Background
The Haryana compliance framework under the Child & Adolescent Labour (Prohibition & Regulation) provisions aims to safeguard young workers by setting rules for employment, work conditions, health, safety, and welfare measures in establishments.
Applicability
These rules are applicable to all the establishments of Haryana including a shop, commercial establishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment.
Compliance requirements under the Act in accordance with the Rules
No child shall be employed or permitted to work in any occupation or process. Nothing in sub-section (1) shall apply where the child helps his family or family enterprise (other than hazardous occupations or processes set forth in the Schedule) after school hours or during vacations, or works as an artist in an audio-visual entertainment industry, including advertisement, films, television serials, or other entertainment or sports activities (except the circus), subject to prescribed safety measures and conditions, provided that such work does not affect the child’s school education.
No adolescent shall be employed or permitted to work in any of the hazardous occupations or processes set forth in the Schedule.
Every occupier of an establishment shall maintain a register in respect of adolescents employed or permitted to work in Form A. The register shall be maintained yearly and retained by the employer for three years after the date of the last entry. There shall be maintained by every occupier a register available for inspection by an Inspector at all times during working hours, showing the name and date of birth of every adolescent employed, hours and periods of work and intervals of rest, nature of work, and other prescribed particulars.
All young persons in specified occupations must produce a certificate of age from the appropriate medical authority in Form B when required by an Inspector. The certificate shall be issued in Form B, and charges payable to the medical authority shall be borne by the employer of the child whose age is under question.
The period of work should be five hours inclusive of rest on any day (thirty hours a week), such that it should not exceed three hours at a time with a one-hour interval of rest. No adolescent shall be permitted to work between 7 p.m. and 8 a.m., no overtime is allowed, and an adolescent should not work in more than one establishment on any given day. The total number of working hours for child labour shall not exceed five hours a day or thirty hours a week, and no adolescent shall be employed continuously for more than three hours without at least one hour for meals or rest.
Premises of establishments where adolescents are employed shall be kept clean and free from dirt and refuse, well-lit during working hours, properly ventilated for adequate air and light, whitewashed/varnished annually with the date displayed, and provided with potable drinking water, latrines/urinals, washing areas, and spittoons.
Every dangerous machinery part must be securely fenced with strong safeguards kept in place while in motion, in accordance with the Factories Act, 1948. In establishments using electric power, suitable emergency devices must be provided. Employees must not work near moving machinery with loose clothing; employers must provide tight-fitting clothes and suitable goggles to protect against injury from fragments or excessive light. No child shall be allowed to work on dangerous machines such as power presses, milling machines, circular saws, guillotines, oil expellers, or cotton openers. All floors, steps, stairs, and passages shall be of sound construction and properly maintained. Maximum weight to be lifted: 16 kg (male) and 13 kg (female).
Every establishment shall have adequate means of escape in case of fire. Doors must not be locked or fastened so they can be easily opened from inside while people are present. Buckets of water, sand, or chemical extinguishers must be provided in suitable numbers and locations, depending on the nature of work and premises size. No building, stairway, ramp, or machinery shall be maintained in a way that risks bodily injury to workers.
The occupier must provide in every establishment one first aid kit for every 25 adolescents employed. Each kit shall be readily available and contain dressing materials, antiseptic liquid or ointment, aspirin or paracetamol tablets (250–500 mg), oral rehydration salts, and other appropriate medical supplies.
Every adolescent employed in an establishment shall be allowed one whole day holiday each week. The day must be specified by the occupier in a notice permanently displayed in a conspicuous place in the establishment and shall not be altered more than once in three months.
Every occupier shall, within 30 days from the employment of an adolescent, send a written notice to the Inspector within whose local limits the establishment is situated, containing prescribed particulars.
Every railway administration, port authority, and occupier must display in a conspicuous and accessible place a notice in both local and English languages containing an abstract of Sections 3A and 14 at every station, port, or workplace.
Penalties & Punishments
(1) Whoever being responsible for the payment of wages to an employed person contravenes any of the provisions of any of the following section, namely, section 5 except sub-section (4) thereof, section 7, section 8 except sub-section (8) thereof, section 9, section 10 except sub-section (2) thereof, and sections11 to 13, both inclusive, shall be punishable with fine which shall not be less than one thousand five hundred rupees but which may extend to seven thousand five hundred rupees
(2) Whoever contravenes the provisions of section 4, 8 [sub-section (4) of section 5, section 6, sub-section (8) of section 8, sub-section (2) of section 10] or section 25 shall be punishable [with fine which may extend to three thousand seven hundred fifty rupees
Penalties & Punishment
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