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CHAPTER 12
CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986 LA
lEPROHIBITION AND REGULATION) ACT
Learning Objective
After studying this Chapter, the student is able to understand,

acclimatized with the legal frame work stipulated under the Child Labour (Prohibition and Regulation)
Act, 1986.

no child below the age of 14 years is to be employed in any factory, mine or any hazardous employment.

Child labour is a concrete manifestation of violations of a range of rights of children and is recognised as
a serious social problem in India.

UNIT STRUCTURE
12.1 Introduction
12.2 Object Of The Act
12.3 Definitions
12.4 Applicability
12.5 Prohibition Of Employment Of Children In Certain Occupations And Processes
12.6 Child Labour Technical Advisory Committee
12.7 Regulation Of Conditions Of Work Of Children
12.8 Penalties (Section 14)
12.9 Power Of Central/Appropriate Government
12.10 Where To Make Complaint
12.11 Prohibited Occupations
12.12 Prohibited Proceses
Summary
Review Questions

12.1 INTRODUCTION
The Child Labour (Prohibition and Regulation )Act, 1986 enacted to prohibit the
engagement of children below the age of fourteen years in factories, mines and hazardous
employments and to regulate their conditions of work in certain other establishments.
(Article 24)
Article 39 requires the states to direct its policy towards ensuring that the tender age of
children is not abused and that they are not forced by economic necessity to enter
avocations unsuited to their age or strength.
12.2 OBJECT OF THE ACT
The basic objective of the Child Labor (Prohibition & Regulation) Act, 1986 is to prohibit the
engagement of children in certain employments and to regulate the conditions of work or
children in certain other employments.
To ban the employment of children in specified occupations and processes
To lay down a procedure to decide modification to the schedule of banned occupations
and processes.
To regulate the conditions of work of children in employments where they are not
prohibited from working
To lay down enhanced penalties for employment of children in violation of the provisions
of this Act and other Acts which forbid the employment of children.
It extends to the whole of India

12.3 DEFINITIONS
Appropriate Government means, in relation to an establishment under the control of 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.
Child: Child means a person who has not completed his fourteen years of age.
Day means a period of twenty four hours beginning at mid night.

Establishment includes a shop, commercial establishment, workshop, farm, residential hotel,

eating house, theatre or other place of public amusement or entertainment.
Family in relation to an occupier, means the individual, the wife or husband, as the case may be,
of such individuals and their children, brothers or sisters of such individuals.
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.
Port authority means any authority administering a port.
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
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 for the time being apply.
12.4 APPLICABILITY
The Act extends to the whole of India. The Act contains 4 parts and one schedule which again is
in two parts A and B. Provisions contained in Part III of the Act for regulating conditions of work
of Children came into effect with effect from 26th May 1993, whereas for other provisions of the
Act, the central Government has power to appoint different dates for different states and for
different class of establishments.
12.5 PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS
AND PROCESSES
SECTION 3
No child shall be employed or permitted to work in any of the occupations set forth in
part A of the schedule and processes set forth in part B of the schedule. This restriction is
not applicable if in any workshop any process is carried on .
The prohibition of employment of children is not applicable to any workshop wherein
any process is carried on by the occupier with the aid of his family or to any school
established by or receiving any assistance or recognition from Government.
MC Mehta vs. State of Tamil Nadu, AIR 1991 SC 417.

Children can be employed in the process of packing but packing should be done in any area
away from the place of manufacturing to avoid exposure to accident.
Central Government has been empowered under section 4 to add any occupation or processes to
the schedule after giving not less than three months notice.
12.6 CHILD LABOUR TECHNICAL ADVISORY COMMITTEE
The Central Government may, constitute an advisory committee to be called the Child
Labour Technical Advisory Committee.
The Committee shall consist of a Chairman and such other members not exceeding ten,
as may be appointed by the Central Government.
It shall advise the Central Government for the purpose of addition of occupations and
processes to the schedule.
The Committee shall meet as often as it may consider necessary.
The Committee shall have power to regulate its own procedure.

12.7 REGULATION OF CONDITIONS OF WORK OF CHILDREN

Part III of the Act containing sections 6 to 13 deals with Regulation of Conditions of Work of
Children. The provisions of the Part III shall apply to an establishment or a class of
establishments in which none of the occupations or processes referred to in Section 3 is carried
on.
HOURS AND PERIOD OF WORK (Section 7)
No child 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.
The period of work on each day shall be so fixed that no period shall exceed three hours
and that
No child shall work for more than three hours before he has had an interval for rest for at
least one hour.
The period of work of a child shall be so arranged that inclusive of his interval for rest,
under subsection it shall not be spread over more than six hours, including the time spent
in waiting for work on any day.
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.

 No child shall be required or permitted to work in, any establishment on any day on
which he has already been working in another establishment.
WEEKLY HOLIDAYS (Section 8)
Every child 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 permanently exhibited in a
conspicuous place in the establishment and the day so specified shall not be altered by the
occupier more than once in three months.
NOTICE TO INSPECTOR
Section 9 provides that every occupier in relation to an establishment who employs, or
permits to work, any child 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 namely:
The name and situation of the establishment.
The name of the person in actual management of the establishment.
The address to which communications relating to the establishment should be sent.
The nature of the occupation or process carried on in the establishment.
SECTION 10- DISPUTES AS TO AGE:
If any question arises between an inspector and an occupier as to the age of any child, in the
absence of a certificate in Form C as to the age of such child granted by the prescribed medical
authority, be referred by the inspector for decision to the prescribed medical authority.( A govt.
medical officer not below the rank of an Assistant surgeon of a district or on officers having
equivalent rank in ESI Dispensaries or hospitals (Section-10 read with Rule-16)Inspector and
Occupier certificate is important to be produced by the occupier and issued by Medical Authority.
MAINTENANCE OF REGISTER-SECTION 11
Every occupier in respect of children employed or permitted to work in any establishment,
maintained a register to be available for inspection by an Inspector at all times during working
hours or when work is being carried on in any such establishment showing:
The name and date of birth of every child so employed or permitted to work.
Hours and periods of work of any such child and the intervals of rest to which he is

entitled.
The nature of work of any such child.
Such other particulars as may be prescribed.
SECTION 12 -DISPLAY OF NOTICE CONTAINING ABSTRACT OF SECTION 3 AND
14
Every railway administration, every port authority and every occupier shall cause to be displayed
in a conspicuous and accessible place at every station on its railway or 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 3 and 14.
HEALTH AND SAFETY (SEC 13)
The appropriate Government may, by notification in the official Gazette, make rules for
the health and safety of the children employed or permitted to work in any establishment
or class of establishments.
Without prejudice to the generality of the foregoing provisions, the said rules may

provide for all or any of the following matters:

Cleanliness in the place of work and its freedom from nuisance.
Disposal of wastes and effluents.
Ventilation and temperature.
Dust and fume.
Artificial humidification.
Lighting.
Drinking water.
Latrine and urinals.
Spittoons.
Fencing of machinery.
Work at or near machinery in motion.
Employment of children on dangerous machines.

Instructions, training and supervision in relation to employment of children on dangerous

machines;

Device for cutting off power.

Self-acting machines.
Easing of new machinery.
Floor, stairs and means of access
Pits, sumps, openings in floors, etc.

Excessive weights
Protection of eyes
Explosive or inflammable dust, gas, etc.
Precautions in case of fire.
Maintenance of buildings.
Safety of buildings and machinery.

12.8 PENALTIES (SECTION 14)

Any child or permits any child to work in contravention of the provisions of Sec. 3 shall
be punishable with imprisonment for a term which shall not be less than, three months
but 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.
Convicted of an offence under Sec. 3, commits a like offence afterwards, he shall be
punishable with imprisonment for a term which shall not be less than six months but
which may extend to two years.
Fails to give notice as required by Sec. 9, or
Fails to maintain a register as required by Sec. 11 or makes any false entry in any such
register.
Fails to display a notice containing an abstract of Sec. 3 and this section as required by
Sec. 12
Fails to comply with or contravenes any other provisions of this Act or the rules made
there under 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.
In order to prosecute an employer under section 14 of the Act, the age of the child must be
proved to be less than 14 years of age.
12.9 POWER OF CENTRAL/APPROPRIATE GOVERNMENT
Central Government has power to add any occupation or process to schedule 1
prohibiting employment of a child labour.
Central Government by section 4, employment of children as domestic workers or
servant, employment of children in Dhabas, restaurants, hotels, motels etc has been
prohibited with effect from 10h October 2006.
Central Government has been empowered to constitute a child labour technical advisory
committee to advice it for the purpose of addition of banned occupations to the schedule
of the Act.

 As on date there are 18 occupations in part A of schedule 1 and 65 process in part B

where employment of a child labour is prohibited.

12.10 WHERE TO MAKE COMPLAINT

Any person can make a complaint for the commission of any offence under this Act. All offences
under this Act are tried by a court not inferior to that of a Metropolitan Magistrate or a
Magistrate of first Class.
12.11 PROHIBITED OCCUPATIONS
OCCUPATIONS LISTED IN PART A OF SCHEDULE I ARE PROHIBITED
OCCUPATIONS
Transport of passengers, goods; or mails by railway.
Cinder picking, clearing of an ash pit or building operation in the railway premise.
Work in a catering establishment at a railway station, involving the movement of 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 railway station or with any other work where such

work is done in close proximity to or between the railway lines.

The port authority within the limits of any port.
Work relating to selling of crackers and fireworks in shops with temporary licenses
Abattoirs/slaughter Houses.
Automobile workshops and garages.
Foundries.
Handling of taxies or inflammable substance or explosives.
Handloom and power loom industry.
Mines (underground and under water) and collieries.
Plastic units and Fiber glass workshop.
Employment of children as domestic workers or servant.
Employment of children in dhabas, restaurants, hotels, motels, tea shops, resorts, spas or

other recreational centers

Diving.
Circus.
Caring of Elephants
12.12 PROHIBITED PROCESES

PROCESS INCLUDED IN PART B OF SCHEDULE 1 ARE PROHIBITED PROCESS

Beedi making.
Carpet Weaving.
Cement manufacture including bagging of cement.
Cloth printing, dyeing and weaving.
Manufacture of matches, explosive and fireworks.
Shellac manufacture.
Soap manufacture.
Tanning.
Wool cleaning.
Building and construction industry.
Manufacture of slate pencils (including packing).
Manufacture of products of agate.
Manufacturing processes using toxic metals and substances such as lead, mercury,

manganese.
Chromium, cadmium, benzene, pesticides and asbestos (Section-3).
All Hazardous process an defined in section 2( cb) and dangerous operations as notified

in ruler made under section 87 of the factories Act 1948.

Printing (as defined in section 2(k) of the factories Act 1948.
Cashew and cashew nut descaling and processing.
Soldering process in electronic industries.
Agarbathi manufacturing.
Automobile repairs and maintenance (namely welding lather work, dent beating and

printing).
Brick kilns and Roof files units.
Cotton ginning and processing and production of hosiery goods.
Detergent manufacturing.
Fabrication workshop (ferrous and non-ferrous).
Gem cutting and polishing.
Handling of chromites and manganese ores.
Jute textile manufacture and of coir making.
Lime kilns and manufacture of lime.
Lock making.
Manufacturing process having exposure to lead such as primary and secondary smelting,

welding etc.
Manufacture of glass, glass ware including bangles fluorescent tubes bulbs and other
similar glass products.
Manufacturing of cement pipes, cement products, and other related work.
Manufacture of dyes and dye stuff.
Manufacturing or handling of pesticides and insecticides

 Manufacturing or processing and handling of corrosive and toxic substances, metal

cleaning.
Photo enlarging and soldering processes in electronic industry
Manufacturing of buring coal and coal briquette.
Manufacturing of sports goods involving to synthetic materials, chemicals and leather.
Moulding and processing of fiberglass and plastics.
Oil expelling and refinery.
Paper making.
Potteries and ceramic industry.
Polishing, moulding, cutting welding and manufacture of brass goods in all forms.
Process in agriculture where tractors, threshing and harvesting machines are used and

chaff cutting.
Saw mill all process.
Sericulture processing.
Skinning dyeing and process for manufacturing of leather and leather products.
Stone breaking and stone crushing.
Tobacco processing including manufacturing of tobacco, tobacco paste and handling of

tobacco in any form

Tyre making repairing, re-trading and graphite beneficiation.
Utensils making polishing and metal buffing.
Zari Making (all process).
Electroplating.
Graphite powdering and incidental processing.
Grinding or glazing of metals.
Diamond cutting and polishing.
Extraction of slate from mines.
Rag picking and scavenging.
Processes involving exposure to excessive heat and cold
Mechanized finishing.
Food processing.
Beverage Industry.
Timber handling and loading.
Mechanical lumbering.
Warehousing.
Processes involving exposure to free silica such as slate, pencil industry, stone grinding,
slate stone mining, stone quarries, agate industry.

SUMMARY
The Child Labour (Prohibition and Regulation) Act 1986 prohibits employment of children
below the age of 14 years in any factory or any hazardous employment Any person who employs
child he is liable for punishment with imprisonment for 3 month which can be extended to 1 year
or Rs.20,000 fine It Provides free and compulsory education for all children until they complete
the age of 14 years Many beggar childrens and other similar forms of forced labour are
prohibited and violation of this provision shall be an offence punishable in accordance with law.
REVIEW QUESTIONS
1. What is the objective and Scope of Child Labour (Prohibition and Regulation) Act, 1986
2. What are the provisions related to prohibition of employment of children in certain
3.
4.
5.
6.
7.

occupation and diseases?

What is Child Labour Technical Advisory Committee?
What are the provisions related to Hours and period of work provided under the Act?
Discuss the provisions related to health and safety of child provided under the Act?
What are the penal provisions provided for contravention of provisions of the Act?
Write short notes on Workshop and Establishment?