Comments invited on the Draft Child Labour (Prohibition and Regulation) Amendment Rules, 2017 till 20.05.2017

Comments invited on the Draft Child Labour (Prohibition and Regulation) Amendment Rules, 2017 till 20.05.2017

May 4, 2017 Labour 0

The Ministry of Labour and Employment has issued the Draft Child Labour (Prohibition and Regulation Amendment) Rules, 2017 (“Draft Rules”) on 20th April, 2017, thereby proposing to amend the Child Labour (Prohibition and Regulation) Rules, 1988 (“Principal Rules”).

 

The Draft Rules have been issued in pursuance of enactment of the Child Labour (Prohibition and Regulation) Amendment Act, 2016 (“Amendment Act”) and comments on the same are invited from all stakeholders, including members of general public.

 

The comments may be submitted to Secretary, Ministry of Labour and Employment, Sharam Shakti Bhavan, Rafi Marg, New Delhi-110001 within 30 days i.e. upto 20th May, 2017.

 

The highlights of the proposed amendments are given below:

 

Principal RulesDraft RulesImplications
Rule 1.

Short title, extent and commencement:

(1) These rules may be called the Child Labour (Prohibition and Regulation) Rules, 1988.

 

Rule 1.

Short title, extent and commencement:

(1) These rules may be called the Child and Adolescent Labour (Prohibition and Regulation) Rules, 1988.

 

Pursuant to the Child Labour (Prohibition and Regulation) Amendment Act, 2016 which has gained the force of law since 1stSeptember, 2016, corresponding changes are proposed to be made in the Short Title of the Principal Rules.

 

As per the Draft Rules, adolescents will also be covered within the ambit of Principal Rules, thereby the nomenclature of the Principal Rules is proposed to be changed to the Child and Adolescent Labour (Prohibition and Regulation) Rules, 1988.

 

Does not existRule 15A. Hours of work –

Subject to the provisions of section 7, no adolescent shall be required or permitted to work in an establishment in excess of such number of hours of work as is permissible under the law for the time being in force regulating the hours of work of the adolescent in such establishment.

The Draft Rules have inserted a new provision relating to the hours of work for the adolescent.

As per the Draft Rules, no adolescent should be permitted to work in an establishment beyond the period permissible under the law for time being in force regulating the hours of work of the adolescent in that establishment.

 

Since adolescents have been recently included in the Child Labour (Prohibition and Regulation) Amendment Act, 2016, currently, the Principal Rules do not have this provision.

Rule 16: Register to be maintained under Section 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.

Rule 16: Register to be maintained under Section 11 of the Act:

(1) Every occupier of an establishment shall maintain a register in respect of adolescent employed or permitted to work, in Form A.

As per the Draft Rules, the occupier of establishments employing adolescents will have to maintain a register in respect of adolescents employed or permitted to work in Form A.

 

Prior to this, such registers were required to be made in respect of children employed but this has been done away with since under the Child Labour (Prohibition and Regulation) Amendment Act, 2016 there is a complete ban on employing children.

 

Pursuant to the amendment in the Principal Act, the Draft Rules propose to make corresponding changes in the rules relating to register maintenance under the Principal Rules.

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.

 

 

17. Certificate of age-

(1) Where an Inspector has an apprehension that any adolescent has been employed in any of the occupation or processes in which he is prohibited to be employed under section 3A of the Act, he may require the employer of such adolescent to produce to the Inspector a certificate of age from the appropriate medical authority.

 

 

 

 

As per the Draft Rules, if any Inspector has an apprehension that an adolescent has been employed in any of the occupation or processes in which he is prohibited to be employed under section 3A of the Act, he may require an employer to produce the certificate of age from the appropriate medical authority.

 

For further details, please refer to the document attached with this mail.

 

Source: Ministry of Labour and Employment

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