Employment of Young Persons (Sections 67 to 77) under factory act

I. Definitions under the Factories Act, 1948 (Section 2)

The definitions in Section 2 of the Factories Act form the backbone of interpretation and application of the law. 

🔹 Section 2(a): Adult

A person who has completed 18 years of age.

🔹 Section 2(b): Adolescent

A person who is between 15 and 18 years of age.
Can be employed in a factory only after obtaining a certificate of fitness from a certifying surgeon (Section 69).

🔹 Section 2(c): Child

A person who has not completed 15 years of age.
A child cannot be employed in any factory (Section 67).

🔹 Section 2(l): Worker

A person employed—directly or indirectly, with or without wages—in any manufacturing process or in cleaning, lubricating machinery, etc.

🔹 Section 2(k): Manufacturing Process

Includes any process of:

• Making, altering, packing, cleaning, oiling, printing, dyeing
• Pumping water, generating electricity
• Preserving articles for sale or trade

🔹 Section 2(m): Factory

A place where:

• 10 or more workers are working with power, or
• 20 or more workers are working without power, and
• A manufacturing process is being carried on.

🔹 Section 2(n): Occupier

The person who has ultimate control over the affairs of the factory.
Could be an owner, partner, director, etc.

🔹 Section 2(cb): Hazardous Process

A manufacturing process which may cause serious health hazards, bodily injury, or death due to exposure to toxic or dangerous substances.

II. Employment of Young Persons (Sections 67 to 77)

The Factories Act has special provisions to protect children and adolescents from exploitation and dangerous work.

Section 67: Prohibition of Employment of Young Children

❌ Children below 14 years of age cannot be employed in any factory.

Section 68: Non-Adult Workers to Carry Token

Every adolescent must carry a certificate of fitness and a token/reference card while at work.

 Section 69: Certificate of Fitness

A certifying surgeon must issue a certificate of fitness before an adolescent (15–18 years) can be employed.

📝 Conditions:

• Valid for 12 months
• May be cancelled if the adolescent is found unfit for factory work.

 Section 70: Working Hours for Children

Children (aged 14 and above but under 15) can work only if they:

• Have a certificate of fitness
• Do not work more than 4.5 hours/day
• Are not allowed to work during night hours (10 PM to 6 AM)

Section 71: Restrictions on Employment of Children

• No child shall work in more than one factory on the same day.
• Work must be supervised by an adult male or female.
• No work during night shift (after 10 PM).

Section 72: Notice of Periods of Work for Children

Factory manager must display a notice showing:

• Working hours
• Name of children employed

Section 73: Register of Child Workers

Factory must maintain a register of all child workers, including:

• Name
• Age
• Certificate number
• Working hours

Section 74: Hours of Work to Correspond with Notice

Actual working hours of children must match the notice and register.

Section 75: Power to Require Medical Examination

Inspector can ask for re-examination if a worker's age or fitness is in doubt.

Section 76: Rules by State Government

The state government can make rules regarding:

• Medical examinations
• Fitness conditions
• Supervision and registration

Section 77: Prohibition of Employment of Children in Certain Dangerous Operations

State Government may prohibit or restrict employment of children in:

• Dangerous machines
• Hazardous processes
• Unsafe environments

Conclusion:

The Factories Act, 1948 ensures that young persons are not exploited in industrial settings and that their health and education are not adversely affected. These provisions align with constitutional protections under:

• Article 24: Prohibition of child labour
• Article 39(e) & (f): Protection of children’s health and opportunities

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