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An Act to prohibit the engagement of
children in certain employments and to regulate the conditions of work of
children in certain other employments.
1. Short title, extent and commencement
(1) This Act may be called the Child
Labour (Prohibition and Regulation) Act, 1986.
(2) It extends to the whole of India.
(3) The provisions of this Act, other
than Part III, shall come into force at once, and Part III shall come into
force on such date as the Central Government may, by notification in the
Official Gazette, appoint, and different dates may be appointed for
different States and for different classes of establishment.
2. Definitions
In this Act, unless the context otherwise
requires,-
(i) "appropriate government" means, in
relation to an establishment under the control of the Central Government or
a railway administration or a major port or a mine or oilfield, the Central
Government, and in all other cases, the State Government;
(ii) "child' means a person who has not
completed his fourteenth year of age;
(iii) "day" means period of twenty four
hours beginning at mid-night;
(iv) "establishment" includes a ship,
commercial establishment, work-shop, farms, residential hotel, restaurant,
eating house, theatre or other place of public amusement or entertainment;
(v) "family", in relation to an occupier,
means the individual, the wife or husband, as the case may be, of such
individual, and their children, brother or sister of such individual;
(vi) "occupier", in relation to an
establishment or a workshop, means the person who has the ultimate control
over the affairs of the establishment or workshop;
(vii) "port authority" means any
authority administering a port;
(viii) "prescribed" means prescribed by
rules made under section 18;
(ix) "week" means a period of seven days
beginning at midnight on Saturday night or such other night as may be
approved in writing for a particular area by the Inspector;
(x) "workshop" means any premises
(including the precincts thereof) wherein any industrial process is carried
on, but does not include any premises to which the provisions of section 67
of the Factories Act, 1948 (63 of 1948), for the time being, apply.
3. Prohibition of employment of CHILDREN in certain
occupations and processes
No child shall be employed or permitted to
work in any of the occupations set forth in Part A of the Schedule or in any
workshop wherein any of the processes set forth in Part B of the Schedule is
carried on:
PROVIDED that nothing in this section shall
apply to any workshop wherein any process is carried on by the occupier with
the aid of his family or to any school established by, or receiving
assistance or recognition from, government.
4. Power to amend the Schedule
The Central Government, after giving by
notification in the Official Gazette, not less than three months' notice of
its intention so to do, may, by like notification, add any occupation or
process to the Schedule and thereupon the Schedule shall be deemed to have
been amended accordingly.
5. Child Labour Technical Advisory Committee
(1) The Central Government may, by
notification in the Official Gazette, constitute an advisory committee to be
called the Child Labour Technical Advisory Committee (hereafter in this
section referred to as the committee) to advise the Central Government for
the purpose of addition of occupations and processes to the Schedule.
(2) The Committee shall consist of a
Chairman and such other members not exceeding ten, as may be appointed by
the Central Government.
(3) The Committee shall meet as often as
it may consider necessary and shall have power to regulate its own
procedure.
(4) The committee may, if it deems it
necessary so to do, constitute one or more sub-committees and may appoint to
any such sub-committee, whether generally or for the consideration of any
particular matter, any person who is not a member of the committee.
(5) The term of office of, the manner of
filling casual vacancies in the office of, and the allowances, if any,
payable to, the chairman and other members of the committee, and the
conditions and restriction subject to which the committee may appoint any
person who is not a member of the committee as a member of any of its
sub-committees shall be such as may be prescribed.
6. Application of part
The provisions of this part shall apply to an
establishment or a class of establishment in which none of the occupations
or processes referred to in section 3 is carried on.
7. Hours and period of work
(1) No child shall be required or
permitted to work in any establishment in excess of such number of hours as
may be prescribed for such establishment or class of establishments.
(2) The period of work on each day shall
be so fixed that no period shall exceed three hours and that no child shall
work for more than three hours before he has had an interval for rest for at
least one hour.
(3) The period of work of a child shall
be so arranged that inclusive of his interval for rest, under sub-section
(2), it shall not be spread over more than six hours, including the time
spent in waiting for work on any day.
(4) No child shall be permitted or
required to work between 7 p.m. and 8 p.m.
(5) No child shall be required or
permitted to work overtime.
(6) No child shall be required or
permitted to work in any establishment on any day on which he has already
been working in another establishment.
8. Weekly holidays
Every child employed in an establishment
shall be allowed in each week, a holiday of one whole day, which day shall
be specified by the occupier in a notice permanently exhibited in a
conspicuous place in the establishment and the day so specified shall not be
altered by the occupier more than once in three months.
9. Notice to Inspector
(1) Every occupier in relation to an
establishment in which a child was employed or permitted to work immediately
before the date of commencement of this Act in relation to such
establishment shall, within a period of thirty days from such commencement,
send to the Inspector within whose local limits the establishment is
situated, a written notice containing the following particulars, namely:-
(a) the name and situation of the
establishment;
(b) the name of the person in actual
management of the establishment;
(c) the address to which
communications relating to the establishment should be sent; and
(d) the nature of the occupation or
process carried on in the establishment.
(2) Every occupier, in relation to an
establishment, who employs, or permits to work, any child after the date of
commencement of this Act in relation to such establishment, shall, within a
period of thirty days from the date of such employment, send to the
Inspector within whose local limits the establishment is situated, a written
notice containing the particulars as are mentioned in sub-section (1).
Explanation: For the purposes of
sub-sections (1) and (2), "date of commencement of this Act, in relation to
an establishment" means the date of bringing into force of this act in
relation to such establishment.
(3) Nothing in sections7, 8 and 9 shall
apply to any establishment where in any process is carried on by the
occupier with the aid of his family or to any school established by, or
receiving assistance or recognition from, government.
10. Disputes as to age
If any question arises between an Inspector
and an occupier as to the age of any child who is employed or is permitted
to work by him in an establishment, the question shall, in the absence of
the certificate as to the age of such child granted by the prescribed
medical authority, be referred by the Inspector for decision to the
prescribed medical authority.
11. Maintenance of register
These shall be maintained by every occupier
in respect of children employed or permitted to work in any establishment, a
register to be available for inspection by an Inspector at all times during
working hours or when work is being carried on in any such establishment,
showing :-
(a) the name and date of birth of every
child so employed or permitted to work;
(b) hours and periods of work of any such
child and the intervals of rest to which he is entitled;
(c) the nature of work of any such child;
and
(d) such other particulars as may be
prescribed.
12. Health and Safety
(1) The appropriate government may, by
notification in the Official Gazette, make rules for the health and safety
of the CHILDREN employed or permitted to work in any establishment or class
of establishments.
(2) Without prejudice to the generality
of the foregoing provisions, the said rules may provide for all or any of
the following matters, namely:-
(a)Cleanliness in the place of work
and its freedom from nuisance;
(b) disposal of wastes and effluents;
(c) ventilation and temperature;
(d) dust and fume;
(e) artificial humidification;
(f) lighting;
(g) drinking water;
(h) latrine and urinals;
(i) spittoons;
(j) fencing of machinery;
(k) work at or near machinery in
motion;
(l) employment of children on
dangerous machines;
(m) instructions, training and
supervision in relation to employment of children on dangerous machines;
(n) device for cutting off power;
(o) self–acting machines;
(p) easing of new machinery;
(q) floor, stairs and means of
access;
(r) pits, sumps, openings in floors,
etc.
(s) Excessive weights;
(t) Protection of eyes;
(u) Explosive or inflammable dust,
gas etc;
(v) Precautions in case of fire;
(w) Maintenance of buildings, and
(x) Safety of buildings and
machinery.
14. Penalties
(1) Whoever employs any child or permits
any child to work in contravention of the provisions of section 3 shall be
punishable with imprisonment for a term which shall not be less than three
months but which may extend to one year or with fine which shall not be less
than ten thousand rupees but which may extend to twenty thousand rupees or
with both.
(2) Whoever, having been convicted of an
offence under section 3, commits a like offence afterwards, he shall be
punishable with imprisonment for a term which shall not be less than six
months but which may extend to two years.
(3) Whoever-
(a) fails to give notice as required
by section 9; or
(b) fails to maintain a register as
required by section 11 or makes any false entry in any such register; or
(c) fails to display a notice
containing an abstract of section 3 and this section as required by section
12; or
(d) fails to comply with or
contravenes any other provisions of this Act or the rules made thereunder,
shall be punishable with simple imprisonment
which may extend to one months or with fine which may extend to ten thousand
rupees or with both.
15. Modified application of certain laws in relation
to penalties
(1) Where any person is found guilty and
convicted of contravention of any of the provisions mentioned in sub-section
(2), he shall be liable to penalties provided in sub-sections (1) and (2) of
section 14 of this Act and not under the Acts in which those provisions are
contained.
(2) The provisions referred to in
sub-section (1) are the provisions mentioned below:-
(a) section 67 of the Factories Act,
1948 (63 of 1948);
(b) section 40 of Mines Act, 1952 (35
of 1952);
(c) section 109 of Merchant Shipping
Act, 1958 (44 of 1958); and
(d) section 21 of the Motor Transport
Workers Act, 1961 (27 of 1961).
16. Procedure relating to offences
(1) Any person, police officer or
Inspector may file a compliant of the commission of an offence under this
Act in any court of competent jurisdiction.
(2) Every certificate as to the age of a
child which has been granted by a prescribed medical authority shall, for
the purposes of this Act, be conclusive evidence as to the age of the child
to whom it relates.
(3) No court inferior to that of a
Metropolitan Magistrate or a Magistrate of the first class shall try any
offence under this Act.
17. Appointment of Inspectors
The appropriate government may appoint
Inspectors for the purposes of securing compliance with the provisions of
this Act and any Inspector so appointed shall be deemed to be a public
servant within the meaning of the Indian Penal Code (45 of 1860).
18. Power to make rules
(1) The appropriate government may, by
notification in the Official Gazette and subject to the condition of
previous publication, make rules for carrying into effect the provisions of
this Act.
(2) In particular and without prejudice
to the generality of the foregoing power, such rules may provide for all or
any of the following matters, namely:-
(a) the term of office of, the manner
of filling casual vacancies of, and the allowances payable to, the Chairman
and members of the Child Labour Technical Advisory Committee and the
conditions and restrictions subject to which a non-member may be appointed
to a sub-committee under sub-section (5) of section 5;
(b) number of hours for which a child
may be required or permitted to work under sub-section (1) of section 7;
(c) grant of certificates of age in
respect of young persons in employment or seeking employment, the medical
authorities which may issue such certificate, the form of such certificate,
the charges which may be made thereunder and the manner in which such
certificate may be issued.
PROVIDED that no charge shall be made for
the issue of any such certificate if the application is accompanied by
evidence of age deemed satisfactory by the authority concerned,
(d) the other particulars which a
register maintained under section 11 should contain.
19. Rules and notifications to be laid before
Parliament or State Legislature
(1) Every rule made under this Act by the
Central Government and every notification issued under section 4, shall be
laid, as soon as may be after it is made or issued, before each House of
Parliament, while it is in session for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and
if, before the expiry of the session immediately following the session or
the successive sessions aforesaid, both Houses agree in making any
modification in the rule or notification or both Houses agree that the rule
or notification should not be made or issued, the rule or notification shall
thereafter have effect only in such modified form or to be of no effect, as
the case may be; so, however, that any such modification or annulment shall
be without prejudice to the validity of anything previously done under that
rule or notification.
(2) Every rule made by a State Government
under this Act shall be laid as soon as may be after it is made, before the
Legislature of that State.
20. Certain other provisions of law not barred
Subject to the provisions contained in
section 15, the provisions of this Act and the rules made thereunder shall
be in addition to, and not in derogation of, the provisions of the Factories
Act, 1948, the Plantation Labour Act, 1951 and the Mines Act, 1952.
21. Power to remove difficulties
(1) If any difficulty arises in giving
effect to the provisions of this Act, the Central Government may, by order
published in the Official Gazette, make such provisions not inconsistent
with the provisions of this Act as appear to it to be necessary or expedient
for removal of the difficulty:
PROVIDED that no such order shall be made
after the expiry of a period of three years from the date on which this Act
receives the assent of the President.
(2) Every order made under this section
shall, as soon as may be after it is made, be laid before the Houses of
Parliament.
22. Repeal and saving
(1) The Employment of CHILDREN Act, 1938
(26 of 1938) is hereby repealed.
(2) Notwithstanding such repeal, anything
done or any action taken or purported to have been done or taken under the
Act so repealed shall, in so far as it is not inconsistent with the
provisions of this Act, be deemed to have been done or taken under the
corresponding provisions of this Act.
23. Amendment of Act 11 of 1948
In section 2 of the Minimum Wages Act, 1948,-
(i) for clause (a), the following clauses
shall be substituted, namely:-
(a) "adolescent" means a person who
has completed his fourteenth year of age but has not completed his
eighteenth year;
(aa) "adult" means a person who has
completed his eighteenth year of age;
(ii) after clause (b), the following
clause shall be inserted, namely:-
(bb) "child" means a person who
has not completed his fourteenth year of age;
24. Amendment of Act 69 of 1951
In the Plantations Labour Act, 1951,
(a) in section 2, in clauses (a) and (c),
for the word "fifteenth", the word "fourteenth" shall be substituted;
(b) section 24 shall be omitted;
(c) in section 26, in the opening
portion, the words "who has completed his twelfth year" shall be omitted.
25. Amendment of Act 44 of 1958
In the Merchant Shipping Act, 1958, in
section 109, for the word "fifteen" the word "fourteen" shall be
substituted.
26. Amendment of Act 27 of 1961
In the Motor Transport Workers Act, 1961, in
section 2, in clauses (A) and (c), for the word "fifteenth", the word
"fourteenth" shall be substituted.
SCHEDULE
[Section 3]
PART A: OCCUPATIONS
Any occupation connected with-
(1) Transport of passengers, goods or
mails by railway,-
(2) Cinder picking, clearing of an ash
pit or building operation in the railway premises;
(3) Work in a catering establishment at a
railway station, involving the movement of a vendor or any other employee of
the establishment from one platform to another or into or out of a moving
train;
(4) Work relating to the construction of
a railway station or with any other work where such work is done in close
proximity to or between the railway lines;
(5) A port authority within the limits of
any port;
2[(6) Work relating
to selling of crackers and fire works in shops with temporary licences.]
3[Abattoirs/
slaughter houses]
PART B: PROCESSES
(1) Bidi-making.
(2) Carpet weaving.
(3) Cement manufacture, including bagging
of cement.
(4) Cloth printing, dying and weaving.
(5) Manufacture of matches, explosives
and fire works.
(6) Mica cutting and splitting.
(7) Shellac manufacture.
(8) Soap manufacture.
(9) Tanning.
(10) Wool cleaning.
(11) Building and construction industry.
2(12) Manufacture of sate
pencils (including packing).
(13) Manufacture of products from agate.
(14) Manufacturing processes using toxic
metals and substances such a lead, mercury, manganese, chromium, cadmium,
benzene, pesticides and asbestos.]
3[(15) Hazardous processes' as
defined in section 2(cb) and "dangerous operations" as notified in rules
made under section 87 of the Factories Act, 1948 (63 of 1948)
(16) Printing as defined in section
2(k)(iv) of the Factories Act, 1948 (63 of 1948).
(17) Cashew and cashewnut descaling and
processing.
(18) Soldering processes in electronic
industries.]
1 Vide Notification No. SO 333(E), 26th. May,
1993 was specified by the Central Government as the date on which the
provisions of Part III of the said Act have come into force in respect of
all classes of establishments, throughout the territory of India, in which
none of the occupations and processes referred to in section 3 of this Act
are carried on.
2 Inserted by SO 404(E), dated 5th. June,
1989.
3 Inserted by SO 263(E), dated 29th. March,
1994.
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