Short title,
extent and commencement. (1) This Act may be called the Child
Labour (Prohibition and Regulation) Act, 1986.
It extends to the whole
of India.
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 establishments.
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 a period of twenty-four hours beginning at mid-night;
(iv) "establishment"
includes a shop, commercial establishment, workshop, farm,
residential hotel, restaurant, eating house, theatre or other place
of public amusement or entertainment; 1247
(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
indusrial 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. PART PROHIBITION OF EMPLOYMENT
OF CHILDREN IN CERTAIN OCCUPATIONS ANDPROCESSES PART II PROHIBITION
OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS AND PROCESSES
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.
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.
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. 1248
(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 restrictions 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.
PART REGULATION OF
CONDITIONS OF WORK OF CHILDREN PART III REGULATION OF CONDITIONS OF
WORK OF CHILDREN
Application of Part.
The provisions of this Part shall apply to an establishment or a
class of establishments in which none of the occupations or
processes referred to in section 3 is carried on.
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 a.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.
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.
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 1249 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 sections
7,8 and 9 shall apply to any establishment 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.
Disputes as to age.
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 a 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.
Maintenance of
register. 11. Maintenance of register. There 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.
Display of notice
containing abstract of sections 3 and 14. Every railway
administration, every port authority and every occupier shall cause
to be displayed in a conspicuous and accessible place at every
station on its railway or within the limits of a port or at the
place of work, as the case may be, a notice in the local language
and in the English language containing an abstract of sections 3 and
14.
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. 1250 (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. PART MISCELLANEOUS PART IV MISCELLANEOUS
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. 1251 (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 month or with fine which may extend to ten thousand
rupees or with both.
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 as
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 the Mines Act, 1952 (35 of 1982); (c)
section 109 of the Merchant Shipping Act, 1958 (44 of 1958); and (d)
section 21 of the Motor Transport Workers Act, 1961 (27 of 1961).
Procedure relating to
offences. (1) Any person, police officer or Inspector may file a
complaint 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.
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).
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 1252
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.
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 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.
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 (63 of 1948), the Plantations Labour Act,
1951 (69 of 1951) and the Mines Act, 1952 (35 of 1952).
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.
Repeal and savings.
(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 1253 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.
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;'.
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.
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.
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.
