Section 10 of Chapter II: The Inspecting Staff under the Indian Factories Act, 1948, which outlines the appointment, eligibility, restrictions, duties, and qualifications of Certifying Surgeons.
Key Summary & Breakdown
1. Appointment & Jurisdiction
- Authority: The State Government holds the authority to appoint qualified medical practitioners as certifying surgeons.
- Scope: They are assigned to specific geographical limits, particular factories, or specific categories/classes of factories.
2. Delegation of Powers
- A certifying surgeon can authorize another qualified medical practitioner to exercise their powers, subject to approval and conditions set by the State Government.
- Any authorized practitioner in this context is legally treated with the same references as a certifying surgeon.
3. Conflict of Interest & Restrictions
- Disqualifications: A person cannot be appointed or continue as a certifying surgeon if they:
- Are the occupier (owner/manager) of the factory.
- Have a direct or indirect financial/business interest in the factory, its patents, or machinery.
- Are directly employed by the factory.
- Exemption Clause: The State Government reserves the right to issue written orders exempting certain persons or classes of persons from these disqualification rules.
4. Duties of a Certifying Surgeon
Certifying surgeons are tasked with carrying out duties related to:
- Young Persons: Examination and certification of young individuals working under the Act.
- Dangerous Operations: Medical examination of workers engaged in hazardous occupations or dangerous manufacturing processes.
- Medical Supervision: Overseeing health and safety in cases where:
- Illnesses occur that are believed to be caused by the nature of the manufacturing process or working conditions.
- Changes in materials, substances, or processes create a likelihood of injury to workers’ health.
- Young persons are performing work likely to cause injury to their health.
5. Definition of Qualified Medical Practitioner
- A qualified medical practitioner is defined as someone holding a recognized qualification listed in the Schedule to the Indian Medical Degrees Act, 1916 or the Indian Medical Council Act, 1933.
