THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986
ACT NO. 61 OF 1986 [23rd
December, 1986.]
An Act to prohibit the engagement of children in certain
employments and to regulate the conditions of work of children in certain other
employments.
BE it enacted by Parliament in the Thirty-seventh Year of the
Republic of India as follows:--
PART I
PRELIMINARY
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 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 II
PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS AND PROCESSES
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. 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 III
REGULATION OF CONDITIONS OF WORK OF CHILDREN
6.
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.
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
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.
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 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.
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.
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.
12. 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.
13. 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 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.
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 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).
16. 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.
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 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.
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 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 (63 of
1948), the Plantations Labour Act, 1951 (69 of 1951) and the Mines Act, 1952 (35
of 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 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.
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
Source: indiacode.nic.in
