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State of West Bengal - Section

Section 16 in The West Bengal Factories Rules, 1958

16. Duties of Certifying Surgeon.

(1)For purposes of the examination and certification of young persons who wish to obtain certificates 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)The Certifying Surgeon shall issue his certificates as nearly as possible in Form No. 4. The foil and counter-foil shall be filed in and the left thumb mark of the person 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, he shall sign the foil and initial the counter-foil and shall deliver the foil to the person in whose name certificate is granted. The foil so delivered shall be the certificate of fitness granted under section 69. All counter-foils shall be kept by the Certifying Surgeon for a period of at least 2 years after the issue of the certificate.
(3)The Certifying Surgeon shall, upon request by the Chief 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 nature of 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 which is likely to cause injury to their health.
(4)For the purposes of the examination of persons employed in process covered by the rules relating to dangerous operations, the Certifying Surgeon shall visit the factories within the local limits assigning to him at such intervals as are prescribed by the rules relating to such dangerous operations.
(5)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 which shall be kept in Form No. 17 by the factory manager and produced to the certifying Surgeon in each visit.
(6)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 the process at 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.
(7)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.
(8)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.
(9)[ If the examination of persons employed in process covered by the rules relating to dangerous operations cannot be carried out at the factory owing to the special nature of any examination that may be necessary, the manager of the factory shall arrange to send such persons to such place as may be required by the Certifying surgeon] [Vide Notification No. 100 L.W. dated 20th August 1964].