Abstract of Child and Adolescent Labour Prohibition and Regulation Act 1986 Karnataka
Abstract of Child and Adolescent Labour Prohibition and Regulation Act 1986 Karnataka
(1) The appropriate government may, by notification in the Official Gazette, 14B. Child and Adolescent Labour Rehabilitation Fund
make rules for the health and safety of the adolescents employed or (1) The appropriate Government shall constitute a Fund in every district or for
permitted to work in any establishment or class of establishments. two or more districts to be called the Child and Adolescent Labour
(2) Without prejudice to the generality of the foregoing provisions, the said Rehabilitation Fund to which the amount of the fine realized from the
rules may provide for all or any of the following matters, namely: employer of the child and adolescent, within the jurisdiction of such district
or districts, shall be credited.
(a) Cleanliness in the place of work and its freedom from nuisance;
(2) The appropriate Government shall credit an amount of fifteen thousand
(b) disposal of wastes and effluents; rupees to the Fund for each child or adolescent for whom the fine amount
(c) ventilation and temperature; has been credited under sub-section (1).
(d) dust and fume; (3) The amount credited to the Fund under sub-sections (1) and (2) shall be
deposited in such banks or invested in such manner, as the appropriate
(e) artificial humidification; Government may decide.
(f) lighting; (4) The amount deposited or invested, as the case may be under sub-section
(g) drinking water; (3), and the interest accrued on it, shall be paid to the child or adolescent in
whose favour such amount is credited, in such manner as may be
(h) latrine and urinals; prescribed.
(i) spittoons; Explanation: — For the purposes of appropriate Government, the Central
(j) fencing of machinery; Government shall include the Administrator or the Lieutenant Governor of a Union
territory under article 239A of the Constitution.
(k) work at or near machinery in motion;
14C. Rehabilitation of rescued child or adolescent
(l) employment of children on dangerous machines;
The child or adolescent, who is employed in contravention of the provisions of this
(m) instructions, training and supervision in relation to employment of Act and rescued, shall be rehabilitated in accordance with the laws for the time
children on dangerous machines; being in force.
(n) device for cutting off power; 14D. Compounding of offences
(o) self–acting machines; (1) Notwithstanding anything contained in the Code of Criminal Procedure,
(p) easing of new machinery; 1973, the District Magistrate may, on the application of the accused person,
compound any offence committed for the first time by him, under sub-
(q) floor, stairs and means of access; section (3) of section 14 or any offence committed by an accused person
(r) pits, sumps, openings in floors, etc. being parent or a guardian, in such manner and on payment of such amount
to the appropriate Government, as may be prescribed.
(s) Excessive weights;
(2) If the accused fails to pay such amount for composition of the offence, then,
(t) Protection of eyes; the proceedings shall be continued against such person in accordance with
(u) Explosive or inflammable dust, gas etc; the provisions of this Act.
(v) Precautions in case of fire; (3) Where any offence is compounded before the institution of any
prosecution, no prosecution shall be instituted in relation to such offence,
(w) Maintenance of buildings, and
against the offender in relation to whom the offence is so compounded.
(x) Safety of buildings and machinery. (4) Where the composition of any offence is made after the institution of any
PART IV prosecution, such composition shall be brought in writing, to the notice of
the Court in which the prosecution is pending and on the approval of the
MISCELLANEOUS
composition of the offence being given, the person against whom the made or issued, before each House of Parliament, while it is in session for a
offence is so compounded, shall be discharged. 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
15. Modified application of certain laws in relation to penalties
immediately following the session or the successive sessions aforesaid, both
(1) Where any person is found guilty and convicted of contravention of any of Houses agree in making any modification in the rule or notification or both
the provisions mentioned in sub-section (2), he shall be liable to penalties Houses agree that the rule or notification should not be made or issued, the
provided in sub-sections (1) and (2) of section 14 of this Act and not under rule or notification shall thereafter have effect only in such modified form or
the Acts in which those provisions are contained. to 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
(2) The provisions referred to in sub-section (1) are the provisions mentioned
anything previously done under that rule or notification.
below:
(2) Every rule made by a State Government under this Act shall be laid as soon
(a) section 67 of the Factories Act, 1948 (63 of 1948);
as may be after it is made, before the Legislature of that State.
(b) section 40 of Mines Act, 1952 (35 of 1952);
20. Certain other provisions of law not barred
(c) section 109 of Merchant Shipping Act, 1958 (44 of 1958); and
Subject to the provisions contained in section 15, the provisions of this Act and the
(d) section 21 of the Motor Transport Workers Act, 1961 (27 of 1961). rules made thereunder shall be in addition to, and not in derogation of, the
provisions of the Factories Act, 1948, the Plantation Labour Act, 1951 and the
16. Procedure relating to offences
Mines Act, 1952.
(1) Any person, police officer or Inspector may file a compliant of the
21. Power to remove difficulties
commission of an offence under this Act in any court of competent
jurisdiction. (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
(2) Every certificate as to the age of a child which has been granted by a
such provisions not inconsistent with the provisions of this Act as appear to
prescribed medical authority shall, for the purposes of this Act, be
it to be necessary or expedient for removal of the difficulty:
conclusive evidence as to the age of the child to whom it relates.
PROVIDED that no such order shall be made after the expiry of a period of three
(3) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the
years from the date on which this Act receives the assent of the President.
first class shall try any offence under this Act.
(2) Every order made under this section shall, as soon as may be after it is
17. Appointment of Inspectors
made, be laid before the Houses of Parliament.
The appropriate government may appoint Inspectors for the purposes of securing
22. Repeal and saving
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 (1) The Employment of CHILDREN Act, 1938 (26 of 1938) is hereby repealed.
1860).
(2) Notwithstanding such repeal, anything done or any action taken or
17A. District Magistrate to implement the provisions 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
The appropriate Government may confer such powers and impose such duties on a
have been done or taken under the corresponding provisions of this Act.
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 23. Amendment of Act 11 of 1948
to him, who shall exercise all or any of the powers, and perform all or any of the
In section 2 of the Minimum Wages Act, 1948:
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. (i) for clause (a), the following clauses shall be substituted, namely:
17B. Inspection and monitoring (a) "adolescent" means a person who has completed his fourteenth year
of age but has not completed his eighteenth year;
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 (aa) "adult" means a person who has completed his eighteenth year of
occupations or processes are carried out at such intervals as it thinks fit, and age;
monitor the issues, relating to the provisions of this Act.
(ii) after clause (b), the following clause shall be inserted, namely:
18. Power to make rules
(bb) "child" means a person who has not completed his fourteenth year of
(1) The appropriate government may, by notification in the Official Gazette and age;
subject to the condition of previous publication, make rules for carrying into
24. Amendment of Act 69 of 1951
effect the provisions of this Act.
In the Plantations Labour Act, 1951,
(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: (a) in section 2, in clauses (a) and (c), for the word "fifteenth", the word
"fourteenth" shall be substituted;
(a) the conditions and the safety measures under clause (b) of sub-
section (2) and other activities under clause (b) to Explanation of sub- (b) section 24 shall be omitted;
section (2) of section 3;
(c) in section 26, in the opening portion, the words "who has completed his
(b) the term of office of, the manner of filling casual vacancies of, and twelfth year" shall be omitted.
the allowances payable to, the Chairman and members of the
25. Amendment of Act 44 of 1958
Technical Advisory Committee and the conditions and restrictions
subject to which a non-member may be appointed to a sub- In the Merchant Shipping Act, 1958, in section 109, for the word "fifteen" the word
committee under sub-section (5) of section 5; "fourteen" shall be substituted.
(c) number of hours for which a adolescent may be required or 26. Amendment of Act 27 of 1961
permitted to work under sub-section (1) of section 7;
In the Motor Transport Workers Act, 1961, in section 2, in clauses (A) and (c), for
(d) grant of certificates of age in respect of young persons in the word "fifteenth", the word "fourteenth" shall be substituted.
employment or seeking employment, the medical authorities which
SCHEDULE
may issue such certificate, the form of such certificate, the charges
which may be made thereunder and the manner in which such [Section 3]
certificate may be issued.
PART A
PROVIDED that no charge shall be made for the issue of any such certificate if the
OCCUPATIONS
application is accompanied by evidence of age deemed satisfactory by the
authority concerned, Any occupation connected with-
(e) the other particulars which a register maintained under section 11 (1) Transport of passengers, goods or mails by railway,-
should contain.
(2) Cinder picking, clearing of an ash pit or building operation in the railway
(f) the manner of payment of amount to the child or adolescent under premises;
sub-section (4) of section 14B;
(3) Work in a catering establishment at a railway station, involving the movement of
(g) the manner of composition of the offence and payment of amount to a vendor or any other employee of the establishment from one platform to another or
the appropriate Government under sub-section (1) of section 14D; into or out of a moving train;
(h) the powers to be exercised and the duties to be performed by the (4) Work relating to the construction of a railway station or with any other work
officer specified and the local limits within which such powers or where such work is done in close proximity to or between the railway lines;
duties shall be carried out under section 17A.
(5) A port authority within the limits of any port;
19. Rules and notifications to be laid before Parliament or State Legislature
(6) Work relating to selling of crackers and fire works in shops with temporary
(1) Every rule made under this Act by the Central Government and every licences.
notification issued under section 4, shall be laid, as soon as may be after it is
(7) Abattoirs/ slaughterhouses (39) Oil expelling and refinery.
(8) Bidi-making. (40) Paper making.
(9) Carpet weaving. (41) Potteries and ceramic industry.
(10) Cement manufacture, including bagging of cement. (42) Polishing, moulding, cutting, welding and manufacturing of brass goods in all
forms.
(11) Cloth printing, dying and weaving.
(43) Processes in agriculture where tractors, threshing and harvesting machines are
(12) Manufacture of matches, explosives and fire works.
used and chaff cutting.
(13) Mica cutting and splitting.
(44) Saw mill – all processes.
(14) Shellac manufacture.
(45) Sericulture processing.
(15) Soap manufacture.
(46) Skinning, dyeing and processes for manufacturing of leather and leather
(16) Tanning. products.
(17) Wool cleaning. (47) Stone breaking and stone crushing.
(18) Building and construction industry. (48) Tobacco processing including manufacturing of tobacco, tobacco paste and
handling of tobacco in any form.
PART B
(49) Tyre making, repairing, re-treading and graphite beneficiation.
PROCESSES
(50) Utensils making, polishing and metal buffing.
(1) Beedi-making.
(51) ‘Zari’ making (all processes)’.
(2) Carpet weaving including preparatory and incidental process thereof
(52) Electroplating;
(3) Cement manufacture, including bagging of cement.
(53) Graphite powdering and incidental processing;
(4) Cloth printing, dying and weaving including processes preparatory and incidental
thereto. (54) Grinding or glazing of metals;
(5) Manufacture of matches, explosives and fire works. (55) Diamond cutting and polishing;
(6) Mica cutting and splitting. (56) Extraction of slate from mines;
(7) Shellac manufacture. (57) Rag picking and scavenging;
(8) Soap manufacture. (58) Processes involving exposure to excessive heat (e.g. working near furnace) and
cold;
(9) Tanning.
(59) Mechanized fishing;
(10) Wool cleaning.
(60) Food Processing;
(11) Building and construction industry including processing and polishing of granite
stones. (61) Beverage Industry;
(12) Manufacture of slate pencils (including packing). (62) Timber handling and loading;
(13) Manufacture of products from agate. (63) Mechanical Lumbering;
(14) Manufacturing processes using toxic metals and substances such as lead, (64) Warehousing;
mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos.
(65) Processes involving exposure to free silica such as slate, pencil industry, stone
(15) “Hazardous processes” as defined in Sec. 2 (cb) and ‘dangerous Operation’ as grinding, slate stone mining, stone quarries, and agate industry.
notice in rules made under section 87 of the Factories Act, 1948 (63 of 1948)
(16) Printing as defined in Section 2(k) (iv) of the Factories Act, 1948 (63 of 1948)
(17) Cashew and cashew nut decaling and processing.
(18) 18. Soldering processes in electronic industries.
(19) Aggarbatti’ manufacturing.
(20) Automobile repairs and maintenance including processes incidental thereto
namely, welding, lathe work, dent beating and painting.
(21) Brick kilns and Roof tiles units.
(22) Cotton ginning and processing and production of hosiery goods.
(23) Detergent manufacturing.
(24) Fabrication workshops (ferrous and non ferrous)
(25) Gem cutting and polishing.
(26) Handling of chromites and manganese ores.
(27) Jute textile manufacture and coir making.
(28) Lime Kilns and Manufacture of Lime.
(29) Lock Making.
(30) Manufacturing processes having exposure to lead such as primary and secondary
smelting, welding and cutting of lead-painted metal constructions, welding of galvanized
or zinc silicate, polyvinyl chloride, mixing (by hand) of crystal glass mass, sanding or
scraping of lead paint, burning of lead in enamelling workshops, lead mining, plumbing,
cable making, wiring patenting, lead casting, type founding in printing shops. Store
typesetting, assembling of cars, shot making and lead glass blowing.
(31) Manufacture of cement pipes, cement products and other related work.
(32) Manufacture of glass, glass ware including bangles, florescent tubes, bulbs and
other similar glass products.
(33) Manufacture of dyes and dye stuff.
(34) Manufacturing or handling of pesticides and insecticides.
(35) Manufacturing or processing and handling of corrosive and toxic substances,
metal cleaning and photo engraving and soldering processes in electronic industry.
(36) Manufacturing of burning coal and coal briquettes.
(37) Manufacturing of sports goods involving exposure to synthetic materials,
chemicals and leather.
(38) Moulding and processing of fiberglass and plastic.