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Come to me, all of you who are tired from carrying heavy
loads, and I will give you rest.
IF CHILD LABOUR IS THE QUESTION
THE ANSWER IS.......
Humanity minus Love and Kindness,
Watching a Child in Labour is hard,
But, Hard is the Labour for a Child,
A Child may bend its head for Labour,
But, We bend our heads because of Child Labour,
We have to mend this subject
With the object --- HUMANITY & CHILD LABOUR ACT
1986
ChildLabourAct1986
(Prohibition& Protection)
WHATISCHILDLABOUR?
ractice of having children
engage in economic activity,
on part or full time basis. The
practice deprives children of
their childhood, their
potential & their dignity and
that is harmful to their
physical, mental & social
development.
WHYCHILDLABOURACT NEEDED?
The constitution of India, in the fundamental right Article
number 24, prohibits childlabour.
RIGHTOFCHILDREN
No child below the age of 14shall be employed.
Central & state policy towards securing the health & the
strength of child and prevent child abuse.
Children are given opportunities & facilities for
their development in healthymanner.
Burden of child Labour inIndia
Child labour in India is ahuman right issue for the whole world.
It is aserious & extensiveproblem.
INDIAaccounts for the second highest number where
child labour in the world. AFRICAaccounts for highest.
According to statistics given by India government there
are almost 20 million bonded child labourers in the
country.
ORIGINOFCHILDLABOURACT 1986
Based on the recommendation of
GURUPADASWAMYCOMMITTEE1979,the child
labour act 1986 has passed on23December
1986
Act number 61of 1986
ACT Divided in four parts with
26 sections and two articles A&B
• PART I - PRELIMINARY
CONSIST SECTION 1 & 2 OF ACT
•
•
• PART II - PROHIBITION OF EMPLOYEMENT OF
CHILDREN IN CERTAIN OCCUPATIONS AND
PROCESSES
CONSIST SECTION 3,4 & 5 OF ACT
TWO ARTICLES A & B CONCERN WITH
SECTION 3
PART III – REGULATION OF CONDITIONS OF
WORK OF CHILDREN
CONSIST SECTION 6 TO 13 OF ACT
PART IV – MISCELLANEOUS
CONSIST SECTION 14 TO 26 OF ACT
Objective:
To prohibit the
engagement ofchildren in
certain employment’s
To regulate theconditions
of work of children in
certain other
employment’s.
SECTION-1
Short title,extent and commencement
ThisAct may be called the Child Labour (Prohibition and
Regulation) Act,1986.
It extends to the whole of India.
Theprovisions of thisAct, shall come into
force at once.
SECTION2
This section defines the various words and
expressions occurring in theAct.
Child:means aperson who hasnot completed his 14year of age.
Establishment: includes a shop, commercial establishment, work-shop,
farm, residential hotel, restaurant, eating-house, theatre or other place
of public amusement or entertainment.
Workshop:any premises wherein any industrial process in carried on.
Occupier:the person who has the ultimate control over the
establishment or workshop.
SECTION-3
This section imposes
prohibition on
employment of children
in the occupation and
processes specified in
the Schedule, PARTA&
PARTB
THESCHEDULE-PARTA Occupations
-
(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) Aport 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 andgarages;
(9) Foundries;
(10)Handling of toxic or inflammable substances or explosives;
(11)Handloom and power loomindustry;
(12)Mines (underground and under water) and collieries;
(13)Plastic units and fiberglassworkshops;
+(14) Employment of child asa domestic worker or servant;
+(15) employment of child in dhabas, restaurants, hotels, motels, tea shops, resorts, spasor
other recreationalcentres
THESCHEDULE-PARTB Processes
1)Beedi-making.
2) Carpet-weaving.
3) Cement manufacture, including bagging of cement.
4) Cloth printing, dyeing andweaving.
5) Manufacture of matches, explosives and fire-works.
6) Mica-cutting andsplitting.
7) Shellac manufacture.
8) Soap manufacture.
9) Tanning.
#(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)
#(16) Printing as defined in Sec.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
#(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)
#(16) Printing as defined in Sec.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 andpolishing.
(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
(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.
(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 andleather.
(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 – allprocesses.
(45) Sericulture processing.
(46) Skinning, dyeing and processes for manufacturing of leather and
leather products.
(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.
(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 andleather.
(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 benefication.
(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;
(55) Diamond cutting and polishing;
(56) Extraction of slate from mines;
(57) Rag picking and scavenging.
(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 benefication.
(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;
(55) Diamond cutting andpolishing;
(56) Extraction of slate from mines;
(57) Rag picking and scavenging.
a. for item (2), the following item shall be substituted,
namely:- ‘(2) carpet weaving including preparatory and incidental process thereof”;
b. for item(4), the following item shall be substituted,
namely:- “(4) cloth printing, dyeing and weaving including processes preparatory and
incidental thereto:
c. for item (11)the following shall be substituted,
namely:- “(11) Building and Construction Industry including processing and polishing of
granite stones”.
* Ins. by Notification No. S.O. 404(E) dated the 5th June1989 published in the Gazette of
India ,Extraordinary.
# Ins. by Notification No. S.O. 263 (E) dated 29th March,1994 published in the Gazette of
India, Extraordinary.
$Ins. Sr. No. 8-13in PartAand Sr. No. 19-51in Part Bby Notification No. S.O. 36 (E) dated
27th January 1999 published in the Gazette ofIndia, Extraordinary.
@ Ins. Sr. No. 52– 57 part Bby Notification No. S.O.397 (E) dated the 10th May 2001
published in the Gazette of India, Extraordinary.
+Ins.Amendment 10oct 2006 Part II- section 3-sub section ii, Gazette of India ,
Extraordinary.
a.for item (2), the following item shall be substituted,
namely:- ‘(2) carpet weaving including preparatory and incidental process thereof”;
b. for item(4), the following item shall be substituted,
namely:- “(4) cloth printing, dyeing and weaving including processes preparatory and
incidental thereto:
c.for item (11)the following shall be substituted,
namely:- “(11) Building and Construction Industry including processing and polishing of
granite stones”.
* Ins. by Notification No. S.O. 404(E) dated the 5th June1989 published in the Gazette of
India ,Extraordinary.
# Ins. by Notification No. S.O. 263 (E) dated 29th March,1994 published in the Gazette of
India, Extraordinary.
$Ins. Sr. No. 8-13in PartAand Sr. No. 19-51in Part Bby Notification No. S.O. 36 (E) dated
27thJanuary 1999 published in the Gazette ofIndia, Extraordinary.
@ Ins. Sr. No. 52– 57part Bby Notification No. S.O.397 (E) dated the 10th May 2001
published in the Gazette of India, Extraordinary.
+Ins.Amendment 10oct 2006 Part II- section 3-sub section ii, Gazette of India ,
Extraordinary.
SECTION-4
Power toamend the Schedule
The Central Government, after giving by notification in the official
Gazette, not less than three months’ notice of its intention so to do,
may, by like notification, add any occupation or process to the
Schedule and thereupon the Schedule shall be deemed to have been
amended accordingly.
SECTION-5
This section empowers the Central Government to
constitute the Child Labour TechnicalAdvisory
Committee for givingadvice
The Committee shall consist of aChairman and such other members
not exceeding ten, as may be appointed by the Central Government.
The Committee shall have power to regulate its own procedure.
The Committee may, if it deems it necessary so to do, constitute one
or more sub-committees and may appoint to any such sub-
committee, whether generally or for the consideration of any
particular matter.
SECTION-6
Application of Part on regulation of Conditions of
Work of Children
The provisions of this Part shall apply to an establishment or a
class of establishments in which none of the occupations or
processes referred to in Sec.3is carried on.
SECTION-7
HOURSAND PERIODOFWORKFORCHILDREN
No child shall be required or permitted to work in excess hours.
The period of work on each day so fixed that no period shall exceed
three hours and that no child shall work for more than three hours
before he has had an interval for rest for at least one hour.
The period of work of a child shall not be spread over more than six
hours, including interval time & the time spent in waiting for work.
No child shall be permitted to work between 7p.m. and 8 a.m.
No child shall be permitted or required to work overtime.
No child shall be permitted to work in any establishment on any day
on which he has already been working in another establishment.
SECTION-8
Weekly holidays
Every child employed in an establishment shall be allowed in
each week, aholiday or one whole day, which day shall be
specified by the occupier in anotice permanently exhibited
in aconspicuous place in the establishment.
SECTION-9:Notice to Inspector
(1) Every occupier in relation to an establishment in which a child was
employed, within aperiod of thirty days, send to the Inspector a
written notice containing the following particulars, namely :
(a) the name and situation of the establishment;
(b) the name ofoccupier;
(c) the address of establishment;
(d) the nature of the occupation or process.
Nothing in Secs.7,8and 9 shall apply to any establishment wherein
any process is carried on by the occupier with the aid of his family or
to any schools established by, or receiving assistance or recognition
from, Government.
SECTION-10:Disputes asto age
If any question arises between an Inspector and an occupier
asto the age of any child who is employed in an
establishment, the question shall, in the absence of a
certificate asto the age of such child granted by the
prescribed authority, be referred by the Inspector for decision
to the prescribed medical authority.
( Agovt. medical officer not below the rank of an Assistant surgeon of
a district or on officers having equivalent rank in ESIDispensaries or
hospitals)
FORMB
(Certificate of Age)
Certificate No…………..
I hereby certify that I have personally examined
(name………………………………………………
Son/daughter of …………………………………………………..residing
at…………………………..
and that he/she hascompleted his/her fourteenth year and his/her
age, asnearly ascan be ascertained from my examination
is………………………………………….years (Completed).
His/hers descriptive marks
Are………………………………………………………………………………………………………
……………………………………………………………………………………………………………
…….
Thumb-impression/signature of child……………………………………………
Place……………..
Medical Authority
Date……………….
Designation
SECTION-11:Maintenance ofregister
There shall be maintained by every occupier in respect of
children employed or permitted to work in any establishment,
showing –
(a)the name and date of birth of every child so employed or
permitted to work;
(b)hours and periods of work of any such child and the
intervals of rest to which he is entitled;
(c) the nature of work of any such child; and
(d) such other particulars asmay beprescribed.
SECTION-12
Display of notice containing abstract of Sections 3
and 14
This section makes provision for display of notice in a
conspicuous place at every railway station or port or place of
work, regarding prohibition of employment of child labour,
penalties, etc., in the local languages and in the English
language.
SECTION-13:Health and safety
he appropriate Government may, by notification in the official
Gazette, make rules for the health and safety of the children
employed or permitted to work in any establishment, for all or any of
the following matters, namely :
a) cleanliness in the place of work and its freedom for nuisance;
b) disposal ofwastes and effluents;
c) ventilation andtemperature;
d) dust andfume;
e) artificial humidification;
k) work at or near machinery in motion;
l) employment of children on dangerous machines;
m)instructions, training and supervision in relation to employment of
children on dangerousmachines;
n) device for cutting off power;
o) self-acting machinery;
p) easing of newmachinery;
q) floor, stairs and means ofaccess;
r) pits, sumps, openings in floors, etc.;
SECTION-14:Penalties
(1)Whoever employs any child or permits any child to work in contravention
of the provisions of Sec.3shall be punishable with imprisonment for aterm
which shall not be less than three months but which may extend to one
year or with fine which shall not be lessthan ten thousand rupees but which
may extend to twenty thousand rupees or with both.
(2)Whoever, having been convicted of an offence under Sec.3,commits a
like offence afterwards, he shall be punishable with imprisonment for a
term which shall not be lessthan six months but which may extend to two
years.
(3) Whoever – anyperson:-
(a) fails to give notice asrequired by Sec.9, or
(b) fails to maintain aregister asrequired by Sec.11or false entry or
(c) fails todisplay anotice or
(d) fails to comply with or contravenes any other provisions of thisAct-
shall be punishable with simple imprisonment which may extend to one
month or with fine which may extend to ten thousand rupees or with both
SECTION-15
Modified application of certain laws in relation to
penalties
This section makes provision of penalties under the Act even
when any person is found guilty and convicted of contravention
of any of the provisions mentioned below:
(a) Section 67 of the FactoriesAct, 1948 (63 of 1948);
(b) Section 40 of the MinesAct, 1952(35 of 1952);
(c) Section 109of the Merchant ShippingAct, 1958 (44 of 1958);
(d) Section 21of the Motor Transport WorkersAct, 1961(27of 1961)
SECTION-16
Procedure relating to offences:-
(1)Any person, police officer or Inspector may file a complaint
of the commission of an offence under this Act in any Court of
competent jurisdiction.
(2)Every certificate asto the age of achild which has been
granted by aprescribed medical authority shall.
(3)No court inferior to that of aMetropolitan Magistrate or a
Magistrate of the first class shall try any offence under thisAct.
SECTION- 17
Appointment of Inspectors
•The appropriate Government may appointinspectors
for the purposes of securing compliance with the
provisions of this Act and any inspector so appointed
shall be deemed to be apublic servant within the
meaning of the Indian Penal Code (45 0f 1860).
SECTION-18
Power to makerules
This section empowers the appropriate Government to make
rules, by notification in the official Gazette and subject to the
condition of previous publication, for carrying into effect the
provisions of thisAct.
SECTION-19
Rules and notifications to be laid before Parliament or
State legislature
(1)Every rules made under this Act by the Central Government
and every notification issued under Sec.4, shall be laid, assoon
asmay be after it is made or issued, before each House of
Parliament.
(2)Every rule made by aState Government under thisAct shall
be laid assoon asmay be after it is made, before the
Legislature of thatState.
SECTION-20
Certain other provisions of law not barred
This section lays down that the provision of this Act shall be in
addition to and not in derogation of, the provisions of the
FactoriesAct, 1948, the Plantations Labour Act, 1951and the
Mines Act, 1952.
SECTION-21
Power to removedifficulties
Under the provisions of this section the Central Government is
empowered to remove difficulties which arise in giving effect to the
provisions of thisAct.
Every order made under this section shall, assoon asmay be after it
is made, before the Houses of Parliament.
SECTION-22
Repeal and savings
It is well settled that when acompetent authority makes anew law
which is totally inconsistent with the earlier law and that the two
cannot stand together any longer it must be construed that the
earlier law had been repealed by necessary implication by the latter
law.
The Employment of ChildrenAct, 1938(26 of 1938) has been
repealed by thissection.
SECTION-23
Amendment of Act 1
1of 1948
Under this section, Sec.2of the Minimum WagesAct, 1948 has
been amended so asto define the terms “adolescent”,
“adult” and“child”.
Childmeans aperson who had not completed his 14year of age;
Adolescent means apersons who has completedhis 14year of
age but has not completed his 18year;
Adult means aperson who has completed his 18year of age
SECTION-24
Amendment of Act 69 of
1951
In thePlantations Labour Act, 1951–
a)in Sec.2in Cls.(a) and (c), for the word “fifteenth”, the word
“fourteenth” shall besubstituted;
b) Sec.24 shall be omitted;
c) in Sec.26, in the opening portion, the words “who has
SECTION-25
Amendment ofAct
44 of 1958
In the Merchant Shipping
Act, 1958,in Sec.109, forthe
word “fifteen”, the word
“fourteen” shall be
substituted.
SECTION-26
Amendment ofAct
27 of 1961
In the Motor Transport
Workers Act, 1961in Sec.2,in
Cls.(a), and (c), for the word
“fifteenth”, the word
“fourteenth” shall be
substituted.
Somegood practical example set byIndia
he government of India has been implementing asuccessful
programme- THENATIONALCHILDLABOURPROJECT(NCLP)since
1988 where in 7328special schools were opened for the children
withdrawn from work & providing them education, nutrition,
vocational training, stipend & health care etc.
India was the first country to join the “INTERNATIONAL
PROGRAMME ONTHEELIMINATION OFCHILDLABOUR” IN 1992.
This is a global
programme launched by international labour organization (ILO) in
1991
GLOBAL ACTION PLAN TO
ELIMINATING THE WORST
FORMS OF
CHILD LABOUR BY 2016
No one is born as a Labour in the
real sense of the world. It is the
society and the evils of the
systems that shapes the children
into labourers…
Thank you for your
attention !

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Child Labour Act 1986.pptx

  • 1. Come to me, all of you who are tired from carrying heavy loads, and I will give you rest. IF CHILD LABOUR IS THE QUESTION THE ANSWER IS....... Humanity minus Love and Kindness, Watching a Child in Labour is hard, But, Hard is the Labour for a Child, A Child may bend its head for Labour, But, We bend our heads because of Child Labour, We have to mend this subject With the object --- HUMANITY & CHILD LABOUR ACT 1986
  • 3. WHATISCHILDLABOUR? ractice of having children engage in economic activity, on part or full time basis. The practice deprives children of their childhood, their potential & their dignity and that is harmful to their physical, mental & social development.
  • 4.
  • 5. WHYCHILDLABOURACT NEEDED? The constitution of India, in the fundamental right Article number 24, prohibits childlabour. RIGHTOFCHILDREN No child below the age of 14shall be employed. Central & state policy towards securing the health & the strength of child and prevent child abuse. Children are given opportunities & facilities for their development in healthymanner.
  • 6. Burden of child Labour inIndia Child labour in India is ahuman right issue for the whole world. It is aserious & extensiveproblem. INDIAaccounts for the second highest number where child labour in the world. AFRICAaccounts for highest. According to statistics given by India government there are almost 20 million bonded child labourers in the country.
  • 7.
  • 8. ORIGINOFCHILDLABOURACT 1986 Based on the recommendation of GURUPADASWAMYCOMMITTEE1979,the child labour act 1986 has passed on23December 1986 Act number 61of 1986
  • 9. ACT Divided in four parts with 26 sections and two articles A&B • PART I - PRELIMINARY CONSIST SECTION 1 & 2 OF ACT • • • PART II - PROHIBITION OF EMPLOYEMENT OF CHILDREN IN CERTAIN OCCUPATIONS AND PROCESSES CONSIST SECTION 3,4 & 5 OF ACT TWO ARTICLES A & B CONCERN WITH SECTION 3 PART III – REGULATION OF CONDITIONS OF WORK OF CHILDREN CONSIST SECTION 6 TO 13 OF ACT PART IV – MISCELLANEOUS CONSIST SECTION 14 TO 26 OF ACT
  • 10. Objective: To prohibit the engagement ofchildren in certain employment’s To regulate theconditions of work of children in certain other employment’s.
  • 11. SECTION-1 Short title,extent and commencement ThisAct may be called the Child Labour (Prohibition and Regulation) Act,1986. It extends to the whole of India. Theprovisions of thisAct, shall come into force at once.
  • 12. SECTION2 This section defines the various words and expressions occurring in theAct. Child:means aperson who hasnot completed his 14year of age. Establishment: includes a shop, commercial establishment, work-shop, farm, residential hotel, restaurant, eating-house, theatre or other place of public amusement or entertainment. Workshop:any premises wherein any industrial process in carried on. Occupier:the person who has the ultimate control over the establishment or workshop.
  • 13. SECTION-3 This section imposes prohibition on employment of children in the occupation and processes specified in the Schedule, PARTA& PARTB
  • 14. THESCHEDULE-PARTA Occupations - (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) Aport 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 andgarages; (9) Foundries; (10)Handling of toxic or inflammable substances or explosives; (11)Handloom and power loomindustry; (12)Mines (underground and under water) and collieries; (13)Plastic units and fiberglassworkshops; +(14) Employment of child asa domestic worker or servant; +(15) employment of child in dhabas, restaurants, hotels, motels, tea shops, resorts, spasor other recreationalcentres
  • 15. THESCHEDULE-PARTB Processes 1)Beedi-making. 2) Carpet-weaving. 3) Cement manufacture, including bagging of cement. 4) Cloth printing, dyeing andweaving. 5) Manufacture of matches, explosives and fire-works. 6) Mica-cutting andsplitting. 7) Shellac manufacture. 8) Soap manufacture. 9) Tanning.
  • 16. #(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) #(16) Printing as defined in Sec.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 #(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) #(16) Printing as defined in Sec.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 andpolishing. (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
  • 17. (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. (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 andleather. (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 – allprocesses. (45) Sericulture processing. (46) Skinning, dyeing and processes for manufacturing of leather and leather products. (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. (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 andleather. (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.
  • 18. (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 benefication. (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; (55) Diamond cutting and polishing; (56) Extraction of slate from mines; (57) Rag picking and scavenging. (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 benefication. (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; (55) Diamond cutting andpolishing; (56) Extraction of slate from mines; (57) Rag picking and scavenging.
  • 19. a. for item (2), the following item shall be substituted, namely:- ‘(2) carpet weaving including preparatory and incidental process thereof”; b. for item(4), the following item shall be substituted, namely:- “(4) cloth printing, dyeing and weaving including processes preparatory and incidental thereto: c. for item (11)the following shall be substituted, namely:- “(11) Building and Construction Industry including processing and polishing of granite stones”. * Ins. by Notification No. S.O. 404(E) dated the 5th June1989 published in the Gazette of India ,Extraordinary. # Ins. by Notification No. S.O. 263 (E) dated 29th March,1994 published in the Gazette of India, Extraordinary. $Ins. Sr. No. 8-13in PartAand Sr. No. 19-51in Part Bby Notification No. S.O. 36 (E) dated 27th January 1999 published in the Gazette ofIndia, Extraordinary. @ Ins. Sr. No. 52– 57 part Bby Notification No. S.O.397 (E) dated the 10th May 2001 published in the Gazette of India, Extraordinary. +Ins.Amendment 10oct 2006 Part II- section 3-sub section ii, Gazette of India , Extraordinary. a.for item (2), the following item shall be substituted, namely:- ‘(2) carpet weaving including preparatory and incidental process thereof”; b. for item(4), the following item shall be substituted, namely:- “(4) cloth printing, dyeing and weaving including processes preparatory and incidental thereto: c.for item (11)the following shall be substituted, namely:- “(11) Building and Construction Industry including processing and polishing of granite stones”. * Ins. by Notification No. S.O. 404(E) dated the 5th June1989 published in the Gazette of India ,Extraordinary. # Ins. by Notification No. S.O. 263 (E) dated 29th March,1994 published in the Gazette of India, Extraordinary. $Ins. Sr. No. 8-13in PartAand Sr. No. 19-51in Part Bby Notification No. S.O. 36 (E) dated 27thJanuary 1999 published in the Gazette ofIndia, Extraordinary. @ Ins. Sr. No. 52– 57part Bby Notification No. S.O.397 (E) dated the 10th May 2001 published in the Gazette of India, Extraordinary. +Ins.Amendment 10oct 2006 Part II- section 3-sub section ii, Gazette of India , Extraordinary.
  • 20. SECTION-4 Power toamend the Schedule The Central Government, after giving by notification in the official Gazette, not less than three months’ notice of its intention so to do, may, by like notification, add any occupation or process to the Schedule and thereupon the Schedule shall be deemed to have been amended accordingly.
  • 21. SECTION-5 This section empowers the Central Government to constitute the Child Labour TechnicalAdvisory Committee for givingadvice The Committee shall consist of aChairman and such other members not exceeding ten, as may be appointed by the Central Government. The Committee shall have power to regulate its own procedure. The Committee may, if it deems it necessary so to do, constitute one or more sub-committees and may appoint to any such sub- committee, whether generally or for the consideration of any particular matter.
  • 22. SECTION-6 Application of Part on regulation of Conditions of Work of Children The provisions of this Part shall apply to an establishment or a class of establishments in which none of the occupations or processes referred to in Sec.3is carried on.
  • 23. SECTION-7 HOURSAND PERIODOFWORKFORCHILDREN No child shall be required or permitted to work in excess hours. The period of work on each day so fixed that no period shall exceed three hours and that no child shall work for more than three hours before he has had an interval for rest for at least one hour. The period of work of a child shall not be spread over more than six hours, including interval time & the time spent in waiting for work. No child shall be permitted to work between 7p.m. and 8 a.m. No child shall be permitted or required to work overtime. No child shall be permitted to work in any establishment on any day on which he has already been working in another establishment.
  • 24. SECTION-8 Weekly holidays Every child employed in an establishment shall be allowed in each week, aholiday or one whole day, which day shall be specified by the occupier in anotice permanently exhibited in aconspicuous place in the establishment.
  • 25. SECTION-9:Notice to Inspector (1) Every occupier in relation to an establishment in which a child was employed, within aperiod of thirty days, send to the Inspector a written notice containing the following particulars, namely : (a) the name and situation of the establishment; (b) the name ofoccupier; (c) the address of establishment; (d) the nature of the occupation or process. Nothing in Secs.7,8and 9 shall apply to any establishment wherein any process is carried on by the occupier with the aid of his family or to any schools established by, or receiving assistance or recognition from, Government.
  • 26. SECTION-10:Disputes asto age If any question arises between an Inspector and an occupier asto the age of any child who is employed in an establishment, the question shall, in the absence of a certificate asto the age of such child granted by the prescribed authority, be referred by the Inspector for decision to the prescribed medical authority. ( Agovt. medical officer not below the rank of an Assistant surgeon of a district or on officers having equivalent rank in ESIDispensaries or hospitals)
  • 27. FORMB (Certificate of Age) Certificate No………….. I hereby certify that I have personally examined (name……………………………………………… Son/daughter of …………………………………………………..residing at………………………….. and that he/she hascompleted his/her fourteenth year and his/her age, asnearly ascan be ascertained from my examination is………………………………………….years (Completed). His/hers descriptive marks Are……………………………………………………………………………………………………… …………………………………………………………………………………………………………… ……. Thumb-impression/signature of child…………………………………………… Place…………….. Medical Authority Date………………. Designation
  • 28. SECTION-11:Maintenance ofregister There shall be maintained by every occupier in respect of children employed or permitted to work in any establishment, showing – (a)the name and date of birth of every child so employed or permitted to work; (b)hours and periods of work of any such child and the intervals of rest to which he is entitled; (c) the nature of work of any such child; and (d) such other particulars asmay beprescribed.
  • 29. SECTION-12 Display of notice containing abstract of Sections 3 and 14 This section makes provision for display of notice in a conspicuous place at every railway station or port or place of work, regarding prohibition of employment of child labour, penalties, etc., in the local languages and in the English language.
  • 30. SECTION-13:Health and safety he appropriate Government may, by notification in the official Gazette, make rules for the health and safety of the children employed or permitted to work in any establishment, for all or any of the following matters, namely : a) cleanliness in the place of work and its freedom for nuisance; b) disposal ofwastes and effluents; c) ventilation andtemperature; d) dust andfume; e) artificial humidification;
  • 31. k) work at or near machinery in motion; l) employment of children on dangerous machines; m)instructions, training and supervision in relation to employment of children on dangerousmachines; n) device for cutting off power; o) self-acting machinery; p) easing of newmachinery; q) floor, stairs and means ofaccess; r) pits, sumps, openings in floors, etc.;
  • 32. SECTION-14:Penalties (1)Whoever employs any child or permits any child to work in contravention of the provisions of Sec.3shall be punishable with imprisonment for aterm which shall not be less than three months but which may extend to one year or with fine which shall not be lessthan ten thousand rupees but which may extend to twenty thousand rupees or with both. (2)Whoever, having been convicted of an offence under Sec.3,commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not be lessthan six months but which may extend to two years. (3) Whoever – anyperson:- (a) fails to give notice asrequired by Sec.9, or (b) fails to maintain aregister asrequired by Sec.11or false entry or (c) fails todisplay anotice or (d) fails to comply with or contravenes any other provisions of thisAct- shall be punishable with simple imprisonment which may extend to one month or with fine which may extend to ten thousand rupees or with both
  • 33. SECTION-15 Modified application of certain laws in relation to penalties This section makes provision of penalties under the Act even when any person is found guilty and convicted of contravention of any of the provisions mentioned below: (a) Section 67 of the FactoriesAct, 1948 (63 of 1948); (b) Section 40 of the MinesAct, 1952(35 of 1952); (c) Section 109of the Merchant ShippingAct, 1958 (44 of 1958); (d) Section 21of the Motor Transport WorkersAct, 1961(27of 1961)
  • 34. SECTION-16 Procedure relating to offences:- (1)Any person, police officer or Inspector may file a complaint of the commission of an offence under this Act in any Court of competent jurisdiction. (2)Every certificate asto the age of achild which has been granted by aprescribed medical authority shall. (3)No court inferior to that of aMetropolitan Magistrate or a Magistrate of the first class shall try any offence under thisAct.
  • 35. SECTION- 17 Appointment of Inspectors •The appropriate Government may appointinspectors for the purposes of securing compliance with the provisions of this Act and any inspector so appointed shall be deemed to be apublic servant within the meaning of the Indian Penal Code (45 0f 1860).
  • 36. SECTION-18 Power to makerules This section empowers the appropriate Government to make rules, by notification in the official Gazette and subject to the condition of previous publication, for carrying into effect the provisions of thisAct.
  • 37. SECTION-19 Rules and notifications to be laid before Parliament or State legislature (1)Every rules made under this Act by the Central Government and every notification issued under Sec.4, shall be laid, assoon asmay be after it is made or issued, before each House of Parliament. (2)Every rule made by aState Government under thisAct shall be laid assoon asmay be after it is made, before the Legislature of thatState.
  • 38. SECTION-20 Certain other provisions of law not barred This section lays down that the provision of this Act shall be in addition to and not in derogation of, the provisions of the FactoriesAct, 1948, the Plantations Labour Act, 1951and the Mines Act, 1952.
  • 39. SECTION-21 Power to removedifficulties Under the provisions of this section the Central Government is empowered to remove difficulties which arise in giving effect to the provisions of thisAct. Every order made under this section shall, assoon asmay be after it is made, before the Houses of Parliament.
  • 40. SECTION-22 Repeal and savings It is well settled that when acompetent authority makes anew law which is totally inconsistent with the earlier law and that the two cannot stand together any longer it must be construed that the earlier law had been repealed by necessary implication by the latter law. The Employment of ChildrenAct, 1938(26 of 1938) has been repealed by thissection.
  • 41. SECTION-23 Amendment of Act 1 1of 1948 Under this section, Sec.2of the Minimum WagesAct, 1948 has been amended so asto define the terms “adolescent”, “adult” and“child”. Childmeans aperson who had not completed his 14year of age; Adolescent means apersons who has completedhis 14year of age but has not completed his 18year; Adult means aperson who has completed his 18year of age
  • 42. SECTION-24 Amendment of Act 69 of 1951 In thePlantations Labour Act, 1951– a)in Sec.2in Cls.(a) and (c), for the word “fifteenth”, the word “fourteenth” shall besubstituted; b) Sec.24 shall be omitted; c) in Sec.26, in the opening portion, the words “who has
  • 43. SECTION-25 Amendment ofAct 44 of 1958 In the Merchant Shipping Act, 1958,in Sec.109, forthe word “fifteen”, the word “fourteen” shall be substituted.
  • 44. SECTION-26 Amendment ofAct 27 of 1961 In the Motor Transport Workers Act, 1961in Sec.2,in Cls.(a), and (c), for the word “fifteenth”, the word “fourteenth” shall be substituted.
  • 45. Somegood practical example set byIndia he government of India has been implementing asuccessful programme- THENATIONALCHILDLABOURPROJECT(NCLP)since 1988 where in 7328special schools were opened for the children withdrawn from work & providing them education, nutrition, vocational training, stipend & health care etc. India was the first country to join the “INTERNATIONAL PROGRAMME ONTHEELIMINATION OFCHILDLABOUR” IN 1992. This is a global programme launched by international labour organization (ILO) in 1991
  • 46. GLOBAL ACTION PLAN TO ELIMINATING THE WORST FORMS OF CHILD LABOUR BY 2016 No one is born as a Labour in the real sense of the world. It is the society and the evils of the systems that shapes the children into labourers…
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  • 48. Thank you for your attention !