[KERALA
CHILD LABOUR (PROHIBITION AND REGULATION) RULES, 1993][1]
(1)
These rules may be called the Kerala Child Labour
(Prohibition and Regulation) Rules, 1993. (2)
They shall come into force at once. (1)
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)
"Board" means the Medical Advisory Board
constituted under rule 5; (c)
"Chairman" means the chairman of the Medical
Advisory Board; (d)
"Forms" means the Forms appended to these
rules; (e)
"Government" means the Government of Kerala; (f)
"Register" means the register required to be
maintained under section 11 of the Act; (g)
"Schedule' means the schedule appended to the Act; (h)
"Section" means a section of the Act. (2)
The words and expressions used but not defined in these
rules but defined in the Act shall have the same meaning respectively assigned
to them in the Act. (1)
No child shall be employed or permitted to work in an
establishment or class of establishments, to which part III of the Act applies,
for more than four and a half hours in any day. (2)
Every employer shall display a notice of hours of work in
English and in a language understood by the majority of workers at a
conspicuous place in the establishment. (3)
No child shall be required or allowed to work on a day of
rest fixed for him. Every
occupier of an establishment in which the child was/is employed or permitted to
work shall send notice thereto, to the inspector having jurisdiction over the
area in Form A. The
government shall constitute a Medical Advisory Board for consultation regarding
matters connected with the provision of medical facilities. The
Board shall consist of: (1)
The Secretary to Government in the Labour Department who
shall be the Ex-Officio Chairman of the Board; (2)
Two Medical Officers not below the rank of District
Medical Officer to be nominated by the Government; (3)
Two representatives of the employers to be nominated by
the Government: (4)
Two representatives of the employees to be nominated by
the Government; (5)
An Officer not below the rank of Joint by the labour
Commissioner to be nominated Government, who shall be the Convener of the
Board. (1)
A non-official member of the Board shall hold office for
a period of three years from the date of nomination unless he resigns his
office or dies earlier or removed from office by Government for reasons to be
recorded in writing. (2)
The official members of the Board nominated under item
(v) of rule 6 shall hold office during the pleasure of the Government. (3)
The non-official member of the Board nominated to fill
casual vacancy shall hold office for the remaining period of the term of office
of the member in whose place he is nominated. Every
non-official member of the Board shall be entitled to draw travelling and daily
allowances at the rates applicable to Class I Officer of the Government for
journeys performed, for attending the meetings of the Board. (1)
The Board shall advise the Government as regards the
Standards of medical facilities to be provided by the employers under rule 14. (2)
The Board shall consider and report on any matter
connected with the provisions of medical facilities which may be referred to by
the Government or the Chairman of the Board. The
Chairman shall call a meeting of the Board once in six months: Provided
that on a requisition in writing from not less than one half of the members,
the Chairman shall call a meeting within fifteen days from the date of the
receipt of such requisition. The
Chairman shall fix the date, time and place of every meeting and a notice in
writing containing the aforesaid particulars along with a list of business to
be conducted at the meeting shall be sent to each member by registered post at
least fifteen days before the date fixed for the meeting: Provided
that in the case of a meeting convened under the proviso to rule 10 notice of
only seven days may be given to every member. (1)
The Chairman shall preside at the meetings of the Board. (2)
In the absence of the Chairman at any meeting, the
members shall elect from amongst themselves by a majority of votes a member who
shall preside at such meeting. No
business shall be transacted at any meeting unless at least one third of the
members and at least one representative each of both the employers and the
employees are present: Provided
that if at any meeting, the number of members present is less than the required
quorum, the Chairman shall adjourn the meeting to a date not later than seven
days from the date of the original meeting informing the members of the date,
time and place of the adjourned meeting and it shall thereupon be lawful to
dispose of the business at such adjourned meeting irrespective of the number or
class of members present. (1)
At every establishment, where children are employed,
First-aid Box containing necessary equipments shall be provided. Every
First-aid Box shall be clearly marked "First-Aid" and shall be kept
stocked and in good order. (2)
At every establishment where more than 150 children are
employed. A dispensary shall be provided and maintained with such equipment and
drugs as the Government may direct. (3)
The dispensary shall be in charge of a qualified medical
practitioner assisted by such staff as the Government may direct. (4)
The dispensary shall have a floor area of at least 250
square feet and smooth, hard and impervious walls and floor and shall be
adequately ventilated and lighted by both natural and artificial means. An
adequate supply of wholesome drinking water shall be provided. (1)
Every occupier of an establishment shall maintain a
register in respect of the children employed or permitted to work at
establishment in Form B. (2)
The register shall be maintained on 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 occupation
set forth in part A of the Schedule to the Act or in any workshop wherein any
of the processes set forth in Part B of the Schedule thereto is carried on,
shall produce a certificate of age from the appropriate medical authority,
wherever required to do so by an Inspector. (2)
The certificate of age referred to in sub-rule (1) shall
be issued in Form C. (3)
The charges payable to the medical authority for the
issue of such certificate shall be the same as prescribed by the Government or
the Central Government, as the case may be, for their respective Medical Board. (4)
The charges payable to the medical authority shall be
borne by the employer of the young person whose age is under question. Explanations-For
the purposes of sub-rule (1) the appropriate "Medical authority"
shall be a Government Medical Officer not below the rank of an Assistant Surgeon
of a district or an officer of equivalent rank employed on a regular basis in
Employees State Insurance dispensaries or hospitals. An
abstract of sections 3 and 14 of the Act shall be displayed in Form D appended
to these rules. [1]
Issued under G.O. (MS) No. 86/93/LBR dt. 22-10-93 pub. in
K.G. Ex. No. 1092 dt. 28-10-1993 as SRO 1684/93.KERALA CHILD LABOUR (PROHIBITION AND REGULATION) RULES,
1993