Background:
The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 was enacted to prohibit the engagement of children below 14 years of age in certain employments and to regulate the conditions of work of adolescents (14–18 years). The Act is a key piece of legislation to safeguard child rights, aligned with constitutional directives and international conventions, and has been amended over time to expand protection, including the complete ban on employment of children in all occupations and processes
Applicability:
The provisions of Gujarat Child and Adolescent Labour (Prohibition and Regulation) Rules, 1994 are applicable to all the establishments within the State of Gujarat, including a shop, commercial establishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment.
Compliance requirement under the Act in accordance with the Child and Adolescent Labour (Prohibition and Regulation) Rules, 1988
No child shall be employed or permitted to work in any occupation or process. A child may, however, help in a family enterprise (except hazardous occupations or processes listed in the Schedule) after school hours or during vacations, or work as an artist in the audio-visual entertainment industry such as advertisements, films, television serials, or sports activities (excluding circus), subject to prescribed safety conditions.
No adolescent shall be employed or permitted to work in hazardous occupations or processes as specified in the Schedule to the Act. However, the Central Government may, by notification, specify the nature of non-hazardous work where adolescents may be permitted to work under this Act.
Where an adolescent is employed in any occupation prohibited under Section 3A of the Act, the employer may be required to produce a Certificate of Age in Form B whenever demanded by an Inspector.
An adolescent’s work period shall not exceed 3 hours at a time with a mandatory rest interval of 1 hour. No adolescent shall work between 7 p.m. and 8 a.m., nor work overtime, and may only work in one establishment on any given day.
Every adolescent shall be allowed a weekly holiday. The holiday must be specified in a notice displayed in the establishment and may not be altered more than once in three months.
Every occupier shall maintain a register of adolescents employed in Form A, open for inspection during working hours. The register must show the name and date of birth of each adolescent, hours and periods of work with rest intervals, nature of work, and other prescribed particulars. It shall be maintained yearly and preserved for three years after the last entry.
Every railway administration, port authority, and occupier shall display at the workplace, station, or port a notice in local language and English containing an abstract of Sections 3A and 14 of the Act.
Employers must comply with health and safety provisions for adolescents as notified by the Government from time to time.
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 1 lakh 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 Act ensures protection of children and adolescents from economic exploitation and hazardous employment. Employers must comply with prohibitions, working condition regulations, and mandatory record-keeping to safeguard young workers’ rights. Non-compliance attracts stringent penalties, emphasizing the seriousness of protecting child and adolescent welfare in the workplace.
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