Create Child Labour Act 1986

Child Labour Act
Child labour refers to the employment of children at regular and sustained labour. This practice is considered exploitative by several international organizations and is illegal in several countries. Child labour was used to varying extents through most of history, but entered public dispute with the advent of universal schooling, with changes in working conditions during the industrial revolution, and with the emergence of the concepts of workers' and children's rights.

The Child Labour Act was enacted in 1986 and it repealed the earlier Act of 1938. The main purpose of the child labour Act was to abolish child labour from certain industries completely and in others where child labour would be allowed, to regulate the child labour. The Child labour Act is divided in four parts and the most important sections are Section 3 which is to be read with the schedule and the entire Part III comprising of Sections 7 to 13 which list down the conditions of the work of children.

PREAMBLE

[61 of 1986]

lna-1 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 :

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 date1 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.

———————————————-

1. Part III came into force on 26th May, 1993, vide S.O. 333(E), dated 26th May, 1993.

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 midnight;

(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 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 Sec. 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 industrial process is carried on, but does not include any premises to which the provisions of Sec. 67 of the Factories Act, 1948 (63 of 1948), for the time being, apply.

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.

COMMENTS

(i) Children can be employed in the process of packing but packing should be done in an area away from the place of manufacture to avoid exposure to accident; M.C. Mehta v. State of Tamil Nadu , AIR 1991 SC 417.

(ii) The prohibition of employment of children is not applicable 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.

(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 allowance, 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.

6. APPLICATION OF PART. -

The provisions of this Part shall apply to an establishment or a class of establishments in which none to the occupations or processes referred to in Sec. 3 is carried on.

COMMENTS

This section regulates the working conditions of the children in employments where they are not prohibited from working by section 3 of this Act. .

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.

COMMENTS

This section stipulates that no child shall work for more than 3 hours before he has had an interval for rest for at least one hour. The double employment of a child is banned.

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.

COMMENTS

The child employed in an establishment is entitled for a holiday of one whole day in each week.

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 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 Secs. 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 SECS. 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 Secs. 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.

(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.

COMMENTS

The appropriate Government is empowered to make rules in such matters as cleanliness, disposal of wastes, dust, lighting, precaution against fire, protection of eyes, spittoons and ventilations, etc., in any establishment for the health and safety of the children employed or permitted to work.

14. PENALTIES.-

(1) Whoever employs any child or permits any child to work in contravention of the provisions of Sec. 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 Sec. 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.

(3) Whoever -

(a) fails to give notice as required by Sec. 9, or

(b) fails to maintain a register as required by Sec. 11 or makes any false entry in any such register; or

(c) fails to display a notice containing an abstract of Sec. 3 and this section as required by Sec. 12; or

(d) fails to comply with or contravenes any other provisions of this Act or the rules made there under,

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 Sec. 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 provision mentioned below :

(a) Sec. 67 of the Factories Act, 1948 (63 of 1948);

(b) Sec. 40 of the Mines Act, 1952 (35 of 1952);

(c) Sec. 109 of the Merchant Shipping Act, 1958 (44 of 1958); and

(d) Sec. 21 of the Motor Transport Workers Act, 1961 (27 of 1961).

COMMENTS

Sections of the above quoted Acts are reproduced below:-—

(i) Section 67 of the Factories Act, 1948:

No child who has not completed his fourteenth year shall be required or allowed to work in any factory.

(ii) Section 40 of the Mines Act, 1952:

(1) After the commencement of the Mines (Amendment) Act, 1983, no person below 18 years of age shall be allowed to work in any mine or part thereof.

(2) Notwithstanding anything contained in sub-section (1), apprentices and other trainees, not below sixteen years of age, may be allowed to work, under proper supervision, in a mine or part thereof by the manager:

Provided that in case of trainees, other than apprentices, prior approval of the Chief Inspector or an Inspector shall be obtained before they are allowed to work.

Explanation .—In this section and in section 43, “apprentice” means an apprentice as defined in clause (a) of section 2 of the Apprentices Act, 1961 (52 of 1961).

Clause (a) of section 2 of the Apprentices Act, 1961 (52 of 1961) defines “apprentice” as:

Apprentice means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship.

(iii) Section 109 of the Merchant Shipping Act, 1958:

No person under fifteen years of age shall be engaged or carried to sea to work in any capacity in any ship, except—

(a) in a school ship, or training ship, in accordance with the prescribed conditions; or

(b) in a ship in which all persons employed are members of one family; or

(c) in a home-trade ship of less than two hundred tons gross; or

(d) where such person is to be employed on nominal wages and will be in the charge of his father or other adult near male relative.

(iv) Section 21 of the Motor Transport Workers Act, 1961:

No child shall be required or allowed to work in any capacity in any motor transport undertaking.

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).

COMMENTS

The Inspectors appointed under section 17 would see that for each child employed in violation of the provisions of the Act, the concerned employer pays Rs. 20,000 which sum could be deposited in a fund to be known as Child Labour Rehabilitation-cum-Welfare Fund; M.C. Mehta v. State of Tamil Nadu , AIR 1997 SC 699.

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 and restrictions subject to which a non-member may be appointed to a sub-committee under sub-section (5) of Sec. 5;

(b) number of hours for which a child may be required or permitted to work under sub-section (1) of Sec. 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 there under 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 Sec. 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 Sec. 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 Sec. 15, the provisions of this Act and the rules made there under 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 here-by 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. -

*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’.

———-

* Sections 23 to 26 have been repealed by section 2 and First Schedule of the Repealing and Amending Act, 2001 (30 of 2001) (w.e.f. 3-9-2001). The repeal by this Act shall not effect any other enactment in which the repealed enactment has been applied, incorporated or referred to.

24. AMENDMENT OF ACT 69 OF 1951. -

In the Plantations Labour Act, 1951, -

(a) in Sec. 2, in Cls. (a) and (c), for the word “fifteenth”, the word “fourteenth” shall be substituted;

(b) Sec. 24 shall be omitted;

(c) In Sec. 26, in the opening portion, the words “who has completed his twelfth year” shall be omitted.

———-

* Sections 23 to 26 have been repealed by section 2 and First Schedule of the Repealing and Amending Act, 2001 (30 of 2001) (w.e.f. 3-9-2001). The repeal by this Act shall not effect any other enactment in which the repealed enactment has been applied, incorporated or referred to.

25. AMENDMENT OF ACT 44 OF 1958. -

* In the Merchant Shipping Act, 1958, in Sec. 109, for the word “fifteen”, the word “fourteen” shall be substituted.

———-

* Sections 23 to 26 have been repealed by section 2 and First Schedule of the Repealing and Amending Act, 2001 (30 of 2001) (w.e.f. 3-9-2001). The repeal by this Act shall not effect any other enactment in which the repealed enactment has been applied, incorporated or referred to.

26. AMENDMENT OF ACT 27 OF 1961. -

In the Motor Transport Workers Act, 1961, in Sec. 2, in Cls. (a) and (c), for the word “fifteenth”, the word “fourteenth” shall be substituted.

Schedule
Sch. THE SCHEDULE-

PART A OCCUPATIONS

Any occupation connected with -

(1) Transport of passengers, goods or mails by railway;

(2) Cinder picking, clearing of an ash pit or building operation in the railway premises;

(3) Work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from one platform to another or into or out of a moving train;

(4) Work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines;

(5) A port authority within the limits of any port.

(6) Work relating to selling of crackers and fireworks in shops with temporary licences.

(7) Abattoirs/slaughter Houses.

Sch. THE SCHEDULE-

PART B PROCESSES

(1) Bidi-making.

(2) Carpet-weaving.

(3) Cement manufacture, including bagging of cement.

(4) Cloth printing, dyeing and weaving.

(5) Manufacture of matches, explosives and fire-works.

(6) Mica-cutting and splitting.

(7) Shellac manufacture.

(8) Soap manufacture.

(9) Tanning.

(10) Wool-cleaning.

(11) Building and construction industry.

(12) Manufacture of slate pencils (including packing).

(13) Manufacture of products from agate.

(14) Manufacturing processes using toxic metals and substances, such

as, lead, mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos.

(15) “Hazardous processes” as defined in Sec. 2 (cb) and dangerous operations as defined in rules made under Sec. 87 of the Factories Act, 1948 (63 of 1948).

(16) Printing as defined in Sec. 2(k) (iv) of the Factories Act. 1948 (63 of 1948).

(17) Cashew and cashew nut decaling and processing.

(18) Soldering processes in electronic industries.