The Employment to the Children Act No XXVI, 1938

1938

as modified by Act LIII of 1974

An Act to regulate the employment of children in certain industrial employments;

It is hereby enacted a follows :-

1. Short title and extent

(1) This Act may be called the Employment to the Children Act, 1938.

(2) It extends to the whole of Bangladesh.

2. Definitions.

In this Act

a) "competent authority" in respect of a major port, as defined in the Ports Act, 1908, and in respect
of the railway as defined in the Railways Act, 1890, means the Government;

b) "occupier" of a workshop means the person who has ultimate control over the affairs of the
workshop ;

bb) "Port authority" means a body of Port Commission or any other authority administering a port;

c) "Prescribed" means prescribed by rules made under this Act;

d) "workshop" means any premises (including the precincts thereof) where in any industrial process
is carried on, but does not include any premises to which the provisions of [section 66 of the
Factories Act, 1965, for the time being apply.

Note: Clauses (b), (c) and (d) added by the Employment of Children (Amdt.) Act, 1939 and clause
(bb) inserted by the Employment of Children (Amdt.) Act, 1951.

3. Prohibition of employment of children in certain occupations

(1) No child who has not completed his fifteenth year shall be employed or permitted to work in any
occupation -

a) connected with transport of passengers, goods or mails by railway; or

b) involving the handling of goods within the limits of any port.

(2) No child who has completed his fifteenth year but has not completed his seventeenth year shall
be employed or permitted to work in any occupation referred to in sub-section (1), unless the period
of work of such child for any day are so fixed as to allow an interval of rest twelve consecutive hours
which shall include at least such seven consecutive hours between 10 p. m and 7 a.m. as may be
prescribed :
Provided that nothing in this sub-section shall apply to any child referred to here in while employed
or permitted to work in such circumstances and in accordance with such conditions as may be
prescribed in any occupation aforesaid either as an apprentice or for the purpose of receiving
vocational training therein.

Provided further that the competent authority 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 shall not be in operation for such period as may be specified in the
notification.

(3) No child who has not completed his twelfth year shall be employed that a nothing in this sub-
section shall apply to any workshop where in any of the processes set forth in the Schedule is
carried on :

Provided that nothing in this sub-section shall apply to any workshop where in any process is
carried on by the occupier with the aid of his family and without employing hired labour or to any
school established by, or receiving assistance or recognition from, Government.

3A. Power to amend the Schedule

The Government, after giving, by notification in the official Gazette, not less three months' notice of
its intention so to do, may, by like notification, add any description of process to the Schedule, and
there up on the Schedule shall have force in Bangladesh as if it has been enacted accordingly.

3B. Notice to Inspector before carrying on work in certain processes

Before work in any of the processes set forth in the Schedule is carried on in any workshop after the
1st day of October, 1939, the occupier shall send to the Inspector, within whose local limits the
workshop is situated, a written notice containing:

a) the name and situation of the workshop,

b) the name of the person in actual management of the workshop,

c) the address to which communications relating to the workshop should be sent, and

d) the nature of the processes to be carried on in the workshop.

3C. Disputes as to age.

If any question arises between an Inspector and an employer as to whether any child has not
completed his twelfth or fifteenth year, as the case may be, the question shall , in the absence of a
certificate as to the age of such child, granted by a prescribed medical authority, be referred by the
Inspector for decision to the prescribed medical authority.

Note: Section 3A, 3B and 3C inserted by the Employment of Children Act, 1939.

3D. Maintenance of register.

There shall be maintained by every employer, in respect of children employed or permitted to work
in pursuance of sub-section (2) of section 3 in any occupation referred to in sub-section (1) of that
section, a register to be a available for inspection by an Inspector at all times during working hours
or when working is being carried on in any such occupation, showing:

a) the name and date of birth of every child who has not completed his seventeenth year so
employed or permitted to work :
b) the periods of work of any such child and the intervals of rest to which he is entitled ;

c) the nature of work of any such child ; and

d) such other particulars as may be prescribed.

Note: Sections 3D and 3E inserted by the Employed of Children (Amendment) Act, 1951.

3E. Display of notice containing abstract of sections 3 and 4. [ The railway] administration and
every port authority shall cause to be displayed in a conspicuous and accessible place at every
station on the railway or with in the limits of the port, as the case may be, a notice in such language
as may be prescribed and in (Bengali ] containing an abstract of sub- sections, (I) and (2) of section
3 and section 4 of this Act..

4. Penalty.

Whoever:

a) employs any child or permits any child to work in contravention of the provisions of section 3 ; or

b) fails to give notice as required by section 3B and section 3E ; or

c) fails to maintain a register as required by section 3D or makes any false entry in any such
register; shall be punishable with the fine which may extend to Taka five hundred.

Note: Section 4 substituted by the Employment of Children (Amdt.) Act, 1951.

5. Procedure relating to offences.

(1) No prosecution under this Act shall be instituted except by or with the previous sanction of an
inspector appointed under section A.

(2) Every certificate as to the age of a child which has been granted by a prescribed medical
authority shall, for the purposes to this Act, be conclusive evidence as to the age of the child to
whom it relates.

(3) No Court inferior to that of a Magistrate of the first class shall be try any offence under this Act.

6. Appointed of Inspectors.

The competent authority may appoint persons to be Inspectors for the purpose of securing
compliance with the provisions of this Act. and any Inspector so appointed shall be deemed to be a
public servant within the meaning of the Penal Code (XLI of 1860)

7. Power to make rules.

(1) The competent authority may, by notification in the official Gazette and subject to the condition
of previous publication make rules for carrying into effect the provisions of this Act.

(2) In particular and without prejudice to the generality of the fore going power, such rules may -

a) regulate the procedure of Inspectors appointed under section 6 ;

b) make provision for the grant of certificates of age in respect of young persons in employment or
seeking employment, the medical authorities which may issue such certificates, the charges which
may be made therefor, and the manner in which such certificates may he issued.
Provided that no charge shall be made for the issue of any such certificate if the application is
accompanied by evidence of age deemed satisfactory by the authority concerned:

c) fix the seven consecutive hours between 10 p.m. and 7 a.m. for the purpose of sub-section (2) of
section 3 ;

d) specify the circumstances in which and the conditions subject to which a child may be employed
or permitted to work either as an apprentice or for the purpose of receiving vocational training in any
occupation referred to in sub-section (1) of section 3 ;

e) specify any other particulars to be entered in the register maintained under section 3D;

f) Specify the language in which a notice referred to in section 3B and 3E shall he published ; and

g) provide for exemption from the provisions of sub-section (2) of section 3 in case of an emergency
which could not have been controlled foreseen, which is not of a periodical character and which
interferes with the normal working of any occupation referred to in sub-section (1) of section 3.

THE SCHEDULE

(See sections 3,3A and 3B)

List of Processes

1. Bidi-making.

2. Carpet-weaving.

3. Cement manufacture, including bagging of cement.

4. Cloth- printing, dying weaving.

5. Manufacture of matches, explosives and firework.

6. Mica-cutting and splitting.

7. Shellac manufacture.

8. Soap manufacture.

9. Tanning.

10. Wool cleaning.

Note: Clauses (e) to (g) added by the employment of Children (Amdt.) Act, 1951 and Schedule
added by Act XV of 1939.