The Child Labour (Prohibition And Regulation) Act, 1986

Main features of the directions of Supreme Court in their Judgment dated 10.12.96 -On 10th December 1996 in Writ Petition (Civil) No.465/1986 M.C.Mehta Vs State of Tamilnadu the Supreme Court of India, gave certain directions on the issue of elimination of child labour. The main features of judgment are as under: *  Survey for identification of working children; * Withdrawal of children working in hazardous industry and ensuring their education in appropriate institutions; * Contribution @ Rs.20,000/- per child to be paid by the offending employers of children to a welfare fund to be established for this purpose; * Employment to one adult member of the family of the child so withdrawn from work and it that is not possible a contribution of Rs.5,000/- to the welfare fund to be made by the State Government; * Financial assistance to the families of the children so withdrawn to be paid -out of the interest earnings on the corpus of Rs.20,000/25,000 deposited ...

The National Policy on Child Labour, August 1987 contains the action plan for tackling the problem of child labour. It envisages: 1. A legislative action plan 2. Focussing and convergence of general development programmes for benefiting children wherever possible, and 3. Project-based action plan of action for launching of projects for the welfare of working children in areas of high concentration of child labour. In pursuance of National Child Labour Policy,the NCLP Scheme was started in 1988 to rehabilitate child labour. The Scheme seeks to adopt a sequential approach with focus on rehabilitation of children working in hazardous occupations & processes in the first instance. Under the Scheme, after a survey of child labour engaged in hazardous occupations & processes has been conducted, children are to be withdrawn from these occupations & processes and then put into special schools in order to enable them to be mainstreamed into formal schooling system.  

Article21 A Right to Education The State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State, by law, may determine. Article 24 Prohibition of employment of children in factories, etc. No child below the age fourteen years shall be employed in work in any factory or mine or engaged in any other hazardous employment. Article 39 The State shall, in particular, direct its policy towards securing that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.

In exercise of the powers conferred by sub-section (1) of section 18 of the Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), the Central Government hereby makes the following rules, namely:- I. Short title and commencement. -(1) These rules may be called the Child Labour (Prohibition and Regulation) Rues, 1988. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions .-In these rules, unless the context otherwise requires,- (a) "Act" means the Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986); (b) "Committee" means the Child Labour Technical Advisory Committee constituted under sub-section (1) of section 3 of the Act; (c) "Chairman" means the Chairman of the Committee appointed under sub-section (2) of section 5 of the Act; (d) "Form" means a Form appended to these rules; (e) "register" means the register required to be maintained under section 11 of...

1. Short title, extent and commencement .—(1) This Act may be called the Child Labour (Prohibition and Regulation) Act, 1986. (2) It extends to the whole of India. (3) The provisions of this Act, other than Part III, shall came into force at once, and Part III shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States and for different classes of establishments. 2. Definitions. —In this Act, unless the context otherwise requires,— (i) “appropriate Government” means, in relation to an establishment under the control of the Central Government or a railway administration or a major port or a mine or oilfield, the Central Government, and in all other cases, the State Government; (ii) “child” means a person who has not completed his fourteenth year of age; (iii) “day” means a period of twenty-four hours beginning at mid-night; (iv) “establishment” includes a shop, comm...

Form – A [See rule 16(1)] Year....................... Name and address of employer.............................. Place of work.......................................................... Nature of work being done by the establishment..................................................................................... Sl No Name of Child Father’s Name Date of Birth Permanent Address Date of Joining the establishment Name of the work on which employed Daily hours of work Intervals of rest Wage paid Remarks 1 2 3 4 5 6 7 8 9 10 11