Objective, Scope & Application - Child Labour Act(1986), Industrial Laws

the child labor prohibition and
Regulation Act 1986 dear friends if I
say child is a future not only of his
family but also of a nation do you agree
with me I hope you agree with this
statement but it's very unfortunate to
say that children who are innocent and
our nation's future has been subjected
to exploitation inhuman treatment and
abuse in our country from time to time
various enactments have been made such
as the protection of children from
Sexual Offences Act in 2012 the
Commission for protection of child
Rights Act in 2005 the prohibition of
child marriage Act 2006 and many more to
make the life better for children now
the question arises is are children free
from exploitation what do you think the
answer you find is no still the children
especially from the poor and uneducated
families are still exploited in the form
of bonded labor or in many other
employments or in various other ways
some of you might even seen the child
who are employed in factories roadside
dhabas restaurant motor car workshops
but if you see on the other side even
the government cannot completely abolish
child employment as there a huge number
of poor families in India who are in
situation like if everyone in the family
works then only that day's hunger could
be satisfied it's more like a
hand-to-mouth living situation for them
in view of this the child labor
prohibition and Prevention Act outlines
occupation and processes in which
children may work and which are
prohibited applicability of the Act this
act extends to the whole of India and
contains four parts and one schedule the
schedule is further made into two parts
a and B part a contains lists of
prohibited occupation and party lists
prohibited processes note this
restriction of prohibition is not
applicable if in any workshop or any
process is carried on by the occupier
with the aid of his family or to any
school which maintained or recognized by
government object of the act the basic
objective of the child labor prohibition
and Regulation Act 1986 is to prohibit
the engagement of children in certain
employments and to regulate the
conditions of whack in certain other
employments
the objective of the ACT can be
summarized as to ban the employment of
children in specified occupations and
processes to lay down a procedure to
decide modification or addition to the
schedule of banned occupations and
processes to regulate the conditions of
work of children in employment where
they are not prohibited from working to
lay down enhanced penalties if any
provisions of this act is violated
penalties could be imprisonment the
child labor Technical Advisory Committee
central government has been empowered to
add any occupation or processes to the
schedule by giving at least three months
notice to add or modify any occupation
or process central government is
assisted by an advisory committee called
the child labor Technical Advisory
Committee in case if required this
committee advises the central government
to add or modify any occupation or
processes to the schedule the committee
shall consist of a chairman and other
members limited to ten
if necessary the Advisory Committee can
appoint one or more subcommittees if
required any person may be hired who is
not a member of the advisory committee
central government prescribed the manner
of filing casual vacancies allowance
terms of office and appointment of
people who are required for assistance
regulation of conditions of work of
children hours and period of work no
child should be permitted to work for
more three hours in continuous and
maximum of six hours with one hour rest
the period of work of a child should
include his interval for rest the total
six hours of work compromises three
hours plus one hour rest plus two hours
no child should be permitted to work
between 7:00 p.m. and 8:00 a.m. no child
should be allowed to work overtime
double employment of child is banned
weekly holidays every child worker
should be allowed one day holiday in
each week
such holiday of a child worker should be
specified by the occupier in a notice
permanently exhibited in a visible place
in the establishment
specified holidays for child worker
should not be altered by the occupier
more than once in three months health
and safety the appropriate government
can make rules for health and safety of
a child employed to work in any
establishment by giving notification in
the Official Gazette the appropriate
government is empowered to make rules in
matters such as cleanliness disposal of
wastes dust lighting precaution against
fire protection of eyes spittoons and
ventilations etc now we shall look into
prohibited occupations and process
listed in schedule of the Act Part A
prohibited occupations occupations
listed in Part A of schedule 1 are
prohibited occupations some of the
occupations listed are transport of
passengers or goods in building
operation in the railway premise work in
a catering establishment at a railway
station involving the movement into or
out of a moving train work relating to
the construction of railway station or
with any other work which is in close
proximity to the railway lines the Port
Authority within the limits of any port
selling of crackers and fireworks
slaughterhouses
automobile workshops and garages
handling of inflammable substance or
explosives handloom industry mines
plastic units and fiberglass workshop
dar bars restaurants hotels motels tea
shops results sparse or other
recreational centers diving circus
caring of elephants part be prohibited
processes process included in Part B of
schedule one are prohibited process some
of the processes mentioned in part b r
BD making carpet weaving cement
manufacture including bagging of cement
cloth printing dyeing and weaving
manufacture of matches explosive and
fireworks mica mica cutting and
splinting soap manufacture wool cleaning
building and construction industry
manufacture of slate pencils including
packing manufacturing processes using
toxic metals and substances such as lead
mercury manganese chromium cadmium
benzene pesticides and asbestos
all hazardous process and dangerous
operations as notified in the factories
act 1948 in a famous case law of MC
Mehta vs. state of Tamil Nadu it was
held that children can be employed in
the process of packing provided packing
should be carried away in a place which
is away from the place of manufacturing
to avoid exposure of accident punishment
for violating the provisions of the Act
for violating any provision of the Act
the person responsible is punished
either by imprisonment or fine or with
both imprisonment for first-time
imprisonment may range from three months
to one year for person violating the
rules repeatedly imprisonment may range
from six months to two years
fine ranging between 10,000 to 20,000 or
with both
we're to make complaint any person can
make a complaint for the Commission for
any offence under this act all offences
under this act are tried by a court not
inferior to that of a Metropolitan
Magistrate or a magistrate of
first-class definitions definition one
appropriate government in relation to
establishments which are under the
control of central government such as
railway administration major port mine
or oil field the central government
would be appropriate government whereas
in all other cases the state government
is considered as appropriate government
definition to child child means a person
who has not completed his fourteen years
of age definition three day day means a
period of 24 hours beginning at midnight
definition for week as you all known the
week consists period of seven days in
this act week begins at midnight on
Saturday or any other day's night if
approved in writing for a particular
area by the inspector definition five
establishment establishment includes a
shop
commercial establishment workshop farm
residential hotel eating house theater
or other place of public amusement or
entertainment definition six family
family in relation to an occupier means
himself his / her spouse their children
brothers and sisters definition 7
occupier occupier is the person who has
the ultimate control over the affairs of
the establishment or workshop definition
eight workshop workshop is the premises
including the precincts where the
industrial process is carried on summary
1 the basic objective of the child labor
prohibition and Regulation Act 1986 is
to prohibit the engagement of children
in certain employments and to regulate
the conditions of work or children in
certain other employment 2 part 2 of the
Act prohibits employment of children in
the occupations set forth in Part A and
in processes set forth in Part B of the
schedule 3 no child should work for more
than three hours before he has had an
interval for rest or at least one hour
for the double employment of a child is
banned five the appropriate government
may buy notifications 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
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