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Section 14 of THE CHILD AND ADOLESCENT (PROHIBITION AND REGULATION) ACT, 1986

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—
1. * * * * 4. Clauses (a), (b) and (c) omitted by s. 18, ibid. (w.e.f. 1-9-2016).
2. (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

↩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).

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]

Summary

This section sets severe jail time and heavy fines for employers who illegally hire children or put adolescents in hazardous jobs.
Parents and guardians are protected from being punished for their child's first illegal employment offence, unless they permitted it for commercial purposes.
Employers caught breaking the main labour rules a second time face a minimum of one year in prison, up to three years.

Practical examples

1A brick kiln owner is caught employing a 12-year-old child. The court sentences the owner to eight months in jail and imposes a 30,000 rupee fine. The child's parents are given a warning but no penalty as it is their first offence.

2A shop owner forgets to maintain the work register required for their adolescent staff. Since this is a minor administrative failure, the inspector issues a 5,000 rupee fine.

3In Ahmedabad, Gujarat, a factory manager caught hiring a child is ordered by the local court to pay a fine of 85,000 rupees due to the state's stricter penalty limits.

FAQ

1. What is the prison sentence for an employer under Section 14 of the Child and Adolescent Labour Act?

Under Section 14 of the Child and Adolescent Labour Act, an employer who illegally hires a child faces imprisonment for a term between six months and two years.

2. Will parents go to jail for a first offence under Section 14 of the 1986 Act?

No, Section 14 of the 1986 Act states that parents or guardians are not liable for punishment for a first offence, unless they permit the child to work for commercial purposes.

3. What happens if an employer gets caught a second time under Section 14 of the child labour regulations?

According to Section 14 of the child labour regulations, a repeat employer offender shall be punished with imprisonment for a term between one year and three years.

4. Are the fines higher in Gujarat under Section 14 of the Child Labour Act?

Yes, under a state amendment to Section 14 of the Child Labour Act, the maximum fine in Gujarat for employing a child is raised to one lakh rupees.

Test yourself

Q1.If an occupier fails to maintain a register as required by Section 11, what is the penalty under Section 14 of the Child and Adolescent Labour Act?

Q2.What is the minimum fine for an employer convicted of illegally employing a child under Section 14 of the 1986 Act?

Q3.Under Section 14 of the child labour regulations, how is a parent treated if their child is caught working illegally for the first time?

Q4.What happens to the maximum fine amount in the state of Gujarat under their amendment to Section 14 of the Child and Adolescent Labour Act?

Q5.Under Section 14 of the 1986 Act, what is the minimum prison term for an employer who commits a repeat offence of illegally employing a child?

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