The document discusses the role and responsibilities of a Certifying Surgeon under the Factories Act of 1948 in India. A Certifying Surgeon is a qualified medical practitioner appointed by the state government to examine and certify the fitness of young and adult workers employed in factories. The duties of a Certifying Surgeon include examining young and adult workers, exercising medical supervision of workers, and certifying their fitness for employment in factories through medical certificates.
The document discusses the role and responsibilities of a Certifying Surgeon under the Factories Act of 1948 in India. A Certifying Surgeon is a qualified medical practitioner appointed by the state government to examine and certify the fitness of young and adult workers employed in factories. The duties of a Certifying Surgeon include examining young and adult workers, exercising medical supervision of workers, and certifying their fitness for employment in factories through medical certificates.
The document discusses the role and responsibilities of a Certifying Surgeon under the Factories Act of 1948 in India. A Certifying Surgeon is a qualified medical practitioner appointed by the state government to examine and certify the fitness of young and adult workers employed in factories. The duties of a Certifying Surgeon include examining young and adult workers, exercising medical supervision of workers, and certifying their fitness for employment in factories through medical certificates.
SURGEON CERTIFYING SURGEON UNDER FACTORIES ACT 1948 A FACTORY
A factory is a place where some manufacturing
processes are carried out with the involvement of man, machine, material and money. The four inputs combined together, processed and some output is arrived. For example, in a textile factory, raw cottons are processed by man and machine together and clothes are produced. CERTIFYING SURGEON
A Certifying Surgeon is an important part of
the legal corridor of a factory, because he is a certified medical practitioner who certifies the fitness of workers of a factory. MEANING AND DEFINITION OF CERTIFYING SURGEON A certifying surgeon is a practicing medical surgeon who has many responsibilities under the provisions of the Factories Act, 1948. He provides certificates of fitness to the young or adult workers which declare them to be fit and fine for the factory work. A factory may involve some hazardous processes and other dangerous occupation wherein all sorts of workers may not be fit for such work. So, a certifying surgeon has to take special scrutiny of the fitness of the workers. As per the provision of Section 10(1) of the Factories act, 1948, the State Government may appoint qualified medical practitioners to be certifying surgeons for the purposes of this Act within such local limits or for such factory or class or description of factories as it may assign to them respectively. QUALIFICATION OF A CERTIFYING SURGEON Section 10 enumerates some qualifications of a surgeon to be as a certifying surgeon. (i) He is appointed by the state government concerned and he must be a qualified medical practitioner. (ii) The certifying surgeon has to work within the local limits of such factory or class or description as it may assign to them respectively. (iii) The certifying surgeon may delegate his powers to any qualified medical practitioner if such is permitted by the state government. (iv) A certifying surgeon is disqualified to continue as a certifying surgeon if he becomes an occupier of the factory, or he acquires any direct or indirect interest in the factory or in any patent or machine of the factory, or he becomes an employee of the factory. DUTIES OF A CERTIFYING SURGEON
Section 10(4) provides for various duties of a
certifying surgeon. They are discussed below in a simple language as below: (i) A certifying surgeon has a duty to examine the young persons employed or to be employed in a factory. (ii) He is dutybound to examine the persons engaged in any dangerous occupation or processes in the factory (iii) He has to exercise medical supervision when there are cases illness which might have been occurred due to the nature of manufacturing processes or the working condition of the factory. (iv) He is also dutybound exercise medical supervision when there is change of any manufacturing processes or adoption of new manufacturing processes or any substances used therein which is likely to cause injury to the health of the workers. (v) He has the duty to exercise medical exercise when young persons are, or are about to be, employed in any work which is likely to cause injury to their health. POWERS/PROCEDURE TO GRANT CERTIFICATE Section 69 of the Factories Act, 1948 lays the provisions under which he may grant a certificate of fitness to the young workers. He may exercise his discretionary powers while granting or renewing such certificates. The procedure is discussed below: (i) The certifying surgeon may examine the fitness of a young person. The application may be made by the young person himself or by his parents or guardian accompanied by a document to be signed by the manager of the factory. He may also examine a young person’s fitness if requested by the manager of the factory. (ii) After examination, the certificate of fitness has to be granted or renewed in a prescribed form. He certifies the applicant as a child if the applicant attains the age of fourteen, in his consideration and the applicant is fit for such work. He can certify the applicant as adult if the applicant has attained the age of fifteen, in his consideration and the applicant is physically fit for full day’s work. (iii) The certificate so granted or renewed shall have a validity of twelve months and may be subjected to such conditions which are to be ascertained according to the nature of the work. (iv) The certifying surgeon may refuse to grant or revoke such granted or renewed certificate when he believes that the person is no more fit for work. He shall be obliged to inform the reason for such refusal or revocation in writing on request of the applicant. (v) On grant or renewal of certificate, the young person shall not be required or allowed to work in any factory except according to the condition of the certificate. (vi) The fee of certificate or examination is to be paid by the occupier but not by the young person.