EMPLOYMENT OF ADOLESCENT WORKER
- Restrictions on employment of children and adolescents.—(1) No child shall be employed or permitted to work in any occupation or establishment.
(2) No adolescent shall be employed or permitted to work in any occupation or establishment, unless—
- a certificate of fitness in the form prescribed by rules, and granted to him by a registered medical practitioner is in the custody of the employer ; and
- he carries, while at work, a token containing a reference to such certificate.
- Nothing of sub-section (2) shall apply to the employment of any adolescent in any occupation or establishment either as an apprentice or for receiving vocational training.
- The Government may, if it thinks that an emergency exists and it is necessary in the public interest, by notification in the official Gazette, suspend the application of sub-section (2) for such period as may be specified therein.
- Restriction on certain agreements in respect of children.—Subject to the provisions of this Chapter, no parent or guardian of a child shall make an agreement with any one allowing the child to be appointed for any work.
Explanation.—In this section, ”guardian” shall include a legal custodian of a child or any person having authority over a child.
![36. Dispute as to the age.—If any question arises as to whether any person is a child or an adolescent it shall be resolved on the basis of birth registration certificate or school certificate or a certificate issued by a registered medical practitioner certifying the age of the concerned person.]
- Certificate of fitness.—(1) A registered medical practitioner shall, on a request made by any adolescent or his parent or guardian or by an employer for examining whether the adolescent is fit to work in any occupation or establishment, examine the adolescent and give decision as to his fitness:
Provided that when such application is made by any adolescent or his parent or guardian, the application shall be accompanied by a letter signed by the employer in whose establishment the adolescent is an applicant for employment stating that such adolescent shall be employed if he is certified to be fit for work.
- A certificate of fitness granted under this section shall remain valid for a period of 123 (twelve) months from the date on which it was issued.
- Any fee payable for such certificate shall be paid by the employer, and shall not be recoverable from the concerned adolescent or his parents or guardian.
- Power to order for medical examination.—Where an Inspector is of opinion that—
- any person working in an establishment is an adolescent, but he has no certificate of fitness; or
- an adolescent working in an establishment with a certificate of fitness is no longer fit to work stated in the certificate;
he may, by a notice, require the employer to get such adolescent to be examined by a medical practitioner, and until the adolescent is certified to be fit after such examination or is certified that the adolescent is no longer an adolescent, may direct the employer not to give such adolescent any work.
![39. Declaration of list of hazardous work and restrictions on employment of adolescents in certain work.—(1) The Government shall, by notification in the official Gazette, declare, from time to time, a list of hazardous work.
- No adolescent shall be employed in any work declared by the Government as hazardous.
- No adolescent shall be allowed to clean, lubricate or adjust any machinery of any establishment while it is in motion or to work between moving parts or between the fixed and moving parts of such machinery.]
- Employment of adolescent in the work 2[or hazardous work] of dangerous machines.—(1) No adolescent shall work at any machine, unless—
- he has been fully instructed as to the dangers arising in connection with such machine and the precautions to be observed in this respect; and
- he has received sufficient training to work at the machine, or is under supervision of a person who has thorough knowledge and experience of the machine.
- This provision shall apply to such machines as may be notified by the Government to be of such a dangerous character that an adolescent should not work at them unless the requirements of sub-section (1) are complied with.
- Working hour for adolescent.—(1) No adolescent shall be allowed to work in any factory or mine for more than 5 (five) hours in any day and 30 (thirty) hours in any week.
- No adolescent shall be allowed to work in any other establishment for more than 7 (seven) hours in any day and 42 (forty two) hours in a week.
- No adolescent shall be allowed to work in any establishment between 7.00 O’CLOCK in the evening and 7.00 O’CLOCK in the morning.
- If an adolescent works overtime, the total number of hours worked including overtime shall not exceed—
- in any factory or mine, 36 (thirty six) hours in a week;
- in any other establishment, 48 (forty eight) hours in a week.
- The period of work of an adolescent employed in an establishment shall be limited to 2 (two) shifts, and the period of any shift shall not exceed more than 7^ (seven and a half) hours.
- An adolescent may be employed in one relay only and this shall not, except with the previous permission, in writing, of the Inspector, be changed more than once in a period of 30 (thirty) days.
- The provisions relating to weekly holidays under this Act shall apply also to the adolescent workers and the operation of this provision shall not be suspended in respect of the adolescent workers.
- No adolescent shall be allowed to work in more than one establishment in
- Prohibition of employment of adolescent in underground and under water.—No adolescent shall be employed in any work in the underground or underwater.
- Notice of period of work for adolescent.—(1) In an establishment where adolescents are employed, there shall be displayed in the manner prescribed by rules, a notice relating to working hours of adolescents with reference to specific time of their work.
(2) The time shown in the notice under sub-section (1) shall be fixed before start of the work in the manner fixed for adult workers and shall be such that any adolescent working at that time shall not have to work in contravention of this Act.
- The relevant provisions applicable to adult workers working in the establishment shall also apply to the notice under sub-section (1).
- The Government may, by rules, prescribe the form of such notice and the manner in which it shall be maintained.
- Exception in certain cases in the employment of child workers 1[and handicapped workers].—(1) Notwithstanding anything contained in this Chapter, a child who has completed 12 (twelve) years of age, may be employed in such a light work which is not dangerous to his health and development or shall not interfere with his education:
Provided that if the child is a school going one, the working hour of him shall be so arranged that it does not interfere with his attendance in the school.
- All provisions of this Chapter applicable to an adolescent worker shall, mutatis-mutandis, apply to such child workers 2[and handicapped workers.]
3[(3) No handicapped worker shall be employed in the work of a dangerous machine or hazardous work.]