(1) A certifying surgeon shall, on the application of any young person or his parent or guardian accompanied by a document signed by the manager of a factory that such person will be employed therein if certified to be fit for work in a factory, or on the application of the manager of the factory in which any young person wishes to work, examine such person and ascertain his fitness for work in a factory.
(2) The certifying surgeon, after examination, may grant to such young person, in the prescribed form, or may renew—
(a) a certificate of fitness to work in a factory as a child, if he is satisfied that the young person has completed his fourteenth year, that he has attained the prescribed physical standards and that he is fit for such work;
(b) a certificate of fitness to work in a factory as an adult, if he is satisfied that the young person has completed his fifteenth year, and is fit for a full day’s work in a factory.
Provided that unless the certifying surgeon has personal knowledge of the place where the young person proposes to work and of the manufacturing process in which he will be employed, he shall not grant renew a certificate under this sub-section until he has examined such place.
(3) A certificate of fitness granted or renewed under sub-section (2)— (a) shall be valid only for a period of twelve months from the date thereof;
(b) may be made subject to conditions in regard to the nature of the work in which the young person may be employed, or requiring re-examination of the young person before the expiry of the period of twelve months.
(4) A certifying surgeon shall revoke any certificate granted or renewed under sub-section (2) if in his opinion the holder of it is no longer fit to work in the capacity stated therein in a factory.
(5) Where a certifying surgeon refuses to grant or renew a certificate or a certificate of the kind requested or revokes a certificate, he shall, if so requested by any person who could have applied for the certificate or the renewal thereof, state his reasons in writing for so doing.
(6) Where a certificate under this section with reference to any young person is granted or renewed subject to such conditions as are referred to in clause (b) of sub-section (3), the young person shall not be required or allowed to work in any factory except in accordance with those conditions.
(7) Any fee payable for a certificate under this section shall be paid by the occupier and shall not recoverable from the young person, his parents or guardian.
(1) An adolescent who has been granted a certificate of fitness to work in a factory as an adult under clause (b) of sub-section (2) of section 69, and who while at work in a factory carries a token giving reference to the certificate, shall be deemed to be an adult for all the purposes of Chapters VI and VII.
(1A) No female adolescent or a male adolescent who has not attained the age of seventeen years but who has been granted a certificate of fitness to work in a factory as an adult, shall be required or allowed to work in any factory except between 6 A.M. and 7 P.M:
Provided that the State Government may, by notification in the Official Gazette, in respect of any factory or group or class or description of factories,
(i) very the limits laid down in this sub-section so, however, that no such section shall authorise the employment of any female adolescent between 10 P.M. and 5 A.M.
(ii) grant exemption from the provision of this sub-section in case of serious emergency where national interest is involved.
(2) An adolescent who has not been granted a certificate of fitness to work in a factory as an adult under the aforesaid clause (b) shall, notwithstanding his age, be deemed to be a child for all the purposes of this Act.
(1) Workers employed in a “Hazardous Process” shall be medically examined by a qualified medical practitioner hereinafter referred to as Factory Medical Officer, in the following manner-
(a) Once before employment to ascertain physical fitness of person to do the particular job.
(b) Once in a period of 6 months, to ascertain the health status of all the worker in respect of occupational health hazards to which they are exposed; and in cases where in the opinion of the Factory Medical Officer it is necessary to do so at a shorter internal in respect of any worker;
(c) The detail of per-employment and periodical medical examinations carried out as aforesaid shall be recorded in the Health Register in Form 28.
(d) The occupier of every factory manufacturing Asbestos or its ancillary products shall maintain and keep maintaining Health Record of every worker in prescribed Form No.28 upto a minimum period of 40 years from the beginning of employment or 15 years after retirement or cessation of employment whichever is later;
(2) No person shall be employed for the first time without a certificate of Fitness in Form 33 granted by the Factory Medical Officer. If the Factory Medical Officer declares a person unfit for being employed in any process covered under Sub-Rule (1), such a person shall have the right to appeal to the Inspector who shall refer the matter to the Certifying Surgeon whose opinion shall be final in this regard. If the Inspector himself is also a Certifying Surgeon, he may dispose of the application himself.
(3) Any findings of the Factory Medical Officer revealing any abnormality or unsuitability of any person employed in the process shall immediately be reported to the Certifying Surgeon who shall in turn, examine the concerned worker and communicate his findings to the occupier within 30 days. If the Certifying Surgeon is of the opinion that the worker so examined is required to be taken away from the process for health protection, he will direct the occupier accordingly who shall not employ the said worker in the same process. However, the worker so taken away be provided with alternate placement unless he is in the opinion of the Certifying Surgeon fully incapacitated in which case the worker affected shall be suitable rehabilitated.
(4) A certifying surgeon on his own motion or on a reference from an Inspector may conduct medical examination of a worker to ascertain the suitability of his employment in a hazardous process or for ascertaining his health status. The opinion of the Certifying Surgeon in such a case shall be final. The fee required for the medical examination shall be paid by the occupier.
(5) The worker taken away from employment in any process under sub-rules (2) may be employed again in the same process only after obtaining the Fitness Certificate from the Certifying Surgeon and after making entries to that effect in the Health Register.
(6) The worker required to undergo medical examination under these rules and for any medical survey conducted by or in behalf of the Central or the State Government shall not refuse to undergo such medical examination.
