Who are Certifying Surgeon, Duties and Powers, Surgeon under the Factories Act, 1948

CERTIFYING SURGEON UNDER FACTORIES ACT 1948

Who are Certifying Surgeons under the Factories Act, 1948; The Duties and Powers of Certifying Surgeon; Meaning and Definition; Full Note on Certifying Surgeon.

CONTENT

• Introduction
• Meaning Of Certifying Surgeon
• Definition Of Certifying Surgeon
• Qualification of Certifying Surgeon
• Duties of a Certifying Surgeon
• Power to Grant Certificate
• CONCLUSION

INTRODUCTION

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.

As per section 2(m) of the Factories Act, 1948, (m) “factory” 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 2[the Mines Act, 1952 (35 of 1952) or a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place.

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.

CONCLUSION

The state government may make certain rules for the matters related to certifying surgeon under the provisions of Section 76. The state government may prescribe a certain format to grant or renew the certificate of fitness. There is also provision for issue of duplicate certificate in case of loss of the original. The state government may fix the physical standards to be acquired by children or adolescents. The state government may prescribe the rules and procedure through which the certificate of fitness may be granted or renewed. The state government may even determine the fee to be charged for this purpose.

ALSO CHECK NOTES OF 
Health,Safety,Welfare Provision Under Indian Factories Act ,1948 Notes

CHIEF INSPECTOR AND INSPECTOR UNDER THE MINES ACT 1952