MISCELLANEOUSCentral

Section 20 of THE CHILD AND ADOLESCENT (PROHIBITION AND REGULATION) ACT, 1986

Subject to the provisions contained in section 15, the provisions of this Act and the rules made thereunder shall be in addition to, and not in derogation of, the provisions of the Factories Act, 1948 (63 of 1948), the Plantations Labour Act, 1951 (69 of 1951) and the Mines Act, 1952 (35 of 1952).

Summary

This section clarifies that this Act does not replace or cancel out other major labour laws.
The rules here are an extra layer of protection, meant to be followed in addition to other existing laws.
It specifically points out that the Factories Act, Plantations Labour Act, and Mines Act still apply.
However, it makes an exception for Section 15, meaning if penalties conflict, Section 15 decides which penalty applies.

Practical examples

1A factory owner in Mumbai follows all safety rules under the Factories Act of 1948. This section means he cannot ignore the Child and Adolescent Labour Act just because he follows the Factories Act, so he must obey both sets of rules.

2A tea estate manager relies on the Plantations Labour Act for worker housing. When it comes to adolescent workers on the estate, they must also follow the specific work hours set by this 1986 child labour law.

FAQ

1. Does the Child and Adolescent (Prohibition and Regulation) Act, 1986 replace the Factories Act according to Section 20?

No, Section 20 of the 1986 child labour law says its provisions are in addition to, and not in derogation of, the Factories Act.

2. What three specific acts are mentioned in Section 20 of the child labour law as still being applicable?

Section 20 of the Child Labour Act explicitly names the Factories Act 1948, the Plantations Labour Act 1951, and the Mines Act 1952.

3. How does Section 20 of the 1986 Act treat conflicts regarding penalties?

Section 20 of the child and adolescent regulation law is made subject to Section 15, which handles situations where someone violates rules that overlap with penalties in other laws.

Test yourself

Q1.What is the main legal principle established by Section 20 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986?

Q2.Which of the following laws is NOT explicitly listed in Section 20 of the 1986 Child Labour Act?

Q3.Section 20 of the 1986 Child Labour Act is subject to the provisions of which other section of the same Act?

Q4.What does the phrase "not in derogation of" mean in the context of Section 20 of the Child and Adolescent (Prohibition and Regulation) Act, 1986?

19PreviousSection 19 Rules and notifications to be laid before Parliament or State legislature.21NextSection 21 Power to remove difficulties.

←Section 19 Section 21→