2[(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-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.]
3[(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.]
(3) Whoever— 4* * * * *
1. Subs. by Act 35 of 2016, s. 17, for “children” (w.e.f. 1-9-2016).
2. Subs. by s. 18, ibid., for sub-section (1) (w.e.f. 1-9-2016).
3. Subs. by s. 18, ibid., for sub-section (2) (w.e.f. 1-9-2016).
4. Clauses (a), (b) and (c) omitted by s. 18, ibid. (w.e.f. 1-9-2016).
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(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.
STATE AMENDMENT Gujarat Amendment of section 14 of 61 of 1986.— In the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), in its application to the State of Gujarat (hereinafter referred to as “the principal Act”), in section 14, -
(i) in sub-section (1), for the words “fifty thousand rupees”, the words “one lakh rupees” shall be substituted;
(ii) in sub-section (1A), for the words “fifty thousand rupees”, the words “one lakh rupees” shall be substituted.
[Vide Gujarat Act 19 of 2021, s. 2] 1[14A. Offences to be Congnizable.—Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any offence committed by an employer and punishable under section 3 or section 3A shall be cognizable.