Section 99 of the Factories Act 1948 - Penalty for Permitting Double Employment of Child

Section 99 of the Factories Act, 1948 historically imposed a penalty where a child worked in one factory on a day on which the child had already worked in another factory. The provision formed part of Chapter X of the Act dealing with penalties and procedure.

Current legal status The Factories Act, 1948 is no longer the current central statutory framework. The Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025. Section 143 of that Code repealed the Factories Act, 1948, subject to the statutory savings provisions. Section 99 is therefore reproduced below for historical and reference purposes and should not be treated as the current penalty provision.

Historical text of Section 99

Section 99 - Penalty for permitting double employment of child

If a child works in a factory on any day on which he has already been working in another factory, the parent or guardian of the child or the person having custody of or control over him or obtaining any direct benefit from his wages, shall be punishable with fine which may extend to one thousand rupees, unless it appears to the Court that the child so worked without the consent or connivance of such parent, guardian or person.

Historical amendment note: the Factories (Amendment) Act, 1987 substituted "one thousand rupees" for "fifty rupees" with effect from 1 December 1987.

What Section 99 meant

The provision addressed double employment of a child in factories on the same day. Liability could extend to a parent, guardian, person having custody or control of the child, or a person obtaining a direct benefit from the child's wages. The statutory exception applied where the Court found that the child had worked without that person's consent or connivance.

Related historical restriction under Section 71

Section 71(4) of the Factories Act, 1948 prohibited requiring or allowing a child to work in a factory on a day on which the child had already been working in another factory. Section 99 supplied a specific historical penalty directed at the parent, guardian or other person described in that provision.

Current law after repeal of the Factories Act

The Occupational Safety, Health and Working Conditions Code, 2020 is now the central law consolidating workplace safety, health and working-condition legislation that included the Factories Act. The Code defines an "adolescent" by reference to the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 and contains provisions concerning medical examination and certification of adolescents for specified employment.

For child employment generally, Section 3 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 provides that no child shall be employed or permitted to work in any occupation or process, subject to the limited statutory exceptions stated in that section. Section 3A separately prohibits employment of adolescents in hazardous occupations and processes specified in the Schedule, subject to the Act.

Current penalties under the Child and Adolescent Labour Act

Section 14 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 provides, among other things, that a person who employs a child or permits a child to work in contravention of Section 3 may face imprisonment for not less than six months and up to two years, or a fine of not less than Rs. 20,000 and up to Rs. 50,000, or both. The Act contains separate rules concerning liability of parents or guardians and repeat offences.

Important: Section 99 of the repealed Factories Act should not be used as the present-day statement of the penalty for unlawful child employment. Current liability must be determined under the laws presently in force, including the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 and, where applicable, the Occupational Safety, Health and Working Conditions Code, 2020 and relevant rules.

Key points

Official legal resources