Section 71
[Deleted by Act A1237.]
Certificate of medical officer as to age 72.
Where, in any proceeding under this Ordinance, a person is alleged to be a child or young person, the Court may accept a certificate of a medical officer to the effect that, in his opinion, such person is or is not a child or young person.
[Sub. Act A1237.]
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Employment in which children and young persons may be engaged 73.—
(1)
No child or young person shall be, or be required or permitted to be, engaged in any employment other than those specified in this section.
(2)
A child may be engaged in any of the following employment:
(a)
employment involving light work suitable to his capacity in any undertaking carried on by his family;
(b)
employment in any public entertainment, in accordance with the terms and conditions of a licence granted in that behalf under this Chapter;
(c)
employment requiring him to perform work approved or sponsored by the Federal Government or the Government of any State and carried on in any school, training institution or training vessel; and
(d)
employment as an apprentice under a written apprenticeship contract.
(3)
A young person may be engaged in any of the following employment:
(a)
any employment mentioned in subsection (2); and in relation to paragraph (a) of that subsection, any employment suitable to his capacity (whether or not the undertaking is carried on by his family);
(b)
employment as a domestic servant;
(c)
employment in any office, shop (including hotels, bars, restaurants and stalls), godown, factory, workshop, store, boarding house, theatre, cinema, club or association;
(d)
employment in an industrial undertaking suitable to his capacity; and
(e)
employment on any vessel under the personal charge of his parent or guardian:
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Provided that no female young person may be engaged in any employment in hotels, bars, restaurants, boarding houses or clubs unless such establishments are under the management or control of her parent or guardian:
Provided further that a female young person may be engaged in any employment in a club not managed by her parent or guardian with the approval of the Director.
(4)
The Minister may, if he is satisfied that any employment
(not mentioned in subsection (2) or (3)) is not dangerous to life, limb, health or morals, by order declare such employment to be an employment in which a child or young person may be, or permitted to be, engaged; and the Minister may in such order impose such conditions as he deems fit and he may at any time revoke or vary the order or may withdraw or alter such conditions.
(5)
No child or young person shall be, or be required or permitted to be, engaged in any employment contrary to the provisions of the Factories and Machinery Act 1967 [Act 139] or the Electricity
Ordinance [Cap. 50] or in any employment requiring him to work underground.
[Sub. Act A1237.]
The Minister may prohibit any child or young person from engaging or being engaged in any employment 74.
Notwithstanding section 73, the Minister may, in any particular case, by order prohibit any child or young person from engaging or from being engaged in any of the employments mentioned in that section if he is satisfied that having regard to the circumstances such employment would be detrimental to the interests of the child or young person, as the case may be.
[Sub. Act A1237.]
Number of days of work 74A. No child or young person engaged in any employment shall in any period of seven consecutive days be required or permitted to work for more than six days.
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Hours of work of children 74B.—
(1)
No child engaged in any employment shall be required or permitted—
(a)
to work between the hours of 8 o’clock in the evening and 7 o’clock in the morning;
(b)
to work for more than three consecutive hours without a period of rest of at least thirty minutes;
(c)
to work for more than six hours in a day or, if the child is attending school, for a period which together with the time he spends attending school, exceeds seven hours; or
(d)
to commence work on any day without having had a period of not less than fourteen consecutive hours free from work.
(2)
Paragraph (a) of subsection (1) shall not apply to any child engaged in employment in any public entertainment.
Hours of work of young person 74C.—
(1)
No young person engaged in any employment shall be required or permitted—
(a)
to work between the hours of 8 o’clock in the evening and 6 o’clock in the morning;
(b)
to work for more than four consecutive hours without a period of rest of at least thirty minutes;
(c)
to work for more than seven hours in any one day or, if the young person is attending school, for a period which together with the time he spends attending school, exceeds eight hours:
Provided that if the young person is an apprentice under paragraph (d) of subsection (2) of section 73, the period of work in any one day shall not exceed eight hours; or
(d)
to commence work on any day without having had a period of not less than twelve consecutive hours free from work.
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(2)
Paragraph (a) of subsection (1) shall not apply to any young person engaged in employment in an agricultural undertaking or any employment in a public entertainment or on any vessel under paragraph (e) of subsection (3) of section 73.
Employment connected with public entertainment 74D.—
(1)
No child or young person shall take part or be required or permitted to take part in any public entertainment unless there has been issued by the Director or by such other officer as may be authorized in writing in that behalf by the Director to the person employing such child or young person a licence in that behalf; and the
Director may, in addition to such conditions or restrictions as may be prescribed from time to time under Chapter XVIB impose in respect of such licence (whether at the time the licence is issued or thereafter from time to time) such conditions as he deems fit.
(2)
No licence under subsection (1) shall be granted by the
Director to any person where he is of the opinion that the employment is dangerous to the life, limb, health or morals of the child or young person.
(3)
The Director may cancel any licence issued under this section on any ground for which he could refuse to issue a licence or on breach of any condition thereof, and such cancellation shall take effect forthwith until and unless set aside on appeal.
(4)
Any child or young person or the parent or guardian of such child or young person or any other person aggrieved by the decision of the Director may within fourteen days of the making of that decision appeal to the Minister, and the decision of the Minister shall be final.
(5)
In the event of an appeal, the child or young person or the parent or guardian of such child or young person shall be entitled to be supplied by the Director the reasons in writing for the cancellation of or refusal to issue a licence or for the imposition of conditions on a licence.
[Ins. Act A1237.]