The Employment of Children Rules, 1995

Updated: Sunday March 23, 2014/AlAhad Jamada El Oula 22, 1435/Ravivara Chaitra 02, 1936, at 02:35:17 AM

The Employment of Children Rules, 1995

[Gazette of Pakistan, Extraordinary, Part II, 17th May, 1995]

[May 17, 1995]

S.R.O. 387(1)/95, dated 17-5-1995. ---In exercise of the powers conferred by sections 13 and 18 of the Employment of Children Act, 1991 (V of 1991), the Federal Government is pleased to make the following rules:--

1. Short title and commencement. --- (I) These rules may be called the Employment of Children Rules, 1995.

(2) They shall come into force at once.

2. Definitions. ---in these rules, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them that is to say,---

(a) ‘Act’ means the Employment of Children Act, 1991;

(b) certifying surgeon’ means a registered medical practitioner appointed as certifying surgeon under section 12 of the Factories Act, 1934 (XXV of 1934);

(d) ‘Government’ means the Federal Government;

(e) ‘section’ means a section of the Act;

3. Notice of period of work.---(1) The occupier shall send a notice of period of work in respect of the adolescent and child workers to the Inspector of the area before commencement of work in the establishment in Form ‘A’:---

Provided that in respect of those establishments which were already in existence before the commencement of the Act and promulgation of these rules, the notice shall be sent within a period of thirty days from the date of promulgation of these rules in Form A-1.

(2) The notice of period of work shall be,---

(a) in form ‘B’ when all the adolescent and child workers in an establishment are required to work within the same period and when the periods of work are the same on each working day of the week; and

(b) in Form ‘ B-1’ when all the adolescent or child workers in an establishment are required to work within the same periods and when the periods are the same on five working days in a week and shorter on sixth day;

(3) The notice of period of work shall be displayed painted in bold letters in English as well as in vernacular language at the main entrance of establishment.

4. Certificate of fitness. ---(1) A certifying surgeon shall, on the application of any child or adolescent who wishes to work in an establishment on which the provisions of Act are applicable, or, of the parent or guardian of such person, or of the occupier of the establishment in which such person wishes to work, examine such person to ascertain his age and fitness to work.

(2) The certifying surgeon, after examination, may grant to such person, in form ‘C’, a certificate of fitness to work in an establishment as a child worker if he is satisfied that such person has completed his twelfth year of age but has not yet reached his fourteenth year of age and a certificate of fitness to work in an establishment as an adolescent if he is satisfied that such person has completed his fourteenth year of age, but has not completed his eighteenth year.

(3) The Inspector in the absence of a certificate of age in respect of a person working in an establishment shall refer him to the certifying surgeon for ascertaining the age and issuance of certificate. And fee to the certifying surgeon shall be paid by the occupier.

5. Register of Child Workers. --- (1) The register to be maintained under section 11 shall be in form ‘D’.

(2) The register shall be preserved for three years from the date of commencement of work.

(3) The register prescribed under this rule shall always be available, and if it is not produced on demand made by the Inspector, the occupier of the establishment shall be responsible for its non-production, whether he was present in the establishment at the time of demand or not.

6. Cleanliness in the place of work and its freedom from nuisance. ---(1) No rubbish, filth or debris shall be allowed to accumulate or to remain in any Part of the establishment, in such position that effluvia there from arises.

(2) In every establishment all drains carrying waste or sullage water shall be constructed in mason or other impermeable material and shall be regularly flushed at least once a day and where possible connected with some recognized drainage line.

(3) The floor of the rooms and the compound surrounding every factory and workshop shall be maintained in a strictly drained and clean condition.

(4) Proper arrangements shall be made for maintaining in a reasonably clean and drained condition all working and bathing places and the places where drinking water is distributed to the workers of the establishment.

7. Ventilation and Temperature. ---(1) In every establishment proper ventilation in work places shall be provided so as to admit a continuous supply of fresh air/cool air.

(2) In every establishment where injurious, poisonous or asphyxiating gases, dust or other impurities are evolved from any process carried on, in such establishment, all practicable measures to the satisfaction of Inspector shall be taken to protect the workers against inhalation of such gases, dust or other impurities.

8. Lighting.---(1) As long as many workers are present in an establishment, the latrines, passages, stairs, hoists, ground and all other parts of the establishment in so far as the entrance of the said places is not closed, shall be lighted in such manner that safety is fully secured in passing through or remaining in the same.

(2) The luminance in any part of the work area must not be below 300 Lux.

9. Drinking Water ---(1) In every establishment the arrangements of drinking water for the child and adolescent workers shall be provided free of charge in the manner prescribed under the Factories Rules, 1975.

(2) The Inspector may, by order in writing, require the occupier to obtain reports, at such time or at such intervals as may be specified in the order regarding the fitness or otherwise for the purpose of drinking water supplied to child or adolescent workers from a competent health authority.

(3) The Inspector may, if he thinks fit, himself take a sample of water supplied to child workers in any establishment and direct the occupier of such factory to obtain a report thereon and the occupier shall thereupon obtain a report on such sample and supply a copy of such report to the Inspector through registered post, within fifteen days of the directions given to him in, this behalf.

10. Latrines/Urinals/Washing/Accommodations.--The Urinals and latrines required to be provided under this rule shall be located in accessible places within the precincts of the factory and each such urinal and latrine shall be separated from any adjoining urinal or latrines by a partition wall not less than six feet in height.

11. Pre-cautions against Fire.-(1) Every establishment shall be provided with,---

(a) ample supply of water maintained at a sufficient pressure to reach all parts of the establishment together with the masonry hose-pipe and hydrants for making effective use of the water during the time the factory is in operation; and;
OR

(b) fire-buckets and chemical fire-extinguishers at the rate prescribed under the Sindh Factories Rules, 1975.

12. Fencing of Machinery. ---(I) All shafts, couplings, collars, clutches, toothed wheels, pulleys, driving straps, chains, projecting set screws, keys, nuts and belts on revolving parts, except such as are in the opinion of Inspector by Constructions or position equally safe to every person employed in the establishment, shall be securely fenced if in motion and within reach of a child worker.

(2) The underside of all heavy overhead main driving belts or ropes if there is any probability of persons having to pass under them, shall be securely fenced.

(3) No child worker shall be allowed to work on the following operations of machines when in motion,---

(a) lathes, shaping, slating and milling machines;

(b) platen machine and gelating cutting machine;

(d) operation of hoist;

(e) operation of band saw or circular saw;

(f) in blow loom of textile mills;

(g) near cotton openers, combined openers, sketchers, lap machines, hard waster breakers, and carding machine; and

(h) welding plant.

(4) All electrical circuits or part of such circuits of any object electrically connected with them whether commonly or occasionally in an electrified condition which by reason of their position could cause injury to any person, shall be protected adequately, either by non-metallic fencing or insulation or by both, in such manner as to remove danger of injury.

(5) Instructions both in Urdu and the vernacular of the district for the restoration of persons suffering from electric shock shall be affixed in a conspicuous place in every factory using electric energy for lighting or power purpose.

(6) Ail open tanks and vessels containing either chemical or substances dangerous to human life or. Safety and all pits, gutters or tanks and excavations two feet or more in depth within the precincts of any establishment shall be securely fenced.

(7) No child workers shall be allowed to be engaged in oiling or adjusting belts or in any work whatsoever within reach of unfenced transmission machinery.

13. First Aid. ---(1) In every establishment there shall be maintained in good working condition first aid box containing appliances. The first aid appliances shall be placed under the charge of a responsible person who knows to use them and shall be kept in readily accessible place so as to be immediately available during working hours. The words “First Aid” shall be clearly painted on the box or other receptacle containing such appliances.

(2) Every child worker sustaining an injury within the establishment, whether while working or not shall be administered “First Aid”.

14. Notice of Accident.---(I) Notice of accidents resulting in death or such injury that there is no reasonable hope that the injured child worker will be able to return to work within 48 hours shall be sent,---

(a) By telegram, telephone or special messenger, within 24 hours of the occurrence, to the Chief Inspector of factories and Inspector of the area.
(b) By registered post, within 24 hours of the occurrence to the Commissioner Workmen’s Compensation, appointed under the Workmen’s Compensation Act, 1923.

(2) The notice shall be sent in the Form “E” (First accident report). The telephonic notice shall be confirmed by a written report in the prescribed form.

15. Excessive Weight. ---No child worker shall be allowed to lift or carry any weight in excess of ten K.G.

The Employment of Children Act, 1991