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Pakistan. Employment of Children Rules, 1995
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Pakistan

Employment of Children Rules, 1995

(S.R.O. 387 (I) 1995)


In exercise of the powers conferred by sections 13 and 18 of the Employment of Children Act, 1991 (No. V of 1991), the Federal Government is pleased to make the following rules:

Rule 1. Short title and commencement.

(1) These rules may be called the Employment of Children Rules, 1995

(2) They shall come into force at once.

Rule 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,

Rule 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

(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 the establishment.

Rule 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 a person wishes to work, examine such person to ascertain his age and fitness to work.

(2) A 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 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 the fee to the certifying surgeon shall be paid by the occupier.

Rule 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.

Rule 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 therefrom 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 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 reasonable clean and drained condition all working and bathing places and the places where drinking water is distributed to the workers of the establishment.

Rule 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.

Rule 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 illuminance in any part of the work area must not be below 300 Lux.

Rule 9. Drinking Water.

(1) In every establishment the arrangement 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.

Rule 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.

Rule 11. Precautions 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.

Rule 12. Fencing of Machinery.

(1) All shafts, couplings, collars, clutches, toothend wheels, pulleys, driving straps, chains projecting set screws, keys, nuts and belts on revolving parts, except such as are in the opinion of the Inspector by construction 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-

(4) All electrical circuits or parts of such circuits or 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-metalic 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) All 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 any work whatsoever within reach of unfenced transmission machinery.

Rule 13. First Aid

(1) In every establishment there shall be maintained in good working condition a first-aid box containing appliances. The first-aid appliances shall be placed under the charge of a responsible person who knows how to use them and shall be kept in a 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".

Rule 14. Notice of Accident.

(1) 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

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

Rule 15. Excessive Weight

No child worker shall be allowed to lift or carry any weight in excess of ten kilograms.


FORM 'A'

NOTICE OF PERIOD OF WORK

[For New Establishments]
(Section 9)
(Rule 3( 1))

To,
The Chief Inspector/Inspector of the area :

1. The name of the Establishment.......................
2. Location of the Establishment.........................
3. Address ......................................................
4. The name of the person in actual management of the Establishment.
5. Address for communication ............................
6. The nature of Occupation, or process carried on in the Establishment.
7. No. of Child Workers Adolescents ....................

Signature of the Occupier


 

FORM 'A-1'

NOTICE OF PERIOD OF WORK

[For Existing Establishments]
(Section 9)
(Rule 3(1))

Notice of Closed Day :

Closed day to be ............................................. day.

1. Name and Address of the Establishment...............
2. Name of Occupier .............................................
3. No of Child Workers/Adolescents ........................

Signature of Occupier

 


FORM 'B'

NOTICE OF PERIOD OF WORK FOR ADOLESCENT/CHILD WORKERS

Section 9
Rule 3 (2)(a)

Name of Establishment ............................
Place where situated ...............................
Hour of starting work ...............................
Hour of Closing work.................................
Period of rest interval ............. from......... to...........
Weekly holidays given on ..........................

Signature of Occupier

Dated........................................

 


FORM 'B-1'

NOTICE OF PERIOD OF WORK FOR ADOLESCENT/CHILD WORKERS

(Section 9)
Rule 3 (2Kb)

Name of Establishment....................................
Place where situated ......................................
On ordinary working days ................................
Hour of starting work ......................................
Hour of closing work .......................................
Period of rest interval .............. from ............ to .........
On half holiday which is given :
Hour of starting work ......................................
Hour of closing work .......................................
Weekly holidays given on ................................

Signature of Occupier.

Dated ...............


Form 'C'

CERTIFICATE UNDER SECTION 10 OF THE EMPLOYMENT OF CHILDREN ACT, 1991

(Section 10)
Rule 4 (2)

1. Serial No............. Serial No........................
2. Date .................. Date .............................
3. Name .................................... I hereby certify that I have personally examined.
4. Father's Name.................... (Name) ....................
5. Sex and caste of religion Son/daughter of ..............
(caste etc.)
6. Residence .................... Residing at ....................
7. Age certified ..................... who is desirous of being employed in a
factory and that his/her age, as nearly as can be ascertained from my examination is......................... Years,
8. Physical fitness...................................... and that he/she is fit for employment as a child/adolescent in a factory.
9. His/Her Distinctive marks are ...............................

Thumb Impression. Thumb Impression.
Examining Surgeon. Examining Surgeon.
(Countersigned) (Countersigned)
Certifying Surgeon. Certifying Surgeon.

 


FORM 'D'

REGISTER OF CHILD WORKERS UNDER SECTION II OF THE EMPLOYMENT OF CHILDREN ACT, 1991

(Section-11)
Rule 5 (1)

Working Hours. For the month of.............................
From .........................to................... Name of Establishment ...................
....................................................
1st period  
Rest Interval Place where situated
2nd period. ....................................................

 

S.No. Name Father's Name Date of Birth Caste or Religion Nature of work Group Relay Remarks

 


 

FORM 'E'

NOTICE OF ACCIDENT FIRST ACCIDENT REPORT

(Rule 14(2))

(To be submitted within twenty-four hours from the time of occurrence of the accident)

1. (a) Name and address of the Establishment.
(b) Telephone No.

2. Name and address of occupier.

3. Principal Product (s) service rendered.

(i) ..............................................................
(ii) .............................................................

4. Particulars of the injured persons:

(a) Name and father's name.
(b) Address: (i) Present (ii) Permanent
(c) Age
(d) Sex
(e) Occupation

5. Date and time of accident

6. Branch/Department/Place where accident occurred.

7 Brief description of:

(a) Causes of accident.
(b) Nature of Injuries.

8 Name and address of witnesses to the accident.

(a)
(b)

9. Name and address of the medical officer under whose treatment the injured person has been placed.

10. Date and time of despatch of report.

Signature of Occupier



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