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Union of India - Section

Section 3 in The Employment of Children Act, 1938

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 the transport of passengers, goods or mails by railway; or
(b)connected with cinder picking, cleaning of an ashpit of building operation, in the railway premises; or
(c)connected with the work in a catering establishment, at a railway station, involving the movement of a vendor or any other employee of the establishment from one platform to another or into or out of a moving train; or
(d)connected with the work relating to the construction of a railway station or with any other work where such work is done in close proximity to, or between, the railway line; or
(e)connected with a port authority 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 periods of work of such child for any day's are so fixed as to allow an interval of rest for at least 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 herein 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 interests 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 fourteenth year shall be employed, or permitted to work in any workshop wherein any of the processes set forth in the schedule is carried on :Provided that nothing in this sub-section shall apply to any workshop wherein any process is carried on by the occupier with the aid of his family only and without employing hired labour or to any school established by, or receiving assistance or recognition from a State Government.