Download VTU MBA 3rd Sem IR 5 Child Labour (Prohibition and Regulation) -Important Notes

THE CHILD LABOUR (PROHIBITION & REGULATION) ACT,

The Ugly Face of Being Is Child Labour the Foundation

What is child labor?

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• "Child labour" is generally speaking, work for children that harms them or exploits them in someway (physically, mentally, morally or by blocking access to education).
• It is the work that exceeds a minimum number of hours depending on the age of a child and on the

• An Act to prohibit the engagement in certain employments and to regulate the conditions of work of children in certain other employments.

1. Short title, extent and commencement.

(1) This Act may be called the Child Labour (Prohibition & Regulation) Act, 1986.

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(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.

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;

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(iii) "day" means a period of twenty-four hours reckoned from midnight;

(iv) "establishment" includes a shop, commercial establishment, workshop, farm, residential hotel, restaurant, eating-house, theatre or other place of public amusement or entertainment;

PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS AND PROCESSES

• 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:

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• 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.

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 3 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.

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(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 allowances, 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.

REGULATION OF CONDITIONS OF WORK OF CHILDREN

• Application of Part.-- The provisions of this Part shall apply only to an establishment or a class of establishments in which none of the occupations or processes referred to in section 3 is carried on.

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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 as not to 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 between 7 a.m. and 7 p.m. on any day.

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(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.

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.

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Notice to Inspector.

(1) Every occupier in relation to an establishment in which a child is 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

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(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 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

There shall be maintained by every occupier in respect of every child 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-

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(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

Health and safety.--

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(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;

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(d) dust and fume;

(e) artificial humidification;

(f) lighting;

(g) drinking water;

(h) latrine and urinals;

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(i) spittoons;

(j) fencing of machinery;

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