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The Child Labour (Prohibition And Regulation) Act, 1986
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| Object of the Act |
| To regulate the conditions of the work of the children in certain employment. |
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| The Important clarifications |
• 'Child' means a person who has not completed his 14 years of age.
• 'Establishment1 includes a shop, commercial establishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment. |
| Sec. 2 |
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| Prohibition of employment of children In certain occupations and processes |
| No child to be employed in occupation set forth In Part A of the Schedule or any workshop wherein any of the processes set-forth in Part B of the Schedule is carried on. |
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| Sec. 3 |
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| Hours and period of work |
• Not to exceed three hours
•Interval for rest- one hour
• Spread over not more than six hours inclusive of interval and the time spent for waiting. |
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| Sec. 7 |
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| Not permitted to work |
•Between 7 pm to 8 am.
•Overtime working.
If such a child is working
in another
establishment. |
| Sec. 7 |
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| Weekly holidays |
| One whole day, not to be altered more than once in three months. |
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| Sec. 8 |
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| Notice to Inspector |
Furnishing details of
• Name and situation of establishment.
• Name of the person in actual management of the establishment.
• Address for communication.
• Nature of the occupation. |
| Sec. 9 |
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Display of notice
To contain abstract of section 3 pertaining to prohibition of employment of children and the provisions for penalties |
| Sec. 12 |
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| Dispute as to age |
| In the absence of certificate of age, can be referred for decision of prescribed medical authority. |
| Sec. 10 |
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| Health and safety |
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In the To be
notified by appropriate government in accordance with guidelines given in section 13 of the Act. |
Sec. 13 |
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Maintenance & production of register by occupier
• The name and date of birth of every
child so 1" employed or permitted to work.
• Hours and period 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. |
| Sec.11 |
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| PENALTIES |
Offence |
Punishment |
| for violation of section 3 |
Imprisonment for not less than 3 months which may extend to one year, or fine not less than 10,000/- which may extend to Rs.20,000/- or both. |
| Repetition of violation |
Imprisonment for a term not less than six months which may extend to two years |
| For failure to : |
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give notice as required by section 9 |
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maintain a register as required by section 11 or make any false entry in any such registers; or |
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display a notice containing an abstract of section 3 and this section as required by section 12, or |
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comply with or contravene any other provisions of this Act or the Rules made thereunder. |
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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. |
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| Sec. 14 |
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The Supreme Court in M.C. Mehta v. State of Tamil Nadu. 1996 SCC 756 has directed the discontinuance of the employment of child labour and ordered payment o compensation of Rs.20,000 per child. The court has also laid down certain directions in relation to working hours in non-hazardous jobs and providing for education by the employer and the State. |
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