Prohibition of employment of young children [Sec. 67].
No child who has not
completed his 14th year shall be require 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) A certificate of fitness for such work is in the custody of the manager of the factory, and (b) Such child or adolescent carrier, 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 14 th year to work in a factoyr as a child. But if the young person has completed his 15 th 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. 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 (1)] 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) A child, if he is satisfied (i) that the young person has completed his 14 th year, (ii) that he has attained the prescribed physical standards, and (iii) that he is fit for such work ; (b) An adult, if he is satisfied (i) that the young person has completed his 15the year, and (ii) that he is fit for a full days work in a factory [Sec. 69 (2)]. Certificate valid for 12 months. A certificate of fitness granted or renewed is valid for 12 months from the date of issue, but if 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 re-examination of the young person before the expiry of the period of 12 months [Sec. 69 (3)]. Revocation of certificate of fitness. A certificate of fintness 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 (4)]. 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 (5)]. 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 [Sec. 69 (7)]. 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 deemed to be an adult for the purposes of hours of work of an adult and the annual leave [Sec. 70 (1)}. 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. [Sec. 70 (1-A)] as introduced by the Amendment Act of 1987]. The State Government may, by notification in the Official Gazette, in respect of any factory or group or class or descriping of factory (i) Very the limits laid down in Sec. 70 (1-A) in case of serious emergency where national interest is involved [Proviso to Sec. 70 91A) (ii) Grant exemption from the provision of Sec. 70 (1-A) in case of serious emergency where national interest is involved [Proviso to Sec. 70 (1A) An adolescent who has not been granted a certificate of fitness to work in a facoty as an adult is deemed to be a child for all the purposes of the Factories Act [Sec. 70 (2)].