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 The Factories Act has now been repealed following commencement of the Occupational Safety, Health and Working Conditions Code, 2020.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 legal status: The Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025. Section 143 of that Code repealed the Factories Act, 1948. Accordingly, Section 69 is retained below as historical law and for matters in which the repeal and savings provisions may be relevant. For current law, see Section 42 of the OSH Code and the applicable rules and notifications.

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.

In practical terms:
  • The former Section 69 certificate system belonged to the repealed Factories Act framework.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.

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

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.