. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 INTRODUCTION Almost one third of the world population comprises children. Therefore, they deserve to be cared and protected to keep up and improve posterity. They are an important component of the social structure and the potential future careers of culture. Social justice, therefore, demands justice to children. The need for providing protection and safeguards to children have first been stated in the Geneva Declaration of the Rights of the Child, 1924 and was recognised in the Universal Declaration of Human Rights, 1948 and in the Statutes of specialised agencies of U.N.O. Art. 25 of the Universal Declaration of Human Rights, 1948 provides that "motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection". Rights to free and compulsory elementary education to children is assured by Article 26. The Declaration of the Rights of Child, 1959 A concrete step has been taken through the Declaration of the Rights of the child in 1959 which aims that the child may have a happy childhood and enjoy for his own good and for the good of the society, the rights set forth in the Declaration. The Preamble of the Declaration expresses concern of the International Community for child welfare. The child by reason of his physical and mental immaturity, needs special safeguards and care. It also calls upon Parents, upon men and women as individuals, and upon voluntary organisations, local authorities and national Governments to recognise children rights and strive for their observance by legislative and other measures. These rights which the General Assembly of the United Nations calls upon to be recognised and implemented by the National Governments are contained in the following Ten Principles of the Declaration, fe (1) The child shall enjoy and shall be entitled to the rights set forth in ‘ese principles without any distinction or descrimination. (2) It also ensures pbecial protection and facilities for proper and integrated development of uman personality. (3) The child shall be entitled from his birth to a name and nationality. (4) Special care and protection shall be provided to the child and his other so that the child can grow and develop in health. For this purpose he ® no right to adequate nutrition, housing, recreation and medical services: See ld handicapped in any manner deserves special treatment, education Sa er ne to his condition. (6) For proper development of his personality 0) The all be ensured of love, atmosphere of affection and material security: shall also be entitled to free and compulsory education to promote (1068 )‘The Child and Adolescent Labour (Proibition and Reguiation) Act, 1988 1069 his ral fe Seca terre and enable him to develop his abilities on a basis of equal protection and ae ; a Le in all circumstances be among the first to receive cruelty and exploitation Fi le shall be protected against all forms of neglect, shall not be admitted te, coe not be subjected to traffic in any form and engaged in any emplo employment before an appropriate age. He shall not be interfere with his th eae which would prejudice his health or education or also be protected on ic pe or moral development. (10) The child shall form of discrimination ‘actices which may foster racial, religious and any other yarn eonvention on the Rights of Child, 1989 e ; Anniversary of the (oa beeen made in the year 1969, which marked the 30th ‘Anniversary of the internath re of the Rights of the Child and the 10th General Assembly adopted ional year of the child, when on 20th November the ea sembly adopted an international convention on the rights of child inding i ed by the General Assembly President Joseph N. Garba as a binding piece of international legislation. The convention needs to be ratified b 20 countries before it comes into force. Prior to bei age the aeribty the draft of the C . 7 to being placed before the assembly ra e Convention was approved by the Economic and Social Council and the commission on Human Rights during their sessions in 1989. The Preamble to the convention states that a child "needs special safeguards and care including. appropriate legal protection before as well as after birth”. Some of the main points of the convention are— ' By The convention defines a ‘child’ as "every human being below the age of 18 years. _ 2. Every child has the inherent right to life, to a name, to acquire a nationality and, "as for as possible, the right to know and be cared for by his or her parents". 3. Children shall have the right to freedom of expression, thought, conscience and religion, association and peaceful assembly, education, rest and leisure, social security, the highest attainable standard of health" and a standard of living "adequate for his or her physical, mental, spiritual, moral and social development". 4. Children shall not be separated from their parents against their will. States parties will respect the responsibilities, rights and duties of parents, deal with family reunification "in a positive humane and expeditious manner", and combat the illicit transfer and non-return of children abroad. 5. Children shall be protected from economic exploitation and from hazardous work, drug use and trafficking, sexual exploitation and sexual abuse, and “all other forms of exploitation prejudicial to any aspects of the child welfare”. 6. A minority or indigenous child shall not be denied the right to his or her own culture, religion or language. 7. A mentally or physically disabled child should enjoy a full and decent life. 8. A child who is capable of forming his or her own views should have the right to express those views freely in all matters affecting the child, including any judicial and administrative proceedings.Labour and Industrial Laws, 1070 ild shall be subjected to torture or other cruel, inh desing tester or punishment. Capital ie or life impriso, ae ‘hall not be enforced for offences comm d by persons under 18 ve t SI 10. States Parties will establish "a minimum age below which ial shall be presumed not to have the capacity to infringe the penal law", n 11. State Parties shall take "all feasible measures" so that children und 15 "do not take direct part in hostilities and "shall refrain from recruiting” et into their armed forces. ; : into 42. The best interest of the child shall be "the paramount consideration tion. for ee are a total of 35 Articles in this convention and the above Teprese, only some salient features of them. A committee on the Rights of the «ett made up of 10 experts, is to be established to monitor compliance ai convention provisions. It is heartening to note that the convention has bee ratified by more than two third of the total members of the U.N,O, wine period of about half of the decade. The ratification requires a country to ay all its laws into line with the convention. ig Rights of Child and the Indian Constitution The Indian Constitution was drafted almost at the same time when the "Universal Declaration of Human Rights" was adopted and the framers of the Indian constitution were influenced by the concept of human rights. The Indian constitution guarantees most of human rights which were later on embodied in the two Covenants in 1966. Legally enforceable or justiciable rights are contained in Part I and non-justiciable rights are contained in part IV of the Indian Constitution. Part IV of the Constitution casts a duty upon the State to direct its policy towards securing inter-alia that the tender age of the children are not abused and that they are not forced by economic necessity to accept avocations unsuited to their age or strength.’ The States shall also ensure appropriate opportunities to the children for proper development of their personality.? The State is further directed to provide for free and compulsory education for all children until the age of 14 years.’ The framers of the Indian Constitution thought it prudent to ensure at least the minimum rights to children which they considered essential for Proper development of human personality and therefore children have been guaranteed certain fundamental rights. Article 23 of the Constitution prohibits traffic in human being and begar and other similar forms of forced labour. ‘Traffic in human beings’ means selling and buying men and women like goods and includes immoral traffic in women and children for immoral or other purposes.‘ Article 23 protects the individual not only against the States but also against private citizens. Article 24 of the Constitution prohibits employment of children below the age of 14 years in a factory or mine or other management in any other hazardous employment. : The idea of protecting the interest and promoting the welfare of the weaker + Constitution of India, 1950, Article 39(e). - Ibid., Art. 39(f). . Ibid., Art. 45. - Raj Bahadur v. Legal Remembrancer, AIR 1953 Cal 522. 9. Pere‘Tre Ord end Adcescert Labor (tition ard Regition) A, 1986 1071 tions of the society was so dominant in the mind of the Constituti that they excluded from the mischief ofthe equality dlause enchiines nto 45, the special provisions which the States may make for women and children! International standards regarding child labour have been prescribed by UN. Covenants and Conventions and more detailed conventions have been adopted by the International Labour Organisation. Steps have been taken to jmplement these conventions in our country through various labour Acts of Parliament, Acts of State Legislatures, Regulations made in pursuance to the statutes and memoranda of guidance addressed to local authorities and public agencies. All these contribute in some way in achieving the objective of roviding social and economic justice to children of the society. There are a fairly large number of labour laws in our country and the Child Labour (Prohibition and Regulation) Act, 1986 is one of such important legislations. By way of an amendment in 2016, the short title of the Act has been amended and now it is called "the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986". Therefore, the scope of the Act has been enlarged. 1. Constitution of India, 1950, Article 150).PART | PRELIMINARY 7 j scope.—There are a number of enactments wp; a a ee years and 15 years of src prohibit, the employm there is no procedure laid Bs a in specified employments. However, ther prc id down in rl Pe deciding in which employments, occupations or Processes the any ead ta of children should be banned. There is also no law to Tegulate the working « conditions of children in most of the employments where they are not prohibited from working and are working under exploitative Conditions, Therefore the Child Labour (Prohibitions and Regulation) Act, 1986 has been enacted to prohibit the engagement of children in certain employments and to regulate the conditions of work of children in certain other employments, This Act seeks to achieve the following objects : ; (i) To ban the employment of children, i.e., those who have not completed their fourteenth year, in specified occupations and processes; : (ii) To lay down a procedure to decide modifications to the Schedule of banned occupations or processes; (iii) To regulate the conditions of work of children in employments where they are not prohibited from working; (iv) To lay down enhanced penalties for employment of children in violation of provisions of this Act, and other Acts which forbid the employment of children; (v) To obtain uniformity in the definition of "child" in the related laws, In view of sub-section (2) of Section I this Act extends to the whole of India. Section 1(3) provides that the provisions of this Act other than Part I, shall come into force at once, and Part III shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States and for different classes of establishments. The short title of the Act was amended in 2016 and now it is called as the child and Adolescent Labour (Prohibition and Regulation) Act, 1986. As a consequence of the amendment, the engagement of children is prohibited in all occupations. The engagement of adolescent is also prohibited in hazardous occupations. Section 2. Definitions.—In this Act, unless the context otherwise requires,— (i) ‘adolescent’ means a person who has completed his fourteenth year of age but has not completed his eighteenth year. (ia) “appropriate Government" means in relation to an establishment under the control of the Central Government or a_ railway administration or a major port or a mine or oilfield, the Central (1072 )Te tide Alesse Latur tina Repti) A, 185 Government, and in all other cases, (i) "child" means a person who has not ii) “day means a period of twenty-four hours beginning at midni ght; (iv) "establishment" includes a shop, commercial a ; identi fablishment, workshoj farm, residential hotel, restaurant, eatin house, th " Ps of public amusement or entertainment. theatre or other place (v) "family", in relation to an occupier, a the individual, the wif husband, as the case may be, of such indivi Pace brother or sister of stich Ihdifituah individual, and their children, (vi) “occupier”, in relation to an establishment or a workshop, means the person who has the ultimate control over the affairs of the establishment or workshop; (vii) "port authority" means any authority administering a port; (viii) "prescribed" means prescribed by rules made under Section 18; (x) "week" means a period of seven days beginning at mid-night on Saturday night or such other night as may be approved in writing for a particular area by the Inspector; (x) "workshop" means any premises (including the precincts thereof) wherein any industrial process is carried on, but does not include any premises to which the provisions of Section 67 of the Factories Act, 1948 (63 of 1948), for the time being, apply.» PART II PROHIBITION OF EMPLOYMENT OF’CHILDREN IN ANY OCCUPATION AND PROCESS Section 3. Prohibition of employment of children in an; ' process-—Section 3 of the Act prohibits employment of hides wt occupation and process. It provides as under’ : a any (1) No child shall be empl ‘tte i a (1) ee ployed or permitted to work in any occupation or (2) Nothing in sub-section (1) shall apply where the child— (a) helps his family or family enterprise, which is other than hazardous occupations or processes set forth in the Schedule after his school hours or during vacations; ule, ‘ (b) works as an artist in an audio-visual entertainment i . including advertisement, films, television serials a eek 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 shal education of the child. oo 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; (©) “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). In Manilal Dayal Ji & Company and Others v. Competent Authority and Inspector under Child Labour and Others; the High Court has held that the proviso to Section 3 of the Act unequivocally declares that the mischief created under the provision in the main section is not applicable to any workshop wherein any process is carried on by the occupier with the aid of his family. There is also no dispute about the practice prevalent in Beedi manufacturing that Gharkhata workers are usually employed by the Beedi manufacturers. In some cases, the house of such Gharkhata workers has been treated to be part of establishment of Beedi manufacture. A child engaged by such parents who happens to be a Gharkhata worker or the employee who has no control over Gharkhata worker cannot be held responsible for violating the provisions contained in Section 3 of the Act. 1. Substituted by way of any amendment in 2016. 2. 2015 Il LL} 433 (Chhat). ( 1074 )‘The Enrployees! Compensation Ac, 1923 4 ‘. 1 shiee Section 3A.' Prohibition of employment of adolescents in certain hazardous occupations and processes.—No adolescent shall be employed or om io wor in any of the hazardous occupations or processes set forth in 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. Section 4. Power to amend the Schedule—The Central Government, after giving by notification in the Official Gazette, not less than three months’ notice of its intention so to do, may, by like notification, add to, or, omit from, the Schedule any hazardous occupation or process and thereupon the Scheduled shall be deemed to have been amended accordingly. Section 5. Technical Advisory Committee.—(1) The Central Government may, by notification in the Official Gazette, constitute an advisory committee to be called the Technical Advisory Committee (hereafter in this section referred to as the Committee) to advise the Central Government for the purpose of addition of occupations and processes to the Schedule. (2) The Committee shall consist of a Chairman and such other members not exceeding ten, as may be appointed by the Central Government. (3) The Committee shall meet as often as it may consider necessary and shall have power to regulate its own procedure. (4) The Committee may, if it deems it necessary so to do, constitute one or more sub-committees and may appoint to any such sub-committee, whether generally or for the consideration of any particular matter, any person who is not a member of the Committee. (6) The term of office of, the manner of filling casual vacancies in the office of, and the allowances, if any, payable to, the Chairman and other members of the Committee, and the conditions and restrictions subject to which the Committee may appoint any person who is not a member of the Committee as a member of any of its sub-committees shall be such as may be prescribed. — 1. Inserted by way of an amendment in 2016.PART Ill REGULATION OF CONDITIONS OF WORK OF ADOLESCENTS Section 6. Application of Part—The provisions of this Part shall apply to an establishment or a class of establishments in which none of the occupations or processes referred to in Section 3A is carried on. : Section 7. Hours and period of work.—(1) No adolescent shall be required or permitted to work in any establishment in excess of such number of hours as may be prescribed for such establishment or class of establishments. (2) The period of work on each day shall be so fixed that no period shall exceed three hours and that no adolescent shall work for more than three hours before he has had an interval for rest for at least one hour. (3) The period of work of a adolescent shall be so arranged that inclusive of his interval for rest, under sub-section (2), it shall not be spread over more than six hours, including the time spent in waiting for work on anyday. (4) No adolescent shall be permitted or required to work between 7 p.m. and 8 a.m. . 6) No adolescent shall be required or permitted to work overtime. (6) No adolescent shall be required or permitted to work in any establishment on any day on which he has already been working in another establishment. Section 8. Weekly holidays—Every adolescent employed in an establishment shall be allowed in each week, a holiday of one whole day, which day shall be specified by the occupier in a notice permanently exhibited in a conspicuous place in the establishment and the day so specified shall not be altered by the occupier more than once in three months. Section 9. Notice to Inspector.—(1) Every occupier in relation to an establishment in which a adolescent was employed or permitted to work immediately before the date of commencement of this Act in relation to such establishment shall, within a period of thirty days from such commencement, send to the Inspector within whose local limits the establishment is situated, a written notice containing the following particulars, namely *— (a) the name and situation of the establishment; (b) the name of the person in actual management of the establishment; ~ (©) the address to which communications relating to the establishment should be sent; and (d) the nature of the occupation or process carried on in the establishment. (2) Every occupier, in relation to an establishment, who employs, or permits to work, any adolescent after the date of commencement of this Act in relation to such establishment, shall, within a period of thirty days from the date of such employment, send to the Inspector within whose local limits the establishment is situated, a written notice containing the particulars as are mentioned in sub-section (1). Explanation —For the purposes of sub-sections (1) and (2), “date of (1076 )‘The Child and Adolescent Labour (Profibition and Reguition) Act, 1986 1077 mmencement of this Act, in relation to an establishment" means the date of pringing into force of this Act in relation to such establishment, (3) Nothing in Sections 7, 8 and 9 shall apply to any establishment wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, Government. : Section 10. Disputes as to age—tIf any question arises between an Inspector and an occupier as to the age of any adolescent who is employed or is permitted to work by him an establishment, the question shall, in the absence of a certificate as to the age of such adolescent granted by the prescribed medical authority, be referred by the Inspector for decision to the prescribed medical authority. Section 11. Maintenance of register.—There shall be maintained by every occupier in respect of adolescent employed or permitted to work in any establishment, a register to be available for inspection by an Inspector at all times during working hours or when work is being carried on in any such establishment, showing— (a) the name and the date of birth of every adolescent so employed or permitted to work; (b) hours and periods of work of any such adolescent and the intervals of rest to which he is entitled; (©) the nature of work of any such adolescent; and (d) such other particulars as may be prescribed. Section 12. Display of notice containing abstract of Sections 3A and 14.—Every railway administration, every port authority and every occupier shall cause to be displayed in a conspicuous and accessible place at every station on its railway or within the limits of a port or at the place of work, as the case may be, a notice in the local language and in the English language containing an abstract of Sections 3A and 14. Section 13. Health and safety—(1) The appropriate Government may, by notification in the Official Gazette, make rules for the health and safety of the adolescent employed or permitted to work in any establishment or class of establishments. . (2) Without prejudice to the generality of the foregoing provision, the said may provide for all or any of the following matters, namely :— (a) cleanliness in the place of work and its freedom from nuisance; (b) disposal of wastes and effluents; (c) ventilation and temperature; (d) dust and fume; (©) artificial humidification; () lighting; (g) drinking water; (h) latrine and urinals; (i) spittoons; : @) fencing of machinery; (k) work at or near machinery in motion; (employment of adolescent on dangerous machines; Tules1078 Labour and Industrial Laws (m) instructions, training: and supervision in relation to employment of adolescent on dangerous machines; (n) device for cutting off powers; (0) self-acting machines; (p) easing of new machinery; (q) floor, stairs and means of access; (x) pits, sumps, openings in floors, etc.; (s) excessive weights; (t) protection of eyes; (u) explosive or inflammable dust, gas, etc.; (v) precautions in case of fire; (w) maintenance of buildings; and (x) safety of buildings and machinery.PART IV MISCELLANEOUS Section 14! Penalties—(1) 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 be punished unless they permit such child for commercial purposes in contravention of the provisions of section 3. (1A) 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. (1B) Notwithstanding anything contained in sub-section (1) and (1A) 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. (2) 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. - (2A) Notwithstanding anything contained in sub-section (2), 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. (8) Whoever :— (a) omitted (b) omitted (c) omitted (d) fails to comply with or contravenes any other provisions of this Act or the rules made thereunder, shall be punishable with simple imprisonment which may extend to one month or with fine which may extend to ten thousand rupees or with both. ___ In Hemendra Bhai v. State of Chattisgarh, the applicant was a partner of a firm, namely, Dayalal Meghji & Co. carrying on business of manufacturing and Selling of bidis at Raipur. In pursuance to the directions of the Supreme Court a poe | Le. | » 1. Amended by the Child Labour (Prohibition and Regulation) Amendment Act, 2016 (No. 35 of 2016). 2. (2003) I LLY 645 (Chhat.). ( 1079 )1080 : Labour end Industrid Lans surveyor inspected the house of one Santosh Sahu of village Datranji, District, Raipur and found one boy, named Kevra aged about 11 years making bidis. On being asked Santosh told him that bidis were made for the above firm (ie, Dayalal Meghji & Co.). The surveyor submitted a report to Assistant Labour Commissioner and he issued a show cause notice to the firm directing it to deposit Rs. 20,000 as per directions of the Supreme Court and also to provide education to children working in bidi manufacturing on the premises of the firm. The firm challenged the demand notice and the Madhya Pradesh High Court, Jabalpur by an order dated March 23, 1998 directed the firm to appear before the officer concerned and the officer was directed to provide opportunity of hearing to the applicant and the demand notice was stayed till disposal of the. representation. On 30th April, 1998 another show cause notice was issued to the firm calling upon to show cause as to why the amount of Rs. 20,000 be not recovered from the firm. The firm made a detailed representation on May 13, 1998. The Inspector appointed under the Child Labour (Prohibition and Regulation) Act, 1986 submitted a charge-sheet before the Chief Judicial Magistrate, Raipur for the Commission of offence under Section 14 of the Act against the petitioner showing him as employer. In this petition the said criminal proceedings were sought to be quashed under Section 482 of the Criminal Procedure Code. The High Court quashed the proceedings for following reasons : (i) the trial Magistrate has not applied his mind to the facts and the law applicable to the present case; (i) the firm had not employed the child as labourer in any workshop where its bidi making was carried on. The workers were supplied raw materials and they rolled bidis in their respective houses taking assistance of their children. The firm had no control or supervision. over the work of those workers; (iii) if the house of the worker was treated as workshop under the definition in Section 2(x) of the Act, then the worker who, was the owner of the house became the occupier under Section 2(vi); (iv) Lastly there was no document or material to show that the child labourer in question was below 14 years of age. In Ram Chander v. State of U.P., the petitioner was prosecuted under the Child Labour (Prohibition and Regulation) Act, 1986 for having employed a Person below 12 years in his carpet loom. To justify a conviction under Section 14(1) of the Act the age of person employed must be proved to be below 14 years and the burden to prove that is on the prosecution. In this revision application filed by the applicant against his conviction and sentence under Section 14(1) of the Act for having employed a person below 14 years the trial and appellate courts below had cast that burden on the accused applicant. The High Court held that the burden to prove the age of person employed was on _ the prosecution under Section 14(1) of the Act and that burden had not been discharged by the prosecution. Hence the revision was allowed. In Raj Kumar Tiwari v. State and others? the petitioner employer was alleged to have employed a child below 14 years of age and was imposed a penalty of 1. (2002) I LL 907 (AIL). 2. (2003) TI] LLJ 1045 (MP).The Child and Adolescent Labour (Prohibition and Reguiation) Act, 1986 1081 20,000/-. The petitioner challenged the order on the ground 7 passed without inquiry. The High Court found that an ine a put it was sine qua non for application of Section 14 of the Child Labour (Prohibition and Regulation) Act, 1986 that the child/ person employed must be pelow 14 years of age. The impugned order itself indicated that the child was 14 years old. No finding was recorded in the said order that the child was below 14 years. Under the circumstances, the impugned order was set aside by the High Court as being bad in law. In Raj Homes Put. Limited v. State of M.P. and another} the petitioner was involved in selling of the houses and the labourers were employed by the contractors. The Assistant Labour Commissioner, Bhopal issued a show cause notice to the petitioner for violation of Section 3 of the Child Labour (Prohibition ‘and Regulation) Act, 1986. The petitioner challenged the order of the concerned authority to pay Rs. 20,000 per labour and also to release the child labourer in his employment. In case the petitioner does not deposit the amount it shall be considered as disobedience of the order passed by the Supreme Court and the amount shall be recovered as an arrear of land revenue. The petitioner in this petition contended that proper inquiry has not been conducted before passing the impugned order. Evidence should have been recorded and also that order has not been passed within six months. He also pleaded that opportunity of hearing should be granted and a speaking order should be passed. The High Court dismissed the petition and held, on facts, that opportunity of hearing had been afforded in the case and the impugned order was perfectly in accordance with law. Section 14-A? Offences to be cognizable—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. Section 14-B° Child and Adolescent Labour Rehabilitation Fund —(1) _ The appropriate Government shall constitute a Fund in every district or for two or more districts to be called the Child and Adolescent Labour Rehabilitation Fund to which the amount of the fine realized from the employer of the child and adolescent, within the jurisdiction of such district or districts, shall be credited. (2) The appropriate Government shall credit an amount of fifteen thousand rupees to the Fund for each child or adolescent for whom the fine amount has been credited under sub-section (1). (3) The amount credited to the Fund under sub-section (1) and (2) shall be deposited in such banks or invested in such manner, as the appropriate Government may decide. (4) The amount deposited or invested, as the case may be under sub-section (3), and the interest accrued on it, shall be paid to the child or adolescent in whose favour such amount is credited, in such manner as may be Prescribed. Explanation—For the purposes of appropriate Government, the Central Government shall include the Administrator or the Lieutenant Governor of a 1, (2003) MI LLY 626 (MP). 2. Inserted by way of an amendment in 2016. 3. Inserted by way of an amendment in 2016.1082 Labour and Industrial Laws i i i Constitution. Union territory under article 239A of the t Section 14-C.' Rehabilitation of rescued child or adolescent.—The child who is employed’in contravention of the provisions of this Act adolescent, t ol habilitated in accordance with the laws for the time and rescued, shall be rel being in force. Section 14-D.2 Compounding of _offences.—(1)_ 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. (2) 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 the Act. (3) Where any offence is compounded before the institutions 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. (4) 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. Section 15. Modified application of certain laws in relation to penalties—(1) Where any person is found guilty and convicted of contravention of any of the provisions mentioned in sub-section (2), he shall be liable to penalties as provided in sub-sections (1) and (2) of Section 14 of this Act and not under the Acts in which those provisions are contained. (2) The provisions referred to in sub-section (1) are the provisions mentioned below :-— (a) Section 67 of the Factories Act, 1948 (63 of 1948); (b) Section 40 of the Mines Act, 1952 (35 of 1952); (c) Section 109 of the Merchant Shipping Act, 1958 (44 of 1958); and (d) Section 21 of the Motor Transport Workers Act, 1961 (27 of 1961). Section 16. Procedure relating to offences.—(1) Any person, police officer or Inspector may file a complaint of the commission of-an offence under this Act in any court of competent jurisdiction. (2) Every certificate as to the age of a child which has been granted by a prescribed medical authority shall, for the purposes of this Act, be conclusive evidence as to the age of the child to whom it relates. (3) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Act. Meaning of complaint—The word ‘complaint’ as used in this section has a wide meaning since it includes even an oral allegation. No particular form of complaint is prescribed. But a complaint must be an allegation prima facie 1. Inserted by way of an amendment in 2016. 2. Inserted by way of an amendment in 2016.es Labour (Protibiton and Reguation) Act, 1986 1083 disclosing the necessary facts that are necessa: i It is on the basis of these facts that the ie eoeoanes wee! 7 27 Section v. Appointment of inspectors—The appropriate Government may appoint Inspectors for the purposes 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 Indian Penal Code (45 of 1860). Section 17-A’ District Magistrate to implement the provisions.—The appropriate Government may confer such powers and impose such duties on a District Magistrate as may be necessary, to ensure that the provisions of this Act are properly carried out and the District Magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer as may be prescribed. Section 17-B. Inspection and monitoring.—The appropriate Government shall make or cause to be made periodic inspection of the places at which the employment of children is prohibited and hazardous occupations or processes are carried out at such intervals as it thinks fit, and monitor the issues. relating to the provisions of this Act. Section 18. Power to make rules—{(1) The appropriate Government 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 (2) In particular and without prejudice to the generality of the foregoing power, such’rules may provide for all or any of the following matters, namely = (a) the conditions and the safety measures under clause (b) of sub-section (2) and other activities under clause (b) to Explanation of sub-section (2) of section 3; (b) the terms of office of, the manner of filling casual vacancies of, and the allowances payable to, the Chairman and members of the Technical d the conditions and restrictions subject to Advisory Committee anc which a non-member may be appointed to a sub-committee under sub-section (5) of section 5; (©) number of hours for which an adolescent may be required or permitted to work under sub-section (1) of section 7; (d) grand of certificates of age in respect of young persons in employment ‘or seeking employment, the medical authorities which may issue such certificate, the form of such certificate, the charges which may be made thereunder and the manner in which such certificate may be 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; (e) the other particulars which a register maintained under section 11 should contain; 1, (1970) 1 SCC 665. 2. Inserted by the Chil 3. Inserted by the Chil Jd Labour (Prohibition and Regulation) Amendment Act, 2016. id Labour (Prohibition and Regulation) Amendment Act, 2016.1084 Labour and Industrial Laws () the manner of payment of amount to the child or adolescent under sub-section (4) of section 14B; (g) the manner of composition of the offence and payment of amount to the appropriate Government under sub-section (1) of section 14D; (h) the powers to be exercised and the duties to be performed by the officer specified and the local limits within which such powers or duties shall be carried out under section 17A. Section 19. Rules and notifications to be laid before the Parliament or State legislature—(1) Every rule made under this Act by the Central Government and every notification issued under Section 4, shall be laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may. be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. (2) Every rule made by a State Government under this Act shall be laid as soon as may be after it is made, before the legislature of that State. Section 19 deals with the effect of failure to place the rules before houses of Parliament. In Jan Mohan v. State of Gujarat,’ the validity of the rules framed was challenged on the ground that the rules were not placed before the Legislature at its first session and as such they were not valid, it was held that the rules were valid from the date on which they were made and failure to place them before the Houses of Legislature did not affect the validity of the rules. Section 20. Certain other provisions of law not barred.—Subject to the provisions contained in Section 15, the provisions of this Act and the rules made thereunder shall be in addition to, and not in derogation of, the provisions of the Factories Act, 1948 (63 of 1948), the Plantations Labour Act, 1951 (69 of 1951), and the Mines Act, 1952 (35 of 1952). Section 21. Power to remove difficulties—(1) If any difficulty arises in giving effect to the provisions of this Act the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty ; Provided that no such order shall be made after the expiry of a period of three years from the date on which this Act receives the assent of the President. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Houses of Parliament. Section 22. Repeal and savings—(1) The Employment of Children Act, 1938 (26 of 1938), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken or Purported to have been done or taken under the Act so repealed shall, in so far 1. AIR 1966 SC 385.The Crild and Acclescent Labour (Prbititin and Regulor) Act, 1986 4085 as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act. When an Act is repealed, it is the same thing as if it had never existed except with reference to such parts as are saved by the repealing statute.’ Section 23. Amendment of Act 11 of 1948.—In Section 2 of the Minimum Wages Act, 1948,— (i) for clause (a), the following clauses shall be substituted, namely :— (a) ‘adolescent’ means a person who has completed his fourteenth year of age but has not completed his eighteenth year; : (aa) ‘adult’ means a person who has completed his eighteenth year of age;"; (ii) after clause (b), the following clause shall be inserted, namely :— “(bb) ‘child’ means a person who has not completed his fourteenth’ year of age"; Section 24. Amendment of Act 69 of 1951.—In the Plantations Labour Act, 1951,— (a) in Section 2, in clauses (a) and (c), for the word "fifteenth", the word "fourteenth" shall be substituted; (b) Section 24 shall be omitted; (©) in Section 26, in the opening portion, the words "who has completed his twelfth year" shall be omitted. Section 25. Amendment of Act 44 of 1958.—In the Merchant Shipping Act, 1958, in Section 109, for the word “fifteen", the word “fourteen” shall be substituted. Section 26. Amendment of Act 27 of 1961.—In the Motor Transport Workers Act, 1961, in Section 2, in clauses (a) and (c), for the word "fifteenth", the word "fourteenth" shall be substituted. The Schedule (See Section 3A) (1) Mines. 7 (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. 1. Waheed Hasan Khan v. State, AIR 1960 Bom 299.