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Question

Which of the following is not provided under the Factories Act, 1948 ?

The correct answer is
The certificate of fitness granted or renewed remains valid for a period of six months from the date of issue.

Factories Act Provisions: Certificate of Fitness

The question asks to identify the statement that is not a provision under the Factories Act, 1948, concerning the certificate of fitness for young persons.

Understanding Certificate of Fitness Rules

The Factories Act, 1948, includes regulations for the employment of adolescents and young persons, which involves a mandatory 'certificate of fitness'. Let's analyze the options:

  • Option A: This statement aligns with Section 10 of the Act, which empowers a certifying surgeon to grant a certificate of fitness upon application for any young person or their guardian.
  • Option B: This is a provision under the Act. An adolescent lacking a valid certificate of fitness is treated as a 'child' for the purposes of the Act, ensuring protective measures apply. This is consistent with the Act's intent to safeguard young workers.
  • Option D: The Act implies that the responsibility for ensuring a worker has a certificate of fitness lies with the occupier. Consequently, any fees associated with obtaining or renewing this certificate are typically borne by the occupier, not the young person or their parents/guardians.
  • Option C: This statement claims the certificate is valid for six months. However, Section 10(3) of the Factories Act, 1948, explicitly states that a certificate of fitness remains valid for a period of twelve months from the date of its issue. Therefore, the statement specifying a six-month validity period is factually incorrect according to the Act.

Since the question asks for what is not provided, and the Act specifies a twelve-month validity, the statement about a six-month validity (Option C) is the one not provided by the Factories Act, 1948.

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Important Questions from Commercial Law

  1. Mark the incorrect statements about the circumstances in which Limited Liability Partnership (LLP) may be
    wound up by the tribunal
    A. Where for a period of more than three months the number of partners is reduced to below two
    B. If the LLP has acted against the interest of the sovereignty and integrity of India
    C. If the LLP has made a default in filing with the Registrar the statement of account and solvency or
    Annual Return for any two consecutive financial years
    D. If LLP is unable to pay its debts
    Choose the correct answer from the options given below:
  2. Which of the following is NOT correct about the nature of limited liability partnership?
  3. Employee's Provident Funds and Miscellaneous Provisions Act, 1952 includes:

    A. The Employee's Provident Fund Scheme
    B. The Employee's Pension Scheme
    C. The Employee's State Insurance Scheme
    D. The Employee's Deposit Linked Insurance Scheme

    Choose the correct answer from the options given below:
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