REGISTERED No. 0-(0)-72

6o · 75] No. 75]

1 · (1) This Act may be called the Chlld Labour (Prohlbitlon and Short titlc, Regulation) Act, 1986. extent and (2) It extends to the whole of India. coenmepce (3) The provisions of this Act, other than Part III, shall come into force at once, and Part III shall come into force on guch date 48 the

2 · In thig Act; unlegg the context otherwise requires _ (2) 'approprlate Government' means, In relation to an establish- ment under the control of the Central Government or a reilway aumunistration or major port Or a mine or oilfield, the Central Government, and in all other cases, the State Government; (ii) "child" meang a person who has not completed hig fourteenth year of age; (iti) "day" meang a period of twenty-four hours beginning at mid-night; (iv) "establishment" includes a shop, commercial establighment, 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 hugband, !s the case may be, of guch individual, and their children, brother or gister of such Individual; (vi) "occupier" , in relation to an establishment or a workshop, means the person who has the ultimate control over the affairg of the establlshment o workshop; (vii) 'port authority" means any authority admlnistering port; (viii) ''prescribed" means prescribed by ruleg made under sec - tion 18; (ix) "week" meang 8 period of geven days beginning at mid- nlght on Saturday night or guch other night 8g may be approved In wrlting for & particular area by the Inspector; (x) "workshop" means any premises (Including the precincts thereof) wherein any industrial process ig carrled 0l, but does not include any premlses to which the provislons ot section 67 of the Factorieg Act, 1948, for the tlme being, apply. PART II

6J · of 1948.

5 · (1) The Central Government may, by notification in the Ofcial Child Gazette, constitute an advisory commiltee to be called th? Child Labour Labour; Technlcal Technical Advisory Committee (hereafter In this section referred to 95 Advlsorv the Commlttee) to advige the Central Government for the purpose of Com- aoditlon OI occupatlons and processes to the Schedule: mittee_ (2) The Committee shall consist of a Chairman and such other memberg not excecdlng ten, 99 may be appointed by the Central Govern- ment.

7 · . (1) No child shall be required or permitted to work in An1Y estah_ Hours for and Hshment In excess of such number of hours a5 may be prescrbed period of 8uch establishment or class of establishments. work: (2) The perlod of work on each day shall be 80 fxed that no perlod Bhall 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 incluslve 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 dey. (4) No child shall be permitted or required to work between 7 pm: and 8 a.m (5) No child shall be required or permitted to work overtime_ (6) No child ghall be required or permitted to work in any establish- ment on any day on which he has already been working in another establishment 8. Every child employed in an establishment shall be allowed in each Weekly week, holiday of one whole day, which day shall be specified by the bolidayb. occupler in notice permanently exhibited in 8 conspicuous place In the

9 · (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 period of thirty deys from such commencement, send to the Inspector within whose local lmits the establishment is Situated, a written notice containing the following particulars, namely: (a) the name and gituation Of the establishment; (6) the name of the person in actual managerent of the establishment; (C) the address to whlch communications relating to the estab- lighment should be gent: and (d) the nature of the occupatlon or process carried on in the establishment (2) Every occupier, in relation to' an establishment, who employs, or permits to work, any chlld after the date of commencement of this Act in relation to such establishment, shall, within perlod of thirty days from the date of such employment. send to the Inspector within whose local limits the establishment is situated, a written notice con- taining the partlculars as are mentloned in sub-section (1) . Explanation-_For the purposes of sub-sections (1) and (2) _ "date of commencement of this Act, in relation to an establishmentl" means the date of bringing into force of thjs Act in relation to such establishment: (3) Nothing in sections 7, 8 and 9 shall apply to any establishment wherein any process is carried on by the occupier with the ald of hls tamlly or to any school egtablished by, or receiving assistance or recog- nition from, Government:

10 · If any question arises between an Inspector and an occupier a5 to the !ge of any child who ic employed or is permitted to work by him In an establishment, the question shall, in the absence of a certificate 0.9 to the age of such child granted by the prescribed medical au thority, be referred by the Inspector for declsion to the prescribed medical authority.

11 · There shall be maintained by every occupier in respect of children employed or permitted to work in any establishment, & register to be avallable for inspection by an Inspector at all times during working hourg or when work is being "carried on in any such establighment, showing _ (a) the name and date of birth of everv child S0 employed or permitted to work; (6) hours and periods of work of anv 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, 12. Every railway administration, every port authority and every occupier shall cause to be displayed in conspicuous and accessible place

13 · (1) The appropriate Government may,by notification in the Official Health and Gazette, make rules for the health and gafety of the children employed satety. Or permitted to work in any establishment or class of establishments (2) Without prejudice to the generality of the toregoing provisions, the gaid rules may provide for all or any of the following matters, namely:- (a) cleanliness in the place o work end its freedom from nulsance; (6) disposal of wastes and effluents; (c) ventilation and temperature; (d) dust and fume; (e) artificial humidification; (f) lighting; (g) drinking water; (h) latrine and urinals; (i) spittoons; (j) fencing ot machinery; (k) work at or near machlnery in motion; employment of children on dangerous machines; (m) instructiong, training and gupervision in relation to employ- ment of children on dangerous machlnes; (n) device for cutting off power; (o) gelf-acting machines; (p) easing of new machinery; (g) floor, stairs and means of access; (r) pits , sumps, openings In floors, etc;; (s) excessive weights; (0) protection of eyes; (1) explosive or Inflammable dust, ga9, etc;; (v) precautions In case of fre; (w) maintenance of buildings; and (x) safety of buildings and machlnery.

14 · (1) Whoever employs any child or permits anv cbfld to work in Penaltles. contravention of the provisiong of section 3 shall be punishable with Imprisonment for term which shall not be less than three months but whlch may extend to one year Or wlth fne which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees Or with both;

15 · (1) Where any person is found guilty and convlcted of contraven- tion of any of the provisions mentioned in sub-section (2)_ he shall be Hable to penalties as provided in sub-sections (1) and (2) of gection 14 of this Act and not under the Acts in which those provisions are contained.

17 · The appropriate Government may appoint Inspectors for the pur- poses of securing compliance with the provlsions of this Actand any Inspector so appointed ghall be deemed to be & public servant within the meaning of the Indian Penal Code 45 of 1860. 18. (1) The eppropriate Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying into effect the provlsions of this Act: (2) In particular and without preiudice to the generality of the foreooing power, such rules may provide for all or any of the following matters, namely:

63 · of 1948. 69 ot 1931- 35 of 1952

22 · (1) The Employment of Children Act, 1938 ig hereby repealed (2) Notwithstanding such repeel, anything done OI any action taken Or purported to have been done or taken under the Act SO repealed shall, in So far &8 it is not inconsistent with the provlsiong of thls Act, be deemed to have been done or taken under the corresponding provisions of this Act,

26 · of 1938.

23 · In section 2 of the Minlmum Wages Act, 1948,_ for clause (a), the following clauses shall be subctituted, namely: _

24 · In the Plantations Labour Act, 1951,_ (a) in section 2, in clauses (a) and (c) , for the word "flfteenth" _ the word "fourteenth" shall be substituted; (6) section 24 shall be omitted; (c) in section: 26, in the opening portion, the wordg "who hae completed hls twelfth year" ghal be omitted 25. In the Merchant Shipping Act, 1958, In section 109. for the word "ffteen" , the word 'fourteen" ghall be gubstituted:

26 · In the Motor Transport Workers Act, 1961, in section 2, in clauses (a) and (c), for the word "flfteenth" the word "tourteenth" ghell be substituted,