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EMPLOYMENT OF YOUNG PERSONS

EMPLOYMENT OF YOUNG PERSONS. CHAPTER VII Sections: 67-77. 67 : prohibition of employment of young children. Age bar : 14 years of age. “no child who has not completed his 14 th year shall be allowed or required to work in any factory”. 68 : non-adult workers to carry tokens.

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EMPLOYMENT OF YOUNG PERSONS

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  1. EMPLOYMENT OF YOUNG PERSONS CHAPTER VII Sections: 67-77

  2. 67 : prohibition of employment of young children • Age bar : 14 years of age. • “no child who has not completed his 14th year shall be allowed or required to work in any factory”

  3. 68 : non-adult workers to carry tokens • Keyword : “TOKENS” • Applicable for : who has completed fourteen years or an adolescent. • Cannot work unless: • certificate of fitness with reference to him must be in custody of manager • Such a child or adolescent must carry “token” while he is at work which gives reference to such a certificate.

  4. 69 :certificate of fitness • Certifying surgeon may grant fitness certificate or renew it. • Can be applied for by any young person, or his parent or guardian accompanied by a document signed my manager which states that such a person will be employed if declared fit. • But provided that the surgeon has personal knowledge of place of work and the process of work and that he will grant until he has examined the place himself.

  5. About the certificate • Valid for 12 months only and may be subject to conditions in regard to nature of work • Can be revoked • Can be refused but reasons have to be stated in writing • Can ask for re-examination of young person before expiry of 12 months. • Fees for such a certificate are not the responsibility of the young person but of the occupier.

  6. 70 : effect of certificate of fitness • ‘Young person’ + ‘certificate’ = ‘adult’ • Adolescents with certificate allowed to work only between 6 am to 7 pm. • State governments can vary these limits but not allowed in between 10 pm and 5 am • Grant immunity in case of emergency • Adolescent without certificate == ‘child’ in this act

  7. 71 : working hours for children • Child cannot work for more than 4.5 hours in a day and cannot work at night. • Night  period of 12 hours which includes the interval between 10 pm and 6 am. • Period of work limited to two shifts and no overlap more than five hours allowed. • Relays not changed more than once in 30 days (except with permission from chief inspector) • No exemption from section 52 (weekly holidays) • No child can work in 2 factories on same day • Female children cannot work between 7 pm and 8 am

  8. 72 : notice of periods of work for children • Notice of periods of work shall be maintained and displayed in the factory • Periods must be fixed beforehand and in accordance with method for adult workers but not exceeding the section 71 (working hours)

  9. 73 : register of child workers • Manager must maintain register of child workers and it must be available to inspector at all working hours or when any work is being carried in the factory • Register must show : name, nature of work, group, relay details, number of the fitness certificate issued under section 69. • State govt can prescribe the form and nature of this register.

  10. 74: hours of work must correspond to sections 72 and 73 • The child should be employed only in accordance with the periods mentioned in the notice and in the register against the child’s name.

  11. 75: power to require medical examination • Inspector can ask for medical examination by a certifying surgeon if he feels: • A person working without certificate is a young person • Or young person working with certificate is no longer fit to work in that capacity • Inspector can do so by serving a notice to the manager • Such a person is prevented from work till the appropriate certificate is issued or renewed.

  12. 76 : power to make rules state govt. has the power to make rules • Regarding forms of certificates under 69 : nature, grant of duplicates, fees for the same and renewals. • Prescribing the physical standards required to be attained by children and adolescents • Regulating procedures of certifying surgeons and specifying other duties conferred on them and fixing the fees payable for this

  13. 77: certain other provisions of law not barred • The provisions of this law will be in addition to and not in derogation of the provisions of “The Employment of Children Act, 1938 (26 of 1938)”

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