Himachal Pradesh Child Labour (Prohibition and Regulation) Rules, 1999

Background

The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 was enacted to prohibit the children in all occupations and to prohibit the engagement of adolescents in hazardous occupations and processes and the matters connected therewith or incidental thereto.

In exercise of the powers conferred by Section 18 of the Act, the Government of Himachal Pradesh framed these rules in 1999 to ensure proper implementation and monitoring of the Act at the state level.

Applicability

These rules are applicable to all the establishments which includes a shop, commercial establishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment as defined under the Act in the State of Himachal Pradesh.

Compliance requirement under the Rules in accordance with the Act

  1. Prohibition of employment of children in any occupations and processes in HP (Section 3, Rule 2A, 2B, 2C of Himachal Pradesh Child and Adolescent Labour (Prohibition and Regulation) Rules, 1999)

No child shall be employed or permitted to work in any occupation or process.

  1. Prohibition of employment of adolescents in certain hazardous occupations and process in HP (Section 3A, Rule 6 of Himachal Pradesh Child and Adolescent Labour (Prohibition and Regulation) Rules, 1999)

No adolescent shall be employed or permitted to work in any of the hazardous occupations or processes as specified in the Schedule to the Act.

  1. Certificate of age (Form B) in Himachal Pradesh (Section 10, Rule 5 of Himachal Pradesh Child and Adolescent Labour (Prohibition and Regulation) Rules, 1999)

Where an adolescent is in any employment in any of the occupations in which they are prohibited to be employed under Section 3A of the Act, the employer may be required to produce a certificate of age whenever asked for by an Inspector.

  1. Hours and period of work for adolescent in Himachal Pradesh (Section 7, Rule 3 of Himachal Pradesh Child and Adolescent Labour (Prohibition and Regulation) Rules, 1999)
  • The period of work should be as specified in the respective rules and must include rest on any day such that it should not exceed 3 hours at a time, with an interval of rest of 1 hour.
  • No adolescent shall be employed between 7 p.m. and 8 a.m.
  • Overtime is not permitted.
  • An adolescent should work only in one establishment on any given day.
  1. Weekly holidays to adolescent in Himachal Pradesh (Section 8)

An adolescent shall be allowed one holiday per week, and that day shall be specified in a notice exhibited in the establishment. The specified day should not be altered more than once in three months.

  1. Notice to inspector on employment of adolescent in Himachal Pradesh (Section 9)

Every employer must, within 30 days of employing an adolescent, send to the Inspector (within whose local limits the establishment is situated) a written notice containing the particulars as prescribed.

  1. Maintenance of register (Form A) in Himachal Pradesh (Section 11, Rule 4 of Himachal Pradesh Child and Adolescent Labour (Prohibition and Regulation) Rules, 1999)

Every occupier must maintain a register with respect to adolescents employed in Form A. This register should be kept open for inspection by an Inspector during working hours or when work is being carried on in the establishment. It must be maintained annually and retained by the employer for three years after the date of the last entry made therein.

  1. Display of notice containing abstract of sections 3A and 14 in Himachal Pradesh (Section 12)

Every railway administration, port authority, and occupier must display at every station, railway premises, port limits, or place of work, a notice in both the local language and English containing an abstract of sections 3A and 14 of the Act.

  1. Health and safety provisions in Himachal Pradesh (Section 13, Rule 8 of Himachal Pradesh Child and Adolescent Labour (Prohibition and Regulation) Rules, 1999)

(1) Every establishment shall be kept clean and free from effluvia arising from any drain, privy or other nuisance.

(2) Effective  provisions shall be made for maintaining healthy atmosphere in work room by providing the following facilities, namely:-

(a) Adequate ventilation for the circulation of fresh air: and

(b) Such room temperature as are required for the workers for reasonable conditions of comfort and prevention of injury to health keeping in view the climate conditions.
(3) Arrangements shall be made to provide a sufficient supply of wholesome drinking water.
(4) In every establishment sufficient latrines and urinals accommodations shall be provided.

Penalties & Punishments

  • Whoever employs any child in contravention of section 3 shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years, or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both. Parents or guardians of such children shall be punished if they permit such child for commercial purposes in  contravention of the act except first time
  • Whoever employs any adolescent in contravention of section 3 shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years, or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both. Parents or guardians of such adolescents shall be punished if they permit such adolescent for commercial purposes in  contravention of the act except first time

Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article. 

To stay updated Subscribe to our newsletter today

Explore other Legal updates on the 1-Comply and follow us on LinkedIn to stay updated 

Post Views: 25

Schedule A Demo