Section 41A: Constitution of Site Appraisal Committees Section 41B: Compulsory disclosure of information by the occupier Section 41C: Specific responsibility of the occupier in relation to hazardous processes Section 41D: Power of Central Government to appoint an Inquiry Committee Section 41E: Emergency standards Section 41F: Permissible limits of exposure of chemical and toxic substances Section 41G: Workers’ participation in safety management Section 67:- Prohibition of Employment of Young Children Section 68:- Non-Adult Workers to Carry Tokens Section 69:- Certificate of Fitness Section 70:- Effect of Certificate of Fitness Granted to Adolescent Section 71:- Working hours for Children Section 72:- Notice of Period of Work for Children Section 73:- Register of Child Workers Section 74:- Hours of work to Correspond with Notice Under Section 72 and Register Under Section 73 Section 75:- Power to Require Medical Examination Section 76:- Power to Make Rules Section 77:- Certain other provision of law not barred

1. FACTORIES ACT, 1948(Part 6), Hazardous
Processes & Employment of Young Person
Prepared by Ms. Shery Asthana
Asst. Prof. (Greater Noida Institute of Management)

3. Section 41A: Constitution of Site Appraisal
Committees
This section states that the factory should appoint a ‘Site Appraisal
Committee’ consisting. This committee will be responsible for suggesting
the location of the factory which includes hazardous process. This
committee will include:
(a) the Chief Inspector of the State
(b) a representative of the Central Board for the Prevention and Control of
Pollution
(c) a representative of the Department of Environment in the State
(d) a representative of the Meteorological Department of the Government
of India
(e) an expert in the field of occupational health
(f) a representative of the Town Planning Department of the State
Government

4. Section 41B: Compulsory disclosure of
information by the occupier
•Firstly, the occupier of every factory involving a hazardous process
shall disclose in the prescribed manner all information regarding
dangers and the measures to overcome the same.
•Secondly, the occupier shall, at the time of registering the factory
lay down a detailed policy with respect to the health and safety of
the workers.
•Thirdly, the information should be completely accurate and
updated.
•Lastly, every occupier shall, with the approval of the Chief
Inspector, draw up an on-site emergency plan. He should also draw
up detailed disaster control measures for his factory. Moreover, the
factory should announce it to all the workers and the public in

5. Section 41C: Specific responsibility of the
occupier in relation to hazardous processes
This section states that every occupier of a factory involving any
hazardous process should:
•Accurately maintain the health and medical records of all the
workers in a factory. It is mainly for those workers who are working in
the manufacturing of toxic or harmful substances.
•Appoint persons who possess qualifications and experience in
handling hazardous substances. They should also be competent to
supervise such handling within the factory. Moreover, they should
provide all the necessary facilities for protecting the workers in the
manner prescribed.
•Provide for medical examination of every worker before assigning
any production task involving hazardous substance.

6. Section 41D: Power of Central Government to
appoint an Inquiry Committee
•This section states that The Central Government in some
extraordinary situations may appoint an Inquiry Committee for a
factory manufacturing hazardous material.
•They inquire into the standards of health and safety observed in
the factory. They do so to find out the causes of any failure or
neglect in the adoption of all measures or standards.
•Moreover, the committee should consist of a Chairman and two
other members. The Central Government determines the tenure
of the members. Also, the recommendations of the Committee
shall be advisory in nature.

7. Section 41E: Emergency standards
•This section states that in certain cases when The Central
Government thinks that the factory is unable to apply certain
security measures then it is allowed to direct the Director-in-
charge of the factory to implement the measures or standards on
an immediate basis.
•This mainly applies to factories involving the production of
hazardous substances.

8. Section 41F: Permissible limits of
exposure of chemical and toxic
substances
This section states:
•Firstly, the maximum permissible threshold limits of exposure of
chemical substances should be as per Schedule Two.
•Secondly, the Central Government may, at any time, for the purpose
of giving effect to any scientific proof may make suitable changes in
the said Schedule.

9. Section 41G: Workers’ participation in
safety management
This section states that:-
•The occupier shall, in every factory where a hazardous process takes
place, should set up a Safety Committee. This safety will comprise an
equal number of representatives of workers and management.
•It is mainly formed to promote co-operation between the workers
and the management in maintaining safety and perfect health at work.

10. Section 67:- Prohibition of Employment of Young Children
Section 68:- Non-Adult Workers to Carry Tokens
Section 69:- Certificate of Fitness
Section 70:- Effect of Certificate of Fitness Granted to Adolescent
Section 71:- Working hours for Children
Section 72:- Notice of Period of Work for Children
Section 73:- Register of Child Workers
Section 74:- Hours of work to Correspond with Notice Under Section 72 and
Register Under Section 73
Section 75:- Power to Require Medical Examination
Section 76:- Power to Make Rules
Section 77:- Certain other provision of law not barred
Employment of Young Persons in
Factories

11. Section 67:- Prohibition of Employment of Children:-
A child who has not completed his fourteenth year is prohibited
from working in any factory.
Section 68:- Non-Adult Workers to Carry Tokens:-
A young child who has completed his fourteenth year or an
adolescent shall not be required or allowed to work in any factory
unless he is given a certificate of fitness by a competent certifying
surgeon. Such a certificate shall be in the custody of the manager
of the factory. The young person shall carry while he is at work a
token giving a reference to such a certificate.
The object of section 68 is to prevent the exploitation of the young
labour force.

12. Section 69:- Certificate of Fitness:-
The certificate of fitness is granted by a certifying surgeon on the
application of young person or a guardian. The application must be
accompanied by a document signed by the manager of a factory
that the young person will be employed therein if certified to be fit
for work in a factory.
This Fitness Certificate eligible till 12 month.
The application for the grant of the certificate of fitness can also
be made by the manager of the factory in which the young person
wishes to work. The certifying surgeon shall examine the young
person and ascertain his fitness for work in a factory.

13. Section 70:- Effect of Certificate of Fitness Granted to Adolescent:-
An adolescent who has been granted a certificate of fitness to
work as an adult, would be deemed to be an adult and all
provisions of the Factories Act relating to adult workers would
apply to him.
female adolescent or a male adolescent who has not attained the
age of seventeen years but who has been granted a certificate of
fitness to work in a factory as an adult shall be required or allowed
to work in any factory except between 6 A.M. and 7 P.M.

14. Section 71:- Working hours for Children:-
This section lays down further restrictions on the employment of
children in the factories. These restrictions as stated below relate to
working hours for children.
(1) A child shall not be employed or permitted to work for more than 4-1/2 hours in any
day. [Section 71(1)(a)]
(2) He is not permitted to work during night, i.e., during a period of at least 12
consecutive hours, including intervals, between 10 p.m. and 6 a.m.
(3) The period of work shall be limited to two shifts only. [Section 71(2)]
(4) These shifts shall not overlap.
(5) Shifts should not spread-over more than 5 hours each.
(6) Each child shall be employed in only one of the relays.
(7) The relays should not be changed more frequently than once in a period of 30 days,
otherwise previous permission of the Chief Inspector should be sought in writing.
(8) The provision relating to weekly holiday under Section 52, also apply to child
workers. But Section 7(3) does not permit any exemption in respect of these provisions.
(9) 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. [Section 71(4)]
(10) No female child shall be required or allowed to work in any factory except
between 8 a.m. and 7 p.m.

15. Section 72:- Notice of Period of Work for Children
Every factory must display and correctly maintain a notice of periods
work for children. Such notice should show clearly the periods during
which children may be required or allowed to work. The periods shown
in the notice shall be fixed before hand as per section 61 regarding
period of work for adults.
Section 73:- Register of Child Workers(Adolscent)
(a) The name of each child worker in the factory,
(b) The nature of his work,
(c) The group in which he is included,
(d) Where his group works on shifts, the relay to which he is allotted,
(e) The number of his certificate of fitness
This register must be made available to the Inspector at all times during
working hours or when any work is being carried on in a factory.
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.

16. Section 74:- Hours of work to Correspond with Notice Under Section 72
and Register Under Section 73
No child shall be employed in any factory otherwise than in accordance
with the notice of periods of work for children displayed in the factory and
the entries made before hand against his name in the register of child
workers of the factory.
Section 75:- Power to Require Medical Examination
An inspector has power to server a notice on the manager of the factory
asking him for the medical examination of the young person who works
in a factory either without a certificate of fitness, or with a certificate of
fitness but is no longer fit to work in that capacity.

17. Section 76:- Power to Make Rules
give authority to the State Government to make rules for:-
(a) Prescribing the forms of certificates of fitness to be granted to young
persons, and the procedure for their issue,
(b) Prescribing the physical standards to be attained by children and
adolescents working in factories,
(c) Regulating the procedure of certifying surgeons
(d) Specifying other duties which the certifying surgeons may be
required to perform in connection with the employment of young
persons in factory.
Section 77:- Certain other provision of law not barred
This section states that the provisions shall be in addition to and not in
derogation of, the provisions of the Employment of children Act, 1938.