CO129-565-18 Factories and Workshops Ordinance 1937 1-10-1937 - 4-10-1937 — Page 9

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Protector, Inspectors and their powers.

1 Edw. 7,

c. 22,

3. 119.

installation, electrical undertaking, gaswork, waterwork, or other work of construction, as well as the preparation for or laying the foundations of any such work or structure;

(e) transport of passengers or goods by road or rail, or inland waterway, including the handling of goods at docks, quays, wharves, and warehouses, and the carriage of coal and building material and debris;

but does not include any agricultural operation.

(6) "Inspector" means any person appointed by the Governor to be an Inspector or Assistant Inspector of Labour, Factories and Workshops for the purposes of this Ordinance.

(7) "Proprietor" in relation to any factory, workshop or industrial undertaking includes the person for the time being having the management or control or receiving the profits of the business carried on in such factory, workshop or industrial undertaking and includes a body corporate and a firm and also the occupier of any factory, workshop or industrial undertaking and the agent of such occupier.

(8) "Protector" means the Chairman of the Urban Council or any person appointed by the Governor to be Protector of Labour for the purposes of this Ordinance, and includes a Deputy Protector and any Assistant Protector of Labour.

(9) "Workshop" means any premises or place other than a factory wherein or within the close or curtilage or precincts of which any manual labour is exercised by way of trade or for purposes of gain in or incidental to making any article or part of any article, or altering, repairing, ornamenting or finishing or adapting for sale any article, provided that at least 20 persons are employed in manual labour in the said premises or in the close, curtilage and precincts thereof.

(10) "Young person" means any person of or over the age of 14 years and under the age of 18 years.

3.-(1) It shall be lawful for the Governor to appoint a Protector of Labour, a Deputy Protector of Labour, Assistant Protectors of Labour and Inspectors and Assistant Inspectors of Labour, Factories and Workshops.

(2) The Protector and every Inspector shall have the following powers :-

(a) to enter, inspect and examine at all reasonable times, by day and night, any place or premises in which he knows or has reasonable cause to believe that an industrial under- taking is carried on.

(b) to take with him in any such case any person whom he may reasonably need to assist him in carrying out his duties under this Ordinance;

(c) to require the production of any register or other document required to be kept under this Ordinance or any by-law made thereunder and to inspect, examine and copy the same;

(d) to make such examination and inquiry as may be necessary to ascertain whether the requirements of this Ordinance or any by-law made thereunder are complied with, and to seize any thing which may appear to be evidence of an offence against this Ordinance;

any

(e) to examine, either alone or in the

presence of other person, as he thinks fit, with respect to matters under this Ordinance, every person whom he finds in any industrial undertaking to which the by-laws made under this Ordinance for the time being apply, or whom he has reasonable cause to believe has been within the preceding two months employed in any such industrial undertaking, and to require every such person to be so examined and to sign a declaration of the truth of the matters respecting which he has been so examined;

(f) any other powers which may be conferred by any by-law made under this Ordinance or which may be necessary for carrying this Ordinance into effect.

(3) No person shall obstruct or delay the Protector or any Inspector in the exercise of any of his powers under this Ordinance.

(4) Every person who employs or has employed any woman, young person or child in an industrial undertaking and every agent and servant of any such employer shall on demand give to the Protector or to any Inspector all informa- tion in his possession with reference to such woman, young person or child and all information in his possession with reference to the labour conditions and treatment of every woman, young person or child employed by such employer.

(5) The Protector or any Inspector may remove and detain for inquiries in a place of refuge appointed under any Ordinance for the time being in force relating to women, young persons or children any young person or

child whom he finds in any place in or in respect of which he has reasonable cause to suspect that an offence against this Ordinance has been committed.

(6) The powers conferred by this Ordinance on the Protector and Inspectors shall be in addition to and not in substitution for any other powers which they may possess.

authority to

No. 15 of

4. Any select committee of the Urban Council, any Special health officer, any European Fire Brigade officer with the inspect, ef. written authority of the Chief Officer of the Fire Brigade and Ordinance any officer specially authorised by the Protector and subject 1935, s. 10. to such directions as he may impose, may at any time enter and inspect any factory or workshop for the purpose of ascertaining whether the requirements of this Ordinance or of any by-law made thereunder are complied with, and the proprietor of every factory and workshop shall furnish the means required for such entry and inspection.

5.-(1) It shall be lawful for the Urban Council to make By-laws. by-laws in respect of industrial undertakings for the following purposes:-

(a) declaring trades, processes and occupations to be dangerous trades for the purposes of this Ordinance;

(b) prohibiting the employment of or modifying or limit- ing the employment of all persons or any class of persons in dangerous trades;

(c) prohibiting the employment of or modifying or limiting the employment of women, young persons and children in industrial undertakings, and requiring registers to be kept of women, young persons and children employed in industrial undertakings.

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