Amendment status not verified — confirm the current text below against the official source.
Modified application of certain laws in relation to penalties.-(1) Where any person is found guilty and convicted Of contravention of any of the I I I I ' I I i Sec. 16] The Child Labour (Prohibition and Regulation) Act, 1986 7 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 pl"Ovisions 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 2l of the Motor Transport Workers Act, 1961 (27 of 1961). COMMENTS S!;'ctions of the above quoted Acts are reproduced below>- (i) Section 67 of the Factories Act, 19-!8: No child who hils not completed his fomte-enth ye<~r 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 pero.on below 18 years of age shall be allowed to work in any mine or pdrt thereof. (2) Notwithstanding anything contained in sub-section (1), apprentices <Jnd other trainees, not below sixteen years of <~ge, may be allowed to work, under proper supervision, in a mine or parl thereof by the manager: Provided that in case of trainees, other th,1n apprentices, prior <1pproval of the Chief Inspector or an Inspector sh.:lil be obtained before they are al!owed to work. Explrmntion.-In this section <111d 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 1\ct, 1961 (52 of 1961) defines "apprentice" i!S: 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 shaH be engaged or carried lo ~ea to work in any capacity in any ship, exccpl- (a) in a school ship, or training ~hip, in accordance with the pre~cribed 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 ne-<~r male relative. (iv) Section 21 of the Motor Transport Workers Acl, 1961: No child shall be required or allowed to work in dny <:<~pacily in any motor transport undertaking.