Section 76 of the Factories Act 1948 - Power to Make Rules

Section 76 formed part of Chapter VII of the Factories Act, 1948, dealing with the employment of young persons. It authorised the State Government to make rules on fitness certificates, physical standards, certifying surgeons and related duties concerning young persons employed in factories.

Current legal status: The Factories Act, 1948 was repealed on the commencement of the Occupational Safety, Health and Working Conditions Code, 2020 with effect from 21 November 2025. Section 143 of the Code contains the repeal and savings provisions. Accordingly, Section 76 is reproduced here as a legacy statutory provision for legal research, historical matters and saved actions or instruments. Current compliance should be checked under the OSHWC Code, applicable rules and relevant State provisions.

Text of Section 76 - Power to Make Rules

76. Power to make rules. The State Government may make rules--

(a) prescribing the forms of certificates of fitness to be granted under section 69, providing for the grant of duplicates in the event of loss of the original certificates, and fixing the fees which may be charged for such certificates and renewals thereof and such duplicates;

(b) prescribing the physical standards to be attained by children and adolescents working in factories;

(c) regulating the procedure of certifying surgeons under this Chapter;

(d) specifying other duties which certifying surgeons may be required to perform in connection with the employment of young persons in factories, and fixing the fees which may be charged for such duties and the persons by whom they shall be payable.

Meaning and Scope of Section 76

Section 76 was a delegated rule-making provision. Instead of prescribing every administrative detail in the Act itself, Parliament authorised the State Government to make rules for specified matters connected with the employment and medical fitness of young persons in factories.

Certificates of fitness: Clause (a) covered the prescribed form of a fitness certificate under Section 69, duplicate certificates where the original was lost, and fees for certificates, renewals and duplicates.
Physical standards: Clause (b) enabled rules prescribing the physical standards required for children and adolescents working in factories.
Certifying surgeons: Clause (c) enabled regulation of the procedure followed by certifying surgeons under the Chapter.
Additional medical duties and fees: Clause (d) permitted rules assigning other duties to certifying surgeons concerning young persons and prescribing the fees and the persons responsible for paying them.

Section 69 Referred to in Section 76

Section 69 of the Factories Act dealt with certificates of fitness for young persons. Section 76(a) supplemented that provision by authorising State rules governing the form, duplicate issue and fees relating to those certificates.

Current Law After 21 November 2025

The Occupational Safety, Health and Working Conditions Code, 2020 is now the principal central legislation consolidating occupational safety, health and working-condition laws covered by the Code. Section 143 expressly repeals the Factories Act, 1948 and also preserves specified actions, rules and instruments to the extent provided by its savings clauses.

Research note: For a matter arising before 21 November 2025, or for a rule, notification, order, proceeding or other action saved after repeal, the former Factories Act and the repeal-and-savings provisions may remain relevant. The applicable State rules and subsequent notifications should also be checked for the particular issue.

Official Sources

Read the official text of the Factories Act, 1948 on India Code. For the current framework, see the Occupational Safety, Health and Working Conditions Code, 2020 resources of the Ministry of Labour and Employment.

Last reviewed: 26 September 2026. This page is intended for general legal information and statutory research.