PROVISIONS RELATING TO YOUNG PERSONS

Ø  PROVISIONS RELATING TO YOUNG PERSONS
INDUSTRIAL LAW
THE FACTORIES ACT 1948

INDUSTRIAL LAW
THE FACTORIES ACT 1948

• DEFINITION OF YOUNG PERSON
• SECTION 2(d) ,” YOUNG PERSON MEANS A PERSON WHO IS EITHER CHILD OR AN ADOLESCENT”
• SECTION 2(c) ,” CHILD MEANS A PERSON WHO HAS NOT COMPLETED HIS 15 TH YEAR OF HIS AGE
• SECTION 2(b),” ADOLESCENT MEANS A PERSON WHO HAS COMPLETED HIS 15 YEARS OF AGE BUT NOT COMPLETED HIS EIGHTEENTH YEAR.

• PROVISIONS RELATING TO EMPLOYMENT OF YOUNG PERSONS
• PROHIBITION ON EMPLOYMENT OF YOUNG CHILDREN(SECTION 67)

1. NO CHILD WHO HAS NOT COMPLETED HIS 14 TH YEAR SHALL BE ALLOWED TO WORK IN ANY FACTORY(CONSTITUTION ARTICLE 24)
2. SECTION 68 PERMITS A CHILD WHO HAS COMPLETED HIS 14 TH YEAR SUBJECT TO:-
3. A CERTIFICATE OF FITNESS(SECTION 69)( IN THE CUSTODY OF MANAGER OF THE FACTORY)
4. SUCH CHILD OR ADOLESCENT CARRIES WHILE HE IS AT WORK,A TOKEN GIVING REFERENCE TO SUCH CERTIFICATE

• NON ADULT WORKER TO CARRY TOKEN(SEC 68)

1. SECTION 68 PERMITS A CHILD WHO HAS COMPLETED HIS 14 TH YEAR SUBJECT TO:-
2. A CERTIFICATE OF FITNESS(SECTION 69)( IN THE CUSTODY OF MANAGER OF THE FACTORY)
3. SUCH CHILD OR ADOLESCENT CARRIES WHILE HE IS AT WORK,A TOKEN GIVING REFERENCE TO SUCH CERTIFICATE

• CERTIFICATE OF FITNESS(SECTION 69):

1. APPLICATION TO CERTIFYING SURGEON
2. ALONG WITH DOCUMENT SIGNED BY THE MANAGER
3. GRANTING OF CERTIFICATE OF FITNESS BY CERTIFYING SURGEON IF HE IS SATISFIED THAT YOUNG PERSON HAS COMPLETED 14 YEARS OF AGE AND HE HAS ATTAINED PHYSICAL STANDARD AND HE IS SATISFIED THAT THE YOUNG PERSON HAS COMPLETED 15 TH YEAR AND FIT FOR FULL DAY’S WORK AS AN ADULT
4. REFUSAL TO GRANT A NEW/RENEWAL,CERTIFYING AUTHORITY HAS TO STATE HIS REASONS FOR WRITING
5. VALIDITY OF CERTIFICATE (NEW/RENEWED) FOR ONE YEAR
6. MAY BE REVOKED BY CERTIFYING SURGEON IF THE YOUNG PERSON IS NO LONGER TO FIT FOR WORK
7. ANY FEE IF WILL BE PAID BY THE OCCUPIER OF THE FACTORY

• EFFECT OF CERTIFICATE OF FITNESS GRANTED TO ADOLESCENT 70:

1. AN ADOLESCENT WHO HAS BEEN GRANTED A CERTIFICATE OF FITNESS SHALL BE DEEMED TO BE AN ADULT FOR ALL THE PURPOSE OF THE ACT
2. NO MALE/FEMALE ADOLESCENT WHO HAS NOT ATTAINED THE AGE OF 17 YEARS BUT HAVE CERTIFICATE OF FITNESS SHALL BE REQUIRED TO WORK IN ANY FACTORY EXCEPT BETWEEN 6 AM AND 7 PM
3. THE STATE GOVERNMENT MY BE NOTIFICATION BY THE OFFICIAL GAZETTE VARY OR EXEMPT
4. AN ADOLESCENT WHO NOT HAVING CERTIFICATE OF FITNESS WILL BE TREATED AS CHILD

• WORKING HOURS FOR CHILDREN (SEC 71):-

1. NO CHILD SHALL BE EMPLOYED OR PERMITTED TO WORK IN ANY FACTORY:-
2. FOR MORE THAN FOUR AND A HALF HOURS A DAY
3. DURING THE NIGHT( BETWEEN 10 PM AND 6 PM)
4. LIMITED TO TWO SHIFTS WHICH SHALL NOT OVER LAP OR SPREAD OVER MORE THAN FIVE HOURS EACH
5. THE PROVISIONS OF SECTION 52 RELATING TO WEEKLY HOLIDAYS SHALL APPLY TO CHILD WORKER
6. NO CHILD SHALL BE ALLOWED TO WORK IN ANY FACTORY ON ANY DAY WHICH HE ALREADY WORKING IN ANOTHER FACTORY
7. FEMALE CHILD SHALL BE REQUIRED OR ALLOWED IN ANY FACTORY FROM 8  AM TO 7 PM

• NOTICE OF PERIODS OF WORK FOR CHILDREN ( SEC 72)

1. DISPLAY OF NOTICE OF PERIOD FOR WORK FOR CHILDREN CLEARLY EVERY DAY THE PERIOD DURING WHICH CHILDREN BE ALLOWED TO WORK
2. THE PROVISION WITH REGARD TO NOTICE FOR ADULT SHALL ALSO APPLY

• REGISTER OF CHILD WORKER( SECTION 73):-

a)       THE MANAGER OF EVERY FACTORY IN WHICH CHILDREN ARE EMPLOYED SHALL MAINTAIN A REGISTER

b)       NO CHILD WORKER SHALL BE ALLOWED TO WORK IN ANY FACTORY UNLESS HIS DETAILS ARE NOT ENTERED IN THE REGISTER

c)         THE STATE GOVERNMENT MAY PRESCRIBE MANNER IN WHICH THE REGISTER IS TO BE MAINTAINED

• HOURS OF WORK TO CORRESPOND WITH NOTICE AND REGISTER ( SECTION 74):_
• POWER TO REQUIRE MEDICAL EXAMINATION ( SEC 75):- WHERE AN INSPECTOR IS OF THE OPINION:-

a)       WORKING WITHOUT CERTIFICATE OF FITNESS

b)       IS NO LONGER TO FIT TO WORK IN THAT CAPACITY

c)        SERVE NOTICE ON MANAGER TO THAT PERSON TO BE EXAMINED BY CERTIFYING AUTHORITY

d)       POWER TO MAKE RULES REGARDING CHILD WORKERS( SEC 76):_THE STATE GOVERNMENT IS EMPOWERED TO MAKE RULE REGARDING

e)       CERTIFICATE OF FITNESS

f)        PHYSICAL STANDARD

g)       REGULATING THE PROCEDURE OF CERTIFYING SURGEONS

h)       SPECIFYING OTHER DUTIES OF CERTIFYING SURGEON

• SAFETY PROVISIONS RELATING TO YOUNG PERSONS:-

1. NO YOUNG PERSON SHALL BE ALLOWED TO CLEAN,LUBRICATE OR ADJUST ANY PART OF THE MACHINE WHILE IT IS IN MOTION
2. NO YOUNG PERSON SHALL BE ALLOWED TO WORK ON A DANGEROUS MACHINES EXCEPT CERTAIN SITUATIONS
3. NO CHILD SHALL BE EMPLOYED IN ANY PART OF A FACTORY FOR PRESSING COTTON IN WHICH A COTTON OPENER IS AT WORK
4. SPECIFIED BY STATE GOVERNMENT