Child Labour Rules 1988

8/14/2019 Child Labour Rules 1988

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THE CHILD LABOUR (PROHIBITION AND

REGULATION) RULES, 1988

G.S.R. 847(E), dated 10

t

A!"!#t, 1988 $ In exercise of the powers conferred by sub-section (1) ofSec. 18 of the said Act, the Central o!ern"ent, hereby "a#es the followin$ rules, na"ely %

C%&&e't

R!e&a*+'" %-e $ &he $eneral power of fra"in$ rules for effectuatin$ the purposes of the Act, would

plainly authori'e and sanctify the fra"in$ of such a rule.

1. S%t t+te a'd /%&&e'/e&e't $ (1) &hese rules "ay be called the Child abour (rohibition and

*e$ulation) *ules, 1+88.

() &hey shall co"e into force on the date of their publication in the official a'ette.

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&hese rules ha!e been far"ed by the Central o!ern"ent in the exercise of the powers conferred by

Sec. 18 (1) of the Child abour (rohibition and *e$ulation) *ules, 1+8.

R!e# $ ete a+d2 3a&ed $ &he uestion whether rules are !alidly fra"ed to carry out the purposes

of the Act can be deter"ined on the analysis of the pro!isions of the Act.

. De3+'+t+%'# $ In these rules, unless the context otherwise reuires /

(a) “Act0 "eans the Child abour (rohibition and *e$ulation) *ules, 1+8 (1 f 1+8)2

(b) “Co""ittee0 "eans the Child abour &echnical Ad!isory Co""ittee constituted under sub-section (1) of Sec. 3 of the Act2

(c) “Chair"an0 "eans the Chair"an of the Co""ittee appointed under sub-section () of Sec. 3

of the Act2

(d) “4or"0 "eans a 4or" appended to these ruels2

(e) “*e$ister0 "eans the re$ister reuired to be "aintained under Sec. 11 of the Act2

(f) “Schedule0 "eans the schedule appended to the Act2

($) “Section0 "eans a section of the Act.

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&his rule defines the !arious expressions occurrin$ in the *ules.

I'teetat+%' 52 a /%!t $ &he Court can "erely interpret the section2 it cannot re-write, re-cast or re-

desi$n the section.

Ote-+#e $ at a&%!'t# t% $ &he words 5otherwise0 is not to be construed ejusdem generic with the

word 5circulars, ad!ertise"ent0.

6. Te& %3 %33+/e %3 te &e&5e# %3 te C%&&+ttee $ (1) &he ter" of office of the "e"bers of the

Co""ittee shall be one year fro" the date on which their appoint"ent is notified in the official a'ette.

ro!ided that the Central o!ern"ent "ay extend the ter" of office of the "e"ber of the Co""ittee for a

"axi"u" period of two years.

ro!ided further that the "e"ber shall, notwithstandin$ the expiration of his ter", continue to hold office

until his successor enters upon his office.



() &he "e"ber appointed under sub-rule(1) shall be eli$ible for re-appoint"ent.

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“shall0 cannot be interpreted as 5"ay0

P%+#% $ In Abdul Johar Butt v. State of Jammu and Kashmir , it was held that a pro!iso "ust be considered

with relation to the principal "atter to which it stands as a pro!iso.

4. Se/eta2 t% te C%&&+ttee $ &he Central o!ern"ent "ay appoint an officer not below the ran# of an

6nder-Secretary to the o!ern"ent of India as Secretary of the Co""ittee.

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&his rule e"powers the Central o!ern"ent to appoint an officer not below the ran# of an 6nder-Secretary

to the o!ern"ent of India as the Secretary to the Child abour &echnical Ad!isory Co""ittee.

. A%-a'/e# t% '%'%33+/+a &e&5e# $ &he non-official "e"bers and Chair"an of the Co""ittee shall

be paid such fees and allowances as "ay be ad"issible to the officers of the Central o!ern"ent drawin$ a

pay of rupees four thousand and fi!e hundred or abo!e.

. Re"+#tat+%' $ (1) A "e"ber "ay resi$n his office by writin$ under his hand addressed to the Chair"an.

() &he Chair"an "ay resi$n his office by writin$ under his hand addressed to the Central

o!ern"ent.

(7) &he resi$nation referred to in sub-rule (1) and sub () shall ta#e effect fro" the date of its

acceptance or on the expiry of thirty days fro" the date of receipt of such resi$nation, whiche!er is earlier,

by the Chair"an or the Central o!ern"ent, as the case "ay be.

7. Re&%a %3 Ca+&a' % &e&5e %3 te C%&&+ttee $ &he Central o!ern"ent "ay re"o!e the

Chair"an or any "e"ber of the Co""ittee at any ti"e before the expiry of the ter" of office after $i!in$

hi" a reasonable opportunity of showin$ cause a$ainst the proposed re"o!al.

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&his rule lays down procedure for re"o!al of Chair"an or "e"ber of the Co""ittee by the Central

o!ern"ent.

8. Ce##at+%' %3 &e&5e#+ $ if a "e"ber /

(a) is absent without lea!e of the Chair"an for three or "ore consecuti!e "eetin$s of the

Co""ittee2 or

(b) is declared to be of unsound "ind by a co"petent court2 or

(c) is or has been con!icted of any offence which, in the opinion of the Central o!ern"ent,

in!ol!es "oral turpitude2 or

(d) is, or at any ti"e, has been adudicated insol!ent or has suspended his debts or has

co"pounded with his creditors, shall cease to be a "e"ber of the Co""ittee.

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&his rule deals with the "atter relatin$ to cessation of "e"bership.

9. ++'" ! %3 /a#!a a/a'/+e# $ in case a "e"ber resi$ns his office under rule or cases to be a "e"ber

under rule 8, the casual !acancy thus caused shall be filled up by the Central o!ern"ent and the "e"ber so



appointed shall hold office for the unexpired portion of the ter" of his predecessor.

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&his rule e"power the Central o!ern"ent to fill up casual !acancies and it lays down that the

"e"ber so appointed shall hold office for the unexpired portion of the ter" of his predecessor.

10. T+&e a'd a/e %3 &eet+'"# $ &he Co""ittee shall "eet at such ti"es and places as the Chair"an "ayfix in this behalf.

11. N%t+/e %3 &eet+'"# $ &he Secretary to the Co""ittee shall $i!e at least se!en days notice to e!ery

"e"ber of the Co""ittee of the ti"e and place fixed for each "eetin$ alon$ with the list of business to be

transacted at the said "eetin$.

1. Pe#+d+'" at &eet+'"# $ &he Chair"an shall preside at e!ery "eetin$ of the Co""ittee at which he is

present2 if, howe!er, the Chair"an is unable to attend a "eetin$, any "e"ber elected by the "e"bers

present a"on$ the"sel!es shall preside at the "eetin$.

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“Sa: $ It is well-#nown principle that in the interpretation of statutes that where the situation and the

context warrants it, the word 5shall0 used in a sectionor rule of a statute has to be construed as "ay0.

16. ;!%!& $ 9o business shall be transacted at a "eetin$ of the Co""ittee unless atleast three "e"bers

of the Co""ittee other than the Chair"an other than the Chair"an and the Secretary are present.

ro!ided that at any "eetin$ in which less than three of the total "e"bers are present, the Chair"an

"ay adourn the "eetin$ to a date as he dee"s fit and infor" the "e"bers present and notify other "e"bers

that the business of the scheduled "eetin$ shall be disposed of at the adourned "eetin$ irrespecti!e of the

uoru" and it shall be lawful to dispose of the business at such adourned "eetin$ irrespecti!e of the"e"ber of "e"bers attendin$ the "eetin$.

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S/%e %3 %+#% $ &he scope of a pro!iso is well settled. In Ram Narain Sons Ltd. V. Asstt. ommissioner

of Sales !a", it was held %

5It is a cardinal rule of interpretation that a pro!iso to a particular pro!ision of statute only e"braces

the field which is co!ered by the "ain pro!ision. It car!es out an exception to the "ain pro!ision to which it

has been enacted as a pro!iso and to no other.0

14. de/+#+%' 52 &a<%+t2 $ All uestions considered at a "eetin$ of the Co""ittee shall be decided by a"aority of !otes of the "e"bers present and !otin$ and in the e!ent of euality of !otes, the Chair"an, or

in the absence of Chair"an, the "e"ber presidin$ at the "eetin$, as the case "ay be, shall ha!e a second or

castin$ cote.

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&his rule lays down that the "atters considered by the Co""ittee in its "eetin$ should be decided

by a "aority !otes of the "e"bers present. &he rule further lays down that the Chair"an or in his absence

the "e"ber presidin$ at the "eetin$ shall ha!e a castin$ !ote.

1. S!5C%&&+ttee# $ &he Co""ittee "ay constitute one or "ore Sub-Co""ittees, whether consistin$

only of "e"bers of the Co""ittee or partly of "e"bers of the Co""ittee and partly of other persons as itthin#s fir, for such purposes, as it "ay decide and any Sub-Co""ittee so constituted shall dischar$e such

functions as "ay be dele$ated to it by the Co""ittee.



1. Re"+#te t% 5e &a+'ta+'ed !'de Se/. 11 %3 te A/t. $ (1) :!ery occupier of an establish"ent shall

"aintain a re$ister in respect of children e"ployed or per"itted to wor#, in 4or" A.

() &he re$ister shall be "aintained on a yearly basis but shall be retained by the e"ployer for a

period of three years after the date of the last entry "ade therein.

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6nder this rule e!ery occupier of an establish"ent is reuired to "aintain an yearly re$ister showin$

the children e"ployed or per"itted to wor# and to retain such re$isters for a period of three years.

17. Cet+3+/ate %3 a"e. (1) All youn$ persons in e"ploy"ent in any of the occupations set-forth in art A

of the Schedule or in any wor#shop wherein any of the processes set forth in art ; of the Schedule is carried

on, shall produce a certificate of a$e fro" the appropriate "edical authority, whene!er reuired to do so by

an Inspector.

() &he certificate of a$e referred to in sub-rule (1) shall be issued in 4or" <;=.

(7) &he char$es payable to the "edical authority for the issue of such certificate shall be the

sa"e as prescribed by the State o!ern"ent or the Central o!ern"ent, as the case "ay be for their

respecti!e >edical ;oards.

(?) &he char$es payable to the "edical authority shall be borne by the e"ployer of the youn$

person whose a$e is under uestion.

#"$lanation % 4or the purposes of sub-rule (1), the appropriate 5>edical authority0 shall be o!ern"ent

"edical doctor not below the ran# of an Assistant Sur$eon of a @istrict or a re$ular doctor or eui!alent ran#

e"ployed in :"ployees= State Insurance dispensaries of hospitals.

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#"$lanation - It is not well settled that an explanation added to a statutory pro!ision is not a substanti!e

pro!ision in any sense of the ter" but as the palin$ "eanin$ of the word itself shows it is "erely "eant to

explain and clarify certain a"bi$uities which "y ha!e crept in the statutory pro!ision.



OR= A

See *ule 1(1)B

earDDDD.

9a"e and

Address of e"ployerDDDDDDDDDDD.lace of wor#DDDDDDDDDDDDDD

9ature of wor# bein$ done by the establish"entDDDDDDDDDDDDDDDDDDD

Sl. 9a"e of 4ather=s @ate of er"anent @ate of

9o. Child 9a"e ;irth Address oinin$ the

:stablish"ent

1 6 4

9ature of @aily hours Inter!als Ea$es *e"ar#s

Eor# on of wor# of rest paid

which e"ployed

F 8 + 1 11

OR= B

&ertificate of Age'See *ule 1F ()B

Certificate 9oDDDD..

I hereby certify that I ha!e personally exa"ined (na"eDDDDDDDDDDDDDDDDDD

SonGdau$hter of DDDDDDDDDDDDDDDDDDD..residin$ atDDDDDDDDDD..

and that heGshe has co"pleted hisGher fourteenth year and hisGher a$e, as nearly as can be ascertained fro"

"y exa"ination isDDDDDDDDDDDDDDDD.years (Co"pleted).

HisGHer descripti!e "ar#s

AreDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD

DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD.

&hu"b-i"pressionGsi$nature of childDDDDDDDDDDDDDDDDD

lace DDDDD.. >edical Authority

@ateDDDDDD. @esi$nation

Child Labour Rules 1988

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Transcript of Child Labour Rules 1988