The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
Administered Ministry: Ministry of Labour and Employment
Section
Section 16 Procedure relating to offences.
(1) Any person, police officer or Inspector may file a complaint of the commission of an offence under this Act in any court of competent jurisdiction.
(2) Every certificate as to the age of a child which has been granted by a prescribed medical authority shall, for the purposes of this Act, be conclusive evidence as to the age of the child to whom it relates.
(3) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Act.
(2) Every certificate as to the age of a child which has been granted by a prescribed medical authority shall, for the purposes of this Act, be conclusive evidence as to the age of the child to whom it relates.
(3) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Act.
Section 17 Appointment of Inspectors.
The appropriate Government may appoint Inspectors for the purposes of securing compliance with the provisions of this Act and any Inspector so appointed shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).
Section 17A District Magistrate to implement the provisions.
1[17A. District Magistrate to implement the provisions.--The appropriate Government may confer such powers and impose such duties on a District Magistrate as may be necessary, to ensure that the provisions of this Act are properly carried out and the District Magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer as may be prescribed.]
1. Ins. by Act 35 of 2016, s. 20 (w.e.f. 1-9-2016).
Section 17B Inspection and monitoring.
1[17B. Inspection and monitoring.--The appropriate Government shall make or cause to be made periodic inspection of the places at which the employment of children is prohibited and hazardous occupations or processes are carried out at such intervals as it thinks fit, and monitor the issues, relating to the provisions of this Act.]
1. Ins. by Act 35 of 2016, s. 20 (w.e.f. 1-9-2016).
Section 18 Power to make rules.
(1) The appropriate Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
1[(a) the conditions and the safety measures under clause (b) of sub-section (2) and other activities under clause (b) to Explanation of sub-section (2) of section 3;]
2[(b)] the term of office of, the manner of filling casual vacancies of, and the allowances payable to, the Chairman and members of the 3[Technical Advisory Committee] and the conditions and restrictions subject to which a non-member may be appointed to a sub-committee under sub-section (5) of section 5;
4[(c)] number of hours for which a child may be required or permitted to work under sub-section (1) of section 7;
5[(d)] grant of certificates of age in respect of young persons in employment or seeking employment, the medical authorities which may issue such certificate, the form of such certificate, the charges which may be made thereunder and the manner in which such certificate may be issued:
Provided that no charge shall be made for the issue of any such certificate if the application is accompanied by evidence of age deemed satisfactory by the authority concerned;
6[(e)] the other particulars which a register maintained under section 11 should contain.
7[(f) the manner of payment of amount to the child or adolescent under sub-section (4) of section 14B;
(g) the manner of composition of the offence and payment of amount to the appropriate Government under sub-section (1) of section section 14D;
(h) the powers to be exercised and the duties to be performed by the officer specified and the local limits within which such powers or duties shall be carried out under section 17A.]
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
1[(a) the conditions and the safety measures under clause (b) of sub-section (2) and other activities under clause (b) to Explanation of sub-section (2) of section 3;]
2[(b)] the term of office of, the manner of filling casual vacancies of, and the allowances payable to, the Chairman and members of the 3[Technical Advisory Committee] and the conditions and restrictions subject to which a non-member may be appointed to a sub-committee under sub-section (5) of section 5;
4[(c)] number of hours for which a child may be required or permitted to work under sub-section (1) of section 7;
5[(d)] grant of certificates of age in respect of young persons in employment or seeking employment, the medical authorities which may issue such certificate, the form of such certificate, the charges which may be made thereunder and the manner in which such certificate may be issued:
Provided that no charge shall be made for the issue of any such certificate if the application is accompanied by evidence of age deemed satisfactory by the authority concerned;
6[(e)] the other particulars which a register maintained under section 11 should contain.
7[(f) the manner of payment of amount to the child or adolescent under sub-section (4) of section 14B;
(g) the manner of composition of the offence and payment of amount to the appropriate Government under sub-section (1) of section section 14D;
(h) the powers to be exercised and the duties to be performed by the officer specified and the local limits within which such powers or duties shall be carried out under section 17A.]
1. Ins. by s. 21, ibid. (w.e.f. 1-9-2016).
2. Clause (a) relettered as clause (b) thereof by s. 21, ibid. (w.e.f 1-9-2016).
3. Subs. by s. 21, ibid., for "Child Labour Technical Advisory Committee" (w.e.f. 1-9-2016).
4. Clause (b) relettered as clause (c) thereof by s. 21, ibid. (w.e.f. 1-9-2016).
5. Clause (c) relettered as clause (d) thereof by s. 21, ibid. (w.e.f. 1-9-2016).
6. Clause (d) relettered as clause (e) thereof by s. 21, ibid. (w.e.f. 1-9-2016).
7. Ins. by Act 35 of 2016, s. 21 (w.e.f. 1-9-2016).
2. Clause (a) relettered as clause (b) thereof by s. 21, ibid. (w.e.f 1-9-2016).
3. Subs. by s. 21, ibid., for "Child Labour Technical Advisory Committee" (w.e.f. 1-9-2016).
4. Clause (b) relettered as clause (c) thereof by s. 21, ibid. (w.e.f. 1-9-2016).
5. Clause (c) relettered as clause (d) thereof by s. 21, ibid. (w.e.f. 1-9-2016).
6. Clause (d) relettered as clause (e) thereof by s. 21, ibid. (w.e.f. 1-9-2016).
7. Ins. by Act 35 of 2016, s. 21 (w.e.f. 1-9-2016).
Section 19 Rules and notifications to be laid before Parliament or State legislature.
(1) Every rule made under this Act by the Central Government and every notification issued under section 4, shall be laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.
(2) Every rule made by a State Government under this Act shall be laid as soon as may be after it is made, before the legislature of that State.
(2) Every rule made by a State Government under this Act shall be laid as soon as may be after it is made, before the legislature of that State.
Section 20 Certain other provisions of law not barred.
Subject to the provisions contained in section 15, the provisions of this Act and the rules made thereunder shall be in addition to, and not in derogation of, the provisions of the Factories Act, 1948 (63 of 1948), the Plantations Labour Act, 1951 (69 of 1951) and the Mines Act, 1952 (35 of 1952).
Section 21 Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty:
Provided that no such order shall be made after the expiry of a period of three years from the date on which this Act receives the assent of the President.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before the Houses of Parliament.
Provided that no such order shall be made after the expiry of a period of three years from the date on which this Act receives the assent of the President.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before the Houses of Parliament.
Section 22 Repeal and savings.
(1) The Employment of Children Act, 1938 (26 of 1938) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.
(2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.
Section 23 to 26 Repealed.
[ Sections 23 to 26.]--Rep. by the Repealing and Amending Act, 2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001).