LexThe CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986
Jharkhand · state statute
Open in Lexace · Ask the AI about this actTHE 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 th e Central Government may, by notification in
the Official Gazette, appoint, and different dates may be a ppointed 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 Governme nt, 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, commerc ial establishment, workshop,
farm, residential hotel, restaurant, ea ting 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 i ndividual, 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 appr oved in writing for a particular area by
the Inspector;
(x) "workshop" means any premises (including the precincts thereof) wherein
any industrial process is car ried on, but does not includ e any premises to which
the provisions of section 67 of the Factor ies 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 childre n 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 s ection shall apply to any work shop 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 th an three months notice of its intention so
to do, may, by like notification, add any occupati on 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 G azette, constitute an advisory committee to be called the
Child Labour Technical Advisory Committee (hereaf ter in this section referred to as the
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Committee) to advise the Central Govern ment 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 n ecessary 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 ma tter, any person who is not a member of the
Committee.
(5) The term of office, of the manner of fil ling 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 re strictions 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 th e occupations or proces ses 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.
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(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 establis hment, who employs, or permits to work,
any child after the date of comme ncement of this Act in relati on 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" mean s 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 em ployed or is permitted to work by him in
an establishment, the question shall, in th e absence of a certifi cate 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.
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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 sec tions 3 and 14.-- Every railway
administration, every port author ity and every occupier shall cau se 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 an d safety of the children employed or
permitted to work in any establishment or class of establishments.
(2) Without prejudice to the generality of the fo regoing 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;
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(k) work at or near machinery in motion;
(l) employment of children on dangerous machines;
(m) instructions, training and supervis ion 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.
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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 imprisonm ent, 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 th e 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 Metropo litan 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 w ith the provisions of this Act and any
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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 pub lication, 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 re spect of young persons in employment or
seeking employment, the medical authorities, which may issue such
certificate, the form of such certificate, charges , which may be made thereunder,
and the manner in which such certificate may be issued:
Provided that no charge sh all 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 regi ster maintained under section 11, should
contain.
19. Rules and notifications to be laid be fore Parliament or State legislature.-- (1)
Every rule made under this Act by the Central Government a nd 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 immedi ately following the session or the
successive sessions aforesaid, both Houses ag ree 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 sh all 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.
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20. Certain other provisions of law not barred.-- Subject to the provisions contained in
section 15, the provisions of this Act and the ru les 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 or der 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 af ter 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 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 clause s (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.
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25. Amendment of Ac t 44 of 1958.-- In the Merchant Shippi ng Act, 1958, in section
109, for the word "fifteen", the word "fourteen" shall be substituted.
26. Amendment of Ac t 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.