CHAPTER 8

Employment of Adolescent
SECTION 34. RESTRICTIONS ON
EMPLOYMENT OF CHILDREN AND
ADOLESCENTS

(1) No child shall be employed or permitted to work in any

occupation or establishment.

(2) No adolescent shall be employed or permitted to work in

any occupation or establishment, unless
(a) a certificate of fitness in the form prescribed by rules, and granted to
him by a registered medical practitioner is in the custody of the
employer ; and
(b) he carries, while at work, a token containing a reference to such
certificate.
SECTION 34. RESTRICTIONS ON
EMPLOYMENT OF CHILDREN AND
ADOLESCENTS

(3) Nothing of sub-section (2) shall apply to the employment

of any adolescent in any occupation or establishment either
as an apprentice or for receiving vocational training.
SECTION 34. RESTRICTIONS ON
EMPLOYMENT OF CHILDREN AND
ADOLESCENTS

(3) Nothing of sub-section (2) shall apply to the employment

of any adolescent in any occupation or establishment either
as an apprentice or for receiving vocational training.
SECTION 35. RESTRICTION ON CERTAIN
AGREEMENTS IN RESPECT OF CHILDREN
Subject to the provisions of this Chapter, no parent or
guardian of a child shall make an agreement with any one
allowing the child to be appointed for any work.

Explanation: In this section, ''guardian'' shall include a

legal custodian of a child or any person having authority
over a child.
SECTION 36. DISPUTE AS TO THE AGE

If any question arises as to whether any person is a child or

an adolescent it shall be resolved on the basis of birth
registration certificate or school certificate or a certificate
issued by a registered medical practitioner certifying the age
of the concerned person.
SECTION 37. CERTIFICATE OF FITNESS.
(1) A registered medical practitioner shall, on a request made
by any adolescent or his parent or guardian or by an
employer for examining whether the adolescent is fit to
work in any occupation or establishment, examine the
adolescent and give decision as to his fitness:
Provided that when such application is made by any
adolescent or his parent or guardian, the application shall be
accompanied by a letter signed by the employer in whose
establishment the adolescent is an applicant for employment
stating that such adolescent shall be employed if he is
certified to be fit for work.
SECTION 37. CERTIFICATE OF FITNESS.

(2) A certificate of fitness granted under this section shall

remain valid for a period of 12 (twelve) months from the
date on which it was issued.
SECTION 39. DECLARATION OF LIST OF
HAZARDOUS WORK AND RESTRICTIONS ON
EMPLOYMENT OF ADOLESCENTS IN
CERTAIN WORK.

(1) The Government shall, by notification in the official

Gazette, declare, from time to time, a list of hazardous work.

(2) No adolescent shall be employed in any work declared by

the Government as hazardous.
SECTION 39. DECLARATION OF LIST OF
HAZARDOUS WORK AND RESTRICTIONS ON
EMPLOYMENT OF ADOLESCENTS IN
CERTAIN WORK.

(3) No adolescent shall be allowed to clean, lubricate or adjust

any machinery of any establishment while it is in motion or
to work between moving parts or between the fixed and
moving parts of such machinery.
SECTION 40. EMPLOYMENT OF ADOLESCENT
IN THE WORK 2[OR HAZARDOUS WORK] OF
DANGEROUS MACHINES

(1) No adolescent shall work at any machine, unless

(a) he has been fully instructed as to the dangers arising in
connection with such machine and the precautions to be
observed in this respect; and

(b) he has received sufficient training to work at the machine,

or is under supervision of a person who has thorough
knowledge and experience of the machine.
SECTION 41. WORKING HOUR FOR
ADOLESCENT

(1) No adolescent shall be allowed to work in any factory or

mine for more than 5 (five) hours in any day and 30 (thirty)
hours in any week.

(2) No adolescent shall be allowed to work in any other

establishment for more than 7 (seven) hours in any day and
42 (forty two) hours in a week.

(3) No adolescent shall be allowed to work in any

establishment between 7.00 O’CLOCK in the evening and
7.00 O’CLOCK in the morning.
SECTION 41. WORKING HOUR FOR
ADOLESCENT
(4) If an adolescent works overtime, the total number of hours
worked including overtime shall not exceed
(a) in any factory or mine, 36 (thirty six) hours in a week;
(b) in any other establishment, 48 (forty eight) hours in a week.
(5) The period of work of an adolescent employed in an
establishment shall be limited to 2 (two) shifts, and the
period of any shift shall not exceed more than 7(seven and a
half) hours.
SECTION 41. WORKING HOUR FOR
ADOLESCENT
(6) An adolescent may be employed in one relay only and this
shall not, except with the previous permission, in writing, of
the Inspector, be changed more than once in a period of 30
(thirty) days.
(7) The provisions relating to weekly holidays under this Act
shall apply also to the adolescent workers and the operation
of this provision shall not be suspended in respect of the
adolescent workers.
(8) No adolescent shall be allowed to work in more than one
establishment in a day.
SECTION 42. PROHIBITION OF EMPLOYMENT
OF ADOLESCENT IN UNDERGROUND AND
UNDER
WATER.
No adolescent shall be employed in any work in the
underground or underwater.
SECTION 43. NOTICE OF PERIOD OF WORK
FOR ADOLESCENT
(1) In an establishment where adolescents are employed, there
shall be displayed in the manner prescribed by rules, a notice
relating to working hours of adolescents with reference to
specific time of their work.
SECTION 44. EXCEPTION IN CERTAIN CASES
IN THE EMPLOYMENT OF CHILD WORKERS
1[AND
HANDICAPPED WORKERS
(1) Notwithstanding anything contained in this Chapter, a child
who has completed 12 (twelve) years of age, may be
employed in such a light work which is not dangerous to his
health and development or shall not interfere with his
education:
Provided that if the child is a school going one, the working
hour of him shall be so arranged that it does not interfere
with his attendance in the school.
SECTION 44. EXCEPTION IN CERTAIN CASES
IN THE EMPLOYMENT OF CHILD WORKERS
1[AND
HANDICAPPED WORKERS

(2) All provisions of this Chapter applicable to an adolescent

worker shall, mutatis-mutandis, apply to such child workers
2[and handicapped workers.

(3) No handicapped worker shall be employed in the work of a

dangerous machine or hazardous work.