Punjab Prohibition of Child Labour at Brick
Kilns Ordinance, 2016
(V OF 2016)
for the prohibition of child labour and regulation of labour at the brick kilns
in the Punjab.
environment at a brick kiln is hazardous for children, adversely affecting their
growth, health and education, it is necessary to provide for the prohibition of
the child labour and regulation of labour at the brick kilns in the
Punjab and, to deal with other matters.
Assembly of the Punjab is not in session and Governor of the
Punjab is satisfied that circumstances exist which render it
necessary to take immediate action.
In exercise of
the powers conferred under clause (1) of Article 128 of the Constitution of the
Islamic Republic of Pakistan, Governor of the Punjab is pleased to make and
promulgate the following Ordinance:---
title, extent and commencement.–
(1) This Ordinance may be cited as the Punjab Prohibition of Child Labour at
Brick Kilns Ordinance 2016.
(2) It extends
to whole of the Punjab.
(3) It shall
come into force at once.
Definitions.– In this
(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
authority” means an appellate authority appointed under this Ordinance;
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);
kiln” means a kiln in which bricks are baked or burnt underneath the fuel,
including kneading, moulding, piling, baking, releasing, stacking and any other
work ancillary to or connected with the manufacturing processes, irrespective of
the workplace connection;
Ordinance was promulgated by the Governor Punjab on 13th January, 2016; and
published in the Punjab Gazette (Extraordinary), dated 14th January, 2016, Pages
means a person who has not completed the fourteenth year of age;
means a District Labour Committee constituted under the Ordinance;
“Government” means Government of the Punjab;
means any person appointed by the Government as an inspector for purposes of the
by whatever name called, means the person appointed for purposes of
administering and management of the affairs of the brick kiln;
means the Punjab Prohibition of Child Labour at Brick Kilns Ordinance 2016;
means the owner of a brick-kiln and includes his heirs, successors,
administrators, agents or assigns and the manager;
“prescribed” means prescribed by the rules;
means the rules made under this Ordinance;
means the rates of wage notified under the Minimum Wages Ordinance, 1961
(XXXIX of 1961);
means a person engaged or employed, directly or indirectly by the occupier
whether for wages or not, on a brick kiln, or in any other kind of work
whatsoever incidental to or connected with the manufacturing process of bricks.
of engagement on work.–
(1) Every engagement or appointment of a worker at a brick kiln 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).
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 Ordinance, 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
(4) If a worker
is engaged on work at a brick kiln 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).
contract of engagement made 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) to a worker engaged by him on work at a brick kiln.
(2) The amount
of advance (peshgi) given under subsection (1) shall not exceed the amount
equivalent to six times of the wage of the worker for one wage period, if his
wages are time rated and earned wages during one month, if his wages are piece
(3) The amount
of advance (peshgi) given to a worker under subsection (1) and its payback
schedule shall 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.
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.
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 on the occupier to prove that any person found or working at the brick
kiln is not a child.
If a child is employed, engaged or permitted to work at the brick kiln contrary
to this Ordinance, the occupier shall be responsible for such contravention.
of brick kiln.– If it
appears to an inspector that a child has been engaged on work or found at a
brick kiln in contravention of sections 5 and 6 of this Ordinance, 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
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 Ordinance.
Committee may issue such directions to the inspectors, occupiers and workers at
a brick kiln as may be necessary to achieve the purposes of this Ordinance.
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.
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.
appellate authority may confirm, modify or reverse the order made under section
8 of the Ordinance.
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.
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 Ordinance;
(c) make a
complaint to the officer incharge of a police station of the area to take
cognizance of the offence under the Ordinance; and
such other powers as may be necessary for carrying out the purposes of this
An occupier who contravenes any provisions of section 3, 4 or 5 of this
Ordinance, 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.
14. Trial of
offences.– A magistrate
of the first class shall summarily try an offence under this Ordinance in
accordance with the provisions of Chapter XXII of the Code of Criminal
Procedure, 1898 (V of 1898).
Cognizance of offences.–
Every offence under this Ordinance, shall be cognizable by the police on the
complaint in writing made by the inspector.
Application of other laws.–
The provisions of this Ordinance are in addition to and not in derogation of the
provisions of any other law for the time being in force.
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 Ordinance.
18. Power to
issue directions.– The
Government may, from time to time, issue such directions to an occupier as may
be necessary for the effective enforcement of the provisions of this Ordinance.
19. Power to remove difficulties.– If any
difficulty arises in giving effect to the provisions of this Ordinance, the
Government may, by order published in the official Gazette, make such provisions
not inconsistent with the provisions of the Ordinance as appear to it to be
necessary or expedient for removal of the difficulty.