Repeal and savings

Section 22 of the Child Labour (Prohibition and Regulation) Act 1986 deals with repeal and savings. The Employment of Children Act, 1938 (26 of 1938), is hereby repealed.

(1) The Employment of Children Act, 1938 (26 of 1938), is hereby repealed.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Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this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. *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;' (ii) after clause (b), the following clause shall be inserted, namely :-- '(bb) "child" means a person who has not completed his fourteenth year of age'. *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 omitted. * Sections 23 to 26 have been repealed by section 2 and First Schedule of the Repealing and Amending Acl, 2001 (30 of 2001) (w.e.f. 3-9-2001). The repeal by this Act shall not effect any other enactment in which the repealed enactment has been applied, incorporated or referred to. [Sec. 25 *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. *26. Amendment of Act 27 of 1961 .- In the Motor Transport Workers Act, 1961, in section 2, in clauses (a) and (c), for the word "fifteenth", the word "fourteenth" shall be substituted. THE SCHEDULE (See section 3) PART A OCCUPATIONS An 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 licences;] 2[(7) Abattoirs/slaughter Houses;] 3[(8) Automobile workshop and garages;

(9) Foundries;

(10) Handling of toxic or inflammable substances or explosives;

(11) Handloom and powerloom industry; Employment of children in domestic workers (12) Mines (underground and underwater) and collieries;

(13) Plastic units and fibreglass workshops;] (15) Employment of children in dhabas (road side eateries), restaurants, hotels, motels, tea shops, resorts, spas or other recreational centres;] 5[(16) Diving;] 6[(17) Circus;] "[(18) Caring of Elephants.] PART B PROCESSES (1) Bidi-making; 7[(2) Carpet-weaving including preparatory and incidental process thereof;] (3) Cement manufacture, including bagging of cement; 7[(4) Cloth printing, dyeing and weaving including proceses, preparatory and incidental thereto;] * Sections 23 to 26 have been repealed by section 2 and First Schedule of the Repealing and Amending Act, 2001 (30 of 2001) (w.c.f. 3-9-2001). The repeal by this Act shall not effect any other enactment in which the repealed enactment has been applied, incorporated or referred to. 1. Ins. by S.O. 404(E), dated 5th June, 1989. 2. Ins. by S.O. 263(E), dated 29th March, 1994. 3. Added by S.O. 36(E), dated 27th January, 1999. 4. Ins. by S.O. 1742(E), dated 10th October, 2006 (w.e.f. 10-10-2006). 5. Ins. by S.O. 2280(E), dated 25th September, 2008 (w.e.f. 25-9-2008). 6. Ins. by S.O. 2469(E), dated 8th October, 2010. 7. Subs. by S.O. 36(E), dated 27th January, 1999. Sch.] (5) Manufacture of matches, explosives and fire-works;

(6) Mica-cutting and splitting;

(7) Shellac manufacture;

(8) Soap manufacture;

(9) Tanning;

(10) Wool-cleaning; 1[(11) Building and construction industry including processing and polishing of granite stones;] 2[(12) Manufacture of slate pencils (including packing);

(13) Manufacture of products from agate;

(14) Manufacturing processes using loxic metals and substances, such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos;] 3[(15) 'Hazardous process' as defined in section 2 (cb) and 'dangerous operation' as notified in rules 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 electronics industries;] 4[(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 titles 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 managanese ores;

(27) Jute textile manufacture and coir making;

(28) Lime kilns and manufacture of lime;

(29) Lock making; ndiaCode (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 scrapping of lead paint, burning of lead in enamelling workshops, lead mining, plumbing, cable making, wire patenting, lead casting, type founding in printing shops. Store type setting, assembling of cars, shot making and lead glass blowing;

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

(32) Manufacturing of glass, glassware including bangles, flourescent tubes, bulbs and other similar glass products;

(33) Manufacture of dyes and dye stuff;

(34) Manufacturing or handling of pesticides and insecticides; 1. Subs. by S.O. 397(E), dated 10th May, 2001. 2. Ins. by S.O. 404(E), dated 5th June, 1989. 3. Ins. by S.O. 263(E), dated 29th March, 1994. 4. Added by S.O. 36(E), dated 27th January 1999. [Sch.

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

(36) Manufacturing of burning coal and coal briquettes;

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

(38) Moulding and processing of fibreglass 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) 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-treading and graphite benefication;

(50) Utensils making, polishing and metal buffing;

(51) 'Zari' making (all processes);] 1[(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.] IndiaCode 2[(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 lo free silica such as slate, pencil industry, stone grinding, slate stone mining, stone quarries, agate industry.] 1. Ins. by S.O. 397 (E), dated 10th May, 2001. 2. Ins. by S.O. 2280(E), dated 25th September, 2008 (w.c.f. 25-9-2008).

Section 22, The Child Labour (Prohibition and Regulation) Act 1986 (Act 61 of 1986).