(1) A Certifying Surgeon shall, on an application of a person registered as 31 of 1959.
63 of 1948.
Obligation of ocupier to employ persons registered as physically handicapped in factory.
Conditions for employment of physically handicapped persons.
Certificate of fitness.
1982 : Guj. 6] Gujarat Physically Handicapped Persons (Employment in Factories) Act, 1982.
5 of 7 physically handicapped accompanied by a document signed by the manager of a factory that such person will be employed therein if certified to be fit for work in the factory or on an application of the manager of the factory in which the person registered as physically handicapped wishes to work, examine such person and ascertain his fitness for work in a factory.
(2) A Certifying Surgeon after examination may grant to the persons registered as physically handicapped a certificate of fitness to work in the prescribed form :
Provided that the Certifying Surgeon shall not grant certificate under this sub-section unless he has personal knowledge of the place where the person registered as physically handicapped person is to be employed and of the manufacturing process in which he is to be employed,
(3) A Certifying Surgeon may revoke any certificate granted under subsection (2) if in his opinion the holder of it is no longer fit to work in the capacity stated therein in a factory.
(4) Any fee payable for the certificate under this section shall be paid by the occupier and shall not be recovered from the person registered as physically handicapped.
6. Every occupier to whom section 3 applies shall maintain a record in such form, as may be prescribed, of particulars showing the number of persons employed by him, the number of persons registered as physically handicapped employed by him and the names of such persons and such other particulars as may be prescribed.
7. Subject to any rules made by the State Government, in this behalf, an Inspector may, within the local limits for which he is appointed-
(a) enter at all reasonable times, accompanied with such persons in the service of the Government as he thinks fit, any place which is used or which he has reason to believe is used as a factory;
(b) make such examination of records and take on the spot or otherwise evidence of any person as he may deem necessary, for carrying out the purposes of this Act; and
(c) exercise such otter powers as may be prescribed, for carrying out the purposes of this Act:
Provided that no one shall be required under this section to answer any question or to give any evidence tending to incriminate himself.
8. Every occupier and in his absence the manager shall on demand produce for inspection by an Inspector all records required to be kept under and for the purposes of this Act.
9. If any occupier or manager-
(a) fails to employ under section 3 persons registered as physically handicapped; or
(b) contravenes provisions of section 4 ; or
(c) fails to maintain records required under section 6; or
(d) wilfully obstructs an Inspector in the exercise of his powers or discharge of his duties under this Act or fails to produce for inspection on demand by an Inspector any record maintained in pursuance of the provisions of this Act or Records to be maintained by occupier.
Powers and duties of Inspectors.
Occupier and manager to produce records, etc., for inspection.
Offences by occupier or manager.
[1982 : Guj. 6 Gujarat Physically Handicapped Persons (Employment in Factories) Act, 1982.
the rules made thereunder or to supply to him on demand true copies of any such records, he shall be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.
10. Whoever knowingly uses or attempts to use as a certificate of fitness granted to himself under section 5, a certificate granted to another person under that section or who, having procured such a certificate, knowingly allows it to be used or an attempt to use it to be made, by another person, shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to one hundred rupees or with both.
11. No Court shall take cognisance of any offence under this Act, except on a complaint by, or with the previous sanction in writing of, an Inspector.
12. No suit or other proceeding shall lie against the State Government or any officer or employee of the State Government for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.