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State of Odisha - Act

The Orissa Child Labour (Prohibition and Regulation) Rules, 1994

ODISHA
India

The Orissa Child Labour (Prohibition and Regulation) Rules, 1994

Rule THE-ORISSA-CHILD-LABOUR-PROHIBITION-AND-REGULATION-RULES-1994 of 1994

Published on 24 February 1994
Commenced on 24 February 1994
[This is the version of this document from 24 February 1994.]
[Note: The original publication document is not available and this content could not be verified.]

The Orissa Child Labour (Prohibition and Regulation) Rules, 1994Published vide Notification Orissa Gazette Extraordinary No. 226126-1994. S.R.O. No. 219/94 dated 24.2.1994S.R.O.No. 219/94. - Whereas the draft of the Orissa Child Labour (Prohibition and Regulation) Rules, 1993, was published as required by Sub-section (1) of Section 13 of the Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), in the extraordinary issue No. 1154 of the Orissa Gazette, dated the 23rd August, 1993 under the notification of the Government of Orissa in the Labour and Employment Department No. 9628-III-C-3-20/93-L. E., dated the 26th July, 1993, as S.R.O. No. 700/93 inviting objection and suggestions from all persons likely to be affected thereby till the expiry of a period of two months from the date of publication of the said notification in the Orissa Gazette.And whereas no objection or suggestion has been received from any person in respect of the said draft by the State Government during the aforesaid period.Now, therefore, in exercise the powers conferred by Sections 13 and 14 of the said Act, the State Government do hereby make the following rules, namely :

1. Short title and commencement.

(1)These rules, may be called the Orissa Child Labour (Prohibition and Regulation) Rules, 1994.

(2)They shall come into force on the date of their publication in the Orissa Gazette.

2. Definitions.

(1)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 Advisory Committee constituted under Sub-section (1) of Section 5;

(c)"Chairman" means the Chairman of the Committee appointed under Sub-section (2) of Section 5;

(d)"Form" means a form specified under these rules;

(e)"Register" means the register required to be maintained under Section 11;

(f)"Schedule" means the Schedule to the Act;

(g)"Section" means a section of the Act.

(2)All other words and expressions used in these rules but not define shall, have the same meaning as respectively assigned to them in the Act.

3. Working hours.

- The number of hours of work which shall constitute a normal working day as required under Sub-section (1) of Section 7 of the Act shall be four and a half hours with one hour rest after first three hours of work.

4. Maintenance of register under Section 11.

(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 yearly basis but shall be retained by the employer for a period of three years, after the date of the last entry made therein.

5. Certificate of age.

(1)All young persons in employment, or seeking employment in any of the occupations set forth in Part 'A' of the Schedule in or 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 appropriate 'Medical Authority' for the purpose of Sub-rule (1) shall be a Government Medical Officer not below the rank of an Assistant Civil Surgeon of a District or a regular doctor of equivalent rank employed in Employees' State Insurance Dispensaries or Hospitals.

(3)The certificate of age as referred to in Sub-rule (1) shall be issued in Form 'B' and no fee shall be charged for the same.

6. Prohibition of employment of child labour in dangerous operations.

- The following areas shall be deemed to be of dangerous character where the employment of Child Labour shall be prohibited, namely :

(a)dangerous machines, including power process other than hydraulic process, milling machines used in metal trades, guillotine machines, circular saws, plates and printing machines;

(b)work machinery in motion;

(c)self-acting machines;

(d)carrying of excessive weights beyond 16 Kgs. in case of male child and 13 Kgs. in case of female child;

(e)explosives;

(f)inflammable dust, gas, etc.;

(g)exposure to chemical and toxic substances ; and

(h)cotton ginning.

7. Protection of child labour.

(1)The establishments employing child labour shall provide the following protections in the following works for child labour, namely :

(a)Protection of eyes - Effective screening and suitable goggles shall be provided for protection of eyes in the following processes, namely :

(i)Welding or cutting of metals by means of an electric OZY-actylons or similar processes,

(ii)all works on furnaces where there is risk of exposures to excessive light,

(iii)processes relating to cutting or forging of metals, and

(iv)any other processes where there is risk to eyes;

(b)Fencing of machinery ;

(c)Protection from fire and explosive risks;

(d)Protection from leakage of inflammable liquids ; and

(e)Safety valves for closed vessels in which gas is passed and in which the pressure is liable to risk to a dangerous degree

(2)Adequate precautions shall be taken to prevent the emission of effluents which may be dangerous or poisonous.

(3)Breathing apparatus shall be provided in operations, where dangerous gas or fume is liable to escape.

8. Health measures.

(1)Every establishment shall be kept clean and free from effluvia arising from any drain, privy or other nuisance.

(2)Effective and suitable provisions shall be made in every establishment for securing and maintaining healthy atmosphere in work room by providing the following facilities, namely :

(a)adequate ventilation for the circulation of fresh air; and

(b)such temperatures as will require for the workers for reasonable conditions of comfort and prevention of injury to health.

(3)In every establishment effective arrangements, shall be made to provide and maintain at suitable points conveniently situated for all child labourers employed therein a sufficient supply of wholesome drinking water.

(4)In every establishment sufficient latrine and urinal accommodations shall be provided.

9. Safety education.

- Every establishment employing child labour shall impart sufficient safety education to the Child Labour before their engagement.Form 'A'Register to be maintained by Occupier Rule 4 (1)

Year.......................	Place of Work........................
Name and address of employer..........................
Nature of work being done by the Establishment

Sl. No.	Name of 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'[See Rule 5 (3)]Certificate of ageCertificate 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 :	Medical Authority
Date :	Designation

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