CHILD AND ADOLESCENT LABOUR ACT,1986

CHILD AND ADOLESCENT LABOUR ACT,1986

OBJECT OF THE ACT-:

To prohibit the engagement of children in all occupations & to prohibit the engagement of adolescents in hazardous occupations and processes and the matters connected therewith or incidental there to.

 THE IMPORTANT CLEARIFICATION-:

1) Adolescent means a person who has completed hid fourteen years of age but not completed in eighteen years.

2) No adolescent shall be employed or permitted to work in any of the hazardous occupations and processes set forth in the scheduled. Provided that the Central Govt. may by notification, specify the nature of the non-hazardous work to which an adolescent may be permitted to work under this Act.

3) Child mean person who has not completed 14 years of ages or such age may be specified in the right of children to free and compulsory Education act, 2009 whichever is more.

4) Establishment include a shop, commercial establishment, workshop farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment.

PROHIBITION-:

No child shall be employed or permitted to work in any occupation or process. However he is allowed to help his family or family enterprise other than hazardous occupation but not during the school hours or if he is working as an artist.

WORKING HOURS-:

1) Not to exceed three hours

2) Interval for rest.

3) Spend over not more than 6 hours inclusive of interval and the time spent for waiting for work on any day.

4) Not permitted.

5) To work between 7 pm to 8 am.

6) Overtime working.

If such a adolescent is working in another establishment

Weekly holidays-:

One whole day, not to be altered more than once in three months.

 NOTICE TO INSPECTOR-:

  Furnishing detail of-

-          Name and situation of establishment.

-          Name of the person in actual management of the establishment.

-          Address of communication.

-          Nature of occupation.

MAINTANANCE AND PRODUCTION OF REGISTERED BY OCCUPIER

·         The name and date of birth of every adolescent so employed or permitted to work.

·         Ours and period of work of any such adolescent and the intervals of rest to which he is entitled.

·         The nature of work of any such adolescent.

·         Such other particulars as may be prescribed.

DISPLAY OF NOTICE-:

To contain abstract of section 3A pertaining to prohibition of employment of children and the provision of penalties.

HEALTH AND SAFETY-:

To be notified by appropriates Govt. In accordance with guideline given in section 13 of the Act.

PENAL PROVISION-:

For violation of section 3 : imprisonment for not less than 6 months which may be extend two years or fin not less than 20000/- which may extend to 50000/- or both.

Comply with or contravene any other provision of the act or the rules made there under.

Shall be punishable with simple imprisonment which may extended to one month or with fine which may extend to ten thousand rupees or with both.

The supreme court in M.C. Mehta vs. State of Tamil Nadu 1996 SSC 756 has directed the discontinues of the employment of child labour and ordered payment of compensation of RS-20000/- per child.

The court has also laid down certain direction in relation to work hours in non-hazardous jobs and providing for education by the employer and the state.

If the absence of certificate of age can be referred   for decision of prescribe medical authority.