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1) When did The Child and Adolescent Labour (prohibition And Regulation) Act, 1986, come into force?

A) 23 December 1986
B) 29 JULY 2016
c) 1 September 2016
d) 9 September 2016

Answer: C 1 September 2016

2) Which section of The Child and Adolescent Labour (prohibition And Regulation) Act, 1986, deals with the Prohibition of employment of children in any occupations and processes?

A. Section 2
B. Section 3
C. Section 4
D. Section 10

Answer : B. Section 3

3) Which section of The Child and Adolescent Labour (prohibition And Regulation) Act, 1986, deals with the Prohibition of employment of adolescents in certain hazardous occupations and processes?

A. Section 2
B. Section 3
C. Section 3A
D. Section 4

Answer: C. Section 3A

4) Section 14 of the Child Labour (prohibition And Regulation) Act, 1986 deals with_______?
A. Penalties
B. Procedure relating to offences.
C. Power to make rules
D. Repeal and savings.

Answer : A. Penalties

5) Which section of the Child and Adolescent Labour (prohibition And Regulation) Act, 1986 deals with Hours and period of work ?
A. Section 5
B. Section 4
C. Section 7
D. Section 9

Answer : C. Section 7

6. Which section of the Child and Adolescent Labour (prohibition And Regulation) Act, 1986 deals with the Weekly holidays.. ?

A. Section 7
B. Section 8
C. Section 4
D. Section 5

Answer: B. Section 8

7.Which section of the Child and Adolescent Labour (prohibition And Regulation) Act, 1986 deals with the compounding of offence?

  • Section 7
  • Section 9
  • Section 14-A
  • Section 14-D

Answer: D. Section 14-D

8. Who is a Child Labour ?

A child below 14 years if found employed or working in any occupation or processes is a child labour. Employment of children below 14 years in any form in any occupation and process is prohibited and attracts the penalty provisions under Child and Adolescent Labour (Prohibition and Regulation) Act,1986.

9. Who is a Adolescent Labour ?

“Adolescent” means a person who has completed his fourteenth year of age but has not completed his eighteenth year.

10. Is Catering Establishment comes under hazardous occupations?
Catering Establishment does not come under Hazardous Occupations. But in the case of food processing beverage Industry and bars, pubs, parties in hotels which serve alcoholic substances it comes under Hazardous Occupations in which adolescents prohibit to employ.

11.What are the Exceptions to the Legislation?

 

 Situation

Subject to the following conditions

a

Child helps his family or family enterprise
  • The help done is not in a hazardous occupation or process listed in Part A or Part B of the Schedule of the Act
  • Shall not include any activity that is remunerative for the child or his family or the family enterprise
  • Shall not include any activity where he substitutes an adult or adolescent
  • Shall not be in contravention of any law for the time being in force
  • Child’s Family must be the occupier of the family enterprise
  • Task must not be performed during school hours or between 7 pm and 8 am
  • Provided sufficient rest and shall not work continuously for more than 3 hours at a stretch
  • Shall not interfere or affect the child’s
    • Right to education
    • School attendance
  • Education or related activities such as home work or extra curricular activities
b

Working as an artist in an audio- visual entertainment industry, including but not restricted to:

  • Advertisements
  • Films
  • Television
  • Serials

Any other such entertainment or sports activities

  • Hours of work: 5 hours a day; not more than three hours without rest.
  • Permission in Form C:
    Valid for 6months from date of issue
  • All audio-visual entertainment involving children shall issue a disclaimer at the beginning stating, ‘that due permission was obtained for involvement of children, and their protection from abuse, neglect and exploitation was ensured in line with the laws of India’

iv. Child shall not consecutively work for
more than 27 days.

v. 20% of the child’ s earning
shall be deposited in a nationalized bank in the name of the child and shall be credited on attaining majority

     

12. What is Prohibited Employment for An Adolescent Labourer?

Any adolescent in the age group of 14 to 18 years is prohibited to work or employed in any occupation or process set forth in Part A of the Schedule of Hazardous Occupations and Processes in the Child and Adolescent Labour (Prohibition and Regulation) Act,1986.

13.What are the Conditions Which apply if Adolescent is Permitted to be Employed in Non-hazardous Occupations and Processes?

In all occupations or process other than those set forth In Part A of the Schedule of the Act, the following conditions apply.


Element of work

Conditions applicable

Hours of work

  • Cannot work for more hours than prescribed for that establishment or class of establishments
  • No period of work shall be fixed as stated in point 1 above but no adolescent shall work consecutively for over three hours; hence no adolescent shall work for more than 3 hours with out rest
  • No period of work shall be more than six hours a day
  • Timing of work cannot be between7pm and 8am
  • They cannot work over time
  • Cannot work at an establishment on the same day as he has been working in an other establishment

Weekly Holiday

  • Every Adolescent shall be allowed one whole day holiday every week
  • The specific day of such holiday shall be evidently displayed in the organization
  • Such day shall not be altered more than once in every three months

Notice to Inspector

  • Every establishment employing an adolescent has to send the following information to labour inspector with in local limits about their establishment:
    • Name and the situation of the establish ment
    • Name of the persons in actual management of the establishment
    • Address to which related communication to be sent
    • Nature of the occupation or process carried on in the establishment
  • This should be sent within 30 days from the starting of the employment of the adolescent in the establishment

Regulation regarding age

1. During a labour inspection, the inspector shall in every
instance where he is unsure if the employed person is a child below 14 years or an adolescent who is employed in a hazardous occupation shall ask for a certificate of age granted by the prescribed medical authority.

 

2. In case such record does not exist, the inspector may refer
to prescribed medical authority for decision regarding age of concerned child or adolescent

Maintenance of Register

All establishments where adolescents are employed or permitted to work shall maintain a register as prescribed in the Rules.

Health and Safety

  • The health and safety of the adolescents shall be ensured with respect to points given in Section 13 sub-section (2) of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986

 

14. Who Can Report?

  • Any person, member of civil society, institutions or organizations can report through PENCIL Portal of Ministry of Labour and Employment, phone, letter, written complaint, e-mail, helpline, in person, or any other means can report an incident of child labour, or, adolescent labour in hazardous employments.
  • On receipt of the complaint the District task force proceeds to identify the Child/Adolescent Labour.

15.What are the documents necessary for Age verification of the Child/ Adolescent Labour?

  • The date of birth certificate from the school, or the matriculation or equivalent certificate from the concerned Examination Board, Aadhaar card, if available
  • Birth certificate given by a corporation or a municipal authority or a panchayat
  • In the absence of above, age shall be determined by an ossification test or any other latest medical age determination test conducted on the orders of the Court.
  • What are the Penalties for the offences under Child and Adolescent Labour (Prohibition and Regulation) Act, 1986?

 

Section14

 

Offence

 

Punishment

(1)

Employing a child or permitting a child to work

Imprisonment for a term that shall not be less than 6 months but which may extend to 2 years or with fine which shall not be less than Rs.20,000 but which may extend to Rs. 50,000 or with both.

(1A)

Employing an adolescent or permitting an adolescent to work in a hazardous occupation or process listed in Part A of the Schedule

Imprisonment for a term that shall not be less than 6 months but which may extend to 2 years or with fine which shall not be less than Rs.20,000 but which may extend to Rs. 50,000 or with both.

 

(2)

 

A repeat offence of the above stated sections

 

Imprisonment for a term which shall not be less than1year but which may extend to 3 years.

(2A)

Parents who commit a repeat offence

 

Fine which may extend to 10000 rupees.

(3)

Violations of any other section of the Act including conditions for adolescents to
work

Imprisonment for a month or with fine of 10000 rupees or with both.

16.Whether compounding of offences available under Child and Adolescent Labour (Prohibition and Regulation) Act, 1986?
Yes. The District collector on application received from the accused person, can compound the offence committed for the first time, under sec 14(D) of the Act with a fine which may extend to ten thousand rupees.
17. After rescue of child/Adolescent what is the next step?

  • Rescued child /Adolescents should be handed over to Child Welfare committee.
  • Rescued children may be admitted in Samagra Shiksha or NCLP
  • Adolescents to be provided proper education and mainstreamed or to be imparted skill development training.
  • Suitable rehabilitation to be given to the family of the rescued Child / Adolescent Labour

18.What are the Economic Rehabilitation to be provided to the rescued child/adolescent labourers?

  • Back wages: All rescued child labourer and adolescent labourers in hazardous employment shall be paid back wages at a rate not less than minimum wages for their period of employment.
  • Immediate financial assistance of Rs 20000 under the Central Sector Scheme for Rehabilitation of Bonded Labourer 2016 if the child/ Adolescent are a bonded labour.
  • As per Section14(B) of Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, a Child and Adolescent Labour Rehabilitation Fund is to be formed by appropriate Government in every District. The amount of Fine and an additional amount of Rs 15000 is to be credited by the Government for each child or adolescent in such fund.
  • The amount should be put in fixed deposit in the child’s name and income accrued shall be given to the child on attainment of 18 years of age.
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