For the purpose of this Act “child”
means any person who has not completed 14th year of age.
Prohibition of employment of children
in certain occupations and processes (Sec 3, 4)
No
child shall be employed/permitted to work in any of the occupations set forth
in Part A of the Schedule or in any workshop wherein any of the processes set
forth in Part B of the Schedule is carried on.
This
section will not apply 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 assistance or recognition from the Government.
Central
Government may, by giving not less than 3 (three) months notice in the Official Gazette
of its intention to do so, add any occupation/process to the Schedule.
Child Labour Technical Advisory
Committee (Sec 5)
Central
Government may appoint a Committee to be called the Child Labour Technical
Advisory Committee (hereinafter “the Committee”) to advise the Government for
the purpose of addition of occupations/premises to the Schedule.
Committee
to consist of Chairman and other members not exceeding 10 to be appointed by
the Central Government.
Regulation of Conditions of Work for
Children (Secs 6-13)
Provisions
shall be applicable to those establishments in which none of the occupations or
processes mentioned in Part A and B of the Schedule is carried on.
No
child shall be required or permitted to work for a period of more than 3 hours
at a stretch without a break for 1 hour and the period of work including the
interval for rest shall not exceed 6 hours including the time spent in waiting
for work on any day.
No
child shall be required or permitted 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 a day in
which he is already working in any other establishment.
Every
child shall get a holiday on one day of the week and the occupier will specify
such day by a notice permanently exhibited in a conspicuous place in the
establishment and such day shall not be altered by the occupier more than once
in three months.
If
any dispute arises between an Inspector and an occupier as to the age of the
child who was employed or permitted to work by him in an establishment, the
question shall, in the absence of certificate of age being provided by a
medical authority, be referred by the Inspector for decision to the prescribed
medical authority.
Every
occupier shall maintain a register in respect of children employed, to be
available to the Inspector for inspection at all times during working hours
showing:
Name
and date of birth of every child employed or permitted to work;
Hours
and periods of work of any child and the intervals of rest to which he is
entitled;
Nature
of work of any such child;
Other
prescribed particulars.
Every
railway administration, every port authority and every occupier shall cause to
be displayed in a conspicuous and accessible place a notice in the native
language and In English containing an abstract of prohibition of child labour
and the penalty thereof.
The
appropriate Government may make rules regarding health and safety ("appropriate Government" means,
in relation to an establishment under the control of the 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).
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.
Penalties (Sec 14)
Whoever
employs or permits any child to work in contravention of the provisions of this
Act, shall be punishable with imprisonment for a term which shall not be less
than 3 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.
Whoever,
commits a like offence afterwards shall be punishable with imprisonment for a
term which shall not be less than 6 months and which may extend to 2 years.
Whoever
fails to give notices or fails to maintain registers or fails to comply with
any provisions of this Act shall be punishable with imprisonment which may
extend to one month or with fine which
may extend to ten thousand rupees or with both.
Procedure related to offences (Sec 16)
Any
person, police officer or Inspector may file a complaint of commission of any
offence under this Act.
No
court inferior to that of a Metropolitan Magistrate or a Magistrate of first class shall try an
offence under this Act.
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