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In India, as per the provision contained in the Child Labour (Prohibition and Regulation) Act,
1986, Child below the age of fourteen years should not be employed to work in any factory or
mine or engaged in any other hazardous
employment.
In simple words, the child labour refers to those employments which prevents child from
attending school regularly and which is hazardous to the physical and mental
health of the child.
In reality, children do a variety of work in widelydivergent conditions. This work takes place
along acontinuum, from work that is beneficial, promoting orenhancing a child¶s
development without interfering withschooling, recreation and rest to work that is
simplydestructive or exploitative.

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The Child labour (Prohibition and Regulation) Act, 1986 came into force from 23 rd
December 1986. Its main objectives are to prohibit the employment of children in
certain categories of industries and to regulate the conditions of work of children in
certain industries. It was amended in 1988.
The Act is applicable to all establishments such as workshop, farm residential hotels,
restaurants, eating house, theater or other places of public amusements where child
labour is largely employed. The Act extends to the whole of India.
Under this Act, a child means a person who has not completed 14 years of age. The
main provisions of Act are as follows:

(1)
 !"#"$" % &'()* +('%$ &,!"*-'%"%,'$."%
,,/).$" %0.%-) ,'00'0No child can be employed, or permitted to work in any
of the occupations set forth in Part A of the Schedule or in any workshop where in any
of the processes set forth in part B of the Schedule is carried on.

(2)  /0.%-)'" - &1 2No child shall be allowed to work in any

establishment in excess of such number of hours as may be prescribed for such
establishment or class of establishments. The daily hours of work shall be so fixed that
no child shall be allowed to work for more than three hours without
prior interval of half an hour.

(3) ''2*+ *"-.+Every child employed in any establishment shall be given one
weekly holiday of 24 hours.
(4) '.*$!.%-0.&'$+The appropriate government by notification in the official
Gazette, can make rules for health and safety of children employed or permitted to
work in any establishment or class of establishment.

(5) !"*-.# /',!%",.*c-3"0 + (("$$''The Central Government by

notification in the official Gazette may constitute a Child Labour Technical Advisory
Committee to advice government for theThe purpose of occupation and processes to
be included in the schedule.

(6)
1'$ .2'/*'0The appropriate government by notification in the official
Gazette can make rules for the proper enforcement of the Act.

(7) c)) "%$('%$ &
%0)',$ 0The appropriate government may appoint inspectors
for the purpose of securing compliance of this Act.

(8)
'%.*$"'0Whosoever employs any child or permits any child to work in
contravention of the provision of Act shall be punishable with imprisonment for a
term of not less than three months but can be extended to one year or with a fine
which shall not be less than ten thousand rupees, however, it can extend to
twenty thousand rupees or with both.

OPINION ON ACT

According to me the Act is not very much successful on meeting the objectives which
resulting to further amendments in Act & still Child Labour exist in India

REASONS FOR FAILURE OF ACT

1)?
3'$+: The poverty is the root cause of child labour many people engage
their children in to work because of their poverty they even not have the 3
times a food in a day.
2)? -/,.$" %: Education is another root cause of failure the ACT. Even today in
many places of India the education is very costly so the parents unable to give a
education to child & they thought that this education is not beneficial to them
so they engaged their children in work through which they gain some skill &
till time the government do not take any major initiatives to educate a children
or vanished the illiteracy without education we cannot extinct the child Labour.
3)? !'.)*.# /: The child labour is comparatively cheper than adult labour
which force to a employer to recruit child instead of any adult person
4)? .0+$ 4)* "$.$" %: Child labours can easily be exploit at work place to
work more without pay, work on national holidays etc
5)?
)/*.$" %: The population of India is very high and the people are situated in
remote places of India so the enforcement of the ACT has not get success in
those areas
6)?  
 )' %$ *"%5 /
%0)',$" %: Even though there is a separate
department under government called HRD but they failed to inspect the child
 labour they should have to inspect all factories, Restaurant, Hotels etc once in
every 15days

 
 


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The state of education in India also needs to beimproved. High illiteracy and dropout
rates are reflective ofthe inadequacy of the education system. Poverty plays a role
in the ineffectiveness of the educational system.

Dropoutrates are high because children are forced to work in order tosupport their
families.

The attitudes of the people alsocontribute to the lack of enrollment ± parents feels that
workdevelops skills that can be used to earn an income, whileeducation does not help
in this matter. Compulsoryeducation may help in regard to these attitudes.

Theexamples of Sri Lanka and Kerala show that compulsoryeducation has worked in
those areas. There are differencesbetween Sri Lanka, Kerala and the rest of India.
What types ofsocial welfare structures do these places have? What are theattitudes of
the people? Is there some other reason why thelabour market for child labourers is
poor in these areas?These are some questions that need to be answered beforeapplying
the concept of compulsory education to India? Indiais making rogress in terms of
educational policy. The DPEPhas been implemented only four years ago, and so
results arenot apparent at this time. Hopefully the future will show thatthis program
has made progress towards universal education,and eradicating child labour.

Child labour cannot be eliminated by focusing on onedeterminant, for example

education, or by brute enforcementof child labour laws. The government of India must
ensurethat the needs of the poor are filled before attacking childlabour. If poverty is
addressed, the need for child labour willautomatically diminish. No matter how hard
India tries, childlabour always will exist until the need for it is removed. The
development of India as a nation is being hampered by childlabour. Children are
growing up illiterate because they havebeen working and not attending school. A
cycle of poverty isformed and the need for child labour is reborn after
everygeneration. India needs to address the situation by tacklingthe underlying causes
of child labour through governmentalpolicies and the enforcement of these policies.
Only then willIndia succeed in the fight against child labour.
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Circumstances under which Gratuity becomes payable to an employee [Section 4]

a)? On termination of employment after he has rendered continuous service of not

less than 5 years, on his superannuation, retirement, resignation, death or
disablement due to accident or disease.

b)? In case of death of employee, the gratuity payable to him shall be paid to his
nominee. If there is no nomination then to his legal heirs.

c)? If any nominee or heir is a minor, the share of such minor shall be deposited
with the controlling authority, who shall invest the same for the benefit of such
minor in such Bank or Financial Inst itution as may be prescribed, until the
minor reaches the age of majority.

Forfeiture of Gratuity [Section 4(6)]

It gives the circumstances in which the gratuitypayable to an employee may be

forfeited eitherpartly or wholly.

1) Partial Forfeiture: The gratuity of an employeewhose services are terminated for

any act, willfulomission, negligence causing any damage, loss to,or destruction of
property belonging to theemployer; only to the extent of damage or loss socaused.
2) Full Forfeiture: The gratuity payable to an employeecan be wholly forfeited:

a)? If the services of an employee are terminated for his riotous or disorderly
behaviors or any other act ofviolence on his part, or
b)? If the services of such employee have been terminated for any act which
constitutes an offence involving moral turpitude, provided that such offence is
committed by him in the course of his employment.[Section 4(6)]
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From The above legal Definition we can say that the bank¶s refusal of not paying a
Gratuity to his clerk on bassis of his absentism is justified according to [Section 4(6)
of Gratuity Act 1972]

2. B] `
 
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2. C]THE POWER TO DECIDE A DISPUTE IN CASE OF RIVAL
CLAIMANTS FOR GRATUITY
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2. D] UNDER PAYMENT OF GRATUITY ACT ³INCENTIVE WAGES´ TO

BE INCLUDED FOR CALCULATE OF GRATUITY IN THE TERM
WAGES AS PER SECTION 2(S)
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4. A] UNDER MINIMUM WAGES ACT, 1948

WHAT SHOULD BE THE WAGE POLICY FOR A DEVELOPING

COUNTRY?

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†? To provide minimum wages to the workers working inorganized
sector(scheduled employment)
†? To stop exploitation of the workers
†? To empower the government to take steps for fixingminimum wages and
to revise this wages within aperiod of five years.
†? To provide for appointment of Advisory Committees &Advisory Boards,
having equal representatives ofemployers and workers.

  
Section 2(h)
 †? Wages means all remuneration capable of beingexpressed in term s of
money It includes houserent allowance but does not include
†? value of house accommodation, supply of light,water, medical attendance
†? Value of any other amenity provided, if excludedby Government order
†? Contribution to pension fund or provident fund orinsurance
†? Traveling allowance, special expenses incurred bythe nature of
employment
†? Gratuity payable on discharge.

"%"(/(1.5'&"4.$" %0',$" %8

1.The appropriate government shall fix and revisethe minimum wages payable
to employeesemployed in an employment specified in part
I & II of the Schedule.
2.The rate can be fixed on
a. time work basis
b.piece work basis
c.guaranteed rate basis when rate is fixed on piece work basis and
d. overtime rate basis.

3. Different minimum wage rates can be fixed for

‡ different scheduled employments
‡ different class of work in the same scheduledemployment
‡ adults, adolescents, childrenand apprentices
‡ Different localities.

4. Minimum rates can be fixed on basis of hour, dayor month, or even longer
period.

BASIS: the fixation of minimum wages depends on variousfactors like Socio -

economic and agro-climatic conditions,prices of essential commodities, paying
capacity and thelocal factors influencing the wage rate.

"%"(/(.$' &1.5'00',$" %9


Any minimum rate of wages fixed or revised by theappropriate govt. may
consist of, a basic rate of wages and a special allowance at a
rate to be adjusted at such intervals and in sucha manner as the govt. may direct
OR
‡ A basic rate of wages with or without allowancefor cost of living allowance
based on cost ofliving index number.
OR
‡ An all inclusive rate allowing for basic wage, costof living allowance and cash
value of concession, if any

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1.Committee method : a committee is appointed tohold enquir y and suggest
minimum wages tobe fixed.

2.Notification Method : notification is published inthe official gazette and 2

months period isgiven to different parties to suggest their case.Based on the
representations, the govt. willfixthe minimum wages. Theno tification can apply
from retrospective effect also

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Government is required to constitute AdvisoryBoard to recommend minimum
wages. Therecommendations of Advisory Board are notbinding on government.

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‡It is constituted from persons nominated by centralgovernment.
‡And consist of representatives of employers,employees and independent
members (up to 1/3 rdof the total strength).

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‡ Sec. 11 of Min. Wages Act says that you canonly make the payment in cash.

‡ If it is a custom to make payment wholly orpartly in kind, the appropriate

govt. maypermit it.
‡ It may by notification in
¢? the Official gazette, authorize
¢? the provision of essential
¢? commodities at
¢? Concessional rates.

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‡ Sec. 13: the govt. may fix the hours of work. Itmay provide for rest day and
interval also.

WILL THERE BE OVERTIME?

‡Sec. 14: if minimum wages is fixed by hours,then the workers will be paid
overtime if heworks more than the hours prescribed. Theovertime rate will be as
fixed in this law orother law as applicable.

IF A WORKER WORKS LESS THAN NORMAL HOURS

‡He will receive minimum wages
‡However, he will not receive minimum wagesif he is not willing to work or
circumstancesas may be prescribed.

EMPLOYER TO CLOSE THE UNIT, IF MINIMUM WAGES CANNOT BE PAID«

If employer cannot pay minimum wages, he has to closedown the undertaking.
Paying capacity is not relevantconsideration for rate of minimum wages.
Deepak Photos v. State of Kerala 2001

Minimum wages are payable irrespective of financialposition of individual

employer Hindustan Aeronautics
v. Workmen AIR 1967