Chapter – II
Rule prescribed under sub-section (I) of Section 8
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.
(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.