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State of Rajasthan - Section

Section 9 in The Rajasthan Silicosis Rules, 1955

9. Medical Examination.

(1)
(a)Any applicant desiring to work in any of the industries specified in Schedule 'A' after these rules have come into force, shall submit himself to a medical examination by an examiner before whom he shall cause to appear by the employer.
(b)The examiner shall make such examination (including stethoscope examination) of the applicant, as will enable him to fill in correctly the initial certificate in Form 'C' that he is free from any disease of the lungs and respiratory organs and is in other respect physically fit for the work for which a certificate is sought.
(c)Such certificate shall be transmitted to the applicant and shall be valid for a period not exceeding five years.
(d)After the initial examination, every workman shall be brought before an examiner by the employer for medical examination at intervals of not more than five years over a period not exceeding ten years, and thereafter at two yearly intervals.
(e)After every examination subsequent to the initial examination a certificate in Form 'D' stating that the workman is not suffering from Silicosis or a certificate in Form 'D' (a) 'stating that the workman is suffering from Silicosis and in what stage, shall be issued and it shall be duty of the employer to inform the workman of the contents thereof.'
(2)
(a)Every workman who is already in service at the time when these rules come into force, if he desires to become eligible for the benefits under these rules, shall be duly medically examined by an examiner before whom he will be caused to appear by the employer and if found suffering from Silicosis as defined in Rule 4 he shall be entitled to compensation as provided for in the Act.
(b)If it is found not possible for such workman to be present for initial examination and if he is not examined on the day he presents himself, his name shall be entered in a register maintained for such a purpose and he shall be deemed to have complied with the rules, provided that he reports himself for examination without delay, on being notified subsequently by the employer of a date and hour on which the examination will be carried out. Failure on the part of the workman thus notified to present himself for examination without sufficient cause shall render him ineligible for compensation and shall release the employer from all obligation under these rules should the workman at any other date present himself for examination and be found to be suffering from Silicosis.