14. Penalties.—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).
7
(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.
14B.Child and Adolescent Labour Rehabilitation Fund.—(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. Rehabilitation of rescued child or adolescent.—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. Compounding of offences.—(1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), 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.
(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
1. Ins. by Act 35 of 2016, s. 19 (w.e.f. 1-9-2016).
8
on the approval of the composition of the offence being given, the person against whom the offence is so
compounded, shall be discharged.]
STATE AMENDMENT
Gujarat
Amendment of section 14D of 61 of 1986.- In the principal Act, in section 14D, in sub-section (1), for the
words “District Magistrate”, the words “District Magistrate, Municipal Commissioner, Director of Labour
or, as the case may be, the Regional Commissioner of Municipalities” shall be substituted.
[Vide Gujarat Act 19 of 2021, s. 3]
15. Modified application of certain laws in relation to penalties.—(1) Where any person is found
guilty and convicted of contravention of any of the provisions mentioned in sub-section (2), he shall be
liable to penalties as provided in sub-sections (1) and (2) of section 14 of this Act and not under the Acts
in which those provisions are contained.
(2) The provisions referred to in sub-section (1) are the provisions mentioned below:—
(a) section 67 of the Factories Act, 1948 (63 of 1948);
(b) section 40 of the Mines Act, 1952 (35 of 1952);
(c) section 109 of the Merchant Shipping Act, 1958 (44 of 1958); and
(d) section 21 of the Motor Transport Workers Act, 1961 (27 of 1961).
16. Procedure relating to offences.—(1) Any person, police officer or Inspector may file a complaint
of the commission of an offence under this Act in any court of competent jurisdiction.
(2) Every certificate as to the age of a child which has been granted by a prescribed medical authority
shall, for the purposes of this Act, be conclusive evidence as to the age of the child to whom it relates.
(3) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any
offence under this Act.
17. Appointment of Inspectors.—The appropriate Government may appoint Inspectors for the
purposes of securing compliance with the provisions of this Act and any Inspector so appointed shall be
deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).
1
[17A. District Magistrate to implement the provisions.—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.
STATE AMENDMENT
Gujarat
Amendment of section 17A of 61 of 1986.— In the principal Act, in section 17A, -
(i) for the words “District Magistrate”, the words “District Magistrate, Municipal Commissioner,
Director of Labour or, as the case may be, the Regional Commissioner of Municipalities”
shall be substituted;
(ii) in the marginal note, for the word “District Magistrate”, the words “District Magistrate,
Municipal Commissioner, Director of Labour or Regional Commissioner of Municipalities”
shall be substituted.
[Vide Gujarat Act 19 of 2021, s. 4]
1. Ins. by Act 35 of 2016, s. 20 (w.e.f. 1-9-2016).
9
17B. Inspection and monitoring.—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.]
18. Power to make rules.—(1) The appropriate Government may, by notification in the Official
Gazette and subject to the condition of previous publication, make rules for carrying into effect the
provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide
for all or any of the following matters, namely:—
1
[(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;]
2
[(b)] the term of office of, the manner of filling casual vacancies of, and the allowances payable
to, the Chairman and members of the 3
[Technical Advisory Committee] and the conditions and
restrictions subject to which a non-member may be appointed to a sub-committee under sub-section (5)
of section 5;
4
[(c)] number of hours for which a 5
[adolescent] may be required or permitted to work under subsection (1) of section 7;
6
[(d)] grant of certificates of age in respect of young persons in employment or seeking
employment, the medical authorities which may issue such certificate, the form of such certificate, the
charges which may be made thereunder and the manner in which such certificate may be issued:
Provided that no charge shall be made for the issue of any such certificate if the application is
accompanied by evidence of age deemed satisfactory by the authority concerned;
7
[(e)] the other particulars which a register maintained under section 11 should contain.
8
[(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 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.]
19. Rules and notifications to be laid before Parliament or State legislature.—(1) Every rule made
under this Act by the Central Government and every notification issued under section 4, shall be laid, as
soon as may be after it is made or issued, before each House of Parliament, while it is in session for a total
period of thirty days which may be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or notification or both Houses agree that the rule
or notification should not be made or issued, the rule or notification shall thereafter have effect only in such
1. Ins. by Act 35 of 2016, s. 21 (w.e.f. 1-9-2016).
2. Clause (a) relettered as clause (b) thereof by s. 21, ibid. (w.e.f 1-9-2016).
3. Subs. by s. 21, ibid., for “Child Labour Technical Advisory Committee” (w.e.f. 1-9-2016).
4. Clause (b) relettered as clause (c) thereof by s. 21, ibid. (w.e.f. 1-9-2016).
5. Subs. by s. 21, ibid., for “child” (w.e.f. 1-9-2016).
6. Clause (c) relettered as clause (d) thereof by s. 21, ibid. (w.e.f. 1-9-2016).
7. Clause (d) relettered as clause (e) thereof by s. 21, ibid. (w.e.f. 1-9-2016).
8. Ins. by Act 35 of 2016, s. 21 (w.e.f. 1-9-2016).
10
modified form or be of no effect, as the case may be; so, however, that any such modification or annulment
shall be without prejudice to the validity of anything previously done under that rule or notification.
(2) Every rule made by a State Government under this Act shall be laid as soon as may be after it is
made, before the legislature of that State.
20. Certain other provisions of law not barred.—Subject to the provisions contained in section 15,
the provisions of this Act and the rules made thereunder shall be in addition to, and not in derogation of,
the provisions of the Factories Act, 1948 (63 of 1948), the Plantations Labour Act, 1951 (69 of 1951) and
the Mines Act, 1952 (35 of 1952).
21. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this
Act, the Central Government may, by order published in the Official Gazette, make such provisions not
inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the
difficulty:
Provided that no such order shall be made after the expiry of a period of three years from the date on
which this Act receives the assent of the President.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before the
Houses of Parliament.
22. Repeal and savings.—(1) The Employment of Children Act, 1938 (26 of 1938) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or
taken under the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be
deemed to have been done or taken under the corresponding provisions of this Act.
[Sections 23 to 26.]—Rep. by the Repealing and Amending Act, 2001 (30 of 2001), s. 2 and the First
Schedule (w.e.f. 3-9-2001).