Section 10 of The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
If any question arises between an Inspector and an occupier as to the age of any 1[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 1[adolescent] granted by the prescribed medical authority, be referred by the Inspector for decision to the prescribed medical authority.
Summary
- If an Inspector and an employer disagree about how old an adolescent worker is, a formal medical process is triggered.
- First, they check if there is an official age certificate already issued by a prescribed medical authority (a government-approved doctor).
- If such a medical certificate already exists, that certificate settles the dispute immediately.
- If there is no certificate available, the Inspector must officially refer the case to the prescribed medical authority to decide the adolescent's true age.
Practical examples
FAQ
1. What happens if an employer and an Inspector disagree on an adolescent's age?
If they disagree and lack paperwork, the question must be referred to a prescribed medical authority for a binding decision.
2. Who is legally responsible for sending the case to the medical authority?
The Inspector is the one who must refer the dispute for decision to the prescribed medical authority.
3. Can they skip the medical check if they already have paperwork?
Yes, if the employer already has a certificate of age granted by the prescribed medical authority, that existing certificate is accepted and no new medical referral is needed.
Test yourself
Q1.Under Section 10 of The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, who has the authority to officially decide a disputed age if no prior certificate exists?
Q2.Under Section 10 of The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, what immediately prevents an Inspector from needing to refer an age dispute to a medical authority?
Q3.Under Section 10 of The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, between which two parties must a dispute arise to trigger this specific medical referral process?
Q4.Under Section 10 of The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, whose responsibility is it to officially refer the age dispute for a medical decision?