3A.

Prohibition of employment of adolescents in certain hazardous occupations and

CHILD AND ADOLESCENT LABOUR (PROHIBITION AND REGULATION) ACT, 1986
processes
[Act No. 61 of Year 1986]
No adolescent shall be employed or permitted to work in any of the hazardous
An Act to prohibit the engagement of children in all occupations and to prohibit the occupations or processes set forth in the Schedule:
engagement of adolescents in hazardous occupations and processes and the matters
Provided that the Central Government may, by notification, specify the nature of
connected therewith or incidental thereto.
the non-hazardous work to which an adolescent may be permitted to work under
PART I this Act.’’
PRELIMINARY 4. Power to amend the Schedule
1. Short title extent and commencement 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
(1) This Act may be called the Child and Adolescent Labour (Prohibition and
any occupation or process to the Schedule and thereupon the Schedule shall be
Regulation) Act, 1986.
deemed to have been amended accordingly.
(2) It extends to the whole of India.
5. Technical Advisory Committee
(3) The provisions of this Act, other than Part III, shall come into force at once,
(1) The Central Government may, by notification in the Official Gazette,
and Part III shall come into force on such date as the Central Government
constitute an advisory committee to be called the Technical Advisory
may, by notification in the Official Gazette, appoint, and different dates may
Committee (hereafter in this section referred to as the committee) to advise
be appointed for different States and for different classes of establishment.
the Central Government for the purpose of addition of occupations and
2. Definitions processes to the Schedule.
In this Act, unless the context otherwise requires: (2) The Committee shall consist of a Chairman and such other members not
exceeding ten, as may be appointed by the Central Government.
(i) adolescent” means a person who has completed his fourteenth year of age
but has not completed his eighteenth year; (3) The Committee shall meet as often as it may consider necessary and shall
have power to regulate its own procedure.
(ia) child” means 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 (4) The committee may, if it deems it necessary so to do, constitute one or
Compulsory Education Act, 2009, whichever is more; more sub-committees and may appoint to any such sub-committee,
whether generally or for the consideration of any particular matter, any
(ii) "appropriate government" means, in relation to an establishment under the
person who is not a member of the committee.
control of the Central Government or a railway administration or a major
port or a mine or oilfield, the Central Government, and in all other cases, (5) The term of office of, the manner of filling casual vacancies in the office of,
the State Government; and the allowances, if any, payable to, the chairman and other members of
the committee, and the conditions and restriction subject to which the
(iii) "day" means period of twenty-four hours beginning at mid-night;
committee may appoint any person who is not a member of the committee
(iv) "establishment" includes a ship, commercial establishment, work-shop, as a member of any of its sub-committees shall be such as may be
farms, prescribed.
(v) residential hotel, restaurant, eating house, theatre or other place of public PART III
amusement or entertainment;
REGULATION OF CONDITIONS OF WORK OF ADOLESCENTS
(vi) "family", in relation to an occupier, means the individual, the wife or
6. Application of part
husband, as the case may be, of such individual, and their children, brother
or sister of such individual; The provisions of this part shall apply to an establishment or a class of
establishment in which none of the occupations or processes referred to in section
(vii) "occupier", in relation to an establishment or a workshop, means the person
3A is carried on.
who has the ultimate control over the affairs of the establishment or
workshop; 7. Hours and period of work
(viii) "port authority" means any authority administering a port; (1) No adolescent shall be required or permitted to work in any establishment
(ix) "prescribed" means prescribed by rules made under section 18; in excess of such number of hours as may be prescribed for such
establishment or class of establishments.
(x) "week" means a period of seven days beginning at midnight on Saturday
night or such other night as may be approved in writing for a particular area (2) The period of work on each day shall be so fixed that no period shall exceed
by the Inspector; three hours and that no adolescent shall work for more than three hours
before he has had an interval for rest for at least one hour.
(xi) "workshop" means any premises (including the precincts thereof) wherein
any industrial process is carried on, but does not include any premises to (3) The period of work of an adolescent shall be so arranged that inclusive of his
which the provisions of section 67 of the Factories Act, 1948 (63 of 1948), interval for rest, under sub-section (2), it shall not be spread over more than
for the time being, apply. six hours, including the time spent in waiting for work on any day.

PART II (4) No adolescent shall be permitted or required to work between 7 p.m. and 8
p.m.
PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS AND
PROCESSES (5) No adolescent shall be required or permitted to work overtime.

3. Prohibition of employment of children in certain occupations and processes (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.
(1) No child shall be employed or permitted to work in any occupation or
process. 8. Weekly holidays

(2) Nothing in sub-section (1) shall apply where the child: Every adolescent 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
(a) helps his family or family enterprise, which is other than any
permanently exhibited in a conspicuous place in the establishment and the day so
hazardous occupations or processes set forth in the Schedule,
specified shall not be altered by the occupier more than once in three months.
after his school hours or during vacations;
9. Notice to Inspector
(b) works as an artist in an audio-visual entertainment industry,
including advertisement, films, television serials or any such other (1) Every occupier in relation to an establishment in which an adolescent was
entertainment or sports activities except the circus, subject to employed or permitted to work immediately before the date of
such conditions and safety measures, as may be prescribed: commencement of this Act in relation to such establishment shall, within a
Provided that no such work under this clause shall affect the school education of period of thirty days from such commencement, send to the Inspector
the child. within whose local limits the establishment is situated, a written notice
containing the following particulars, namely:
Explanation. —For the purposes of this section, the expression,
(a) the name and situation of the establishment;
(a) “family” in relation to a child, means his mother, father, brother, sister
(b) the name of the person in actual management of the establishment;
and father’s sister and brother and mother’s sister and brother;
(c) the address to which communications relating to the establishment
(b) “family enterprise” means any work, profession, manufacture or
should be sent; and
business which is performed by the members of the family with the
engagement of other persons; (d) the nature of the occupation or process carried on in the
establishment.
(c) “artist” means a child who performs or practices any work as a hobby or
profession directly involving him as an actor, singer, sports person or in (2) Every occupier, in relation to an establishment, who employs, or permits to
such other activity as may be prescribed relating to the entertainment or work, any adolescent after the date of commencement of this Act in
sports activities falling under clause (b) of sub-section (2). relation to such establishment, shall, within a period of thirty days from the
date of such employment, send to the Inspector within whose local limits
 the establishment is situated, a written notice containing the particulars as or with fine which shall not be less than twenty thousand rupees but which
are mentioned in sub-section (1). may extend to fifty thousand rupees or with both.
Explanation: For the purposes of sub-sections (1) and (2), "date of commencement Provided that the parents or guardians of such children shall not be punished
of this Act, in relation to an establishment" means the date of bringing into force of unless they permit such child for commercial purposes in contravention of the
this act in relation to such establishment. provisions of section 3.
(3) Nothing in sections7, 8 and 9 shall apply to any establishment where in any (1A). Whoever employs any adolescent or permits any adolescent to work in
process is carried on by the occupier with the aid of his family or to any contravention of the provisions of section 3A shall be punishable with
school established by, or receiving assistance or recognition from, imprisonment for a term which shall not be less than six months but which
government. 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
10. Disputes as to age
both:
If any question arises between an Inspector and an occupier as to the age of any
Provided that the parents or guardians of such adolescent shall not be punished
adolescent who is employed or is permitted to work by him in an establishment,
unless they permit such adolescent to work in contravention of the provisions of
the question shall, in the absence of the certificate as to the age of such adolescent
section 3A.
granted by the prescribed medical authority, be referred by the Inspector for
decision to the prescribed medical authority. (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
11. Maintenance of register
3A, shall not be liable for punishment, in case of the first offence.
These shall be maintained by every occupier in respect of adolescent employed or
(2) Whoever, having been convicted of an offence under section 3 or section 3A
permitted to work in any establishment, a register to be available for inspection by
commits a like offence afterwards, he shall be punishable with
an Inspector at all times during working hours or when work is being carried on in
imprisonment for a term which shall not be less than six months but which
any such establishment, showing:
may extend to two years.
(a) the name and date of birth of every adolescent so employed or permitted to
(3) Whoever:
work;
(a) [Omitted]
(b) hours and periods of work of any such adolescent and the intervals of rest
to which he is entitled; (b) [Omitted]

(c) the nature of work of any such adolescent; and (c) [Omitted]

(d) such other particulars as may be prescribed. (d) fails to comply with or contravenes any other provisions of this Act or
the rules made thereunder, shall be punishable with simple
12. Display of notice containing Abstract of sections 3A and 14 imprisonment which may extend to one months or with fine which
Every railway administration, every port authority and every occupier shall cause to may extend to ten thousand rupees or with both.
be displayed in a conspicuous and accessible place at every station on its railway or 14A. Offences to be Cognizable
within the limits of a port or at the place of work, as the case may be, a notice in
the local language and in the English language containing an abstract of Sections 3A Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any
and 14. offence committed by an employer and punishable under section 3 or section 3A
shall be cognizable
13. Health and Safety
14B. Child and Adolescent Labour Rehabilitation Fund
(1) The appropriate government may, by notification in the Official Gazette,
make rules for the health and safety of the adolescents employed or (1) The appropriate Government shall constitute a Fund in every district or for
permitted to work in any establishment or class of establishments. two or more districts to be called the Child and Adolescent Labour
Rehabilitation Fund to which the amount of the fine realized from the
(2) Without prejudice to the generality of the foregoing provisions, the said employer of the child and adolescent, within the jurisdiction of such district
rules may provide for all or any of the following matters, namely: or districts, shall be credited.
(a) Cleanliness in the place of work and its freedom from nuisance; (2) The appropriate Government shall credit an amount of fifteen thousand
(b) disposal of wastes and effluents; rupees to the Fund for each child or adolescent for whom the fine amount
has been credited under sub-section (1).
(c) ventilation and temperature;
(3) The amount credited to the Fund under sub-sections (1) and (2) shall be
(d) dust and fume; deposited in such banks or invested in such manner, as the appropriate
(e) artificial humidification; Government may decide.

(f) lighting; (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
(g) drinking water; whose favour such amount is credited, in such manner as may be
(h) latrine and urinals; prescribed.

(i) spittoons; Explanation: — For the purposes of appropriate Government, the Central
Government shall include the Administrator or the Lieutenant Governor of a Union
(j) fencing of machinery; territory under article 239A of the Constitution.
(k) work at or near machinery in motion; 14C. Rehabilitation of rescued child or adolescent
(l) employment of children on dangerous machines; The child or adolescent, who is employed in contravention of the provisions of this
(m) instructions, training and supervision in relation to employment of Act and rescued, shall be rehabilitated in accordance with the laws for the time
children on dangerous machines; being in force.

(n) device for cutting off power; 14D. Compounding of offences

(o) self–acting machines; (1) Notwithstanding anything contained in the Code of Criminal Procedure,
1973, the District Magistrate may, on the application of the accused person,
(p) easing of new machinery; compound any offence committed for the first time by him, under sub-
(q) floor, stairs and means of access; section (3) of section 14 or any offence committed by an accused person
being parent or a guardian, in such manner and on payment of such amount
(r) pits, sumps, openings in floors, etc. to the appropriate Government, as may be prescribed.
(s) Excessive weights; (2) If the accused fails to pay such amount for composition of the offence, then,
(t) Protection of eyes; the proceedings shall be continued against such person in accordance with
the provisions of this Act.
(u) Explosive or inflammable dust, gas etc;
(3) Where any offence is compounded before the institution of any
(v) Precautions in case of fire;
prosecution, no prosecution shall be instituted in relation to such offence,
(w) Maintenance of buildings, and against the offender in relation to whom the offence is so compounded.
(x) Safety of buildings and machinery. (4) Where the composition of any offence is made after the institution of any
prosecution, such composition shall be brought in writing, to the notice of
PART IV
the Court in which the prosecution is pending and on the approval of the
MISCELLANEOUS composition of the offence being given, the person against whom the
offence is so compounded, shall be discharged.
14. Penalties
15. Modified application of certain laws in relation to penalties
(1) Whoever employs any child or permits any child to work in contravention of
the provisions of section 3 shall be punishable with imprisonment for a term (1) Where any person is found guilty and convicted of contravention of any of
which shall not be less than six months but which may extend to two years the provisions mentioned in sub-section (2), he shall be liable to penalties
 provided in sub-sections (1) and (2) of section 14 of this Act and not under Houses agree that the rule or notification should not be made or issued, the
the Acts in which those provisions are contained. rule or notification shall thereafter have effect only in such modified form or
to be of no effect, as the case may be; so, however, that any such
(2) The provisions referred to in sub-section (1) are the provisions mentioned
modification or annulment shall be without prejudice to the validity of
below:
anything previously done under that rule or notification.
(a) section 67 of the Factories Act, 1948 (63 of 1948);
(2) Every rule made by a State Government under this Act shall be laid as soon
(b) section 40 of Mines Act, 1952 (35 of 1952); as may be after it is made, before the Legislature of that State.
(c) section 109 of Merchant Shipping Act, 1958 (44 of 1958); and 20. Certain other provisions of law not barred
(d) section 21 of the Motor Transport Workers Act, 1961 (27 of 1961). 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, the
16. Procedure relating to offences
provisions of the Factories Act, 1948, the Plantation Labour Act, 1951 and the
(1) Any person, police officer or Inspector may file a compliant of the Mines Act, 1952.
commission of an offence under this Act in any court of competent
21. Power to remove difficulties
jurisdiction.
(1) If any difficulty arises in giving effect to the provisions of this Act, the
(2) Every certificate as to the age of a child which has been granted by a
Central Government may, by order published in the Official Gazette, make
prescribed medical authority shall, for the purposes of this Act, be
such provisions not inconsistent with the provisions of this Act as appear to
conclusive evidence as to the age of the child to whom it relates.
it to be necessary or expedient for removal of the difficulty:
(3) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the
PROVIDED that no such order shall be made after the expiry of a period of three
first class shall try any offence under this Act.
years from the date on which this Act receives the assent of the President.
17. Appointment of Inspectors
(2) Every order made under this section shall, as soon as may be after it is
The appropriate government may appoint Inspectors for the purposes of securing made, be laid before the Houses of Parliament.
compliance with the provisions of this Act and any Inspector so appointed shall be
22. Repeal and saving
deemed to be a public servant within the meaning of the Indian Penal Code (45 of
1860). (1) The Employment of CHILDREN Act, 1938 (26 of 1938) is hereby repealed.
17A. District Magistrate to implement the provisions (2) Notwithstanding such repeal, anything done or any action taken or
purported to have been done or taken under the Act so repealed shall, in so
The appropriate Government may confer such powers and impose such duties on a
far as it is not inconsistent with the provisions of this Act, be deemed to
District Magistrate as may be necessary, to ensure that the provisions of this Act are
have been done or taken under the corresponding provisions of this Act.
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 23. Amendment of Act 11 of 1948
duties, so conferred or imposed and the local limits within which such powers or
In section 2 of the Minimum Wages Act, 1948:
duties shall be carried out by the officer as may be prescribed.
(i) for clause (a), the following clauses shall be substituted, namely:
17B. Inspection and monitoring
(a) "adolescent" means a person who has completed his fourteenth year
The appropriate Government shall make or cause to be made periodic inspection
of age but has not completed his eighteenth year;
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 (aa) "adult" means a person who has completed his eighteenth year of
monitor the issues, relating to the provisions of this Act. age;
18. Power to make rules (ii) after clause (b), the following clause shall be inserted, namely:
(1) The appropriate government may, by notification in the Official Gazette and (bb) "child" means a person who has not completed his fourteenth year of
subject to the condition of previous publication, make rules for carrying into age;
effect the provisions of this Act.
24. Amendment of Act 69 of 1951
(2) In particular, and without prejudice to the generality of the foregoing
In the Plantations Labour Act, 1951,
power, such rules may provide for all or any of the following matters,
namely: (a) in section 2, in clauses (a) and (c), for the word "fifteenth", the word
"fourteenth" shall be substituted;
(a) the conditions and the safety measures under clause (b) of sub-
section (2) and other activities under clause (b) to Explanation of sub- (b) section 24 shall be omitted;
section (2) of section 3;
(c) in section 26, in the opening portion, the words "who has completed his
(b) the term of office of, the manner of filling casual vacancies of, and twelfth year" shall be omitted.
the allowances payable to, the Chairman and members of the
25. Amendment of Act 44 of 1958
Technical Advisory Committee and the conditions and restrictions
subject to which a non-member may be appointed to a sub- In the Merchant Shipping Act, 1958, in section 109, for the word "fifteen" the word
committee under sub-section (5) of section 5; "fourteen" shall be substituted.
(c) number of hours for which a adolescent may be required or 26. Amendment of Act 27 of 1961
permitted to work under sub-section (1) of section 7;
In the Motor Transport Workers Act, 1961, in section 2, in clauses (A) and (c), for
(d) grant of certificates of age in respect of young persons in the word "fifteenth", the word "fourteenth" shall be substituted.
employment or seeking employment, the medical authorities which
SCHEDULE
may issue such certificate, the form of such certificate, the charges
which may be made thereunder and the manner in which such [Section 3A]
certificate may be issued.
(1) Mines
PROVIDED that no charge shall be made for the issue of any such certificate if the
(2) Inflammable substances or explosives
application is accompanied by evidence of age deemed satisfactory by the
authority concerned, (3) Hazardous process
(e) the other particulars which a register maintained under section 11 Explanation — For the purposes of this Schedule, “hazardous
should contain. process” has the meaning assigned to it in clause (cb) of the
Factories Act, 1948.
(f) the manner of payment of amount to the child or adolescent under
sub-section (4) of section 14B;
(g) the manner of composition of the offence and payment of amount to
the appropriate Government under sub-section (1) of section 14D;
(h) the powers to be exercised and the duties to be performed by the
officer specified and the local limits within which such powers or
duties shall be carried out under section 17A.
19. Rules and notifications to be laid before Parliament or State Legislature
(1) Every rule made under this Act by the Central Government and 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, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule or notification or both