THE CHILD LABOUR (PROHIBITION AND REGULATION) RULES, 1988
G.S.R. 847(E), dated 10th August, 1988 – In exercise
of the powers conferred by sub-section (1) of Sec. 18 of the said Act,
the Central Government, hereby makes the following rules, namely :
Rule-making power – The general power
of framing rules for effectuating the purposes of the Act, would plainly
authorize and sanctify the framing of such a rule.
1. Short title and commencement –
(1) These rules may be called the Child Labour (Prohibition and Regulation)
(2) They shall come into force on the date of their publication in the
These rules have been farmed by the Central Government in the
exercise of the powers conferred by Sec. 18 (1) of the Child Labour
(Prohibition and Regulation) Rules, 1986.
Rules – Whether validly farmed
– The question whether rules are validly framed to carry out the
purposes of the Act can be determined on the analysis of the provisions
of the Act.
2. Definitions – In these rules,
unless the context otherwise requires –
(a)“Act” means the Child Labour (Prohibition and Regulation)
Rules, 1986 (61 0f 1986);
(b)“Committee” means the Child Labour Technical Advisory
Committee constituted under sub-section (1) of Sec. 5 of the Act;
(c)“Chairman” means the Chairman of the Committee appointed
under sub-section (2) of Sec. 5 of the Act;
(d)“Form” means a Form appended to these ruels;
(e)“register” means the register required to be maintained
under Sec. 11 of the Act;
(f)“Schedule” means the schedule appended to the Act;
(g)“section” means a section of the Act.
This rule defines the various expressions occurring in the
Interpretation by a court – The
Court can merely interpret the section; it cannot re-write, re-cast
or re-design the section.
Otherwise – What amounts to –
The words “otherwise” is not to be construed ejusdem generic
with the word “circulars, advertisement”.
3. Term of office of the members of the Committee
(1) The term of office of the members of the Committee shall be one
year from the date on which their appointment is notified in the official
Provided that the Central Government may extend the term of office of
the member of the Committee for a maximum period of two years;
Provided further that the member shall, notwithstanding the expiration
of his term, continue to hold office until his successor enters upon
(2) The members appointed under sub-rule (1) shall be eligible for re-appointment.
“shall” cannot be interpreted as “may”
Proviso – In Abdul Jabar Butt
v. State of Jammu and Kashmir, it was held that a proviso must be considered
with relation to the principal matter to which it stands as a proviso.
4. Secretary to the Committee –
The Central Government may appoint an officer not below the rank of
an Under-Secretary to the Government of India as Secretary of the Committee.
This rule empowers the Central Government to appoint an officer
not below the rank of an Under-Secretary to the Government of India
as the Secretary to the Child Labour Technical Advisory Committee.
5. Allowances to non-official members –
The non-official members and Chairman of the Committee shall
be paid such fees and allowances as may be admissible to the officers
of the Central Government drawing a pay of rupees four thousand and
five hundred or above.
6. Resignation – (1) A member
may resign his office by writing under his hand addressed to the Chairman.
(2) The Chairman may resign his office by writing under his hand addressed
to the Central Government.
(3) The resignation referred to in sub-rule (1) and sub-rule (2) shall
take effect from the date of its acceptance or on the expiry of thirty
days from the date of receipt of such resignation, whichever is earlier,
by the Chairman or the Central Government, as the case may be.
7. Removal of Chairman or member of the Committee
– The Central Government may remove the Chairman or any
member of the Committee at any time before the expiry of the term of
office after giving him a reasonable opportunity of showing cause against
the proposed removal.
This rule lays down procedure for removal of Chairman or member
of the Committee by the Central Government.
8. Cessation of membership – if
a member –
(a)is absent without leave of the Chairman for three or more consecutive
meetings of the Committee; or
(b)is declared to be of unsound mind by a competent court; or
(c)is or has been convicted of any offence which, in the opinion of
the Central Government, involves moral turpitude; or
(d)is, or at any time, has been adjudicated insolvent or has suspended
his debts or has compounded with his creditors, shall cease to be a
member of the Committee.
This rule deals with the matter relating to cessation of membership.
9. Filling up of casual vacancies –
in case a member resigns his office under rule 6 or ceases to be a member
under rule 8, the casual vacancy thus caused shall be filled up by the
Central Government and the member so appointed shall hold office for
the unexpired portion of the term of his predecessor.
This rule empower the Central Government to fill up casual
vacancies and it lays down that the member so appointed shall hold office
for the unexpired portion of the term of his predecessor.
10. Time and place of meetings –
The Committee shall meet at such times and places as the Chairman may
fix in this behalf.
11. Notice of meetings – The Secretary
to the Committee shall give at least seven days notice to every member
of the Committee of the time and place fixed for each meeting along
with the list of business to be transacted at the said meeting.
12. Presiding at meetings – The
Chairman shall preside at every meeting of the Committee at which he
is present; if, however, the Chairman is unable to attend a meeting,
any member elected by the members present among themselves shall preside
at the meeting.
“Shall” – It is well-known principle that
in the interpretation of statutes that where the situation and the context
warrants it, the word “shall” used in a section or rule
of a statute has to be construed as “may”.
13. Quorum – No business shall
be transacted at a meeting of the Committee unless atleast three members
of the Committee other than the Chairman and the Secretary are present:
Provided that at any meeting in which less than three of the total members
are present, the Chairman may adjourn the meeting to a date as he deems
fit and inform the members present and notify other members that the
business of the scheduled meeting shall be disposed of at the adjourned
meeting irrespective of the quorum and it shall be lawful to dispose
of the business at such adjourned meeting irrespective of the member
of members attending the meeting.
Scope of proviso – The scope of a proviso
is well settled. In Ram Narain Sons Ltd. V. Asstt. Commissioner of Sales
Tax, it was held :
“It is a cardinal rule of interpretation that a proviso to a particular
provision of statute only embraces the field which is covered by the
main provision. It carves out an exception to the main provision to
which it has been enacted as a proviso and to no other.”
14. Decision by majority – All
questions considered at a meeting of the Committee shall be decided
by a majority of votes of the members present and voting and in the
event of equality of votes, the Chairman, or in the absence of Chairman,
the member presiding at the meeting, as the case may be, shall have
a second or casting cote.
This rule lays down that the matters considered by the Committee in
its meeting should be decided by a majority votes of the members present.
The rule further lays down that the Chairman or in his absence the member
presiding at the meeting shall have a casting vote.
15. Sub-Committees – The Committee
may constitute one or more Sub-Committees, whether consisting only of
members of the Committee or partly of members of the Committee and partly
of other persons as it thinks fit, for such purposes, as it may decide
and any Sub-Committee so constituted shall discharge such functions
as may be delegated to it by the Committee.
16. Register to be maintained under Sec. 11 of
the Act. – (1) Every occupier of an establishment shall
maintain a register in respect of children employed or permitted to
work, in Form A.
(2) The register shall be maintained on a yearly basis but shall be
retained by the employer for a period of three years after the date
of the last entry made therein.
Under this rule every occupier of an establishment is required to maintain
an yearly register showing the children employed or permitted to work
and to retain such registers for a period of three years.
17. Certificate of age. - (1) All young
persons in employment in any of the occupations set-forth in Part A
of the Schedule or in any workshop wherein any of the processes set
forth in Part B of the Schedule is carried on, shall produce a certificate
of age from the appropriate medical authority, whenever required to
do so by an Inspector.
(2) The certificate of age referred to in sub-rule (1) shall be issued
in Form ‘B’.
(3) The charges payable to the medical authority for the issue of such
certificate shall be the same as prescribed by the State Government
or the Central Government, as the case may be for their respective Medical
(4) The charges payable to the medical authority shall be borne by the
employer of the young person whose age is under question.
Explanation - For the purposes of sub-rule
(1), the appropriate “Medical authority” shall be Government
medical doctor not below the rank of an Assistant Surgeon of a District
or a regular doctor or equivalent rank employed in Employees’
State Insurance dispensaries of hospitals.
Explanation - It is not well settled that
an explanation added to a statutory provision is not a substantive provision
in any sense of the term but as the plain meaning of the word itself
shows it is merely meant to explain and clarify certain ambiguities
which may have crept in the statutory provision.
[See Rule 16(1)]
Name and Address of employer ..............................................................
Place of work ........................................................................................
Nature of work being done by the establishment .......................................
Name of Child
Date of Birth
Date of joining the establishment
Nature of Workon which employed
Daily hours of work
Intervals of rest
(Certificate of Age)
[See Rule 17 (2)]
Certificate No ........................
I hereby certify that I have personally examined (name
Son/daughter of ....................................................................
residing at .................................. and that he/she has completed
his/her fourteenth year and his/her age, as nearly as can be ascertained
from my examination is .................................. years (Completed).
His/Her descriptive marks
Thumb-impression/signature of child ..............................
Place............................... Medical Authority
The Child Labour (Prohibition and Regulation)
S.O. 333(E), dated 26th may, 1933 – in exercise
of the powers conferred by sub-section(3) of Sec.1 of the Child Labour
(Prohibition and Regulation)Act, 1986 (61 of 1986), the Central Government
hereby appoints the 26th day of May, 1993 as the date of which the provisions
of Part III of the said Act shall come into force in respect of all
classes of establishments, throughout the territory of India, in which
none of the occupations and processes referred to in Sec. 3 of the said
Act is carried on.
(See Sec. 3)
Any occupation concerned with: -
(1)Transport of passengers, goods or mails by railways;
(2)Cinder picking, clearing of an ash pit or building operation in the
(3)Work in a catering establishment at a railway station, involving
the movement of a vendor or any other employee of the establishment
from the one platform to another or in to or out of a moving train;
(4)Work relating to the construction of a railway station or with any
other work where such work is done in close proximity to or between
the railway lines;
(5)A port authority within the limits of any port;
* (6) Work relating to selling of crackers and fireworks in shops with
# (7) Abattoirs/Slaughter House;
$ (8) Automobile workshops and garages;
(2)Handling of toxic or inflammable substances or explosives;
(3)Handloom and power loom industry;
(4)Mines (underground and under water) and collieries;
(5)Plastic units and fiberglass workshops;
(3)Cement manufacture, including bagging of cement.
(4)Cloth printing, dyeing and weaving.
(5)Manufacture of matches, explosives and fire-works.
(6)Mica-cutting and splitting.
(11)Building and construction industry.
* (12) Manufacture of slate pencils (including packing).
* (13) Manufacture of products from agate.
* (14) Manufacturing processes using toxic metals and substances such
mercury, manganese, chromium, cadmium, benzene, pesticides and
# (15) “Hazardous processes” as defined in Sec. 2 (cb) and
operation’ as notice in rules made under section 87 of the Factories
Act, 1948 (63 of 1948)
# (16) Printing as defined in Section 2(k) (iv) of the Factories Act,
1948 (63 of
# (17) Cashew and cashewnut descaling and processing.
# (18) Soldering processes in electronic industries.
$ (19) ‘Aggarbatti’ manufacturing.
(1)Automobile repairs and maintenance including processes incidental
thereto namely, welding, lathe work, dent beating and painting.
(2)Brick kilns and Roof tiles units.
(3)Cotton ginning and processing and production of hosiery goods.
(5)Fabrication workshops (ferrous and non ferrous)
(6)Gem cutting and polishing.
(7)Handling of chromite and manganese ores.
(8)Jute textile manufacture and coir making.
(9)Lime Kilns and Manufacture of Lime.
(11)Manufacturing processes having exposure to lead such as primary
and secondary smelting, welding and cutting of lead-painted metal constructions,
welding of galvanized orzinc silicate, polyvinyl chloride, mixing (by
hand) of crystal glass mass, sanding or scraping of lead paint, burning
of lead in enameling workshops, lead mining, plumbing, cable making,
wiring patenting, lead casting, type founding in printing shops. Store
type setting, assembling of cars, shot making and lead glass blowing.
(12)Manufacture of cement pipes, cement products and other related work.
(13)Manufacture of glass, glass ware including bangles, florescent tubes,
bulbs and other similar glass products.
(14)Manufacture of dyes and dye stuff.
(15)Manufacturing or handling of pesticides and insecticides.
(16)Manufacturing or processing and handling of corrosive and toxic
substances, metal cleaning and photo engraving and soldering processes
in electronic industry.
(17)Manufacturing of burning coal and coal briquettes.
(18)Manufacturing of sports goods involving exposure to synthetic materials,
chemicals and leather.
(19)Moulding and processing of fiberglass and plastic.
(20)Oil expelling and refinery.
(22)Potteries and ceramic industry.
(23)Polishing, moulding, cutting, welding and manufacturing of brass
goods in all forms.
(24)Processes in agriculture where tractors, threshing and harvesting
machines are used and chaff cutting.
(25)Saw mill – all processes.
(27)Skinning, dyeing and processes for manufacturing of leather and
(28)Stone breaking and stone crushing.
(29)Tobacco processing including manufacturing of tobacco, tobacco paste
and handling of tobacco in any form.
(30)Tyre making, repairing, re-treading and graphite benefication.
(31)Utensils making, polishing and metal buffing.
(32)‘Zari’ making (all processes)’.
@ (52) Electroplating;
(1) Graphite powdering and incidental processing;
(2) Grinding or glazing of metals;
(3) Diamond cutting and polishing;
(4) Extraction of slate from mines;
(5) Rag picking and scavenging.
a.for item (2), the following item shall be substituted,
‘(2) carpet weaving including preparatory and incidental process
b.for item(4), the following item shall be substituted, namely:-
“(4) cloth printing, dyeing and weaving including processes preparatory
and incidental thereto:
c. for item (11) the following shall be substituted, namely:-
“(11) Building and Construction Industry including processing
and polishing of granite stones”.
* Ins. by Notification No. S. O. 404(E) dated the 5th June
1989 published in the Gazette of India, Extraordinary.
# Ins. by Notification No. S. O. 263 (E) dated 29th March,
1994 published in the Gazette of India, Extraordinary.
$ Ins. Sr. No. 8-13 in Part A and Sr. No. 19-51 in Part B by
Notification No. S. O. 36 (E) dated 27th January 1999
published in the Gazette of India, Extraordinary.
@ Ins.Sr. No. 52 – 57 part B by Notification No. S.O. 397 (E)
dated the 10th May 2001 published in the Gazette of India, Extraordinary.