Section 10 of the Factories Act, 1948 - Certifying Surgeons
Section 10 of the Factories Act, 1948 provides for certifying surgeons, their appointment and authorization, safeguards their independence from factory interests, and assigns medical examination and supervision duties intended to protect workers and young persons.
What is a certifying surgeon under Section 10?
A certifying surgeon is a qualified medical practitioner appointed by the State Government for purposes assigned under the Factories Act, 1948. The appointment may operate within specified local limits or for a particular factory, class of factories or description of factories.
The provision also permits a certifying surgeon, with State Government approval, to authorize another qualified medical practitioner to exercise powers under the Act for a specified period and subject to conditions imposed by the State Government.
Section 10 - statutory provision
(1) The State Government may appoint qualified medical practitioners to be certifying surgeons for the purposes of this Act within such local limits or for such factory or class or description of factories as it may assign to them respectively.
(2) A certifying surgeon may, with the approval of the State Government, authorise any qualified medical practitioner to exercise any of his powers under this Act for such period as the certifying surgeon may specify and subject to such conditions as the State Government may think fit to impose, and references in this Act to a certifying surgeon shall be deemed to include references to any qualified medical practitioner when so authorised.
(3) A person who is the occupier of a factory, is directly or indirectly interested in the factory or its process or business, has an interest in relevant process or machinery, or is otherwise employed by the factory cannot ordinarily be appointed or continue as a certifying surgeon or authorized practitioner. The State Government may, by written order and subject to specified conditions, exempt a person or class of persons from this restriction for a factory or class or description of factories.
(4) The certifying surgeon must perform prescribed duties relating to:
- examination and certification of young persons under the Act;
- examination of persons engaged in factories in prescribed dangerous occupations or processes; and
- prescribed medical supervision where work conditions, manufacturing processes, substances used, changes in processes, or employment of young persons create specified health concerns or risks.
Independence and conflict-of-interest rule
Section 10(3) is designed to preserve the independence of medical certification and supervision. As a general rule, a person connected with the ownership, employment, business, processes or machinery of the factory cannot act as its certifying surgeon. The statutory proviso gives the State Government a limited power to grant a written exemption subject to conditions.
Duties of a certifying surgeon
Examination and certification of young persons
Section 10(4)(a) connects the certifying surgeon with the statutory system governing examination and certification of young persons employed or proposed to be employed in factories.
Dangerous occupations and processes
Under Section 10(4)(b), prescribed medical examination may be required for persons working in dangerous occupations or processes. The details depend on the applicable rules and prescribed requirements.
Medical supervision
Section 10(4)(c) permits prescribed medical supervision where illness may be attributable to manufacturing processes or working conditions, where changes in processes or substances create a likelihood of injury to health, or where young persons undertake work likely to harm their health.
Meaning of qualified medical practitioner
The Explanation printed with Section 10 historically defines a "qualified medical practitioner" by reference to medical qualifications under earlier medical legislation. The official India Code text also carries a note referring readers to the Indian Medical Council Act, 1956. That 1956 Act was later repealed by the National Medical Commission Act, 2019, subject to its savings and transitional provisions. Accordingly, the historical wording of Section 10 should be read together with the later statutory framework governing recognition and registration of medical qualifications.
Practical significance of Section 10
Section 10 combines occupational-health oversight with an independence requirement. It enables the State Government to designate medical professionals for statutory factory functions while reducing conflicts of interest and ensuring medical attention to young workers and workers exposed to prescribed health risks.
Note: State rules and notifications may prescribe additional procedures, forms, examinations and medical-supervision requirements. The applicable State rules should therefore be checked for factory-specific compliance.