The Act was enacted to regulate the employment of children in a certain industrial establishments and was amended by The Employment of Children (Amendment) Act, 1978.
Prohibition of employment: This act prohibits employment or permission
to work in any specified occupation of a child who has not completed fifteen
years.
Occupations specified are those -
1. connected with the transport of passengers, goods or mail by railway and other occupations in railway premises such as Cinder-picking or clearing of an ash pit or building operation, in catering establishments at a railway station or in occupation relating to construction of a railway station or any other work with close proximity to the railway lines.
2. connected with a port authority within the limits of any port.
3. building and construction industry.
Permission to work: No child who has completed fifteen years of age but not completed seventeen years of age shall be employed or permitted to work in any of the above occupations unless the periods of work of such child allow an interval of rest for at least 12 consequitive hours, inclusive of minimum of such seven consequitive hours, between 10 p. m .to 7 a. m. as may be prescribed. These provisions are not applicable to any child employed or permitted to work either as an apprentice or for the purpose of receiving training.
The competent authority may in an emergency or in public interest, by a notification in the official gazette, declare the above provision to be non-operative for a specified period.
Further prohibition: No child who has not. complet.ed fourteen years of age shall be employed or permitted to work in any workshop, as defined under the Act, wherein any of the processes set. forth In the schedule to the Act is carried on.
This provision is not applicable to any workshop wherein any process is carried on by the occupier with the aid of his family only and without employing hired labour or to any school established by, or receiving assistance or recognition from a State Government. The State Government can, after not less than three months notice in official gazette, amend the schedule.
Notice: The Act requires the occupier to notify the Inspector before carrying on work in the workshop. The notice should contain t.he specified information.
Dispute as to Age: In the absence of a certificate by a medical authority, the dispute regarding age shall be referred by the Inspector t.o the Medical Inspector for decision.
Register/Notice: Employer is required to maintain the
prescribed register and to notify an Abstract of the Act conspicuously
on the notice Board.
Penalty : Defaulting employer/person shall be punishable with simple imprisonment upto one month or with fine upto five hundred rupees or both.
Prosecution: With the previous sanction of Inspector prosecution can be instituted in the Court of presidency Magistrate or Magistrate of the First Class.
Powers to make rules: The competent Authority is autho- rised to notify rules relating to the specified matters.
The Employment of Children (Railway) Rules 1955 and The Employment of Children (Major Ports) Rules 1950 relate to the above stated provisions.