Indrcstrial Conciliation and Arbitration Acts, 1961 to or any award, to be closed for business on any day and in respect of any exempted shop at the time when the exempted shop is required under the terms of any agreement under Part VIII of this Act to be closed for business on any day;. 34;'construction work'-Work in connection with the construction of a factory, shop, building or other place, being work which is done or to be done at or adjacent to the site of the factory, shop, building or other place; 34;Minister"--The Minister of Development and Industrial Affairs or other Minister of the Crown charged for the time being with the administration of this Act: The: term includes any person who for the time being performs the functions.
PART 11-ADMINISTRATION
The inspector may from time to time require the occupier of a factory or shop to file with the inspector, within such time as the inspector may determine, a copy of any record required by this section to be kept by the owner, or such number as the inspector may determine. Um any proceeding under or for the purposes of this Part against the occupier of a factory under or for the purposes of this Part against the occupier of a factory or shop any matter or thing which appears to be an employee or agent is presumed to be the occupier familiar with it.
Ssvhg of Acts. The provisions of this Part are in addition to and not in substitution for or derogation of the provisions of-
Unless otherwise indicated or provided, for the purpose of applying the provisions of this Part and Part VH to each building. In the case of other buildings under construction as mentioned above, such building or buildings as mentioned above shall, where appropriate, be deemed to fall within the term "factory" or the term "shop" depending on the purpose for which the same is to be used in construction. , and where appropriate the term "occupier" includes the owner, the builder (whether or not he employs any other person) and the contractor and any subcontractor or other person who employs persons in or in connection with the works of the structure . those premises and the persons so employed shall be deemed to be employed in or in connection with the activities of that factory or, as the case may be, that shop. (2) (a) The Governor in Council may from time to time by order in council declare that the application of this paragraph shall extend to and in respect of all or any buildings or other places in or in connection therewith. Without limiting the generality of the foregoing provisions of this Subsection, arrangements may be made in respect of all or any part of the matters and matters set out in the Second Schedule to this Act.
Any such appointment shall be made by notice published in the Government Gazette and may include any person whom the Governor in Council deems suitable to represent the persons appointed by him. If at any time the Governor is of the opinion that all the members of the Council are entitled to any allowances or allowances or emoluments and emoluments for their services, he may determine or, as the case may be, determine such allowances, or allowances. The Chairman chairs all meetings of the Council at which he is present.
46, 47 FACTORIES AWD SHOP, § ACT ii) any young person working his ordinary working hours .or any part of such ordinary working hours at any time between six o'clock in the evening of any day and six o'clock in the morning of the next day. The conditions imposed in connection with the grant of any such permit may differ from those imposed in connection with the grant of any other permit or permits, but all conditions shall in each case be set forth in the permit. PrshibiClion of emplopeat of cMdlrew h shops, A shop owner shall not employ any child h, or in connection with bur' 31l1ess. ii) that the person to whom the certificate relates is not prevented by illness or physical infirmity from working at the workplace for which the certificate is requested, during the days and hours currently permitted by law for work in the factory. or factories covered by the certificate and that it is not likely to adversely affect his health.
In addition to the penalty to which the user is liable as aforesaid, failure to produce such certificate when requested as aforesaid shall be deemed not to have such certificate. The occupier of a factory or shop shall, at the request of any person whose employment in the factory or shop, at the request of any person whose employment in the factory or shop, as the case may be, be terminated, either the owner or the worker, deliver to such person a certificate in the prescribed or similar form , in which the time during which this person was employed is correctly stated. i) is of the opinion that, due to illness or physical incapacity, the person is unable to work in the factory during the days and hours per day normally permitted by law for working in the factory; or ii) notwithstanding that he receives notice that any person employed in the factory is suffering from a communicable disease within the meaning of the "Health Acts, 1937 to 1959". The user may not employ as a guard in the store a person who is simultaneously employed as a salesperson or clerk in or in connection with the operations of this store or in or in connection with the operations of any other store in relation to which such user is also a user.
PART VIII-~OURS OP BUSINESS IN SHOPS
Provided that where all or any part of the opening hours or days of business or closure of shops are fixed by an order under Part VIIA of "The.Irrdustrial Conciliation and Arbitration Acts, 1961" or an award, either generally, either in special cases or on certain occasions, these shops shall be and remain closed, for the business activities carried on therein, and at and during the times and on subsequent days, in order to give effect and ensure compliance in all respects with the provisions of the Holidays Ads, 1912 to be observed in lieu of such public holiday), the Sovereign's Birthday and Boxing Day (or any day designated under "The Holidays Acts to be observed in lieu of such public holiday) , and the day designated under “The Holidays Acts;.
1912 to be observed as a holiday in relation to the annual agricultural, horticultural or industrial fair held at the capital or town, as specified in a current notice published in the Government Gazette pursuant to subsection two of section ten of "The Industrial Conciliation". and Arbitration Acts, 1932 to of the district specified in that notice and in which the shop is situated. Where the Minister is of the opinion that it is necessary to meet the needs of the public, he may order by notice, in the Gazette or by amendment of any agreement that one or more such shops in any Local Authority area or part of a Local Authority Area shall be kept open during such time as the Minister may determine after the closing hours observed or agreed upon in that Area or a Nomination referred to in this subsection, notwithstanding that the two or more persons making the nomination in actual occupation of more exempt shops than one is, be made of one and the same person in respect of all those exempt shops.
Power ts m&e replla~om, The power to make regulla~om under this Act shall include power to make replations prescibing either
No person shall obstruct or obstruct or attempt to obstruct or obstruct any inspector in the exercise of his powers conferred by this section. In any case where, in the opinion of the Inspector, any provision of this Act imposing any requirement as to safety, health or welfare has not been or is not being complied with, whether by the owner, occupier, builder or person in charge of factories or shops or of any building, premises or other place to be used as a factory or shop, or of any building or other place in respect of which a World Order is in force under section thirty-seven of this Act, the Inspector may to such owner, occupier, builder or issues a notice to the responsible person. require in writing that the person to whom the notice was given comply with such request within the time specified in the notice. If any person who has been finally convicted of the offense of disobeying this order continues under this Act to comply with the lawful order of an inspector under this Act, that person shall be deemed to have committed a continuing offense and shall be liable to a fine of not more than ten dollars for each day during which this offense continues.
Proceedings for violations of this Act are by complaint filed with the Minister ( 4 1 ~ the authority of the Chief Inspector and must be heard and decided summarily by an industrial judge. Prosecutions may be brought for violations of this Act). at any time wifi for twelve months after the 6: ssion of 0bt" ence. State Education Acts, 1875 to B957'99 exist for the child not attending school shall, when adduced in evidence, be evidence of the matter contained in the document, and in the absence of evidence to the contrary, shall be conclusive evidence of such case.
Without limiting the generality of the foregoing provisions of this section, regulations or rules or both may be made for or with respect to any person. To prescribe in relation to all or any part of the matters and matters referred to in clause one of this Schedule what shall and shall not be suitable, effective or sufficient; and providing, where deemed necessary or desirable, provision and maintenance.
FACTOWES AND SHOPS ACT 1960-1983
