Background
The Child and Adolescent Labour (Prohibition and Regulation) (Karnataka) Rules, 1998, framed as per the power conferred under section 18 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, to establish a structured legal framework to eliminate child labour and protect the rights of adolescents in the workplace across Karnataka. The rules strictly prohibit the engagement of children in all occupations and also prohibit the engagement of adolescents in hazardous occupations and processes and the matters connected therewith or incidental thereto.
Here, “adolescent” means a person who has completed his fourteenth year of age but has not completed his eighteenth year and “child” means a person who has not completed his fourteenth year of age or such age as may be specified in the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), whichever is more.
Applicability
The provisions apply to all establishments within the State of Karnataka, including a shop, commercial establishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment.
Compliance Requirements under the Rules in Accordance with the Act
No child shall be employed or permitted to work in any occupation or process. This absolute prohibition ensures the removal of children from the labour market to enable access to education and healthy development.
Nothing in sub-section (1) shall apply where the child, —
(a) helps his family or family enterprise, which is other than any hazardous occupations or processes set forth in the Schedule, after his school hours or during vacations;
(b) works as an artist in an audio-visual entertainment industry, including advertisement, films, television serials or any such other entertainment or sports activities except the circus, subject to such conditions and safely measures, as may be prescribed: Provided that no such work under this clause shall effect the school education of the Child.
No adolescent shall be employed or permitted to work in any hazardous occupation or process listed in the Schedule. This includes work involving toxic substances, high-risk machinery, and processes detrimental to physical or mental health.
No adolescent shall be required or permitted to work in an establishment in excess of such number of hours of work as is permissible under the law for the time being in force regulating the hours of work of the adolescent in such establishment.
Every adolescent employed in an establishment shall be allowed in each week, a holiday of one whole day, which day shall be specified by the occupier in a notice permanently exhibited in a conspicuous place in the establishment and the day so specified shall not be altered by the occupier more than once in three months.
Every occupier shall within a period of 30 days from employment of an adolescent send to the Inspector within whose local limits the establishment is situated, a written notice containing such particulars as prescribed.
(1) Every occupier of an establishment shall maintain a register in Form-A in respect of Adolescent employed or permitted to work.
(2) The register shall be maintained on a yearly basis, but shall be retained by the employer for a period of ten years after the date of the last entry made therein.
Every railway administration, every port authority and every occupier shall cause to be displayed in a conspicuous and accessible place at every station on its railway or within the limits of a port or at the place of work, as the case may be, a notice in the local language and in the English language containing an abstract of sections 3A and 14.
(b) No child shall be required or permitted to work in conditions which expose him or her to instances heat.
(c) Every child employed in an establishment shall be provided with adequate protective clothing, headgear, mask, gloves and spectacles as the nature of work may required.
(d) Every establishment which requires or permits children to remain in the premises during non-working hours shall be provided with adequate rest room facilities to such children.
(e) Every room, building or place where as a child is required to work shall be provided with proper ventilation and lighting.
Every establishment employing children must have a first aid box, clean and accessible latrines and urinals, and ensure proper lighting and ventilation. Children must be immunised, undergo annual medical check-ups, and have a fitness certificate (Form-C). Rooms, passages, and staircases must be lime or colour washed yearly or painted/varnished every seven years. Cleanliness must be maintained, and rubbish must be disposed of within 12 hours. Surroundings and common areas must be sanitary and well-lit. Buildings with more than one floor must have at least two stairways with handrails; smaller establishments may use alternate fire escapes with Inspector approval. Windows and doors to external staircases must open from inside. Smoking or using open flames near inflammable materials is strictly prohibited. Safe, easily accessible drinking water must be provided for all child workers.
(2) No Adolescent shall work on any machine declared to be dangerous unless he has been fully instructed as to the dangerous arising in connection with the machine and the precautions to be observed and has received sufficient training in work at the machine or is under adequate supervision under a person who was through knowledge and experience of the machine.
No adolescent shall be employed in any part of a factory where a cotton opener is in operation, due to the high risk of injury and exposure to airborne fibres.
(1) Where an Inspector has an apprehension that any child or adolescent has been employed in any of the occupation or processes in which he is prohibited to be employed under section 3 or 3A of the Act, as the case may be, he may require the employer of such child or adolescent to produce to the Inspector a certificate of age from the appropriate medical authority.
(2) The certificate of age referred to in sub-rule (1) shall be, in Form-B.
(3) The charges payable to the medical authority shall he-borne by the employer of the child or adolescent whose age is determined under this rule.
Penalty for Non-Compliance
Advantages of the Rules
These rules offer significant benefits, including the complete removal of children from hazardous work environments, the promotion of education for under-14s, and the assurance of safe and regulated working conditions for adolescents. By mandating rest days, limiting work hours, and enforcing health and safety standards, the rules improve overall workplace conditions, contributing to a healthier, better-educated workforce in the long term.
Implications for Employers
Employers must adopt stringent compliance mechanisms, including accurate record-keeping, timely notifications to inspectors, and regular safety assessments. Non-compliance can result in reputational damage, financial penalties, and legal action. The rules also require an ethical commitment to child rights and labour welfare, beyond mere statutory compliance.
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