THE FACTORIES ACT, 1948: IMPORTANT TOPICS WITH SECTIONS
NOTES ON THE FACTORIES ACT, 1948
It shall come into
force on the 1st day of April 1949
Objective of The Factories Act, 1948
The main objectives of the Indian Factories Act,
1948are to regulate the working conditions in factories, to regulate health,
safety welfare, and annual leave and enact special provision in respect of
young persons, women and children who work in the factories.
1.Working
Hours:
According to the provision of working hours of
adults, no adult worker shall be required or allowed to work in a factory for
more than 48 hours in a week. There should be a weekly holiday.
2.Health:
For protecting the health of workers, the Act lays
down that every factory shall be kept clean and all necessary precautions shall
be taken in this regard. The factories should have proper drainage system,
adequate lighting, ventilation, temperature etc.
Adequate arrangements for drinking water should be
made. Sufficient latrine and urinals should be provided at convenient places.
These should be easily accessible to workers and must be kept cleaned.
3.
Safety:
In order to provide safety to the workers, the Act
provides that the machinery should be fenced, no young person shall work at any
dangerous machine, in confined spaces, there should be provision for manÂholes
of adequate size so that in case of emergency the workers can escape.
4.
Welfare:
For the welfare of the workers, the Act provides
that in every factory adequate and suitable facilities for washing should be
provided and maintained for the use of workers. Facilities for storing and
drying clothing, facilities for sitting, first-aid appliances, shelters, rest
rooms’ and lunch rooms, crenches, should be there.
The provisions of The Factories Act, 1948, or any
rules made under the Act, or any order given in writing under the Act is violated,
it is treated as an offence. The following penalties can be imposed:-
(a) Imprisonment for a term which may extend to one
year;
(b) Fine which may extend to one lakh rupees; or
(c) Both fine and imprisonment.
If a worker misuses an appliance related to welfare,
safety and health of workers, or in relation to discharge of his duties, he can
be imposed a penalty of Rs. 500/-.
Applicability
of Factories Act, 1948
The Act is applicable to any factory whereon ten or
more workers are working, or were working on any day of the preceding twelve
months, and in any part of which a manufacturing process is being carried on
with the aid of power, or is ordinarily so carried on, or whereon twenty or
more workers are working, or were working on any day of the preceding twelve
months, and in any part of which a manufacturing process is being carried on
without the aid of power, or is ordinarily so carried on; but this does not
include a mine, or a mobile unit belonging to the armed forces of the union, a
railway running shed or a hotel, restaurant or eating place.
IMPORTANT CONCEPTS AND DEFINITIONS
Preliminary
(a) Factory - means any
premises including the precincts thereof:-
i)
Wherein ten or more workers are working, or were working on any day of the
preceding twelve months and in any part of which a manufacturing process is
being carried on with the aid of power, or is ordinarily so carried on, or
ii) Wherein twenty or more workers are working
or were working on any day of the preceding twelve months, and in any part of
which a manufacturing process is being carried on without the aid of power, or
is ordinarily so carried on.
i)
Making, altering, repairing, ornamenting, finishing, packing, oiling, washing,
cleaning, breaking up, demolishing or otherwise treating or adapting any
article or substance with a view to its use, sale, transport, delivery or
disposal or
ii)
Pumping oil, water, sewage or any other substance or
iii)
Generating, transforming or transmitting power or
iv)
Composing types for printing, printing by letter press, lithography,
photogravure of other similar process or book binding,
v)
Constructing, reconstructing, repairing, refitting, finishing or breaking up
ships or vessels,
vi)
Preserving or storing any article in cold storage.
(e) Fatal Injury - means injury resulting from industrial accident
which caused death to the worker.
(f) Non-Fatal Injury - means injury resulting from industrial accident,
which prevented injured worker from attending to work for a period of 48 hours
or more immediately following the injuries.
(g) Adult- means a
person who has completed his eighteenth year of age.
(i)
Child means a person who has not completed his fifteenth year of age.
(k) Mondays Worked - Mondays
Worked means total Number of attendance during a calendar year.
(l) Average Number of Hours Worked
per week - The Average number
of hours worked per week means the total actual hours worked by all workers
during the year excluding the rest intervals but including overtime worked,
divided by the product of average number of workers employed daily in the
factory and 52 weeks. In case the factory has not worked for the whole year,
the number of weeks during which the factory worked should be used in place of
52.
CHAPTER II
INSPECTING STAFF
Section
7A. General duties of the occupier.-
(1) Every occupier shall ensure, so far as is
reasonably practicable, the health, safety and w,elfare of all workers while
they are at work in the factory.
(2) Without prejudice to the generality of the
provisions of sub-section (1), the matters to which such duty extends, shall
include-
(a) the provision and maintenance of plant and
systems of work in the factory that are safe and without risks to health;
(b) the arrangement in the factory for ensuring
safety and absence of risks to health in connection with the use, handling,
storage and transport of articles and substances;
(c) the provision of such information, instruction,
training and supervisions as are necessary to ensure the health and safety of
all workers at work;
(d) the maintenance of all places of work in the
factory in a condition that is safe and without risks to health and the
provision and maintenance of such means of access to, and egress from, such
place as are safe and without such risks;
(e) the provision, maintenance or monitoring of such
working environment in the factory for the workers that is safe, without risks
to health and adequate as regards facilities and arrangements for their welfare
at work.
(3) Except in such cases as may be prescribed, every
occupier shall prepare, and, as often as may be appropriate, revise, a written
statement of his general policy with respect to the health and safety of the
workers at work and the organisation and arrangements for the time being in
force for carrying out thatpolicy, and to bring the statement and any revision
thereof to the notice of all the workers in such manner as may be prescribed.
Section
7B. General duties of manufacturers, etc., as regards articles and
sub-stancesfor use in factories.-
(1) Every person who designs, manufactures, imports
or supplies any article for use in any factory shall-
(a) ensure, so far as is reasonably practicable,
that the article is so designed and constructed as to be safe and withovt risks
to the health of the workers when properly used;
(b) carry out or arrange for tlle carrying out of
such tests and examination as may be considered necessary for the effective
implementation of the provisions of clause (a);
(c) take such steps as may be necessary to ensure
that adequate information will be available-
(i) in connection with the use of the article in any
factory;
(ii) about the use for which it is designed and
tested; and
(iii) about any conditions necessary to ensure that
the article, when put to such use, will be safe, and without risks to the
health of the workers:
Provided that where an article is designed or
manufactured outside India, it shall be obligatory on the part of the importer
to see-
(a) that the article conforms to the same standards
if such article is manufactuted in India, or
(b) if the standards adopted in the country outside
for the manufacture of such article is above the standards adopted in India,
that the article conforms to such standards
(2) Every person, who undertakes to design or
manufacture any article for use in any factory, may carry out or arrange for
the carrying out of necessary research with a view to the discovery and, so far
as is reasonably practicable, the elimination or minimisation of any risks to
the health or safety of the workers to which the design or article may give
rise.
(3) Nothing contained in sub-sections (1) and (2)
shall be construed to require a person to repeat the testing examination or
research which has been carried out otherwise than by him or at his instance on
so far as it is reasonable for him to rely on the results thereof for the
purposes of the said sub-sections.
(4) And duty imposed on any person by sub-sections
(1) and (2) shall extend only to things done in the course of business carried
on by him and to matters within his control.
(5) Where a person designs, manufactures, imports or
supplies an aricle on the basis of a written undertaking by the user of such
article to take the steps specified in such undertaking to ensure, so far as is
reasonably practicable, that the article will be. safe and without risks to the
health of the workers when properly used, the undertaking shall have the effect
of relieving the person designing, manufacturing, importing or supplying the
article from the duty imposed by clause (a) of sub-section (1) to such extent
as is reasonably having regard to the terms of the undertaking.
(6) For the purposes of this section, an article is
not to be regarded as properly used if it is used without regard to any
information or advice relating to its use which as been made available by the
person who has designed, manufactured, imported or supplied the article.
Section
8. Inspectors.-
(1) The State Government may, by notification in the
Official Gazette, appoint such persons as possessing the prescribed
qualification to be Inspectors for the purposes of this Act and may assign to
them such local limits as it may think fit.
(2) The State Government may, by notification in the
Offlcial Gazette, appoint any person to be a Chief Inspector who shall, in
addition to powers conferred on Chief Inspector under this Act, exercise the
powers of an Inspector throughout the State.
(2A) The State Government may, by notification in
the Official Gazette, appoint as many Additional Chief Inspectors, Joint Chief
Inspectors and Deputy Chief Inspectors and as many other offlcers as it thinks
fit to assist the Chief Inspector and to exercise such of the powers of the
Chief Inspector as may be specified in such notification.
(2B) Every additional Chief Inspector, Joint Chief
Inspector, Deputy Chief Inspector and every other officer appointment under
sub-section (2A) shall, in addition to the powers of a Chief Inspector
specified in the notification by which he is appointed, exercise the power of
an Inspector throughout the State.
(3) No person shall be appointed under sub-section
(1), sub-section (2), sub-section (2A) or sub-section (5), or having been so
appointed, shall continue to hold office, who is or becomes directly or
indirectly interested in a factory or in any process or business carried on
therein or in any patent or machinery connected therewith.
(4) Every District Magistrate shall be an Inspector
for his district.
(5) The State Government may also, by notification
as aforesaid, appoint such public officers as it thinks fit to be additional
Inspectors for all or any of the purposes of this Act, within such local limits
as it may assign to them respectively.
(6) In any area where there are more Inspectors than
one the State Government may, by notification as aforesaid, declare the powers
which such Inspectors shall respectively exercise and the Inspector to whom the
prescribed notices are to be sent.
(7) Every Chief Inspector, Additional Chief
Inspector, Joint Chief Inspector, Deputy Chief Inspector, Inspector and every
other officer appointed under this section, shall be deemed to be a public
servant within the meaning of the Indian Penal Code (XLV of 1860), and shall be
offlcially subordinate to such authority as the State Government may specify in
this behalf.
Section
9. Powers of Inspectors.-
Subject to any rules made in this behalf, an
Inspector may, within the local limits for which he is appointed,-
(a) enter with such assistants, being persons in the
service of the Government, or any local or other public authority or with an
expert, as he thinks fit, any place which is used, or which he has reason to
believe, is used as a factory;
(b) make examination of the premises, plant,
machinery, article or substance;
(c) inquire into any accident or dangerous
occurrence, whether resulting in bodily injury, disability or not, and take on
the spot or otherwise statements of any person which he may consider necessary
for such inquiry;
(d) require the production of any prescribed
register or any other document relating to the factory;
(e) seize, or take copies of, any register, record
or other document or any portion thereof, as he may consider necessary in
respect of any offence under this Act, which he has reason to believe, has been
committed;
(f) direct the occupier that any premises or any
part thereof, or anything lying therein, shall be left undisturbed (whether
generally or in partticular respects) for so long as is necessary for the
purpose of any examination under clause (b);
(g) take measurements and photographs and make such
recordings as he considers necessary for the purpose of any examination under
clause (b), taking with him any necessary instrument or equipment;
(h) in case of any article of substance found in any
premises, being an article or substance which appears to him as having caused or
is likely to cause danger to the health or safety of the workers, direct it to
be dismantled or subject it to any process or test (but not so as to damage or
destroy it unless the same is, in the circumstances necessary, for carrying out
the purposes of this Act), and take possession of any such article or substance
or a part thereof, and detain it for so long as is necessary for such
examination;
(i) exercise such other powers as may be prescribed.
Section
10. Certifying Surgeons:-
(1) The State Government may appoint qualified
medical practitioners to be certifying surgeons for the purposes of this Act
within such local limits or for such factory or class or description of
factories as it may assign to them respectively.
(2) A certifying surgeon may, with the approval of
the State Government, authorise any qualified medical practitioner to exercise
any of his powers under this Act for such period as the certifying surgeon may
specify and subject to such conditions as the State Government may think fit to
impose, and references in this Act to a certifying surgeon shall be deemed to
include references to any qualified medical practitioner when so authorised.
(3) No person shall be appointed to be, or
authorised to exercise the powers of, a certifying surgeon, or having been so
appointed or authorised, continue to exercise such powers, who is or becomes
the occupier of a factory or is or becomes directly or indirectly interested
therein or in any process or business carried on therein or in any patent or
machinery connected therewith or is otherwise in the employ of the factory:
Provided that the State Government may, by order in
writing and subject to such conditions as may be specified in the order exempt
any person or class of persons from the provisions of this sub-section in
respect of any factory or class or description of factories.
(4) The certifying surgeon shall carry out such
duties as may be prescribed in connection with-
(a) the examination and certification of young
persons under this Act;
(b) the examination of persons engaged in factories
in such dangerous Occupations or processes as may be prescribed;
(c) the exercising of such medical supervisions as
may be prescribed for any factory or class or description of factories where-
(i) cases of illness have occurred, which it is
reasonable to believe are due to the nature of the manufacturing process carried
on, or other conditions of work prevailing, therein;
(ii) by reason of any change in the manufacturing
process carried on or in the substances used therein or by reason of the
adoption of any new manufacturing process, or of any new substance for use in a
manufacturing process, there is a likelihood of injury to the health of workers
employed in that manufacturing process;
(iii) young persons are, or are about to be,
employed in any work which is likely to cause injury to their health.
Chapter III
Health
Section
11: Cleanliness:- Section 11 requires the employer or occupier of the
factory to maintain cleanliness by keeping the factory free from effluvia
arising from any drain or other nuisance. Effluvia has not been defined in the
Act but it means the disagreeable vapors arising from decaying matter and for
this purpose the dirt and refuse arising out of the manufacturing process shall
not be allowed to be accumulated and therefore effective methods for sweeping
the floors and benches of the workrooms, stair case, passages should be adopted
to dispose of such effluvia. The above mentioned premises should be cleared at
least once in a week and disinfected whenever necessary. Section 11 makes
elaborate provisions for maintaining whole premises including, walls,
partition, ceilings, doors and windows to be cleaned and painted or varnished
at least once in 5 years. To ensure proper implementation of these provisions,
it is also required that the employer shall maintain a register to enter the
dates on which such processes have been carried out [Clauses (a) to (e)].
However an alternative provision is also made under sub-section (2) that if, by
the very nature of operations carried out in a factory, it is not practicably
possible for the employer to comply with the requirements of sub-section (1)
above, the State Government may, by order, exempt such factory or part of the
factory, from all or any of the provision of sub-section (1) and specify
alternative methods for keeping the factory in a clean state. (Sec. 11)
Section
12: Disposal of Waste and Effluents:-
Section 12 requires for treatment
for disposal of wastes and effluents due to manufacturing process so as to
render it innocuous by making approved method prescribed by the concerned
authority. The word ‘innocuous’ is again not defined in the Act but
etymologically it means ‘harmless’.
Section
13: Ventilation and Temperature
is to be maintained in any work
room through adequate ventilation and circulation of air. The temperature in
the work room should be secured to provide comfort to workers and prevent
injury to their health. The Chief Inspector of Factories may prescribe proper
measuring instruments and suitable measures for maintaining suitable
temperature and ventilation in the work room.
Section
14: Dust and Fumes are required to be prevented by suitable measures to
give off any dust or fumes likely to be injurious to the workers. Measures
should be taken to prevent inhalation and accumulation of such injurious dust
and fumes by providing exhaust appliances. It is further required that no
stationary internal combustive engine shall be operated unless the exhaust is
conducted into open air.
Section
15: Artificial Humidification
is required to be regulated by
prescribed standards of humidification and adequate ventilation and cooling the
air in the work room.
Section
16: Over-crowding in the work room should be avoided and sufficient
elbow-room should be provided for the workers to work comfortably without
congestion. It is required that at least 9.9 cubic metres space should be
provided for each worker, if the factory is in existence at the time of
commencement of this Act, and a space of at least 4.2 cubic metre per worker
should be provided in every factory started after the commencement of the Act.
Section
17: Lighting should be provided in a suitable manner, by natural
or artificial methods or by both. All glazed windows and sky lights should be
kept clean and there should not be any glare or reflection from any smooth or
polished surface. The lighting should not form shadows so as to cause strain to
eyes or cause accident.
Section
18: Drinking Water should be made available at all convenient places
and all such points shall be legibly marked “drinking water” and no such
drinking water should be situated within six metres of any washing place,
urinal, latrine, spittoon etc. The water should be wholesome, free from any
contamination and during hot weather cool drinking water should be provided to
workers.
Section
19: Latrines and Urinals
should be provided at convenient
places and then should be separate latrines and urinals for male and female
workers. All latrines and urinals should be kept clean and maintain by
prescribed sanitary types and rules.
Section
20: spittoons should be provided at suitable places and sufficient
manner. There should be maintained properly and no person shall spit within the
premises of the factory except in the spittoons. The provision shall be made
for penalty in case of violation of this rule.
Chapter IV
Safety
Safety of the worker from any injury or occupational
disease is the prime purpose to create conducive and safe environment of work.
Therefore provisions are made under Sections 21 to 41 of the Factories Act as
under-
Section
21: Fencing of Machinery:-
it is laid down that in every
factory proper fencing should be provided to every moving part of a prime mover
and every flywheel connected to prime mover or engine. Every electric motor,
rotary converter, part of transmission and every dangerous part of other machinery
should be securely fenced by safeguards to prevent any accident, particularly
when such machinery is in motion or use. It may be noted that most of the
accidents takes place due to non-compliance of this provision in many cases
under the Employee's Compensation Act are arising due to the violation of these
security measures.
Section
22: Work on or near machinery in motion:-
Whenever it is necessary to examine
any part of machinery, while the machinery is in motion, for the purpose of
repair, lubrication or adjusting operation, such examination or operation shall
be carried out only by specially trained adult male worker wearing tight
fitting clothing and whose name shall be recorded in the prescribed register.
Further during such examination or operation such
worker shall not handle a belt at a moving pulley without following the
instructions given under clauses (i) to (vii) of this section.
Further no woman or young person shall be allowed to
clean or lubricate any prime mover or transmission machinery.
Section
23: Employment of Young Persons on Dangerous Machines:- This section prohibits the employer from requiring
any young person to work at any machine unless he has been fully instructed as
to the dangers arising in connection with the machine. Precautions should be
observed to ensure that such person has received sufficient training at the
machine and that he is working under adequate supervision by a person who has
thorough knowledge and experience of the machine.
Section
24: Striking gear and devices for cutting power:- To avoid or
atleast to mitigate injury to the persons working at the dangerous machines or
prime mover, it is required that the whole process should be provided with
suitable striking gear and other mechanical devices to disconnect the power
immediately whenever necessary to avoid accident or injury. Similarly when a
device, which can be inadvertently shift from ‘off to ‘on’ position is provided
in a factory to cut-off power, arrangements shall be made for locking the
device in safe position.
Section
25: Self-acting machines:-
Wherever self-acting machines are
put in operation at least a distance of space of 45 centimetres should be
provided from any fixed structure and no person should be able to pass through
near to the machine within the prescribed distance of space.
Section
26: Casing of New Machinery:-
In all machinery driven by power
and installed in a factory, every set screw, bolt or key or any revolving
shaft, spindle wheel or pinion shall be encased and effectively guarded to
prevent danger.
Sections
27 to 41:- The other Sections from Section 27 to 41 of this
Chapter on safety provide for prohibition of employment of women and children
near cotton-opener (Section 27) and safety measure for hoists and lifts,
lifting machines, revolving machinery, pressure plant, excessive weights,
protection of eyes, protection against dangerous fumes, protection from
explosive or inflammable dust or gas, precaution in case of fire etc. and
ensure safety of the workers.
Chapter V
Welfare
The Factories Act, 1948 contains the following
provisions relating to Labour Welfare:
(1)
Washing Facilities (Sec.42):
In every factory (a) adequate and
suitable facilities shall be provided and maintained for the use of workers;
(b) separate and adequately screened facilities shall be provided for the use
of male and female workers; (c) such facilities shall be easily accessible and
shall be kept clean.
(2)
Facilities for storing and drying clothing:(Sec 43) In every factory
provision for suitable place should exist for keeping clothing not worn during
working hours and for the drying of wet clothing.
(3)
Facilities for sitting: (Sec 44)
In every factory, suitable
arrangements for sitting shall be provided and maintained for all workers who
are obliged to work in a standing position so that the workers may take
advantage of any opportunity for rest which may occur in the course of work. If
in any factory workers can efficiently do their work in a sitting position, the
Chief inspector may require the occupier of the factory to provide such seating
arrangements as may be practicable.
(4)
First aid appliances:(Sec 45)
Under the Act, the provisions for
first-aid appliances are obligatory. At least one first-aid box or cupboard
with the prescribed contents should be maintained for every 150 workers. It
should be readily accessible during all working hours.
Each first-aid box or cupboard shall be kept in the
charge of a separate responsible person who holds a certificate in the
first-aid treatment recognised by the State Government and who shall always be
readily available during the working hours of the factory.
In every factory wherein more than 500 workers are
ordinarily employed there shall be provided and maintained an ambulance room of
the prescribed size containing the prescribed equipment. The ambulance room
shall be in the charge of properly qualified medical and nursing staff. These
facilities shall always be made readily available during the working hours of
the factory.
(5)
Canteens:(Sec 46) In every factory employing more than 250 workers,
the State government may make rules requiring that a canteen or canteens shall
be provided for the use of workers. Such rules may provide for (a) the date by
which the canteen shall be provided, (b) the standards in respect of
constitution, accommodation, furniture and other equipment of the canteen; (c)
the foodstuffs to be served therein and charges which may be paid thereof; (d)
the constitution of a managing committee for the canteens and representation of
the workers in the management of the canteen; (e) the items of expenditure in
the running of the canteen which are not to be taken into account in fixing the
cost of foodstuffs and which shall be borne by the employer; (f) the delegation
to the Chief inspector, of the power to make rules under clause (c).
(6)
Shelters, rest rooms and lunch rooms:(Sec 47) In every factory
wherein more than 150 workers are ordinarily employed, there shall be a
provision for shelters, rest room and a suitable lunch room where workers can
eat meals brought by them with provision for drinking water.
Where a lunch room exists, no worker shall eat any
food in the work room. Such shelters or rest rooms or lunch rooms shall be
sufficiently lighted and ventilated and shall be maintained in a cool and clean
condition.
(7)
Creches: (Sec 48) In every factory wherein more than 30 women workers
are ordinarily employed there shall be provided and maintained a suitable room
or rooms for the use of children under the age of six years of such women.
Such rooms shall provide adequate accommodation,
shall be adequately lighted and ventilated, shall be maintained in clean and
proper sanitary conditions and shall be under the charge of women trained in
the care of children and infants.
The State government may make rules for the
provision of additional facilities for the care of children belonging to women
workers including suitable provision of facilities:—
a) For washing and changing their clothing
(b) of free milk or refreshment or both for the
children, and
(c) for the mothers of children to feed them at the
necessary intervals.
(8)
Welfare officers: (Sec 49)
In every factory wherein 500 or
more workers are ordinarily employed, the occupier shall employ in the factory
such number of welfare officers as may be prescribed under Sec. 49(1). The
State government may prescribe the duties, qualifications and conditions of
service of such officers.
Chapter
VII
Employment
Of Young Persons
1. Prohibition of Employment of Young Children
[Section 67]:
A
child who has not completed his fourteenth year is prohibited from working in
any factory. Under any circumstances, whatsoever, no exemption even in case of
emergency can be allowed to overcome the provisions of this section.
This
is an absolute prohibition and admits of no exception. It is the duty of the
employer to ascertain the age of the children whom he allows to work in his
factory. He cannot depend on the statement of the applicant.
A
child is a person who has not completed his fifteenth year of age. As this
section applies only to children below 14 years, it has obviously no
application to children between the age of 14 and 15.
2. Non-Adult Workers to Carry Tokens
[Section 68]: A child who has completed his fourteenth
year or an adolescent shall not be required or allowed to work in any factory
unless he is given a certificate of fitness by a competent certifying surgeon.
Such a certificate shall be in the custody of the manager of the factory. The
young person shall carry while he is at work a token giving a reference to such
a certificate.
The
object of section 68 is to prevent the exploitation of the young labour force.
3.
Certificate of Fitness [Section 69]:
The
certificate of fitness is granted by a certifying surgeon on the application of
young person or a guardian. The application must be accompanied by a document
signed by the manager of a factory that the young person will be employed
therein if certified to be fit for work in a factory.
The
application for the grant of the certificate of fitness can also be made by the
manager of the factory in which the young person wishes to work. The certifying
surgeon shall examine the young person and ascertain his fitness for work in a
factory.
If
the certifying surgeon is satisfied, he may grant or renew to such young person
in the prescribed form:
(a)
A certificate of fitness to work in factory as a child, provided he has
completed his fourteenth year, has attained the prescribed physical standards
and is fit for such work;
(b)
A certificate of fitness to work in a factory as an adult, provided he has
completed his fifteenth year and is fit for a full day’s work in a factory.
The
certifying surgeon must have personal knowledge of the proposed place of work
and of the manufacturing process involved.
The
certificate of fitness is valid only for a period of 12 months. It may be
granted subject to such conditions as regard the nature of the work involved
and periodical re-examination. The certificate may be revoked by a certifying
surgeon if the holder of the certificate is no longer fit to work. Where
certifying surgeon refuses to grant or renew a certificate or revokes a
certificate, he shall state his reasons in writing for so doing.
Any
fee payable for a certificate under this section shall be paid by the occupier
and shall not be recovered from the young person, his parent or guardian.
4. Effect of Certificate of Fitness Granted to
Adolescent [Section 70]: An adolescent who has
been granted a certificate of fitness to work as an adult, would be deemed to
be an adult and all provisions of the Factories Act relating to adult workers
would apply to him.
No
female adolescent or a male adolescent who has not attained the age of
seventeen 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.
Provided
that the State Government may by notification in the Official Gazette, in
respect of any factory or group or class or description of factories:
(i)
Vary the limits laid down in this sub-section so that, no such section shall
authorise the employment of any female adolescent between 10 P.M. and 5 A.M.
(ii)
Grant exemption from the provisions of the sub-section in case of serious
emergency where national interest is involved.
An
adolescent who has not been granted a certificate of fitness to work in the
factory as an adult shall be deemed to be a child for the purposes of the Act.
5. Working Hours for Children
[Section 71]: No Child can be employed or permitted to
work in any factory:
(1)
For more than four and a half hours in any day;
(2)
During the night i.e., a period of at least twelve consecutive hours including
the interval between 10 p.m. and 6 a.m.
(3)
On any day on which he has already been working in any other factory.
The
period of work of all children employed in a factory shall be limited to two
shifts. Such shifts shall not overlap or spread over more than five hours. Each
child must be employed in only one of the relays which must not be changed more
frequently than once in thirty days, except with the previous permission in
writing of the Chief Inspector.
Provision
relating to weekly holidays for adults under section 52 will also apply to
child workers. No child can be required or allowed to work in any factory on
any day on which he has already been working in another factory.
No
female child shall be required or allowed to work in any factory except between
8 A.M. and 7 P.M.
6.
Notice of Periods of Work for Children [Section 72]: Every
factory must display and correctly maintain a notice of periods work for
children. Such notice should show clearly the periods during which children may
be required or allowed to work. The periods shown in the notice shall be fixed
beforehand as per section 61 regarding period of work for adults, but there
shall be no contravention of the provisions of section 71.
7.
Register of Child Workers [Section 73]: The manager of
every factory in which children are employed shall maintain a register of child
workers showing:
(a)
The name of each child worker in the factory
(b)
The nature of his work
(c)
The group in which he is included
(d)
Where his group works on shifts, the relay to which he is allotted
(e)
The number of his certificate of fitness
No
child worker shall be required or allowed to work in any factory unless his
name other particulars have been entered in the register of child workers
Section73 (1—A)
This
register must be made available to the Inspector at all times during working
hours or when any work is being carried on in a factory.
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.
8.
Hours of work to Correspond with Notice Under Section 72 and Register Under
Section 73 [Section 74]: No child shall be
employed in any factory otherwise than in accordance with the notice of periods
of work for children displayed in the factory and the entries made before hand
against his name in the register of child workers of the factory.
9.
Power to Require Medical Examination [Section 75]: An
inspector has power to server a notice on the manager of the factory asking him
for the medical examination of the young person who works in a factory either
without a certificate of fitness, or with a certificate of fitness but is no
longer fit to work in that capacity.
Such
a young person, shall not, if the inspector so directs, be employed or
permitted to work in any factory until he has been granted certificate of
fitness or fresh certificate of fitness as the case may be or has been
certified by the certifying surgeon examining him not to be a young person.
10.
Power to make Rules [Section 76]: This section authorises
the state Government to make rules:
(a)
Prescribing the forms of certificates of fitness to be granted to young
persons, and the procedure for their issue
(b)
Prescribing the physical standards to be attained by children and adolescents
working in factories
(c)
Regulating the procedure of certifying surgeons
(d)
Specifying other duties which the certifying surgeons may be required to
perform in connection with the employment of young persons in factories.
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