Section 70 of FA, 1948 : Section 70: Effect Of Certificate Of Fitness Granted To Adolescent

Explanation using Example

Imagine a factory that employs adolescents for certain tasks. A 16-year-old named Rohan has been medically certified to work as an adult based on his fitness levels. He carries a token referencing this certification while at work. According to Section 70(1) of the Factories Act, 1948, Rohan is treated as an adult under the law for work hours and safety measures, as applicable in Chapter VI and VIII of the Act.

However, despite his certification, Rohan cannot work beyond 7 P.M. because he is still under 17 years of age. The factory must ensure that his work hours are scheduled between 6 A.M. and 7 P.M. as per Section 70(1A). The only exception to this rule would be if the State Government issues a special notification allowing a change in work hours for specific factories, but even then, Rohan, being a male adolescent, cannot work past 10 P.M.

On the other hand, if there is another adolescent worker named Aisha who is also 16 but has not been granted a certificate of fitness to work as an adult, she will be considered a child for all the Act's purposes. This means she is subject to the restrictions and protections designed for child workers under the Factories Act.