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State of Madhya Pradesh - Section

Section 19 in The M.P. Factories Rules, 1962

19. 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 in Form No. 5 to be supplied by the Chief Inspector. The foil and counter-foil shall be filled 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 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 counter-foils shall be kept by the certifying surgeon for a period of at least two years after the issue of the certificate.
(3)When a person to whom a certificate of fitness under Section 69 has been granted looses such certificate, he may apply to the certifying surgeon for a copy of the same. The certifying surgeon after making enquiries from such person's employer (or if unemployed from such persons's last employer) or from such other sources as he may deem fit, may grant him a duplicate thereof. The word "Duplicate" shall be clearly written in red ink across such certificate and initialled by the certifying surgeon. The counter-foil in the bound book of forms shall be similarly marked "duplicate" and initialled.
(4)Every registered medical practitioner authorised under sub-section (2) of Section 10 to exercise the powers of a certifying surgeon shall grant a certificate, in the manner provided in the rules, the word "Provisional" being printed or stamped in red ink at the top of each foil and counter-foil of the certificate.
(5)A certifying surgeon revoking a certificate under Section 69 (4) shall cause the word "Revoked" to be stamped in red ink on the foil and counterfoil thereof.
(6)[(a) A fee, as may be specified by State Government by order from time to time, shall be payable to the certifying surgeon for issue of every certificate of fitness under the rules.
(b)The certifying surgeon shall credit all or the part of, as may be specified by State Government by order from time to time, the collection of fees made under this rule in the Government treasury at the end of each quarter under the revenue head-
"0230-Labour and Employment
(104)-Fees realised under the Factories Act, 1948]
(7)The certifying surgeon shall, upon request by the Chief Inspector carry out such examination and furnish him with such reports 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 a manufacturing process carried on, or in the substances used therein, or by reason of the adoptation of any new manufacturing process or of any new substance for use in a manufacturing process there is 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 in likely to cause injury to their health.
(8)For the purposes 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.
(9)[ At such visits certifying surgeon after examining a worker shall record the result of his examinations in a register known as the health register, in Form 21 appended to these rules including the nature and the results of the tests carried thereat. This health register shall be kept in the custody of the factory manager and produced to the Certifying Surgeon at such visit or to the Inspector whenever required.] [Substituted by Notification No. 4(a) 4-91-16B, dated 6-4-1995.]
(10)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 written sanction of the certifying surgeon in the Health Register.
(11)The manager of a factory shall afford to certifying surgeon facilities to inspect any process in which any person is employed or is likely to be employed.
(12)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 material) and chairs.