Child labour

(prohibition and
regulation) act -1986

Submitted by
Nayana V
Object; An Act to prohibit the engagement of children in certain
employments ( factories, mines and hazardous employments) and to
regulate the conditions of work of children in certain other
employments.

► - It has 26 sections (4 parts)

► 1-2 Preliminary
► 3-5 prohibition
► 6-13 regulation
► 14-26 miscellaneous
► It has one schedule
► Part-A (occupations-18)
► Part-B (processes-65)
 Part 1- preliminary
► Short title, extent and commencement.
► (1) This Act may be called the Child Labour (Prohibition and Regulation) Act,
1986
► (2) It extends to the whole of India.
► (3) The provisions of this Act, other than Part III, shall come into force at
once, and Part III shall come into force on such date as 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.
► Definitions.
► "appropriate Government" "Child""Day""Establishment""Family""Occupier""Port
authority“
► "prescribed" means prescribed by rules made under Section 18 ;"Week”
► "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 2- Prohibition of employment of
children in certain occupations and processes
► Prohibition of employment of children in certain occupations(Part A) and
processes( Part B)-
The prohibition is not applicable to the occupations/processes which are carried
on by the aid of child’s family, and to any school (established by / receiving
assistance from/ recognition from govt.)
► Power to amend the Schedule.-
► Child Labour Technical Advisory Committee
the committee to advise the central government for the purpose of addition of
occupations and processes to the schedule.
Part-3 Regulation of conditions of work
of children
► pplication 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 Section 3 is carried on
► hours and period of work
► Period of work shan’t exceed 3hours
► Total working time per day shan’t exceed 6 hours
► Shan’t allow work between 7pm and 8pm
► overtime work isn’t appreciable
► Shan’t work in two different establishments in a single day
► Weekly holidays: one whole day holiday in each weak
► Notice to inspector: occupier has to send a notice to the inspector within a period of time
(30days) to the inspector which includes the details of the child. 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
(d) The nature of the occupation or process carried on in the establishment
► 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.
► Maintenance of register; A registration which contains the details of the children should be kept
in all establishments for inspections
► Display of the notice contains the abstract of section 3and 14. In local language &in English.
► Health and safety of the children must be maintained
► Penalties; for the works in contravention of the provisions of section 3 shall be
punishable with a period of imprisonment not less than 3 months and which may
extend to 1year. Or with fine not less than 10000 and which may extend to 20000.
Or both
If the culprit commits a like offense afterwards, shall be punished with an
imprisonment not less than 6 months , which may extend to 2years.
► Who ever fails to give a notice or fails to maintain a register or fails to display a
notice of the abstract of sections 3&14 or fails to comply with contravenes any of
the provisions of the act shall be punishable with simple imprisonment which may
extend to one month or with fine.
► Modified application of certain laws in relation to penalties
► Repeal and savings the employment of children act 1938 is hereby repealed
► Amendments in several acts by the commencement of this particular law
Amendment of this law
► In July 2016, the Parliament has passed the Child Labour (Prohibition and Regulation)
Amendment Bill, 2016. This act amends the Child Labour (Prohibition and Regulation) Act,
1986 by widening its scope against child labour and provides for stricter punishments for
violations
► The act has completely banned employment of children below 14 in all occupations and
enterprises, except those run by his or her own family, provided that education does not
hampered.
► Addition of a new category of persons called “adolescent”. It defines children between 14
to 18 years as adolescents and bars their employment in any hazardous occupations.
► The act makes child labour a cognizable offence.6 months to two years (earlier 3 months
to 1 year) or a penalty between twenty-thousand to fifty thousand rupees or both for the
first time. Repeat offenders will attract imprisonment between 1 year to 3 years (6 months
to 2 years).
► The act has a provision of creating Rehabilitation Fund for the rehabilitation of children.
► The number of hazardous occupations has been brought down from 83 to 3. The three
occupations are mining, inflammable substances, and hazardous processes under the
Factories Act.
Thank you !