329
6th February, 1936
THE PALESTINE GAZETTE
134
THE PALESTINE GAZETTE
6th February, 1986
NOTICE
The following DRAFT ORDINANCE is made public prior to enactment in accordance with Article 17 (1) (d) of the Palestine Order-in-Council. 1922, us amended by Article 3 of the Palestine (Amendment) Order-in-Council, 1923.
30th January, 1986.
(J/359/81)
DRAFT
T. L. HODGKIN
Clerk to the Advisory Council.
AN ORDINANCE RELATING TO THE EMPLOYMENT OF WOMEN AND CHILDREN.
BE IT ENACTED by the High Commissioner for Palestine, with the advice of the Advisory Council thereof :—
Short title.
Interpretation.
1. This Ordinance may be cited as the Employment of Women and Children Ordinance, 1936.
2. In this Ordinance :-
“Child" means a person under the age of sixteen years: Prov- ided that where the age of any person is in doubt, an official birth certificate or the certificate of a Government Officer of Health shall be conclusive evidence of the age of such person.
"Family" means the spouse and children of the person whose family is referred to.
"Woman" means any person of the female sex of the age of sixteen years or over.
Industrial undertaking" means :——
(a) mines, quarries and other works for the extraction of
minerals from the earth or from the sea;
(b) industries in which articles are
manufactured. altered,
cleaned, repaired, ornamented, finished, adapted for sale, broken up or demolished or in which materials are trans- formed; including ship-building, and the generation, trans- formation and transmission of electricity and motive power of any kind;
(c) construction, reconstruction, maintenance. repair. altera- tion or demolition of any building. railway, tramway, har- hour, dock, pier, canal, inland waterway, road, tunnel. bridge, viaduct, sewer, drain, well. telegraphic or telephonic installation, electrical undertaking, gas work, waterwork or other work of construction, as well as the preparation for or laying the foundations of any such work or structure; (d) transport of passengers or goods by road or rail or inland waterway. including the handling of goods at docks. quays. wharves and warehouses, involving the use of machinery. but excluding transport by hand, animal or bicycle:
Provided that "industrial undertaking" shall not include any undertaking in which only the members of the family of the proprietor of the undertaking are employed.
"Undertaking" includes industrial undertaking, shops, hotels, restaurants and places of public entertainment, but does not include:----
(a) any agricultural operation, or
(b) any undertaking in which only the members of the family
of the proprietor of the undertaking are employed
"Places of public entertainment" means places of public enter- tainment within the meaning of the Public Entertainment Ordinance. 1935.
"Inspector" means any person appointed by the High Com- missioner to be an inspector for the purpose of this Ordinance.
3. The High Commissioner-in-Council may make rules gener- ally for the purpose of carrying into effect the provisions of this Ordinance and without prejudice to the generality of the power hereby conferred upon him, may make rules :-
(a) declaring what trades and occupations are to be deemed to be dangerous trades or occupations for the purpose of this Ordinance:
(b) prescribing the ages under which children are not to be
employed in particular trades or occupations:
(c) prescribing the conditions under which women and child-
ren may be employed in any undertaking;
(d) imposing obligations upon persons who employ children in
any undertaking;
(e) exempting any undertaking from the operation of this
Ordinance or any part thereof;
(f) declaring a compulsory half-day holiday generally or in any specific area either in respect of all trades or in respect of any particular trade:
(g) prescribing either generally in respect of all trades or in respect of any specific trade minimum conditions of health and sanitation;
U preventing over-crowding in any premises in which any
trade is carried on;
( providing for the proper ventilation of any premises in
which any trade is carried on:
Provided that until varied or revoked by any such rules, the rules contained in the schedule to this Ordinance shall be in force.
It shall be lawful for any Inspector :—
(a) to enter and search any place in which he may have reason to believe that any woman or child is being employed con- trary to the provisions of this Ordinance, and
(b) to seize anything which he may find in such place which may appear to be evidence of any offence under this Ordi-
nance, and
(c) to direct that any child employed in such place shall be medically examined and that such child shall not be re- employed in the same capacity until passed fit for employ- ment.
(2) (a) Every person who employs or has employed any child or woman in any undertaking and every servant of such em- ployer shall on demand give to any Inspector all information in his possession with reference to the labour conditions and treatment of any child or woman employed by such employer. (b) Every parent or guardian of a child employed in any under- taking shall on demand give to any Inspector all information in his possession with reference to the age of such child.
5. In any prosecution under this Ordinance, if it appears to the Court that any person who is alleged to have been a child or a child under a particular age at the date of the offence was a child
Power of High Commissioner- in-Council to make rules.
Powers of Laspector.
Presumption of
age.
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