to work in any establishment or class of establishments for more than three hours before he has had an interval for rest.

(2)     No child shall be permitted to work for more than six hours. These six hours will include the following.

--rest interval,

--time spent in waiting for work,

--2 hours spent for education and recreational activities.

Rule - 16. Weekly Holidays:--

Every child labour shall be entitled to one day in the week as a holiday, and for that holiday, the child labour shall be paid wages at a rate equal to the daily average of his wages for the days on which he has worked during the week immediately preceding the holiday.

Rule - 17. Medical Facilities to be Provided:--

(1)     Every employer or occupier shall provide the medical requirements of all the child labour employed.

(2)     Every employer or occupier shall get the medical checkup done every month of all the child labour employed.

(3)     Every employer or occupier shall maintain a Medical Register of all the Child Labour employed as in Annexure-I.

Rule - 18. In Cases of Accidents:--

(1)     Every employer or occupier shall be required to report to the concerned inspector about an accident of any child labour.

(2)     Every employer or occupier shall be required to bear all the medical expenses that may occur due to the accident.

(3)     Every employer or occupier shall maintain a register of all accidents and dangerous occurrences which occur in Annexure-II.

Rule - 19. Evidence as to Age of a Child Labour:--

(1)     In respect of a child in an establishment, the inspector of the area within whose jurisdiction the establishment is situated may, at any time, in writing require the employer or occupier to produce at his own cost within such time, not being less than ten days from the date of requisition one of the following documents showing the age of such child labour employed viz., a certified copy of any extract from.

(i)       The records of any school;

(ii)      The birth register of local authority;

(iii)     Certificate granted by any Government Medical and Health Officer.

(2)     In the case of employer's failure to produce either of the documents required under sub-rule (1) above, the inspector, shall at the cost of the employer arrange to get the medical checkup done or determine the age of the child labour employed, through medical examination by an Assistant Surgeon of a district or regular doctor of equivalent rank employed in E.S.I. Dispensaries or hospitals, wherever necessary. The Medical Authority shall issue the certificate in Form No. A appended to these Rules.

Rule - 20. Registers:--

Every employer or occupier shall be required to maintain in respect of children employed or permitted to work in any establishment a register to be available for inspection by an inspector at all times during working hours or when work is being carried on in any such establishments showing the particulars in Form No. B appended to the Rules.

Rule - 21. Letter of Appointment:--

Every employer or occupier shall be required to give a letter of appointment to every child labour employed by him in From C appended to the Rules.

Rule - 22. Powers of Inspectors:--

Subject to any rules made in this behalf, an inspector may within the local limits for which he is appointed enter, examine any premises which he has reason to inspect.

Every employer or occupier shall be required to make available for inspection by an inspector at all times during the working hours or when work is being carried all such registers as prescribed under these Rules.

Rule - 23. Return:--

Every employer or occupier shall furnish to the inspector on or before the 30th January of every following year, the annual return ending 31st December of the preceding year in Form No. D appended to the Rules in duplicate who will submit the same to the Labour Commissioner on or before 31st January of every year.

Rule - 24. Interpretation:--

If any difficulty arises as to interpretation of these rules, the decision of the State Government shall be final.

ANNEXURE-I

(See Rule 17(3))

Health Register

Sl. No.	Department/works		Name of the worker		Sex	Age (Last Birth-day		Date of Employment on present work	Nature of Job or Occupation
(1)	(2)		(3)		(4)	(5)		(6)	(7)
Raw Materials Product's or bye-products likely to be exposed to		Date of Medical Examination & the Results thereof					Signs and Symptoms observed During Examination		Nature of tests & Results thereof
		Date		Result (fit/unfit)
(8)		(9)		(10)			(11)		(12)

ANNEXURE-II

(See Rule 18(3))

Accident Book and Register of Accident and Dangerous Occurrences.................. 

Name of the Factory ................................................

Location of Postal Address of the Factory .................

Factory Licence No..................................................