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CHAPTER 12
CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986 LA
lEPROHIBITION AND REGULATION) ACT
Learning Objective
After studying this Chapter, the student is able to understand,
acclimatized with the legal frame work stipulated under the Child Labour (Prohibition and Regulation)
Act, 1986.
no child below the age of 14 years is to be employed in any factory, mine or any hazardous employment.
Child labour is a concrete manifestation of violations of a range of rights of children and is recognised as
a serious social problem in India.
UNIT STRUCTURE
12.1 Introduction
12.2 Object Of The Act
12.3 Definitions
12.4 Applicability
12.5 Prohibition Of Employment Of Children In Certain Occupations And Processes
12.6 Child Labour Technical Advisory Committee
12.7 Regulation Of Conditions Of Work Of Children
12.8 Penalties (Section 14)
12.9 Power Of Central/Appropriate Government
12.10 Where To Make Complaint
12.11 Prohibited Occupations
12.12 Prohibited Proceses
Summary
Review Questions
12.1 INTRODUCTION
The Child Labour (Prohibition and Regulation )Act, 1986 enacted to prohibit the
engagement of children below the age of fourteen years in factories, mines and hazardous
employments and to regulate their conditions of work in certain other establishments.
(Article 24)
Article 39 requires the states to direct its policy towards ensuring that the tender age of
children is not abused and that they are not forced by economic necessity to enter
avocations unsuited to their age or strength.
12.2 OBJECT OF THE ACT
The basic objective of the Child Labor (Prohibition & Regulation) Act, 1986 is to prohibit the
engagement of children in certain employments and to regulate the conditions of work or
children in certain other employments.
To ban the employment of children in specified occupations and processes
To lay down a procedure to decide modification to the schedule of banned occupations
and processes.
To regulate the conditions of work of children in employments where they are not
prohibited from working
To lay down enhanced penalties for employment of children in violation of the provisions
of this Act and other Acts which forbid the employment of children.
It extends to the whole of India
12.3 DEFINITIONS
Appropriate Government means, in relation to an establishment under the control of 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.
Child: Child means a person who has not completed his fourteen years of age.
Day means a period of twenty four hours beginning at mid night.
Children can be employed in the process of packing but packing should be done in any area
away from the place of manufacturing to avoid exposure to accident.
Central Government has been empowered under section 4 to add any occupation or processes to
the schedule after giving not less than three months notice.
12.6 CHILD LABOUR TECHNICAL ADVISORY COMMITTEE
The Central Government may, constitute an advisory committee to be called the Child
Labour Technical Advisory Committee.
The Committee shall consist of a Chairman and such other members not exceeding ten,
as may be appointed by the Central Government.
It shall advise the Central Government for the purpose of addition of occupations and
processes to the schedule.
The Committee shall meet as often as it may consider necessary.
The Committee shall have power to regulate its own procedure.
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.
WEEKLY HOLIDAYS (Section 8)
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.
NOTICE TO INSPECTOR
Section 9 provides that every occupier in relation to an establishment who employs, or
permits to work, any child 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 namely:
The name and situation of the establishment.
The name of the person in actual management of the establishment.
The address to which communications relating to the establishment should be sent.
The nature of the occupation or process carried on in the establishment.
SECTION 10- DISPUTES AS TO AGE:
If any question arises between an inspector and an occupier as to the age of any child, in the
absence of a certificate in Form C 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.( A govt.
medical officer not below the rank of an Assistant surgeon of a district or on officers having
equivalent rank in ESI Dispensaries or hospitals (Section-10 read with Rule-16)Inspector and
Occupier certificate is important to be produced by the occupier and issued by Medical Authority.
MAINTENANCE OF REGISTER-SECTION 11
Every occupier in respect of children employed or permitted to work in any establishment,
maintained 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:
The name and date of birth of every child so employed or permitted to work.
Hours and periods of work of any such child and the intervals of rest to which he is
entitled.
The nature of work of any such child.
Such other particulars as may be prescribed.
SECTION 12 -DISPLAY OF NOTICE CONTAINING ABSTRACT OF SECTION 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.
HEALTH AND SAFETY (SEC 13)
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.
Without prejudice to the generality of the foregoing provisions, the said rules may
Excessive weights
Protection of eyes
Explosive or inflammable dust, gas, etc.
Precautions in case of fire.
Maintenance of buildings.
Safety of buildings and machinery.
Beedi making.
Carpet Weaving.
Cement manufacture including bagging of cement.
Cloth printing, dyeing and weaving.
Manufacture of matches, explosive and fireworks.
Shellac manufacture.
Soap manufacture.
Tanning.
Wool cleaning.
Building and construction industry.
Manufacture of slate pencils (including packing).
Manufacture of products of agate.
Manufacturing processes using toxic metals and substances such as lead, mercury,
manganese.
Chromium, cadmium, benzene, pesticides and asbestos (Section-3).
All Hazardous process an defined in section 2( cb) and dangerous operations as notified
printing).
Brick kilns and Roof files units.
Cotton ginning and processing and production of hosiery goods.
Detergent manufacturing.
Fabrication workshop (ferrous and non-ferrous).
Gem cutting and polishing.
Handling of chromites and manganese ores.
Jute textile manufacture and of coir making.
Lime kilns and manufacture of lime.
Lock making.
Manufacturing process having exposure to lead such as primary and secondary smelting,
welding etc.
Manufacture of glass, glass ware including bangles fluorescent tubes bulbs and other
similar glass products.
Manufacturing of cement pipes, cement products, and other related work.
Manufacture of dyes and dye stuff.
Manufacturing or handling of pesticides and insecticides
cleaning.
Photo enlarging and soldering processes in electronic industry
Manufacturing of buring coal and coal briquette.
Manufacturing of sports goods involving to synthetic materials, chemicals and leather.
Moulding and processing of fiberglass and plastics.
Oil expelling and refinery.
Paper making.
Potteries and ceramic industry.
Polishing, moulding, cutting welding and manufacture of brass goods in all forms.
Process in agriculture where tractors, threshing and harvesting machines are used and
chaff cutting.
Saw mill all process.
Sericulture processing.
Skinning dyeing and process for manufacturing of leather and leather products.
Stone breaking and stone crushing.
Tobacco processing including manufacturing of tobacco, tobacco paste and handling of
SUMMARY
The Child Labour (Prohibition and Regulation) Act 1986 prohibits employment of children
below the age of 14 years in any factory or any hazardous employment Any person who employs
child he is liable for punishment with imprisonment for 3 month which can be extended to 1 year
or Rs.20,000 fine It Provides free and compulsory education for all children until they complete
the age of 14 years Many beggar childrens and other similar forms of forced labour are
prohibited and violation of this provision shall be an offence punishable in accordance with law.
REVIEW QUESTIONS
1. What is the objective and Scope of Child Labour (Prohibition and Regulation) Act, 1986
2. What are the provisions related to prohibition of employment of children in certain
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