Section 69 of the Factories Act 1948: Certificates of Fitness and Current Law
Section 69 of the Factories Act, 1948 dealt with medical examination and certificates of fitness for young persons working in factories. The Factories Act has now been repealed following commencement of the Occupational Safety, Health and Working Conditions Code, 2020. This article explains the former Section 69 and identifies the present statutory provision governing fitness certification of adolescents.
Current provision: Section 42 of the OSH Code 2020
Section 42 of the Occupational Safety, Health and Working Conditions Code, 2020 concerns medical officers. Under Section 42(1), the appropriate Government may appoint qualified medical practitioners as medical officers for factories, mines, plantations, motor transport undertakings and other prescribed establishments.
For adolescent workers, Section 42(2)(c) specifically assigns the medical officer the duty of examining and certifying an adolescent to ascertain fitness for employment in a factory, plantation, motor transport undertaking or other prescribed establishment where the work is likely to cause injury to the adolescent's health.
- The former Section 69 certificate system belonged to the repealed Factories Act framework.
- The current central statutory basis for adolescent fitness examination and certification is Section 42(2)(c) of the OSH Code, 2020.
- Detailed procedure, forms, qualifications and implementation requirements may depend on applicable rules, saved rules, and notifications of the appropriate Government.
Meaning of important terms
Adolescent
The OSH Code should be read with its statutory definitions and the applicable child and adolescent labour law framework. For employment involving health risks, the medical certification requirement under Section 42(2)(c) is intended to determine whether the adolescent is medically fit for the relevant work.
Medical officer
A medical officer under Section 42 is a medical practitioner having the prescribed qualification and appointed by the appropriate Government for the purposes specified in the Code. The provision replaces the older Factories Act framework that used the expression "certifying surgeon" for the functions described in former Section 69.
Former Section 69 of the Factories Act 1948
The following provision is reproduced for historical reference. It should not be read as the current operative central provision after 21 November 2025.
Section 69: Certificates of fitness
(1) A certifying surgeon shall, on the application of any young person or his parent or guardian accompanied by a document signed by the manager of a factory that such person will be employed therein if certified to be fit for work in a factory, or on the application of the manager of the factory in which any young person wishes to work, examine such person and ascertain his fitness for work in a factory.
(2) The certifying surgeon, after examination, may grant to such young person, in the prescribed form, or may renew:
(a) a certificate of fitness to work in a factory as a child, if he is satisfied that the young person has completed his fourteenth year, that he has attained the prescribed physical standards and that he is fit for such work;
(b) a certificate of fitness to work in a factory as an adult, if he is satisfied that the young person has completed his fifteenth year, and is fit for a full day's work in a factory.
Proviso: Unless the certifying surgeon has personal knowledge of the place where the young person proposes to work and of the manufacturing process in which he will be employed, the surgeon shall not grant or renew a certificate under this sub-section until the place has been examined.
(3) A certificate of fitness granted or renewed under sub-section (2):
(a) was valid only for twelve months from its date; and
(b) could be made subject to conditions concerning the nature of work or requiring re-examination before expiry of the twelve-month period.
(4) A certifying surgeon was required to revoke a certificate if, in the surgeon's opinion, its holder was no longer fit to work in the capacity stated in the certificate.
(5) If a certifying surgeon refused to grant or renew a certificate, refused the kind of certificate requested, or revoked a certificate, reasons had to be stated in writing when requested by a person entitled to apply for the certificate or renewal.
(6) Where a certificate was granted or renewed subject to conditions, the young person could not be required or allowed to work except in accordance with those conditions.
(7) Any fee payable for the certificate was payable by the occupier and could not be recovered from the young person, parent or guardian.
What changed after repeal of the Factories Act
Section 143 of the OSH Code expressly includes the Factories Act, 1948 among the enactments repealed when the Code commenced. The Code also contains savings provisions for specified actions, appointments, rules and other matters arising under the repealed enactments. Therefore, an older certificate, proceeding or compliance issue should be examined with reference to the relevant date, the savings clause, and any applicable rules or State provisions rather than by assuming that former Section 69 continues unchanged.
Official legal resources
- Gazette notification bringing the OSH Code into force from 21 November 2025 - Ministry of Labour and Employment
- Occupational Safety, Health and Working Conditions Code 2020 - Ministry of Labour and Employment
- Text of the Occupational Safety, Health and Working Conditions Code 2020
- Factories Act 1948 - historical official text
Legal note: Labour law implementation can involve Central and State rules and notifications. For a live compliance question, verify the rules and notifications applicable to the establishment and the appropriate Government.