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    Am 10

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    Vaibhav

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    Am 10

    Uploaded by

    Vaibhav
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    AM 10

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    Am 10

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    Vaibhav

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    © All Rights Reserved
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    of 2

    FACTORIES ACT, 1948

    Meaning of Child, Adolescent, Young person and Adult:


    It is in consonance with Art 24 of the Constitution of India- Which prohibits employment of any
    child below 14 years in Factory, mine or hazardous environment.
    In MC Mehta v. UOI, 1996 SCC 756, SC had said that employment of children in hazardous
    industries is prohibited below 14 years and directions were issued. Even in Salal Hydro project
    v. State of J&K, 1983, SC had retreated that child below 14 years can’t be employed in
    construction work.
    In Bandhua Mukti Morcha v. UOI, 1997, in a PIL regarding employment of Children in Carpet
    industry it was held that the state is obliged for rendering the Socio-economic justice to children.
    Under The Factories Act, 1948, Section 2 (c) a “child” means a person who has not completed
    his fifteenth year of age;
    Under Chapter 7 of the Act, regarding employment of young person, Under Section 67.
    Prohibition of employment of young children. —No child who has not completed his fourteenth
    year shall be required or allowed to work in any factory. (It covers only factory not other
    hazardous environment)
    And, in Section 68. Non-adult workers to carry tokens. —A child who has completed his
    fourteenth year or an adolescent shall not be required or allowed to work in any factory unless-

    (a) a certificate of fitness granted with reference to him under section 69 is in the custody of the
    manager of the factory, and
    (b) such child or adolescent carries while he is at work a token giving a reference to such
    certificate.
    And, in Section 71, Working hours for children. — (1) No child shall be employed or permitted
    to work, in any factory— (who has completed 14 years)
    (a) for more than four and a half hours in any day;
    1[(b) during the night.
    Explanation. —For the purpose of this sub-section “night” shall mean a period of at least twelve
    consecutive hours which shall include the interval between 10 P.M. and 6 A.M.]
    (2) The period of work of all children employed in a factory shall be limited to two shifts which
    shall not overlap or spread over more than five hours each; and each child shall be employed in
    only one of the relays which shall not, except with the previous permission in writing of the
    Chief Inspector, be changed more frequently than once in a period of thirty days.
    (3) The provisions of section 52 shall apply also to child workers and no exemption from the
    provisions of that section may be granted in respect of any child.
    (4) No child shall be required or allowed to work in any factory on any day on which he has
    already been working in another factory.
    2[(5) No female child shall be required or allowed to work in any factory except between 8 A.M.
    and 7 P.M.]
    IMP DEFINATIONS:
    Under Section 2 (c) “child” means a person who has not completed his fifteenth year of age;
    A child who has completed 14 years, but not 15 can be appointed for a maximum period of 4.5
    hours/day by virtue of section 67.
    Under Section 2 (b) “adolescent” means a person who has completed his fifteenth year of age
    but has not completed his eighteenth year;
    Under Section 2 (a) “adult” means a person who has completed his eighteenth year of age;
    Under Section 2 (d) “young person” means a person who is either a child or an adolescent; Anyonw
    who’s age of up to 14/15/18 is a young person.
    Hence, to summarize-
    AGE 1-14: Cannot be appointed
    Age 14-15: Could be appointed subject to token, maximum of 4.5 hours.
    Who has not completed 18 years, but completed 15 years: There are certain restrictions on them, to be
    dealt in future lectures.

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