Factories and Shops Act of 1896 (NSW)

No. XXXVII.

1. This Act shall come in to force on the first day of J a n u a r y , one thousand e ight hundred and ninety-seven (hereinafter referred to as t h e

A n Act to m a k e provision for t h e supervision and regula t ion of Factor ies , Bakehouses , Laundr ies , Dye-works, and Shops ; for the l imi ta t ion in cer ta in cases of the hours of work ing t h e r e i n ; to extend the liability of employers for injuries suffered by employees in cer ta in cases ; and for o ther

purposes . [16th November, 1896.]

BE it enacted by t h e Queen ' s Most Exce l l en t Majesty , by and wi th t h e advice and consent of t h e Legislat ive Council and Legisla­ t ive Assembly of N e w Sou th "Wales in Pa r l i amen t assembled, and by

t h e au thor i ty of t he same, as fo l lows:—

t h e commencemen t of t he A c t ) , and m a y be cited as t h e " F a c t o r i e s

and Shops A c t of 1890." I t is divided into seven Par t s , embracing'

the following 1 subjects, t h a t is to say :—

P A R T	I .—Appo in tmen t s—Reg i s t ra t ion	and	inspection.
P A R T	I I .—Records .
P A R T	I I I . — S a n i t a r y	arrangements,	&C.

P A R T IV.—Fenc ing of machinery—Protection from fire.

P A R T V . — A g e s of persons employed and certificates.

P A R T	V I . — S h o p s .
P A R T	VII .—Misce l laneous .

2. I n this Act , unless the context requires ano ther mean ing ,—

" Chi ld" means any person under t he age of four teen years.
" E m p l o y e e " means any person in the employment of an occupier.

Any person who works in a factory or shop, whe the r lor wages or not, at any k ind of work whatever , shall be deemed to be an employee and to be employed wi th in t h e m e a n i n g of this .Act.

" F a c t o r y " m e a n s —

(a)	any office, building, or place in which four or more persons are engaged directly or indirect ly in work ing a t any handicraft , or in p repa r ing or m a n u f a c t u r i n g art icles for t rade or sale ; and includes bakehouses, laundries , and dye- works in which four or more persons are engaged ; bu t does not include any bui ld ing or place in which the persons engaged in work ing are shown to t he satisfaction of the Minister to be all members of one family, and in which s team or other mechanica l power is not used ;
(b)	any office, building, or place in which Chinese are so
engaged ; and
(c)	any place or building where steam or other mechanical
power or appl iance is used in m a n u f a c t u r i n g goods or

pack ing t h e m for transit ;

b u t does not include any bui ld ing used for t h e manufac tu re of dairy produce, nor any woolshed used for shear ing sheep, or bui ld ing used for d u m p i n g wool, or any ship.

W h e r e t he operations of any m a n u f a c t u r e r are carried

on for safety or convenience in several adjacent bui ldings grouped together in one enclosure, these shall be classed and included as one factory.

" Governor" means t he Governor with the advice of the Execu t ive

Council .

" Inspec to r" means an inspector of factories and shops, appointed unde r this Act .

" M i n i s t e r " means the Minis ter for the t ime being adminis te r ing

this Act .

" Occupier " means t h e person, company, or association employing persons in any factory or shop, or occupying any office, build­ ing , or place used as a factory or shop, and includes any agen t , manage r , foreman, or other person ac t ing or apparen t ly ac t ing in the general m a n a g e m e n t or control of any factory or shop. " Prescribed " means prescribed by this Act or regula t ions under

this Act .

" S h o p " means any bui ld ing or place or portion of a bui ld ing or place in which goods are exposed or offered for sale by retai l . " Shopkeeper " means the occupier of a shop.

3. (i) This Act shall apply only to such localities as are declared by the Governor, by proclamat ion in the Gazette,	to he a
district or districts for the purposes of t ins Act .

( i i )

(II) The Governor may , by proc lamat ion in t h e Gazette,

e x e m p t c i ther whol ly or in par t , any factory or class of factories, or shop or class of shops, in any district or pa r t thereof from the operat ion of th is Act , and such factory or class of factories, or shop or class of shops, shall t he reupon be exempted as aforesaid.

(III) The Governor may, by proclamat ion as aforesaid, revoke,

vary, or a l ter any proc lamat ion published unde r th i s section.

P A R T I .

Appointment of inspectors ; registration and inspection of factories,

and inspection of shops.

4. The Governor m a y appoint so m a n y inspectors of factories and shops as m a y appea r necessary for ca r ry ing into effect the pro­ visions of th i s Act .

5 . Eve ry person who at t he commencement of th is A c t is the

occupier of a factory shall wi th in twenty-e ight days thereof serve on t h e inspector of t he distr ict , or such other person as t h e Governor m a y appoint , a wr i t t en not ice con ta in ing such par t icu lars as m a y be prescribed, and the inspector, or such other person as aforesaid, shal l on t h e receipt of such not ice regis ter t h e factory, and issue a certificate! of regis t ra t ion to such occupier. Should any occupier neglect or omi t to serve t he notice as herein provided he shall be liable to a

pena l ty no t exceeding t en	pounds .
6. (I) Eve ry person in tend ing to go in to occupat ion of any unregis te red factory shal l , no t less t h a n	seven days before going in to
occupat ion,	and

(II) Eve ry person in occupat ion of any t enemen t which i t is

in tended to use as a factory for t h e first t ime , or which after a period of disuse i t is in tended to aga in use as a factory, shall , no t less t h a n seven days before i t is so used as a factory,

forward to t he inspector of t h e district or such other person as t h e Governor m a y appoint , a wr i t ten notice conta in ing such par t i cu la rs

as m a y b e prescribed. The inspector or such o ther person as aforesaid on t h e receipt of the said not ice shall regis ter t he bu i ld ing and issue a

t h e provisions of th i s section shall be liable to a pena l ty n o t exceed ing	certificate of regis trat ion to t he person giving such notice. A n y occupier or in tend ing occupier who fails to comply with
ten pounds .

7. Every inspector shall have power—

(I) to enter , inspect, and examine , a t all reasonable hours by day or n igh t , a n y factory or shop, and any pa r t thereof, when he has reasonable cause to believe t h a t any person is employed therein , and to enter by day any place which he has reason­ able cause to believe is used as a factory or shop ;

(II)	to t ake wi th h im in e i ther case an officer of hea l th or inspector of nuisances ; or, in a n y case in which he has reasonable cause to app rehend any serious obs t ruc t ion in t he execut ion of his duty , a constable ;
(III)	to requ i re t he p roduc t ion of the certificate of regis t ra t ion of a n y factory, or any book, not ice, record, list, or document which is by this Ac t , or t he regula t ions the reunder , required to be kept or exhibi ted in any factory or shop, and to inspect, examine, and copy the s a m e ;

(IV)

(IV) to m a k e such examina t ion and inqu i ry as m a y be necessary

to ascer ta in w h e t h e r the provisions of th is A c t or any A c t re la t ing to t he public; heal th a re complied w i t h so far as respects the factory or shop ,and the persons employed therein ;

(v)   to examine alone, or in the presence of any other person, as he th inks fit, wi th respect to ma t t e r s unde r th is Act , any person w h o m he finds in a factory or shop, or w h o m he has reasonable cause to believe to be or to have been wi th in the preceding two mon ths employed in a factory or shop, and to requ i re such person to be so examined, and to sign a declarat ion of t he t r u t h of t h e ma t t e r s respect ing which he is so examined ;

(VI) to exercise all o ther powers t h a t m a y be necessary for car ry­
ing out t he provisions of th is Act , or of such provisions of

any Act re la t ing to publ ic hea l th as t h e Governor m a y from

t ime to t ime de te rmine .

8. The occupier of every factory or shop, his agents and servants , shal l furnish the means requ i red by an inspector necessary for an en t ry , inspection, examina t ion , a n d inqui ry , or the exercise; of his powers unde r th i s Ac t in relat ion to such factory or shop.

9. Every person w h o wilfully delays an inspector in t h e exercise of any power unde r this Act , or who fails to comply wi th a requis i t ion of an inspector made unde r any such power as aforesaid, or to produce; any certificate of registrat ion, book, record, certificate, notice, list, or document which he is required by or in pursuance of th is A c t to produce, or who conceals or p reven t s any person from appear ing before or be ing examined by an inspector, or a t t e m p t s so to conceal or p reven t any person, shall be deemed to obs t ruct an inspector in t he execution of his duties unde r this Act , and shall for each offence be liable to a pena l ty not exceeding t w e n t y pounds : Provided t h a t no person shal l be requi red to answer any quest ion or give any evidence incr imina t ing himself.

10. Eve ry inspector shall be furnished wi th a certificate of his appoin tment , and on apply ing for admission to a factory or shop shall, if required, produce such certificate to t h e occupier.

1 1 . Every person who forges or counterfeits any such certificate,

or makes use; of any forged, counterfei ted, or false certificate, or per­ sonates the inspector named in any such certificate, or falsely pre tends to be an inspector under this A c t shall be liable to be imprisoned

for a t e r m not exceeding six m o n t h s wi th or wi thou t hard labour.

P A R T	I I .
Records.

12. The occupier of a factory or shop shall keep, or cause lo be kep t , a record of t he names of all employees in t h e factory or shop, together wi th t he ages of all employees unde r e ighteen years of age, and such o ther par t iculars as may from t ime to t i m e be prescribed.

The occupier shall cause to be affixed and mainta ined in some
conspicuous place at or near t he ent rance of every factory, and in

such other par ts thereof as the inspector m a y direct, a copy of th i s A c t

and of t he regula t ions made under i t ; also a notice con ta in ing—

(a)	t h e n a m e and address of t he inspector for t h e	d i s t r i c t ;
(b)	t he usua l w o r k i n g hours of t h e	factory.

13 . The occupier of a factory shall , if so requi red by t h e Min i s te r furnish to h im a scale of t h e wages paid to t he employees the re in , and also t he rates of p a y m e n t made for piecework to the persons work ing in and in connect ion wi th such factory.

14. (I) The occupier of a factory shall , for t h e informat ion of
t h e inspectors , who a lone shal l he ent i t led to demand such informat ion,

keep a record in t h e prescribed form and wi th t he prescribed par t i ­

culars , showing—

(a) t h e n a m e of every person employed by h i m in the business of a factory outside such factory ;

(b) the places where those persons are employed;

(c) the ra te of paymen t in each ins tance.

( IT) The occupier shal l forward such record to the

inspector for his information whenever demanded b y h im, a n d shal l forward to the inspector at such t imes as m a y be prescribed, a copy or s u m m a r y of every such record in such form as m a y be prescribed.

(III) A n occupier who makes default in keep ing such record or in forwarding i t as hereinbefore provided shall be liable to a pena l ty not exceeding ten pounds .
15. Eve ry person who, whe the r as pr incipal , contractor , sub­ cont rac tor , or otherwise, directly or indirect ly issues or gives out , or authorises or permi ts to be issued or given out, any mater ia l whatsoever for t he purpose of being wholly or pa r t ly prepared or manufac tu red outside a factory as art icles of c lo th ing or wear ing appare l ( including boots and shoes) for t r ade or sale, shall be deemed to be the occupier of a factory for t he purposes of the last preceding sec t ion; and the person to w h o m such mater ia l is issued or given out shal l , for t h e purposes of t he said section, be deemed to be employed by the occupier in t h e business of the factory outside such factory.

1G. A n y inspector who divulges the contents of a n y record or makes use of his knowledge of t he contents thereof, except to t h e Min is te r or for t he purposes of th is Ac t or for enforcing the provisions
thereof, or for s tat is t ical purposes in connection wi th a Depa r tmen t of
t h e Pub l i c Service, shall be liable to a penal ty not exceeding fifty pounds, or to impr isonment w i th hard labour for any t e r m not exceeding

six mon ths .

17. E a c h inspector shall furnish annua l ly to t he Minis te r for

submission to P a r l i a m e n t a report on the operat ion of t he Act .

P A R T III.

Sanitary arrangements, SfC.

18. (I) Every factory and shop shall be kep t in a cleanly s ta te

and free from effluvia ar is ing from any drain, ear th , or water-closet,

ur inal , or o ther nu isance .

(II) A factory or shop, or any port ion thereof, shall not be so

overcrowded whi le work is carried on there in as to be injurious to t he hea l th of t he persons employed there in , and shall conta in such a m o u n t of cubical space for each person employed, and such a m o u n t of vent i la t ion as m a y be prescribed by regulat ions , and shall be vent i la ted in such a m a n n e r as to render harmless as far as pract icable all t h e gases, vapours , dust , or impur i t ies genera ted in t h e course of t h e m a n u f a c t u r i n g process or handicraf t carried on there in t h a t may be

in jur ious to hea l th .

(III) A factory or shop in or in connect ion wi th which there

is a con t raven t ion of th is section shall be deemed not to be kep t in

conformi ty wi th th i s Ac t .

19. Al l t h e inside wails of t he rooms of a factory, and all t he ceilings and tops of such rooms (whether such wails, ceilings or tops he plastered or no t ) , and all the passages and staircases of a factory shall ei ther he varnished or pa in ted wi th oil at least once in every period of seven years, or he l ime-washed, or washed wi th some l iquid approved by the inspector , a t least once in every period of fourteen m o n t h s (or, in the case of a bakehouse s i tuate in a munic ipa l i ty , once in every period of six months ) , and shall , if t hey have been so pa in ted or varnished, be washed with hot water and soap at least once in every period of fourteen m o n t h s ; bu t t he inspector may , if i t appear to h im necessary, order t he wails, ceilings, passages ,and staircases of any factory or of any bakehouse s i tuated as aforesaid, to be painted, varnished, l ime-washed, or washed more frequently t h a n is here in provided.

If t he w a i l s or passages are papered they need no t be varnished, painted, or washed, but shall be re-papered a t such t imes as t he inspector m a y direct.

The occupier of a factory shall on demand supply the inspector wi th t he dates of the last washing, paint ing, varn i sh ing , or paper ing of each por t ion of the factory.

20. W h e r e it appears to t he Minis ter t h a t in any class of factories, or par t s thereof, t he provisions of t he last preceding section are not required, or are by reason of special c i rcumstances inappl icable , he may, if he th inks fit, make; an order g ran t ing to such class of factories, or par ts thereof, a special exempt ion from all or any of the r equ i r emen t s in the last preceding section :

Provided tha t the last preceding section shall, wi thout any such order as aforesaid, be deemed not to app ly to b lacksmi ths ' , agr icu l tura l implemen t makers ' , and wheelwrights ' shops ; or to foundries, fiotir- mills, saw-mills, flax-mills, freezing-rooms, bone-mil ls , seed-cleaning mills , tanneries , rope-walks, soap and candle works, smel t ing works, and br ick and t i le works or potteries ; or to hay and corn and chaff- cu t t ing , corn-crushing, wool-washing, and boi ler -making establish­ men t s ; or to mal thouses and brewer ies ; or to cheese and sugar- refining factories, or to sugar-mil ls or shear ing sheds.

2 1 . W h e r e a bakehouse hav ing employed there in one or more

persons is s i tuated in any district unde r this A c t —

(I) no place on the same level with the bakehouse and fo rming pa r t of the same bui ld ing shall be used as a sleeping place unless such sleeping place is effectually separated from com­ munica t ion wi th t he bakehouse by a par t i t ion ex tend ing

window in such sleeping place of a t least n ine superficial	from the floor to the ceiling, and there is a n ex te rna l glazed
feet in area, of which a t least four and a half superficial feet are made so as to open for vent i la t ion ;

(II)	no ear th , or water-closet, cesspit, u r ina l , or ashpi t shall be
wi th in or communicate! wi th t he b a k e h o u s e ;

(III) any cistern for supply ing water to t he bakehouse shal l be separate; and dist inct from any cistern supply ing water to a water-c lose t ;

(IV) no drain-pipe for car ry ing off frecal or sewage m a t t e r shall

have an opening wi th in the bakehouse .

A n y person who lets or occupies, or cont inues to let or knowing ly suffers to be occupied, any place in which there is a breach of the provisions of this section shall be liable to a pena l ty not exceeding for t he first offence twen ty shill ings, and for every subse­ quen t offence to a penal ty not exceeding five pounds .
22. The Minis ter may, by notice in wri t ing, forbid t he occupier
of a factory to permi t any employees therein to t ake the i r meals in

any room while work is be ing carried on therein , and may direct an

occupier

occupier to erect or provide a sui table room or place in t h e factory or in connect ion the rewi th for t h e purpose of a d in ing or eat ing room for employees in such fac tory .

If t h e occupier fail to comply wi th such not ice within a reason­

able t ime the factory shall be deemed n o t to be kep t in conformity

wi th this Ac t .

23. If i t appear to t he inspector t h a t —

(a)	in a factory where gr ind ing , glazing, or pol ishing on a wheel , or any o ther process is carried on whereby dust is generated which is inhaled by the employees to an injurious ex ten t , such inha la t ion could be to a great ex t en t prevented by the use of
a fan or by o ther mechanical means of ven t i l a t ion ; or
(b)	in a factory in which atmospheric humidity is artificially
produced by s t eaming or o ther mechanica l appl iances

whereby the hea l th of t h e employees is or m a y be in jur iously affected, such humid i ty could be to a great ex ten t lessened b y the adopt ion of a sufficient means of prevent ion ;

the inspector may serve on the occupier a notice requi r ing h i m to provide a fan or other sufficient means of prevent ion, as t he case m a y be ; and if t h e same be not , w i th in a reasonable t ime , provided, main­ tained, and used, t h e factory shall be deemed not to be kep t in

conformity wi th th is Ac t .

24. (I) Every occupier of a factory or shop shal l cause to be provided sui table s i t t ing accommodat ion for all females employed in his shop in t h e proport ion of one seat to every th ree females employed, and such s i t t ing accommodat ion shall be convenient ly s i tuated for t he use of t h e persons for w h o m t h e same is provided.

(II) The occupier of any factory or shop shall allow every female employed the re in to m a k e use of such s i t t ing accommodat ion a t all reasonable t imes du r ing the day, w h e n such use would not necessarily interfere wi th t he proper discbarge by such female of her dut ies .

25. If any occupier wi th in t he mean ing of section fifteen

causes or allows wear ing appare l to be made, cleaned, or repa i red in any bui ld ing, any i nma te of which is suffering from leprosy, smal l -pox, asiat ic cholera, typhoid fever, scarlet fever, d iphther ia , m e m b r a n o u s croup, or such other disease as may be declared to be an infect ious disease under t he provisions of a n y Pub l i c H e a l t h A c t now or hereafter in force in N e w South Wales , he shal l be l iable to a pena l ty not exceeding fifty pounds , unless h e proves t h a t he was not aware of t he

been expected to become aware of i t . existence of t h e illness in t h e bui ld ing , and could no t reasonably have P A R T I V .

The fencing of machinery and protection from fire.

26. The t ravers ing carr iage of any self-acting mach ine erected after t he commencemen t of th i s Ac t shall no t be allowed to r u n out wi th in a distance of e ighteen inches from any fixed s t ruc tu re no t being par t of the machine , if t he space over which i t so runs ou t is a space over which any person is l ikely to pass, whe the r in t he course of his employment or otherwise.

27. I n any action b rough t by an employee in a factory or by
his representa t ives to recover damages from his employer for personal

in ju ry caused solely by a boiler explosion ar is ing from t h e neg l igen t

employment

employment of a n incompe ten t person to t ake charge of a boiler used for dr iving an engine in connect ion wi th t h e factory, t h e fact of t he

in jury shal l be prima facie ev idence—

{a) t h a t t h e person so placed in charge was i n c o m p e t e n t ;

(b) t h a t t he defendant was gui l ty of negl igence in employing h i m ;

(c) t h a t t h e plaintiff was in jured th rough t h a t person's incom­

petence,

b u t th is p resumpt ion shall be deemed to be r ebu t t ed by the

defendant if he proves t h a t he took reasonable care to satisfy himself of t h e competency and fitness of such person to t ake charge of such boiler.

28. The occupier of a factory shal l securely fence all dangerous

pa r t s of t h e mach ine ry therein , and wi th respect to such fencing	the
following provisions shall have effect:—

(I) every hoist or teagle and every fly-wheel direct ly connected wi th t he s team or water or o ther mechan ica l power whe the r in t h e engine-house or not, and every p a r t of a s team-engine and wa te r wheel shall be securely fenced ; and

(II) every wheel-race not otherwise secured shal l be securely fenced close to t h e edge of t he whee l - race ;	and
(III)	every pa r t of t h e mi l l gear ing shall e i ther be securely fenced or be in such posit ion or of such construct ion as to be equal ly safe to every person employed in t he factory or workroom as i t would be if i t were securely fenced ; and

(IV) all fencing shall be cons tan t ly ma in ta ined in an efficient

s ta te whi le t h e par t s required to be fenced are in mot ion or

use for t he purpose of any m a n u f a c t u r i n g process.

A factory in which the re is a cont ravent ion of th is section shall be deemed not to be kep t in conformity wi th th i s Ac t .

29. If a n inspector considers t h a t in a factory a n y pa r t of t he machinery of any kind, moved by s team, water , or o ther mechan ica l power, to which t h e provisions of this A c t w i th respect to t h e fencing of mach ine ry do not app ly is no t securely fenced, and is so dangerous as to be l ikely to cause bodily in ju ry to any person employed in t h e fac tory—

(I) t he inspector shall serve on t h e occupier of t he factory a wr i t t en not ice to fence t he mach ine ry which he considers

dangerous as aforesaid ;

(II) t he occupier wi th in seven days from the receipt of such notice m a y serve on t h e inspector a w r i t t e n requisi t ion to

refer t he m a t t e r to arbi t ra t ion, and, t he reupon , t he m a t t e r

shall be referred to arbi t ra t ion, to be conducted unde r the regula t ions;
(III)	if t h e arbi t ra tors or the i r umpi re decide t h a t it is unnecessary or imprac t icable to fence t h e mach ine ry al leged in t he notice to be dangerous , t he not ice shall be cancelled and the occupier shall no t be required to fence in pur suance thereof, and t h e costs of t he reference shal l be paid as t he expenses of t h e inspector unde r this A c t ;

(IV) if the occupier does not wi th in the said seven days serve; on

the inspector a requisi t ion to refer t he m a t t e r to a rb i t ra ­

t ion, or does not appoin t an arb i t ra tor wi th in t he t ime

requi red by the regulat ions , or if t he a rb i t ra tors or t he umpi re decide tha t i t is necessary and practicable; to fence t h e mach ine ry al leged in t he notice to be dangerous , t he occupier shall securely fence such mach ine ry in accordance wi th the; notice, or wi th t he award of t h e arb i t ra tors or umpi re , if it modifies t h e notice, and the costs of the reference shall be borne by ei ther or b o t h part ies to t he arbi t ra t ion as

t he arbi t ra tors or t he ump i r e may decide, and any por t ion of

t he

the costs to be borne by the occupier shall be a debt due by h i m to t he inspector, a n d shall he recoverable in any cour t of

competen t ju r i sd ic t ion ;

(v)   if the occupier of a factory fails to comply within a reasonable t ime wi th the notice or award, or fails to keep the said mach ine ry securely fenced in accordance therewi th , or fails to cons tant ly ma in t a in such fencing in a n efficient s ta te while t h e m a c h i n e r y requi red to be fenced is in motion, the factory shall be deemed not to be kep t in conformity wi th

this Ac t .

30.    The Minis te r m a y on compla in t by an inspector, and on being

satisfied t h a t any mach ine used in a factory is in such a condit ion t h a t it cannot be used wi thou t danger to life or l imb, by order prohibi t such machine from being used, or (if i t is capable of repair or a l terat ion) from being used un t i l it is du ly repaired or a l tered to the Minis te r ' s satis­ faction on the report of t he inspector . A n y employer who disobeys such order shall for each offence be l iable to a pena l ty n o t exceeding t e n pounds for every day on which t h e mach ine is used in contra­ vent ion of t he order.

3 1 . (i) I n every factory and shop the opening of every hoist-

way, elevator, or lift, or well-hole shall a t each floor be provided wi th and protec ted by good and sufficient t rap-doors or self-closing ha tches and safety catches, or by such o ther safeguards as t he inspector m a y approve, which shall be k e p t closed at all t imes w h e n they are no t in ac tua l use.
(II) If an elevator or lift in a factory or shop used for t h e conveyance of employees or o ther persons is considered by an inspector to be unsafe or dangerous to use, he m a y prohibi t t h e occupier or shopkeeper from us ing such elevator or lift un t i l it is made safe to the inspector 's satisfaction. Should any occupier or shopkeeper use, or pe rmi t to be used, such elevator or lift at any t ime whi ls t its use is so prohibited, he shall be liable to a pena l ty of twen ty shil l ings for each t ime such elevator or lift is so used.

32. A male unde r s ixteen years of age or female shall no t be

allowed to have t h e care, custody, m a n a g e m e n t , or work ing of any

elevator or lift in a n y factory or shop.

A male unde r e ighteen years of age or female shal l n o t be

al lowed—

(a) to clean such part of the machinery in a factory as is mill

gear ing while t he same is in mot ion for the purpose of

propel l ing any par t of the m a n u f a c t u r i n g mach ine ry ; or

(b) to work between the fixed and traversing part of any self- ac t ing mach ine whi le t h e mach ine is in mot ion by the action of steam, water , or o ther mechanica l power.

A n employee allowed to act in con t raven t ion of this section shall be deemed to be employed in con t raven t ion of this Act .

33 . W h e r e there occurs in a factory any accident , produced

e i ther by mach ine ry moved by s team, water, or other power, or t h r o u g h

a va t . pan, or o ther s t ruc tu re filled wi th hot l iquid or mol ten meta l , or o ther subs tance , or by explosion, or by escape of gas, s team, or meta l ,

which e i ther—

(a) causes loss of life to an employee in t he fac tory ; or

(b) causes bodily injury to any employee in the factory, such as to p reven t h im from r e t u r n i n g to his work in the factory wi th in for ty-eight hours of t he occurrence of t he accident,

wr i t t en notice of t h e accident shall fo r thwi th be sent to the inspector for the district s t a t ing t he cause of death or the n a t u r e and ex ten t of t he injury, as t he case may be, and t h e residence of t he person kil led or injured, or the place to which he has been removed. The Minis ter

may,

may, if he t h i n k s fit, obta in a report from a legally qualified medical

pract i t ioner , or o ther competen t person, upon the na tu r e , ex tent , and

cause of such dea th or injury.
34. (I) I n every factory erected after the pass ing of this Act , and in which t e n or more persons are employed, and in any exis t ing factory where t h e Minis te r by not ice in wr i t ing may so require , t he m a i n inside and outs ide doors shall open ou twards , and all t h e doors of every room in a factory, in which persons are ac tua l ly a t work, or of passages leading to such rooms, or serving as entrances a n d exits shal l ne i the r be locked, bolted, no r barred dur ing work ing hours .

(II) I n every factory the re shall be such means of ex t inguish­

ing fire as t h e inspector ac t ing unde r t h e regula t ions may direct.
(III) Every factory th ree or more storeys in he ight , in which persons arc employed above the second storey, shal l be furnished w i t h a certificate from the inspector t h a t t he factory is provided with such means of escape in case of lire for the persons employed the re in as can reasonably be required under t h e c i rcumstances of each case.

(IV) I n t h e even t of the occupier object ing to ca r ry out

any s t ruc tu ra l a l tera t ions in his bui ld ings required by the Minis te r

h e m a y refer the m a t t e r to arbi t ra t ion , as provided	in section	twen ty -
nine .

P A R T V .

Ages of persons employed in factories and certificates.

35. N o child shall , unless by special permission of t h e Minis ter , be employed in any fac tory; and no such special permission shall be given to a child unde r t h e age of th i r t een years .

3G. N o ma le unde r e ighteen years of age and no female shall be employed cont inuously in a factory for more t h a n live hours wi thou t an interval of at least ha l f -an-hour for a meal .
37. No male unde r s ixteen years of age and no female shall be
employed in a factory for more t h a n forty-eight hours in a n y one week :
Provided t h a t any such person m a y be employed over t ime in a

factory for a period no t exceeding three hours in any day beyond the

t h e wr i t t en permission of the Minis ter , where he is satisfied t h a t an	ordinary work ing hours on not more t h a n t h i r t y days in a year, or by
ex tens ion of overt ime is required to meet the exigencies of t rade, for n o t more in all t h a n s ixty days in a year.
N o such person, however, m a y be employed over t ime on more t h a n three consecutive days, and such over t ime shal l be paid for at t h e r a t e of t ime and a half.
The occupier shall keep a record of all such over t ime, and shall note aga ins t t h e n a m e of each person so employed t h e hours of over­ t ime worked by h i m or her, and shal l furnish a copy of such record to t h e inspector w h e n called upon to do so.

38 . No person ment ioned in t he F i r s t Schedule to th is Ac t shall

to t h e ex ten t ment ioned there in , be employed in t he factories or par t s thereof ment ioned in t h a t Schedule, and notice of t he prohibi t ion shal l be posted by the occupier in every factory to which it applies.

39. (I) A person under t he age of s ixteen years shall no t lie employed in such classes of factories as may from t ime to t ime be de te rmined by regula t ion unless t he occupier of t h e factory has obtained a certificate in t he prescribed form of t he fitness of such person for employment in t ha t factory.

1   (II)

(II) A certificate of fitness for t h e purposes of this A c t m a y

he g ran ted by a n y legal ly qualified medical pract i t ioner , and shal l be to t h e effect t h a t he is satisfied b y t h e product ion of a certificate of b i r th or other sufficient evidence t h a t t h e person named in t h e certificate of fitness is of t he age there in specified, and t h a t such person has been personal ly examined b y h im, and is no t incapaci ta ted b y disease or bodily infirmity from work ing daily for t h e t ime allowed b y law in t h e factory named in t h e certificate.

(III) The certificate of b i r t h which shall be produced to

such legally qualified medical p rac t i t ioner m a y be e i ther—

(a)	a certified copy of t h e en t ry in a regis ter of b i r ths k e p t in pur suance of a n y A c t in force for t h e t i m e be ing re la t ing to
t h e Regis t ra t ion of B i r ths of t h e b i r th of t h e person (and
such certificate of b i r th shal l be given b y the regis t rar wi th­

out fee) ; or

(b) a s ta tu tory declarat ion m a d e by some competent person as to t h e age of t h e person for w h o m it is desired to obta in a certificate of fitness for employment .

(IV) The occupier shall , w h e n required, produce to an
inspector a t the factory a t which a person unde r s ixteen years of age

is employed the certificate of fitness of such person for emp loymen t

wh ich he is requi red to obtain u n d e r th i s section.

40 . N o occupier shall employ a ma le unde r s ixteen years of age or a female unde r e ighteen years of a g e —

(a) in any factory ;

(b) in t h e business of b u t outside any factory,

be tween t h e hours of seven o'clock in t h e even ing and six o'clock in t he morn ing , unless in t he case of over t ime, and subject to t he restr ict ions contained in section th i r ty-seven :

Provided t h a t where i t is proved to t h e sat isfaction of t he Min i s te r t h a t t he cus toms or exigencies of t h e t r ade carr ied on in any class of factories or pa r t s thereof, e i ther genera l ly or s i tuate in a n y par t i cu la r locality, or other reasons, requi re or m a k e i t desirable t h a t such t rade should be exempted from t h e operat ion of th i s section, he m a y b y order g ran t to such class of factories or par t s thereof a special

exempt ion and for such t ime as he may t h i n k fit.

4 1 . W h e r e an inspector is of opinion t h a t a person u n d e r t h e

age of s ix teen years is, by disease or bodily infirmity, incapac i ta ted for

work ing daily for t h e t ime al lowed by law in a factory, he m a y serve

wr i t t en not ice thereof on t h e occupier, r equ i r ing t h a t t he e m p l o y m e n t of such person be discont inued from the period named there in , no t be ing less t han one nor more t h a n seven days after t he service of such not ice ; and the occupier shall n o t con t inue after t he period named in such notice to employ such person (no twi ths tand ing a certificate of fitness has been previously obtained for such person) unless a legally-qualified medical pract i t ioner has, after t h e service of t he not ice, personal ly examined such person and has certified t h a t such person is n o t so incapaci ta ted as aforesaid.

42 . N o female shall be employed d u r i n g the four weeks

immedia te ly after he r confinement .

P A R T

P A R T V I .

Shops.

43 . (I) E x c e p t as hereinafter provided, a male unde r s ixteen

years of age or a female unde r e ighteen years of age shall no t work in or in connect ion wi th any shop for a longer t ime t h a n fifty-two hours in any one week, or for a longer t ime t h a n n ine a n d a half hours in any one day, except on one day in each week, when eleven a n d a half hours work m a y he done, b u t such shall no t apply to the occupier of a shop or any m e m b e r of the occupier 's family employed in such shop.

(II) A n y such person may , however, be employed in a shop for a period no t exceeding three hours on any day beyond t h e ordinary work ing hours , provided t h a t t he to ta l n u m b e r of days in any one year on wh ich in a n y shop or at any work in connect ion wi th a shop any such male or female is so employed shall not exceed fifty-two.
(III) No male unde r e ighteen years of age and no Female

shall be employed cont inuously in a shop for more t h a n live hours

w i thou t an in te rva l of at least ha l f -an-hour for a meal .

(IV) N O male unde r sixteen years of age and no female unde r e ighteen years of age shall be employed dur ing any day in any shop, or a t any work in connection wi th a shop, if he or she has been previously employed the same day in a factory for e ight hours, or in a n y case for a longer period t h a n will together wi th t he t ime du r ing which he or she has been so previously employed complete t he n u m b e r of e ight hours .

(v) The occupier of a shop in which or in connect ion w i t h which any cont raven t ion of th is section occurs shal l on convict ion be liable to a pena l ty for t he first offence of no t more t h a n two pounds , a n d for every subsequen t offence of no t less t h a n two pounds or more

t h a n five pounds .

N o t h i n g in th i s section shall apply to shops of t he classes included in the Second Schedule to th is Act .

44. The Governor may , subject to the provisions of this Act , m a k e regulat ions unde r which males unde r sixteen years of age and females unde r e ighteen years of age m a y be employed in any shops of t h e classes included in t he Second Schedule to th is Ac t .

P A R T V I I .

Miscellaneous.

45 .    Eve ry breach or cont ravent ion of this Act , or t he regulat ions

the reunder , shall be reported to t he Minis te r by t he inspector in m a n n e r prescribed, and no prosecut ion shall be ins t i tu ted w i thou t the

au thor i ty of the Minis ter .

46 . No occupier of a factory or shop shall contract with any employee aga ins t any liabili ty unde r this Act .

47. All penal t ies imposed by th is Act , or t he regula t ions made thereunder , m a y be recovered summar i ly before a s t ipendiary or police mag i s t r a t e or any two or more justices of t he peace. A n d if the a m o u n t of any such penal ty , together wi th the costs (if any) ordered to be paid upon any convict ion be not paid wi th in t h e t ime ment ioned in t he order, paymen t thereof may be enforced by distress and sale of t he offender's goods and chat te ls , and in defaul t of sufficient distress such offender shall be l iable to impr i sonmen t for such te rm as may be provided by this Ac t or the regula t ions for t he offence of which

he

he was convicted, or if no special t e rm he provided, for any t e rm not exceeding th ree calendar mon ths , unless such pena l ty and costs he sooner paid.

48. Any order or notice to be served u n d e r this Act , or t he regula t ions thereunder , and any summons to be served in respect of any breach or cont ravent ion of t he provisions of th is Ac t , or t he regula t ions the reunder , or for the recovery of any penal ty , shall be deemed to be duly served upon the occupier of a factory or a shop, if such order, notice, or s u m m o n s be affixed to t he door or some other conspicuous par t of the factory or shop.

49. It' a factory or shop is no t kept in conformity wi th th is Ac t , or of the regulat ions thereunder , or if in any factory or shop t h e n ; is a contravent ion or breach of any of the provisions of this Act , or of t h e regula t ions the reunder , or if t he occupier of a factory or shop fails to comply wi th an order or request made by the Minis ter or an inspector in pur suance of the Ac t or regula t ions , t h e occupier shal l on conviction, if no other pena l ty is provided, be liable to a penal ty no t exceeding t en pounds . T h e mag i s t r a t e or just ices , in addit ion to or ins tead of inflicting a penal ty , m a y order cer tain means to be adopted b y the occupier w i th in some t ime to be named in t he order for t h e purpose of b r ing ing his factory or shop in to conformity wi th this Act , and may upon applicat ion enlarge the t ime so named ; and if after the expirat ion of t he t ime originally n a m e d or enlarged upon subsequent appl icat ion t h e order is no t complied wi th , t he occupier shall be liable to a pena l ty not exceeding one pound for every day t h a t such non­

compl iance cont inues .

50. W h e r e any person is employed in a factory or shop cont rary to t h e provisions of th is Act , t he occupier of t he factory or shop shal l be l iable to a penal ty not exceeding two pounds , or if t he offence was commit ted du r ing the n igh t , t h r ee pounds for each person so employed. A person who is not allowed t ime for meals as required by th is Ac t , or is in con t raven t ion of t h e provisions of th is A c t employed in t h e factory or shop, shall be deemed to be employed cont ra ry to t h e pro­

visions of th i s Ac t .

5 1 . The pa ren t or guard ian having cont ro l of a male person

u n d e r s ixteen years of age, or female person unde r e ighteen years of age shall , if such person is employed in a fac tory or shop cont ra ry to t he provisions of this Act , be l iable, on s u m m a r y conviction before a s t ipendiary or police magis t ra te or any two or more just ices of the peace, to a pena l ty not exceeding twen ty shill ings for each offence,

unless it appears t h a t such offence was commit ted w i thou t t he consent,	connivance, or wilful defaul t of the pa ren t or guard ian .
52. W h e r e a male or female employee is in t h e opinion of t he Cour t apparen t ly of t he age alleged by the informant , i t shall lie on t he defendant to prove t ha t such employee is not of tha t age.

53 . A n y person who forges or counterfeits any certificate for

t h e purposes of th i s A c t (for t h e forgery or counterfe i t ing of which

no o ther p u n i s h m e n t is provided) , or w ho knowing ly u t t e r s or makes use of any certificate so forged or counterfei ted, or who personates a n y person named in a certificate, shall be liable to impr i sonment for a t e r m not exceeding twelve mon ths , wi th or wi thou t hard labour. A n y person who wilfully makes a false en t ry in any hook, register , not ice , certificate, list, record, or documen t required by this Act to be k e p t or served, or who wilful]v makes or sio;ns a false declarat ion or r e t u r n unde r this Act , or who knowing ly makes use of any false en t ry or false declarat ion or r e tu rn , shall, on s u m m a r y convict ion before a s t ipendiary or police magis t ra te , or any two or more just ices of t he peace, be liable to a pena l ty not exceeding t w e n t y pounds for each offence or to be imprisoned for a t e rm no t exceeding three m o n t h s ,

with or w i thou t bard labour. 54.

5 1 . W h e r e t he occupier of a factory is charged wi th an offence

against	th i s A c t or t he regula t ions	thereunder , he shall be ent i t led
upon informat ion du ly laid by h im to	have	a n y other person w h o m

he charges to be t h e ac tua l offender b rough t before t h e magis t ra te or just ices a t t he t ime appointed for hear ing t he charge , and if after the commission of t he offence has been proved, t h e occupier of the factory proves to t he satisfaction of t h e magis t ra te or just ices t h a t he used due dil igence to enforce t h e provisions of t he Ac t and regula t ions , and t h a t t he said other person commit ted t h e offence in ques t ion wi thou t his knowledge, consent , or connivance, the said other person shall be summar i ly convicted of such offence, and the occupier shall be exempt from any penal ty .

55. I n addition to the powers already conferred t he Governor may , by notice in t he Gazelle, from t ime to t ime , make , alter, and repeal regula t ions for prescr ibing forms of notices to be given and r e tu rns and records to be made under th is Act , and the par t iculars to be set for th t h e r e i n ; a n d general ly for ca r ry ing in to effect t he pro­ visions of this A c t ; and m a y impose any penal ty not exceeding twen ty pounds for the breach of any regula t ion .

S C H E D U L E S .

F I R S T S C H E D U L E .

Factories in which the employment of persons is restricted.

1. I n a pa r t of a factory in which (hero is carr ied on —

(a) the process of silvering of mirrors by the mercurial p r o c e s s ; or

{!>) the process of mak ing white- lead—

a person u n d e r e ighteen years shall not be employed.
- . In the par t of a factory in which the process of mol t ing or anneal ing glass is carried on, a male person under sixteen years of age and a female u n d e r e ighteen years of age shall no t be employed.

3. I n a factory in which there is carried on—•

(a) the making or finishing of bricks or tiles, not being ornamental tiles ; or

the making or finishing of salt —

a female u n d e r e ighteen years of age shall no t be employed.

4. I n a p a r t of a factory in which fhere is carried on—

(a) any dry gr inding in t he meta l t r ade ;

(/;) the dipping of lucifer matches —

a person under sixteen years of age shall not be employed.

5. No person u n d e r sixteen years of age shall be employed a t or in connect ion

with any manufac tu r ing process or machine where cont inuous cas t ing from molten	l e a l
or any combinat ion thereof is carr ied on in a p r in t ing	es tabl ishment .

S E C O N D S C H E D U L E .

Chemists ' shops.

Coffee-houses. Confec t ioners . Ea t ing-houses . Eish and oyster shops.

F r u i t and vegetable shops.

Res t au ran t s .

.Booksellers' and news-agents ' shops.

Tobacconists '	shops.
Ho te l s .

No. X X X V I I I .