PUNJAB PROHIBITION OF CHILD LABOUR AT BRICK KILNS ACT 2016

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THE PUNJAB PROHIBITION OF CHILD LABOUR AT BRICK 
KILNS ACT 2016 
(XXXVII of 2016) 
CONTENTS 
1. Short title, extent and commencement 
2. Definitions 
3. Contract of engagement on work 
4. Limit of Advance (peshgi) 
5. Prohibition of employment 
6. Presumption as to employment 
7. Liability 
8. Sealing of brick kiln 
9. Committees 
10. Appellate authority 
11. Inspectors 
12. Powers of inspector 
13. Penalty 
14. Trial of offences 
15. Cognizance of offences 
16. Application of other laws 
17. Power to make rules 
18. Power to issue directions 
19. Power to remove difficulties 
 
TEXT 
1
THE PUNJAB PROHIBITION OF CHILD LABOUR AT BRICK KILNS ACT 
2016 
(XXXVII of 2016) 
[2nd September 2016] 
An 
Act 
to provide for the prohibition of child labour and regulation of labour at the brick kilns 
in the Punjab. 
Since the environment at a brick kiln is hazardous for children, adversely 
affecting their growth, health and education, it is necessary to prov ide for the 
prohibition of the child labour and regulation of labour at the brick kilns in the Punjab; 
and to deal with other matters. 
Be it enacted by Provincial Assembly of the Punjab as follows:– 
1. Short title, extent and commencement .– (1) This Act m ay be cited as the 
Punjab Prohibition of Child Labour at Brick Kilns Act 2016. 
 (2) It extends to whole of the Punjab. 
(3) It shall come into force at once. 
2. Definitions.– In this Act: 
(a) “advance (peshgi)" means an advance (peshgi) in cash made by the 
occupier to a worker engaged on work at the brick kiln other than the 
wages already earned by the worker; 
(b) "appellate authority” means an appellate authority appointed under th e 
Act; 
(c) "bonded labourer” means a labourer who incurs, or has, or is presumed 
to have, incurred, a bonded debt as defined under section 2 of the 
Bonded Labour System (Abolition) Act, 1992 (III of 1992); 
(d) "brick kiln” means a kiln in which bricks are baked or burnt underneath 
the fuel, including kneading, moulding, piling, bak ing, releasing, 
stacking and any other work ancillary to or connected with the 
manufacturing processes, irrespective of the workplace connection; 
(e) “child” means a person who has not completed the fourteenth year of 
age; 
(f) “Committee” means a District Labour Committee constituted under the 
Act; 
(g) “Government" means Government of the Punjab; 
                                                 
1This Act was passed by the Provincial Assembly of the Punjab on 29 August 2016; assented to by the Governor of the Punjab 
on 01 September 2016; and, was published in the Punjab Gazette (Extraordinary), dated: 02 September 2016, pp. 1499-1502. 
(h) "inspector" means any person appointed by the Government as an 
inspector for purposes of the Act; 
(i) “occupier” means the owner of a brick -kiln and includes h is heir, 
successor, administrator, agent or assign and the manager; 
(j) “prescribed” means prescribed by the rules; 
(k) “rules” means the rules made under the Act; 
(l) "wage" means the rates of wage notified under the Minimum Wages 
Ordinance, 1961 (XXXIX of 1961); and 
(m) "worker" means a person engaged or employed, directly or indirectly by 
the occupier whether for wages or not, at a brick kiln, or in any other 
kind of work which is incidental to or connected with the manufacturing 
process of bricks. 
3. Contract of engagement on work .– (1) Every engagement or appointment 
of a worker shall be subject to a written contract in the prescribed Form between the 
worker and the occupier showing the terms and conditions of his employment or 
engagement including: 
(a) the amount of advance (peshgi), if any; 
(b) the amount of wage; and 
(c) the payback schedule of the advance (peshgi). 
(2) The occupier shall send a copy of the contract made under subsection 
(1) to the inspector having jurisdiction in the area. 
(3) An occupier shall, within sixty days of the commencement of this Act, 
arrange for the execution of the contract of engagement under subsection (1) with 
each of the workers engaged on work at a brick kiln immediately before the 
commencement of the Act.  
(4) If a worker is engaged in work in contravention of subsection (1), he 
shall be deemed to be a bonded labourer and the occupier shall be liable under the 
provisions of the Bonded Labour System (Abolition) Act, 1992 (III of 1992). 
(5) The contract of engagement m ade under subsection (1) may be 
terminated either by the worker or by the occupier subject to thirty days prior notice 
in writing.  
4. Limit of Advance (peshgi) .– (1) Notwithstanding the provisions of any other 
law, the occupier may give advance (peshgi) t o a worker engaged by him on work at 
a brick kiln. 
(2) The amount of advance (peshgi) given under subsection (1) shall not 
exceed fifty thousand rupees.  
(3) The amount of advance (peshgi) given to a worker under subsection 
(1) and its payback schedule sha ll be entered in the prescribed Register and a copy 
thereof shall be endorsed to the inspector of the area. 
(4) In case the contract of engagement is terminated by either party, the 
occupier may recover the outstanding amount of advance in accordance with law. 
5. Prohibition of employment .– Notwithstanding the provisions of any other 
law, an occupier shall not employ, engage or permit a child to work at the brick kiln. 
6. Presumption as to employment .– (1) If a child over the age of five years is 
found at the brick kiln during school timings, he shall, until the contrary is proved,  be 
deemed to have been employed, engaged or permitted to work at the brick kiln. 
(2) If any question arises as to the age of any person who is employed, 
permitted to work or found at a brick kiln, the person shall be presumed to be a child 
unless the contrary is proved through the computerized national identity card or 
registration certificate (Form -B) with the National Database and Registration 
Authority or the birth certificate issued by the competent authority. 
(3) The burden shall lie jointly on the occupier and parent or guardian to 
prove that a person found or working at the brick kiln is not a child. 
7. Liability.– If a child is employed, engaged or permitted to work at the b rick 
kiln contrary to this Act , the occupier and a parent or guardian of the child shall be 
responsible for such contravention. 
8. Sealing of brick kiln .– If it appears to an inspector that a child has been 
engaged on work or found at a brick kiln in contr avention of sections 5 and 6 of this 
Act, or if the occupier fails to comply with any direction under section 18, the 
Inspector may, in the prescribed manner, seal the brick kiln for a period not 
exceeding seven days. 
9. Committees.– (1) The Government may, by notification in the official Gazette, 
constitute a Committee in each district to be called the District Labour Committee for 
the effective enforcement of this Act. 
 (2) The Committee may issue such directions to the inspectors, occupiers 
and workers at a brick kiln as may be necessary to achieve the purposes of the Act.  
10. Appellate authority .– (1) The Government shall appoint an appellate 
authority in each District to hear and decide the appeals preferred under subsection 
(2) of this section. 
(2) The occupier aggrieved by an order of sealing may, within three days 
of the sealing of the brick kiln, prefer an appeal against the sealing of the brick kiln 
before the appellate authority. 
(3) The appellate authority may confirm, modify or reverse the order  made 
under section 8 of this Act. 
11. Inspectors.– The Government may, by notification in the official Gazette, 
appoint an inspector or confer the powers of an inspector on any person for any local 
area. 
12. Powers of inspector .– An inspector may, within the local limits for which he 
is appointed: 
(a) enter, with such assistants, being persons in the service of the state or 
of any municipal or other public authority, as he thinks fit, any place 
which is, or which he has reason to believe to be a brick kiln; 
(b) make such examination of the brick kiln, and of any prescribed register 
and Forms, and take on the spot or otherwise such evidence as he 
may deemed necessary for carrying out the purposes of this Act; 
(c) make a complaint to the officer incharge of a  police station of the area 
to take cognizance of the offence under the Act; and 
(d) exercise such other powers as may be necessary for carrying out the 
purposes of the Act. 
13. Penalty.– (1) An occupier who contravenes any provisions of section 3, 4 or 5 
of this Act, shall be liable to punishment with simple imprisonment which may extend 
to six months but which shall not be less than seven days and fine which may extend 
to five hundred thousand rupees but which shall not be less than fifty thousand 
rupees. 
(2) A parent or guardian who permit the child to work at a brick kiln shall 
be jointly and equally liable for the offence under subsection (1) along with th e 
occupier to the extent of contravention of section 5.  
14. Trial of offences .– A magistrate of th e first class shall summarily try an 
offence under this Act in accordance with the provisions of Chapter XXII of the Code 
of Criminal Procedure, 1898 (V of 1898). 
15. Cognizance of offences .– Every offence under this Act, shall be cognizable 
by the police on the complaint in writing made by the inspector. 
16. Application of other laws .– The provisions of this Act are in addition to and 
not in derogation of the provisions of any other law. 
17. Power to make rules .– The 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. 
18. Power to issue directions .– The Government may, from time to time, issue 
such directions to an occupier as may be nec essary for the effective enforcement of 
the provisions of this Act.  
19. Power to remove difficulties .– If any difficulty arises in giving effect to the 
provisions of this Act, the Government may, by order published in the official 
Gazette, make such provi sions not inconsistent with the provisions of the Act as 
appear to it to be necessary or expedient for removal of the difficulty.