2
Repeal of section 16,
3.
Section 16 of the principal Ordinance is repealed.
Amendment of section 30,
4. Section 50(3) of the principal Ordinance is amended by deleting paragraph (2).
Albersdient of section 63.
Annelement of DECLÉON 72.
5. Section 63(5) of the principal Ordinance is amended by deleting "or 47(1)" and substituting the following-
“. 47(1), TZA(1), (2) or (3) or 72B(a) or (b)". 6. Section 72 of the principal Ordinance is amended-
(a) in subsection (1)—–
I J
O by deleting the full stop at the end and substituting a semicolon, and
1
(i) by adding, after paragraph CX the following
"(ɗ) examine, either alone or in the presence of any other person, as he thinks fit, respecting matters under this Ordinance, any person whom he finds in any industrial undertaking within the meaning of the Factories and Industrial Undertakings Ordinance, of whom he has reasonable cause to believe has been within the preced- ing 2 months employed in any industrial undertaking within the meaning "of the Factories and Industrial Undertakings Ordinance, or require any such person to be so examined and to sign a declaration of the truth of the matters respecting which he has been so examined; (e) require any person who employs or has employed any
woman, young person or child in an industrial under taking within the meaning of the Factories and Industrial Undertakings Ordinance or any agent or servant of any such employer to give to him all information in the passession of such person, agent or servant with reference to such woman, young person or child and to the labour conditions and treatment of every woman, young person or child employed by such employer:
(A) require the posting up. in such place and manner and for such period as he may direct, of any notice or form ju connexion with the provisions of this Ordinance;
(g) exercise any other powers which may be conferred og him by any regulations made under this Ordinance."; and
(5) by adding, after subsection (2), the following-
*(3) An officer exercising any power conferred on him by subsection (1) in relation to any industrial undertaking within the meaning of the Factories and Industrial Undertakings Ordinance may take with him any person whom he may reasonably need to assist him in carrying out his duties under this Ordinance and in particular may, for his assistance, take persons who bave been engaged by the Commissioner, on account of their special expertise, to advise the Labour Department on any matters necessary for carrying out the purposes of this Ordinance.
(4) A person who accompanies an officer pursuant to subsection (3)
(a) may give to the officer such assistanco in the exercise of any power conferred on him by subsection (1) as the officer may reasonably require;
3
(6) shall be deemed to be a public officer for the
purposes of sections 72A and 72B.".
7. The principal Ordinance is amended by adding, after section 72, Addition of the following
*Duty of public officers doc 10 discione maurer of comolulat, clc.
Employme
101 to be Derracina), eup by ranch of fact that
qilayne
has even evidence in proceedings order Oraleance, ed.
Presupaloną
72A. (1) Save with the consent of the person who has made the complaint or as provided in subsection (4), no public officer shall disclose to any person, other than another public officer in the course of official duty, the name or identity of any person who has made a complaint alleging a contravention of this Ordinance or as a result of which a contravention of this Ordinance has come to his notice or to the notice of any other public officer.
(2) No public officer shall disclose to an employer or his agent or servant that a visit to the place of employment maintained by that employer was made in consequence of the receipt of any such complaint as is referred to in sub- section (1)
(3) Save as provided in subsection (4). where, arising out of or in connexion with, the enforcement of this Ordinance, any manufacturing or commercial secret or any working process comes to the knowledge of a public officer, such officer shall not at any time, and notwithstanding that he is no longer a public officer, disclose such secret or process to any person.
(4) Where in any proceedings a court or a magistrate considers that justice so requires, the court may order the disclosure of the name or identity of any person who has made any such complaint as is referred to în subsection (1) or the disclosure of any such secret or process as is referred 10 in subsection (3).
728. No employer shall terminale, or threaten to terminate, the employment of, or in any way discriminate against, any of his employees by reason of the fact that the employee has-
(a) given evidence, or agreed to give evidence, in any proceeding for the enforcement of this Ordinance; or (5) given information to a public officer in any inquiry
made by such officer for the purposes of or in connexion with the enforcement of this Ordinance.
720. In any prosecution under this Ordinance— (a) where the age of any person at any time is material for the purposes of any provision of this Ordinance, his age at the material time shall be deemed to be or have been that which appears to the court of magistrate, after considering any available evidence, to be or to have been his age at that time;
(b) if the charge alleges the contravention of any of the provisions of this Ordinance prohibiting or controlling the employment of women, Young persona or children and the defendant In such prosecution is the employer at the place of em- ployment in or in respect of which the offence is alleged to have been committed, it shall, until the contrary is proved, be presumed that any woman, young person or child to whom the charge rolates
mea peçlama TA, 723 and 736.