Child Labour (Regulation and Prohibition) Act, 1986
PART III
REGULATION OF CONDITIONS OF WORK OF CHILDREN
1) Application
of Part. The provisions of this Part 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.
2) Hours
and period of work.
(1) 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.
(2) 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.
(3) The
period of work of a child shall be so arranged that inclusive of his
interval for rest, under sub-section (2), it shall not be
spread over more than six hours, including the time spent in
waiting for work on any day.
(4) No
child shall be permitted or required to work between 7 p.m. and 8 a.m.
(5) No
child shall be required or permitted to work overtime.
(6) 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.
3) Weekly
holidays. 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.
4) Notice
to Inspector.
(1) Every
occupier in relation to an establishment in which a
child was employed or permitted to work immediately
before the date of commencement of this Act in relation to such establishment
shall, within a period of thirty days from such commencement,
send to the Inspector within whose local limits the
establishment is situated, a written notice containing the
following particulars, namely:--
a) the
name and situation of the establishment;
b) the
name of the person in actual management of the
establishment;
c) the
address to which communications relating to the
establishment should be sent; and
d) the
nature of the occupation or process carried on in the
establishment.
(2) Every
occupier, in relation to an establishment, who employs, or permits to
work, any child after the date of commencement of this Act in
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 are mentioned in sub-section (1).
Explanation.--For the purposes of
sub-sections (1) and (2), "date of commencement of this Act,
in relation to an establishment" means the date of
bringing into force of this Act in relation
to such establishment.
(3) Nothing
in sections 7,8 and 9 shall
apply to any establishment wherein any process is
carried on by the occupier with the aid of his family or to
any school established by, or receiving assistance or recognition from,
Government.
5) Disputes
as to age. If any question arises between
an Inspector and an occupier as to the age of any child who is
employed or is permitted to work by him in an
establishment, the question shall, in the absence of
a certificate 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.
6) Maintenance
of register. There shall be maintained by every occupier in respect
of children employed or permitted to work in any establishment, 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—
a) the
name and date of birth of every child so employed or permitted to work;
b) hours
and periods of work of any such child and the intervals of rest
to which he is entitled;
c) the
nature of work of any such child; and
d) such
other particulars as may be prescribed.
7) Display
of notice containing abstract of sections 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.
8) Health
and safety.
(1) 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.
(2) Without
prejudice to the generality of the
foregoing provisions, the said rules may provide for all or any of the
following matters, namely:--
a) cleanliness
in the place of work and its freedom from nuisance;
b) disposal
of wastes and effluents;
c) ventilation
and temperature;
d) dust
and fume;
e) artificial
humidification;
f) lighting;
g) drinking
water;
h) latrine
and urinals;
i) spittoons;
j) fencing
of machinery;
k) work
at or near machinery in motion;
l) employment
of children on dangerous machines;
m) instructions,
training and supervision in relation to employment of
children on dangerous machines;
n) device
for cutting off power;
o) self-acting
machines;
p) easing
of new machinery;
q) floor,
stairs and means of access;
r) pits,
sumps, openings in floors, etc.;
s) excessive
weights;
t) protection
of eyes;
u) explosive
or inflammable dust, gas, etc.;
v) precautions
in case of fire;
w) maintenance
of buildings; and
x) Safety
of buildings and machinery.