The Child and Adolescent Labour Prohibition Amp Regulation Act 1986 0
The Child and Adolescent Labour Prohibition Amp Regulation Act 1986 0
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
* 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
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
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
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;
--
' --
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
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
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
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.
(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;