ACT NO. 2 OF 1933 1*
[24th February, 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:–
1. Short title, extent and commencement.
1. Short title, extent and commencement.- (1) This Act may be
called the Children (Pledging of Labour) Act, 1933.
2*[(2) It extends to the whole of India 3***.]
(3) This section and sections 2 and 3 shall come into force at
once, and the remaining sections of this Act shall come into force on
the first day of July, 1933.
2. Definitions.
2. 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 an 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.
———————————————————————
1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of
1963, s. 2 and Sch. I; Pondicherry by Reg. 7 of 1963, s. 3 and
Sch. I and Laccadive, Minicoy and Amindivi Islands by Reg. 2 of
1970, s. 2 and Sch.
2. Subs. by the A. O. 1950, for sub-section (2).
3. The words “except the State of Jammu and kashmir” omitted by Act
51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971).
86
3. Agreements contrary to the Act to be void.
3. Agreements contrary to the Act to be void.- An agreement to
pledge the labour of a child shall be void.
4. Penalty for parent or guardian making agreement to pledge the labourof a
child.
4. 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.
5. Penalty for making with a parent or guardian an agreement to pledgethe
labour of a child.
5. 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.
6. Penalty for employing a child whose labour has been pledged.
6. 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 employs such child, or permits such child to be employed in
any premises or place under his control, shall be punished with fine
which may extend to two hundred rupees.