Factories Act 89Chapter IX · Special Provisions
Section 89 · Notice of certain diseases
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(1) Where any worker in a factory contracts any disease specified in
1[the Third Schedule], the manager of the factory shall send notice thereof to such authorities, and in such
form and within such time, as may be prescribed.
(2) If any medical practitioner attends on a person who is or has been employed in a factory, and who is, or is believed by the medical practitioner to be, suffering from any disease specified in 1[the Third Schedule], the medical practitioner shall without delay send a report in writing to the office of the Chief Inspector stating--
(a) the name and full postal address of the patient,
(b) the disease from which he believes the patient to be suffering, and
(c) the name and address of the factory in which the patient is, or was last, employed.
(3) Where the report under sub-section (2) is confirmed to the satisfaction of the Chief Inspector, by the certificate of a certifying surgeon or otherwise, that the person is suffering from a disease specified in 1[the Third Schedule], he shall pay to the medical practitioner such fee as may be prescribed, and the fee so paid shall be recoverable as an arrear of land-revenue from the occupier of the factory in which the person contracted the disease.
(4) If any medical practitioner fails to comply with the provisions of sub-section (2), he shall be punishable with fine which may extend to 2[one thousand rupees].
3[(5) The Central Government may, by notification in the Official Gazette, add to or alter the Third Schedule and any such addition or alteration shall have effect as if it had been made by this Act.]
(2) If any medical practitioner attends on a person who is or has been employed in a factory, and who is, or is believed by the medical practitioner to be, suffering from any disease specified in 1[the Third Schedule], the medical practitioner shall without delay send a report in writing to the office of the Chief Inspector stating--
(a) the name and full postal address of the patient,
(b) the disease from which he believes the patient to be suffering, and
(c) the name and address of the factory in which the patient is, or was last, employed.
(3) Where the report under sub-section (2) is confirmed to the satisfaction of the Chief Inspector, by the certificate of a certifying surgeon or otherwise, that the person is suffering from a disease specified in 1[the Third Schedule], he shall pay to the medical practitioner such fee as may be prescribed, and the fee so paid shall be recoverable as an arrear of land-revenue from the occupier of the factory in which the person contracted the disease.
(4) If any medical practitioner fails to comply with the provisions of sub-section (2), he shall be punishable with fine which may extend to 2[one thousand rupees].
3[(5) The Central Government may, by notification in the Official Gazette, add to or alter the Third Schedule and any such addition or alteration shall have effect as if it had been made by this Act.]
The offence at a glance
- Punishment
- fine (no stated ceiling)
- Cognizable
- Non-cognizable
- Bailable
- Bailable
- Compoundable
- Not compoundable
- Triable by
- Any Magistrate
- Non-cognizable — Police cannot investigate without a Magistrate's order
- Bailable — Bail is your right — it can be granted at the police station
Derived from the First Schedule Part II rule — not listed section by section
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