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The Child and Adolescent Labour Prohibition Amp Regulation Act 1986 0

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18 views16 pages

The Child and Adolescent Labour Prohibition Amp Regulation Act 1986 0

Uploaded by

Yash Gupta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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THE CHILD AND ADOLESCENT LABOUR

(PROHIBITION AND REGULAl'ION) ACT, 1986*


(61 of 1986)
[23rd December,1986]
1[An Act to prohibit the engagement of children in all occupations and to prohibit
the engagement of adolescents in hazardous occupations and processes and the nuztters
connected therewith or incidental thereto.]
BE it enacted by Parliament in the Thirty-seventh Year of the Republic of
India as follows:-
PART I
PRELIMINARY
1. Short tiUe, extent and commencement.- (1) This Act may be called 2[the
Child and Adolescent 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 came into force at
once, and Part lll shall come into force on such date3 as the Central Government
may1 by notification ln the Official Gazette, appoint, and different dates may be
appointed for different States and for different classes of establishments.
2. Definitions.-In this Act, unless the context otherwise requires 1-

4[(i) " adolescent' 1 means a person who has completed his fourteenth year
of age but has not completed his eighteenth year;]
5 [(ia)] "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 mlne or oilfield, the Central
Government, and in all other cases, the State Government;
6 [(li) "child" means a person who has not completed his fourteenth year

of age or such age as may be specified in the Right of Children to


Free and Compulsory Education Act, 2009 (35 of 2009), whichever
is more;]

* By section 3 of Ute Child. Labour (Prohibition and Regulation) Amendment Act, 2016 (JS of
2016) nomenclature of the Act has been substituted for "the Child. Labou.r (Prohibition and
Regulation) Act, 1986 (61 of 1986)."
1. Subs. by Act JS of 2016, sec. 2, for "An Act to prohibit the engagement of children in certain
employments and to regulate the conditions of work of children in certain other employments.".
2. Subs. by Act 35 of 2016, sec. 3, for "the Child Labour (Prohibition and Regulation) Act,
1986".
3. Part [U carne into force on 26th May, 1993, vide S.O. 333(E), dated 26th May, 1993.
4. lrls. by Act 35 of 2016, sec. 4(a).
5. Clause (i) renumbered as clause (ia) thereof by Act 35 of 2016, sec. 4(a).
6. Subs. by Act 35 of 2016, sec. 4(b), for clause (ii). Clause (ii), before substitution, stood as
under.
'(ii) "child" means a person who has not completed his fourteenth year of age;'.

3
4 The Child and Adolescent Labour (Prohibition and (Sec. 2
Regulation) Act, 1986
(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;
(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;
;l (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 section 67 of the Factories
Act, 1948 (63 of 1948), for the time being, apply.
PART II
PROHIBITION OF EMPLOYMENT OF CHILDREN IN
CERTAIN OCCUPATIONS AND PROCESSES
1 [3. Prohibition of employment of children in any occupation and

process.-(1) No child shall be employed or permitted to work in any occupation


or process.
(2) Nothing in sub-section (1) shall apply where the child,-
(a) helps his family or family enterprise, which is other than any ~
hazardous occupations or processes set forth in the Schedule, after
his school hottrs or during vacations;
(b) works as an artist in an audio-visual entertainment industry,
including advertisement, films, television serials or any such other
entertainment or sports activities except the circus, subject to such
conditions and safety measures, as may be prescribed:
Provided that no such work under this clause shall effect the school education
of the child.

1. Subs. by Act 35 of 2016, sec. 5, for section 3. Section 3, before substitution, stood as under:
"3. Prohibilion 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.".
Sec. 5) The Child and Adolescent Labour (Prohibition and 5
Regulation) Act, 1986
Explanation.-For the purposes of this section, the expression,
(a) "family" in relation to a child, means his mother, father, brother,
sister and father's sister and brother and mother's sister and
brother;
(b) "family enterprise" means any work, profession, manufacture or
business which is performed by the members of the family with
the engagement of other persons;
(c) "artist" means a child who performs or practices any work as a
hobby or profession directly involving him as an actor, singer, sports
person or in such other activity as may be prescribed relating to the
entertainment or sports activities faUing under clause (b) of sub-
section (2).J
1[3A. Prohibition of employment of adolescents in certain hazardous

occupations and processes.-No adolescent shall be employed or permitted


to work in any of the hazardous occupations or processes set forth in the
Schedule:
Provided that the Central Government may, by notification, specify the
nature of the non-hazardous work to which an adolescent may be permitted to
work under this Act. J
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, 2[add to, or, omit from, the
Schedule any hazardous occupation or process] and thereupon the Schedule
shall be deemed to have been amended accordingly.
5. 3 [Technical Advisory Committee].-(1) The Central Government may, by
notification in the Official Gazette, constitute an advisory committee to be called
the 4 [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.

1. Ins. by Act 35 of 2016, sec. 6.


2. Subs. by Act 35 of 2016, sec. 7, for "add any occupation or process to the Schedule".
3. Subs. by Act 35 of 2016, sec. S(i), for "Child !.Jibour Technical Advisory Committee".
4. Subs. by Act 35 of 2016, sec. S(ii), for "Child labour Technical Advisory Committee".
6 The Child and Adolescent Labour (Prohibition and [Sec. 5
Regulation) Act, 1986
(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.

PART UI
REGULATION OF CONDITIONS OF WORK OF 1 [ADOLESCENTS]
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 2 [section 3A] is carried on.
COMMENTS
This section regulates the working conditions of the adolescent in employments
where they are not prohibited from working by section 3 of this Act.
7. Hours and period of work.-(1) No 3[adolescent] 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 3[adolescent] 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 3[adolescent] 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 3[adolescent] shall be permitted or required to work between 7 p.m.
and 8 a.m.
(5) No 3[adolescent] shall be required or permitted to work overtime.
(6) No 3[adolescent] 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 adolescent 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 adolescent
is banned.
8. Weekly holidays.-Every 4 [adolescent] 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

1. Subs. by Act 35 of 2016, sec. 9, for "Cl-ULDREN".


2. Subs. by Act 35 of 2016, sec. 10, for "section 3".
3. Subs. by Act 35 of 2016, sec. 11, for "duld".
4. Subs. by Act 35 of 2016, sec. 12, for "child".
Sec. 11] The Child and Adolescent Labour {Prohibition and 7
Regulation) Act, 1986
place in the establishment and the day so specified shall not be altered by the
occupier more than once in three months.
COMMENTS
The adolescent 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 1[adolescent] 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) th.e 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 1[adolescent] 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.-U any question arises between an Inspector and an
occupier as to the age of any 2[adolescent] 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 2 [adolescent] granted by the prescribed medical authority,
be referred by the Inspector for decision to the prescribed medical authority.
11. Main tenance of register.-There shall be maintained by every occupier
in respect of 3[adolescent] 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-

1. Subs. by Act 35 of 2016, sec. 13, for ''child".


2. Subs. by Act 35 of 2016, sec. 1~. for "child".
3. Subs. by Act 35 of 2016, sec. 15(a), for ''children".
8 The Child and Adolescent Labour (Prohibition and (Sec. 11
Regulation) Act, 1986
(a) the name and date of birth of every 1[adolescent] so employed or
permitted to work;
(b) hours and periods of work of any such 1[adolescent] and the intervals
of rest to which he is entitled;
(c) the nature of work of any such 1[adolescent]; and
(d) such other particulars as may be prescribed.
12. Display of notice containing abstract of 2 [sections 3A 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 3 [sections 3A 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
4 [adolescent] employed or permitted to work in any establishment or class of

establishments.
.I (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 4[adolescent] on dangerous machines;
(m) instructions, training and supervision in relation to employment of
4 [adolescent] on dangerous machines;

(n) device for cutting off power;


(o) self-acting machines;

1. Subs. by Act 35 of 2016, sec. lS(b), for "child".


2. Subs. by Act 35 of 2016, sec. 16(a), for "sections 3 and 14".
3. Subs. by Act 35 of 2016, sec. l6(b), for "sections 3 and 14".
4. Subs. by Act 35 of 2016, sec. 17, for "children".

--
' --

Sec. 14) The Child and Adolescent Labour (Prohibition and 9


Regulation) Act, 1986
(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
adolescents employed or permitted to work.

PART fV
MISCELLANEOUS
1
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 six months but which may
extend to two years, or with fine which shall not be less than twenty thousand
rupees but which may extend to fifty thousand rupees, or with both:
Provided that the parents or guardians of such children shall not be punished
unless they permit such child for commerciaJ purposes in contravention of the
provisions of section 3.]
1[(1A) Whoever employs any adolescent or permits any adolescent to

work in contravention of the provisions of section 3A shall be punishable with


imprisonment for a term which shall not be less than six months but which may
extend to two years or with fine which shall not be less than twenty thousand
rupees but which may extend to fifty thousand rupees, or with both:
Provided that the parents or guardians of such adolescent shall not be
punished unless they permit such adolescent to work in contravention of the
provisions of section 3A.]
1[(1B) Notwithstanding anything contained in sub-sections (1) and (lA)

the parents or guardians of any child or adolescent referred to in section 3 or


section 3A, shall not be liable for punishment, in case of the first offence.]

1. Subs. by Act' 35 of 2016, sec. 18(a), for sub-section (1). Sub·section (1), before substitution,
stood as under:
"(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 tlu:ee months but which may extend to one year or w1th fine which shall not
be less than ten thousand rupees but which may extend to twenty thousand rupees or
w1th both.".
10 The Chtld and Adolescent Labour (Prohibiflon and [Sec 14
Regulation) Act, 1986
1[(2)
Whoever, having been convicted of an offence under sechon 3 or
section 3A commits a like offence afterwards, he shall be punishable with
imprisonment for a term which shall not be less than one year but which may
extend to three years.]
1[(2A) Notwithstanding anything contained in sub-section (2), the parents

or guardian having been convicted of an offence under section 3 or section 3A,


commits a like offence afterwards, he shall be punishable with a fine which may
extend to ten thousand rupees.]
(3) Whoever-
2[***1
(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.
3 [14A. Offences to be Cognizable.-Notwithstanding anything contained in
the Code of Criminal Procedure, 1973 (2 of 1974), any offence committed by an
employer and punishable under section 3 or section 3A shall be cognizable.]
3 [148. Child and Adolescent labour Rehabilitation Fund.-(1) The
appropriate Government shall constitute a Fund in every district or for two or
more districts to be called the Child and Adolescent Labour Rehabilitation Fund
to which the amount of the fine realized from the employer of the child and
adolescent, within the jurisdiction of such district or districts shall be credited.
{2) The appropriate Government shall credit an amount of fifteen thousand
rupees to the Fund for each child or adolescent for whom the fine amount has
been credited under sub-section (1).
(3) The amount credited to the Fund under sub-section (1) and (2) shall
be deposited in such banks or invested in such manner, as the appropriate
Government may decide.
(4) The amount deposited or invested, as the case may be under sub-
section (3), and the interest accrued on it, shall be paid on the child or
adolescent in whose favour such amount is credited, in such manner as may
be prescribed.

I. Subs. by Act 35 of 2016, sec. 18(b), for sub-section (2). Sub-section (2), before substitution,
stood as under:
"(2) Whoever, having been convicted of an offence under section 3, commits a like
offence afterwards, he shall be punishable w1th imprisonment for a term which shall not
be less than six months but which may extend to two years.".
2. Clauses (a), (b) and (c) omitted by Act 35 of 2016, sec. 18(c) Clauses (a), (b) and (c), before
omision, stood as under:
"(a) fails to give notice as required by section 9; or
(b) fails to maintain a register as reqwred 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".
3 Ins by Act 35 of 2016, sec. 19.
Sec. 15) The Child and Adolescent Labour (Prohibition and 11
Regulation) Act, 1986
Explanation.- For the purposes of appropriate Government the Central
Government shall include the Administrator or the Lieutenant Governor of a
Union territory under article 239A of the Constitution.]
1[14C. Rehabilitation of rescued child or adolescent.-The child or

l adolescent, who is employed in contravention of the provisions of this Act and


rescued, shall be rehabilitated in accordance with the laws for the time being
in force.]
1
[140. Compounding of offences.-(1) Notwithstanding anything contained
in the Code of Criminal Procedure, 1973 (2 of 1974), the District Magistrate may,
on the application of the accused person, compotmd any offence committed
for the first time by him, under sub-section (3) of section 14 or any offence
committed by an accused person being parent or a guardian, in such manner
and on payment of such amount to the appropriate Government, as may be
prescribed.
(2) If the accused fails to pay such amount for composition of the offence,
then, the proceedings shall be continued against such person in accordance with
the provisions of this Act.
(3) Where any offence is compounded before the institution of any
prosecution, no prosecution shall be instituted in relation to such offence, against
the offender in relation to whom the offence is so compounded.
(4) Where the composition of any offence is made after the institution of
any prosecution, such composition shall be brought in writing, to the notice
of the Court in which the prosecution is pending and on the approval of the
composition of the offence being given, the person against whom the offence is
so compounded, shall be discharged.]
15. Modified application of certain laws in relation to penalties.-(!)
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 1952);
(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).
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.

1. Ins. by Act 35 of 2016, sec. 19.


12 The Child and Adolescent Labour (Prohibition and [Sec. 15
Regulation) Act, 1986
(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 pact thereof by the manager:
Provided that in case of trainees, other than apprentices, pnor approval
of the Chief Inspector or an Inspector shall be obtained before they are
allowed to work.
Explanativn.-ln 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 cawed 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 cu1d 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 shaU be required or allowed to work in any capacity in any motor
transport undertaking.
16. Procedure relating to offences.-(!) 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 Insp ectors.-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, 1860 (45 of 1860).
Sec. 18] The Child and Adolescent Labour (Prohibition and 13
Regulation) Act, 1986
COMMENT
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.
1
[17A. District Magistrate to implement the provisions.- The appropriate
Government may confer such powers and impose such duties on a District
Magistrate as may be necessary, to ensure that the provisions of this Act
are properly carried out and the District Magistrate may specify the officer,
subordinate to him, who shall exercise all or any of the powers, and perform
all or any of the duties, so conferred or imposed and the local limits within
which such powers or duties shall be carried out by the officer as may be
prescribed.]
1[17B. Inspection and monitoring.- The appropriate Government shall make
or cause to be made periodic inspection of the places at which the employment
of children is prohibited and hazardous occupations or processes are carried
out at such intervals as it thinks fit, and monitor the issues, relating to the
provisions of this Act.]
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:-
2[(a) the conditions and the safety measures under clause (b) of sub-
section (2) and other activities under clause (b) to Explanation of
sub-section (2) of section 3;]
3 [(b)] the term of office of, the manner of filling casual vacancies of, and the
allowances payable to, the Chairman and members of the 4[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;
5 [(c)] number of hours for which a 6[adolescent] may be required or

permitted to work under sub-section (1) of section 7;

I. Ins. by Act 35 of 2016, sec 20.


2. lns. by Act 35 of 2016, sec. 2l(i).
3. Clause (a) relettered as clause (b) thereof by Act 35 of 2016, sec. 2l(i).
4 Subs. by Act 35 of 2016, sec. 21(ii), for "Child Labour Technical Advisory Committer".
5 Clauses (b), (c) and (d) relettered as clauses (c), (d) and (e) thereof by Act 35 of 2016,
sec. 21(ili).
6. Subs. by Act 35 of 2016, sec. 21(iii), for "child".
14 The Child and Adolescent Labour (ProhibitiOn and [Sec. 18
Regulation) Act, 1986
1
[(d)) 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;
1
[(e)] the other particulars which a register maintained under section 11
should contain.
2 ((f) the manner of payment of amount to the child or adolescent under
sub-section (4) of section 14B;]
2 [(g) the manner of composition of the offence and payment of amount to

the appropriate Government under sub-section (1) of section 140;)


2[(h) the powers to be exercised and the duties to be performed by the

officer specified and the local limits within which such powers or
duties shall be carried out under section 17A.]
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, wrule 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 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 d.ifficulties.-(1) If any difficulty arises in giving effect
to the provisions of this Act, the Central Government may, by order published

1. Clauses (b), (c) and (d) relettered a> clauses (c), (d) and (e) thereof by Act 35 of 2016,
sec. 21(iii).
2. Ins. by Act 35 of 2016, sec. 2l(iv).
8 Sec. 26] The Child and Adolescent Labour (Prohibition and 15
Regulation) Act, 1986
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 o rder 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 o rder 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.-ln 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 four teenth
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 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.-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.-ln the Motor Transport Workers Act,
1961, in section 2, in clauses (a) and (c), for the word "fifteenth", the word
"fou rteenth" 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.
16 The Child and Adolescent Labour (Prohibition and [Sch.
Regulation) Act, 1986
1[THE SCHEDULE
(See section 3A)
(1) Mines.

1. Subs. by Act 35 of 2016, for Schedule. Earlier the Schedule was amended by S.O. 2469(E},
dated, 8th October, 2010, 5.0. 2280(E), dated 25th September, 2008, S.O 1742(E), dated 10th
October, 2006, 5.0. 397(E}, dated lOth May, 2001, by 5.0. 36(E}, dated 27th January, 1999,
S.O. 263(E), dated 29th March, 1994, and by S.O. 404(E), dated 5th June, 1989. The Scheeul,
before substitution, stood as under.
·rHE SCHEDULE
(~e section 3)
PART A
OCCUPATIONS
An occupation connected with-
(1) Transport of passengers, goods or mails by railway;
(2) Cinder picking, cleanng of an ash pit or -bwlding 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 movmg 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 l.i.mi.ts of any port;
(6) Work relating to selling of crackers and fireworks in shops with temporary licences;
(7) Abattoirs/slaughter Houses;
(8) Automobile workshop and garages;
(9) Foundries;
(10) Handling of toxic or inflammable substances or explosives;
(11) Handloom and powerloom industry;
(12) Mines (underground and underwater) and collieries;
(13) Plastic units and fibreglass workshops,
(14) Employment of children as domestic workers or servants;
(15) Employment of children in dhabas (road side eateries), restaurants, hotels, motels, tea
shops, resorts, spas or other recreational centres;
(16) Diving;
(17) Circus;
(18) Caring of Elephants.
PART B
PROCESSES
(1) Bidi-malong;
(2) Carpet-weaving including preparatory and incidental process thereof;
(3) Cement manufacture, including bagging of cement;
(4) Cloth printing, dyemg and weaving including proceses, preparatory and incidental
thereto;
(5) Manufacture of matches, explosives and fire-works;
(6) Mica-cutting and splitting;
(7) Shellac manufacture;
(8) Soap manufacture;
Contd. on next page
Sch.J The Child and Adolescent Labour (Prohibition and 17
Regulation) Act, 1986
(2) Inflammable substances or explosives.
(3) Hazardous process.

Contd. from prtvious pagt

(9) Tanning;
(10) Wool-cleaning;
(11) Building and construction industry including processing and polishing of granite
stones;
(U) 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 process' as defined in section 2 (cb) and 'dangerous operation' as notified
in rules under section 87 of the Factories Act, 1948 (63 of 1948);
(16) Printing as defined in section 2(k) (iv) of the Factories Act, 1948 (63 of 1948);
(17) Cashew and cashewnut descaling and processing;
(18) Soldering processes in electronics industries;
(19) 'Aggarbatti' manufacturing;
(20) Automobile repairs and maintenance mcluding processes incidental thereto, namely,
welding_ lathe work, dent beating and painting;
(21) Brick kilns and roof titles units;
(22) Cotton ginning and processing and production of hosiery goods;
(23) Detergent manufacturing;
(24) Fabrication workshops (ferrous and non-ferrous);
(25) Cern cutting and polishing;
(26) Handling of chromite and managanese ores;
(27) Jute textile manufacture and coir making;
(28) Lime kilns and manufacture of lime;
(29) Lock making;
(30) Manufacturing processes havmg exposure to lead such as primary and secondary
smelting, welding and cutting of lead-painted metal constructions, welding of
galvanized or zinc silicate, polyvinyl chloride, mixing (by hand) of crystal glass mass,
sanding or scrapping of lead paint, burning of lead in enamelling workshops, lead
mining_ plumbing, cable making, wire patenting, lead casting, type founding in printing
shops. Store type setting, assembling of cars, shot making and lead glass blowing;
(31) Manufacture of cement p ipes, cement products and other related work;
(32) Manufacturing of glass, glassware including bangles, flourescent tubes, bulbs and other
similar glass products;
(33) Manufacture of dyes and dye stuff;
(34) Manufacturing or handling of pesticides and insectiodes;
(35) Manufacturing or processing and handling of corrosive and tox.ic substances, metal
cleaning and photo engraving and soldering processes in electronic industry;
(36) Manufacturing of burning coal and coal briquettes;
(37) Manufacturing of sports goods involving exposure to synthetic materials, chemicals
and leather;
(38) Moulding and processing of fibreglass and plastic;
(39) Oil expelling and refinery;

Contd. on next page


18
The Child and Adolescent Labour (Prohibition and
{Sch.
Regulation) Act, 1986
£xplanation.-For the purposes of this Schedule, "hazardous p rocess" has the meaning
assigned to it in clause (cb) of the Factories Act, 1948 (63 of 1948).]

Contd. from previous page

(40) Paper makmg;


(41) Potteries and ceramic industry;
(42) Polishing, moulding, cutting, welding and manufacture of brass goods in all forms;
(43) Process m agriculture where tractors, threshing and harvesting machines are used and
chaff cutting;
(44) Saw mill-all processes;
(45) Sericulture processing;
(46) Skiruung. dyeing and processes for manufacturing of leather and leather products;
(47) Stone breaking and stone crushing;
(48) Tobacco processing including manufacturing of tobacco, tobacco paste and handling
of tobacco in any form;
(49) Tyre making, repairing, re-treading and graphite benefication;
(SO) Utensils making, polishing and metal buffing;
(51) 'Zaci' making (aU processes);
(52) Electroplating;
(53) Graphite powdering and incidental processing;
(54) Grinding or glazing of metals;
(55) Diamond cutting and polishing;
(56) Extraction of slate from mines;
(57) Rag picking and scavenging.
(58) Processes involving exposure to excesstve heat (e.g. working near furnace) and cold;
(59) Mechanised fishing;
(60) food Processing;
(61) Beverage Industry;
(62) Timber handling and loading;
(63) Mecharucal Lumbering;
(64) Warehousmg;
(65) Processes involving exposure to free silica such as slate, pencil industry, stone grinding.
slate stone mining. stone quarries, agate industry.".

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