The Child And Adolescent Labour

(Prohibition And Regulation) Act,

Thejaswini Srikanth
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Objective
• to prohibit the engagement of children in all occupations
• to prohibit the engagement of adolescents in hazardous occupations
and processes
• matters connected therewith or incidental thereto.

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Definitions
• Sec.2(i) – adolescent – a person who has completed his
fourteenth year of age but has not completed his eighteenth
year
• Sec.2(ii) – child – a person who has not completed his
fourteenth year of age or such age as may be specified in the
Right of Children to Free and Compulsory Education Act,
2009, whichever is more
• Sec.2(vi) – occupier – person who has the ultimate control
over the affairs of the establishment or workshop

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 Definitions [contd.]
• Sec.2(iv) – establishment – shop, commercial establishment,
workshop, farm, residential hotel, restaurant, eating house,
theatre or other place of public amusement or entertainment
• Sec.2(v) – family – in relation to an occupier, means the
individual, the wife or husband, as the case may be, of such
individual, and their children, brother or sister of such individual
• Sec.2(x) – workshop – any premises (including the precincts
thereof) wherein any industrial process is carried on, but does
not include any premises to which the provisions of Section 67 of
the Factories Act, 1948, for the time being, apply.
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 PART II

PROHIBITION OF EMPLOYMENT
OF CHILDREN IN CERTAIN
OCCUPATIONS AND PROCESSES

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Sec.3 – Prohibition of employment of children in any
occupations and processes
• (1) No child shall be employed or permitted to work in any occupation or process.
• (2) Exceptions —
• (a) helps family/family enterprise – other than hazardous
occupations/processes (in Schedule) – after school hours or during vacations
• (b) works as an artist in an audio-visual entertainment industry, including
advertisement, films, television serials or any such other entertainment or
sports activities except the circus, subject to conditions and safety measures
• Provided that no such work shall effect the school education of the Child.
• family – mother, father, brother, sister and father’s sister and brother and
mother’s sister and brother
• family enterprises – any work, profession, manufacture or business – performed
by the members of the family with the engagement of other persons
• artist – a child who performs/practices any work as a hobby or profession directly
involving him as an actor, singer, sports person or in other activity as prescribed
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Sec.4 – Power to amend the Schedule
• 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 to, or, omit from, the Schedule any
hazardous occupation or process] and thereupon the Schedule shall
be deemed to have been amended accordingly.

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 Sec.5 – Technical Advisory Committee
• Constituted by CG by notification in Off.Gzt. – to advise CG on
addition of occupations and processes to the Schedule.
• Chairman + max. 10 members apptd. by CG
• Shall meet as often as it may consider necessary and shall have
power to regulate its own procedure.
• May constitute one or more sub-committees and may appoint to
any such sub-committee, whether generally or for the
consideration of any particular matter, any person who is not a
member of the Committee.
• Term of office, filling casual vacancies, allowances, conditions for
appointing non-member – prescribed (delegated legislation)
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 PART III

REGULATION OF CONDITIONS OF
WORK OF ADOLESCENTS

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• Sec.6 – Application of Part – The provisions of this Part shall
apply to an establishment or a class of establishments in which
none of the occupations or processes referred to in Sec.3A is
carried on.
• Sec.(3A) – Prohibition of employment of adolescents in certain
hazardous occupations and process – No adolescent shall be
employed or permitted to work in any of the hazardous
occupations or processes set forth in the Schedule:
• Provided that the Central Government may, by notification,
specify the nature of the non-hazardous work to which an
adolescent may be permitted to work under this Act.
• SCHEDULE
• (1) Mines.
• (2) Inflammable substances or explosives.
• (3) Hazardous process – clause (cb) of the Factories Act

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 Working Hours & Weekly Holidays
• Sec.7 – Hours and period of work – (1) No adolescent shall be required or
permitted to work in any establishment in excess of such number of hours as
may be prescribed for such establishment or class of establishments.
• (2) period of work to not exceed 3hrs – rest interval atleast one hour
• (3) spread over period – not more than 6hrs, including rest interval, waiting for
work
• (4) No adolescent shall be permitted/required to work between 7 p.m and 8 a.m.
• (5) No adolescent shall be required or permitted to work overtime.
• (6) No adolescent shall be required or permitted to work in any establishment on
any day on which he has already been working in another establishment.
• Sec.8 – Weekly holidays – one whole day – specified by the occupier in a notice
permanently exhibited in a conspicuous place in the establishment – shall not be
altered by the occupier more than once in three months.
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 Sec.13 – Health and safety – Rules by App. Govt.
• (a) cleanliness in the place of work and in relation to employment of adolescent
its freedom from nuisance; on dangerous machines;
• (b) disposal of wastes and effluents; • (n) device for cutting off power;
• (c) ventilation and temperature; • (o) self-acting machines;
• (d) dust and fume; • (p) easing of new machinery;
• (e) artificial humidification; • (q) floor, stairs and means of access;
• (f) lighting; • (r) pits, sumps, openings in floors, etc.;
• (g) drinking water; • (s) excessive weights;
• (h) latrine and urinals; • (t) protection of eyes;
• (i) spittoons; • (u) explosive or inflammable dust, gas,
• (j) fencing of machinery; etc.;
• (k) work at or near machinery in motion; • (v) precautions in case of fire;
• (l) employment of adolescent on • (w) maintenance of buildings; and
dangerous machines; • (x) safety of buildings and machinery.
• (m) instructions, training and supervision
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 Offences & Penalties
• Sec.14 – Penalties – contravention of Secs.3, 3A – imp. min. 6 months,
max. 2yrs – or fine min. Rs.20,000/- max. Rs.50,000/-, or both – Provided
that parents/guardians shall not be punished unless they permit such
child for commercial purposes
• (1B) Notwithstanding anything contained in sub-sections (1) and (1A) the
parents or guardians of any child or adolescent referred to in section 3 or
section 3A, shall not be liable for punishment, in case of the first offence.
• (2) previous conviction u/Ss.3, 3A – imp. min. 1yr, max. 3yrs
• (2A) previous conviction of parents/guardian u/Ss.3, 3A – fine upto
Rs.10,000/-
• (3) Whoever— contravention of any other provision of Act/Rules –
simple imprisonment max. 1 month, or fine max. Rs.10,000/-, or both

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Case Law
• Ram Chander Vs. State of U.P [(2002) I LLJ 907 (All.)]
– to justify conviction u/S.14(1), age of person
employed must be below 14yrs – burden of proof is
on prosecution

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 Offences & Penalties [contd.]
• Sec.14A – Offences to be Congnizable – offence committed by an employer u/Sec.3, 3A
shall be cognizable
• Sec.14D – Compounding of offences – by DM – application of accused – first time
offence u/S.14(3) – or any offence committed by parent/guardian, in such manner and
on payment of such amount to the appropriate Government, as may be prescribed –
failure to pay amt., continuation of proceedings – no initiation of prosecution against
offender in relation to whom the offence is so compounded.
• Composition made after the institution of any prosecution – such composition shall be
brought in writing, to the notice of the Court – discharge upon approval of composition
• Sec.15 – Modified application of certain laws in relation to penalties – if guilty of
contravention of below-mentioned provisions – penalties u/S.14
• (a) section 67 of the Factories Act, 1948 (b) section 40 of the Mines Act, 1952
• (c) section 109 of the Merchant Shipping Act, 1958 (d) section 21 of the Motor
Transport Workers Act, 1961
• Sec.16. Procedure relating to offences – complaint can be filed by any person, police
officer or Inspector – Age certificate granted by prescribed medical authority –
conclusive evidence – Jurisdiction – Met.Mag., or a Magistrate of first class 15
 Rehabilitation
• Sec.14B – Child and Adolescent Labour Rehabilitation Fund.—(1) The appropriate Government
shall constitute a Fund in every district or for two or more districts to be called the Child and
Adolescent Labour Rehabilitation Fund to which the amount of the fine realized from the
employer of the child and adolescent, within the jurisdiction of such district or districts, shall be
credited.
• (2) The appropriate Government shall credit an amount of fifteen thousand rupees to the Fund
for each child or adolescent for whom the fine amount has been credited under sub-section (1).
• (3) The amount credited to the Fund under sub-sections (1) and (2) shall be deposited in such
banks or invested in such manner, as the appropriate Government may decide.
• (4) The amount deposited or invested, as the case may be under sub-section (3), and the
interest accrued on it, shall be paid to the child or adolescent in whose favour such amount is
credited, in such manner as may be prescribed.
• Explanation.—For the purposes of appropriate Government, the Central Government shall
include the Administrator or the Lieutenant Governor of a Union territory under article 239A of
the Constitution.
• Sec.14C – Rehabilitation of rescued child or adolescent.—The child or adolescent, who is
employed in contravention of the provisions of this Act and rescued, shall be rehabilitated in
accordance with the laws for the time being in force.
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Implementation
• 17. Appointment of Inspectors.—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 (45 of 1860).
• 17A. District Magistrate to implement the provisions.—The appropriate Government
may confer such powers and impose such duties on a District Magistrate as may be
necessary, to ensure that the provisions of this Act are properly carried out and the
District Magistrate may specify the officer, subordinate to him, who shall exercise all or
any of the powers, and perform all or any of the duties, so conferred or imposed and the
local limits within which such powers or duties shall be carried out by the officer as may
be prescribed.
• 17B. Inspection and monitoring.—The appropriate Government shall make or cause to
be made periodic inspection of the places at which the employment of children is
prohibited and hazardous occupations or processes are carried out at such intervals as it
thinks fit, and monitor the issues, relating to the provisions of this Act.]

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