GENERIC ASSESSMENT

INDUSTRIAL LAW
EMPLOYMENT OF YOUNG PERSONS
UNDER THE FACTORIES ACT 1948

› Prohibition of employment of young children (Sec. 67) : No child who has not completed
his 14th year shall be required or allowed to work in a factory.
› Non-adult workers to carry tokens (Sec. 68) : A child who has completed his 14th year or
an adolescent may be allowed to work in a factory if –
• a certificate Of fitness for such work is in the custody of the manager of the
factory.
• such child or adolescent carries, while he is at work, a token giving a reference
to such certificate.
› A provision is made for a certificate of fitness under Sec. 69 : Such a certificate entitles a young
person who has completed his 14th year to work in a factory as a child. But if the young person has
completed his 15th year, the certificate of fitness entitles him to work in a factory as an adult.
› Certificate of fitness (Sec. 69) : It is a certificate granted to a young person by a certifying surgeon
after examining him and ascertaining his fitness for work in a factory. An application for such
examination may be made by the young person himself or by his guardian. It shall. however. be
accompanied by a document signed by the manager of the factory that such person will be
employed therein if certified to be fit for work in a factory.
• Sec 69(1) : The manager of the factory may also apply for such examination of the young person. The
certifying surgeon shall examine the place of work and the manufacturing process before granting a
certificate unless he has the personal knowledge of it
• Sec 69(2) - Certificate of fitness to entitle a young person to work as a child or adult : The certifying
surgeon, after examination, may grant to a young person or may renew a certificate of fitness to work in
a factory as –
 a child, if he is satisfied,
(i) that the young person has completed his 14th year.
(ii) that he has attained the prescribed physical standards, and
(iii) that he is fit for such work ;
 an adult, if he is satisfied
(i) that the young person has completed his 15th year, and
(ii) that he is fit for a full day's work in a factory
• Sec. 69 (3) - Certificate valid for 12 months : A certificate of fitness granted or renewed is
valid for 12 months from the date of issue, but it can be renewed. It may be issued subject
to conditions in regard to the nature of the work in which the young person may be
employed, or requiring reexamination of the young person before the expiry of the period
of 12 months.
• Sec.69(4) - Revocation of certificate of fitness : A certificate of fitness can be revoked any
time by the certifying surgeon if the holder of it is no longer fit to work in the capacity
stated therein in a factory.
• Sec.69(5) - Where a certifying surgeon refuses to grant or renew a certificate of fitness, or
revokes a certificate, he shall, if so requested, state his reasons in writing for so doing.
• Sec.69(6) - Where a certificate under this section with reference to any young person is
granted or renewed subject to such conditions as are referred to in clause (b) of sub-
section (3), the young person shall not be required or allowed to work in any factory
except in accordance with those conditions.
• Sec.69(7) - Fees payable by the employer : Fees for a certificate of fitness or its renewal
shall be payable by the occupier and shall not be recoverable from the young person, his
parents or guardian.
› Effect of certificate of fitness (Sec. 70) : An adolescent who has been granted a certificate Of fitness
to work in a factory as an adult and who carries a token giving reference to the certificate shall be
creemed to be an adult for the purposes of hours Of work of an adult and the annual leave.
• Sec.70 (1-A) : No female adolescent or a male adolescent who has not attained the age of 17 years but
who has been granted a certificate of fitness to work in a factory as an adult shall be required or allowed
to work in any factory except between 6 A.M. and 7 P.M.
The State Government may, by notification in the Official Gazette, in respect of any factory or group
or class or description of factories –
• vary the limits laid down in Sec. 70 (I-A), but no female adolescent can be employed between 10 P.M. and
5 A.M.
• Grant exemption from the provision of Sec.70(1-A) in case of serious emergency where national interest
is involved [Proviso to Sec.70(1-A).
An adolescent who has not been granted a certificate of fitness to work in a factory as an adult is
deemed to be a child for all the purposes of the Factories Act (Sec. 70 (2) [Jhunjhunwala v. B.K
Patnaik].
WORKING HOURS AND NOTICE OF PERIODS OF WORK FOR
CHILDREN (Secs. 71 and 72) :

› Working hours limited to 4-1/2 [Sec. 71 (1)]

• for more than 4-1/2 hours in any day ;
• during the night
NOTE : “Night” means a period of at least 12 consecutive hours which shall include the
interval between 10 P.M. and 6 A.M.
› Period of work Of children limited to 2 shifts [Sec.71(2)] : The period Of work Of all children
employed in a factory shall be limited to 2 shifts. These shifts shall not overlap or spread
over more than 5 hours each. Each child shall be employed in only one of the relays which
shall not, except with the previous permission in writing of the Chief Inspector, be changed
more frequently than once in a period of 30 days.
› Child workers entitled to weekly holidays [Sec.71(3)] : The provisions of weekly holidays
(Sec. 52) shall apply also to child workers and no exemption from these provisions may be
granted in respect of any child.
› Prohibition if the child worker has already been 'working in another factory [Sec.71(4)]: No child
shall be required or allowed to work in any factory on any day on which he has already been
working in another factory.
› Female child to work only between 8 A.M. to 7 P.M[Sec.71(5)] : No female child shall be required
or allowed to work in any factory except between 8 A.M. and 7 P.M.
› Display of notice of work of child-workers [Sec.72(1)] : There shall be displayed and correctly
maintained in every factory in which children are employed a notice of periods of work for
children showing clearly for every day the periods during which children may be required or
allowed to work.
› Fixation of periods of work beforehand [Sec. 72(2)] : The periods shown in the notice shall be
fixed beforehand in accordance with the method laid down for adult workers.
› Register of child workers (Sec. 73) : The manager of every factory in which children are employed
shall maintain a register of child workers showing
• the name of each child worker in the factory
• the nature of his work,
• the nature of his work,
• the number of his certificate of fitness
• where his group works on shifts, the relay to which he is allotted,
› Sec.73(1) : The register shall be available to the Inspector at all times during working hours
or when any work is being carried on in a factory.
› Sec.73(1-A) : NO child worker shall be required or allowed to work in any factory unless his
name and Other particulars-have been entered in the register of child workers.
› Sec. 73 (2) - The State Government may prescribe the form of the register of child workers.
the manner in which it shall be maintained and the period for which it shall be preserved.
› Sec. 74 : The hours of work of a child shall correspond with the notice of periods of work
for children displayed in the factory and the entries made beforehand against his name In
the register of child workers.
› Power to require medical examination (Sec. 75) : An Inspector may direct the manager of
a factory to have a person or young person medically examined by a certifying surgeon
when he Is of opinion –
• that the person working in the factory without a certificate of fitness is a young person, or
• that the young person working in the factory with a certificate of fitness is no longer fit to work
in the capacity stated in the certificate, and that such a person shall not be employed or
permitted to work in the factory until he has been examined and granted a certificate of fitness
or a fresh certificate of fitness.
 POWER TO MAKE RULES
The State Government may make rules –
• Prescribing the forms of certificates of fitness to be granted to the young
persons and the procedure for their issue;
• Prescribing the physical standards to be attained by children and adolescents
working in factories;
• Regulating the procedure of certifying surgeons and prescribing other duties
which the certifying surgeons may be required to perform in connection with
the employment of young persons in factories (Sec. 76).
The provisions relating to the employment of young persons are in addition to,
and not in derogation of, the provision of the Employment of Children Act,
1931 (Sec.77).
 SAFETY PROVISION FOR YOUNG PERSONS

• Work on or near machinery in motion [Sec.22(2)].

• Employment of young persons on dangerous machines [Sec.23(1)].
• Prohibition of employment near cotton-openers [Sec. 27].
• Dangerous operations [Sec. 87(b)] : No young person shall be
employed on any operation carried on in a factory which exposes the
young person to a serious risk of bodily injury, poisoning or disease.
 EMPLOYMENT OF WOMEN
UNDER THE FACTORIES ACT 1948
All the provisions of the Factories Act regarding employment and work of adult male
workers apply to adult female workers except the following provisions which apply to
adult female workers only :
• Work on or near machinery in motion [Sec. 22 (2)].
• Prohibition of employment near cotton-openers [Sec. 27].
• Creches [Sec. 48].
• Working hours (Secs. 51 and 54) : A woman shall not be required or allowed to work in a
factory for more than 48 hours in any week or 9 hours in any day.
• Restriction on employment of women (Sec. 66) : A woman shall be required or to work in a
factory only between the hours of 6 A.M. and 7 P.M. The State Government may, by
notification in the Official Gazette in respect of any factory or group or class or description
of factories, vary these limits. But no such variation shall authorise the employment Of any
Woman between the hours of 10 P.M. and 5 A.M. Again there shall be no change of shifts in
the case of women workers in a factory except after a weekly or any other holiday.
The State Government may make rules providing for the exemption from the restrictions
imposed by [Sec. 66 (1)] in case of women working in fish-curing or fish-canning factories,
where the employment of women beyond the specified hours is necessary to prevent
damage to, or. deterioration in, any raw material [Sec. 66 (2)]. The rules so made shall
remain in force for not more than 3 years at a time [Sec. 66 (3)].
› Effect of certificate of fitness granted to female adolescent [Sec. 70 (I-A)]
› Dangerous operations [Sec.87(b)] : Where the State Government is of opinion that any
operation carried on in a factory exposes any person employed in it to a serious risk of
bodily injury, poisoning or disease, it may make rules prohibiting or restricting the
employment of women in that operation.
 ROLL NUMBER NAME
• 19D2571 SURENDAR S P
• 19D2572 SUNIL KUMMAR S P
• 19D2573 FAREED M
• 19D2574 MOHIT R
• 19D2575 LOKESHWARAN M
• 19D2576 KARTHIGEYAN T
• 19D2577 SANJAI N
• 19D2578 SANJAY PAREEK
• 19D2579 KAVIYA SRI R
• 19D2581 MAHESHWARAN S
• 19D2582 SHYAM SUNDAR B