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Section 98 of the Factories Act 1948: Penalty for Using a False Certificate of Fitness

Section 98 of the Factories Act, 1948 created an offence where a person knowingly used, attempted to use, or permitted another person to use a certificate of fitness issued under Section 70 to somebody else. The provision is now of historical and transitional relevance because the Factories Act, 1948 was repealed when the Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025.

Current legal status: The Occupational Safety, Health and Working Conditions Code, 2020 was brought into force on 21 November 2025 by S.O. 5321(E). Section 143 of that Code repeals the Factories Act, 1948, subject to the repeal and savings provisions. For current compliance, the OSHWC Code, applicable rules, regulations and valid saved instruments should therefore be checked. Section 98 of the old Factories Act remains relevant when examining matters arising under the earlier law and the effect of statutory savings.

Text and meaning of former Section 98

Former Section 98 - Penalty for using false certificate of fitness: A person committed the offence if he knowingly used or attempted to use, as though it were his own certificate under Section 70, a certificate granted to another person; the section also covered a person who had obtained such a certificate and knowingly allowed another person to use or attempt to use it.

The essential feature was knowledge. The provision targeted deliberate misuse of another person's fitness certificate rather than an innocent mistake. It covered both the person who knowingly misused another person's certificate and the certificate holder who knowingly permitted that misuse.

Punishment under former Section 98

Under Section 98 of the Factories Act, 1948, the punishment could extend to two months of imprisonment, or a fine up to Rs. 1,000, or both. These limits reflected amendments that took effect from 1 December 1987.

What was a certificate of fitness under Section 70?

Section 70 dealt with the legal effect of a certificate of fitness granted to an adolescent. In the former statutory scheme, an adolescent holding the required certificate of fitness to work in a factory as an adult, and carrying the prescribed token referring to that certificate while at work, could be treated as an adult for specified purposes of the Act. The certificate itself was connected with the medical examination and certification provisions governing young persons.

Elements of the former Section 98 offence

There had to be a certificate of fitness of the kind contemplated by Section 70.
The certificate used or attempted to be used had been granted to another person.
The use or attempted use had to be knowing.
A certificate holder could also attract the provision by knowingly allowing another person to use or attempt to use the certificate.

Law after 21 November 2025

The Occupational Safety, Health and Working Conditions Code, 2020 now supplies the central statutory framework in this field. Its Section 98 is different from former Section 98 of the Factories Act: current Section 98 deals with punishment for falsification of records, etc. It covers specified conduct involving false records, counterfeit or false statements, declarations, evidence, plans, returns, notices, records or reports connected with compliance under the Code.

Under Section 98(1) of the OSHWC Code, the prescribed punishment for the covered falsification offences may extend to three months of imprisonment, or a fine up to Rs. 1 lakh, or both. Section 98(2) provides enhanced punishment for a subsequent conviction under the same provision.

Why the old provision can still matter

Repeal does not automatically make every earlier event legally irrelevant. Section 143 of the OSHWC Code contains repeal and savings provisions. Questions concerning an offence, liability, proceeding, certificate, rule, order or action originating under the former law should therefore be examined with reference to the relevant date, the savings clause, applicable rules and the facts of the case.

Official legal sources

For authoritative statutory text and commencement material, refer to the official sources linked in the sidebar. The current Code, the Gazette commencement notification and any applicable Central or State rules should be checked before relying on an older Factories Act provision for present compliance.

Note: This article is a general legal reference. State-specific rules, saved rules and later notifications may affect a particular establishment or proceeding.