Factories Act, 1955

PART VII.

Certificates of Fitness in respect of Young Persons.

Certificates of fitness for employment of young persons.

80.—(1) Subject to the provisions of this section, a young person who is taken into any employment in a factory shall not remain in that employment after the expiration of ten working days (or such longer period as may be prescribed) unless he has been examined by the certifying doctor and certified by him to be fit for that employment.

(2) Subject to the provisions of this section, a young person in respect of whom a certificate under subsection (1) of this section or under this subsection is in force shall not be taken into or remain in employment in a factory after the expiration of twelve months from the date of such certificate unless, during the last three of such twelve months, he has been examined by the certifying doctor or a registered medical practitioner engaged by or on behalf of such young person and has been certified by the certifying doctor or such practitioner to be fit for that employment.

(3) Where the certifying doctor or a registered medical practitioner after examining a young person requires further information or further time for consideration before deciding whether or not to certify him as fit for employment or as to the conditions subject to which the certificate is to be issued, he may issue a provisional certificate authorising the employment of the young person for such period as may be specified in the certificate, not exceeding twenty-one days from the date on which it was issued.

(4) Any certificate under this section may be issued—

(a) in respect of employment in all factories in the occupation of the same occupier, or such of them as may be specified in the certificate,

(b) subject to conditions as respects the nature of the work in which the person concerned is to be employed.

(5) Where a certificate under this section is issued upon any such condition as is referred to in subsection (4) of this section, the person to whom the certificate relates shall not, so long as he is a young person, be employed except in accordance with the condition.

(6) If the certificate under this section of a person is revoked while he is a young person, he shall not remain in any employment to which the certificate relates, and subsections (1) and (2) of this section shall thereafter have effect as if no certificate had been issued in respect of him.

(7) Where a certificate under this section in respect of a person is refused or revoked, the certifying doctor or registered medical practitioner shall, if requested to do so by the parent of the person, give to the parent in writing the reasons for the refusal or revocation.

(8) The Minister may make regulations prescribing—

(a) the manner in which and the place at which examinations under this section shall be conducted;

(b) the form of certificates under this section;

(c) the facilities to be afforded by occupiers of factories for the purpose of examinations under this section, including facilities for a certifying doctor or registered medical practitioner to inspect any process in which a young person is to be employed;

(d) any other matter which the Minister may consider desirable for the purpose of giving effect to this section.

(9) Where as respects any factory or class of factories the Minister is satisfied that the health risk is high, he may, by regulations in relation to such factory or class of factories, extend this section to persons who are not young persons and who have not attained the age of twenty-one.