SALIENT FEATURES OF THE CHILD LABOUR (PROHIBITION &  REGULATION) ACT 1986

Child Labour (Prohibition & Regulation) Act, 1986 was the culmination of effort and ideas that emerged from the deliberations and recommendations of various committees on child labour. Significant among them are the National Commission on Labour (1966-69), Gurupadaswamy Committee on Child Labour (1979). Sanat Mehta Committee (1984) and others.

 

The basic objective of the Child Labour (Prohibition & Regulation) Act 1986, is to ban employment of children below the age of 14 years in factories, mines and hazardous employment's and to regulate the working conditions of children in other employment's.

   

The Act:

Bans the employment of children, i.e. those who have not completed their 14th year, in specified occupations and process;

Lays down a procedure to make additions to the schedule of banned occupations or processes;

Regulates the working conditions of children in occupations where they are not prohibited from working;

Lays down penalties for employment of children in violation of the provisions of this Act, and these Acts which forbid the employment of children;

Brings out uniformly in the definition of "Child " in related laws.

 

The Act prohibits employment of children below 14 years of age in occupations and processes listed in Part A and B of the Schedule to the Act. Through a Notification dated 26.5.1993, the working conditions of children have been regulated in all employments, which are not prohibited under the Child Labour (Prohibition & Regulation) Act 1986. Through a Notification dated 27.1.1999 the Schedule has been modified by adding six more occupations and 33 processes, thereby bringing the total to 13 occupations and 51 processes respectively.

 

Section 5 of the child Labour (Prohibition & Regulation) Act 1986, provides for the constitution of a child labour Technical Advisory Committee to advise the Central Government for the purpose of addition of occupations and processes to the schedule of the Act.

 

<%'%>          The list of 13 occupations and 51 processes that have been prohibited under <%'%> <%'%> the Child Labour (Prohibition & Regulation) Act 1986, are as follows:          <%'%>

Occupations

1)      Transport of passengers, goods or mails by railways

2)      Cinder picking, cleaning 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 one platform to another or into 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 part authority within the limits of any port

6)      Work relating to selling of crackers and fireworks in shop with temporary licenses

7)      Abattoirs / Slaughter Houses

8)      Automobile workshops and garages

9)      Foundries

10)   Handling of toxic of inflammable substances or explosives

11)   Handloom and power loom industry

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

13)   Plastic units and fibreglass workshops

 

Processes

1)      Beedi-making

2)      Carpet-weaving including preparatory

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 fireworks

6)      Mica-cutting and splitting

7)      Shellac manufacture

8)      Soap Manufacture

9)      Tanning

10)   Wool-cleaning

11)   Building and construction industry

12)   Manufacture of slate pencils including packing

13)   Manufacture of products from agate

14)   Processes using toxic metals and substance such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos

15)   "Hazardous processes" as defined in Section 2 (c,d) and 'dangerous operations' as notified in rules made under Section 87 of the Factories Act 1948(63 of 1948)

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

17)   Cashew and cashew nut 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 and coir making

29)   Lock Making

30)   Manufacturing processes having exposure to lead such as primary and secondary smelling, 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 scrapping of lead paint, burning of lead mining, plumbing cable making, wire patenting lead casting type founding in printing shops. Store type setting, assembling of cars, shot making and lead glass blowing.

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

32)   Manufacture of glass, glassware including bangles, florescent tubes, bulbs and other similar glass products

33)   Manufacturing of dyes and dye stuff

34)   Manufacturing or processing and handling of pesticides and insecticides

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

36)   Manufacturing or burning coal and coal briquettes

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

38)   Molding and processing of fiberglass and plastic

39)   Oil expelling and refinery

40)   Paper making

41)   Potteries and ceramic industry

42)   Polishing, molding, cutting, welding, manufacture of brass goods in all forms

43)   Processing in agriculture where tractors, threshing and harvesting machines are used and chaff cutting

44)   Saw mill-all processes

45)   Sericulture processing

46)   Skinning, dying 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 benefaction  

50)   Utensils making, polishing and metal burring

51)   'Zari' making (all processes)

52)   Electro plating

53)   Graphite powedering and incidental processing

54)   Grinding or glazing of metals

55)   Diamond cutting and polishing

56)   Extraction of slate from mines

57)   Rag picking and scavenging