The
Child
Labour (Prohibition & Regulation) Act, 1986 was enacted to prohibit
the engagement of children below the age of fourteen years in factories,
mines and hazardous employments and to regulate their conditions of work
in certain other employments. According to the Act, 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 Act
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 the Government. Also, the Central Government
may, by notification in the official Gazette, constitute '
the
Child Labour Technical Advisory Committee' to advise the Central Government
for the purpose of additions of occupations and processes to the Schedule
of the Act.
The Central
Industrial Relation Machinery (CIRM) in the Ministry
of Labour is responsible for enforcing this Act. CIRM is an attached
office of the Ministry and is also known as the Chief
Labour Commissioner (Central) [CLC(C)] Organisation. The CIRM is headed
by the Chief Labour Commissioner (Central). In addition, a Central
Advisory Board on Child Labour has also been constituted under the
Ministry to review the implementation of the existing legislations and
suggest measures for welfare of working children.
The main provisions of the Act are:-
- 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. The period of work
on each day shall be so fixed that no period shall 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.
- No child shall be required or permitted to work overtime.
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.
- 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.
- Every occupier shall maintain, in respect of children
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:-
(i) the name and date of birth of every child so employed or permitted
to work; (ii) hours and periods of work of any such child and the intervals
of rest to which he is entitled; (iii) the nature of work of any such
child; and (iv) such other particulars as may be prescribed.
- 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.
- Whoever employs any child or permits any child to work
in contravention of the provisions of this Act shall be punishable with
imprisonment or with fine or with both.
- 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. No Court inferior to that of a Metropolitan Magistrate
or a Magistrate of the first class shall try any offence under this
Act.