To provide the bare text and a short practical introduction to the Child Labour (Prohibition and Regulation) Act, 1986, now titled the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 after amendment.
Overview #
The Child Labour (Prohibition and Regulation) Act, 1986 is a central labour welfare statute dealing with employment of children and adolescents in India. The Act was originally framed to prohibit child labour in specified occupations and processes and to regulate working conditions where child work was not prohibited. After later amendment, the statutory focus is broader: it prohibits engagement of children in all occupations and processes, while separately prohibiting employment of adolescents in hazardous occupations and processes.
The bare Act is relevant for employers, shops and commercial establishments, workshops, factories-related compliance teams, labour law practitioners, legal researchers, child rights organisations and public authorities. It is also practically important for healthcare, pharmacy, hospital, clinic, laboratory, warehouse and retail businesses because the definition of establishment is wide and includes shops, commercial establishments, workshops, restaurants and other workplaces.
Object of the legislation #
Object of the legislation: the Act seeks to prevent economic exploitation of children and to ensure that a child’s education, health, safety and development are not compromised by employment. Its amended long title states the object as prohibiting the engagement of children in all occupations and prohibiting the engagement of adolescents in hazardous occupations and processes, together with connected and incidental matters.
The Act also creates an enforcement structure through inspectors, notices, registers, health and safety requirements, penalties and offence procedure. It operates alongside other labour and child protection laws and does not exclude more protective provisions available under other statutes.
Scope and relevance #
Scope: the Act extends to the whole of India. It defines a child as a person who has not completed fourteen years of age or such age as may be specified under the Right of Children to Free and Compulsory Education Act, 2009, whichever is more. It defines an adolescent as a person who has completed fourteen years but has not completed eighteen years.
Practical relevance: Section 3 prohibits employment or permission to work of a child in any occupation or process, subject to limited exceptions such as helping family or family enterprise after school hours or during vacations, and work as an artist in specified audio-visual entertainment or sports activities, subject to prescribed safeguards and without affecting school education. The Act also prohibits adolescents from being employed in hazardous occupations or processes listed in the Schedule.
For businesses, the Act is not limited to large factories. Its definition of establishment includes shops, commercial establishments, workshops, farms, residential hotels, restaurants, eating houses, theatres and other places of public amusement or entertainment. Compliance therefore matters for ordinary retail and service establishments as well as industrial workplaces.
Selected important provisions and themes #
- Section 1 states the short title, extent and commencement of the Act, including its application throughout India.
- Section 2 contains key definitions, including appropriate Government, child, adolescent, establishment, occupier, workshop and prescribed.
- Section 3 prohibits employment or permission to work of children in any occupation or process, with limited statutory exceptions for family enterprise and child artists subject to conditions.
- Section 3A prohibits employment or permission to work of adolescents in hazardous occupations and processes set out in the Schedule.
- Section 4 empowers the Central Government to amend the Schedule of hazardous occupations or processes after the required notification procedure.
- Sections 7 to 13 deal with regulatory compliance themes such as hours and period of work, weekly holidays, notice to Inspector, disputes as to age, registers, display of notice and health and safety.
- Section 14 prescribes penalties for contravention, while Sections 15 and 16 deal with modified application of certain penalty provisions and procedure relating to offences.
- Sections 17 and 18 provide for appointment of Inspectors and rule-making powers.
How to use this Bare Act #
- Use this page to read the statutory text before applying child or adolescent labour compliance requirements to any establishment.
- Check whether the person concerned is a child or an adolescent under Section 2, because the prohibitions differ for the two categories.
- For any workplace, first examine Section 3 and Section 3A, and then check the Schedule for hazardous occupations or processes.
- For shops, clinics, pharmacies, warehouses, laboratories and commercial establishments, verify local labour department rules, inspector requirements and registers in addition to the central Act.
- When advising on a dispute, prosecution or compliance audit, read the penalty, offence procedure and inspector provisions together with any current Central or State rules and notifications.
Related Bare Acts and statutes #
- Commissions for Protection of Child Rights Act, 2005
- Prohibition of Child Marriage Act, 2006
- Code on Wages, 2019
The uploaded PDF uses the amended title, Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, but users should verify the latest amendments, rules, notifications and the current Schedule of hazardous occupations/processes before relying on the text for compliance, litigation or advisory work.
