“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 occupation 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 [PART 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.