Annual Report 2008-2009 Uttar Pradesh 7.23 Prior to reviewing the situation of child labour in the State of Uttar Pradesh, an elaborate questionnaire was prepared by the concerned Special Rapporteur. This was then forwarded to the Principal Secretary, Labour and Labour Commissioner, Government of Uttar Pradesh well in advance by the Special Rapporteur so as to facilitate a proper and objective review of the prevailing situation in the State. The questionnaire focussed on issues like magnitude of the problem of child labour in the State; its causes and contributory factors; existing administrative infrastructure to look into the problem of child labour, its adequacy and effectiveness thereof; process adopted for determining the age of children; strategy for identification of child labour in the State; steps taken for withdrawal of child labour from work and their subsequent rehabilitation; and compliance of the directions issued by the Supreme Court in Civil Writ Petition No. 465 – M.C. Mehta vs. State of Tamil Nadu and Others. 7.24 It was revealed to the Special Rapporteur by the State officials that the total number of working children in the State was 2,09,588. According to them, as per survey conducted in 41 Districts of the State; 36,051 children in 5-8 age group and 1, 08,273 children in the age group of 9-13 were found to be working in hazardous occupations. In comparison, only 19,483 children in 5-8 age group and 45,731 children in 9-13 age group were found to be working in nonhazardous occupations. The occupations in which children were employed in large numbers in the State of Uttar Pradesh are : carpet weaving; zari and embroidery work on textiles; pottery making; glass and bangle making; lock making; knife making; brassware and tanning. A large number of children are also engaged in dhabas, restaurants and motels; beedi rolling; construction work; auto workshops; brick kilns and tile making; artificial jewellery making, dhoop/agarbatti and detergent making. Poverty coupled with illiteracy were the two main factors responsible for child labour in the State. Keeping in view the alarming number of children working in the State, the Government of Uttar Pradesh has formulated a comprehensive State Level Action Plan that aims for total eradication of child labour by 2012. 7.25 The Department of Labour in the State is responsible for the administration of Children (Pledging of Labour) Act, 1933; Factories Act, 1948; Minimum Wages Act, 1948; Motor Transport Workers Act, 1961; Beedi and Cigar Workers (Conditions of Employment) Act, 1966; Interstate Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979; Bonded Labour System (Abolition) Act, 1976; Child Labour (Prohibition and Regulation) Act, 1986 and Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996; all of which have a bearing on the minimum age of entry for work and elimination of child labour. 7.26 The Labour Commissioner with its headquarters in Kanpur is one of the major departments under the Department of Labour. The Directorate of Factories is also under the administrative control and supervision of the Labour Commissioner. The Labour Commissioner as the Head of the Department and a Controlling Officer is saddled with heavy responsibilities. 100

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