S.I. No. 158/1936 - Conditions of Employment (Jute Manufacture) (Exclusion) Order, 1936.

STATUTORY RULES AND ORDERS. 1936. No. 158.

CONDITIONS OF EMPLOYMENT (JUTE MANUFACTURE) (EXCLUSION) ORDER, 1936.

THE CONDITIONS OF EMPLOYMENT (JUTE MANUFACTURE) (EXCLUSION) ORDER, 1936, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 29TH DAY OF MAY, 1936, PURSUANT TO THE CONDITIONS OF EMPLOYMENT ACT, 1936 .

WHEREAS it is enacted by sub-section (1) of Section 29 of the Conditions of Employment Act, 1936 (No. 2 of 1936) that the Minister for Industry and Commerce may by order make regulations declaring any specified form of industrial work to be excluded industrial work for the purpose of all or any of the Sections of Part III of the said Act.

AND WHEREAS it is enacted by sub-section (1) of Section 52 of the said Act that whenever the said Minister makes regulations declaring any form of industrial work to be excluded industrial work for the purpose of any section of Part III of the said Act which relates to the hours during which an employer may permit any worker to do for him any form of industrial work, the Minister may by order make regulations fixing in such manner as he may think fit the hours of work in respect of such form of industrial work for all or any classes of workers engaged in such form of industrial work, and so long as such regulations remain in force it shall not be lawful for any employer to permit any worker to whom such regulations relate to do for him such industrial work save during such hours as may be fixed by such Order.

AND WHEREAS it is enacted by Section 57 of the said Act that whenever the said Minister makes regulations or grants a licence or permit under the Act in respect of a particular form of industrial work, the said Minister may, in such regulations, licence or permit (as the case may be)—

(a) specify such industrial work either generally or when done in any particular place or class of places or by any particular workers or class of workers;

(b) specify any form of industrial work by reference to the nature of such industrial work, to the workers or class of workers by whom such industrial work is done, or in such other manner as he may think fit;

(c) when different forms of industrial work are done in any industrial undertaking or class of industrial undertakings refer to by any collective description and specify as one form of industrial work such forms or any of such forms of individual work done in such industrial undertaking or class of industrial undertakings;

(d) in specifying any form of industrial work make such exceptions and exclusions as he may think fit.

NOW, THEREFORE, the Minister for Industry and Commerce in exercise of the powers conferred on him by Sections 29, 52 and 57 of the said Act and of every and any other power him in this behalf enabling and having first consulted with representatives of the employers interested in the form of industrial work to which these regulations relate and with representatives of workers so interested makes by this Order, the following regulations, that is to say :—

1. This Order may be cited as the Conditions of Employment (Jute Manufacture) (Exclusion) Order, 1936.

2. In this Order the expression " the Act " means the Conditions of Employment Act, 1936 ; the expression " the Minister " means the Minister for Industry and Commerce.

3. The form of industrial work specified in the schedule to these regulations is hereby declared to be excluded industrial work for the purpose of Sections 39 and 43 of Part III of the Act.

4. Subject to the provisions of section 41 of the act it shall not be lawful for any employer who employs any young person to work on the said form of industrial work on day work to permit such young person to—

(a) commence work earlier than the hour of 8 a.m. on any day;

(b) continue work after any of the following limits, that is to say :—

(i) the hour of 8 p.m. on any ordinary working day;

(ii) the hour of 1 p.m. on any short day;

(iii) the time in any ordinary working day when such young person has completed nine hours work on that day;

(iv) the time in any week when such young person has completed forty-eight hours work in that week.

5.—(1) Where any employer who employs any worker to work on the said form of industrial work for a salary or wages permits such worker to work overtime (in these regulations referred to as daily overtime) on any day such employer shall be deemed to have agreed to pay such worker at the overtime rate for any time for which he so works overtime on such day.

(2) Where in any week any employer who employs any worker to work on the said form of industrial work for a salary or wages permits any worker to work weekly overtime and the weekly overtime worked by such worker exceeds the total daily overtime worked by such worker in that week, such employer shall be deemed to have agreed to pay such worker at the overtime rate for the amount of time which is the difference between such total and such weekly overtime in addition to any other remuneration which such worker may be entitled to receive for such daily overtime.

(3) In these regulations the expression " weekly overtime " means the amount of time in any week for which any employer permits any worker to work after having completed forty-eight hours of work in that week, and the expression " overtime rate " when used in relation to the pay of any worker for doing any industrial work means a rate calculated by increasing by not less than twenty-five per cent. the rate at which such worker would be entitled to be paid for doing such industrial work if it were not done in overtime.

6. These regulations shall come into operation on the 29th day of May, 1936.

By Order of the Minister for Industry and Commerce.

Dated this 29th day of May, 1936.

JOHN LEYDON,

Secretary,

Department of Industry and Commerce.

SCHEDULE.

Jute spinning and manufacturing and the making up and printing of jute and cotton bags.