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Child Labour (Prohibition & Regulation)Act,1986. Child Labour (Prohibition & Regulation)Act,1986.
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Child Labour (Prohibition & Regulation)Act,1986 In India,a beginning in the regulation of child labour was made in 1881 when the Indian factories Act of that year prohibited the employment of children under 7 years of age in factories and fixed their maximum hours of work at 9 in a day. A series of factories Acts that were subsequently enacted gradually raised the minimum age of employment to 14 years, and progressively lowered their daily & weekly hours of work
Prior to the enactment of Child Labour Act,1986,Labour laws dealing exclusively with child labour have been: • CHILDREN(PLEDGING OF LABOUR)ACT,1933 • EMPLOYMENT OF CHILDREN ACT,1938 • ILO’S CONVENTIONS & RECOMMENDATIONS • PROVISIONS OF CONSTITUTIONS • NATIONAL POLICY FOR CHILDREN,1974 • COMMITTE ON CHILD LABOUR(GURUPADSWAMY COMMITTEE) • ENACTMENT OF THE CHILD LABOUR (PROHIBITION & REGULATION)ACT,1986
Some Important Definitions • Child ‘ Child 'means a person who has not complete his fourteenth year of age. • Establishment ‘Establishment’ includes a shop, commercial establishment,workshop,farm,residential hotel,restaurent,eating house, theatre or other place of public amusement or entertainment. • Workshop ‘ workshop’ means any industrial process is carried on, but does not include any premises to which the provisions of the factories act,1948 relating to prohibition of employment of children. • Appropriate government ‘Appropriate government’ means in relation to an establishment under the control of central government & railway administration or a major port or a mine or oilfield the central govt & in all other cases, the state govt.
Child Labour (Prohibition & Regulation)Act,1986 • Objectives The statements of objects & reasons of the bill reads: • There are a no. Of act which prohibit the employment of children below 14 years. However there is no procedure laid down in any law for deciding in which employment should be banned. • This Bill intends to- • Ban the employment of children, that is those who have not completed their fourteenth year, in specified occupations & process. • Lay down a procedure to decide modifications to the schedule of banned occupations or from working • Regulate the conditions of work of children in employments where they are not prohibited from working. • To obtained uniformity in the definition of ‘Child’ in the related laws 3 The bills seeks to achieve the above objectives.
Child Labour Advisory Committee The central government is required to constitute the child labour technical committee to advise it for the purpose of addition of occupations & processes to the schedule of the Act. The Committee is to consist of a chairman & more than 10 other members appointed by the central govt.
Regulation Of Conditions of Work of Children • Hours & Period Of Work- No child is to be required or permitted to work in any establishment in excess of the number of hours prescribed under the Rules. The period of work on each day should be so fixed that no period exceeds 3 hours & that no child works for more than 3 hours before he has had an interval for rest of at least one hour. • Weekly holiday- Every child in establishment is to be allowed in each week a holiday of one whole day. • Notice to Inspector- The occupier of the establishment in which a child was employed immediately before the commencement of the Act is required to send to send to the inspector of the area a written notice containing the following particulars within 30 days of the commencement of Act: • The name & situation of the establishment; • (ii)The name of person in actual management of the establishment; • The address for communication • The nature of the occupation or process carried on in the establishment
Regulation Of Conditions of Work of Children • Disputes as to Age- If dispute arises b/w an inspector and an occupier regarding the age of a child, it will be referred by the inspector For a decision to the medical authority prescribed under the rules. • Health & Safety- • Display of Notice- Other Provisions Inspectors Penalties & Procedure Repeal & Amendment of Other Acts Power to Make Rules
Certain Subsequent Developments • National Policy on child labour,1987 • National Commission on Rural Labour,1991 • International Programme on eliminating of child labour.