Are you an occupier of a factory? Do you want to adhere to all the regulations for the employment of young persons under the Factories Act 1948?
If your answer to both of these questions is yes, then you are on the right page, as this page will tell you about the prime rule for the employment of young people as workers in your factory.
It is Central Form 5: Certificate of Fitness of the Factories Act, 1948, that is referred to here. This form will ensure that the young person is capable of working in your factory and in the role assigned to him, thereby making sure that his health and safety are secured.
To help you understand Central Form 5: Certificate of Fitness more, this article will cover the following topics:
- What is the Factories Act of 1948?
- Key Definitions in the Factories Act
- Purpose and Objectives of Factories Act, 1948
- Applicability of the Factories Act, 1948
- Approval, Licensing, and Registration of Factories
- Compliances as under the Factories Act of 1948
- Exemptions to the Factories Act, 1948
- Central Form 5: Certificate of Fitness
- FAQs related to Central Form 5: Certificate of Fitness
- How can Deskera Help You with Central Form 5?
- Key Takeaways
- Related Articles
What is the Factories Act of 1948?
The Factories Act of 1948 is an Indian law that regulates the working conditions in factories. It was enacted by the Indian Parliament in 1948 and came into force on April 1, 1949. The Act aims to ensure the health, safety, and welfare of workers employed in factories by imposing certain obligations on the employers.
The Act defines a "factory" as any premises in which ten or more workers are working, or were working on any day of the preceding twelve months, and in which a manufacturing process is being carried on with the aid of power or where twenty or more workers are working or were working on any day of the preceding twelve months, and in which a manufacturing process is being carried on without the aid of power.
The Act lays down provisions relating to the health, safety, and welfare of workers, including working hours, leave, overtime, holidays, employment of young persons and women, provision of canteens, first-aid, and welfare facilities. The Act also provides for the appointment of inspectors to ensure that the provisions of the Act are being complied with and for the punishment of those who contravene the provisions of the Act.
The Factories Act 1948 has been amended several times since its enactment to keep up with the changing needs of workers and the industrial sector.
Key Definitions in the Factories Act
- Factory- It means any premises including the precincts thereof—
(i) whereon ten or more workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or
(ii) whereon twenty or more workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on,— but does not include a mine subject to the operation of [the Mines Act, 1952 (35 of 1952)], or [a mobile unit belonging to the armed forces of the Union, railway running shed or a hotel, restaurant or eating place].
- Worker- It means a person [employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not], in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process [but does not include any member of the armed forces of the Union].
- Occupier of a Factory- It means the person who has ultimate control over the affairs of the factory. [Provided that— (i) in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier; (ii) in the case of a company, any one of the directors shall be deemed to be the occupier; (iii) in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the State Government or the local authority, as the case may be, shall be deemed to be the occupier].
Purpose and Objectives of Factories Act, 1948
The Factories Act of 1948 was enacted in India with the primary objective of regulating the working conditions in factories and ensuring the health, safety, and welfare of workers employed in factories. The Act has several purposes and objectives, which include:
- Regulating the working hours: The Act limits the working hours of the workers in the factories to 9 hours per day and 48 hours per week. It also provides for rest intervals and weekly holidays to ensure that workers have adequate time to rest and recuperate.
- Ensuring workplace safety: The Act imposes obligations on employers to maintain a safe working environment in the factory. Employers are required to provide adequate ventilation, lighting, and sanitation facilities and take measures to prevent accidents and minimize risks to the workers.
- Providing welfare measures: The Act lays down provisions for the provision of canteens, crèches, first-aid facilities, and other welfare measures to ensure the well-being of workers employed in the factories.
- Regulating the employment of young persons and women: The Act lays down provisions for regulating the employment of young persons and women in factories, such as restricting their working hours and prohibiting their employment in certain types of work that may be hazardous to their health.
- Ensuring compliance with the provisions of the Act: The Act provides for the appointment of inspectors to ensure that the provisions of the Act are being complied with by the employers. The inspectors have the power to enter the factory premises, inspect the records, and take action against the employers who violate the provisions of the Act.
Overall, the purpose and objectives of the Factories Act 1948 are to protect the interests of the workers employed in the factories and ensure that they work in a safe and healthy environment.
Applicability of the Factories Act, 1948
The Factories Act 1948 is applicable to all factories engaged in manufacturing processes where ten or more workers are employed on any day of the preceding twelve months with the aid of power or where twenty or more workers are employed on any day of the preceding twelve months without the aid of power.
The Act defines a "factory" as any premises that:
- Uses power and employs ten or more workers; or
- Does not use power and employs twenty or more workers.
The Act applies to all factories falling under this definition, regardless of whether they are owned by the government or private entities.
However, the Act also provides for certain exemptions and relaxations for certain types of factories, such as those engaged in seasonal manufacturing processes or those located in certain rural areas.
In addition, the Act is also applicable to certain processes carried out in factories, such as the use of hazardous substances or the manufacturing of certain types of machinery, even if the factory itself does not fall under the definition of a "factory" under the Act.
It is important to note that compliance with the provisions of the Factories Act 1948 is mandatory, and failure to comply with the provisions can result in penalties and legal action.
Approval, Licensing, and Registration of Factories
(1) The State Government may make rules—
(a) requiring, for the purposes of this Act, the submission of plans of any class or description of factories to the Chief Inspector or the State Government;
(aa)requiring the previous permission in writing of the State Government or the Chief Inspector to be obtained for the site on which the factory is to be situated and for the construction or extension of any factory or class or description of factories;
(b) requiring for the purpose of considering applications for such permission the submission of plans and specifications;
(c) prescribing the nature of such plans and specifications and by whom they shall be certified; (d) requiring the registration and licensing of factories or any class or description of factories, and prescribing the fees payable for such registration and licensing and for the renewal of licences;
(e) requiring that no licence shall be granted or renewed unless the notice specified in section 7 has been given.
(2) If on an application for permission referred to in clause (aa) of sub-section (1) accompanied by the plans and specifications required by the rules made under clause (b) of that sub-section, sent to the State Government or Chief Inspector by registered post, no order is communicated to the applicant within three months from the date on which it is so sent, the permission applied for in the said application shall be deemed to have been granted.
(3) Where a State Government or a Chief Inspector refuses to grant permission to the site, construction, or extension of a factory or to the registration and licensing of a factory, the applicant may, within thirty days of the date of such refusal appeal to the Central Government if the decision appealed from was of the State Government and to the State Government in any other case.
Compliances as under the Factories Act of 1948
- Form 1 - Application for permission to construct, extend or take into use any building as a factory
- Form 2 - Application for registration and grant of renewal of licence for the year
- Form 4 - Notice of change of Manager
- Form 5 - Certificate of fitness
- Form 9 - Register of workers employed for work on or near machinery in motion
- Form 14 - Register of Compensatory Holidays
- Form15 - Overtime Muster Roll for Exempted Workers
- Form 16 - Notice of periods of work for adult workers
- Form 17 - Register of adult workers
- Form 18 - Notice of periods of work for child workers
- Form 19 - Register of child workers
- Form 20 - Register of leave with wages
- Form 21 - Leave Book
- Form 24 - Health Register
- Form 25 - Report of accident or dangerous occurrence resulting in death or bodily injury
- Form 26 - Report of dangerous occurrence which does not result in death or bodily injury
- Form 29 - Annual Return
- Form 30 - Half-Yearly Return
- Form 31 - Muster Roll
- Form 32 - Register of accidents and dangerous occurrences
Exemptions to the Factories Act, 1948
The Factories Act of 1948 provides for certain exemptions and relaxations for certain types of factories, processes, and workers. Some of the exemptions are as follows:
- Small factories: The Act provides for an exemption to factories employing fewer than ten workers if they are not using power or fewer than twenty workers if they are using power.
- Seasonal factories: Factories engaged in seasonal manufacturing processes may be exempted from certain provisions of the Act, subject to the approval of the state government.
- Factories located in certain rural areas: The state government may exempt factories located in certain rural areas from certain provisions of the Act.
- Factories engaged in specific processes: Certain factories engaged in specific processes, such as khadi and village industries, or those manufacturing specific products, may be exempted from certain provisions of the Act, subject to the approval of the state government.
- Workers in managerial or administrative roles: Workers who hold managerial or administrative positions and have decision-making powers may be exempted from certain provisions of the Act, such as the provisions related to working hours, leave, and overtime.
It is important to note that the exemptions may vary from state to state, and the state government has the power to grant or withdraw such exemptions.
Also, the exemptions do not absolve the employers of their responsibility to ensure the safety, health, and welfare of workers employed in the factories. The employers must comply with the relevant provisions of the Act and ensure the safety and well-being of the workers.
Central Form 5: Certificate of Fitness
Central Form 5 is a Certificate of Fitness issued by a Certifying Surgeon under the Factories Act 1948. The purpose of this form is to certify that a worker is medically fit to perform the work for which they are employed in the factory.
As per the Factories Act 1948, the provisions related to Form 5 are as follows:
- Section 68: Non-adult workers to carry tokens.—A child who has completed his fourteenth year or an adolescent shall not be required or allowed to work in any factory unless—
(1) a certificate of fitness granted with reference to him under section 69 is in the custody of the manager of the factory, and
(2) such a child or adolescent carries while he is at work a token giving a reference to such certificate.
- Section 69: Certificate of Fitness
(1) A certifying surgeon shall, on the application of any young person or his parent or guardian accompanied by a document signed by the manager of a factory that such person will be employed therein if certified to be fit for work in a factory, or on the application of the manager of the factory in which any young person wishes to work, examine the such person and ascertain his fitness for work in a factory.
(2) The certifying surgeon, after examination, may grant to such young person, in the prescribed form, or may renew—
(a) a certificate of fitness to work in a factory as a child if he is satisfied that the young person has completed his fourteenth year, that he has attained the prescribed physical standards, and that he is fit for such work;
(b) a certificate of fitness to work in a factory as an adult if he is satisfied that the young person has completed his fifteenth year and is fit for a full day's work in a factory: Provided that unless the certifying surgeon has personal knowledge of the place where the young person proposes to work and of the manufacturing process in which he will be employed, he shall not grant or renew a certificate under this sub-section until he has examined such place.
(3) A certificate of fitness granted or renewed under sub-section (2)—
(a) shall be valid only for a period of twelve months from the date thereof:
(b) may be made subject to conditions in regard to the nature of the work in which the young person may be employed or requiring re-examination of the young person before the expiry of the period of twelve months.
(4) A certifying surgeon shall revoke any certificate granted or renewed under sub-section (2) if, in his opinion, the holder of it is no longer fit to work in the capacity stated therein in a factory.
(5) Where a certifying surgeon refuses to grant or renew a certificate or a certificate of the kind requested or revokes a certificate, he shall, if so requested by any person who could have applied for the certificate or the renewal thereof, state his reasons in writing for so doing.
(6) Where a certificate under this section with reference to any young person is granted or renewed subject to such conditions as are referred to in clause (b) of sub-section (3), the young person shall not be required or allowed to work in any factory except in accordance with those conditions.
(7) Any fee payable for a certificate under this section shall be paid by the occupier and shall not be recoverable from the young person, his parents, or his guardian.
- Section 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.
(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.
- Section 75: Power to Require Medical Examination
Where an Inspector is of opinion—
(1) that any person working in a factory without a certificate of fitness is a young person, or
(2) that a young person working in a factory with a certificate of fitness is no longer fit to work in the capacity stated therein,
he may serve on the manager of the factory a notice requiring that such person or young person, as the case may be, shall be examined by a certifying surgeon, and such person or young person shall not, if the Inspector so directs, be employed, or permitted to work, in any factory until he has been so examined and has been granted a certificate of fitness or a fresh certificate of fitness, as the case may be, under section 69, or has been certified by the certifying surgeon examining him not to be a young person.
- Section 76: Power to Make Rules
The State Government may make rules—
(1) 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;
(2) prescribing the physical standards to be attained by children and adolescents working in factories;
(3) regulating the procedure of certifying surgeons under this Chapter;
(4) 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.
- Section 98: Penalty for Using False Certificate of Fitness
Whoever knowingly uses or attempts to use, as a certificate of fitness granted to himself under section 70, a certificate granted to another person under that section, or who, having procured such a certificate, knowingly allows it to be used, or an attempt to use it to be made, by another person, shall be punishable with imprisonment for a term which may extend to [two months] or with fine which may extend to [one thousand rupees] or with both.
The examination for Form 5: Certificate of Fitness is conducted to ensure that the worker is physically and medically fit to perform the assigned work without endangering their health or safety.
After the medical examination, if the Certifying Surgeon is satisfied that the worker is fit for the assigned work, they issue a Certificate of Fitness in Form 5. The Certificate of Fitness includes details such as the name of the worker, their age, their address, and the date of examination, and certifies that the worker is fit for the assigned work.
The Certificate of Fitness must be kept in the prescribed form by the occupier of the factory and must be made available to the concerned authorities upon request. The Certificate of Fitness is valid for one year, after which the worker must undergo a fresh medical examination to renew the certificate.
It is important to note that compliance with the provisions related to medical examination and Certificate of Fitness is mandatory, and failure to comply with these provisions can result in penalties and legal action. The employers must ensure that their workers undergo the medical examination and obtain the Certificate of Fitness as required under the Act.
FORM 5
Prescribed under Rule 19(2)
CERTIFICATE OF FITNESS
1. (a) Serial Number : Serial Number :
(b) Date : Date :
2. Name of person Examined : I certify that I have personality examined (name) .........................
3. Father’s Name : son/daughter of ........... ............................
4. Sex : ...........................
5. Residence : residing at ...........…………………………..
6. Date of birth, if available : who is desirous of being employed in a factory, and/or certified age and that his/her age, as nearly as can be ascertained
or certified age my examination, is ........ years, and
7. Physical fitness : that he/she is fit for employment in factory as an
adult/child
8. descriptive marks : His /her descriptive marks are ......................
9. Reason for
(a) refusal of certificate
or.....……………
(b) certificate being....
Signature or left hand Thumb impression of the person examined :___________
Initials of Certifying Surgeon : ____________________________
Signature of Certifying Surgeon : ________________________
Note : In case of physical disability, the exact details of the cause of the physical disability should be clearly stated.
FAQs related to Central Form 5: Certificate of Fitness
- Who is required to obtain a Certificate of Fitness in Form 5 under the Factories Act 1948?
Every young person who wants to be employed in the factory as a worker and has completed his fourteenth year or wants to be employed as an adult and has completed his fifteenth year is required to obtain a Certificate of Fitness for Form 5.
- What is the purpose of the Certificate of Fitness in Form 5?
The purpose of the Certificate of Fitness is to certify that the worker is medically fit to perform the work assigned to them without endangering their health or safety.
- Who can issue a Certificate of Fitness in Form 5?
A Certifying Surgeon, who is appointed by the state government for the purpose, can issue a Certificate of Fitness in Form 5 after conducting a medical examination of the worker.
- What is the validity of the Certificate of Fitness in Form 5?
The Certificate of Fitness in Form 5 is valid for one year from the date of issue.
- Is the medical examination for the Certificate of Fitness free of cost for the workers?
Yes, the medical examination for the Certificate of Fitness is free of cost for the workers, and the employer is required to bear the cost.
- Can the employer ask the worker to pay for the medical examination?
No, the employer cannot ask the worker to pay for the medical examination for the Certificate of Fitness. It is the employer's responsibility to bear the cost.
- Can a worker work in a factory without a Certificate of Fitness?
No, a worker cannot be assigned to work in a factory without a valid Certificate of Fitness in Form 5.
- What happens if a worker fails the medical examination for the Certificate of Fitness?
If a worker fails the medical examination, the Certifying Surgeon will issue a certificate stating that the worker is unfit for the assigned work.
- What is the penalty for non-compliance with the provisions related to the Certificate of Fitness?
Non-compliance with the provisions related to the Certificate of Fitness can result in penalties and legal action against the employer. The penalties may vary depending on the nature and severity of the violation.
How can Deskera Help You with Central Form 5?
Deskera is a cloud-based business management software that provides various features to help manage different aspects of business operations, including compliance management.
Here are some ways that Deskera People can help with Form 5: Certificate of Fitness under the Factories Act, 1948:
- Record keeping: Deskera allows businesses to maintain a record of all compliance-related documents, including Form 5. You can store and organize your compliance documents securely in the cloud, making them easily accessible whenever you need them.
- Compliance calendar: Deskera's compliance calendar feature helps you track all the upcoming compliance-related deadlines, including Form 5. You can set up reminders and notifications to ensure that you don't miss any important deadlines.
- Compliance reporting: Deskera allows you to generate compliance reports that can help you assess your compliance status. You can quickly generate a report for Form 5 and analyze the data to identify areas for improvement.
- Collaboration: Deskera provides a collaborative platform that enables you to involve multiple stakeholders in compliance management. You can assign tasks to different team members, share documents, and communicate with them in real time.
Key Takeaways
Central Form 5, known as the Certificate of Fitness, is a compliance form under the Factories Act 1948.
As per the provisions related to this form and as mentioned in the Factories Act, 1948, the certifying surgeon may either issue this young person the certification in the format specified or renew it;
- If the employer is satisfied that the kid has reached the age of fourteen, has met the required physical criteria, and is capable of performing the job, the young person will be given a certificate of fitness to work in a factory as a child.
- If he determines that the minor has reached the age of fifteen and is capable of working a full day in a workplace, he will issue a certificate of fitness to work in a factory as an adult.
What needs to be noted here is that the certificate will only be valid for a year from the date of issuance.
Deskera People can help streamline your compliance management process and make it easier to comply with regulations such as the Factories Act 1948. By using Deskera People, you can ensure that your Form 5 is up-to-date and that you are meeting all the regulatory requirements and adhering to the deadlines.
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