Chapter – II
INSPECTING STAFF
17.
Qualifications of an Inspector
19. Duties of Certifying Surgeon
Rule prescribed under sub-section
(I) of Section 8
17.
Qualifications of an
Inspector
No person shall be appointed as an
Inspector for the purpose of the Act unless he possesses
the qualifications as hereunder :
(a) he must
not be less than 23 years or more than 35 years of age
(b)
he must have -
(i)
had a good general
education up to the pre-degree standard of a recognized university
(ii)
secured a
degree, to diploma equivalent to a degree of a recognized
university, in any branch of engineering, technology or medicine and preferably
with practical experience of atleast two years in a workshop or a manufacturing
concern of good standing and in the case of Medical Inspector an experience of
at least two years in public hospital or factory medical department or
alternatively a diploma in Industrial Medicine and
(c) where
for a particular post special knowledge, to deal
with special problems, is required,
the Government may, in addition to the basic qualifications, prescribe
appropriate qualification for such
a post.
Rules prescribed under Section 9
An Inspector shall, for the purpose of
the execution of the Act, have power to do all or any of
the following things, that is to say
(a) to
photograph any worker, to inspect, examine, measure, copy,
photograph, sketch or test, as the case may be,
any building test, any building or room,
any plant, machinery, appliance
or apparatus, any register or
document, or anything provided for the purpose
of securing the health, safety or
welfare of the workers employed in a factory
(b) in the case
of an Inspector who is duly qualified medical
practitioner, to carry such medical examinations
as may be necessary for the purposes of his
duties under the Act; and
(c) to prosecute, conduct or
defend before a Court any complaint or other
proceeding arising under the Act or in
discharge of his duties as an Inspector.
Rules prescribed under Sub-Section (4) of section 10
19.
Duties of Certifying
Surgeon
(1)
For the purpose of
examination and certification of young persons who wish to obtain certificates
of fitness, the Certifying Surgeon shall arrange a suitable time and place for
the attendance of such persons, and shall give previous notice in writing of
such arrangement to the manager of factories situated within the local limit
assigned to him.
(2) The
Certifying Surgeon shall issue his certificates
in Form. The foil and counterfoil shall be filled in and the
signature or the left thumb impression of
the person in whose name the
certificate is granted shall be taken
on them. On being satisfied as to the
correctness of the entries
made therein and of the fitness of the person
examined, he shall sign the foil and initial the
counterfoil and shall deliver the foil to the
person in whose name the certificate is granted.
The foil so delivered shall be
the certificate of fitness granted under
section 69. All counterfoils shall be kept by the
Certifying Surgeon for a period of at least 2 years after the issue
of the certificate.
(3) The
Certifying Surgeon shall, upon request by
the Chief Inspector, carry out such examination and
furnish him with such report as he may
indicate, for any factory or class or description
of factories where :-
(a) cases
of illness have occurred which it is
reasonable to believe are due to the nature of the
manufacturing process carried on, or other conditions of work
prevailing therein; or
(b) by
reason of any change in the
manufacturing process carried on, or in the substances used
therein, or by reason of the adoption of any new
manufacturing process or of any new
substance for use in a manufacturing process,
there is a likelihood of injury to
the health of workers employed in that
manufacturing process; or (c) young persons
are, or are about to be, employed in any work
which is likely to cause injury to their health.
(4) For
the purpose of the examination of persons employed in processing
covered by the rules relating to
dangerous operations, the Certifying Surgeon shall visit the
factories within the local limits assigned to him at such
intervals as are prescribed by the rules
relating to such dangerous operations.
(5) At such visits, the
Certifying Surgeon after examining a worker,
shall issue a Certificate of Fitness in Form........
The record of examination and re-examinations
carried out shall be kept in the custody of
the manager of the factory. The record
of each examination carried
out under sub-paragraphs (1) and (2),
including the nature and the results of the tests, shall also
be entered by the Certifying Surgeon in a health
register in Form 6.
(6) If the Certifying Surgeon
finds, as a result of
his examination that any person employed in such process
is no longer fit for medical reasons to work in that
process, he shall suspend such
person from working in that process
for such time as he may think fit and no
person after suspension shall be
employed in that process without the written
sanction of the Certifying surgeon in the health
register.
(7) The
manager of a factory shall afford to
the Certifying Surgeon facilities to inspect
any process in which any person
is employed or is likely to be employed.
(8) The
manager of a factory shall provide for the purpose of any
medical examination which the Certifying
Surgeon wishes to conduct at the factory (for his exclusive use
on the occasion of an examination) a room which
shall be properly cleaned and adequately
ventilated and lighted and furnished
with a screen, a table (with
writing materials) and chairs.
