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  "title": "PUNJAB PROHIBITION OF CHILD LABOUR AT BRICK KILNS ACT 2016",
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  "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/VWxda1ZpUmE-",
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  "text": "THE PUNJAB PROHIBITION OF CHILD LABOUR AT BRICK \r\nKILNS ACT 2016 \r\n(XXXVII of 2016) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Contract of engagement on work \r\n4. Limit of Advance (peshgi) \r\n5. Prohibition of employment \r\n6. Presumption as to employment \r\n7. Liability \r\n8. Sealing of brick kiln \r\n9. Committees \r\n10. Appellate authority \r\n11. Inspectors \r\n12. Powers of inspector \r\n13. Penalty \r\n14. Trial of offences \r\n15. Cognizance of offences \r\n16. Application of other laws \r\n17. Power to make rules \r\n18. Power to issue directions \r\n19. Power to remove difficulties \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB PROHIBITION OF CHILD LABOUR AT BRICK KILNS ACT \r\n2016 \r\n(XXXVII of 2016) \r\n[2nd September 2016] \r\nAn \r\nAct \r\nto provide for the prohibition of child labour and regulation of labour at the brick kilns \r\nin the Punjab. \r\nSince the environment at a brick kiln is hazardous for children, adversely \r\naffecting their growth, health and education, it is necessary to prov ide for the \r\nprohibition of the child labour and regulation of labour at the brick kilns in the Punjab; \r\nand to deal with other matters. \r\nBe it enacted by Provincial Assembly of the Punjab as follows:– \r\n1. Short title, extent and commencement .– (1) This Act m ay be cited as the \r\nPunjab Prohibition of Child Labour at Brick Kilns Act 2016. \r\n (2) It extends to whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Act: \r\n(a) “advance (peshgi)\" means an advance (peshgi) in cash made by the \r\noccupier to a worker engaged on work at the brick kiln other than the \r\nwages already earned by the worker; \r\n(b) \"appellate authority” means an appellate authority appointed under th e \r\nAct; \r\n(c) \"bonded labourer” means a labourer who incurs, or has, or is presumed \r\nto have, incurred, a bonded debt as defined under section 2 of the \r\nBonded Labour System (Abolition) Act, 1992 (III of 1992); \r\n(d) \"brick kiln” means a kiln in which bricks are baked or burnt underneath \r\nthe fuel, including kneading, moulding, piling, bak ing, releasing, \r\nstacking and any other work ancillary to or connected with the \r\nmanufacturing processes, irrespective of the workplace connection; \r\n(e) “child” means a person who has not completed the fourteenth year of \r\nage; \r\n(f) “Committee” means a District Labour Committee constituted under the \r\nAct; \r\n(g) “Government\" means Government of the Punjab; \r\n                                                 \r\n1This Act was passed by the Provincial Assembly of the Punjab on 29 August 2016; assented to by the Governor of the Punjab \r\non 01 September 2016; and, was published in the Punjab Gazette (Extraordinary), dated: 02 September 2016, pp. 1499-1502. \r\n(h) \"inspector\" means any person appointed by the Government as an \r\ninspector for purposes of the Act; \r\n(i) “occupier” means the owner of a brick -kiln and includes h is heir, \r\nsuccessor, administrator, agent or assign and the manager; \r\n(j) “prescribed” means prescribed by the rules; \r\n(k) “rules” means the rules made under the Act; \r\n(l) \"wage\" means the rates of wage notified under the Minimum Wages \r\nOrdinance, 1961 (XXXIX of 1961); and \r\n(m) \"worker\" means a person engaged or employed, directly or indirectly by \r\nthe occupier whether for wages or not, at a brick kiln, or in any other \r\nkind of work which is incidental to or connected with the manufacturing \r\nprocess of bricks. \r\n3. Contract of engagement on work .– (1) Every engagement or appointment \r\nof a worker shall be subject to a written contract in the prescribed Form between the \r\nworker and the occupier showing the terms and conditions of his employment or \r\nengagement including: \r\n(a) the amount of advance (peshgi), if any; \r\n(b) the amount of wage; and \r\n(c) the payback schedule of the advance (peshgi). \r\n(2) The occupier shall send a copy of the contract made under subsection \r\n(1) to the inspector having jurisdiction in the area. \r\n(3) An occupier shall, within sixty days of the commencement of this Act, \r\narrange for the execution of the contract of engagement under subsection (1) with \r\neach of the workers engaged on work at a brick kiln immediately before the \r\ncommencement of the Act.  \r\n(4) If a worker is engaged in work in contravention of subsection (1), he \r\nshall be deemed to be a bonded labourer and the occupier shall be liable under the \r\nprovisions of the Bonded Labour System (Abolition) Act, 1992 (III of 1992). \r\n(5) The contract of engagement m ade under subsection (1) may be \r\nterminated either by the worker or by the occupier subject to thirty days prior notice \r\nin writing.  \r\n4. Limit of Advance (peshgi) .– (1) Notwithstanding the provisions of any other \r\nlaw, the occupier may give advance (peshgi) t o a worker engaged by him on work at \r\na brick kiln. \r\n(2) The amount of advance (peshgi) given under subsection (1) shall not \r\nexceed fifty thousand rupees.  \r\n(3) The amount of advance (peshgi) given to a worker under subsection \r\n(1) and its payback schedule sha ll be entered in the prescribed Register and a copy \r\nthereof shall be endorsed to the inspector of the area. \r\n(4) In case the contract of engagement is terminated by either party, the \r\noccupier may recover the outstanding amount of advance in accordance with law. \r\n5. Prohibition of employment .– Notwithstanding the provisions of any other \r\nlaw, an occupier shall not employ, engage or permit a child to work at the brick kiln. \r\n6. Presumption as to employment .– (1) If a child over the age of five years is \r\nfound at the brick kiln during school timings, he shall, until the contrary is proved,  be \r\ndeemed to have been employed, engaged or permitted to work at the brick kiln. \r\n(2) If any question arises as to the age of any person who is employed, \r\npermitted to work or found at a brick kiln, the person shall be presumed to be a child \r\nunless the contrary is proved through the computerized national identity card or \r\nregistration certificate (Form -B) with the National Database and Registration \r\nAuthority or the birth certificate issued by the competent authority. \r\n(3) The burden shall lie jointly on the occupier and parent or guardian to \r\nprove that a person found or working at the brick kiln is not a child. \r\n7. Liability.– If a child is employed, engaged or permitted to work at the b rick \r\nkiln contrary to this Act , the occupier and a parent or guardian of the child shall be \r\nresponsible for such contravention. \r\n8. Sealing of brick kiln .– If it appears to an inspector that a child has been \r\nengaged on work or found at a brick kiln in contr avention of sections 5 and 6 of this \r\nAct, or if the occupier fails to comply with any direction under section 18, the \r\nInspector may, in the prescribed manner, seal the brick kiln for a period not \r\nexceeding seven days. \r\n9. Committees.– (1) The Government may, by notification in the official Gazette, \r\nconstitute a Committee in each district to be called the District Labour Committee for \r\nthe effective enforcement of this Act. \r\n (2) The Committee may issue such directions to the inspectors, occupiers \r\nand workers at a brick kiln as may be necessary to achieve the purposes of the Act.  \r\n10. Appellate authority .– (1) The Government shall appoint an appellate \r\nauthority in each District to hear and decide the appeals preferred under subsection \r\n(2) of this section. \r\n(2) The occupier aggrieved by an order of sealing may, within three days \r\nof the sealing of the brick kiln, prefer an appeal against the sealing of the brick kiln \r\nbefore the appellate authority. \r\n(3) The appellate authority may confirm, modify or reverse the order  made \r\nunder section 8 of this Act. \r\n11. Inspectors.– The Government may, by notification in the official Gazette, \r\nappoint an inspector or confer the powers of an inspector on any person for any local \r\narea. \r\n12. Powers of inspector .– An inspector may, within the local limits for which he \r\nis appointed: \r\n(a) enter, with such assistants, being persons in the service of the state or \r\nof any municipal or other public authority, as he thinks fit, any place \r\nwhich is, or which he has reason to believe to be a brick kiln; \r\n(b) make such examination of the brick kiln, and of any prescribed register \r\nand Forms, and take on the spot or otherwise such evidence as he \r\nmay deemed necessary for carrying out the purposes of this Act; \r\n(c) make a complaint to the officer incharge of a  police station of the area \r\nto take cognizance of the offence under the Act; and \r\n(d) exercise such other powers as may be necessary for carrying out the \r\npurposes of the Act. \r\n13. Penalty.– (1) An occupier who contravenes any provisions of section 3, 4 or 5 \r\nof this Act, shall be liable to punishment with simple imprisonment which may extend \r\nto six months but which shall not be less than seven days and fine which may extend \r\nto five hundred thousand rupees but which shall not be less than fifty thousand \r\nrupees. \r\n(2) A parent or guardian who permit the child to work at a brick kiln shall \r\nbe jointly and equally liable for the offence under subsection (1) along with th e \r\noccupier to the extent of contravention of section 5.  \r\n14. Trial of offences .– A magistrate of th e first class shall summarily try an \r\noffence under this Act in accordance with the provisions of Chapter XXII of the Code \r\nof Criminal Procedure, 1898 (V of 1898). \r\n15. Cognizance of offences .– Every offence under this Act, shall be cognizable \r\nby the police on the complaint in writing made by the inspector. \r\n16. Application of other laws .– The provisions of this Act are in addition to and \r\nnot in derogation of the provisions of any other law. \r\n17. Power to make rules .– The Government may, by notification in the official \r\nGazette and subject to the condition of previous publication, make rules for carrying \r\ninto effect the provisions of this Act. \r\n18. Power to issue directions .– The Government may, from time to time, issue \r\nsuch directions to an occupier as may be nec essary for the effective enforcement of \r\nthe provisions of this Act.  \r\n19. Power to remove difficulties .– If any difficulty arises in giving effect to the \r\nprovisions of this Act, the Government may, by order published in the official \r\nGazette, make such provi sions not inconsistent with the provisions of the Act as \r\nappear to it to be necessary or expedient for removal of the difficulty.",
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