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Unit 4: Factories Act, 1948
4.5.3 Employment of Children Notes
(i) Prohibition of Employment of Children and Adolescents: No factory can employ any person
unless he has completed fourteen years of age. (Section 67) Thus there is total prohibition in
employing children below 14 years of age. With regard to adolescent, i.e., above the age of
15 years but below 18 years, he too cannot be employed in a factory unless (i) he as well as
the manager of a factory are in possession of certificates of fitness granted by the Certifying
Surgeon and (ii) the adolescent carries with him while at work a token giving a reference
to such certificate issued to him. (Section 68)
(ii) Effect of Certificate of Fitness Granted to Adolescent: An adolescent who has been granted
certificate of fitness to work as an adult in a factory by the Certifying Surgeon is to be
treated as an adult for the purposes of working hours and annual leave with wages. But
in case, such certificate has not been granted to him then irrespective of his age he is to be
treated as child for the purpose of this Act. But an adolescent who has not attained the age
of seventeen years but has obtained a certificate of fitness to work in a factory as an adult
shall be required or allowed to work between 6 a.m. and 7 p.m. only. However, the State
Government may by notification in the Official Gazette, in respect of any factory or group
or class or description of factories:
z vary the limit laid down in this sub-section. So, however, that no such sub-section
authorise the employment of any female adolescent between 10 p.m. and 5 a.m.;
z grant exemption from the provision of this sub-section in case of serious emergency
where national interest is involved.
(iii) Working Hours for Children: The Act regulates the working hours for children above age of
14 years eligible for employment in the factory. They can be employed for maximum hours
of work lasting 4 / hours in a day. The other prohibitions relating to their employment
1
2
are
z the period of work is to be limited to shifts only:
z the shifts are not to overlap;
z the spread-over is not to exceed 5 hours;
z the child is to be employed only in one relay;
z the spread-over is not to change except once in 30 days; there should be no double
employment;
z no exemption from the provisions of Section 52 dealing with weekly holidays; and
z employment during night, i.e., between 10 p.m., and 5 a.m. is prohibited.
(iv) Register of Child Workers: The manager of every factory in which children are employed
shall maintain a register of child workers, to be available to the Inspector at all times during
working hours or when any work is being carried on in a factory, showing –
z the name of each child worker in the factory,
z the nature of his work,
z the group, if any, in which he is included,
z where his group works in shifts, the relay to which he is allotted, and
z the number of his certificate of fitness granted under section 69.
(1A) 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. The State Government may
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