The Child Labour (Prohibition and Regulation & The Child Labour (Prohibition and Regulation) Rules, 1988

The Child Labour (Prohibition and Regulation Act, 1986)

Rules framed thereunder : The Child Labour (Prohibition and Regulation) Rules, 1988

                                                         

Preamble

An act to prohibit the engagement of children in certain employment and to regulate the conditions of work of children in certain other employments.

Child means a person who is below 14 years of age (Section 2 (ii))

Restriction on Employments (Section 3 r/w Part A and B of the Schedule)

Child below the age of fourteen shall not be allowed to work in such occupation as set forth in Part A of the Schedule or in any workshop wherein any of the process set forth in Part B of the Schedule is carried on

However he will not be allowed to work in such workshop provided it is carried by the aid of his family or to any school established by or receiving assistance or recognition from government

Hours and period of work (Section 7)

• Child shall not work for more than 3 hours without an interval for rest for atleast one hour.
• The period of work shall not exceed 6 hours including the rest interval and time spent on waiting for work
• Child not allowed to work during 7 pm and 8 am
• Overtime not allowed
• Double employment of the child is banned. If  a child is working in any establishment, he is not required to work in other establishment

Weekly Holidays (Section 8)

• One whole day holiday  allowed in each week
• Notice of holidays should be permanently displayed in a conspicuous place and it shall not be altered more than once in 3 months

Notice to be given (Section 9)

Notice has to be given to the Inspector within whose local limits the establishment is situated regarding:-

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 the communication regarding the establishment is to be sent

d)     The nature of the occupation or process carried on in the establishment

Within 30 days from the date of employment of any child

Section 11 r/w Rule 16 and Form A

A register having the following details should be available for inspection by the inspector at all times when work is being carried on in the establishment

• Name and date of birth of every child employed
• Hours and period of work and interval of rest
• Nature of work that the child is expected to do
• Other particulars that may be prescribed
• Such register is to be maintained in Form A
• On a yearly basis though it shall be retained for a period of 3 years after the last entry has been made

Health and Safety (Section 13)

The appropriate Government may be notification, makes rules for health and safety of the children employed.

Penalty (Section 14)

• If a child is employed or permitted to be employed. The punishment extends to imprisonment for a term not less than 3 months and not exceeding 1 year or with a fine which shall not be less than Rs. 10,000 but which may extend to Rs 20,000 or both
• If there is a failure to give notice as required under Section 9, failure to maintain registers or making erroneous entries in registers, in accordance with Sec 11, failure to display notices as required by Sec 12 or in case of contravention of any other provisions of the Act

Schedule to the Act              : List of occupation and processes in which children are not allowed to Work. Annexure I

                                                     

Statutory Requirements:-

·     Notice to the Inspector (Section 9)

·     If the child is employed or allowed to work, Occupier shall within a period of 30 days from the commencement of employment, send to Inspector a written notice containing particulars such as name, address of establishment, name of the person in actual management, communication address and nature of occupation.

·      Display in English and local language a notice containing abstract of Section 3 (prohibition of employment) and Section 14 (penalties) (Section 12)

·     Register maintained under the act should be for a period of three years after the date of the last entry. (Section 12)  

·     Register should be and should be available for inspection by the inspector at all times when work is being carried on in the establishment. The register should contain the following details:-

a)      Name and date of birth of every child employed

b)      Hours and period of work and interval of rest

c)      Nature of work that the child is expected to do so

d)     Other particulars that may be prescribed

e)      Such register is to be maintained in Form A

f)       On a yearly basis though it shall be retained for a period of 3 years after the last entry has been made. (Section 11 read with rule 16).

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