INTERNAL ASSESSMENT TEST QUESTIONS

Labour Law –II

Part –A (7 MARKS)

2. Elucidate the objectives of the Child labour (Prohibition and regulation) Act
1986

THE CHILD LABOUR (PROHIBITIION AND REGULATION) ACT, 1986. The Act came in
force from 23rd December, 1986. An Act to prohibit the engagement of children in certain
employments and to regulate the conditions of work of children in certain other
employment.

. SOME IMPORTANT DEFINITIONS Child: means a person who has not completed
his fourteenth year of age. Establishment: includes a shop, commercial establishment,
workshop, farm, residential hotel, restaurant, eating

 PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS

AND PROCESSES. No Child shall be employed or permitted to work in: 1. Transport,
catering or construction by railways. 2. Firecracker shop. 3. Slaughter House. 4.
Automobile workshop/garages.

 PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS

AND PROCESSES. 5. Foundaries. 6. Handloom/Powerloom. 7. Mines. 8. Plastic units
and fibreglass workshop. 9. Domestic Servants. 10. Dhabas, restaurants, hotels,
motels, tea shops, resorts, spas, or other recreational

 PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS

AND PROCESSES. 12. Carpet weaving industry. 13. Cement Manufacture. 14. Cloth
printing, dyeing and weaving. 15. Manufacture of matches, explosives and fire-works.
16. Mica-cutting and splitting. 17. Shellac Manufacture. 18. Soap manufacture.

 PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS

AND PROCESSES. 19. Building and construction. 20. Gem cutting and polishing. 21.
Cotton Industry. 22. Manufacturing of pesticides and insecticides. 23. Paper making.
24. Oil refinery.
 HOURS AND PERIOD OF WORK 1. No child shall be required or permitted to work
in any establishment in excess of such number of hours as may be prescribed for
such establishment or class of establishments. 2. The period of work on each day
shall be so fixed that no period shall exceed three hours and that no child

 HOURS AND PERIOD OF WORK 3. The period of work shall not be spread over
more than six hours. 4. No child shall be permitted or required to work between 7 p.m.
and 8 a.m. 5. No child shall be required or permitted to woirk overtime. 6. No child
shall be required or permitted to
 NOTICE TO INSPECTOR Every occupier of establishment in which there is working
child shall send written notice to Inspector. The notice to contain: 1. Name and
situation of establishment; 2. Name of person in actual management of the
establishment. 3. Address for

 EXCEPTION The above section does not apply:- 1. To any workshop carried on by
the occupier with the aid of his family; or 2. To any school established by Government
or receiving assistance or recognition from Government.

 CHILD LABOUR TECHNICAL ADVISORY COMMITTEE. This committee shall advise

the Central Government about the additions of any industry or occupations to exclude
prohibit child employment. The Committee shall consists of Chairman and other
members not exceeding in total ten.

 DISPUTE AS TO AGE If any question arises between an Inspector and Occupier as

to the age of any child who is employed or is permitted to work by him in an
establishment in absence of any certificate as to age, refer the question to the
decision of prescribed medical authority.

 MAINTENANCE OF REGISTER Every occupier shall maintained register for

inspection by Inspector at all times during working hours showing: 1. Name and birth
of working child; 2. Hours and periods of work and intervals of rest; 3. Nature of work
given to child; 4. Such other particulars as may be prescribed.

 DISPLAY OF NOTICE Every railway administration, every port authority and every
occupier shall cause to be displayed in a conspicuous and accessible place at every
station on its railway or within the limits of port or at the place of work, a notice in local
language and in English Language containing abstract about prohibition of child
labour and penalties.

 HEALTH AND SAFETY The appropriate Government shall makes rules for child
employment regarding: 1. Cleanliness at work place; 2. Disposal of wastes and
effluents; 3. Ventilation and temperature; 4. Dust and fume; 5. Lighting and drinking
water etc.
  PENALTIES Whoever employs any child in contravention of this act shall be punished
with imprisonment for a term which shall not be less than three months but which may
extend to one year or fine which shall not be less than ten thousand rupees but which
may extend to twenty thousand rupees or with both. If any one again commits similar
offence for second time

 PENALTIES Whoever fails to giver notice to Inspector; 1.Fails to maintain register or

makes entries; 2.Fails to display notice 3.Fails to comply with or contravenes any
other provisions of this Act or rules Shall be punished with simple imprisonment which
may extend to one month or with fine which

 PENALTIES APPLICABLE TO OTHER ACTS Similar provision with respect to

prohibition of child employment is found in section 67 of the Factories Act, 1948,
section 40 of the Mines Act, 1952, section 109 of the Merchant Shipping Act, 1958
and section 21 of the Motor Transport Workers Act, 1961. the contravention of this
sections are punishable as per provisions of this Act.

PROCEDURE Any person, police officer or inspector may file a complaint of the
commission of an offence under this Act in any Metropolitan Magistrate's Court or
Court of Magistrate of First class. The certificate by prescribed medical authority shall
be conclusive evidence of the age of child.

THE CHILD LABOUR (PROHIBITION AND REGULATION) RULES, 1988. These rules
came in force from 10th August 1988. The term of Child labour Technical advisory
Committee shall be one year which may be extended for two years. The officer not below the
rank of under secretary to the Government of India may be appointed as secretary of the
Committee.

REGISTER TO BE MAINTAINED Sr. No Name of Child Father 's Name Date of birth
Perma nent addre ss Date of joinin g the establi shme nt Name of the work oh which
emplo yed Daily hours of work Interv al of rest Wage paid Remar ks

The Child Labour (Prohibition and Regulation) Act, 1986 prohibits children from
working in hazardous employment. The Act provides a minimum age limit for
employment as 14 years. The provision of the Act has helped in reducing the rate of
child employment in India. It has reduced various hazardous risks to which child
employees are exposed at the workplace as well as the exploitation by laying down
the provisions for maximum number of hours or period of work and various other
related issues. The Act has played an important role in reducing hazardous
employment for children in India. If it is found that the employer is employing a
child in contravention of the provisions of the Act then, such employer will be liable
for punishment which includes imprisonment or fine or both. Although the Act has
reduced the number of child labors, this evil is still lingering in our society due to the
socio-economic issues i.e. poverty and illiteracy and for overcoming the evil of child
labor, collective responsibility has to be taken up by the society at large as Justice
Subba Rao, the former Chief Justice of India rightly said that; “Social justice must
start with the child. Until and unless a tender plant is properly tended and nourished,
it has a small chance of growing into a strong and useful tree. So, the first
preference in the plate of justice should be stated to the well-being of children.”

Part –B (3marks)

1. Objectives of Special economic zones

India was one of the first in Asia to recognize the effectiveness of the Export Processing Zone
(EPZ) model in promoting exports, with Asia's first EPZ set up in Kandla in 1965. With a view to
overcome the shortcomings experienced on account of the multiplicity of controls and
clearances; absence of world-class infrastructure, and an unstable fiscal regime and with a view
to attract larger foreign investments in India, the Special Economic Zones (SEZs) Policy was
announced in April 2000.

This policy intended to make SEZs an engine for economic growth supported by quality
infrastructure complemented by an attractive fiscal package, both at the Centre and the State
level, with the minimum possible regulations. SEZs in India functioned from 1.11.2000 to
09.02.2006 under the provisions of the Foreign Trade Policy and fiscal incentives were made
effective through the provisions of relevant statutes.

To instill confidence in investors and signal the Government's commitment to a stable SEZ policy
regime and with a view to impart stability to the SEZ regime thereby generating greater economic
activity and employment through the establishment of SEZs, a comprehensive draft SEZ Bill
prepared after extensive discussions with the stakeholders. A number of meetings were held in
various parts of the country both by the Minister for Commerce and Industry as well as senior
officials for this purpose. The Special Economic Zones Act, 2005, was passed by Parliament in
May, 2005 which received Presidential assent on the 23rd of June, 2005. The draft SEZ Rules
were widely discussed and put on the website of the Department of Commerce offering
suggestions/comments. Around 800 suggestions were received on the draft rules. After extensive
consultations, the SEZ Act, 2005, supported by SEZ Rules, came into effect on 10th February,
2006, providing for drastic simplification of procedures and for single window clearance on
matters relating to central as well as state governments. The main objectives of the SEZ Act are:
 generation of additional economic activity
 promotion of exports of goods and services
 promotion of investment from domestic and foreign sources
 creation of employment opportunities
 development of infrastructure facilities

 It is expected that this will trigger a large flow of foreign and domestic investment in SEZs,
in infrastructure and productive capacity, leading to generation of additional economic
activity and creation of employment opportunities.
 The SEZ Act 2005 envisages key role for the State Governments in Export Promotion and
creation of related infrastructure. A Single Window SEZ approval mechanism has been
provided through a 19 member inter-ministerial SEZ Board of Approval (BoA). The
applications duly recommended by the respective State Governments/UT Administration
are considered by this BoA periodically. All decisions of the Board of approvals are with
consensus.
 The SEZ Rules provide for different minimum land requirement for different class of SEZs.
Every SEZ is divided into a processing area where alone the SEZ units would come up
and the non-processing area where the supporting infrastructure is to be created.