Section 70 of the Factories Act 1948: Effect of Certificate of Fitness Granted to an Adolescent
Section 70 governed the legal status of an adolescent worker who had, or had not, received a certificate of fitness to work in a factory as an adult under Section 69(2)(b) of the Factories Act, 1948.
What Section 70 provided
The provision linked an adolescent worker's legal status to the certificate of fitness issued under Section 69. Where the statutory conditions were met, the adolescent could be treated as an adult for specified chapters of the Act. Without the required certificate, the adolescent was treated as a child for the purposes of the Act.
Text of Section 70 of the Factories Act 1948
Section 70 - Effect of certificate of fitness granted to adolescent
(1) An adolescent who has been granted a certificate of fitness to work in a factory as an adult under clause (b) of sub-section (2) of section 69, and who while at work in a factory carries a token giving reference to the certificate, shall be deemed to be an adult for all the purposes of Chapters VI and VIII.
(1A) No 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.
Provided that the State Government may, by notification in the Official Gazette, in respect of any factory or group or class or description of factories:
(i) vary the limits laid down in this sub-section so, however, that no such variation shall authorise the employment of any female adolescent between 10 P.M. and 5 A.M.; and
(ii) grant exemption from the provisions of this sub-section in case of serious emergency where national interest is involved.
(2) An adolescent who has not been granted a certificate of fitness to work in a factory as an adult under clause (b) of sub-section (2) of section 69 shall, notwithstanding his age, be deemed to be a child for all the purposes of the Act.
Legislative note: The proviso and Explanation formerly associated with sub-section (1) were omitted by Act 20 of 1987 with effect from 1 December 1987, and sub-section (1A) was inserted by the same amending Act with effect from that date.
Meaning and legal effect of the provision
Certificate under Section 69
Section 70 operated together with Section 69. The relevant certificate of fitness was the statutory basis on which an adolescent could be treated as fit to work as an adult, subject to the requirements imposed by the Act.
Token referring to the certificate
Under sub-section (1), possession of the certificate alone was not the only condition stated in the provision. While at work in the factory, the adolescent was also required to carry a token referring to that certificate before being deemed an adult for Chapters VI and VIII.
Effect where no adult fitness certificate was granted
Sub-section (2) took the opposite approach. An adolescent without the certificate specified in Section 69(2)(b) was deemed to be a child for all purposes of the Factories Act, irrespective of age within the adolescent category.
Historical restrictions on working hours
Sub-section (1A) imposed special time restrictions on a female adolescent and on a male adolescent below seventeen years even where a certificate of fitness to work as an adult had been granted. It also permitted limited State Government variation by notification and an exemption for a serious emergency involving national interest.
Present legal position after repeal of the Factories Act
The Central Government brought the Occupational Safety, Health and Working Conditions Code, 2020 into force on 21 November 2025. Section 143 of that Code provides for repeal of the Factories Act, 1948 along with other specified labour enactments, subject to the Code's savings provisions. Users dealing with current factory safety, health and working-condition questions should therefore consult the OSHWC Code, the applicable rules, notifications and any relevant State provisions rather than relying on Section 70 as a current operative section.
Why Section 70 may still matter
Although repealed, the provision may remain relevant when examining historical employment periods, earlier compliance, proceedings relating to acts or omissions occurring under the former law, or the legislative development of protections for young workers. The precise effect in a pending or historical matter can depend on the repeal-and-savings provisions and the facts of the case.
Related provisions of the former Factories Act
For the statutory context surrounding Section 70, see Section 69 - Certificates of fitness, Section 68 - Non-adult workers to carry tokens, and Section 67 - Prohibition of employment of young children.
Last reviewed: 26 September 2026. This page is an informational legal reference and should be read with the current statutory text, rules and applicable notifications.