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lissing perme (unemployed)     05 February 2011

Interpretation of status

 Section 14 sub-section (3) of The Child Labour (Prohibition and Regulation ) Act, 1986 provided that 

Whoever-

(a)  fails to give notice as required by section9:or

(b)   fails to maintain a gerister as required by section 11 or makes any false enrty in any such register:or

(c)  fails to display a notice containing an abstract of section 3 and this section as required by section 12:or

(d)  fails to comply with or contravences any other provisions of this Act or the rules made thereunder,

shall be punishable with simple imprisonmemt which may extend to one month or with fine which may extend to ten thousand rupees or with both.

Now my question are- 

1-In a surprise inspection in  the restaurants, the District Magistrate booked one restaurateur for engaging child labour in their establishment and a spot fine of Rs 30000/- was imposed.Is this legal/reasonable act by the District Magistrate or arbitary act by him.???

2- is this not against the " Leteral Intrepretation" of status.i.e if penal status provided the maximum fine of Rs 10000/- it possible under India legal system that Court  deviated from it and fine Rs.30000/-???

3- is the find of Rs 30000/- by District Magistrat  justiable under above provision i.e under Section 14 sub-section (3) of The Child Labour (Prohibition and Regulation ) Act, 1986??



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