Employment of Women, Young Persons and Children (Amendment) Act 2003

This Act may be cited as the Employment of Women,

Young Persons and Children (Amendment) Act, No. 8 of 2003.

Section 2 of the Employment of Women, Young

Persons and Children Act, No. 47 of 1956 (hereinafter referred to as the “principal enactment”) is hereby amended in subsection (2) thereof, by the substitution for all the words from “be liable” to the end of that subsection of the words,

“be liable to a fine not exceeding ten thousand rupees or imprisonment of either description for a period not exceeding twelve months or to both such fine and imprisonment and in addition to the above punishment, the employer shall be ordered to pay compensation of such amount as may be determined by the court, to the person in respect of whom the offence was committed.”.

Section 2A of the principal enactment is hereby amended by the addition at the end of that section of the following new subsections :—

‘(3)

Where a person is employed at night in contravention of the conditions set out in subsection (2) the employer and any other person (other than the person employed) to whose act or default the contravention is attributable shall be guilty of an offence under this Act and shall on conviction after summary trial before a Magistrate be liable to a fine not exceeding ten thousand rupees or to imprisonment of either description for a period not exceeding twelve months or to both such fine and imprisonment and in the case of a young person only, where such young person is below the age of eighteen years, in addition to the above punishment the 2—H 17137— 5,650 (2002/11)

Employment of Women, Young Persons and employer shall be ordered to pay compensation of such amount as may be determined by court, to the person in respect of whom the offence was committed.

In this section “the Commissioner of Labour”

Section 4 of the principal enactment is hereby amended in subsection (2) of that section by the substitution for all the words from “be liable” to the end of that subsection of the words, “be liable to a fine not exceeding ten thousand rupees or imprisonment of either description for a period not exceeding twelve months or to both such fine and imprisonment.”.

Section 5 of the principal enactment is hereby amended in subsection (2) of that section by the substitution for all the words from“be liable” to the end of that subsection of the words, “be liable to a fine not exceeding five thousand rupees or , in the case of a second or subsequent offence, to a fine not exceeding ten thousand rupees.”.

Section 6 of the principal enactment is hereby amended in subsection (2) of that section by the substitution for all the words from “be liable” to the end of that subsection of the words, “be liable to a fine not exceeding five thousand rupees and in the case of a second or subsequent offence to a fine not exceeding ten thousand rupees.”.

Section 7 of the principal enactment is hereby amended as follows :—

in subsection (2) of that section by the repeal of paragraph (a) thereof ; and

in subsection (3) thereof by the substitution for all the words from “be liable” to the end of that subsection of the words, “be liable to a fine not exceeding ten thousand rupees or imprisonment of either description for a period not exceeding twelve months or to both such fine and imprisonment and

Section 8 of the principal enactment is hereby amended in subsection (2) of that section by the substitution for all the words from “be liable” to the end of that subsection of the words “be liable to a fine not exceeding five thousand rupees or, in the case of a second or subsequent offence to a fine not exceeding ten thousand rupees.”.

The following new section is inserted immediately after section 8, and shall have effect as section 8A of the principal enactment :—

8A. (1) The employer of any young person employed in any industrial undertaking and the parent or guardian of that young person shall if required by an authorized officer, furnish to that officer such information regarding the employment of that young person as that officer may require.

Any employer, parent or guardian who fails to comply with the provisions of subsection (1) of this section or willfully gives false information to an authorized officer regarding the employment of any young person in an industrial undertaking, shall be guilty of an offence under this Act, and shall on conviction after summary trial before a Magistrate be liable to a fine not exceeding ten thousand rupees or to imprisonment of either description for a period not exceeding twelve months or to both such fine and imprisonment.”.

Section 9 of the principal enactment is hereby amended as follows :—

in subsection (2) of that section by the repeal of paragraph (a) thereof ; and

in subsection (4) of that section by the substitution for all the words from “be liable” to the end of that subsection of the words “be liable to a fine not exceeding ten thousand rupees or imprisonment of either description for a period not exceeding twelve months or to both such fine and imprisonment and in a addition to the above be ordered to pay compensation of such amount as may be determined by court, to the person in respect of whom the offence was committed.”.

Section 10 of the principal enactment is hereby amended in subsection (2) of that section by the substitution for all the words from “be liable” to the end of that subsection of the words, “be liable to a fine not exceeding five thousand rupees or in the case of a second or subsequent offence to a fine not exceeding ten thousand rupees.”.

Section 11 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution for all the words from “be liable” to the end of that subsection, of the words “be liable to a fine not exceeding ten thousand rupees or imprisonment of either decription for a period not exceeding twelve months or to both such fine and imprisonment.

Section 13 of the principal enactment is hereby repealed and the following section substituted therefor :—

13. (1) No child shall be employed except in accordance with the provisions of this Part of this Act.

Where a child is employed in contravention of the provisions of subsection (1) the employer or the person (other than the child employed) to whose act or default the contravention is attributable shall be guilty of

Section 14 of the principal enactment is hereby repealed and the following section substituted therefor :—

14. (1) A child may not be employed except —

by his parents or guardian in light agricultural or horticultural work or similar work carried on by members of the same family before the commencement of regular school hours or after the close of school hours ;

in any school or other institution supervised by a public authority and imparting technical education or other training for the purpose of any trade or occupation.

If a child is employed in contravention of the provisions of subsection (1) the employer or the person (other than the child employed)

Section 15 of the principal enactment is hereby amended by the substitution for all the words commencing from “notwithstanding” to the end of that section of the words

“notwithstanding that the employment may be authorized by the provisions of this Part of the Act.”.

Section 16 of the principal enactment is hereby amended as follows :—

in subsection (1) of that section by the substitution for the words “the employer of any child and the parent or guardian of that child” of the words.“the employer of any child and the parent, custodian or guardian of that child”;

in subsection (2) of that section —

Section 17 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution for all the words from “be liable” to the end of that subsection, of the words, “be liable to a fine not exceeding ten thousand rupees or imprisonment of either description for a period not exceeding twelve moths or to both such fine and imprisonment, and shall in addition be ordered to pay compensation of such amount as may be determined by the court, to the child in respect of whom the offence was committed.”.

Employment of Women, Young Persons and

Section 18 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution for all the words from “be liable” to the end of that subsection, of the words, “be liable to a fine not exceeding ten thousand rupees or imprisonment of either description for a period not exceeding twelve months or to both such fine and imprisonment, and shall in addition be ordered to pay compensation of such amount as may be determined by the court, to the child in respect of whom the offence was committed.”.

Section 19 of the principal enactment is hereby amended as follows :—

in subsection (1) of that section, by the substitution for the words “age of sixteen years” of the words

in subsection (2) of that section —

in the marginal note to that section, by the substitution for the words “sixteen years of age” of the words “eighteen years of age”.

Section 20 of the principal enactment is hereby amended as follows :—

by the repeal of subsection (1) of that section and substitution therefor of the following subsection :—

in subsection (2) of that section, by the substitution for the words “under the age of sixteen years”, of the words “under the age of eighteen years”;

in subsection (3) of that section, by the substitution for, all the words commencing from “be liable” to the end of that subsection, of the words, “be liable to a fine not exceeding ten thousand rupees or to imprisonment of either description for a period not exceeding twelve months or to both such fine and imprisonment, and shall in addition be ordered to pay compensation of such amount as may be determined by the court, to the person in respect of whom the offence was committed.” ; and

in subsection (4) of that section, by the substitution for the words “age of fourteen years”, of the words

Section 21 of the principal enactment is hereby amended in subsection (3) of that section, by the substitution for all the words from “be liable” to the end of that subsection, of the words, “be liable to a fine not exceeding ten thousand rupees or imprisonment of either description for a period not exceeding twelve months or to both such fine and imprisonment, and shall in addition be ordered to pay compensation of such amount as may be determined by the court, to the person in respect of whom the offence was committed.”.

Employment of Women, Young Persons and

Section 22 of the principal enactment is hereby amended as follows :—

in subsection (1) of that section by the substitution for the words “The employer, parent or guardian”

in subsection (2) of that section,—

by the substitution for the words “any employer parent or guardian”, of the words, “any employer, parent, custodian or guardian” ; and

by the substitution for all the words from “be liable” to the end of that subsection, of the words, “be liable to a fine not exceeding ten thousand rupees or imprisonment of either description for a period not exceeding twelve months or to both such fine and imprisonment.”.

Section 24 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution for all the words from “be liable” to the end of that subsection, of the words, “be liable to a fine not exceeding ten thousand rupees or imprisonment of either description for a period not exceeding twelve months or to both such fine and imprisonment.”.

Section 25 of the principal enactment is hereby amended as follows :—

by the repeal of the marginal note to that section and substitution therefor of the following marginal note :—

in subsection (1) of that section, by the substitution for the words “may enter”, of the words, “may enter and search” ; and

in subsection (3) thereof, by the substitution for all the words from “be liable” to the end of that subsection, of the words, “be liable to a fine not exceeding ten thousand rupees or imprisonment of either description for a period not exceeding twelve months or to both such fine and imprisonment.’.

Section 26 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution for all the words from “be liable” to the end of that subsection, of the words, “be liable to a fine not exceeding ten thousand rupees or imprisonment of either description for a period not exceeding twelve months or to both such fine and imprisonment.”.

Section 30 of the principal enactment is hereby amended as follows :—

by the insertion immediately after subsection (1)

by the repeal of subsection (2) of that section and the substitution therefor of the following subsection :—

Section 34 of the principal enactment is hereby amended as follows :—

in subsection (1) thereof by the substitution for the definition of the expression“authorized officer” and the substitution therefor of the following new definition :—

by the insertion of the following definition, immediately after the definition of the expression“child” :—

by the ommission of the definition of the expression“street trading”.

In the event of any inconsistency between the Sinhala and Tamil text of this Act, the Sinhala text shall prevail.

Employment of Women, Young Persons and