Section 75 of the Factories Act 1948 - Power to Require Medical Examination

Section 75 empowered a factory Inspector to require medical examination of a person suspected to be a young person working without the required certificate of fitness, or of a young person whose existing fitness certificate no longer appeared appropriate.

Current legal status: The Factories Act, 1948 has been repealed following the commencement of the Occupational Safety, Health and Working Conditions Code, 2020 with effect from 21 November 2025. Section 75 is therefore reproduced on this page for historical reference, interpretation of earlier matters and understanding actions saved under the repeal-and-savings provisions. For present compliance, the OSHWC Code, 2020 and the applicable rules and notifications should be checked.

Text of Section 75 - Power to Require Medical Examination

Where an Inspector is of opinion--

(a) that any person working in a factory without a certificate of fitness is a young person, or

(b) that a young person working in a factory with a certificate of fitness is no longer fit to work in the capacity stated therein,

he may serve on the manager of the factory a notice requiring that such person or young person, as the case may be, shall be examined by a certifying surgeon, and such person or young person shall not, if the Inspector so directs, be employed, or permitted to work, in any factory until he has been so examined and has been granted a certificate of fitness or a fresh certificate of fitness, as the case may be, under section 69, or has been certified by the certifying surgeon examining him not to be a young person.

What Section 75 Meant

The provision was a protective mechanism in the chapter of the Factories Act dealing with employment of young persons. It allowed the Inspector to intervene when age or physical fitness for the work was in doubt, instead of relying only on an existing certificate or on the employer's assessment.

When could the Inspector require an examination?

When a person working without a certificate of fitness appeared to the Inspector to be a young person.
When a young person already holding a certificate of fitness appeared no longer fit for the capacity stated in that certificate.

Who conducted the examination?

The examination contemplated by Section 75 was to be conducted by a certifying surgeon. Under the Factories Act framework, certifying surgeons were qualified medical practitioners appointed for statutory functions that included examination and certification of young persons.

What was a certificate of fitness?

Section 69 of the Factories Act dealt with certificates of fitness for young persons. Section 75 expressly linked the Inspector's direction to a certificate or fresh certificate under Section 69. The medical examination could also establish that the person concerned was not a young person for the purposes of that statutory framework.

Could the person continue working while examination was pending?

Not necessarily. If the Inspector so directed, the person could not be employed or permitted to work in any factory until the required examination had taken place and the statutory fitness requirement described in Section 75 had been satisfied.

Present Position Under the OSHWC Code 2020

The Occupational Safety, Health and Working Conditions Code, 2020 consolidates central occupational safety and working-condition laws. All provisions of the Code were brought into force from 21 November 2025. Section 143 of the Code repeals the Factories Act, 1948 and contains savings for specified earlier actions and instruments.

Practical reading note: For an incident, certificate, notice, proceeding or compliance question arising under the former Factories Act regime, the repeal-and-savings provisions may be relevant. For current factory compliance, do not rely on Section 75 alone; consult the OSHWC Code, applicable rules, State requirements and current notifications.

Official Legal Resources

For authoritative reference, see the Factories Act, 1948 - Ministry of Labour and Employment, the Occupational Safety, Health and Working Conditions Code, 2020 - Ministry of Labour and Employment, and the Acts and Policies - Ministry of Labour and Employment.

This article is intended for legal information and historical statutory reference. Applicability can depend on the relevant date, establishment, State rules, notifications and facts.