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

By -
THE CHILD LABOUR (PROHIBITION AND REGULATION)
AMENDMENT ACT, 2016

Some Important Provisions w.e.f. 29th July, 2016

This act prohibits 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.

Meaning of Child and adolescents

Child means a person who has not completed his fourteenth year of age or such age as may be specified in the Right.

As per the Amendment child shall not be employed or permitted to work in any occupation or processes, except;

 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.

Family Means - His mother, father, brother, sister and father’s sister and brother and mother’s sister and brother.

Family Enterprise - means any work, profession, manufacture or business which is performed by the members of the family with the engagement of other persons.

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.

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.

Whereas no work mention above shall effect the school education of the child.

Adolescent means a person who has completed his fourteenth year of age but has not completed his eighteenth year.

An adolescent shall not 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.

Where any employers employs any child/ adolescent or permits any child/ adolescent to work in contravention of the provisions mention above 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 /adolescent shall not be punished unless they permit such child for commercial purposes in contravention of the provisions.

Offences committed under this act are a cognizable offence and it is compoundable, Compounding power vested with District Magistrate for the first time on an application of the accused person/family
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.

 Appropriate Government, the Central Government shall include the Administrator or the Lieutenant Governor of a Union territory under article 239A of the Constitution.

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 prescribe.

Disclaimer: The entire contents of above document have been prepared on the basis of THE CHILD LABOUR (PROHIBITION AND REGULATION) AMENDMENT ACT, 2016.  Whereas deep care has been taken by author to ensure the correctness and completeness of the information provided.
                           This is nothing but a knowledge sharing initiative by author and author do not intend to accost any business or profession.
CS Sanoj Kumar
Mob No:-8285189599
Cssanoj.Icsi@Gmail.Com


Comments

Post a Comment

Popular posts from this blog

Foreign Trade Policy

By -
Image
Foreign Trade Policy (2015-20)  The new Foreign Trade Policy 2015-20 was unveiled by Commerce & Industry Minister, Mrs. Nirmala Sitharaman on 1st April 2015. It provides a framework for increasing exports of goods and services as well as generation of employment and increasing value addition in the country, in keeping with the “Make in India” vision of Prime Minister. The focus of the new policy is to support both the manufacturing and services sectors, with a special emphasis on improving the ‘ease of doing business’. The new foreign trade policy aims at increasing exports of goods and services to 900 billion by 2019-20, from $466 billion in 2013-14. It seeks to raise India’s share in world exports from existing 2% to 3.5% in near future . Highlights The foreign trade policy, 2015-20 may be categorized into following three parts for better understanding: A. Simplification and Merger of Reward Schemes The existing reward schemes have been merged into tw...
Read more

NCLT and NCLAT Provisions under Companies Act, 2013

By -
Sanoj Kumar (CS Management Trainee) ANALYSIS OF NOTIFICATION, 01 DAY OF JUNE 2016, REGARDING PROVISIONS OF ACT WHICH COME INTO FORCE. **************************************************************************************** Ministry of Corporate affairs wide Notification 01 June, 2016 constitutes National Company Law Tribunal and National Company Law Appellate Tribunal, and S.J Mukhopadhaya, retd. Judge of Supreme Court joins as the Chairperson of NCLAT while M.M Kumar, Judge (Retd.) joins as the President of NCLT. With the constitution of the NCLT, the Company Law Board constituted under the Companies Act, 1956 stands dissolved. Initially, NCLT will have eleven Benches, Two at New Delhi and one each at Ahmedabad, Allahabad, Bengluru, Chandigarh, Chennai, Guwahati, Hyderabad,Kolkata and Mumbai. With the constitution of NCLT & NCLAT, Central Government exercise the power conferred by section 1(3) of Companies Act, 2013 notify the following sections of Companies A...
Read more

Initial Public Offer meaning and Eligibility Norms

By -
Image
Sanoj Kumar (CS Management Trainee) E-mail: cssanoj.icsi@gmail.com Meaning An initial public offering, or IPO, is the first sale of stock by a company to the public. A company can raise money by issuing either debt or equity . (In simple word; when a company first time publicly sells their shares in the open market) Qualification for listing Eligibility Norms for making an IPO Eligibility Norm I (Profitability Route) A). Net Tangible assets of at least Rs. 3 Crores in each of the preceding three full years of which;                               Not more than 50% held are in monetary assets.       However, limit of 50% on monetary assets shall not be applicable in case the public offer is made entirely through offer for sale. B). Minimum of Rs. 15 Crores as average pre-tax operating pro...
Read more