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Union of India - Section

Section 17 in The Child Labour (Prohibition And Regulation) Rules, 1988

17. [ Certificate of age. [Substituted by Notification No. G.S.R. 543(E), dated 2.6.2017. (w.e.f. 10.8.1988)]

(1)Where an Inspector has an apprehension that any adolescent has been employed in any of the occupation or processes in which he is prohibited to be employed under section 3A of the Act, he may require the employer of such adolescent to produce to the Inspector a certificate of age from the appropriate medical authority.
(2)The appropriate medical authority shall, while examining an adolescent for issuing the certificate of age under sub-rule (1), take into account -
(i)the Aadhar card of the adolescent, and in the absence thereof;
(ii)the date of birth certificate from school or the matriculation or equivalent certificate from the concerned examination Board of the adolescent, if available, and in the absence thereof;
(iii)the birth certificate of the adolescent given by a corporation or a municipal authority or a Panchayat;
and only in the absence of any of the methods specified in clauses (i) to (iii), the age shall be determined by such medical authority through an ossification test or any other latest medical age determination test.
(3)The ossification test or any other latest medical age determination test shall be conducted on the order of the appropriate authority of the rank of Additional Labour Commissioner, as may be specified by the Central Government in this behalf, and such determination shall be completed within fifteen days from the date of such order.
(4)The certificate of age referred to in sub-rule (1) shall be issued in Form B.
(5)The charges payable to the medical authority for the issue of the certificate of age shall be same as specified by the Central Government or the State Government, as the case may be, for their Medical Boards.
(6)The charges payable to the medical authority shall be borne by the employer of the adolescent whose age is determined under this rule.Explanation. - For the purposes of this rule, -
(i)"medical authority" means a Government medical doctor not below the rank of an Assistant Surgeon of a District or a regular doctor of equivalent rank employed in Employees' State Insurance dispensaries or hospitals;
(ii)"adolescent" means an adolescent as defined in clause (i) of section 2 of the Act.]
17. Certificate of age.- (1) All young persons in employment in any of the occupations set-forth in Part A of the Schedule or in any workshop wherein any of the processes set forth in Part B of the Schedule is carried on, shall produce a certificate of age from the appropriate medical authority, whenever required to do so by an Inspector.(2) The certificate of age referred to in sub-rule (1) shall be issued in Form B.(3) The charges payable to the medical authority for the issue of such certificate shall be the same as prescribed by the State Government or the Central Government, as the case may be, for their respective Medical Boards.(4) The charges payable to the medical authority shall be borne by the employer of the young person whose age is under question.Explanation.- For the purposes of sub-rule (1), the appropriate "Medical Authority" shall be Government medical doctor not below the rank of an Assistant Surgeon of a District or a regular doctor of equivalent rank employed in Employees' State Insurance dispensaries or hospitals.