The Gazette of India

bb7e187838377e8d5dfde28965fa5caa2172befe · 1986 · State unknown

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Parent: THE CHILD AND ADOLESCENT (PROHIBITION AND REGULATION) ACT, 1986 (e28c8001a2a5d1e9f6e90c4c939bc616d5dfa694)

Text

No . 75] The Gazette of India EXTRAORDINARY PART II—Section 1 PUBLISHED BY AUTHORITY NEW DELHI , TUESDAY , DECEMBER 23, 1986/PAUSA 2, 1908 Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 23rd December, 1986/Pausa 2 , 1908 (Saka) The following Act of Parliament received the assent of the President on the 23rd December , 1986 , an d is hereby published for general information: — THE CHILD LABOUR (PROHIBITION AND REGULATION) Act , 1986 No . 61 OF 1986 [23rd December, 1986.] An Act to prohibit the engagement of childern in certain employments and to regulate the conditions of work of children in certain other employments . BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows: — PART I PRELIMINARY 1 . (1) This Act may be called the Child Labour (Prohibition and Regulation) Act , 1986 . It extends to the whole of India . The provisions of this Act , other than Part III , shall come into force at once , an d Part III shall come into force on such date as the Short title , extent and commence- ment . Prohibition of employment of children in certiiin occupa -tions and processes . Power to amend! the Schedult . Central Government may , by notification in the Official Gazette , appoint , and different dates may be appointed for different States and for different omdocij oi esi-auiismnenis . 2 . In this Act , unless the context otherwise requires,— Definition* . (i) "'appropriate Government " means , in relation to an establish -ment under the control of the Central Government or a railway auraimsuation or a major port or a mine or oilfield , the Central Government , and in all other cases , the State Government; (ii) "child " means

Rule TOC

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

2 · . In this Act , unless the context otherwise requires,— Definition* .

3 · . 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 procesaes set forth in Part B of the Schedule is carried on:

4 · . 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 an *

63 · of 1948 .

5 · . (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 aaditlon of occupations and processes to the Schedule .

6 · . Ths provisions of this Part shall aDply to an establishment or n class of establishments in which none of the occupations or processes rcfp-rrprl t«-i in epptinn 3 In rnrrier? nn

7 · . (1) No child shall be required or permittee ' to w>rk *n any establishment in excess of such number of hours as may be pi"escrbed for such establishment or class of establishments .

8 · . 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

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 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:—

10 · . 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 .

11 · . There shall be 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—

13 · . (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 .

14 · . (1) Whoever employs any child or permits anv cMld to work in contravention of the provisions of section 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*

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

16 · . (1) 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 .

17 · . The appropriate Government may appoint Inspectors for the purposes of securing compliance with the provisions of this Act and any Inspector so appointed shall be deemed to be a public servant within the meaning of the Indian Penal Code-

18 · . (1) The appropriate Government may , by notification in the Official Gazette and subiect to the condition of previous publication , make rules for carrying into effect the provisions of this Act .

63 · of 1948 .

35 · of 1952 .

44 · of 1958 .

27 · of 1961 .

45 · of 1860 .

63 · of 1948 . 69 Of 1931 35 of 1952 .

19 · . (1) Every rule made under this Act by the Central Government an d every notification issued under section 4 , shall be laid , as soon as may be after it is made or issued , before each House of Parliament , while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions , an d if, f, before the expiry of the session immediately following the session or the successive sessions aforesaid , ooth Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued , the rule or notification shall there -after have effect only in such modified form or be of no effect , as the case may be; so , however , that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification .

20 · . Subject to the provisions contained in section 15 , the provisions of this Act and the rules made thereunder shall be in addition to , and not in derogation of, f, the provisions of the Factories Act , 1948 , the Plantations Labour Act , 1951 and the Mines Act , 1952 .

21 · . (1) If any difficulty arises In giving effect to the provisions of this Act , the Central Government may , by order published in the Official Gazette , make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty:

22 · . (i) The Employment of Children Act , 1938 is hereby repealed .

23 · . In section 2 of the Minimum Wages Act , 1948,—

24 · . In the Plantations Labour Act , 1951,—

25 · . In the Merchant Shipping Act , 1958 , in section 109 , for the word "fifteen" , the word "fourteen " shall be substituted .

26 · . In the Motor Transport Workers Act , 1961 , in section 2 , in clauses (a) and (c) , for the word "fifteenth" , the word "fourteenth " shall be substituted .

26 · of 193S .