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Child Labour – Maintenance & Production of Register by Occupier

Child Labour – Maintenance & Production of Register by Occupier.

Application of Part. – The provisions of this Part shall apply to an establishment or a class of establishments in which none of the occupations or processes referred to in [section 3A] is carried on.

Hours and period of work. – (1) No child shall be required or permitted to work in any establishment in excess of a 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 [adolescent] shall work for more than three hours before he has had an interval for rest for at least one hour.

(3) The period of work of a [adolescent] shall be so arranged that inclusive of his interval for rest, under sub-section (2), it shall not be spread over more than six hours, including the time spent in waiting for work on any day.

(4) No [adolescent] shall be permitted or required to work between 7 p.m. and 8 a.m.

(5) No [adolescent] shall be required or permitted to work overtime.

(6) No [adolescent] shall be required or permitted to work in any establishment on any day on which he has already been working in another establishment.

Weekly holidays. – Every [adolescent] employed in an establishment shall be allowed in each week, a holiday of one whole day, which day shall be specified by the occupier in a notice permanently exhibited in a conspicuous place in the establishment and the day so specified shall not be altered by the occupier more than once in three months.

Notice to Inspector. – (1) Every occupier in relation to an establishment in which a [adolescent] was employed or permitted to work immediately before the date of commencement of this Act in relation to such establishment shall, within a period of thirty days from such commencement, send to the Inspector within whose local limits the establishment is situated, a written notice containing the following particulars, namely:-

(a) the name and situation of the establishment;

(b) the name of the person in the actual management of the establishment;

(c) the address to which communications relating to the establishment should be sent; and

(d) the nature of the occupation or process carried on in the establishment.

(2) Every occupier, in relation to an establishment, who employs, or permits to work, any [adolescent] after the date of commencement of this Act in relation to such establishment, shall, within a period of thirty days from the date of such employment, send to the Inspector within whose local limits the establishment is situated, a written notice containing the particulars as are mentioned in sub-section (1).

Explanation. – For the purposes of sub-sections (1) and (2), “date of commencement of this Act, in relation to an establishment” means the date of bringing into force of this Act in relation to such establishment.

(3) Nothing in sections 7, 8 and 9 shall apply to any establishment wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, Government.

Disputes as to age. – If any question arises between an Inspector and an occupier as to the age of any [adolescent] who is employed or is permitted to work by him in an establishment, the question shall, in the absence of a certificate as to the age of such [adolescent] granted by the prescribed medical authority, be referred by the Inspector for the decision to the prescribed medical authority.

Maintenance of register. – There shall be maintained by every occupier in respect of [adolescent] employed or permitted to work in any establishment, a register to be available for inspection by an Inspector at all times during working hours or when work is being carried on in any such establishment, showing-

(a) the name and date of birth of every [adolescent] so employed or permitted to work;

(b) hours and periods of work of any such [adolescent] and the intervals of rest to which he is entitled;

(c) the nature of work of any such [adolescent]; and

(d) such other particulars as may be prescribed.

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