REGULATION OF CONDITIONS OF WORK OFCentral

Section 10 of THE CHILD AND ADOLESCENT (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

This section explains how to resolve disagreements about the true age of an adolescent worker.
A dispute can happen if the government Inspector and the employer disagree on how old the employed person actually is.
If there is no existing valid age certificate from an official medical authority, the Inspector must take action to settle the argument.
The Inspector resolves this by referring the question to a prescribed medical authority, who will make the final decision on the worker's age.

Practical examples

1During a routine check, an Inspector believes a worker in a textile shop is only 13 years old, but the shop owner claims the boy is 15. Since the boy does not have an official medical certificate of age, the Inspector sends the case to the approved local hospital to scientifically determine the boy's age.

2A factory owner shows an Inspector an age certificate from an unrecognised private clinic claiming a girl is 16. The Inspector disputes this. Because the certificate is not from the legally prescribed medical authority, the Inspector refers the girl to the government doctor to get a binding decision.

FAQ

1. What happens if there is an argument about a worker's age under Section 10 of the Child and Adolescent Labour Act?

Under Section 10 of the Child and Adolescent Labour Act, if the Inspector and occupier disagree about an adolescent's age and lack an official certificate, the Inspector must refer the question to a prescribed medical authority.

2. Who settles age disputes according to Section 10 of the 1986 employment regulations?

According to Section 10 of the 1986 employment regulations, a prescribed medical authority decides the worker's actual age when referred by the Inspector.

3. Can an employer avoid an age dispute under Section 10 of the child labour laws by providing their own doctor's note?

No, Section 10 of the child labour laws requires a certificate specifically granted by the prescribed medical authority to avoid the Inspector referring the dispute for an official medical decision.

Test yourself

Q1.Under Section 10 of the Child and Adolescent (Prohibition and Regulation) Act, 1986, who must refer an age dispute for a medical decision?

Q2.According to Section 10 of the 1986 adolescent labour laws, what condition triggers a mandatory referral to a medical authority during an age dispute?

Q3.Who are the two primary parties involved in an age dispute mentioned in Section 10 of the child and youth work regulations?

Q4.What is the purpose of the prescribed medical authority under Section 10 of the Act?

9PreviousSection 9 Notice to Inspector.11NextSection 11 Maintenance of register.

←Section 9 Section 11→