3.
3A.
12.
CHILD AND ADOLESCENT LABOUR
Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
[61 OF 1986]1
2[An Act to prohibit engagement of children in all occupations and to prohibit the engagement of adolescents in hazardous occupations and processes and the matters connected therewith or incidental thereto.]
BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:
PART I PRELIMINARY
Short title, extent and commencement.
1. (1) This Act may be called 3[the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.]
(2)It extends to the whole of India.
(3)The provisions of this Act, other than Part III, shall come into force at once, and Part III shall come into force on such date4 as the Central Government may, by
1.Dated 23-12-1986.
2. Long title substituted by the Child Labour (Prohibition and Regulation) Amendment Act, 2016, w.e.f. 1-9-2016. Prior to its substitution, said long title read as under: “An Act to prohibit the engagement of children in certain employments and to regulate the conditions of work of children in certain other employments.”
3. Substituted for “the Child Labour (Prohibition and Regulation) Act, 1986.” by the Child Labour (Prohibition and Regulation) Amendment Act, 2016, w.e.f. 1-9-2016.
4. NOTIFICATION NO. SO 333(E), DATED 26-5-1993.—In exercise of the powers conferred by sub-section (3) of section 1 of the Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), the Central Government hereby appoints the 26th day of May, 1993 as the date on which the provisions of Part III of the said Act shall come into force in respect of all classes of establishments, throughout the territory of India, in which none of the occupations and processes referred to in section 3 of the said Act is carried on.
notification in the Official Gazette, appoint, and different dates may be appointed for different States and for different classes of establishments. Definitions.
2. In this Act, unless the context otherwise requires,—
5[(i) “adolescent” means a person who has completed his fourteenth year of age but has not completed his eighteenth year;]
6[(ia)] “appropriate government” means, in relation to an establishment under the 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, the State Government;
7[(ii) “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 Compulsory Education Act, 2009, whichever is more;]
(iii) “day” means a period of twenty-four hours beginning at mid-night;
(iv) “establishment” includes a shop, commercial establishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment;
(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;
(vi) “occupier”, in relation to an establishment or a workshop, means the person who has the ultimate control over the affairs of the establishment or workshop;
(vii) “port authority” means any authority administering a port;
(viii) “prescribed” means prescribed by rules made under section 18;
(ix) “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 by the Inspector;
(x) “workshop” means 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 (63 of 1948), for the time being, apply.
5. Inserted by the Child Labour (Prohibition and Regulation) Amendment Act, 2016, w.e.f. 1-9-2016.
6. Existing clause (i) renumbered as (ia), ibid.
7. Clause (ii) substituted, ibid. Prior to its substitution, clause (ii) read as under:
‘(ii) “child” means a person who has not completed his fourteenth year of age;’
3 CHILD AND ADOLESCENT LABOUR ACT, 1986 S. 2
COMMENTS
SECTION NOTES
2.1 Child [2(ii)]
Child means a person who has not completed 14 years of age8
Age certificate granted by a prescribed medical authority shall be conclusive evidence of a child’s age. [See section 16(2)]
A person who has completed 14 years of age but not 18 years of age is an adolescent.
2.2 Adolescent [2(i)]
“Adolescent” means a person who has completed 14 years of age but has not completed 18 years of age.
Age certificate granted by a prescribed medical authority shall be the evidence for determining whether a person is adolescent. [See section 10]
In the absence of such age certificate, the dispute as to the age shall be referred by the Inspector for decision to the prescribed medical authority. [See section 10]
2.3 Establishment [Section 2(iv)]
The term “establishment” is defined to specifically include but is not limited to the following: a shop, a commercial establishment, a workshop, a farm, a residential hotel, a restaurant, an eating house, a theatre, or other place of public amusement or entertainment.
2.4 Workshop [Section 2(x)]
The term “workshop” means any premises (including the precincts thereof) wherein any industrial process is carried on
However, the term “workshop” does not include any premises to which the provisions of section 67 of the Factories Act, 1948, for the time being, apply.
8. “Child” means a person who has not completed his fourteenth year of age or such age as may be specified in the RTE Act (Right of Children to Free and Compulsory Education Act, 2009), whichever is more. RTE Act also defines a “child” as a person aged 6 to 14. Since neither this Act nor RTE Act prescribes a higher age limit than 14 years for a child, a child is a person not more than 14 years of age.
