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The Child Labour (Prohibition and
Regulation) Act, 1986 |
The Child Labour (Prohibition and Regulation) Act, 1986
The Child Labour Act prohibits the employment of children, below 14 years of age in specified occupations and processes which are considered unsafe and harmful to child workers and regulates the conditions of work of children in employments where they are not prohibited from working. It also lays down penalties for employment of children in violation of the provisions of this Act, and other Acts which forbid the employment of children.
The Act extends to the whole of India. The Child Labour Act of 1986 applies to all establishments and workshops wherein any industrial process is carried on. An establishment includes a shop, commercial establishment, workshop, farm, residential hotel, and restaurant, eating house, theatre or other place of public amusement or entertainment.
No child should be employed or permitted to work in any of the occupations mentioned below:
- Transport of passengers, goods or mails by railway,
- Cinder picking, clearing of an ash pit or building operation in the railway premises,
- Work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment, from one platform to another or into or out of a moving train,
- Work relating to the construction of a railway station or with any other work which is done in close proximity to or between the railway lines,
- A port authority within the limits of any port,
- Work relating to selling of crackers and fireworks in shops with temporary licences, and
- Abattoirs/Slaughter Houses.
A child should not be employed or permitted to work in any workshop wherein any of the processes listed in Part B of the schedule provided in the Act is carried on, except a workshop wherein the process is carried on by the occupier with the aid of his family or a Government recognized /aided school.
No child shall be required or permitted to work in any establishment in excess of number of hours prescribed in (Section-7) of the Act. The period of work on each day shall not exceed three hours and no child shall work for more than three hours before he has had an interval for rest for at least one hour. No child shall be permitted or required to work between 7 P.m. and 8 a.m. No child shall be required or permitted to work overtime. Every child shall be allowed in each week a holiday of one whole day.
Violations of the provisions of Section 3 of the Act shall be punishable with imprisonment which shall not be less than three months 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 and Continuing offence under 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. Any other violations under the Act 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.
Ref - http://labour.nic.in/cwl/ChildLabourAct.doc
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