Q-4: Discusses the power of inspector and certifying surgeon under the factory act?
Under Section 10 of the act inspector or inspecting staffs are officers appointed by the Provincial Government by notification in the official gazette to act in such capacity. Every District Magistrate is an inspector for his district. The Provincial Government may also appoint additional inspectors. A person shall not be appointed as inspector or shall continue to hold such office if he is directly or indirectly interested in a factory or in process or business carried on therein or in any patent or machinery connected there with.
Each inspector shall be assigned certain local limits within which he shall function.
The powers of an inspector are:
- Enter any premises, which are used as a factory or by the existing circumstances can be deemed a factory,
- Make necessary examination of premises, plants, prescribed registers,
- Take on the spot or otherwise such evidence of any person as may be necessary,
- Exercise such other powers as may be necessary for the purposes of the Act.
The duties of an inspector are:
a) Operate within the assigned local limits. [Sec. 10(1)]
b) Act as subordinate to specified authority. [Sec. 10(7))
c) Prohibit the employment of any person. [Sec. 33]
d) Direct the manager to prevent admission of a child who cannot be lawfully employed. [Sec. 33M]
e) Direct that the muster roll or register maintained by a factory be treated as register of adult workers. [Sec. 41]
The Provincial Government may appoint any person as a chief inspector. The Chief Inspector in addition to the powers conferred on him shall exercise the powers of an inspector throughout the Province. Every chief inspector shall be a public servant and be subordinate to such authority as the Provincial Government may specify.
Certifying surgeons are medical officers appointed by the Provincial Government, whose duty is to issue certificates to persons desirous of being employed in a factory situated within the limits for which they are appointed, or on the application of parent or guardian of such persons, or of the manager of such factory in which such person desirous to be employed after examination. This certificate is to be given in a prescribed form stating the age as nearly as cart be ascertained by examination and that the person is fit for such employment.