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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
PRELIMINARY
PART I
PRELIMINARY
1.
Short title, extent and commencement.
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.
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;
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(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
AND PROCESSES
PART II
PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS AND
PROCESSES
3.
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.
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.
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.
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(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
6.
Application of Part.
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.
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.
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.
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
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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.
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.
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.
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.
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.
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(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.
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.
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(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.
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.
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.
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.
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
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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
Statelegislature.
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.
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.
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.
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
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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.
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.
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.
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.
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.
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