Night work (between 07 pm and 08 am) and overtime work is prohibited for children.
Dr. Nvin Kumar Koodamara
Faculty of Law and Management, Manipal Institute of Management
Manipal Academy of Higher Education, Manipal, Karnataka, Udupi.
Section 70 in The Factories Act, 1948
70. Effect of certificate of fitness granted to adolescent.
(1) An adolescent who has been granted a certificate of fitness to work in a factory as an adult under clause (b) of sub-section (2) of section 69, and who while at work in a factory carries a token giving reference to the certificate, shall be deemed to be an adult for all the purposes of Chapters VI and VIII. 1[***] 2[(1A) No female adolescent or a male adolescent who has not attained the age of seventeen years but who has been granted a certificate of fitness to work in a factory as an adult, shall be required or allowed to work in any factory except between 6 A.M. and 7 P.M.: Provided that the State Government may, by notification in the Official Gazette, in respect of any factory or group or class or description of factories,
(i) vary the limits laid down in this sub-section so, however, that no such section shall authorise the employment of any female adolescent between 10 P.M. and 5 A.M.;
(ii) grant exemption from the provisions of this sub-section in case of serious emergency where national interest is involved.]
(2) An adolescent who has not been granted a certificate of fitness to work in a factory as an adult under the aforesaid clause (b) shall, notwithstanding his age, be deemed to be a child for all the purposes of this Act.