Topic: Section 15.Modified application of certain laws in relation

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 Sec. 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 provision mentioned below :

(a) Sec. 67 of the Factories Act, 1948 (63 of 1948);

(b) Sec. 40 of the Mines Act, 1952 (35 of 1952);

(c) Sec. 109 of the Merchant Shipping Act, 1958 (44 of 1958); and

(d) Sec. 21 of the Motor Transport Workers Act, 1961 (27 of 1961).

COMMENTS
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.