Section 71 of the Factories Act 1948 - Working Hours for Children
Section 71 formed part of Chapter VII of the Factories Act, 1948 and regulated the hours during which a child could work in a factory. The provision is important for historical matters, saved actions and understanding the earlier factory-law framework.
What Section 71 provided
Before repeal of the Factories Act, Section 71 prescribed limits and safeguards for children working in factories. Its main requirements concerned daily hours, night work, shifts, weekly holidays, double employment and the permitted hours for a female child.
Historical text of Section 71: Working hours for children
(1) No child shall be employed or permitted to work, in any factory -
(a) for more than four and a half hours in any day;
(b) during the night.
Explanation. For the purpose of this sub-section, "night" meant a period of at least twelve consecutive hours which included the interval between 10 P.M. and 6 A.M.
(2) The period of work of all children employed in a factory was limited to two shifts which could not overlap or spread over more than five hours each. Each child could be employed in only one relay, and that relay could not ordinarily be changed more frequently than once in thirty days without the previous written permission of the Chief Inspector.
(3) Section 52, concerning weekly holidays, also applied to child workers and no exemption from that section could be granted in respect of a child.
(4) A child could not be required or allowed to work in a factory on a day on which the child had already been working in another factory.
(5) A female child could not be required or allowed to work in a factory except between 8 A.M. and 7 P.M.
Amendment history: Clause (b) of sub-section (1) was substituted by Act 25 of 1954 with effect from 7 May 1954. Sub-section (5) was inserted by Act 20 of 1987 with effect from 1 December 1987.
Meaning and effect of the former provision
Maximum daily working time
Section 71(1)(a) restricted a child to a maximum of four and a half hours of factory work in a day. This was a special protection applicable to child workers under the former Factories Act framework.
Night work was prohibited
Section 71(1)(b) prohibited a child from working during the statutory "night" period. For this purpose, the night had to cover at least twelve consecutive hours and include the interval from 10 P.M. to 6 A.M.
Shift and relay restrictions
Section 71(2) restricted child workers to two non-overlapping shifts, with each shift not spreading over more than five hours. A child could work in only one relay, with changes to the relay tightly controlled.
Weekly holiday protection
Section 71(3) extended the protection of Section 52 of the Factories Act to child workers. Section 52 was the former provision dealing with weekly holidays for workers.
No double employment on the same day
Section 71(4) prevented a child from working in more than one factory on the same day.
Current law after repeal of the Factories Act
The Occupational Safety, Health and Working Conditions Code, 2020 is now the principal Central consolidation governing occupational safety, health and working conditions across the establishments covered by that Code. Its Section 25 provides that the working hours of an adolescent worker are to be regulated in accordance with the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.
The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 is therefore particularly important when considering the employment of persons below eighteen years. The law distinguishes between a child and an adolescent. Broadly, a child is a person who has not completed fourteen years of age, subject to the statutory definition, while an adolescent is a person who has completed fourteen years but has not completed eighteen years.
The 1986 Act prohibits employment of children, subject to limited statutory exceptions, and prohibits employment of adolescents in hazardous occupations and processes specified under the Act. Where adolescent work is legally permissible, the Act and applicable rules regulate working conditions and hours.
Why the old Section 71 still matters
Although Section 71 is no longer the current operative factory provision, it may remain relevant when examining events that occurred while the Factories Act was in force, historical compliance, litigation, prosecutions, orders or other matters protected by the repeal and savings clause. The applicable law should therefore be identified by reference to the date of the employment, act, omission or proceeding concerned.
Related provisions
For the surrounding historical scheme, see the provisions on notice of periods of work, register of child workers, correspondence between actual hours and the statutory records, medical examination and rule-making powers:
Section 72 - Notice of periods of work for children
Section 73 - Register of child workers
Section 74 - Hours of work to correspond with notice and register
Section 75 - Power to require medical examination
Section 76 - Power to make rules
Legal note: This page explains the Central statutory position for general reference. State rules, saved rules, notifications and the facts and date of a particular case may affect the applicable legal position.