The Child Labour (prohibition And Regulation) Act, 1986

 
 
 
 
 
 
 
 
INDEX  
The Child Labour (prohibition And Regulation) Act, 1986  
Section Particulars  
 
 PART I PRELIMINARY 
1.  Short title, extent and commencement.  
2. Definitions.  
  PART II PROHIBITION OF 
EMPLOYMEN T OF CHILDRE N 
 
3. Prohibition of employment of children in 
certain occupations and processes. 
 
4.  Power to amend the Schedule.  
5.  Child Labour Technical Advisory Committee.  
 PART III  REGULATION OF CONDITIONS OF WORK OF CHILDREN  
6.  Application of Part.  
7.  Hours and period of work.  
8.  Weekly holidays.  
9.  Notice to Inspector. 
10. Disputes as to age.  
11. Maintenance of register. 
12. Display of notice containing abstract of sections 3  and 14.  
13. Health and safety.  
 P ART IV MISCELLANEOUS  
14. Penalties.  
15. Modified application of certain laws i n  
relation to penalties. 
 
16. Procedure relating to offences.  
17. Appointment of Inspectors.  
18. Power to make rules.  
20. Certain other provisions of law not barred.  
21. Power to remove difficulties.  
22. Repeal and savings.  
23. Amendment of Act 11 of 1948.  
25. Amendment  of Act  44 of  1958.  
26. Amendment of Act 27 of 1961.  
The Child Labour (Prohibition and Regulation) Act, 1986  
 
THE CHILD LABOUR (PROHIBITION AND 
REGULATION) ACT, 1986  
 
ACT NO. 61 OF 1986  
 
[23rd December, 1986.]  
An Act   to prohibit   the engagement of children i n certain employments 
and to regulate the   conditions of   work of child ren in certain other 
employments.  
BE it enacted by Parliament in the Thirty-seventh Y ear 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 da te as the Central  Government 
may,  by notification in the Official Gazette, appo int, and different dates may be 
appointed for different States and for different classes of establishments.  
2 . Definitions.— In  this Act,  unless  the  context  otherwise requ ires,—  
(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 oilfiel d, 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 mi d- 
night;  
(iv) “establishment” includes a shop, commercial establishment, 
workshop, farm, 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 indivi dual, 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 af fairs 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 do es not include 
any premises to which the provisions of section 67 of the Factories 
Act, 1948 (63 of 1948), for the time being, apply. 
 
 
P ART II 
PROHIBITION OFEMPLOYMENT OF CHILDREN IN CERT AIN OCCUP ATIONS 
AND PROCESSES  
3 . Prohibition   of employment   of children in ce rtain 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 Sc hedule 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 les s 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 dee med to have been amended 
accordingly. 
5 . Child Labour Technical   Advisory Committee.— (1) The   Central 
Government may, by notification in the Official Gaz ette, constitute an advisory 
committee to be called the Child Labour Technical Advisory Committee (hereafter 
in this section referred to as the Committee) to ad vise  the   Central  Government 
for  the  purpose  of  addition  of occupations and processes to the Schedule.  
(2) The Committee shall consist of a Chairman and s uch 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 particul ar matter, any person who is not 
a member of the Committee.  
(5) The term of office, of the manner of filling ca sual vacancies in the 
office of, and the allowances, if any, payable to, the Chairman and other  members 
of the  Committee, and  the  conditions  and restri ctions subject to which the  
 
 
 
 
 
The Child Labour (Prohibition and Regulation) Act, 1986  
 
Committee may appoint any person who is not a membe r of the Committee as a 
member  of any  of its  sub-committees shall be such as may be prescribed.  
P ART III  
REGULATION OFCONDITIONS OFWORK OFCHILDREN  
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 fix ed 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 ho ur. 
(3) The period of work of a child shall be so arran ged 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 establishme nt 
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  t he 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 an y 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 an d 
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 med ical 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 a ll 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 em ployed 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 se ctions 3 and 14.— Every 
railway  administration, every port authority and e very 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 heal th 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 foregoin g provisions, the  
said rules may provide for all or any of the following matters, namely:—  
(a) cleanliness in the place of work and its freedo m from nuisance; 
(b) disposal of wastes and effluents;  
(c) ventilation and temperature;  
(d) dust and fume;  
(e) artificial humidification; 
(f) lighting; 
 
(g) drinking water;  
 
 
 
 
 
The Child Labour (Prohibition and Regulation) Act, 1986  
 
(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 month s 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 un der section 3, commits 
a  like  offence  afterwards, he shall  be punishab le 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 sec tion 11 or makes any false 
entry in any such register; or  
(c) fails to display a notice containing an abstrac t of section 3 and this 
section as required by section 12; or  
(d) fails to comply with or contravenes any other p rovisions 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.  
 
 
 
 
 
 
15. Modified application of  certain  laws in  rela tion to penalties.— (1) 
Where  any  person  is found guilty and convicted o f 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 A ct and not under the Acts in 
which those provisions are contained.  
(2) The provisions referred to in sub-section (1) a re the provisions mentioned 
below:—  
(a) section 67 of the Factories Act, 1948 (63 of 19 48); 
(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 offenc e 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  pur poses 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 Mag istrate 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 ca sual 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-co mmittee under 
sub-section (5) of section 5;  
(b) number of hours for which a child may be requir ed or permitted to work 
under sub-section (1) of section 7;  
(c) grant of certificates of age in respect of youn g persons in employment 
or seeking  employment,  the  medical  authorities which may  issue 
such  certificate, the form of such certificate, th e charges  which may 
be made thereunder and the manner in which such cer tificate may 
be issued:  
Provided that n o  charge  shall be made for the issue of any such ce rtificate if  
 
 
 
 
 
The Child Labour (Prohibition and Regulation) Act, 1986  
 
the application is accompanied by evidence of age d eemed satisfactory by the 
authority concerned;  
(d) the other particulars which a register maintain ed under section 11 should 
contain.  
19. Rules and notifications to be laid before Parli ament or State legislature. (1) 
Every rule made under this Act by the Central Gover nment and every notification 
issued under section 4, shall be laid, as soon as m ay be after it is made or issued, 
before each House of Parliament, while it is in ses sion 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, b oth 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 notificat ion 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 thi s Act shall be laid as 
soon as  may be  after it  is made, before the legi slature 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 Governme nt 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 s oon 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 a ny 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 provision s of this Act, be  deemed to  have 
been done or taken under the corresponding provisio ns 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 b e 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 Plantation s Labour Act, 1951,— 
(a) in section 2, in clauses (a) and (c), for the w ord “fifteenth”, the word  
“fourteenth” shall be substituted;  
(b) section 24 shall be omitted;  
(c) in section 26, in the opening portion, the word s “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 “four teen” 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.  
 
 
 
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