XVIII PART

arILD LABOUR (PROHIBITION

AND REGULATION)
ACT,
1986
Introduction
The children are delicate
and precious flowers of life. It is
potential embodiment of our ideals, undisputed that they are
the
aspirations, ambitions,
sincerely visualize in their innocent dreams and hopes. Öne may
imitted rulers, devoted policy makers,personalities the great scientists, philosopherS,
utilitarian legislators, efficient administrators,
nrthy engineer, enlightened industrialists, patriotic
iizens always to serve nation and apostle of International and dedicated soldiers and best
peace and security of 21st
Sintury. The child, for the full and the harmonious
development or
should grow up in a very congenial family environment, an of his her personality
Iove and understanding. In fact, child by virtue in atmosphere of happiness,
of his physical and mental immaturity needs
Special safeguards and care including appropriate legal protection, before
and after birth.
Hon'ble Mr. Justice Hansaria' has quoted fine poetic expression of MAMIE GENE
COLE "I am the child : All the world waits for my coming. All
the earth watches with
interest to see what I shall becomne" --and makes excellent remarks." It may be
that the aforesaid appeallies at the back of the saying that "child is the father of man". To
enable fathering of a valiant and vibrant man, the child must be groomed well in the
formative years of his life. He must receive education, acquire knowledge of man and
materials and blossom in such an atmosphere that on reaching age, he is found to be a man
with a mission, a man who matters so far as the society is concerned.
Invariably all parents wish that their lovely children get best possible education and
affectionate care. They desire to arrange recreational facilities, medical assistance, rich
nutrition, fine clothes, decorated, adequately lighted and ventilated house accommodation
and what not suitable and necessary for their charming flowers of life. care But this is a harsh
avenues, health and even bare
reality that they miserably fail to arrange educational socio-economic
necessities of life because of utter poverty, lack of education and bad
should have been at
conditions. Under these compelling circumstances when theinchildrento survive and really
for work order
schools are forced to live on streets and search get and parents, voluntarily but
or anywhere they job,
work in factories, shops, hotels involving hazardous processes. In this
painfully allow them to work even in industries
way children form the category of child labour.
Contributions of ILO to Prohibition and Regulation
to any
not a recent phenomenon and that too not confined
The child labour is
one or the other in almost all the countries of
the
in form
particular state. It has existed at the international level
of the people and, therefore, Organisation
world which shocked the conscience (ILO) has
a view to eradicate child labour the
International Labour of the
with Recommendations so far. The main thrust
many as Conventions and 16
adopted as 18 of children, (ii) medical
Conventions have been on : (i) minimum age for employment children.2
ILO prohibition of night work for
examination of children and (ii) and really the U.N. General
safeguard interest of the children effectively With
In order
on
to
20, 1989 adopted Convention on the Rights of the Child. for
Assembly November 1992, it has now become obligatory
in December
India's ACcession to the Convention
measures effectively to eliminate the
scourge of child labour
the Govt. of India to undertake
proportions in recent days.
Which has assumed serious
SCC (L & S) 49.
Tamil Nadu and others, 1997
1 M.C. Mehta v. State of on the Rights of the Child on Child
Labour in
Impact of U.N. Convention on Rights of the Child,
Goswami V.G., Issue
2
Socio Juridical Approach L.U. Law Journal, Special
India-A
1994, pp. 55-76.
[985]
 986 LABOUR AND INDUSTRIAL LAWS

The Government of India deposited its instrument of accession to the above-

mentioned conventions on 11-12-1992 with the United Nations' Secretary-General. That
instrument contains the following declaration:
"While fully subscribing to the objectives and purposes of the Convention.
realising that certain of the rights of the child, namely those pertaining to the economic
social and cultural rights can only be progressively implemented in the developing
countries, subject to the extent of available resources and within the framework o
international cooperation; recognising that the child' has to be protected from
exploitation of all forms including economic exploitation; noting that for several
reasons children of different ages do work in India; having prescribed minimum ages
tor employment in hazardous occupations and in certain other areas; having made
regulatory provisions regarding hours and conditions of employment; and being aware
that it is not practical immediately to prescribe minimum ages for admission to each
and every area of employment in India--the Government of India undertakes to take
measures to progressively implement the provisions of Article 32, particularly
paragraph 2 (a), in accordance with its national legislation and relevant internationa
instruments to which it is a State Party."
Article 32 of which mention has been made in the instrument of accession reads as
below:
1. State parties recognise the right of the child to be protected from economic
exploitation and from performing any work that is likely to be hazardous or
to interfere with the child's education, or to be
or physical, mental, spiritual, moralor harmful to the child's health
socialdevelopment.
2. State Parties shall take legislative,
administrative, social and educational
measures to ensure the implementation
of the present article. To this end, and
having regard to the relevant provisions of other international
State Parties shall in particular :
instruments,
(a) Provide for a minimum age or
minimum ages for admission to employment;
(b) provide for appropriate
regulations of the hours and conditions of
employment';
(c) Provide for appropriate penalties or other sanctions to ensure
effective enforcement of the present article." the
Supreme Court emphatically stated
been playing an important role in the process that the International Labour Organisation
of gradual elimination of child has
protect the child from industrial labour and' to
exploitation. It has focussed five
1. Prohibition of child labour.
main issues:
2. Protecting child labour at
work.
3. Attacking the basiccauses
of child labour.
4. Helping children to adapt to
future work.
5. Protecting the children
of working parents.
Till now 18 converntions
and 16recommendations have
interest of working children all over been adopted by the ILO the
the world. in
Indian Scenario
In India, Sivakasi has ceased
to be the only centre
is no longer confined to employing
described Bhawnagar as that place. A write up in the Indian child labour. The malady
another Sivakasi, as the town Express of 25-10-1996 has
atleast 13000 children employed of about 4 lakh population has
India has indeed spread in 300 different industries.
The problem of child labour in
commendable work of U.N. its fangs far and wide. The Supreme Court
to highlight the magnitude volunteer, Neera Burra "Born to work-Child referred to
of the problem. The child labour by now an Labour in India"
though its acuteness differs area is
Central Government from to area. So, without a all India evil,
and various State Governments, concerted effort of both the
this ignominy would not
get wiped
 CHILD LABOUR (PROHIBITION
AND REGULATION) ACT,
1986 987
out. Their Lordships observed, "We have,
therefore,
Confines of Sivakai. We would address ourselves as thought we fit to travel beyond the
tackle the problem of child to how can, and are required to
labour, solution of which is necessary build a

Constitution Call
to better India."3

Toaccomplish the aforesaid task, we have first to note

1on the subject, which are contained in the following the constitutional mandate and
articles :
24. Prolhibition of employment of children in factories,
etc.-No child below the age of
fourteen years shali be employed to work in any factory or mine or engaged in any
hazardous employment. other
39 (e) that the health and strength of workers, men and women, and the tender age of
ohildren are not abused and that citizens are not forced by economic necessity to enter
avocations unsuited to their age or strength;
39 () 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 mnaterial abarndonment.
41. Right to work, to education and to public assistance in certain cases.The state shall,
within the limits of its economiccapacity and development, make effective provisions for
securing the right to work, to education and to public assistance in cases of unemployment,
old age, sickness and disablement, and in other cases of undeserved want.
45. Provision for free and compulsory education for children.--The State shall endeavor
to provide, within a period of ten years from the commencement of this Constitution, for free
and compulsoryeducation for all children until they complete the age of fourteen years.
to
47. Duty of the State to raise the level of nutrition and the standard of living and
imyrove public health.--The State shall regard the raising of the level of nutrition and the
as among its primary
standard of living of its people and the improvement of public health
the
duties and, in particular, the State shall endeavor to bring about prohibition of are
purposes of intoxicating drinks and of drugs which
consumption except for medicinal
injurious to health."
as were, known that India of
Our Constitution-makers, wise and sagacious they countryhad are not nurtured and
their vision would not be reality if the children
a of the
profit-makers for their personal gain had
educated. For this, their exploitation by different Article 24, which is
to be first indicted. It is this need, which has found manifestation in
on the fundamental right against
one of the two provisions in Part IV of our Constitution
alone would not permit the
exploitation. The framers were aware that this prohibition
child to contribute its mite to the nation-building
work unless it receives at least basic
our paramount parchment castinga duty
education. Article 45 was, therefore, inserted in education to children. (It isa
on the State to endeavor to provide free and compulsory
our Constitution is, after the decision by
known that this provision in Part IV of Krislnan, J.P. v. State of A.P. has acquired the
Constitution Bench of this Court in Unni to
status of a fundamental right). Our Constitution
contains some other provisions also
a child must be given an opportunity and facility
which we shall advert later, desiring that
to develop in a healthy manner.
one finding place in Article 24 has been fundamental
a
provisions, the
Of the aforesaid too has been raised to high pedestal by
a Unni
right ever since 28-1-1950, Article 45 are part of directive
Krishnan,5 which was decided
on 4.2.1993. Though other articles
are the governance of our country and it is the duty of all
principles, they fundamental in
Judiciary, being also one of the
organs of the Štate (Article 37) to apply these principles. upon to decide
organs of the State, has to keep the same in mind when called
three principal
1997 SCC (L & S) 49, where Supreme Court Act,
has
3. M.C. Mehta v. State of Tamil Nadu and otlers, Labour (Prohibition and Regulation)
systematically narrated background of the Child levels, indicating contributions of the ILO,
1986, efforts made at national and
international
and other labour enactments prohibiting child labour in India.
constitutional mandates
4 (1993) 1 SCC 645.
SCC 645.
5.

(1993) 1
 988 LABOUR AND INDUSTRIAL LAWS
a
matters great publicimportance. Abolition
of of child labour is definitely matter of great
public ooncern and significance.
Regulation of Employment of Children
In our country it was realiscd as carly as 1929 that law is required for prohibition
of young children asa conseguence of which
a Royal ommissionon Lab
employment
came to be established in 1929 to inquire into various matters relating to labour in this
country. The report came to be finalised in 1931. It brought to ligh many inequities and
shocking conditions under which children worked. The Commission had examined
conditions child labour in different industrics and had
of found that children had been
obliged to work any number of hours per day as required by their master. It was also
found that they were subject to corporal punishment. The Commission had felt great
concern at the placing of children by parents to employers in return tor small sums of
money; and as this system was found to be indefensible it recommended that any bond
placing a child should be regarded as void.
The recommendations of the Commission came to be discussed in the Legislative
Assembly and the Children (Pleading of Labour) Act, 1933 came to be passed, which may be
said to be the first statutory enactment dealing with child labour. Many statutes came to be
passed thereafter. As on today, the following legislative enactments are in force prohibiting
:
employment of child labour in different occupations
(i) Section 67 of Factories Act, 1948 :
"67. Prohibition of employment of young children.-No child who has not
completed his fourteenth year shall be required or allowed to work in any factory."
(ii) Section 24 of Plantation Labour Act, 1951 :
" 24. No child who has not completed his twelfth year shallbe required or
allowed to work in any plantation."
(ii) Section 109 of Merchant Shipping Ac, 1958 :
"109. No person under fifteen years of age shall be engaged or carried to sea
to work in any capacity in any ship, except
(a) in a school ship, or training ship, in accordance with the prescribed
conditions; or
(b) in aship in which all persons employed are members of one family; or
(c) in a home-trade ship of less than two hundred tons gross; or
(d) where such person is to be employed on nominal wages and will be in the
charge of his father or other adult near male relative.
(iv) Section 45 of Mines Act, 1952 :
"45. (1) Nochild shall be employed in any mine, nor shall any child
be allowed to
be present in any part of a mine which is below ground or in any open cast
working in which any mining operation is being carried on.
(2) After such date as the Central Government may, by notification
in the
Official Gazette, appoint in this behalf, no child shall be allowed to be
present in any part of a mine above ground where any operation connected
with or incidental to any mining operation is being carried on."
(v) Section 21 of Motor Transport Workers Act, 1961 :
"21. No child shall be required or allowed
transport undertaking."
towork in any capacity in any motor
(vi) Section 3 of Apprentices Act, 1961 :
"3. Qualifications for being engaged as an apprentice,-A person
qualified for being engaged as an apprentice to undergo shall not be
designated trade, unless he apprenticeship training in any
(a) is not less than fourteen years age,
of and
(b) satisfies such standards
of education and physical fitness as may be
prescribed:
 CHILD LABOUR (PROHIBITION
AND REGULATION)ACT, 1986
989
Provided that different standards may
be prescribed
in
training Section 24 of Beedi
in
different designated trades and for different categoriesrelation to apprenticeship
of apprentices.
(vi)w94. Proltibition and Cigar Workers (Conditions of Employment) Act, 1966:
of cmploymentof
any industrial premises," children--Nochild shall be required or allowed
to work in
Child Labour (Prolibition and Regulation)
(vi)Slhops and Conmnnercial
Act, 1986
(Act 61 of 1986).
(ix) Establislment Acts under different
6"
nomenclatures in various
Slales,
PART I

PRELIMINARY
Aims and Objects, Extent and Commencement
1.
The aforesaid narration of facts and legislative provisions already existing before the
Act shows
Codification ofthis that the legislature has strongly desired prohibition of Child
Act is, ex facie, a bold step. As
Labour and this its Preamble indicates it has
It intended to
prohibit the engagement of children in certain employments twintoobjective:
and regulate
the
conditions of work of children in certain other employments where children are
allowed to work.
There are number of Acts as indicated above which prohibit the employment of
children below 14 years and 15 years in certain specified employments. However, there is
noprocedurelaid down in any law for deciding in which employments or processes the
lovment of children should be banned. There is also no law to regulate the working
conditions of children in most of the employments where they are not prohibited to work
and consequently are working under exploitative conditions. Thus,this Act intended to:
(1) ban the employment of children, i.e., those who have not completed their
fourteenth year of age, in specified occupations and processes;
(2) ay down a procedure to decide modifications to the Schedule of banned
occupations or processes;
(3) regulate the conditions of work of children in employments where they are not
prohibited form working;
(4) lay down enhanced penalties for employment of children in violation of the
provisions of this Act, and other Acts which forbid the employment of children;
(5) to obtain uniformity in the definition of "child" in the related laws referred to
above.
(6) to empower the Central Government to constitute Child Labour Technical
Advisory Committee to advise the Central Government for the purpose of addition
of occupations and processes to the Schedule appended to the Act containing
as per
Occupations and processes in which prohibition of children operates
Section 3 of the Act.
The Act receiving assent of the President of India on December 23, 1986 was passed
With a view toachieve the above objects. Section 1 (2) of the Act provides that it extends
to
Lne whole of India. It has been provided under Section 1 (3) that the provisions of this Act,
than part III, shall come into force at once, and part III shall come into force on such
iner
date as the CentralGovernment may, by notification in the Official Gazette, appoint, and
class of
tnt dates may be appointed for different states and for different
establishments.

n exercise of powers conferred by sub-section (3) of Section 1 of the Act,a the Central
Government Notification
in order to regulate the conditions of work of children, issued
aea August 3, 1987 as corrected by S.O. 69 (E), dated 11-1-1989 to apply the provisions

rOr details see Dr. VG. Goswami "Impact of on the Rights of the Child on
U.N. Convention
:
nild Labour in India Socio-Juridical
A
Approach" Lucknow Law Journal, Special Issue on
Kights of the Child, Vol. I, 1994, pp. 55-76.
 INDUSTRIAL LAWS
990
LABOURAND

the following processes are carried

on -
to the establishments where
of Part III of the Act them :
the State/Union Territories mentioned against Delhiand Uttar Pradesh.
1. Zari Making and Embroidery
Gujarat and Rajasthan.
2. Precious Stone Polishing Madhya Pradesh and Andhra Pradesh.
3. Slate and Slate pencilmanufacturing Child Labe.
sub-section (3) of Section of the
1
powers conferred by Go
of
Again, in exercise Regulation) 1986 and in suppression of the S.0. 757 (E) of the
Act, Extraordinary. Pai
(P'rohibition and
Labour, published in the Gazette of India, corrigendum No
of India in the Ministry of dated the 3rd August, 1987, as corrected by to bo
II,Section 3, sub-section (ii),
January, 1989, except as respects things done or omitted
S.O. 69 (E), dated the 11th Government hereby applied the provisions of
the Central purposes of
done before such supersession, establishments throughout the country, for
Part IIIof the said Act to all
those following processes are carried on
children, where the
regulation of conditions of work of
namely :
1.Zari Making and Embroidery.
2. Precious Stone Polishing
3. Slate Manufacturing. 1993
a Notification S.O. 333 (E), dated May 26,
issued of the
Lastly, the Central Government 1993 as the date on which the provisions of Part II
appointing the 26th day of May, respect of allclasses of establishments,
throughout the territory
Act shall come into force in
and processes referred to in Section 3 of the Act
none of the occupations
of India, in which
is carried on. requires
Definitions.-In this Act, unless the context otherwise
Section 2.
means, in relation to an establishment
under the
(i) "appropriate
Government" a railway administration or major
a port or
Government or cases, the State
control of the Central Government, and in all other
a
mine or oilfield, the Central
Government; year of age ;
means a person who has not completed his fourteenth
(ii) "child" at midnight.
means a period of twenty-four hours beginning farm,
(iii) "day' a commercial establishment, workshop,
includes shop,
(iv) "Establishment' eating house, theater or other place of
public
residential hotel, restaurant,
amusenment or entertainnment; wife or husband,
as
means the individual, the
to an occupier, such
(v) "family", in relation individual, and their children, brother or sister of
the case may be, of such
individual;
an establishment or a workshop, means the person who
(vi) "occupier' in relation toover the affairs of the establishment or workshop;
has the ultimate control
mearns any authority administering part;
a
(vii) "port authority" 18;
"Prescribed' means prescribed by rules made under Section or
(viii) seven beginning at midnight on Saturday night
means a period of days area by the
(ix) "week"
night as may be approved in writing for a particular
such other
Inspector; wherein any
means any premises (including the precincts thereof) to which the
(x) "workshop" on, but does not include any premnises
industrial process is carried being
Section 67 of the Factories Act, 1948 (63 of 1948), for the time
provisions of
apply.
PART II
OCCUPATIONS
EMPLOYMENT OF CHILDREN IN CERTAIN
PROHIBITION OF
AND PROCESSES
occupations and
of children in certain occupations Se
Section 3. Prohibition of employment to work in any of the
S.-No child shall
processes.- be employed or permitted
 CHILD LABOUR (PROHIBITION
AND REGULATION)
ACT, 1986
.t Part A of the Scheduleor in any 991
of the Schedule is carried on: workship whercin any
of the processes set
B
Part
Provided that nothing in this section shall apply forth in
proccss is carried on by the occupier to any
pV, or reeiving assistance or with the aid of his
family or workshop wherein any
MC. Mcltta v. Statc of recognition from, Government. to any school established
dospite the constitutionalTamil Nadu nd otlers? where
tha children are an exploited mandates, the stark reality is thatthe Supreme Court observed
a lot. Child in our country like many
intractable, even after about 50 years of our labour is big problem a
legislative enactments prohibiting having become independent, and has remained
lesions. In our country, Sivakasiemployment of a child a despite various
atting prohibition of employing was once taken as theinWorst number of occupations
offender in the matterand
otrable, the public-spirited child labour. As the situation of
Court's power under Article lawyer, Shri M.C. Mehta, there had become
thought necessary to invoke
anteed by Article24 was being 32, as after all the fundamentalitright
3ame to be disposed of by an grossly violated. He, therefore, filed of the children
a1 12.1985,
there were order of
221 registered match 31.10.1990 by noting that in Sivakasi, this petition. It
1TATere
children. The Court factories employing 27,338 as on
fireworks (for the manufacture then noted that the marnufacturing process workmen of whon
rdous, giving rise to of which also Sivakasi of mnatches and
accidents. including cases. is a traditional centre) is
provisions contained fatal
irections as to hOw theinquality Articles 39 () and 45 of the So, keeping in view the
Constitution, it gave certain
ved. The Curt also felt of life of children enployed
given. the need of constituting a in the factories could be
committee to oversee the directions
Subsequently, suo
about an "unfortunate moto cognizance was taken in
accident", in one of the the present case itself when news
At the direction of the Court, Sivakasi cracker
alia that number Tamil Nadu Government filed factories was published.
of persons who died was a detailed
39. The Court gave certain counter stating, inter
the payment of compernsation
area and make a comprehensive and thought that an advocates' directions regarding
mentioned in the order of 14.8.1991.report relating to the variouscommittee should visit the
aspects of the matter, as
The Comnittee has submitted
recommendations, the summary of which is to be its report On 11.11.1991
below: found at pp. 24-25 of thecontaining many
report, reading as
(a) State of TamilNadu should be
fireworks factories. directed to ensure that children are not
employed in
(b) The children employed in the match
separate premises for packing. factories for packing purposes must
(c) Employers work in a
should
six hours a day. not be permitted to take work from the children
(d) Proper transport for more than
Government for travelling facilities should be provided by the employers
and back. of the children from their
homes to their work and State
(e)
places
Facilities for recreation, socialisation and
the factory or close to the factory. education should be provided either in
() Enmployers shouldmake
and in case they fail to do arrangements
so, the GOvernment for providing basic dietsfor the children
nay be directed to provide
dietone meala day programme in the State for basic
may be extended to the child
of Tamnil Nadu for school children
(g) Piece-rate wages Worker.
should be abolished and paynent should be
(h)
basis. Wages should be commensurate with the wvork done by themade on monthly
All the workers working
unregistered in the industry, whether in registered children. factories or in
factories, whether in cottage industry or on
be brought under the Insurance scheme. contract basis, should
7. (1993) 1 SCC 645 (Mr.
Hansaria, J).
 992 LABOUR AND INDUSTRIAL LAWS

(1) Welfare fund--For Sivakasi area. instead of present committee, a committe.

or a person
of equal status with
should be headed by a retired HichCourt Judge to Hon'ble Court or t
two social workers, who should be answerable either thisEmployers should bo
the High Court as may be directed byper this Hon'ble Court.
directed to deposit Rs. 2 per month worker towards Welfare Fund and the
employers of all the
State should be directed to givethe matching contribution. The is cottage industry
industries, whether it is registered or unregistered, whether it
or oncontract basis, to deposit Rs. 2 per month per worker.
the Committee. The President
Ihe Supreme Court appreciated the commendable work ofthe President of Tamil Nadi
of the AIlIndia Chamber of Match Industries, Sivakasi and was found by tho
Fireworks and Amorces Manufacturers' Association denied what etc.
Committee. The apex court considered yarious reports relating to working conditions, of
of child labour at Sivakasi. One of the reports concluded that extreme poverty, lack of
oPportunity for gainful employment and intermittancy of income and low standards
living are the main reasons for the wide prevalence of Child Labour. Though it is possible
a
to identify child labour in organised sector, which forms minuscule of total child labour.
to
the problem relates mainly to the unorganised sector where utmost attention nceds be
paid. The problem is universal but in our case it is more crucial.
The Supreme Court examined the magnitude of the problem, considered constitutional
mandates, international commitment, statutory provisions highlighting asto how the
problem of child labour has been viewed by our policy makers and what efforts have been
made to take care of this evil and held that Sectíon 3 of this Act prohibits employment of
children in certain occupations and processes. Part A of the Schedule to the Act contains
the names of the occupations in which no child can be employed or permitted to work; and
in Part B names of some processes have been mentioned in which nochild can be employed
or permitted to work. The Supreme Court quoted the Schedule. At the relevant time the
Schedule contained only 8 occupations in Part A and as many as 54 processes in Part
thereof.
It was further observed by the Supreme Court that Section 14 of the Act has provided
for punishment upto 1 year (minimum being 3 months) or with fine up to Rs. 20,000
(minimum being ten thousand) or with both, to one who employs or permits any child to
work in contravention of provisiöns in Section 3. Even so, it is common experience that
child labour continues to be employed. As to why this has happened despite the Act of
1986, has come to be discussed by Neera Burra, in her aforementioned book at pp. 246 to
250 of the 1995 edition. It has been first pointed out that the occupations and processes
dealt by the Act are same about which the repealed statute (Employment of Children Act,
1938) had mentioned, except that in Part B, one process has been added-the same being
building and construction industry". According to Neera, there are a number of loopholes
in the Act which has made it a "completely ineffective instrument for the removal of
children working in industry." One of the clear loopholes mentioned is that children can
continue to work if they are a part of family of labourers. It is not necessary for our
purposes to go into other infirmities pointed out. Nonetheless, it deserves to be pointed out
that the Act does not use the work "hazardous" anywhere, the implication of which is the
childrern may continue to work in those processes not involving chemicals. Neera has tried
tó show how impracticable and unrealistic it is to draw a distinction between hazardous
and non-hazardous processes in aparticular industry. The suggestion given is that what is
required is to list the whole industry as banned for child labour, which would make the
task of enforcemnent simpler and strategies of evasion more difficult.
The Court dealt with causes of failure referring a good number of authors. According
to Dr. J.C. Kulshreshtha the causes of failure are : (1) poverty; (2) low wages of the adult;
(3) unemployment; (4) absence of schemes for farnily allowance; (5)
areas; (6) large families; (7) children being cheaply migration to urban
available; (8) non existence of
provisions for compulsory education; (9) illiteracy and ignorance of parents; and (10)
traditional attitudes. Nazir Ahmad Shah has also expressed similar yiews in his book
Child Labour in India. In the article at pp. 65 to 68 of (1993) 3 SCJ
(Journal Section) titled
"Causes of the exploitation of child labour in India" Dr. Amar Singh
and Raghuvinder Singh,
who are attached to Himachal Pradesh University, have taken the same views.
 CHILD LABOUR (PROHIBITION
AND REGULATION) ACT, 1986
993
Ofhe aforesaid causes, it seems to us that the poverty
ronts of a child, despite their unwillingness, is basic reason which compels
to get it employed. The Survey Report of the
Ministryof Labour had also sated so. Otherwise, no
that a tender-aged child should toil in a factory a parents, specially no mother, would
enjoying its childhood eat
home under in difficult condition, instead of it
do?
the paternal gaze.
What to
It may be that the problem
would be taken care of to somne extent
Sulsory education. Indeed, Neera thinks that if there is at all a blueprint by insisting on
nblemof child labour, it is education, Even if it were to be so, the child
for tackling
ont would not reccive of a poor
cducation. if per force it has to earn to make the
Pds Therefore, unless the family is assured of income alitunde, family meet both
Ould hardly get solved; and it is the vital question which has remained problen of child labour
attended. We are, however, of the view that almost
Family, the question of abolition till an alternative income is assured to the
of child labour would really remain a will-o'-the-wisp.
Now. if employment of child below the age
of 14 is a
work in any factory or mine or engagement in other constitutional indication insofar as
hazardous work, and if it to
coen that all
children are given education till the age of 14 years, in view of has bea
6undamental right now, and if the wish embodies in Article 39 (e) this being
that the tender age of
children is not abused and citizens are not forced by economic
necessity to enter avocation
unsuited to their age, and if children are to be given opportunities to develop
in a healthy manner and childhood is to be protected
and facilities
against exploitation as visualised by
Article 39 (f), it seems to us that the least we ought to do is see to
legislative intendment behind enactment of the Child Labour (Prohibition
the fulfilment of
Act, 1986. Taking guidance therefrom, we are of the view that the
and Regulation)
offending employer must
be asked to pay compensation for every child employed in contravention of the provisions
of the Act a sum of Rs. 20,000; and the Inspectors, whose appointment is visualised
by
Section 17 to secure compliance with the provisions of the Act, should to this job. The
Inspectors appointed under Section 17 would see that for each child employed in violation
of the provisions of the Act, the employer concerned pays Rs. 20,000 which sum could be
deposited in a fund to be known as Child Labour rehabilitation-cum-Welfare Fund. The
liability of the employer would not cease even if he would desire to disengage the child
presently employed. It would perhaps be appropriate to have such a fund districtwise or
areawise. The fund so generated shall form corpus whose income shall be used only for the
child concerned. The quantum could be the income earned on the corpus deposited qua the
child. To generate greater income, fund can be deposited in highyielding scheme of any
nationalised bank or other public body.
As the aforesaid income could not be enough to dissuade the parent/guardian to seek
employment of the child, the State owes a duty to come forward to discharge its obligation
in this regard. After all, the aforementioned constitutional provisions have to be
implemented by the appropriate Government, which expression has been defined in Section
2 (1) of the Act to mean, in relation to establishment under the control of the Central
Government or a railway administration or a major port or mine or oilfield, the Central
a
Government, and in all other cases, the State Government.
Now, strictly speaking a strong case exists to invoke the aid of Article 41 of the
Constitution regarding the right to work and to give meaning to what has been provided in
population, and Articles 39 (e)
Article 47 relating to raising of standard of living of the
and () as to non abuse of tender age of children and givingsee opportunities and facilities to
them to develop in a healthy manner, for asking the State
to that an adult member of the
a or
ora mine in other hazardous work,
tamily, whose child is in employmnent in factory see the fulfilment of the wish
gets a job anywhere, in lieu of the child. This would also paramount parchment,
contained in Article 41 after about half century of its being in the
a
the status of fundamental
primary education desired by Article 45, having been given
ke by the decision in Unni Krislnan case. We are, however, not asking theasState at this
ight every case covered by Article 24, Article 41
SIage to ensure alternative employment in
economic capacity and development of
Speaks about right to work "within the limits of the
very number of child labour in the aforesaid occupations would
e State." The large
 INDUSTRIAL LAWS
994 LABOUR AND
of ndults, if
we were to ask the appropriate
require giving of job to very large number every caSe, wniCh would strate
GOvernment to assure alternative enmploymcnt in secure an
able to job for adult
resources of the State, in case it would not have been a sector organisation. We a in aa
or, for that matter, in public
private sector establishment sorted out b.Ot
1Ssuing any direction to do so presently. Instead, we leave the matter to be to provide ihe
cases where it would not be possible
appropriate Government. In thoseGovernment as
would, its contribution/grant, depoi aS
above-mentioned, the appropriate or or
cach child employed in tactory
a mine
aforesaid Fund a sum of Rs. 5000
for in any
the
other hazardous employment. an name wOuld be suggested h. .s
see adult (whose
The aforesaid would either getting a job in lieu of the child, or deposit of aee
parent/guardian of the child concerned) Rehabilitation-cum-Welfare Fund. In case of ot:n
of Rs. 25,000 in an the Child Labour
have to withdraw his child from
employment for adult, the parent/guardian shallparent/guardian
job. Even if no employment would be provided, the shall have to see h
job, as an alternative source of inc
his child is spared from the requirement to do the
would have become available to him. to do %.
To give shape to the aforesaid directions, we require the States concerned
following :
(1) A survey would be made of the aforesaid type of child labour which would
be
completed within six months from today.
(2) To start with, work could be taken up regarding those employments, which have
been mentioned in Article 24, which may be regarded as core sector, to determine
which hazardous aspect of the employment would be taken as criterion. The most
hazardous employment may rank first in priority, to be followed by
comparatively less hazardous and so on. It may be mentioned here that the
National Child Labour Policy as announced by the Governmnt of India as.
already identified some industries for priority action and the industries identified
are as below:
The match industry in Sivakasi, Tamil Nadu.
The diamond polishing industry in Surat, Gujarat.
The precious stone polishing industry in Jaipur, Rajasthan.
The glass industry in Firozabad, Uttar Pradesh.
The brass-ware industry in Moradabad, Uttar Pradesh.
The handmade carpet industry in Mirzapur-Bhadohi, Uttar Pradesh.
The lock making industry in Aligarh,Uttar Pradesh.
The slate industry in Markapur, Andhra Pradesh.
The Slate industry in Mandsaur, Madhya Pradesh.
(3) The Employment to be given as our direction could be dovetailed to other assured
employment. On this being done, it is apparent that our direction would not
require generation of much additional employment.
(4) The employment so given could as well be the industry
where the child is
employed, a public undertaking and would be manual in nature inasmuch as the
child in question must be engaged in doing manual work. The undertaking chosen
for employment shall be one which is nearest to the place of residence of the
family.
(5) In those cases where alternative employment
would not be made available a5
aforesaid, the parent/guardian of the child concerned
which would be earned on the corpus, which would be would be paid the income
a sumn of Rs. 25,000 r0
each child, every month. The employment given or payment
operative if the child wouldnot be sent by the parent/guardian made would cease to ve
(6) On discontinuation of the employment of for education.
the child, his education woula
assured in suitable institution with a view to make
him a better citizen. It may
 CHILD LABOUR
(PROHIDITION
AND REGULATION)
pointed out that Article ACT, 1986
ihey complete the Age 45 mandates compulsory 995
duiyof the Inspectors see of 14 yeara; educatlon for all
to it ls alsO requlred
that thia call
chlldren untl
A district
could of the to be free. It would
(7) be tlhe
keeps a watclhful eyeunit of collectlon so
Constitutlon is carrled out. be the
nagnitude of on the work that the cxccutlye
hcad
a separate the Inspectors. Purther, of the district
of
he
approprinte Government lnsk,
cell in view of the
be necessary and would be created. In ihe Labour Department
Overall monitorinmgthe Secrctary of tlhe Department Monitoring of of the
by he Ministry the scheme would also
could perhaps do
beneficial and worthwhilc, of Labour, Government this work.
The of India, would
(8) Secretary totlhe Ministry be
Court within one yenr from of Labour, Government
today about of India would apprise
thepetitioner would need any further or the conmpliance of aforesaid direction3. this
report,it would open other order in the light of the compliance If
O We should also like to
be to him to do so,
penal provision contained observe that on the dircctions
given being carried out,
employmentof child labour, in thc affronted 1986 Act would
prohibited by the Act, be used where
(10) Insofar as the non hazardous would be found.
that the working hours of jobs are concerncd, the Inspector
it receives education at the child are not more shall have to see
least for two hours cach day. than four to six hours a day and
the entire cost of education It would also be seen that
is borne by the employer.
The task is big, but not as to prove
implication would be such as either unwieldy or burdensome.
to prove a damper, The financial
build up better India. In
a
context,
because the money after all would be used
not stood in this it is worth pointing out that poverty as
the way of other developing countries from care of child labour. such has
been pointed out by
Myrom Weiner (at p. 4 of 1991 Edn.) taking It has
State in Indiathat a
India is significant exception to the global of his book The Child and the
bildren from the labour force and the trend toward the removal of
school education, as many establishmentof compulsory, universal
countries of Africa like Zambia, primary
Zimbabwe, with income levels lower Ghana, Ivory Coast, Libya,
shows that what has caused the
than India, have done better in these matters. This
problem of child labour to persist here is really not
of resources, but lack of real zeal. dearth
Let this not continue. Let us all put our head
together and assist the child for
its good and greater good of the country. and efforts
Disposing of the writ petition the apex court to a copy of the judgment to
Chief Secretaries of all the State Governments directed send
and Union Territories, so also to secretary,
Ministry of Labour, Government of India for their
information and doing the needful.
The welfare schenme visualised by the Supreme Court
really the need of the time. It is result-oriented in enshrined in the judgment is
spirit and practicable in its functioning
enriched with the fond hope that the closing years of the
twentieth century would see us
keeping the promise made to our children by our Constitution about a
half century ago. Let
the child of twenty-first cerntury be developed and trained in a
healthy environment to
acquire appropriate traits and powers to lead the nation on the right path in a secured
prosperous way.
and
Section 4. Power to amend 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 Šchedule shall be deemed to have been amended accordingly.
Section 5. Child Labour Technical Advisory Committee.--(1) The Central
Government may, by notification in the Official Gazette, constitute an advisory committee
to be called the Child Labour Technical Advisory
Committee (hereafter in this section
referred to as the Committee) to advise the Central Government for the purpose of
of occupations and processes to the Schedule.
addition
(2) The Committee shall consist of a Chairman and such
other memnbers not exceeding
e, as may be appointed by the Central Government.
 INDUSTRIAL LAWS
996 LABOUR AND
as it may consider
necessary and shall
(3) The Committee shall mect as often have
power to regulate its own procedure.
(4) The Committee may, if it deems it
necessary so to do, constitute one or more sub.
whether gnerally or for the
committees and may appoint to any such sub-committee, is not a member of
the Committee.
consideration of any particular matter, any person who
(5) The term of office of, the manner of filling casual
vacancies in the office of, and
members of the Committee, and the
allowances, if any, payable to, the Chairman and other any person whothe
conditions and restrictions subject to which the Committee may appoint
not a member of
the Committee as a member of any of its sub-committees shall be such as may
be prescribed.
PART III
REGULATION OF CONDITIONS OF WORK OF CHILDREN
Section 6. Application of part.--The provision of this Part shall apply to an
establishment or a class of establishments in which none of the occupations or processes
referred to in Section 3 is carried on.
Section 7. Hours and period of work.(1) No child shall be required or permitted
to work in any establishment in excess of such number of hours as may be prescribed for
such establishment or class of establishments.
(2) The period of work on each day shallbe 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.
(3) The period of work of a child shall be so arranged that inclusive of his interval for
rest, under sub-section (2), it shall not be spread over more than six hours, including the
time spent in waiting for work on any day.
(4)No child shall be permitted or required to work between 7 p.m. and 8 p.m.
(5) No child shallbe required or permitted to work overtime.
(6) No child shall be required or 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, a holiday of one whole day, which day shall specified by the
occupier in a notice permnanently exhibited in a conspicuous place in thebeestablishment
the day so specified shall not be altered by the occupier more than once in three months. and
Section 9. Notice to Inspector.-(1) Every occupier in relation to an
which a child was employed or permitted to work immediately before establishment in
commencement of this Act in relation to such establishment the date of
days from such commencement, send to shall, a
within period of thirty
the
establishment is situated, a written notice containing Inspector within whose local limits the
the following particulars, namely
(a) the name and situation of the establishment;
(b) the name of the person in actual management
(c) the address to which communications
of the establishnent;
relating to the establishment should be sent;
and
(d) the nature of the occupation or process
carried on in the establishment.
(2) Every occupier, in relation to an
any child after the date of commencementestablishment, who employs, or permits to work,
within a period of thirty days from the date of this Act in relation to such establishment, shal,
within whose local limits the establishment of such employment, sent to the Inspector
particulars as are mentioned in sub-section (1). is situated, written notice containing the
Explanation.-For the purposes of sub-sections (1)
this Act, in relation to an establishment" means the dateand of
(2), "date of commencement of
bringing
relation to such establishment. into force of this Act n
(3) Nothing
process is carried in Sections 7, 8
on by the occupierand 9 shall apply to any establishment wherein an)
by,or receiving assistance or recognitionwith the aid of his family or to any school
from, Government. establishea
 CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986 997

as any question arises between an Inspector and an

Section 10, Disputes to age,--If
to the age of any child who employed or is permitted to work by him in an
is
ocCupier as
establishment, the question shall, in the absence of certificate as to the age of such child
a

prescribed medical authority, be referred by the Inspector for decisions to

granted bythe medical authority.
prescribed
the Section 11, maintenance of register.-There shall be maintained by every occupier
of, children employed or permitted to workin any establishment, a register to be
respect
available for
in inspection by an Inspector at all times during working hours or when work
carried on in any such establishment, showing
is
being name and date of birth of every child so employed or permitted to work;
(a) the any such child and the intervals of rest to which he
(b) hours and periods of work of
is entitled;e
of work of any such child; and
(c) the nature
as may be prescribed.
i) such other particulars of Sections 3 and 14.--Every
Section 12. Display of notice containing abstract every occupier shall cause to be
administration, every port authority and or within
railway a
conspicuous and accessible place at every station on its railway
displayed in asthe case may be, a notice in the local language
imits of a port or at the place of work, 14.
the English language containing an abstract of Section 3 and
in Government may, by
d

Section 13. Health and safety.-(1) The appropriate children

antification in the Official Gazette, make rules
for the health and safety of the
any establishment or class of establishments.
omplovedor permitted to work in may
(2) Without prejudice to the generality of
the foregoing provisions,the said rules
matters, namely
provide for allor any of the following
its freedom from nuisance;
(a) cleanliness in the place of work and
effluents;
(b) disposal of wastes and
(c) ventilation and temperature;
(d) dust and fume;
(e) artificial humidification;
(p lighting
(g) drinking water;
(h) latrine and urinals;
(i) spittoons;
(j) fencing of machinery;
(k) work at or near machinery in
motion;
on dangerous machines;
() employment of children supervision in relation to employment of children on
(m) instructiors, training and
dangerous machines;
(n) device for cutting off powera
(o) self-acting machines;
(p) easing of new machinery;
access;
(q) floor, stairs and means of
etc.,
(7) pits, sumps, openings in floors,
(s) excessive weights;
() protection of eyes;
gas, etc;
) explosive or inflammable dust,
(v) precautions in case of fire;
(0) maintenance of buildings; and
(c) safety of buildings and machinery.
998 LABOUR AND INDUSTRIAL LAWS

PART IV
MISCELLANEOUS
Section 14. Penalties. (1) Whoever employs any child or permits any child to
work in contravention of the provisions of Section 3 shall be punishable with
may extend to
imprisonment for term which shall not be less than three months but which
a

one year or with fine which shall not be less than ten thousand rupees but which may
extend to twenty thousand rupees or with both.
a
(2) Whoever, having been convicted of an offence under Section 3, commits like
offence afterwards, he shal be punishable with imprisonment for a term which shall not be
less than six months but which may extend to two years.
(3) Whoever
(a) fails to give notice as required by Section 9, or
(6) fails to maintaina register as required by Section 11 ormakes any false entry 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
(a) fails to comply with or contravenes any other provisions of thisAct or the rules
made thereunder,
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,-(1)
Where any person is found guilty and convicted of contravention of any of the provisions
mentioned in sub-section (2), he shall be liable to penalties as provided in sub-sections (1)
and (2) of Section 14 of this Act and not under the Acts in which the provisions are
contained.
(2) The provisions referred to in sub-section (1)are the provisions mentioned
(a) Section 67 of the Factories Act, 1948 (63 of 1948);
below
(b) Section 40 of the Mines Act, 1952 (35 of 1952);
(c) Section 109 of the Merchant Shipping Act, 1958 (44 of 1958); and
(d) Section 21 of the Motor Transport Workers Act, 1961 (27 of 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 as to the age of a child which
has been granted by a
medical authority shall, for the purposes of this Act, be conclusive evidence as toprescribed
the age of
the child to whom it relates.
(3) No court inferior to that of a Metropolitan
Magistrate or a Magistrate of the first
class shall try any offence under this Act.
Section 17. Appointment of inspectors. The appropriate Government may
appoint Inspectors for the purposes of securing compliance with the provisions of
and any Inspector so appointed shall be deemed to be a public servant this Act
of the Indian Penal Code (45 of 1860). within the meaning
In exerciselº of the powers conferred by Section 17 of the
and Regulation) Act, 1986 (61 of 1986), the Central Government Child Labour (Prohibition
following officers as Inspectors in respect of every establishment hereby appoints the
Central Government or a railway administration or a under the control of the
namely major port or a mine or an oilfield
1. The Chief Labour Commissioner
(Central).
8. M.C. Mehta v. State of Tamil Nadu and others,
1997 SCC(L & S) 49.
9. M.C. Meheta v. state of Tamil Nadu
and orthers, 1997 SCC(L&S)p. 61.
10. Ministry of Labour, S.O. 593 (E), dated July 28, 1989,
II, Section 3 (ii), dated 28th published in Gazette of India, Extra., Part
July, 1989, p. 2.
 CHILD LABOUR (PROHIBITION
AND REGULATION)
ACT, 1986 999
2. All Deputy Chief Labour Commissioners
(Central).
3. All Regional Labour Commissioners
(Central).
4. All Assistant Labour Commissioners
(Central).
5. All Labour Enforcement Officers.
The Ministry of Labour,
Govt. of India
May 14, 1997 in exercise of powers again issued a Notification No. S.O. 380 (E)
dated conferred by this section whereby
Government appointed all the officers who the Central
have been appointed as
Government under the Act
for establishments falling within inspectors by the State
Governments, as Inspectors in respect of every the purview of the State
a
Government or Railway Administration or a
establishment under the control of Central
major port or a mine or an oilfield.1
Section 18. Power to make
rules.(1) The appropriate Government may, by
notification in the Official Gazette and subject
to
ake rules for carrying into effect the provisions of the
condition of previous publication,
this Act.
(2) In particular and
without prejudice to the generality of the foregoing power,
rules may provide for all or any of the following matters, namely:– such
(a) the term of office of, the manner
of filling casual vacancies of, and the
payable to the Chairman and members of the Child Labour Technicalallowances Advisory
Committee and the conditions and restrictions subject to which a non-
member may
be appointed to a sub-committee under sub-section (5) of Section 5;
(b) number of hours for which a child may
be required or permitted to work under
sub-section (1) of Section 7;
(c) grant of certificates of age in respect of young persons in employment or
seeking
employment, the medical authorities which may issue such certificate, the form of
such certificate, the charges which may be made thereunder and the manner in
which such certificate may be issued :
Provided that no charge shall be made for the issue of any such certificate if
the application is accompanied by evidence of age deemed satisfactory by the
authority concerned;
(d) the other particulars which a register maintained under Section 11 should
contain.
In exercise of powers conferred by the provisions of this section, the Central
Governmernt framed Child Labour (Prohibition and Regulation) Rules in 1988 whereby
as
mainly matter regarding Child Labour Advisory Committee have been dealt with such
terms of office o
its members, Secretary to the Committee, allowances to non-official
members, removal of the Chairman or member ofthe Committee, Cessation of membership,
resignation, filling of vacancies, time and place of meetings, quorum, decisions by majority
and power of the Committee to appoint sub-committees. It has also been provided that
every occupier of an establishment shall maintain a register in respect of children employed
or permitted to work, in Form A.
or State
Section 19, Rules and notifications to be laid before Parliament
legislature,-(1) Every rule made under this Act by the Central Governmnent and every
or
notification issued under Section 4, shall be laid, as soon as may be after it is made
a
1Ssued, before each House of Parliament, while it is in session for total period of thirty
ays which may be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the successive
or
Sessions, aforesaid, both Houses agree in making any modification in the rule
or
notification or both Houses agree that the rule or notification should not be made issued,
ne rule or notification shall thereafter have effect only in such modified form or be of no
CITect, as the case may be: so, however, that any such modification or annulment shall be
or
mthout prejudice to the validity of anything previously done under that rule
notification.
11.
Published in the Gazette of India, Extra, Part II dated May 14, 1997.
 INDUSTRIAL LAWS
1000 LABOUR AND

Act shall be laid as soon as

(2) Every rule made by a State Government under this may
be after it is made, before thellegislature of that State.
barred.-Subject to the provisions
Section 20. Certain other provisions of law not
thereunder shall be i
contained in Section 15. the nrovisions of this Act and the rules made
of the Factories Act, 1948 (63
aadition to, and not in derogation of, the provisions
1948), the Plantations Labour Act. 1951 (69 of 1951) and the
Mines Act, 1952 (35 of i95
any difficulty arises in giving
Section 21. Power to remove difficulties.--(1) If may,
ettect to the provisions of this Act. the Central Government by order published in
ac
h
Othcial Gazette, make such provisions not inconsistent with the provisions of this Act
appear to it to be necessary or expedient for removal of the difficulty:
Provided that no such order shall be made after the expiry of a period of three years
from the date on which this Act receives the assent of the President.
(2) Every order made under this section shall, as soon as may be after it is made. be
laid before the Houses of Parliament.
Section 22. Repeal and savings.-(1) The Employment of Children Act, 1938 (26 of
1938), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken or purported to
have been done or takern under tne Act so repealed shall, in so far as it is not inconsistent
with the provisions of this Act, be deemed to have been done or taken under the
corresponding provisions of this Act.
Section 23. Amendment of Act 11 of 1948--In Section 2 of the Minimum Wages Act.
1948,
(i) for clause (a), the following clauses shall be substituted, namely
"(a) "adolescent' means a person who has completed his fourteenth year of age
but has not completed his eighteenth year;
(aa) "adult means a person who has completed his eighteenth year of age."
(i) after clause (b), the following clause shal be inserted, namely
"(bb) "chld' means a person who has not completed his fourteenth year of age."
Section 24. Amendment of Act 69 of 1951.-In the Plantations Labour Act, 1951,
(a) in Section 2, in clauses (a) and (c), for the word "fifteenth", the word "fourteenth"
shall be substituted;
(b) Section 24 shall be omitted;
(c) in Section 26, in the opening portion, the words "who has completed
his twelfth
year" shall be onmitted.
Section 25. Amendment of Act 44 of 1958-In the Merchant Shipping Act, 1958, in
Section 109, for the word "fifteen", the word "fourteen" shall be substituted.
Section 26. Amendment of Act 27 of 1961-In the Motor Transport
1961, in Section 2, in clause (a) and (c), for the word "fifteenth"
Workers Act,
the work "fourteenth"
shall be substituted.

Comments
The Act has amended the provisions of the above enactments mentioned
23 of the Act just to have uniformity of age for the definition of child. under Section

SCHEDULE
The Schedule referred to in Section 3 of the Act has been
The items specified at numbers 19 to 54 have been inserted in amended
fronm time to time.
1998. The Schedule contains
two parts. Part A enumerates occupations while Part B refers to Processes.
as under The Schedule is

12 Jan Mohammad v. State of Gujarat, AIR 1966

SC 385; where the Supreme Court ruled that
failure to lay rules before Parliament or State Legislature
does not affect the validity of the
rules.
 uILD LABOUR (PROHIBITION AND REGULATION)
ACT, 1986 1001

PART A
OCCUPATIONS
roccupation connected with-
Any
Transport of passengers, goods or mails by railway;
Cinder picking, clearing of an ash pit or building
(2) premises; operation in the railway
Aork in catering establishment at a railway station, involving the movement a
(3) ondor or any other employee of
of the establishment from one platform to another or
ato or out of a moving train;
Work relating to the construction of Railway station or with any other
(4) where such work is done in close work
proximity to or between the railway lines;
:
A port authority within the limits of any port;
(5)
Work relating to selling of crackers and fireworks in shops with temporary
licences;
(m Abattoirs/Slaughter Houses;
of
Handling Toxic substances, inflammable or explosives.
(8)
PART B

PROCESSES
(1)
Bidi-making.
Carpet weaving including preparatory and incidental process thereof.
(2) Cement manufacture, including bagging of cement.
(A)
Cloth printing, dyeing and weaving including preparatory and incidental
processes 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) Manufactre 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.
2 (cb) and 'dangerous operations'
as
(15) "hazardous processes" as defined in Section 1948).
Factories Act, 1948 (63 of
notified in rules made under Section 87 of the 1948).
2 (k) (iv) of the Factories Act, 1948 (63 of
(16) Printing as defined in Section
(17) Cashew and Cashewnut descaling and processing
(18) Soldering processes in electronic
industries.
(19) Plastic units, fiberglass and moulding and processing.
(20) Automobile workshop and
garages, welding units.
(21) Sericulture (only in processing section).
(22) Lime Kilns and manufacture of lime.
(23) Mines, stone breaking and stone crushing.
(24) Cotton ginning and pressing, production of
hosiery goods, and handloom industry.
(25) Potteries and ceramic industry.
work.
(26) manufacture of cement pipes, cement products and other related
(27) Gem cutting and polishing.
1002 ANDINDUSTRIALLAWS
LABOUR

(28) Uiensils making and polishing, metlal buting

machine ae
(29) Processes agriculture where tractors,
threshing and harvesting
In
used,
(30) Glass manufacturing, including glas bangls.
(31) Manufacuring of bricks and/or rof tiles.
manufacture of bras5 goods in all forns.
(02) l'olishing, moulding, cutting, welding and
(33) Papermaking

(34) Manufacture of dyes and dye stuff.

(35) Manufacturing/handling of pesticides and insecticides.
cleaning.
(50) Manuacturing/processing of
corrosive and toxic substances, metal
processes in electronic industries.
Photo engraving, soldering
(37) Manufacturing process having high noise level.
(38) Manufacturing process involving thermal radiaion.
(39) Oil expeling and refinery.
(40) Fabrication workshops (ferous and non ferrous).
(41) Tyre making, repairing, graphite benefication.
(42) Handling of chromic and manganese ores.
(43) Foundries.
(44) Manufacture of burming coal and coal briquetes.
(45) Tobaco processing including manufacturing of tabacco, tabacco paste, handling
to tobacco in any form.
(46) Zari making (all processes).
(47) Leather goods (manufacture and proces),
(48) Any manufacturing processes having exposure to lead such as primary and
secondary smelting, welding and cutting of lead-painted metal constructions,
welding of galvanized or zince slicate, polyvinyl chloride, mixing (by hand) of
crystal mass, sanding or scrapping of lead paint, burning of lead in
glas
enameling workshops, lead mining, plumbing, cable making, wire patenting, lead
casting, type founding in printing shops, store type seting, assembling of cars, shot
making, lead glas blowing
(49) Jute textile manufachure.
(50) Detergent manufacturing,
(51) Aggarbatti manutachuring
(52) Saw mill.
(53) Lock-making.
(54) Manufacturing of sports goods involving exposure to synthetic materials,
chemicals, leather.
Dr. V. G. GOSWAMI.

LABOUR
INDUSTRIAL
LAWS

CLA)

Central Low Agency

 LABOUR
AND
INDUSTRIALLAWS

By
Prof. (Dr.) V. G. GOSWNAMI
M.A. (Phil.), LL.M., LL.D. (1.R.)
National Awardee (Govermment of India)
President and Managing Director
Giri Institute of Professional Studies, Research and Training, Lucknow.
Ex-Professor Head, Law Department, University of LUcknow.
Ex-Dean Faculty of Law, University of Lucknow.
Founder Director, MLPM and PG DLPM Programmes, University of Lucknow.
Assisted By
ANURAG GOSWAMI
B.Com., LL.B., MLPM, LL.M. (Luck.) Advocate
Visiting Faculty,Department of Law, University of Lucknow.

FOREWORD BY
Hon'ble Mr. Justice Mahavir Singh
Formerly Judge, Alahabad High Court
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Pa. puliani@bgl.vsnl.zo
CENTRAL LAW AGENCY
Roàgnail:
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ALLAHABAD-2
 Published by :
Central Law Agency
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