Page 27 - DMGT306_MERCANTILE_LAWS_II

Mercantile Laws – II

Notes (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

 vary the limit laid down in this sub-section. So, however, that no such sub-section authorises
the employment of any female adolescent between 10 p.m. and 5 a.m.;
 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 4-1/2 hours in a day.
The other prohibitions relating to their employment are
 the period of work is to be limited to shifts only;
 the shifts are not to overlap;
 the spread-over is not to exceed 5 hours;

 the child is to be employed only in one relay;
 the spread-over is not to change except once in 30 days; there should be no double
employment;

 no exemption from the provisions of Section 52 dealing with weekly holidays; and
 employment during night, i.e., between 10 p.m, and 6 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 -
 the name of each child worker in the factory,
 the nature of his work,

 the group, if any, in which he is included,
 where his group works in shifts, the relay to which he is allotted, and
 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
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.

22 LOVELY PROFESSIONAL UNIVERSITY