(1)For the purpose of the examination and certification of young persons who wish to obtain certificate 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 arrangements to the managers of factories situated within the local limits assigned to him.(2)(a)Every Certifying Surgeon shall keep bound books containing certificates in Form no.5 respectively in foil and counterfoil. In each book the form shall be numbered consecutively and shall be printed on cloth-backed paper. The foil and counterfoil shall be filled in and the left thumb mark of the person or his signature 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, the Certifying Surgeon 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 in a book shall be preserved by the Certifying Surgeon for a period of at least two years after the issue of the last certificate in that book.(b)A Certifying Surgeon revoking a certificate under sub-section (4) of Section 69 shall write the word "Revoked" in red ink on the foil and counterfoil.(3)Any authority granted by a Certifying Surgeon under sub-section (2) of Section 10 to a qualified medical practitioner (hereinafter referred to as the Examining Surgeon) to exercise the powers of the Certifying Surgeon under the Act shall be made in writing and shall state the factories or area to which the jurisdiction of the Examining Surgeon is limited, and any cancellation of such authority shall be made by the Certifying Surgeon in writing.(4)An examining Surgeon shall grant and revoke certificate in the manner provided in sub-rule (2). The word "Provisional" shall be printed or stamped in red ink at the top of each foil and counterfoil.(5)(a)A person who loses a certificate of fitness which has been granted to him may apply to the Surgeon who granted it for a copy of the certificate and the said Surgeon after making such enquiry from such person's employer (or if such person is unemployed, from his last employer) and from such other sources, as he deems fit, may grant a duplicate of the lost certificate. The word "Duplicate" shall be clearly written in red ink across such duplicate certificate and initialled by the said Surgeon. The counterfoil in the bound book of forms shall be similarly marked "Duplicate" and initialled.(b)For every copy of a duplicate certificate granted under clause (a), a fee of fifty Naye Paise shall be charged, which shall be credited to Government. The Certifying Surgeon or Examining Surgeon shall maintain a register in Form no. 26 of all fees paid for the issue of duplicate certificates and shall initial each entry therein.(c)No duplicate of certificate shall be granted to any person otherwise than in accordance with the provisions of this sub-rule.(6)(a)The Certifying Surgeon shall visit every factory within the local limits for which he is appointed in which adolescents or children are known to be employed, atleast once in three months. At each of these visits the manager shall produce before him all adolescents and children employed in the factory, whether actually at work or not.(b)The Certifying Surgeon shall personally examine every adolescent and child who is in possession of a "Provisional" certificate granted under sub-rule (4) and shall, if satisfied that a certificate of fitness should be granted, destroy the provisional certificate and issue his own certificate of fitness in place of it.(c)If on such examination the Certifying Surgeon is of opinion that a person in possession of a child's provisional certificate of fitness is under the age of fourteen years or is not fit for employment as a child in a factory, or that a person in possession of an adult's provisional certificate of fitness is less than 15 years of age or is unfit to work as an adult, he shall impound the certificate, write on it the word "Cancelled" and sign the same and shall forward the certificate with such remarks, if any, as he may offer to the Inspector of Factories for information, and inform the Examining Surgeon who granted such provisional certificate.(7)If the Certifying Surgeon refuses to grant any person a certificate of fitness, or if he cancels a "Provisional Certificate" of fitness, no fresh application for a certificate for such person shall be entertained until after the lapse of three months from the date of such refusal, unless the Certifying Surgeon otherwise gives permission in writing at the time of refusing to grant the certificate or at the time of cancelling a 'Provisional Certificate':Provided that this sub-rule shall not prevent the immediate granting of a certificate of fitness as a child to a person whose certificate of fitness as an adult has been revoked under clause (c) of sub-rule (6), if in the opinion of the Certifying Surgeon such person is of age and fit to work in a factory as a child.(8)The Certifying Surgeon or the Examining Surgeon, as the case may be, at his periodical visits shall satisfy himself as to the fitness of all the adolescents and children employed in the factory and shall revoke the certificate of fitness of any whom he deems to be unfit.(9)The Certifying Surgeon and the Examining Surgeon shall hand over to the manager a note in Form no. 27 detailing the result of each visit to the factory.(10)The Certifying Surgeon shall, upon request by the Chief Inspector or an 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 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.(11)For the purpose of the examination of persons employed in processes 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.(12)At such visits the Certifying Surgeon shall examine the persons employed in such processes and shall record the results of his examination in a register known as the Health Register (Form no. 16) which shall be kept by the factory manager and produced to the Certifying Surgeon at each visit.(13)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.(14)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.(15)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.(16)[ Any register or record of medical examination and tests therewith required to be carried out under any of the schedule, annexed to rule 95 in respect of any worker shall be kept available and shall be preserved till the expiry of one year after the worker ceases to be in employment of the factory.] [Inserted by S.O. 686 dated 13.7.1988.]
