THE CHILD LABOUR (PROHIBITION & REGULATION) ACT, 1986.

The Child Labour (Prohibition & Regulation) Act, 1986 aims at prohibiting engagement of children aged below 14
in certain hazardous Occupations and Processes as well as regulating the conditions of services of such children
engaged in non-hazardous Occupations and Processes. The penal provisions for engaging child labour in
hazardous Occupations and Processes is quite rigorous. The State Rules under the Act were framed in 1995 and
the State Child Labour Advisory Board constituted by the State Government came up in 1996. At present, the
number of Occupations in Part A and Processes in Part B to the Schedule of the Act categorised as hazardous
stand respectively at 15 and 57 (Schedule annexed).

The Government of India announced the National Policy on Child Labour in August 1987. The Action Plan under
the policy comprises of the following:-
(1) A Legislative Action Plan;
(2) Focusing general development programmes to benefit children wherever possible;
(3) Project based action plan in areas of high concentration of Child Labour engaged in wage / quasi-wage
employment.

While the Legislative Action Plan seeks to emphasize strict and effective enforcement of the Child Labour
(Prohibition &Regulation) Act, 1986, The Factories Act, 1948; The Mines Act, 1952; The Plantations Labour Act,
1951 and other Acts contain special provisions relating to employment of children. National Development
programmes are also in existence with wide coverage in the areas of education, health, nutrition, integrated child
development, income and employment generation for the poor. Such programmes are utilized to create socio-
economic conditions by which the National Policy on Child Labour adopted in 1987 can be given proper shape.

The Project Based Action Plan proposes that Projects for the welfare of working children are to be taken up in
areas of high concentration of working children with a thrust on the following activities:-
(1) Identification of working children.
(2) Setting up of Special Schools of Child Labour having provisions for elementary education, vocational training,
supplementary nutrition etc. along with stipend to be disbursed through Bank Accounts or Post Offices to
compensate for the lost earnings of the Child.
(3) Stepping up enforcement of the Child Labour (Prohibition & Regulation) Act, 1986 and various other related
Acts.
(4) Raising Public Awareness to educate people regarding the undesirable aspects of Child Labour.
(5) Strengthening of formal educational structure.
(6) Coverage of families of Child Labour under various income-generating and poverty alleviation programmes.
(7) Monitoring and evaluation.

The Policy has introduced grant-in-aid scheme for (a) Survey (b) Awareness Generation and (c) establishment of
Special Schools of Child Labour under the National Child Labour Project (NCLP). The said scheme was
introduced by the Ministry of Labour & Employment, Government of India, way back in 1988 only in 9 districts
across the country. The scheme provided for setting up of 40 such schools in each of the districts, sanctioned by
the Ministry of Labour , GOI enrolling 50 children in each school, withdrawn from various hazardous Occupations
/ Processes or from those which adversely affect their health and psyche, thus enrolling a total of 2000 working
children under each Project Society. The National Child Labour Project later expanded in 100 districts (out of
which 8 were from West Bengal) across 13 Child Labour endemic States by the end of the 9th Plan. During the
10th Plan period, the Government of India extended the coverage of the project to another 150 districts of the
country with the target to achieve total elimination of the Child Labour in the hazardous sectors by the end of the
said plan period. During this period, the rest 11 districts of West Bengal were covered under the National Child
Labour Project. Thus a total of 250 districts from 20 Child Labour endemic states across the country are currently
covered under this Project. The annual budget for is Rs 1,02, 34,000/-for an old Project Society and Rs
1,03,34,000/- for a Project Society sanctioned in recent period, both consisting of 40 schools. The budgetary
provision for nutrition has been doubled by the Government of India since the 10th Plan period along with
provision of funds for certain new components like health check up of children enrolled in the special schools,
provision for employing master trainer for vocational training, training of educational instructors etc.

All districts of West Beangal are now covered under NCLP including
Darjeeling. However the details are summarized in the table underneath as on
(31.12.2008) :-
Number of Number of Number of
Sl. Name of
Special Schools Special Schools Children
No. District
sanctioned functioning enrolled
1. Uttar Dinajpur 40 40 2000
2. Dakhshin 40 40 2000
 Dinajpur
3. Murshidabad 140 140 7000
North 24-
4. 40 40 2000
Parganas
South 24-
5. 40 40 2000
Parganas
6. Bardhaman 46 46 2350
7. Kolkata 40 40 2000
Paschim
8. 46 42 2100
Medinipur
Purba
9. 35 25 1250
Medinipur
10. Malda 40 40 2000
11. Birbhum 55 55 2750
12. Hooghly 68 68 3400
13. Purulia 90 90 4500
14. Jalpaiguri 19 19 950
15. Bankura 62 55 2750
16. Cooch Behar 19 19 950
17. Nadia 100 100 5000
18. Howrah 40 16 800
TOTAL 960 915 45800
During 2008-09, 8 new Locked-out units have been brought under FAWLOI
scheme.

The NCLP for the Darjeeting district has already been approved by the Government of India and registration of
Project Society as required for the purpose was complete in March, 2007. Funds for setting up of Project office
and conducting survey was received in June, 2007. Survey in this district is complete and has already been sent
to the Ministry of Labour & Employment, Government of India from the end of the Labour Department,
Government of West Bengal. Sanction of Special Schools from the end of the Government of India is awaited.

The Special Schools under NCLP are run either by N.G.Os, or by Local Self Government Bodies or directly by
the District Authorities themselves. Awareness Generation on child labour through camps and theatre-based
campaigns were organised under the aegis of NCLP, Kolkata during 2002-03 and 2003-04 respectively in which
children of the Special Schools under NCLP and the community around them participated. Apart from this,
following the directives of the Government of India, special initiatives were taken by the State Government so that
sports and cultural activities in all the NCLP districts were organized during the winter months. The enthusiasm of
children in such events was extremely encouraging. A number of NGOs work in the field of Child Labour in the
districts as well as in Kolkata. Certain new attempts have already been made in this field, be it awareness
generation or developing & implementation of strategies and various other forms of partnership.

For welfare of working children by providing food, shelter, clothing, medical care along with educational and
vocational training, the State Government has proposed for converting one school under NCLP in each district to
a Residential School for which the State Government shall contribute Rs.500/-per month per child for their
maintenance. The first residential school was opened in the District of Hooghly on 12th August 2008. Uttar
Dinajpur, Nadia, Bardhaman North 24 Pgs. & Paschim Midnapur have opened residential schools
Subesequently. The rest of the NCLP districts
are shortly to open residential schools.

In pursuance of Notification S.0 1029 (E) dated 10th July 2006 which came into effect from 10th October, 2006
employment of children as domestic workers or servants and employment in dhabas (roadside eateries)
restaurant, hotels, motels tea shops, resorts and recreational centers have been declared hazardous. The
Service Rules for State Government Employees also prohibit engagement of children aged below 14 for domestic
help by Government servants. For sensitization of the civic society, leaflets containing the main objectives and
provisions of the Child labour (Prohibition & Regulation) Act, 1986 and the Rules framed thereunder have been
widely circulated. The issue of child labour was taken up for wide awareness generation amongst the civil society
through different seminars, programmes and workshops in all over the State.

As per direction of the National Commission for Protection of Child Rights (NCPCR) a seminar was held on 12th
June 2008 to observe The World Day against Child Labour at Sishir Mancha in which Hon’ble Minister-in-Charge,
Minister of State, and Principal Secretary Labour Department were present. Other participants in the seminar
were the Commissioner of Police, State Project Director, Sarba Siksha Mission, Kolkata, Director, Sociai Welfare,
Principal Secretary, School Education Department, Director, State Urban Development Agency and officers from
the Labour Directorate. Discussions held in the meeting proved to be very fruitful for all practical purposes. The
seminar ended with a pledge of strong commitment towards taking effective measures for tackling the socio-
economic menace of child labour. “The World Day against Child Labour” was also observed in the districts and
sub divisions.

On 19th November 2008, a consultation on “Abolition of Child Labour and attainment of Children Right to
Education” was held by the Government of West Bengal in association with the National Commission for
protection of Child Rights and the UNICEF at Rotary Sadan, Kolkata. All converging Departments participated in
the above stated programme.

Labour Department Government of West Bengal organized “State Consultation on elimination of Child labour —
Dissemination of INDUS project learning” at Kolkata on 22nd and 23rd December, 2008 at Hotel Lindsay , 8A &
8B Lindsay Street, Kolkata 700,087. The Consultation was supported by ILO and the Labour Department
organized the programme in cooperation with the NGO -Save the Children, West Bengal. The Consultation
Process was aimed at strengthening existing National Child labour Projects in West Bengal and developing a
state specific plan to reduce the incidence of child labour by converging efforts of Government departments ,
Employers organizations, trade unions, UNICEF and NGOs.

Labour Department has constituted State Level Core Committee with the object of effectively tackling the
problems of Child Labour in the State. In addition to this, the State Government has also constituted a State
Level Monitoring Committee for the purpose of overseeing and monitoring the implementation of the decisions
taken by the recommendations of the State Level Core Committee and also for considering the activities at the
district level regarding implementation of the National Child Labour Project (NCLP).

To oversee and monitor the welfare of children in the Residential Schools , the Labour Department also
constituted a monitoring committee in each district for residential school. In accordance with the Hon’ble
Supreme Court Judgement in the case between M. C. Mehta -vs- State of Tamil Nadu and Others dated
10.12.96, a Child Labour Rehabilitation-cum-Welfare Fund was set up for the Kolkata district in which Rs.
4,20,000/- was deposited against 21 children (during 2008-09) detected working in certain hazardous
Occupations / Processes, in accordance with the said judgment. The children concerned were paid interest
earnings out of the said fund till they attained the age of 14. The total corpus of the fund taken together with the
State Government contribution is Rs. 8,05,000/-. The districts of Paschim Medinipur, Hooghiy ,Bankura, Purulia
and Uttar Dinajpur have also opened such a Fund . Opening of welfare fund in other districts are in process

THE SCHEDULE
Part-A

Occupations
Any occupation concerned with:-
(1) Transport of passengers, goods or mails by railways;
(2) Cinder picking, clearing of an ash pit or building operation in the railway premises ;
(3) Work in a catering establishment at a railway station, involving the movement of a vendor or any other
employee of the establishment from one platform to another or in 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) Abattoir / Slaughter House ;
(8) Automobile workshops and garages ;
(9) Foundries;
(10) Handling of toxic or inflammable substances or explosives ;
(11) Handlooms and power-loom Industry;
(12) Mines (underground and under water) and collieries ;
(13) Plastic units and fibre glass workshops ;
(14) Employment of children as domestic workers or servants ;
(15) Employment of children in dhabas (road-side eateries), restaurants, hotels, motels, tea-sops, resorts, spas
or other recreational centres.

PART – B

Processes
(1) Beedi -making;
(2) Carpet-weaving;
(3) Cement Manufacture including bagging of cement;
(4) Cloth printing, dyeing and weaving;
(5) Manufacture of matches, explosives and firework;
(6) Mica-cutting and splitting;
(7) Shellac manufacture;
(8) Soap manufacture;
(9) Tanning;
(10) Wool-cleaning;
(11) Building and construction industry;
(12) Manufacture of slate pencils (including packing);
(13) Manufacture of products from agate;
(14) Manufacturing processes using toxic metals and substances such as lead, mercury, manganese, chromium,
cadmium, benzene, pesticides and asbestos;
(15) “Hazardous Processes” as defined in Sec, 2(cb) and ‘dangerous operation’ as notice in rules made under
section 87 of the Factories Act 1948 (63 of 1948);
(16) Printing as defined in Section 2(k)(iv) of the Factories Act, 1948 (63 of 1948);
(17) Cashew and cashew nut de-scaling 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 paintin;
(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 leap paint, burning of lead in enameling workshops, lead
mining, plumbing, cable making, wiring patenting, lead casting, type founding in printing shops, store type setting,
assembling or cars, shot making and lead glass blowing;
(31) Manufacture of cement pipes, cement products and other related work;
(32) Manufacturing of glass, glass wire 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 briquette;
(37) Manufacturing of sports goods involving exposure to synthetic materials, chemicals and leather;
(38) Moulding and processing of fiberglass and plastic;
(39) Oil expelling and refinery;
(40) Paper making;
(41) Potteries and ceramic industry;
(42) Polishing, moulding, cutting, welding and manufacturing of brass goods in all forms;
(43) Process 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-trading and graphite beneficiations;
(50) Utensils making, Polishing and metal buffing;
(51) Sari making (all process);
(52) Electroplating;
(53) Graphite powdering and incidental processing;
(54) Grinding and glazing of metals;
(55) Diamond cutting and polishing;
(56) Extraction of slate from mines;
(57) Rag picking and scavenging.