Section 2 of The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
In this Act, unless the context otherwise requires,-- 1[(i) "adolescent" means a person who has completed his fourteenth year of age but has not completed his eighteenth year;] 2[(ia)] "appropriate Government" means, in relation to an establishment under the control of the Central Government or a railway administration or a major port or a mine or oilfield, the Central Government, and in all other cases, the State Government; 3[(ii) "child" means a person who has not completed his fourteenth year of age or such age as may be specified in the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), whichever is more;]
- (iii)"day" means a period of twenty-four hours beginning at mid-night;
- (iv)"establishment" includes a shop, commercial establishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment;
- (v)"family", in relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual;
- (vi)"occupier", in relation to an establishment or a workshop, means the person who has the ultimate control over the affairs of the establishment or workshop;
- (vii)"port authority" means any authority administering a port;
- (viii)"prescribed" means prescribed by rules made under section 18;
- (ix)"week" means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Inspector;
- (x)"workshop" means any premises (including the precincts thereof) wherein any industrial process is carried on, but does not include any premises to which the provisions of section 67 of the Factories Act, 1948 (63 of 1948), for the time being, apply.
Summary
- An adolescent is someone who has finished their fourteenth year of age but has not yet finished their eighteenth year.
- A child is someone who is under fourteen years old, or an age set by the Right of Children to Free and Compulsory Education Act, whichever age is higher.
- The term "family" for a business occupier includes their spouse, their children, and their brothers or sisters.
- The "appropriate Government" is the Central Government for railways, mines, oilfields, major ports, and central facilities, and the State Government for everything else.
- When the Act mentions rules that are "prescribed", it means rules made specifically under Section 18 of the Act.
- An "establishment" includes places like shops, farms, hotels, restaurants, and theatres.
Practical examples
FAQ
1. Which government handles complaints for a local farm?
The State Government handles it, because the Central Government only handles specific things like railways, mines, and major ports.
2. Does a week have to start on Sunday?
No, a week begins at midnight on Saturday night, or another night if an Inspector approves it in writing.
Test yourself
Q1.Under Section 2 of The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, how is a "child" defined in relation to age?
Q2.Under Section 2 of The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, which of the following falls under the jurisdiction of the Central Government as the "appropriate Government"?
Q3.Under Section 2 of The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, reading together with Section 18, what does the term "prescribed" strictly mean?
Q4.Under Section 2 of The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, who is included in the definition of "family" in relation to an occupier?
Q5.Under Section 2 of The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, how is a "week" defined for the purposes of the Act?