[Rev. 2012]
CAP. 226
Employment
59. Time restriction in employing a child
(1) Subject to section 60, no person shall employ a child in an industrial
undertaking between the hours of 6.30 p.m. and 6.30 a.m.
(2) Notwithstanding the provision of subsection (1), a person may employ a
male young person in cases of emergencies which could not have been
controlled or foreseen, and which interfere with the normal working of the
industrial undertaking and which are not of a periodical nature.
(3) Notwithstanding the provision of subsection (1), the Minister may, after
consultation with the Board, authorise an employer in writing to employ a young
person for a specific period of the night subject to such conditions as the Minister
may determine.
60. Emergencies
In case of a serious emergency, when the public interest demands it, the
Minister may, by notice in the Gazette, suspend the operation of section 59.
61. Registers of child in employment
An employer who employs a child shall keep and maintain a register
containing the following particulars of every child he employs—
(a)
age and date of birth;
(b)
date of entry into and of leaving the employment;
(c)
such other particulars as may be prescribed.
62. Medical examination of a child employee
An authorised officer may require a child in employment to be medically
examined at any time during the period of the child’s employment.
63. Determination of age
(1) If, during the hearing of a charge for an offence under this Act it is alleged
that any person was at the date of the offence of, over or under a particular age,
the court hearing the charge shall, after such inquiry as it considers necessary
and after hearing any evidence which may be tendered by any party to the
proceedings, determine the age of that person for the purposes of the
proceedings, and the determination shall be final.
(2) No conviction, order or judgment of a court under this Act shall be
invalidated by any subsequent proof that the age of any person has not been
correctly stated to, or determined by, the court.
(3) Subject to the provision of subsection (1), whenever any question arises
as to the age of an employee and no sufficient evidence is available as to that
employee’s age, a medical officer may estimate the age of the employee by his
appearance or from any available information, and the age so estimated shall, for
purposes of this Act, and until the contrary is proved, be deemed to be the true
age of the employee.
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