{"act":{"id":"child-labour-prohibition-regulation-act-1986","short_title":"The Child Labour (Prohibition and Regulation) Act 1986","long_title":null,"act_number":"61","act_year":1986,"enact_date":null,"enforcement_date":null,"ministry":null,"department":null,"jurisdiction":"Andaman and Nicobar Islands","unit":"section","section_count":22,"in_force":true,"spent":false,"spent_note":null,"duplicate_of":null,"text_source":"ocr","scan_url":"https://indiacode.ecourtsindia.com/scan/9593f7c7-1242-4629-ad07-941161b31467.pdf","url":"https://indiacode.ecourtsindia.com/child-labour-prohibition-regulation-act-1986/"},"unit":"section","section":{"number":"15","heading":"Modified application of certain laws in relation to penalties","text":"(1) Where any person is found guilty and convicted of contravention of any of the g Sec. 16] 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). Sections of the above quoted Acts are reproduced below :--- (i) Section 67 of the Factories Act, 1948: No child who has not completed his fourteenth year shall be required or allowed to work in any factory. (ii) Section 40 of the Mines Act, 1952: (1) After the commencement of the Mines (Amendment) Act, 1983, no person below 18 years of age shall be allowed to work in any mine or part thereof. (2) Notwithstanding anything contained in sub-section (1), apprentices and other trainees, not below sixteen years of age, may be allowed to work, under proper supervision, in a mine or part thereof by the manager: Provided that in case of trainees, other than apprentices, prior approval of the Chief Inspector or an Inspector shall be obtained before they are allowed to work. Explanation .- In this section and in section 43, \"apprentice\" means an apprentice as defined in clause (a) of section 2 of the Apprentices Act, 1961 (52 of 1961). Clause (a) of section 2 of the Apprentices Act, 1961 (52 of 1961) defines \"apprentice\" as: Apprentice means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship. (iii) Section 109 of the Merchant Shipping Act, 1958: No person under fifteen years of age shall be engaged or carried to sea to work in any capacity in any ship, except- (a) in a school ship, or training ship, in accordance with the prescribed conditions; or (b) in a ship in which all persons employed are members of one family; or (c) in a home-trade ship of less than two hundred tons gross; or (d) where such person is to be employed on nominal wages and will be in the charge of his father or other adult near male relative. (iv) Section 21 of the Motor Transport Workers Act, 1961: No child shall be required or allowed to work in any capacity in any motor transport undertaking.","html":"<p>(1) Where any person is found guilty and convicted of contravention of any of the g Sec. 16] provisions mentioned in sub-section (2), he shall be liable to penalties as provided in sub-sections (1) and (2) of section <a href=\"/child-labour-prohibition-regulation-act-1986/section/14/\">14</a> 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 <a href=\"/factories-act-1948-jharkhand/section/67/\">67</a> of the Factories Act, 1948 (63 of 1948); (b) section <a href=\"/mines-act-1952/section/40/\">40</a> of the Mines Act, 1952 (35 of 1952); (c) section 109 of the Merchant Shipping Act, 1958 (44 of 1958); and (d) section <a href=\"/motor-transport-workers-act-1961-jharkhand/section/21/\">21</a> of the Motor Transport Workers Act, 1961 (27 of 1961). Sections of the above quoted Acts are reproduced below :--- (i) Section <a href=\"/factories-act-1948-jharkhand/section/67/\">67</a> of the Factories Act, 1948: No child who has not completed his fourteenth year shall be required or allowed to work in any factory. (ii) Section <a href=\"/mines-act-1952/section/40/\">40</a> of the Mines Act, 1952: (1) After the commencement of the Mines (Amendment) Act, 1983, no person below 18 years of age shall be allowed to work in any mine or part thereof. (2) Notwithstanding anything contained in sub-section (1), apprentices and other trainees, not below sixteen years of age, may be allowed to work, under proper supervision, in a mine or part thereof by the manager: Provided that in case of trainees, other than apprentices, prior approval of the Chief Inspector or an Inspector shall be obtained before they are allowed to work. Explanation .- In this section and in section 43, &quot;apprentice&quot; means an apprentice as defined in clause (a) of section <a href=\"/apprentices-act-1961/section/2/\">2</a> of the Apprentices Act, 1961 (52 of 1961). Clause (a) of section <a href=\"/apprentices-act-1961/section/2/\">2</a> of the Apprentices Act, 1961 (52 of 1961) defines &quot;apprentice&quot; as: Apprentice means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship. (iii) Section 109 of the Merchant Shipping Act, 1958: No person under fifteen years of age shall be engaged or carried to sea to work in any capacity in any ship, except- (a) in a school ship, or training ship, in accordance with the prescribed conditions; or (b) in a ship in which all persons employed are members of one family; or (c) in a home-trade ship of less than two hundred tons gross; or (d) where such person is to be employed on nominal wages and will be in the charge of his father or other adult near male relative. (iv) Section <a href=\"/motor-transport-workers-act-1961-jharkhand/section/21/\">21</a> of the Motor Transport Workers Act, 1961: No child shall be required or allowed to work in any capacity in any motor transport undertaking.</p>","words":437,"text_source":"ocr"},"classification":[],"instruments":[],"judgments":[],"corresponds_to":[],"url":"https://indiacode.ecourtsindia.com/child-labour-prohibition-regulation-act-1986/section/15/","note":null,"source_note":"Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/9593f7c7-1242-4629-ad07-941161b31467.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/f1ff8ae4-802a-4f38-8b20-180a860b766c/content).","judgments_note":"Judgment holdings are the ratio decidendi as extracted from the order by eCourts India, reproduced unaltered. Reported judgments only.","licence":"Published with commentary and other original matter under s.52(1)(q)(ii), Copyright Act 1957."}