act 035 of 1952 : Mines Creche Rules, 1966

Mines Creche Rules, 1966

Section 1. Short title and application

Section 2. Definitions

Section 3. Provision of creches

Section 4. Standards for creches

Section 5. Provision of latrines

Section 6. Provision of bath rooms

Section 7. Amenities to be provided at creches

Section 8. Time when creches shall be kept open

Section 9. Use of the creche

Section 10. Medical Arrangements

Section 11. Provision of staff

Section 12. Maintenance of records

Section 13. Inspection of creche

Section 14. Repeal

(1) These rules may be called the Mines Creche Rules, 1966.

(2) They shall apply to all 2[* * *] mines to which the Mines Act, 1952, applies.

In these rules, unless the context otherwise requires,

(a) competent authority means, in respect of coal mines, the Coal Mines Welfare Commissioner and, in respect of 3[other mines], the Chief Inspector of Mines, and includes any person authorised in writing in this behalf by the said Welfare Commissioner in the case of coal mines or by the Chief Inspector in the case of 4[other mines] to perform all or any of the functions of a competent authority under these rules;

(b) creche means a room or rooms with ancillary accommodation reserved for the use of children, under six years of age, of women employed in a mine;

(c) Medical Officer-in-charge means a qualified medical practitioner employed, whether on a whole-time or part-time basis, by the owner of a mine to perform the duties assigned to such officer by these rules.

(1) Save as otherwise provided in this rule, 5[the owner or agent] of every mine (hereafter in this rule referred to as the said person) wherein any women are employed or were employed on any day of the preceding twelve months, shall within such period as may be specified by the competent authority, construct thereat a creche in accordance with the standards prescribed under Rule 4:

Provided that where the competent authority is of opinion that the situation, nature and extent of the workings or other places where women are employed are such as to render compliance with the provisions of these rules not reasonably practicable, the competent authority may by order in writing exempt the said person from the provisions of these rules for such period as may be specified in the order subject to the condition that the competent authority may require the provision and maintenance of a suitable room or rooms with an attendant and necessary equipment at or near any working place or part of the mine:

Provided further that if the competent authority is satisfied that by reason of shortage of building material or of labour, the said person is unable to provide within the stipulated period a creche in accordance with the specifications in these rules, that authority may approve of the erection of a temporary structure to be replaced by a permanent structure within such time as he may prescribe.

(2) If the competent authority is of opinion that the conditions in any mine or part thereof are such as to render compliance with the said rule unnecessary, he may by order in writing and subject to such conditions as he may specify therein exempt the mine from the provision of a creche.

(3) If in any case the competent authority is satisfied that no inconvenience will be caused to the employees concerned, if a single creche is provided to serve neighbouring mines, he may authorise by order in writing 6[the owners or agents] of such mines to provide jointly a single creche and on such conditions as he may specify in the order.

(4) On the production of a certificate from the Chief Inspector of Mines that the productive capacity of a mine will be exhausted within three years from the date of the certificate, the competent authority may on condition that the said person shall provide a temporary structure to serve the purpose of a creche and on such other conditions as the competent authority deems fit, grant by order in writing exemption from the construction of a creche in accordance with these rules.

(5) Subject to such relaxations as may be considered necessary by the competent authority the provisions of Rules 5 to 13 shall also apply to every room or rooms provided under the first proviso to sub-rule (1) and to every temporary structure provided under the second proviso of sub-rule (1) and under sub-rule (4).

(1) There shall be four types of creches according to the number of women employed, namely Type A , Type B , Type C and Type D .

(2) The plinth areas of different types of creches and the type of creche which shall be provided shall be as specified in Schedule I.

(3) Every creche shall conform to the following standards:

(i) It shall be contained in one building, built of brick and mortar, adequately lighted and properly ventilated and affording effective protection from all kinds of weather:

Provided that, with the pre-vious permission in writing of the competent authority, it may be built of any other material which the said authority may approve.

(ii) It shall be constructed on a suitable site selected by the mine management with the previous approval of the competent authority.

(iii) The flooring shall be of cement or stone and the ceiling shall not be less than 4 metres high from the floor.

(iv) The interior walls shall be lime-washed once in six months and the wood-work shall be painted or varnished once in every three years.

(v) It shall be maintained in a clean and sanitary condition to the satisfaction of the inspection staff:

Provided that the competent authority may permit variations in the standards specified in clauses (iii) and (iv) having regard to local conditions.

(1) There shall be provided one latrine in each A , B and C types of creches and two latrines in each D type of creche:

Provided that a separate latrine or commode shall also be provided in all types of creches, wherever considered necessary by the competent authority for the use of children affected by any infectious disease.

(2) The latrines shall be kept in a sanitary condition to the satisfaction of the inspecting staff.

(3) The competent authority may permit variations in the standards specified in sub-rule (1) having regard to local conditions.

In every creche there shall be provided a closed bath room with separate space for washing and drying soiled clothes or bed linen. The bath room shall be equipped either with a sink or masonry tubs and the quantity of water to be provided shall be on a scale of at least 15 litres per child attending the creche.

(2) The competent authority may permit variations in the standards specified in sub-rule (1) having regard to local conditions.

(1) Medicines for first aid, cradles, cots, beds, linen, bedding, feeding bottles, cooking utensils, toys, furniture and other equipment for the use of children shall be maintained at each creche on the scale specified in Schedule II.

(2) A supply of cool and wholesome drinking water shall be provided for each creche on a scale of at least two litres per child attending the creche.

(3) Milk and diet for children attending creches and clean clothes for the creche staff shall be supplied on the scale specified in Schedule III.

(4) The competent authority may permit variations in the standards envisaged in sub-rules (1), (2) and (3) if considered necessary.

The creche shall remain open at all times, both by day and by night when women employees are working at the mine and it shall be properly lighted at night.

The use of the creche shall be restricted to children, their attendants, the supervisory staff and such other persons as may be related to or concerned with children in the creche.

(1) A medical examination of the children attending the creche shall be made every month by a qualified medical practitioner and a record of such examinations shall be maintained in Form A.

(2) A medical examination of the nursing mothers attending the creche shall be made once in every two months by a qualified medical practitioner preferably a woman. When the examination is conducted by a male doctor, it shall be made in the presence of the creche nurse. Records of such examination shall be maintained in Form B.

(3) The Medical Officer-in-charge of the mine, or the Welfare Officer of the mine 7[or some other person (other than the manager), whom the owner or agent may appoint for securing compliance with the provisions in respect of creche (hereinafter in these rules called the Officer-in-charge Creche)], shall be responsible for the general supervision of the creche.

(1) 8[The owner or agent] of a mine shall employ, at every creche, staff on the scale prescribed in Schedule IV:

Provided that only such women as have successfully undergone training as a creche nurse at an institution approved by the Central Government shall be eligible for appointment as a creche-in-charge:

Provided further that in the case of a woman in employment on the 1st June, 1963 as creche-in-charge in a mine, this provision may be relaxed with the approval of the competent authority subject to such conditions as may be specified.

(2) Where by reason of temporary absence, illness, or any other similar cause, the full-time creche-in-charge is unable to perform her duties, the owner, agent or 9[officer-in-charge creche] of the mine shall authorise in writing any one whom he considers competent to act in her place:

Provided that no such authorisation shall have effect for a period of more than thirty days except with the previous consent of the competent authority.

(3) The creche-in-charge shall ensure that the creche is kept in a clean and sanitary condition, that all children attending it are properly looked after, washed and fed in accordance with the provisions of these rules and that they and the nursing mothers are taught clean and healthy habits.

(1) A register giving particulars of children attending a creche, shall be maintained in Form C.

(2) A register of complaints shall be maintained for inspection by the Medical Officer-in-charge and by the management of the mine.

A creche may be inspected at any time by the competent authority or by an officer authorised by the said authority for the purpose.

The Mines Creche Rules, 1959, are hereby repealed except as respects things done or omitted to be done before such repeal.

Form A

[See Rule 10(1)]

Form for Recording the Result of the Medical Examination of Children attending Creches

Date, month and year of examination

Sl. No.	Name of child	Age (Date of birth, if available)	Mother's name and occupation	Weight of Child on the date of last examination	Weight on the date of exami-nation	Disease or abnormality found, if any	Treatment suggested if any	Re-marks
1	2	3	4	5	6	7	8	9

					(Signature of the qualified medical practitioner)

Form B

[See Rule 10(2)]

Form for Recording the Results of the Medical Examination of the Nursing Mothers

Date, month and year of the examination .

Sl. No.	Name of woman and occupation	Age	Weight on the date of last examination	Weight on the date of examination	Disease or abnormality found, if any	Treatment suggested if any	Remarks
1	2	3	4	5	6	7	8


					(Signature of the qualified medical practitioner)

Form C

[See Rule 12(1)]

Form for Recording the Particulars of the Children Attending the Creche

Name of mine .

Month and year

SCHEDULE I

[See Rule 4(1)]

STANDARDS FOR CRECHES

Number of women currently employed or were employed on any day of the preceding twelve months whichever is greater

Type of creche

Coal mines

10[Mines other than coal mines]

Notation

Minimum plinth area (in square metres)

10 or less

11 50

51 100

More than 100

30 or less

31 100

101 200

More than 200

A type

B type

C type

D type

27.5

90.0

140.0

325.0

SCHEDULE II

[See Rule 7(1)]

EQUIPMENT AND MEDICINES FOR FIRST AID IN CRECHES

Description of equipment and first aid articles etc.		A type creche	B type creche	C type creche	D type creche
1		2	3	4	5
1. Dormitory
1.	Cot.	2	6	9	15
2.	Cradles with railing	2	4	6	10
2. Sick Room
1.	Cots.	..	1	1	2
2.	Chamber pot	1	1	1	1
3. Montessori Room
1.	Benches.	. .	. .	. .	2
2.	Desks (long)	. .	. .	. .	2
3.	Chai.	. .	. .	. .	1
4.	Almira.	. .	. .	. .	1
5.	Table.	. .	. .	. .	1 and usual montessori apparatus
4. Store
1.	Dustbi.	1	1	1	1
2.	Weighing machine (for infants)	. .	1	1	1
3.	Nail Brushes	1	1	1	2
5. Bath
1.	Bathtubs.	. .	1	1	2
2.	Bucket.	1	2	2	3
3.	Enamel jugs	. .	1	1	2
4.	Aluminium mugs	1	1	2	3
5.	Towelrac.	. .	1	1	1
6.	Soap.	Two cakes of soap per month per child
7.	Soap dishes	1	2	3	4
8.	Infant combs	3	10	15	20
6. Creche Attendant
1.	Writing table	1	1	1	1
2.	Chair.	1	1	2	2
3.	Stoo.	1	1	1	1
4.	Pens, ink, etc.	As specified by the competent or inspecting authority
5.	Waste Paper Basket	1	1	1	1
6.	Cup-board	1	1	1	1
7.	Clock		1	1	1
7. Dining
1.	Enamel cups or mug	6	15	30	50
2.	Enamel Plates	6	15	30	50
3.	Feeding bottles	3	4	6	10
4.	Spoon.	5	10	15	20
8. Kitchen
1.	Kettle.	1	2	3	4
2.	Frying Pans	1	1	1	2
3.	Milk containers	1	1	2	2
4.	Bucket.	2	2	2	2
5.	Tumbler.	2	2	2	2
6.	Spoons (Big)	2	2	3	4
7.	Knif.	1	1	1	1
8.	Meat Safe	. .	1	1	1
9.	Sauce pans	1	1	2	3
9. Linen
1.	Bed sheets	4	15	25	40
2.	Pillow.	4	10	15	25
3.	Pillow cases	4	15	25	40
4.	Towel.	3	8	12	15
5.	Shirt.	10	20	40	50
6.	Knicker.	10	20	40	50
7.	Mosquito nets	. .	8	12	15
8.	Blanket.	4	10	15	25
9.	Mackintos.	4	10	15	25
10.	Bed size durries	1	2	3	4
10. First aid equipment and medicines
		A type	B, C and D type
1.	Ounce measure	1	1
2.	Throat Spatula	. .	1
3.	Eye dropper	1	1
4.	Thermomete.	1	1
5.	Kidney dish	1	1
6.	Rectangular tray	. .	1
7.	Scissor.	1	1
8.	Tincture Iodine	0.5 Hectogram	1 Hectogram
9.	Tincture Benzoine	0.5 Hectogram	1 Hectogram
10	Boric Acid	1.0 Hectogram	2.0 Hectogram
11.	Bandage cloth	1 metre	2 metres
12.	Cotton wool absorbent	0.5 Kilogram	0.5 Kilogram
13.	Gauge plain	1 metre	2 metres
14.	Detto.	0.5 Hectogram	1 Hectogram
15.	Adhesive Plaster	1 spool	1 spool
11. Miscellaneous
		(For every type of creche)
1.	Brooms or Scrubbing brushes	2
2.	Duster.	2
3.	Toy.	Adequate number of toys as specified by the competent or inspecting authority
4.	Electric lights	As required by the competent or inspecting authority
5.	Torch and Lantern	One each

SCHEDULE III

[See Rule 7(3)]

DIET, CLOTHING AND OTHER AMENITIES

Age group of children		Time, measure and nature of food
		1. Diet
		9 a.m.	12 Noon	3.30 p.m.
1.	6 weeks to 6 months ....	.25 litre milk	.25 litre milk	.25 litre milk
2.	6 months to 1 year ............	do	.25 litre milk with suji	0.50 litre milk
3.	1 year to 2 years .....	.25 litre milk with suji or porridge or puffed rice (Mure)	Rice, vegetables	.25 litre milk with one chapati and gur or khir with gur (pudding)
4.	2 years to 6 years .....	.25 litre milk, puffed rice with gur	60 grams minimum rice with vegetables or meat curry	.25 litre milk with chapati

Note. 1.	Children who are underweight and unhealthy or who are found to be suffering from Marasmus and Rickets should be given one quarter boiled egg in addition to the diet prescribed above.
2.	Seasonal green vegetables both raw and cooked should be provided each day for supplying sufficient vitamins.
3.	If the competent or inspecting authority is satisfied that milk is not available for any reason, then the said authority may allow Nespray or Glaxo powdered milk pre-pared according to the directions. In the alternative the said authority may also allow the use of germinated grain in place of milk for children of the age group of 2 years to 6 years. The quantity of germinated grain as a substitute for milk should be 0.1 Kilogram for .25 litre of milk.

2. Uniforms for Creche Staff
1.	Creche-in-charge	1.	Four cotton white sarees with red border
		2.	Four white blouses of long cloth
		3.	Four white petticoats of long cloth
2.	Ayah.	1.	Four cotton white sarees with black border
		2.	Four white blouses of long cloth
		3.	Four white petticoats of long cloth
		4.	Six white aprons of long cloth
3.	Cook.	1.	Six white aprons of long cloth
		2.	Six white caps of long cloth

SCHEDULE IV

[See Rule 11(1)]

STAFF IN CRECHES

Designation		A type creche	B type creche	C type creche	D type creche
1.	Creche-in-charge ........	1	1	1	1
2.	Ayah ............	1 Ayah-cum-cook	1 Ayah-cum-cook	1	2
3.	Woman-cook .........	. .	. .	1	1
4.	Sweepress ..........	1 (Part-time)	1	1	1

Note. Staff is to be engaged whole-time unless otherwise indicated.

1. Vide G.S.R. 516, dt. 1-4-1966, published in the Gazette of India, Pt. II, Sec. 3(i), p. 591.

2. The words coal mines and metalliferous omitted by G.S.R. 1371, dt. 2-9-1967.

3. Subs. for metalliferous mines by G.S.R. 1371, dt. 2-9-1967.

4. Subs. for metalliferous mines by G.S.R. 1371, dt. 2-9-1967.

5. Subs. by G.S.R. 551, dt. 29-5-1985 (w.e.f. 8-6-1985).

6. Subs. by G.S.R. 551, dt. 29-5-1985 (w.e.f. 8-6-1985).

7. Ins. by G.S.R. 551, dt. 29-5-1985 (w.e.f. 8-6-1985).

8. Subs. by G.S.R. 551, dt. 29-5-1985 (w.e.f. 8-6-1985).

9. Subs. for manager by G.S.R. 551, dt. 29-5-1985 (w.e.f. 8-6-1985).

10. Subs. for Metalliferous mines by G.S.R. 1371, dt. 2-9-1967.

Date of admission

Name of child with mother's full name and occupation

Date of the Month (attendance to be marked each day)