CO129-565-18 Factories and Workshops Ordinance 1937 1-10-1937 - 4-10-1937 — Page 10

5

Schedule.

Registration

of factories

and work-

shops.

(d) imposing obligations for securing compliance with the provisions of this Ordinance or of any by-law made thereunder upon persons who employ women, young persons or children in industrial undertakings and upon the agents and servants of such persons;

(e) defining the duties and powers of the Protector and the Inspectors;

(f) exempting any industrial undertaking from the operation of this Ordinance or any part thereof;

(g) prescribing the forms to be used in carrying out the provisions of this Ordinance both in respect of registration and otherwise;

(h) prescribing means of securing hygienic conditions in factories and workshops:

() prescribing means of preventing accidents in factories and workshops, and of relieving persons suffering from the effects of such accidents;

() requiring notifications to be made in relation to accidents occurring in factories and workshops;

(k) prescribing the precautions to be taken against fire and providing for means of escape from fire in factories and workshops:

(generally for the purpose of carrying into effect the provisions of this Ordinance.

(2) All by-laws made by the Urban Council shall be submitted to the Governor, and shall be subject to the approval of the Legislative Council.

(3) The by-laws in the Schedule shall be deemed to have been made under this Ordinance, and shall be in force until rescinded or amended by by-laws made under this Ordinance.

(1) It shall be lawful for the Protector in such cases as he shall think fit to exempt any industrial undertaking from any by-law under this Ordinance or to order the adoption of special precautions in addition to any precautions required by any by-law under this Ordinance: Provided that an appeal from any such order shall lie by way of petition to the Governor in Council whose decision shall be final.

6. (1) Every factory or workshop shall be registered annually at the office of the Protector.

(2) It shall be the duty of the Protector---

(a) to receive applications for the registration of factories and workshops;

(b) to issue certificates of registration of factories and workshops;

(c) to keep a register in the prescribed form of the factories and workshops in respect of which certificates of registration have been issued.

(3) The Protector shall have power to refuse any such application for registration, and to cancel any such certificate of registration: Provided that an appeal from any such refusal or cancellation shall lie by way of petition to the Governor in Council whose decision shall be final.

7. No factory or workshop shall be opened or used as such until it has been duly registered under this Ordinance.

Unregistered factory, etc., forbidden,

8.-(1) Every person who contravenes or attempts to Offences and contravene or fails to comply with any provision of this penalties. Ordinance or of any by-law made thereunder shall be guilty

of an offence against this Ordinance.

(2) The proprietor of every factory, workshop or industrial undertaking in respect of which any offence against this Ordinance has been committed shall on summary conviction be liable to a fine not exceeding two hundred and fifty dollars. (3) It shall be no defence to a prosecution of the pro- prietor of a factory, workshop or industrial undertaking for an offence under this section that the offence was committed without his knowledge or consent or that the actual offender has not been convicted of the offence.

9.-(1) Where the person convicted of an offence Liability of against this Ordinance is a company, the chairman and every

partners, etc. director and every office: concerned in the management of the company shall be guilty of the like offence unless he proves that the act or omission constituting the offence occurred without his knowledge or consent, and shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars

(2) Where the person convicted of an offence against this Ordinance is a firm, every partner in the firm and every person concerned in the management of the firm shall be guilty of the like offence unless he proves that the act or omission constituting the offence occurred without his knowledge or consent, and shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars.

10-(1) Any summons relating to an offence against Procedure. this Ordinance may be served by leaving a copy of the summons with some adult person at the factory, workshop or industrial undertaking mentioned in the summons.

(2) Any such summons may be addressed to the pro- prietor of a factory, workshop or industrial undertaking without specifying the name of the proprietor.

(3) If on the hearing of any such summons the offence is proved to the satisfaction of the magistrate, he may, in addition to any other power which he may possess, order that any fine imposed, if not duly paid, shall be recovered by distress and sale of the machinery, goods and chattels found in the factory, workshop or industrial undertaking in question, and the provisions of the Magistrates Ordinance, Ordinance 1932 shall apply in the case of such distress and sale as they No. 41 of apply to any distress and sale under that Ordinance.

11. In any prosecution under this Ordinance.-

(1) if it appears to the magistrate that any person who

is alleged in the charge to have been a young person or child at the date of the alleged offence was a young person or child at the said date, it shall, until the contrary is proved, be presumed that such person was a young person or child at the said date;

(2) if it appears to the magistrate that any young person or child who is alleged in the charge to have been under any particular age at the date of the alleged offence was under

1932.

Presump- tions.

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