PRESENTATION ON

CHILD LABOUR ACT

(1986)
PROHIBITION AND REGULATION
By Nishat
Mba 3rd sem
Simt, rudrapur
INTRODUCTION
The Act came into force from 23 rd December 1986. Its main
objective are to prohibit the employment of children in certain
categories of industries & to regulate the conditions of work of
children in certain categories. It was amended in 1988.
Object of the act
 To ban the employment of the children, those who have not
completed their 14 year in specified occupation & processes.
 To lay down a procedure to decide modification to the schedule
of banned occupation or process.
 To regulate the condition of work of children in employment
where they are not prohibited from working.
 To lay down enhanced penalties for employment of children in
violation of the provisions of this Act, and other Acts which
forbid the employment of children.
 To obtain uniformity in the definition of “child” in the related
laws.
Prohibition of employment of children in
certain occupations and processes
No child is to be employed or permitted to work in any of the occupations set forth in Part A of the
schedule of the Act or in any workshop in which any of the processes set forth in Part B of the schedule is
carried on.
1. Transport of passengers, goods; or mails by railway
2. Cinder picking, clearing of an ash pit or building operation in the railway
premise.
3. Work in a catering establishment at a railway station, involving the movement
of vendor or any other employee of the establishment from one platform to
another or into or out of a moving train.
4. Work relating to the construction of railway station or with any other work
where such work is done in close proximity to or between the railway lines.
5. The port authority within the limits of any port.
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6. Work relating to selling of crackers and fireworks in shops with temporary
licenses
7. Abattoirs/slaughter houses.
8. Automobile workshops and garages.
9. Founderies
10. Handling of taxies or inflammable substance or explosives
11. Handlom and powerloom industry
12. Mines (Under ground and under water) and collieries
13. Plastic units and Fiber glass workship
In any workshop wherein any of the following processes is carried on.
1 Beedi making
2 Carpet Weaving
3 Cement manufacture including bagging of cement.
4 Cloth printing, deying and weaving.
5 Manufacture of matches, explosive and fire works.
6 Mica cutting and splitting.
7 Shellac manufacture
8 Soap manufacture
9 Tanning.
10 Wool cleaning
11 Building and construction industry
12 Manufacture of slate pencils (including packing)
13 Manufacture of products of agate
14 Manufacturing processes using toxic metals and substances such as lead,
mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos
(Section-3)
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15 All Hazardous process an defined in section 2(cb) and dangerous operations
as notified in ruler made under section 87 of the factories Act 1948
16 Printing (as defined in section 2(k) of the factories Act 1948
17 Cashew and cashew nut descaling and processing
18 Soldering process in electronic industries
Scope and coverage
The Act extends to the whole of India. It repealed the
earlier Act on child labour known as the employment
of children Act, 1938. the child labour Act of 1986
applies to all establishments and workshops where in
any industrial process is carried on (excluding one
covered under section 67 1948.
DEFINITIONS
 (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;
 (iii) "Day" means a period of twenty-four hours beginning
at midnight;
 (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 Sec.
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;
(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 Sec. 67 of
the Factories Act, 1948 (63 of 1948), for the time being, apply.
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 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.
(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, including the time spent in waiting for work on
any day.
(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.
HEALTH AND SAFETY. - (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;
(d) dust and fume;
(e) artificial humidification;
(f ) lighting;
(g) drinking water;
(h)urinals;
(i) spittoons;
(j) fencing of machinery;
(k) work at or near machinery in motion;
(l) employment of children on dangerous machines;
(m) instructions, training and supervision in relation to employment of
children on dangerous machines;
(n) device for cutting off power;
(o) self-acting machines;
(p) easing of new machinery;
(q) floor, stairs and means of access;
(r) pits, sumps, openings in floors, etc.;
(s) excessive weights;
(t) protection of eyes;
(u) explosive or inflammable dust, gas, etc.;
(v) precautions in case of fire;
(w) maintenance of buildings; and
(x) safety of buildings and machinery
 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 Committee) to advise the
Central Government for the purpose of addition or 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.
(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.
 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.
 NOTICE TO INSPECTOR. - (1) Every occupier in relation to an
establishment in which a child was 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
 (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. - There shall be a register
maintained by every occupier 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 - (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.
PENALTIES.- (1) Whoever employs any child or permits any child to
work in contravention of the provisions of Sec. 3 shall be punishable with
imprisonment for a term which shall not be less than, three months but
which may extend to one year or with fine which shall not be less than ten
thousand rupees but which may extend to twenty thousand rupees or with
both.
(2) Whoever, having been convicted of an offence under Sec. 3, commits a
like offence afterwards, he shall be punishable with imprisonment for a
term which shall not be less than six months but which may extend to two
years.
(3) Whoever - (a) fails to give notice as required by Sec. 9, or
(b) fails to maintain a register as required by Sec. 11 or makes any false
entry in any such register; or
(c) fails to display a notice containing an abstract of Sec. 3 and this section
as required by Sec. 12; or
(d) fails to comply with or contravenes any other provisions of this Act or
the rules made there under, shall be punishable with simple imprisonment
which may extend to one month or with fine which may extend to ten
thousand rupees or with both.
THANK YOU