Chapter 3(H) The Child and Adolescent Labour Act, 1986 – CS Professional Labour Laws and Practice Notes is designed strictly as per the latest syllabus and exam pattern.
The Child and Adolescent Labour Act, 1986 – CS Professional Labour Laws and Practice Study Material
Question 1.
What Penalties are imposed for appointment of Child & Adolescent Labour in The Child & Adolescent Labour (Prohibition & Regulation) Act, 1986. (Aug 2021, 6 marks)
Answer:
Whoever employs any Child or permits any child to work in contravention of the provisions of Section 3 of the Child & Adolescent Labour (Prohibition and Regulation) Act, 1986 shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years,or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both.
However, the parents or guardians of such children shall not be punished unless they permit such child for Commercial purposes in contravention of the provisions of Section 3.
Whoever employs any adolescent or permits any adolescent to work in contravention of the provisions of Section 3A shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both. However, the parents or guardians of such adolescent shall not be punished unless they permit such adolescent to work in contravention of the provisions of Section 3A.
The parents or guardians of any child or adolescent shall not be liable for punishment, in case of the first offence. Whoever, having been convicted of an offence under Section 3 or Section 3A of the Act commits a like offence afterwards; he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years.
The parents or guardians having been convicted of an offence under Section 3 or Section 3A, commits a like offence afterwards, he shall be punishable with a fine which may extend to ten thousand rupees.
Contravention of the provisions of Section 3A of the Act shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both.
Question 2.
What are the provision relating to prohibition of employment of children in any occupation?
Or
Whether a child can be employed in any occupation. If yes, please provide the circumstances.
Answer:
- Section 3 of the Act provides that no child shall be employed or permitted to work in any occupations or process
- However, in the following cases, a child may be employed:-
- If the same is done to by the child to support/ helps his family or family enterprise provided:
- It is not any hazardous occupations or processes
- The employment is after his school hours or during vacations
- As an artist in an audio-visual entertainment industry, including advertisement, films, television serials or any such other entertainment or sports activities , subject to:
- Prescribed safety measures are provided
- Entertainment industry excluding circus
- If the same is done to by the child to support/ helps his family or family enterprise provided:
Question 3.
What are the provision relating to prohibition of employment of adolescent in any occupation?
Answer:
Section 3A of the Act provides that no adolescent shall be employed or permitted to work in:
- Hazardous occupations
- Processes set forth in the Schedule.
The hazardous occupations or processes set forth in the Schedule are as under:
- Mines
- Inflammable substances or explosives
- Hazardous process.
Question 4.
What are the prescribed hours of employment of adolescent in any occupation?
Answer:
- An Adolescent shall not work for more than 3 hours.
- Before working for 3 hours ,he/she must have an interval for rest for at least one hour.
- No adolescent shall be permitted or required to work between 7 p.m. and 8 a.m.
- No adolescent shall be required or permitted to work overtime.
- N adolescent shall be required or permitted to work in, any establishment on any day on which he has already been working in another establishment.
Question 5.
What are the prescribed registers and its contents with respect to employment of adolescent in any occupation?
Answer:
- Every Occupier employing adolescent should maintain a register
- Register should be available for inspection by an Inspector during working hours
- Contents of Register:
- Name and date of birth of every adolescent so employed or permitted to work
- Hours and periods of work of any such adolescent and the intervals of rest
- Nature of work
- Any other particulars as may be prescribed
The Child and Adolescent Labour Act, 1986 Notes
Object & Scope of The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
- The Act prohibits employment of children below 14 years in hazardous occupations and processes and regulates the working conditions in other employments.
- Article 24 (Fundamental Rights) of the Constitution provides that no child below the age of 14 years is to be employed in any factory, mine or any hazardous employment.
- Article 39 (Directive Principles) 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.
- Article 21A additionally entrust the State with the task of providing free and compulsory education to all the children in the age group of 6-14 years.
- Child Labour (Prohibition & Regulation) Act was enacted to strive to achieve the aforesaid objectives by regulating employment of adolescent in non-hazardous occupations and processes.
Provisions regarding employment of CHILDREN (<14 years)
- No child shall be employed or permitted to work in any occupations or process
- Exception:
- A child may be employed if the same is done to by the child to support/ helps his family or family enterprise provided It is not any hazardous occupations or processes and employment is after his school hours or during vacations
- Child works as an artist in an audio-visual entertainment industry, including advertisement, films, television serials or any such other entertainment or sports activities, provided prescribed safety measures are provided Provisions regarding employment of ADOLESCENT (>=14 years, <18 years)
- No adolescent shall be employed or permitted to work in:
- Hazardous occupations
- Processes set forth in the Schedule.
- The hazardous occupations or processes set forth in the Schedule are as under:
- Mines
- Inflammable substances or explosives
- Hazardous process.
Hours of employment of ADOLESCENT
- An Adolescent shall not work for more than 3 hours.
- Before working for 3 hours , he/she must have an interval for rest for at least one hour.
- No adolescent shall be permitted or required to work between 7 p.m. and 8 a.m.
- No adolescent shall be required or permitted to work overtime.
- No adolescent shall be required or permitted to work in, any establishment on any day on which he has already been working in another establishment.
Penalties for breach of provisions of Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
Employer employs any child or
Employer employs any adolescent (Contravention of Section 3A)
Fine: ₹ 20,000 to ₹ 50,000 permits any child to work (Contravention of Section 3)
Imprisonment: 6 months to 2 years