Strict Law to deal with Child Labour employment notified :Takeaway

By | August 1, 2016
(Last Updated On: August 1, 2016)

Child Labour (Prohibition & Regulation) Amendment Act 2016

Child Labour Prohibition & Regulation Amendment Act 2016

Key Takeaway from Child Labour Prohibition & Regulation Amendment Act 2016

  • This act  prohibit the engagement of children in all occupations and to prohibit the engagement of adolescents in hazardous occupations and processes and the matters connected therewith or incidental thereto.”.
  • As per Child Labour (Prohibition & Regulation ) Amendment Act 2016 ,  “adolescent” means a person who has completed his fourteenth year of age but has not completed his eighteenth year;’;
  • As per Child Labour (Prohibition & Regulation ) Amendment Act 2016 , “child” means a person who has not completed his fourteenth year of age or such age as may be specified in the Right of Children to Free and Compulsory Education Act, 2009, whichever is more;’.
  • ‘THE SCHEDULE for  hazardous  occupations and processes. (See section 3A)(1) Mines.

    (2) Inflammable substances or explosives.

    (3) Hazardous process.

    Explanation.—For the purposes of this Schedule, “hazardous process” has the meaning assigned to it in clause (cb) of the Factories Act, 1948.’.

  • Prohibition of employment  of children in any occupation and process. [section 3]
    •  No child shall be employed or permitted to work in any occupation orExcept  where the child,—(a) helps his family or family enterprise, which is other than any hazardous occupations or processes set forth in the Schedule, after his school hours or during vacations;

      (b) works as an artist in an audio-visual entertainment industry, including advertisement, films, television serials or any such other entertainment or sports activities except the circus, subject to such conditions and safety measures, as may be prescribed:

      Provided that no such work under this clause shall effect the school education of the child.

      Explanation.—For the purposes of this section, the expression,

      (a) ‘‘family’’ in relation to a child, means his mother, father, brother, sister and father’s sister and brother and mother’s sister and brother;

      (b) ‘‘family enterprise’’ means any work, profession, manufacture or business which is performed by the members of the family with the engagement of other persons;

      (c) ‘‘artist’’ means a child who performs or practices any work as a hobby or profession directly involving him as an actor, singer, sports person or in such other activity as may be prescribed relating to the entertainment or sports activities falling under clause (b) of sub-section (2)

      Imprisonment  and Penalty :–  Whoever employs any child or permits any child to work in contravention of the provisions of section 3 shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years, or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both:

      Provided that the parents or guardians of such children shall not bepunished unless they permit such child for commercial purposes in contravention of the provisions of section 3.

  • Prohibition of employment of adolescents  in certain  hazardous  occupations and processes. [section 3A]No adolescent shall be employed or permitted to work in any of the hazardous occupations or processes set forth in the Schedule:

    Provided that the Central Government may, by notification, specify the nature of the non-hazardous work to which an adolescent may be permitted to work under this Act.’’.

Imprisonment  and Penalty :– Whoever employs any adolescent or permits any adolescent to work in contravention of the provisions of section 3A shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both:

Provided that the parents or guardians of such adolescent shall not be punished unless they permit such adolescent to work in contravention of the provisions of section 3A.

  • Imprisonment  and Penalty  in case of First Offence :- the parents or guardians of any child or adolescent referred to in section 3 or section 3A, shall not be liable for punishment, in case of the first offence.”.
  • Imprisonment  and Penalty  in case of subsequent Offence : –Whoever, having been convicted of an offence under section 3 or section 3A commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years.However the parents or guardian having been convicted of an offence under section 3 or section 3A, commits a like offence afterwards, he shall be punishable with a fine which may extend to ten thousand rupees.”.
  • Offences to be Congnizable. : Notwithstanding anything contained in the Code of Criminal Procedure,1973, any offence committed by an employer and punishable under section 3 or section 3A shall be cognizable.
  •  Rehabilitation of rescued child or adolescent .:The child or adolescent, who is employed in contravention of the provisions of this Act and rescued, shall be rehabilitated in accordance with the laws for the time being in force.
  • Compounding of offences.Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the District Magistrate may, on the application of the accused person, compound any offence committed for the first time by him, under sub-section (3) of section 14 or any offence committed by an accused person being parent or a guardian, in such manner and on payment of such amount to the appropriate Government, as may be prescribed.

    If the accused fails to pay such amount for composition of the offence, then,the proceedings shall be continued against such person in accordance with the provisions of this Act.

    Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded.

    Where the composition of any offence is made after the institution of any prosecution, such composition shall be brought in writing, to the notice of the Court in which the prosecution is pending and on the approval of the composition of the offence being given, the person against whom the offence is so compounded, shall be discharged.”.

 

Related Post : Child Labour (Prohibition and Regulation) Amendment Act 2016 Notified

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