The CHILD LABOUR (PROHIBITION AND REGULATION) AMENDMENT ACT, 2016

THE CHILD LABOUR (PROHIBITION AND REGULATION)
AMENDMENT ACT, 2016
NO. 35 OF 2016
[29th  July, 2016.]
An Act further to amend the Child Labour (Prohibition and Regulation) Act, 1986.
BE  it enacted by Parliament in the Sixty-seventh Y ear of the Republic of India as
follows:—
1. (1) This Act may be called the Child Labour (Prohibition and Regulation) Amendment
Act, 2016.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. In the Child Labour (Prohibition and Regulation) Act, 1986 (hereinafter referred to as
the principal Act), for the long title, the following shall be substituted, namely:—
“An Act to 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.”.
Short title and
commencement.
Amendment
of long title.
61 of 1986.
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EXTRAORDINARY
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PART II — Section 1
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PUBLISHED  BY  AUTHORITY
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No. 42] NEW DELHI, SATURDAY, JULY 30, 2016/SHRAV ANA 8, 1938 (SAKA)
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Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 30th July, 2016/Shravana 8, 1938 ( Saka)
The following Act of  Parliament received the assent of the President on the
29th July, 2016,  and is hereby published for general information:—
REGISTERED NO. DL—(N)04/0007/2003—16
2 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
3.  In section 1 of the principal Act, in sub-section ( 1), for the words, brackets and
figures “the Child  Labour (Prohibition and Regulation) Act, 1986”,  the words, brackets and
figures “the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986” shall be
substituted.
4. In section 2 of the principal Act,—
(a) clause (i) shall be renumbered as clause (ia) thereof and before clause (ia) as
so renumbered, the following clause shall be inserted, namely:—
‘(i) “adolescent” means a person who has completed his fourteenth year
of age but has not completed his eighteenth year;’;
(b) for clause (ii), the following clause shall be substituted, namely:—
‘(ii) “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;’.
5. For section 3 of the principal Act, the following section shall be substituted, namely:—
“3. (1) No child shall be employed or permitted to work in any occupation or
process.
(2) Nothing in sub-section (1) shall apply 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).’’.
6. After section 3 of the principal Act, the following section shall be inserted, namely:—
“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.’’.
Amendment
of short title.
Amendment
of section 2.
Substitution
of new
section for
section 3.
Prohibition of
employment
of children in
any occupa-
tion and
process.
Insertion of
new section
3A.
Prohibition of
employment
of adolescents
in certain
hazardous
occupations
and processes.
61 of  1986.
35 of  2009.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
7. In section 4 of the principal Act, for the words “add any occupation or process to the
Schedule”, the words “add to, or, omit from, the Schedule any hazardous occupation or
process” shall be substituted.
8. In section 5 of the principal Act,—
(i) in the marginal heading, for the words ‘‘Child Labour Technical Advisory
Committee’’, the words ‘‘Technical Advisory Committee’’ shall be substituted;
(ii) in sub-section ( 1), for the words ‘‘Child Labour Technical Advisory
Committee’’, the words ‘‘Technical Advisory Committee’’ shall be substituted.
9. In the heading of Part III of the principal Act, for ‘ ‘CHILDREN’’ substitute
‘‘ADOLESCENTS.’’.
10. In section 6 of the principal Act, for the word and figure ‘‘section 3’’, the word,
figure and letter ‘‘section 3A’’ shall be substituted.
11. In section 7 of the principal Act, for the word ‘‘child’’, wherever it occurs, the word
‘‘adolescent’’ shall be substituted.
12. In section 8 of the principal Act, for the word ‘‘child’’, the word ‘‘adolescent’’ shall
be substituted.
13. In section 9 of the principal Act, for the word ‘‘child’’, at both the places, where it
occurs, the word ‘‘adolescent’’ shall be substituted.
14. In section 10 of the principal Act, for the word ‘‘child’’, at both the places, where it
occurs, the word ‘‘adolescent’’ shall be substituted.
15. In section 11 of the principal Act,—
(a) for the word ‘‘children’’, the word ‘‘adolescent’’ shall be substituted.
(b) for the word ‘‘child’’, wherever it occurs the word ‘‘adolescent’’ shall be
substituted.
16. In section 12 of the principal Act,—
(a) in the marginal heading, for the words and figures ‘‘sections 3 and 14’’ the
words, figures and letter ‘‘sections 3A and 14’’ shall be substituted;
(b) for the words and figures ‘‘sections 3 and 14’’, the words, figures and letter
‘‘sections 3A and 14’’ shall be substituted.
17. In section 13 of the principal Act, for the word ‘‘children’’, wherever it occurs, the
word ‘‘adolescent’’ shall be substituted.
18. In section 14 of the principal Act,—
(a) for sub-section (1), the following sub-sections shall be substituted, namely:—
“(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.
(IA) 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:
Amendment
of section 4.
Amendment
of section 5.
Amendment
of Part III.
Amendment
of section 6.
Amendment
of section 7.
Amendment
of section 8.
Amendment
of section 9.
Amendment
of section 10.
Amendment
of section 11.
Amendment
of section 12.
Amendment
of section 13.
Amendment
of section 14.
4 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
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-sections ( 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.".
(b) for sub-section (2), the following sub-sections shall be substituted, namely:—
“(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.".
(c) clauses (a), (b) and (c) of sub-section (3) shall be omitted.
19. After section 14 of the principal Act, the following sections shall be inserted,
namely:—
“14A. 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.
14B. (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-sections ( 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 Union
territory under article 239A of the Constitution.
14C. 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.
14D. (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.
Insertion of
new sections
14A, 14B,
14C and 14D.
Child and
Adolescent
Labour
Rehabilitation
Fund.
Rehabilita-
tion of
rescued child
or adolescent.
Compounding
of offences. 2 of 1974.
2 of 1974.
Offences to be
Congnizable.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
(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 this Act.
(3) 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.
(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.".
20. After section 17, the following sections shall be inserted, namely:—
“17A. 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.
17B. 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.”.
21. In section 18 of the principal Act, in sub-section (2),—
(i) clause (a) shall be relettered as clause (b) thereof and before clause (b), as so
relettered, the following clause shall be inserted, 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;
(ii) in clause (b), as so relettered, for the words "Child Labour Technical Advisory
Committee", the words “Technical Advisory Committee” shall be substituted.
(iii) clauses (b), (c) and (d) shall be relettered as clauses (c), (d) and (e) thereof
and in clause (c) as so relettered, for the word "child", the word "adolescent" shall be
substituted;
(iv) after clause ( e), as so relettered, the following clauses shall be inserted,
namely:—
"(f) 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 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.”.
Insertion of
new sections
17A and 17B.
District
Magistrate to
implement
the
provisions.
Inspection
and monitor-
ing.
Amendment
of section 18.
22.  In the principal Act, for the Schedule, the following Schedule shall be substituted,
namely:—
‘THE  SCHEDULE
(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.’. 63 of 1948.
Substitution
of new
Schedule for
the Schedule.
————
DR. G . NARAY ANA RAJU,
Secretary to the Govt. of  India.
GMGIPMRND—2030GI(S3)—30-07-2016.
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD,  NEW DELHI
AND PUBLISHED BY THE CONTROLLER OF  PUBLICA TIONS, DELHI—2016.
6 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II— SEC. 1]

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