Child and Adolescent Labour (Prohibition and Regulation) Act, 1986

The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 is an act to prohibit the engagement of children in all occupations and to prohibit the engagement of adolescents in hazardous occupations and processes.

• It extends to the whole of India.
• It came into force on 26th May 1993.

Important points

1) Adolescent (Section 2(i)) refers to a person who has completed his fourteenth year of age but has not completed his eighteenth year.

2) Child (Section 2(ii)) refers to a person who has not completed his fourteenth year of age or such age specified in the Right of Children to Free and Compulsory Education Act, 2009, whichever is more.

3) Establishment includes the following:

• A shop
• Commercial establishment
• Workshop
• Farm
• Residential hotel
• Restaurant
• Eating house
• Theatre or other place of public amusement or entertainment

4) The schedule under this act includes the following:

• Mines
• Inflammable substances or explosives
• Hazardous process
• Hazardous process has the same meaning assigned to it in clause (cb) of the Factories Act, 1948)

5) Section 3 of the act is regarding the prohibition of employment of children. As per this section, no child shall be employed or permitted to work in any occupation or process. Nothing in this section shall apply if the child:

• Helps his family or family enterprise after his school hours or during vacations, which is not involved in any hazardous occupations or processes set forth in the schedule.
• Works as an artist in an audio-visual entertainment industry subject to the prescribed conditions and safety measures, including advertisement, films, television serials or any such other entertainment or sports activities except the circus.

6) Technical advisory committee shall be constituted by the central government to advise it regarding the addition of occupations and processes to the schedule.

• The Committee shall consist of a chairman and such other members not exceeding ten, appointed by the central government.
• If necessary, the committee may constitute one or more sub-committees and may appoint any person who is not a member of the committee to any such sub-committee, for the consideration of any particular matter.

7) Section 3A of the act is regarding the prohibition of employment of adolescents in certain hazardous occupations and processes.

• As per this section, no adolescent shall be employed or permitted to work in any of the hazardous occupations or processes set forth in the schedule.
• The nature of non-hazardous work to which an adolescent shall be permitted to work under this act shall be specified by the central government.

8) Part 3 of the act is regarding the regulation of conditions of work of adolescents. This part shall apply to the class of establishments in which none of the occupations or processes referred to in section 3A is carried on.

• No period of work shall exceed three hours and the period of work on each day shall be fixed accordingly.
• No adolescent shall work for more than three hours before he has had an interval for rest for at least one hour.
• Including the time spent in waiting for work, the period of work of an adolescent shall not spread over more than six hours inclusive of his interval for rest.
• An adolescent shall not be permitted to work overtime and between 7pm and 8am.
• If an adolescent is working in any establishment on any day, he shall not be permitted to work in another establishment.
• Every adolescent employed in an establishment shall be given a holiday of one complete day in each week.
• The weekly holiday shall be specified by the occupier and notice be exhibited in a clearly visible place in the establishment. It shall not be altered more than once in three months by the occupier.

9) A register in respect of the adolescent employed in any establishment shall be maintained by the occupier. It shall be available for inspection by an inspector during working hours. The register shall contain the following:

• The name and date of birth of every adolescent employed or permitted to work
• Hours and periods of work and the intervals of rest to which he is entitled
• The nature of work
• Any other prescribed particulars

10) Any person who employs or permits any child or adolescent to work in contravention of the provisions of section 3 shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years, or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees or with both.

11) The Child and Adolescent Labour Rehabilitation Fund in every district or for two or more districts shall be constituted by the appropriate government.

• The amount of fine realized from the employers of child or adolescent, within the jurisdiction of such districts shall be credited to the fund.
• Fifteen thousand rupees shall be credited by the appropriate government to the fund for each child or adolescent for whom the fine amount has been credited.
• The amount credited to the fund shall be deposited in such banks or invested in such manner, as decided by the appropriate government.
• Interest accrued on the amount deposited or invested, shall be paid to the child or adolescent in whose favour such amount is credited, in the prescribed manner.
• The central government shall include the Administrator or the Lieutenant Governor of a Union territory under article 239A of the Constitution, for the purposes of appropriate government.

12) A complaint of the commission of an offence under this act in any court of competent jurisdiction may be filed by any person, police officer or Inspector.

13) Under this Act, no court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence.

14) Certain duties shall be imposed by the appropriate government on the District Magistrate to ensure that the provisions of this Act are properly carried out.

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