Section 4 of THE CHILD AND ADOLESCENT (PROHIBITION AND REGULATION) ACT, 1986
The Central Government, after giving by notification in the Official Gazette, not less than three months’ notice of its intention so to do, may, by like notification,
3[add
to, or, omit from, the Schedule any hazardous occupation or process] and thereupon the Schedule shall be
deemed to have been amended accordingly. 5.
4[Technical Advisory Committee].—(1) The Central Government may, by notification in the Official Gazette, constitute an advisory committee to be called the
4[Technical Advisory Committee]
(hereafter in this section referred to as the Committee) to advise the Central Government for the purpose of addition of occupations and processes to the Schedule.
- (2)The Committee shall consist of a Chairman and such other members not exceeding ten, as may be appointed by the Central Government.
- (3)The Committee shall meet as often as it may consider necessary and shall have power to regulate its own procedure.
- (4)The Committee may, if it deems it necessary so to do, constitute one or more sub-committees and may appoint to any such sub-committee, whether generally or for the consideration of any particular matter, any person who is not a member of the Committee.
- (5)The term of office of, the manner of filling casual vacancies in the office of, and the allowances, if
↩1.Subs. by Act 35 of 2016, s. 5, for section 3 (w.e.f. 1-9-2016).
↩2.Ins. by s. 6, ibid. (w.e.f. 1-9-2016).
↩3.Subs. by s. 7, ibid., for “add any occupation or process to the Schedule” (w.e.f. 1-9-2016).
↩4.Subs. by s. 8, ibid., for “Child Labour Technical Advisory Committee” (w.e.f. 1-9-2016).
any, payable to, the Chairman and other members of the Committee, and the conditions and restrictions
subject to which the Committee may appoint any person who is not a member of the Committee as a member of any of its sub-committees shall be such as may be prescribed.
Summary
- The single most important thing this section does is grant the Central Government the power to change the official list of dangerous jobs, known as the Schedule.
- It allows the Central Government to both add new dangerous occupations to the list and remove existing ones from it.
- It requires the government to announce any planned changes to the list publicly by publishing a notification in the Official Gazette, the government's official journal.
- It mandates that the government must give a minimum of three months of notice before making any official change to the Schedule.
Practical examples
FAQ
1. Who has the power to change the list of hazardous jobs under Section 4 of the Child and Adolescent Labour Prohibition and Regulation Act, 1986?
Under Section 4 of the Child and Adolescent Labour Prohibition and Regulation Act, 1986, the Central Government has the exclusive power to amend the Schedule.
2. How much notice must the government give before changing the Schedule under Section 4 of the Child and Adolescent Labour Prohibition and Regulation Act, 1986?
Section 4 of the Child and Adolescent Labour Prohibition and Regulation Act, 1986 requires the Central Government to give not less than three months of notice of its intention to change the Schedule.
3. Can the government only add items to the Schedule under Section 4 of the Child and Adolescent Labour Prohibition and Regulation Act, 1986?
No, Section 4 of the Child and Adolescent Labour Prohibition and Regulation Act, 1986 allows the Central Government to either add to, or omit from, the Schedule any hazardous occupation or process.
Test yourself
Q1.How much advance notice must the Central Government give before changing the list of dangerous jobs under Section 4 of the Child and Adolescent Labour Prohibition and Regulation Act, 1986?
Q2.Where must the government publish its intention to change the Schedule according to Section 4 of the Child and Adolescent Labour Prohibition and Regulation Act, 1986?
Q3.What actions can the Central Government take regarding the Schedule under Section 4 of the Child and Adolescent Labour Prohibition and Regulation Act, 1986?
Q4.If the Central Government uses its power under Section 4 of the Child and Adolescent Labour Prohibition and Regulation Act, 1986 to add a process to the Schedule, how does this affect adolescents mentioned in Section 3A?