Page 335 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes Provision if Mandatory or Directory

The surest test for determination as to whether the provisions is mandatory or directory is to see
as to whether the sanction is provided therein.

Weekly Holidays

Every child employed in an establishment shall be allowed in each week, a holiday or one
whole day, which day shall be specified by the occupier in a notice permanently exhibited in

a conspicuous place in the establishment and the day so specified shall not be altered by the

occupier more than once in three months.

This section lays down that a weekly holiday should be allowed to every child
labour.

Notice to Inspector

(1) Every occupier in relation to an establishment in which a child was employed or permitted
to work immediately before the date of commencement of this Act in relation to such
establishment shall, within a period of thirty days from such commencement, send to the
Inspector within whose local limits the establishment is situated, a written notice containing
the following particulars, namely:
(a) the name and situation of the establishment;
(b) the name of the person in actual management of the establishment;

(c) the address to which communications relating to the establishment should be sent;
and,
(d) the nature of the occupation or process carried on in the establishment.

(2) Every occupier, in relation to an establishment, who employs, or permits to work, any child
after the date of commencement of this Act in relation to such establishment, shall, within
a period of thirty days from the date of such employment, send to the Inspector within
whose local limits the establishment is situated, a written notice containing the following
particulars as are mentioned in sub-section (1).
Explanation – For the purposes of sub-sections (1) and (2), “date of commencement of
this Act, in relation to an establishment” means the date of brining into force of this Act in
relation to such establishment.
(3) Nothing in Secs. 7,8and 9 shall apply to any establishment wherein any process is carried
on by the occupier with the aid of his family or to any schools established by, or receiving
assistance or recognition from, Government.

This section makes provision for furnishing of information regarding employment
of a child labour to Inspector.
Explanation – It is now well settled that an explanation added to a statutory provision is
not a substantive provision in any sense of the term but as the plain meaning of the word
itself shows it is merely meant to explain or clarify certain ambiguities which may have
crept in the statutory provision.

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