CHILDREN (PLEDGING OF LABOUR) ACT, 1933

2 of 1933

An Act to prohibit the pledging of the labour of children. Whereas it is expedient to prohibit the making of agreements to pledge the labour of children, and the employment of children whose labour has been pledged; It is hereby enacted as follows:

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT

(1) This Act may be called the Children (Pledging of Labour) Act, 1933.

1[(2) It extends to the whole of India.]2[***']

(3) This section and sections 2-and3-shall come into force at once, and the remaining sections of this Act shall come into force on the first day of July,1933.

SECTION 02: DEFINITIONS

In this Act, unless there is anything repugnant in the subject or context,- "an agreement to pledge the labour of a child" means an agreement, written or oral, express or implied, whereby the parent or guardian of a child, in return for any payment or benefit received or to be received by him, undertakes to cause or allow the services of the child to be utilised in any employment: Provided that any agreement made without detriment to a child, and not made in consideration of any benefit other than reasonable wages to be paid for the child's services, and terminable at not more than a week's notice, is not an agreement within the meaning of this definition; "Child" means a person who is under the age of fifteen years; and "guardian” includes any person having legal custody of or control over a child.

SECTION 03: AGREEMENTS CONTRARY TO THE ACT TO BE VOID

An agreement to pledge the labour of a child shall be void.

SECTION 04: PENALTY FOR PARENT OR GUARDIAN MAKING AGREEMENT TO PLEDGE THE LABOUR OF A CHILD

Whoever, being the parent or guardian of a child, makes an agreement to pledge the labour of that child, shall be punished with fine which may extend to fifty rupees.

SECTION 05: PENALTY FOR MAKING WITH A PARENT OR GUARDIAN AN AGREEMENT TO PLEDGE THE LABOUR OF A CHILD

Whoever makes with the parent or guardian of a child an agreement whereby such parent or guardian pledges the labour of the child shall be punished with fine which may extend to two hundred rupees.

SECTION 06: PENALTY FOR EMPLOYING A CHILD WHOSE LABOUR HAS BEEN PLEDGED

Whoever, knowing or having reason to believe that an agreement has been made to pledge the labour of a child, in furtherance of such agreement employed such child, or permits such child to be employed in any premises or placed under his control, shall be punished with fine which may extend to two hundred rupees.

1. Substituted for former sub-section (2) by A.O. 1950 and the Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970.

2. The words "except the State of Jammu and Kashmir" omitted by the Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970. Earlier sub-section (2) was amended by the Part B States (Laws) Act, 1951.