THE CHILD LABOUR(PROHIBITION AND REGULATION)

ACT,1986

Object of the ActTo regulate the conditions of the work of the

children in certain employment.

The important clarifications• Child means a person who has not complied his

14 year of age.• Establishment’ includes a shop, commercial

establishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment.

Sec.2

Prohibition of employment of children in certain occupations and

processesNo child to be employed in occupation set forth in

part a of the schedule or any workshop where in any of the processes set-forth in part B of the schedule is carried on.

Sec.3

Hours and period of week• Not to exceed three hours• Interval for rest-one hour• Spread over not more than six hours inclusive

of interval and the time spent for waiting.Sec.7

Not permitted to work• Between 7 pm to 8 am.• Overtime working. if such a child is working in

another establishment.Sec.7

Weekly holidaysOne whole day. Not to be altered more than

once in three months.Sec.8

Notice to inspectorFamishing details of • Name of situation of establishment• Name of the person in actual management of

the establishment.• Address for communication.• Nature of the occupation.

Sec.9

Dispute as to ageIn the absence of certificate of age, can be

referred for decision of prescribed medical authority.

Sec.10

maintenance & production of register by occupier

• The name and date of birth of every child so employed or permitted to work

• Hours and period 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.

Sec.11

Display of noticeTo contain abstract of section 3 pertaining to

prohibition of employment of children and the provisions for penalties.

Sec.12

Health and safetyTo be notified by appropriate government in

accordance with guidelines given in section 13 of the Act.

Sec.13

Offence punishment

For violation of section 3 Imprisonment for not less than 3 months which may extend to one year , or fine not less 10,000/- which may extent to Rs.20,000/-or both

Repetition of violation Imprisonment for a term not less than six months which may extend to 2 years.

For failure to:•Give notice as required by section 9•Maintain a register as required by section 11 or make any false entry in any such registers; or•Display a notice containing an abstract of section 3 and these section as required by section 12,or•Comply with or contravene any other provisions of these act or the roles made there under.

Shall be punishable with simple imprisonment which may extent to one month or with fine which may extend to ten thousand rupees or with both.

Sec.14

• The supreme court in M.C. Mehta v. state of Tamilnadu , 1996 SCC756 has directed the discontinuance of the employment of child labor and ordered payment of compensation of Rs.20,000 per child . The court as also laid down certain directions in relation to working hours in non- hazardous jobs and providing for education by the employer and the state.