Background
The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 and its subsequent Rules, 1988 were enacted to address the exploitation of children and adolescents in the workforce. Originally focused on regulating child labour in certain occupations and processes, the legislation was amended in 2016 to widen its scope by completely prohibiting employment of children below 14 years in all occupations, while allowing adolescents (14–18 years) to work only in non-hazardous industries. The Rules, 1988, provide detailed procedures, forms, working conditions, registers, notices, health and safety measures, and compliance requirements for employers, ensuring effective enforcement of the Act.
Applicability
The Act applies to:
Compliance requirements under the Act in accordance with the Rules
1. Prohibition of employment of children in any occupations and processes in Delhi
(Section 3, Rule 2B, 2C of The Child and Adolescent Labour (Prohibition and Regulation) Rules, 1988)
No child shall be employed or permitted to work in any occupation or process.
2. Prohibition of employment of adolescents in certain hazardous occupations and process in Delhi (Section 3A)
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.
3.Certificate of age (Form B) in Delhi (Section 10, Rule 17 of The Child and Adolescent Labour (Prohibition and Regulation) Rules, 1988)
Where an adolescent is in any employment in any of the occupations in which he is prohibited to be employed under section 3A of the Act, employer may be required to produce a certificate of age whenever asked for by an Inspector.
4. Hours and period of work for adolescent in Delhi (Section 7, Rule 15A of The Child and Adolescent Labour (Prohibition and Regulation) Rules, 1988)
5. Weekly holidays of adolescent in Delhi (Section 8)
An adolescent to be allowed holiday once a week and that day shall be specified in a Notice exhibited in the establishment and should not be altered more than once in 3 months.
6. Notice to inspector on employment of adolescent in Delhi (Section 9)
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.
7. Maintenance of register (Form A) in Delhi (Section 11, Rule 16 of The Child and Adolescent Labour (Prohibition and Regulation) Rules, 1988)
Every occupier to maintain a register w.r.t adolescents employed in Form A. Such register to be kept open for inspection by an Inspector at all times during working hours or when work is being carried on in any such establishment. Register to be maintained on an yearly basis and retained by the employer for a period of three years after the date of the last entry made therein.
Every occupier to maintain a register w.r.t adolescents employed showing:
(a) the name and date of birth of every adolescent so employed or permitted to work;
(b) hours and periods of work of any such adolescent and the intervals of rest to which he is entitled;
(c) the nature of work of any such adolescent; and
(d) such other particulars as may be prescribed.
8. Display of notice containing abstract of sections 3A and 14 in Delhi (Section 12)
Every railway administration, every port authority and every occupier shall display at every station/ railway/ within limits of a port or at the place of work, a notice in the local language and in the English language containing an abstract of sections 3 and 14.
9. Health and safety provisions in Delhi (Section 13)
Health and safety provisions as notified by Government from time-to-time shall be followed.
Penalty & Punishment
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
Conclusion
The Child and Adolescent Labour (Prohibition and Regulation) Rules, 1988 play a critical role in protecting vulnerable groups from economic exploitation, hazardous working conditions, and denial of education. They not only mandate strict compliance from employers but also promote the welfare and development of children and adolescents in line with constitutional guarantees under Article 24 and international commitments like the ILO conventions. For employers, adherence to these Rules is both a legal obligation and a social responsibility, ensuring workplaces are free from exploitative child labour practices.
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