PUNJAB RESTRICTION ON EMPLOYMENT OF CHILDREN ACT 2016
(Act L of 2016)
[29 October 2016]
An Act to prohibit the employment of
children and to restrict the employment
of adolescents in certain occupations and processes.
necessary to prohibit the employment of children and to
restrict the employment of adolescents in certain occupations; and, to deal
with ancillary matters.
Be it enacted by the Provincial Assembly of
the Punjab as follows:
1. Short title, extent and
commencement.– (1) This Act may be cited as
the Punjab Restriction on Employment of
Children Act 2016.
(2) It extends to whole of the
(3) It shall come into force at once.
In this Act:
means a person who has attained the age of fifteen years but has not
attained the age of eighteen years;
authority” means an authority appointed under the Act;
means a person who has not attained the age of fifteen years;
(d) “Committee” means the Provincial
Committee on Child Labour constituted under the Act;
means a period of twenty-four hours beginning at midnight;
(f) "establishment" means any
industrial, commercial or agricultural establishment, factory, mine,
workshop, business, trade, undertaking, and place where any economic
activity including moulding and manufacturing
process is carried on; and, includes charitable and welfare organizations,
whether run for profit or otherwise and any other establishment, class of
establishments or workplace notified by the Government in the official
in relation to an occupier, means the spouse, son, daughter or sibling;
(h) “Government" means
Government of the Punjab;
“hazardous work” means the work which, by its nature or the circumstances in
which it is carried out, is likely to harm the health, safety or morals of
adolescents and is mentioned in the Schedule;
(j) "Inspector" means an
official appointed as an Inspector under the Act;
means the person who, directly or indirectly, employs a worker in an
establishment and includes:
in case of an individual, his heir, successor,
administrator or assign; and
(ii) a person
who has the ultimate control over the affairs of the establishment;
means prescribed by the rules made under the Act;
(m) “Schedule” means the Schedule
appended to this Act; and
means a period of seven days beginning at the midnight on Saturday or at
such other midnight as the Government may, by notification, specify for a
3. Prohibition on employment.–
(1) An occupier shall not employ or permit a child to work in the
(2) An occupier shall not employ or permit an
adolescent to perform any hazardous work in the establishment.
4. Provincial Committee on Child Labour.–
(1) The Government shall, by notification, constitute a Committee to be
called the Provincial Committee on Child Labour to advise the Government for
appropriate legislative, administrative and other measures for the
eradication of child labour and, subject to
Article 11 of the Constitution, to propose the minimum age for purposes of
employment in the Province.
(2) The Committee shall consist of a
chairperson and not more than eight members representing the Government,
employers, workers and civil society.
5. Duration of work, etc.–
(1) Subject to subsection (2) and subsection (3), the occupier shall fix
the period of work not exceeding three hours in a day; and, if the
adolescent is required to work for more than three hours in a day, the
occupier shall, after the initial period of three hours, provide a mandatory
interval of at least one hour to the adolescent.
(2) The total period of work of an adolescent
in a day, including the mandatory interval for rest, shall, in no case,
exceed seven hours.
(3) The occupier shall:
the hours of work of an adolescent in such manner that the working hours are
not in conflict with the timings of the educational or vocational
institution where the adolescent is enrolled;
require or permit an adolescent to work between 7.00 pm and 8.00 am.
require or permit an adolescent to work in the establishment on any day on
which the adolescent has worked in any other establishment.
6. Weekly holidays.–
(1) An occupier shall allow an adolescent employed in the establishment a
holiday of at least one whole day in a week.
(2) The occupier shall specify the holiday
through a notice permanently displayed at a conspicuous place in the
establishment and the occupier shall not alter the day of holiday more than
once in three months.
7. Notice to Inspector.–
(1) Every occupier of the establishment in which an adolescent is employed
or permitted to work shall, within a period of thirty days from the
commencement of this Act or employment of the adolescent, send to the
Inspector, within whose local limits the establishment is situated, a
written notice containing the following particulars:
name, location and address of the establishment;
(b) the name
of the person who is actually responsible for the management of the
address of the establishment for purposes of communication;
(d) the name,
address, wages and other prescribed particulars of the adolescent; and
nature of the occupation or process carried on in the establishment.
(2) Nothing in sections 6, 7 and 8 shall
apply to an establishment wherein any process is carried on by the occupier
with the aid of the members of his family or to any educational or training
institution established, assisted or recognized by the Government, the
Federal Government or any agency, body or authority established, owned or
controlled by any such Government.
8. Dispute as to age.– Any dispute
about the age of the child or adolescent employed or is permitted to work in
an establishment shall be decided on the basis of the registration
certificate (Form-B) issued by the National Database and Registration
Authority or the birth certificate issued by the competent authority, but,
in the absence of such a document, the Inspector shall refer the matter to
the prescribed medical authority for determination of the age and the
decision of such authority shall be conclusive proof of the age of the child
9. Maintenance of register.– An
occupier shall maintain a register in respect of adolescents employed or
permitted to work in the establishment and shall make the register available
for inspection to an Inspector at all times during working hours of the
(a) the name
and date of birth of every adolescent employed or permitted to work;
and periods of work of any such adolescent and the intervals of rest to
which he is entitled;
(c) the nature of work of the adolescent;
other particulars as may be prescribed.
10. Display of notice.–
Every occupier shall display at a conspicuous place in the establishment a
notice in Urdu and in English containing an abstract of section 3 and
(1) An occupier, who employs or permits a child to work in an establishment,
shall be liable to punishment with imprisonment for a term which may extend
to six months, but which shall not be less than seven days and with a fine
which may extend to fifty thousand rupees, but which shall not be less than
ten thousand rupees.
(2) An occupier, who employs or permits any
adolescent to work in contravention of the provisions of section 3, shall be
liable to punishment with imprisonment for a term which may extend to six
months, but which shall not be less than seven days and with a fine which
may extend to fifty thousand rupees, but which shall not be less than ten
(3) A person, who employs a child or an adolescent in:
any form of
slavery or practices similar to slavery, such as the sale and trafficking of
children or adolescents, debt bondage and serfdom and forced or compulsory
labour, including forced or compulsory
recruitment of children or adolescents for use in armed conflicts;
procuring or offering of a child or adolescent for prostitution, for the
production of pornography or for pornographic performances; and
procuring or offering of a child or adolescent for illicit activities, in
particular for the production and trafficking of drugs,
shall be liable to
punishment with imprisonment for a term which may extend to seven years but
which shall not be less than three years and with fine which may extend to
one million rupees but which shall not be less than two hundred thousand
(4) An occupier who has been convicted of an
offence under subsection (1) and subsection (2),
again commits the same offence or an offence of similar nature, shall be
punishable with imprisonment which may extend to five years but which shall
not be less than three months in addition to the fine prescribed for the
(5) If an occupier fails to:
(a) give notice as required by section 7; or
(b) maintain a
register as required by section 9 or makes any false entry in any such
produce record for inspection; or
display any notice under the Act; or
(e) comply with or
contravenes any provision of this Act or the rules,
he shall be liable
to punishment with simple imprisonment which may extend to one month or with
a fine which may extend to ten thousand rupees or with both.
12. Abetment to an offence.– (1) A
person, who abets an offence punishable under this Act, shall, whether or
not the offence abetted is committed, be punishable with the same punishment
as is provided for the offence he abetted.
(2) An occupier, who employs or permits to
work a child or an adolescent to work in contravention of the provisions of
section 3, and the child or an adolescent is found working in the
establishment in the immediate presence of a parent or guardian, the parent
or guardian shall be equally liable for the offence along with the employer.
(3) For purposes of this section, “abetment”
has the same meaning as is assigned to it in the Pakistan Penal Code, 1860
(XLV of 1860).
13. Presumption of work.– (1) Subject
to subsection (2), if a child or an adolescent is found present within the
working premises of an establishment, it shall be presumed that the child or
the adolescent is employed or is permitted to work in the establishment.
(2) Nothing in this section shall apply to
the students visiting an establishment for educational purposes under the
direction or supervision of an educational institution.
14. Sealing of establishment.–
(1) If it appears to an Inspector that a child or an adolescent has been
employed or permitted to work in an establishment in contravention of
section 3, the Inspector may, in the prescribed manner, seal the
establishment for a period not exceeding seven days.
(2) The occupier aggrieved by an order under
subsection (1), may, within three days of the sealing of the establishment,
prefer an appeal before the appellate authority.
(3) The appellate authority may confirm,
modify or reverse the order made under subsection (1).
15. Appellate authority.–
The Government shall appoint an appellate authority in each District to hear
and decide the appeals preferred under subsection (2) of section 14.
16. Trial of offences.– (1) An
offence under subsections (1) and (2) of section 11 shall be tried summarily
in accordance with the provisions of Chapter XXII of the Code of Criminal
Procedure, 1898 (V of 1898).
(2) No court inferior to that of the
Magistrate having powers under section 30 of the Code of Criminal Procedure,
1898 (V of 1898) shall try an offence under subsections (3) and (4) of
section 11 of this Act.
17. Cognizance of offences.–
An offence under this Act shall be cognizable by the police on the complaint
in writing made by the Inspector and shall be non-bailable.
18. Penalties under some other laws.–
Any person, who is found guilty of the contravention of any provisions of
the Mines Act, 1923 (IV of 1923), the Factories Act, 1934 (XXV of 1934) and
the Punjab Shops and Establishments Ordinance, 1969 (VIII of 1969) regarding
children or adolescents, shall be liable to the penalties provided in
section 11 of this Act and not under the said laws.
19. Appointment of Inspectors.–
(1) The Government may appoint Inspectors for purposes of securing
compliance with the provisions of this Act.
(2) The Inspector shall be deemed to be a
public servant within the meaning of the Pakistan Penal Code, 1860 (XLV of
20. Amendment of Schedule.–
(1) The Government may, by notification in the official Gazette, amend the
(2) An amendment in the Schedule under
subsection (1) shall come into force on the expiry of thirty days from the
date of publication of the notification in the official Gazette.
The Government may, by notification, and subject to the condition of
previous publication, make rules for carrying into effect the provisions of
this Act, including the rules for health and safety of adolescents employed
or permitted to work in an establishment.
22. Application of other laws.–
Subject to the provisions contained in sections 11 and 18, the provisions of
this Act and the rules shall be in addition to, and not in derogation of,
the provisions of any other law.
23. Power to remove difficulties.–
(1) 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
provisions not inconsistent with the provisions of this Act as appear to it
to be necessary or expedient for removal of the difficulty.
(2) An order under subsection (1) shall not
be made after the expiry of a period of two years from the date of
commencement of this Act.
(3) Every order made under this section
shall, as soon as may be after it is made, be laid before Provincial
Assembly of the Punjab.
24. Repeal and savings.–
(1) The Employment of Children Act, 1991 (V of 1991) is hereby repealed.
(2) Notwithstanding the repeal of the
Employment of Children Act, 1991 (V of 1991), anything done or any action
taken or purported to have been done or taken under that Act shall, in so
far as it is not inconsistent with the provisions of this Act, be deemed to
have been done or taken under the corresponding provisions of this Act.
The Punjab Restriction
on Employment of Children
Ordinance, 2016 (XIII of 2016) is
[see section 2(i)]
Any occupation or work connected with–
of passengers, goods or mail;
establishment at a railway station, involving the movement of a vendor or
any other employee of the establishment from one platform to another or into
or out of a moving train;
of a railway station or with any other work where such work is done in close
proximity to or between the railway lines;
(4) a port
authority within the limits of any port;
mines and on ground quarries including blasting;
driven cutting machinery like saws, shears, guillotines, agricultural
machines, thrashers, fodder cutting machines;
(7) live electrical wires over 50
(8) all operations related to leather
tanning processes such as soaking, dehairing,
liming, chrome tanning, deliming, pickling,
defleshing, ink application;
and manufacture of pesticides and insecticides and fumigation;
and other such work involving exposure to free silica;
(11) exposure to all toxic, explosive and
carcinogenic chemicals e.g., asbestos, benzene, ammonia, chlorine,
manganese, cadmium, sulphur dioxide, phosphorus,
benzidenedyes, isocyanates, carbon
tetrachloride, carbon disulphide, epoxy resins, formaldehyde, metal fumes,
heavy metals like nickel, mercury chromium, lead arsenic, beryllium, fiber
to cement dust in cement industry;
to coal dust;
and sale of fireworks and explosives;
(15) the sites
where liquid petroleum gas (LPG) or compressed natural gas (CNG) is filled
(16) glass and
metal furnaces and glass bangles manufacturing;
weaving, printing, dyeing and fishing sections;
pipelines, pits and storage tanks;
and carrying of heavy weight (15kg and above) specially in transport
height of two meters or more above the floor;
scavenging including hospital waste;
processing and manufacturing including niswar
and biri making;
fishing, commercial fishing and processing of fish and sea-food;
casing and wool industry;
instruments and manufacturing specially in vendors’ workshops;
mini cinemas and cyber clubs;
(32) mica-cutting and splitting;
and construction industry;
of slate pencils including packing; and
of products from agate.