Sriram Industires is carrying on its operations by employing employees which included even child workers. Refer to the working hours and penalty provisions relating to employment of child workers under the Child and Adol
CS Professional · Labour Laws & Practice · PYQS · June 2024
Sriram Industires is carrying on its operations by employing employees which included even child workers. Refer to the working hours and penalty provisions relating to employment of child workers under the Child and Adolescent Labour (Prohibition and Regulation) Act 1986 ?
Answer & Explanation:
The statutory provisions which shall be compiled with by Sriram Industries employing child workers are contained in the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986. According to Section 2(ii), the "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. Further, Section 2(i) defines the term adolescent which means a person who has completed his fourteenth year of age but has not completed his eighteenth year. Section 3 of the Child and Adolescent Labour (Prohibition and Regulation) Act 1986, provides that no child under the age of 14 shall be employed. However, working hour provisions for adolescents are contained in Section 7 which states that 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. 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. The period of work of an adolescent shall be so arranged that inclusive of his interval for rest, it shall not be spread over more than six hours, including the time spent in waiting for work on any day. No adolescent shall be permitted or required to work between 7 p.m. and 8 a.m. No adolescent shall be required or permitted to work overtime. 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 14 of the Child and Adolescent Labour (Prohibition and Regulation) Act 1986 lays down the penalties for contravention of the Act. It is provided that 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. 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. 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. 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. 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. Whoever 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.
Topics: Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
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