Child Labour (P&R) Act:

Question No. 1: Any other law apart from Child Labour (Prohibition & Regulation) Act which prohibits     the employment of children below the age of 14 years?

  • Mines Act, 1952: The Minimum age of a person to be employed in mine is eighteen years as specified under sub-section (1) of Section 40 of the Mines Act, 1952.
  • Section 45 of Mines Act, 1952 prohibits presence of any person  below 18 years of age in any part of the mine above ground where any operation connected with or incidental to any mining operation is being carried on.
  • Factories Act, 1948 prohibits employment of child who has not completed 14 years.
  • The Merchant Shipping Act, 1958 prohibits children less than 14 years of age to or carried to sea work in any capacity in any ship,subject to certain exceptions.
  • The Motor Transporters Act, 1961 prohibits employment of children less than 14 years in any motor transport undertaking.
  • The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 prohibits the employment of children less than 14 years of age in any industrial premises manufacturing beedi or cigar.
  • Bonded Labour System (Abolition) Act 1976 prohibits the employment of any person including children.
  • Explosive Act, 1984 prohibits the employment of children below the age of 18 years.

Question No. 2: Are there any Constitutional Provisions Prohibiting the Employment of Children?

Constitutional Provisions:

Article 21A: Right to Education  The State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State, by law, may determine.

Article 24: Prohibition of employment of children in factories etc. No child below the age of fourteen years shall be employed in work in any factory or mine or engaged in any other hazardous employment.

Article 39: The State shall, in particular, direct its policy towards securing –

(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.

(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment

Article 45: Provision for early childhood care and education to children below the age of 6 years.  The State shall endeavour to provide early childhood care and education for all children until they complete the age of 6 years.

 

Question No. 3. Whether the Government is planning to add more occupations/processes under the Child Labour Act?

Inclusion of occupations & processes in the schedule to the Act is a continuous process and the Government decides whether an employment is hazardous or not in consultation with the Technical Advisory Committee constituted under Section 5 of the Act, which is a Statutory Committee,comprising of experts, as under:

i. Director General, Indian Council of Medical Research, New Delhi – Chairman

ii. Addl. Director General, Health Services, GOI, New Delhi - Member

iii. Director General, Factory Advice Services Labour Institute - Member

iv. Director, National Institute of Occupational Health, Ahmedabad - Member

v. Director, Industrial Toxicology Research Centre, Lucknow - Member

vi. Director, Ballabh Bhai Patel Chest Institute, New Delhi - Member

vii. Director, Paediatrics, All India Institute of Medical Sciences, ND - Member

viii. Director, Medical Services, Tamil Nadu - Member

ix. Director, Medical Services, Uttar Pradesh - Member

x. Joint Secretary, In charge of Child Labour Cell, MOL, New Delhi - Member

As of now, a total of 18 occupations and 65 processes have been included in

the Schedule to the Act on the advice of the Technical Advisory Committee

 

Question 4: Is there any law Prohibiting and Regulating Employment of Children?

Answer: Yes, Child Labour (Prohibition & Regulation) Act, 1986.

As per the Child Labour (Prohibition & Regulation) Act, 1986 “child” means a person who has not completed his 14th year of age.  The Act prohibits employment of children in 18 occupations and

65 processes contained in Part A & B of the Schedule to the Act ,

(Section 3).

                Under the Act, a Technical Advisory Committee is constituted to advice for inclusion of further occupations & processes in the Schedule (Refer Page No. 26).

The Act regulates the condition of employment in all occupations and processes not prohibited under the Act (Part III).

                Any person who employs any child in contravention of the provisions of section 3 of the Act is liable for punishment with imprisonment for a term which shall not be less than three months but which may extend to one year or with fine which shall not be less than Rs 10,000 but which may extend to Rs 20,000 or both.

(Section 14).

The Central and the State Governments enforce the provisions of the Act in their respective spheres.  Central Government is the appropriate authority for enforcement of Child Labour (P&R) Act in respect of establishments under the control of Central Government or a railway administration or a

major port or a mine or oil field and in all other cases, the State Government.

Question No 16: Which are the Occupations & Processes prohibited under the Act ?

List of Occupations & Processes prohibited under the Act:

Part A

Occupations (Non Industrial Activity)

Any occupation concerned with: -

(1) Transport of passengers, goods or mails by railways;

(2) Cinder picking, clearing of an ash pit or building operation in the railway premises;

(3) Work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from the one platform to another or in to or out of a moving train;

(4) Work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines;

(5) A port authority within the limits of any port;

(6) Work relating to selling of crackers and fireworks in shops with temporary licenses;

(7) Abattoirs/Slaughter House;

(8) Automobile workshops and garages;

(9) Foundries;

(10) Handling of toxic or inflammable substances or explosives;

(11) Handloom and power loom industry;

(12) Mines (underground and under water) and collieries;

(13) Plastic units and fibreglass workshops;

(14) Domestic workers or servants;

(15) Dhabas (roadside eateries), restaurants, hotels, motels, tea shops,

resorts, spas or other recreational centers; and

(16) Diving. 22

(17) Caring of elephant.

(18) Working in the circus.

Part B

 Processes (Industrial Activity)

(1) Beedi-making.

(2) Carpet-weaving including preparatory and incidental process thereof”;

(3) Cement manufacture, including bagging of cement.

(4) Cloth printing, dyeing and weaving including processes preparatory and incidental thereto:

(5) Manufacture of matches, explosives and fire-works.

(6) Mica-cutting and splitting.

(7) Shellac manufacture.

(8) Soap manufacture.

(9) Tanning.

(10) Wool-cleaning.

(11) Building and construction industry including processing and polishing of granite stones”

(12) Manufacture of slate pencils (including packing).

 (13) Manufacture of products from agate.

 (14) Manufacturing processes using toxic metals and substances such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos.

 (15) “Hazardous processes” as defined in Sec. 2 (cb) and ‘dangerous  operation’ as notice in rules made under section 87 of the Factories Act, 1948 (63 of 1948) 23

 (16) Printing as defined in Section 2(k) (iv) of the Factories Act, 1948 (63 of 1948)

(17) Cashew and cashewnut descaling and processing.

(18) Soldering processes in electronic industries.

(19) Aggarbatti’ manufacturing.

(20) Automobile repairs and maintenance including processes incidental thereto namely, welding, lathe work, dent beating and painting.

(21) Brick kilns and Roof tiles units.

(22) Cotton ginning and processing and production of hosiery goods.

(23) Detergent manufacturing.

(24) Fabrication workshops (ferrous and non ferrous)

(25) Gem cutting and polishing.

(26) Handling of chromite and manganese ores.

(27) Jute textile manufacture and coir making.

(28) Lime Kilns and Manufacture of Lime.

(29) Lock Making.

(30) Manufacturing processes having exposure to lead such as primary and secondary smelting, welding and cutting of lead-painted metal constructions, welding of galvanized or zinc silicate, polyvinyl chloride, mixing (by hand) of crystal glass mass, sanding or scraping of lead paint, burning of lead in enamelling workshops, lead mining, plumbing, cable making, wiring patenting, lead casting, type founding in printing shops. Store typesetting, assembling of cars, shot making and lead glass blowing.

(31) Manufacture of cement pipes, cement products and other related work.

(32) Manufacture of glass, glass ware including bangles, florescent tubes, bulbs and other similar glass products. 24

(33) Manufacture of dyes and dye stuff.

(34) Manufacturing or handling of pesticides and insecticides.

(35) Manufacturing or processing and handling of corrosive and toxic substances, metal cleaning and photo engraving and soldering processes in electronic industry.

(36) Manufacturing of burning coal and coal briquettes.

(37) Manufacturing of sports goods involving exposure to synthetic materials, chemicals and leather.

(38) Moulding and processing of fiberglass and plastic.

(39) Oil expelling and refinery.

(40) Paper making.

(41) Potteries and ceramic industry.

(42) Polishing, moulding, cutting, welding and manufacturing of brass goods in all forms.

(43) Processes in agriculture where tractors, threshing and harvesting machines are used and chaff cutting.

(44) Saw mill – all processes.

(45) Sericulture processing.

(46) Skinning, dyeing and processes for manufacturing of leather and leather products.

(47) Stone breaking and stone crushing.

(48) Tobacco processing including manufacturing of tobacco, tobacco paste and handling of tobacco in any form.

(49) Tyre making, repairing, re-treading and graphite beneficiation.

(50) Utensils making, polishing and metal buffing.

(51) ‘Zari’ making (all processes)’.

 (52) Electroplating;

(53) Graphite powdering and incidental processing;

(54) Grinding or glazing of metals; 25

(55) Diamond cutting and polishing;

(56) Extraction of slate from mines;

(57) Rag picking and scavenging;

(58) Processes involving exposure to excessive heat (e.g. working near

furnace) and cold;

(59) Mechanised fishing;

(60) Food Processing;

(61) Beverage Industry;

(62) Timber handling and loading;

(63) Mechanical Lumbering;

(64) Warehousing;

(65) Processes involving exposure to free silica such as slate, pencil industry, stone grinding, slate stone mining, stone quarries, and agate industry.

 

FAQ INFORMATION