Child Lobour Prohibition Act 1986

Presented by Y Abraham Konyak MBA 3rd Sem Roll No. Nu/mn/17/2010

Content
Meaning Prohibition of Employment of Children in certain Occupations and Processes. Regulation of conditions of work of children. Important constitutional provisions. Legislations in India which prohibit child labour.

Conclusion.

WHAT IS CHILD LABOUR?

There is no definition put forth by the government of India with respect to child labour - the closest to a definition can be fished out of the Child Labour Act of 1986. Child labour can be defined as any type of work a child (up to 18 years of age) is engaged in for a large part of the day that is preventing his/her regular attendance and success in school. In addition, overall development which will facilitate a child to realize his/her full potential

Prohibition of Employment of Children in certain Occupations and Processes No child shall be employed or 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: PART A 1. Transport of passengers, goods or mails by railway; 2. Cinder picking, clearing of an ash pit or building operation in the railway premises; 3. Work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines;

Processes Part :B
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Bide-making. Carpet-weaving. Cement manufacture, including bagging of cement. Cloth printing, dyeing and weaving. manufacture of matches, explosives and fire-works. Mica-cutting and splitting. Soap manufacture. Tanning. Wool-cleaning. Building and construction industry.

Regulation of Conditions of Work of Children

A. Hours and period of work 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. 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. No child shall be permitted or required to work between 7 p.m. and 8 a.m.

No child shall be permitted or required to work overtime.

allowed in each week, a holiday or one whole day

B. Weekly holidays: Every child employed in an establishment shall be Maintenance of register: 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, name and date
of birth, hours and periods of work, nature of work .

Cont

C. Health and safety: The appropriate Government make

rules for the health and safety of the children employed or permitted to work in any establishment or class of establishments. the said rules may provide for all or any of the following matters, namely : cleanliness in the place of work place. drinking water; latrine and urinals; fencing of machinery; work at or near machinery in motion; employment of children on dangerous machines; device for cutting off power; excessive weight; protection of eyes; explosive or inflammable dust, gas, etc.; precautions in case of fire; and an employer as to the age of any child who is employed or is permitted to work by him in an establishment, the certificate granted by the prescribed medical authority considered by the inspector.

D. Disputes as to age: If any question arises between an Inspector

Miscellaneous
Penalties:
Whoever employs any child or permits any child to work in contravention of the provisions of Sec. 3 shall be punishable with imprisonment for a term which shall not be less than three 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.

IMPORTANT CONSTITUTIONAL PROVISIONS The Indian constitution has prohibited the child Labour, and it also mentions the rights of the child which has been mentioned in the article of the Indian constitution. They are: Article 23; Prohibition of traffic in human beings and forced labour Article24; Prohibition of employment of children in factories, etc Article 45; Provision for free and compulsory education for children below the age of six years Article 21-A; Right to education

LEGISLATIONS IN INDIA WHICH PROHIBIT CHILD LABOUR

There are several Acts which prohibits the child labours and they are: Section 67of Factories Act, 1948: Prohibition of employment of young children No child who has not completed his fourteenth year shall be required or allowed to work in any factory. Section 24 of Plantation Labour Act, 1951: No child who has not completed his twelfth year shall be required or allowed to work in any plantation. Section 109 of Merchant Shipping Act, 1951: No person under fifteen years of age shall be engaged or carried to sea to work in any capacity in any ship Section 45 of Mines Act, 1952: No child shall be employed in any mine, nor shall any child be allowed to be present in any part of a mine which is below ground or in any (open cast working) in which any mining operation is being carried on. Section 21 of Motor Transport Workers Act, 1961: No child shall be required or allowed to work in any capacity in any motor transport undertaking. Cont

conclusion
The child has the right to live, develop, and enjoy his life. Lets not force child to work let this innocent child grow in his own way. Together lets eradicate the child labour. Together we can give life to a child. Every child will learn not earn.

THANK YOU

Bibliography
1. Industrial relation and labour law By, C. S Srivastava 2. Internet