S.I. No. 161/1936 - Conditions of Employment (Railways ; Public Service Vehicles) (Exclusion) Order, 1936.

STATUTORY RULES AND ORDERS. 1936. No. 161.

CONDITIONS OF EMPLOYMENT (RAILWAYS ; PUBLIC SERVICE VEHICLES) (EXCLUSION) ORDER, 1936.

THE CONDITIONS OF EMPLOYMENT (RAILWAYS ; PUBLIC SERVICE VEHICLES) (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.

AND WHEREAS it is provided by paragraph (e) of sub-section (1) of Section 49 of the said Act that any form of industrial work may be excepted from that sub-section by regulations made by the Minister after consultation with representatives of employers interested in such industrial work and with representatives of workers so interested.

NOW, THEREFORE, the Minister for Industry and Commerce in exercise of the powers him by Sections 29, 49, 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 (Railways ; Public Service Vehicles) (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 Section 38 of Part III of the Act.

4. The said form of industrial work is hereby excepted from sub-section (1) of section 49 of the act.

5. Subject to the provisions of section 41 of the act it shall not be lawful for any employer who employs any worker to work on the said form of industrial work to permit such worker

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

(i) the time in any day when such worker has completed nine hours work;

(ii) the time in any week when such worker has completed forty-eight hours work in that week;

(b) if a young person, to do any industrial work on a Sunday or a public holiday.

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.

(a) Tradesmen and their helpers engaged on running repairs to public service vehicles and in railway engine sheds;

(b) maintenance staffs for coaching vehicles, including omnibuses, and railway wagons in traffic;

(c) workers engaged by Railway Companies on the maintenance and repair of their permanent way and bridges;

(d) workers engaged on the maintenance of machinery and plant in railway workshops.