EMPLOYMENT OF

ADOLESCENT
[Link] of employment of children and
adolescent :
(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 prescribed from
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 giving a
reference to such certificate.
(3)Nothing in this sub-section (2), shall apply
to the employment of any adolescent in
any occupation or establishment either as
an apprentice or for the purpose or
receiving vocational training therein;
(4)The Government may, where it is of
opinion that an emergency has arisen and
the public interest so requires, by
notification in the official Gazette, declare
that the provisions of this sub-section (2),
shall not be in operation for such period as
may be specified in this notification.
[Link] of certain agreement in
respect of children : Subject to the
provisions of this Chapter, no person,
being the parent or guardian of a child,
shall make an agreement, to allow the
service of the child to be utilized in any
employment.
Explanation : In this section, ‘guardian’
includes any person having legal custody
of or control over a child.
[Link] as to age :
(1) If any question arises as to whether any person
is a child or an adolescent, the question shall, in
the absence of a certificate as to the age of such
person granted by a registered medical
practitioner, be referred by the Inspector for
decision to a registered medical practitioner.
(2) A Certificate as to age of a person granted by
registered medical practitioner as mentioned in
sub-section (1), shall be conclusive evidence as
to age of the person to whom it relates.
[Link] of fitness :
(1) A registered medical practitioner shall, on the
application of any adolescent or his parent or
guardian or by the employer whether the
concerned adolescent is fit to work in any
occupation or establishment, examine such
person and shall give his decision as to his
fitness :
Provided that when such application is made by
the adolescent or his parent or guardian, the
application shall be accompanied by a document
signed by the employer in whose establishment
the adolescent is an applicant, stating that such
person will be employed if certified to be fit for
work.
(2) Any certificate of fitness granted under
this section shall remain valid for a period
of twelve months from the date on which it
was issued.
(3) Any fee payable for a certificate under
this section shall be paid by the employer
and shall not be recoverable from the
adolescent or his parents or guardians.
 [Link] to require medical examination :
Where an Inspector is of opinion:
(a) that any person working in an establishment is
an adolescent,but he has no fitness certificate,
or
(b) that an adolescent working in an establishment
with a certificate of fitness is no longer fit to work
in the capacity stated therein.
he may serve on the employer a notice requiring
that such adolescent shall be examined by a
registered medical practitioner and may direct
that such adolescent shall not, be allowed to
work he has been so examined and has been
granted a certificate of fitness or has been
certified by the registered medical practitioner
not to be adolescent.
39. Restriction of employment of
adolescent in certain work : No
adolescent shall be allowed in any
establishment to clean, lubricate of adjust
any part of machinery while that part is in
motion or to work between moving parts or
between fixed and moving parts, of any
machinery which is in motion.
[Link] of adolescent on
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 the
machine and the precautions to be observed,
and-
(b)has received sufficient training in work at the
machine, or is under adequate supervision by
a person who has thorough knowledge and
experience of the machine,
(2) This provision shall apply to such
machines as may be notified by the
Government to be of such a dangerous
character that an adolescent ought not to
work at them unless the requirement of
sub-section (1) are complied with.
(3) The Government may form time to time
publish in the official gazette the list such
of hazardous work where, no adolescent
shall be employed.
41. Working hours for adolescent :
(1) No adolescent shall be required or allowed to
work in any factory or mine, for more than five
hours in any day and thirty hours in any week ;
(2) No adolescent shall be required or allowed to
work in any other establishment, for more than
seven hours in any day and forty-two hours in
any week.
(3) No adolescent shall be required or allowed to
work in any establishment between the hours of
7:00 p.m. and 7:00 a.m.
(4) If an adolescent works overtime, the
total number of hours worked, including
overtime, shall not exceed-
a) in any factory or mine, thirty six hours
in any week;
b) in any other establishment, forty eight
hours in any week;
(5) The period of work of an adolescent
employed in an establishment shall be
limited to two shifts which shall not overlap
or spread over more than seven and a half
hours each.
(6)An adolescent shall be employed in only one
of the relays which shall not, except with the
previous permission in writing of the
Inspector, be changed more frequently than
once in a period of thirty days.
(7)The provisions of weekly holiday shall apply
also to adolescent worker, and no exemption
from the provisions of that section shall be
granted in respect of any adolescent.
(8) No adolescent shall be required or
allowed to work in more than one
establishment in any day.
42. Prohibition of employment of
adolescent in underground and
under-water work : No adolescent shall
be employed in any underground or
underwater work.
43. Notice of periods of work for adolescent :
(1) In every establishment in which
adolescent are employed, there shall be
displayed in the manner prescribed by rules,
a notice of specified periods of work for
adolescent.
(2) The periods shown in the notice under
sub-section (1) shall be fixed beforehand in
the manner laid down for adult workers and
shall be such that adolescent working on
those periods would not be working in
contravention of this Act.
(3) The relevant provisions laid down for
adult workers in the occupation or
establishment shall also apply to the
notice under sub-section (1).

(4) The Government may make rules to

prescribe the form of such notice and the
manner in which it shall be maintained.
44. Exception in certain case of
employment of children:
(1) Notwithstanding anything contained in
this Chapter, a child who has completed
twelve year of age, may be employed in
such light work as not to endanger his
health and development or interfere with
his education :
Provided that the hours of work of such
child, where he is school going, shall be so
arranged that they do not interfere with his
school attendance.
(2) All provisions applicable to an adolescent
workers under this Chapter shall
mutatis-mutandis apply to such child
workers.