Lok Sabha Question No. 2484 (UNSTARRED), answered on 2015-12-14
Subject: Revision of Hazardous Occupations
Ministry: LABOUR AND EMPLOYMENT
Asked by: DHARAM VIRA GANDHI, TAMRADHWAJ SAHU

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

## UNSTARRED QUESTION NO. 2484 TO BE ANSWERED ON 14.12.2015

## REVISION OF HAZARDOUS OCCUPATIONS

2484. SHRI DHARAM VIRA: SHRI TAMRADHWAJ SAHU:

Will  the  Minister  of  LABOUR  AND  EMPLOYMENT  be  pleased  to state:

- (a)the names and details of the occupations banned under the labour law  with  a  view  to  prohibiting  employment  of  child  labour  along children  under  the  Child  Labour  (Prohibition  and  Regulation)  Act,
- with the details of various provisions for penalising the employer of 1986;
- (b)whether  the  Government  proposes  to  revise  the  list  of  hazardous occupations  which  currently  excludes  hazardous  occupations  like
- handloom, powerloom, fire cracker workshop, rag picking etc.
- (c)if so, the details thereof and if not, the reasons therefor; and
- (d)the measures being taken by the Government to ban and all such hazardous occupations including the various steps taken to ensure the complete eradication of child labour in the country?

## ANSWER

## MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI BANDARU DATTATREYA)

- (a): Child Labour (Prohibition & Regulation) Act, 1986 prohibits the employment  of children below 14 years of age in certain occupations  and  processes  given  in  Annexure-I.  The  provisions  for Penalties under the Act are at Annexure-II.
- (b) & (c): The  Child  Labour  (Prohibition  and  Regulation)  Act,  1986 provides a list of occupations and processes in the Schedule, where employment of children is prohibited. The Schedule already includes the  'Handloom  and  powerloom  industry',  'Manufacture  of  matches, explosives and fire-works' and 'Rag picking' as prohibited occupations/ processes.

(d): Considering  the  nature  of  the  problem  of  child  labour, Government  is  following  a  multi-pronged  strategy.  It  comprises  of statutory and legislative measures, rehabilitation of children withdrawn from work through specific scheme and universal elementary education along with convergence with other schemes for socio-economic development.

A Bill to amend the Child Labour (Prohibition & Regulation) Act, 1986 has been introduced in Rajya Sabha in 2012. The Government has decided to move Official Amendments  to the Amendment Bill. The Official Amendments along with the Amendment Bill, inter-alia, covers complete prohibition on employment of children below 14 years, linking the age of prohibition with the age under Right of  Children  to  Free  and  Compulsory Education Act, 2009 and making the punishment for employer for contravention of the provisions of the Act more stringent.

Government  is  implementing  the  National  Child  Labour Project (NCLP) Scheme under which children rescued/ withdrawn from work in the age group of 9-14 years are enrolled in the NCLP Special Training  Centres,  where  they  are  provided  with  bridge  education, vocational  training,  mid  day  meal,  stipend,  health  care  etc.  before mainstreaming into formal education system. Children in the age group of 5-8 years are directly linked to the formal education system through a close coordination with the Sarva Shiksha Abhiyaan (SSA).

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ANNEXURE REFERRED TO IN REPLY TO PART (a) OF LOK SABHA UNSTARRED QUESTION NO. 2484 FOR ANSWER ON 14.12.2015 BY SHRI DHARAM VIRA AND SHRI TAMRADHWAJ SAHU REGARDING REVISION OF HAZARDOUS OCCUPATIONS.

List  of  Occupations  &  Processes  prohibited  under  the  Child  Labour  (Prohibition  & Regulation) Act, 1986:

## Part A:

## Occupations

Any occupation connected with -

- (1) Transport of passengers, goods or mails by railway;
- (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 one platform to another or into or out of a moving train;
- (4) Work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines;
- (5) A port authority within the limits of any port;
- (6) Work relating to selling of crackers and fireworks in shops with temporary licenses;
- (7) Abattoirs/Slaughter Houses;
- (8) Automobile workshops and garages;
- (9) Foundries;
- (10) Handling of toxic or inflammable substances or explosives;
- (11) Handloom and powerloom industry;
- (12) Mines (underground and under water) and collieries;
- (13) Plastic units and fibreglass workshops;
- (14) Employment of children as domestic workers or servants;
- (15) Employment  of  Children  in  dhabas  (roadside  eateries),  restaurants,  hotels,  motels,  tea shops, resorts, spas or other recreational centres;
- (16) Diving;
- (17) Circus;
- (18) Caring of Elephants;
1. Bidi-making;
2. Carpet-weaving including preparatory and incidental process thereof;
3. Cement manufacture, including bagging of cement;
4. Cloth  printing,  dyeing  and  weaving  including  processes  preparatory  and  incidental thereto;
5. Manufacture of matches, explosives and fire-works;
6. Mica-cutting and splitting;
7. Shellac manufacture;
8. Soap manufacture;
9. Tanning;
10. Wool-cleaning;
11. Building and construction industry including processing and  polishing of granite stones;
12. Manufacture of slate pencils (including packing);
13. Manufacture of products from agate;
14. Manufacturing  processes  using  toxic  metals  and  substances  such  as  lead,  mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos;
15. 'Hazardous processes' as defined in Sec. 2 (cb) and 'dangerous operation'  as  notified in rules made under section 87 of the Factories  Act, 1948 (63 of 1948)
16. Printing as defined in Section 2(k) (iv) of the Factories Act, 1948 (63 of 1948)
17. Cashew and cashewnut descaling and processing;
18. Soldering processes in electronic industries;
19. 'Aggarbatti' manufacturing.
20. Automobile  repairs  and  maintenance  including  processes  incidental  thereto,  namely, welding, lathe work, dent beating and painting;
21. Brick kilns and roof tiles units;
22. Cotton ginning and processing and production of hosiery goods;
23. Detergent manufacturing;
24. Fabrication workshops (ferrous and non ferrous);
25. Gem cutting and polishing;
26. Handling of chromite and manganese ores;
27. Jute textile manufacture and coir making;
28. Lime Kilns and Manufacture of Lime;
29. Lock Making;
30. Manufacturing  processes  having  exposure  to  lead  such  as  primary  and  secondary smelting, welding and cutting of lead-painted metal constructions, welding of galvanized or  zinc  silicate,  polyvinyl  chloride,  mixing  (by  hand)  of  crystal  glass  mass,  sanding  or scraping of lead paint, burning of lead in enamelling workshops, lead mining, plumbing, cable making, wiring patenting, lead casting, type founding in printing shops.  Store type setting, assembling of cars, shot making and lead glass blowing;
31. Manufacture of cement pipes, cement products and other related work;
32. Manufacture  of  glass,  glassware  including  bangles,  fluorescent  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;

## Part B

## Processes

37. Manufacturing of sports goods involving exposure to synthetic materials, chemicals and leather;
38. Moulding and processing of fiberglass and plastic;
39. Oil expelling and refinery;
40. Paper making;
41. Potteries and ceramic industry;
42. Polishing, moulding, cutting, welding and manufacture 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;
58. Processes involving exposure to excessive heat (e.g. working near furnace) and cold;
59. Mechanised fishing;
60. Food Processing;
61. Beverage Industry;
62. Timber handling and loading;
63. Mechanical Lumbering;
64. Warehousing;
65. Processes involving exposure to free silica such as slate, pencil industry, stone grinding, slate stone mining, stone quarries, and agate industry.

## ANNEXURE REFERRED TO IN REPLY TO PART (a) OF LOK SABHA UNSTARRED QUESTION NO. 2484 FOR ANSWER ON 14.12.2015 BY SHRI DHARAM VIRA AND SHRI TAMRADHWAJ SAHU REGARDING REVISION OF HAZARDOUS OCCUPATIONS

## Penalties prescribed under Child Labour (Prohibition and Regulation) Act, 1986

(1)  Whoever  employs  any  child  or  permits  any  child  to  work  in  contravention  of  the provisions of section 3 shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with both.

(2)  Whoever,  having  been  convicted  of  an  offence  under  section  3,  commits  a  like offence afterwards, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years.

- (3) Whoever-
2. (a) fails to give notice as required by section 9; or
3. (b) fails to maintain a register as required by section 11 or makes any false entry in any such register; or
4. (c) fails to display a notice containing an abstract of section 3 and this section as required by section 12; or
5. (d)  fails  to  comply  with  or  contravenes  any  other  provisions  of  this  Act  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.

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