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 Ordinance No. 5 of 1955: An Ordinance...
 Supplement to Gazette: The Accounts...














Title: Saint Vincent government gazette
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Permanent Link: http://ufdc.ufl.edu/UF00077473/00135
 Material Information
Title: Saint Vincent government gazette
Alternate Title: Government gazette
St. Vincent government gazette
Physical Description: v. : ; 35 cm.
Language: English
Creator: Saint Vincent
Publisher: G.P.O.
Place of Publication: Kingstown, St. Vincent
Kingstown St. Vincent
Publication Date: April 26, 1955
Frequency: weekly
regular
 Subjects
Subject: Gazettes -- Periodicals -- Saint Vincent   ( lcsh )
Genre: federal government publication   ( marcgt )
legislation   ( marcgt )
periodical   ( marcgt )
Spatial Coverage: Saint Vincent and the Grenadines -- Saint Vincent
 Notes
Dates or Sequential Designation: v. 1, no. 1 (1868)-v. 112, no. 48 (Tues., 23 Oct. 1979)
General Note: Description based on: Vol. 111, no. 1 (Tues., 3 Jan. 1978); title from caption.
General Note: Supplements which accompany some numbers contain extraordinary issues, ordinances, statutory rules of order, etc.
 Record Information
Bibliographic ID: UF00077473
Volume ID: VID00135
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 19844741
lccn - sn 89018505
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Succeeded by: Government gazette

Table of Contents
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    Ordinance No. 5 of 1955: An Ordinance to provide for the regulation of the conditions of employment in factories and other plans as regards the health, safety and welfare of persons employed therein for the safety and inspection of certain plant and machinery, and for purposes incidental to, or connected with matters aforesaid
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    Supplement to Gazette: The Accounts of the Colony for the period 1st to 31st January, 1955, are published with this issue of the Gazette
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C.)
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'7


SAINT VINCENT


GOVERNMENT


GAZETTE


VOL. ,8.] SAINT VINCENT. TlESi>AY, 26 APHIL, 19)5.


[No. 25.


GOVERNMENT NOTICES.


No. 177.
LEGISLATIVE COUNCIL CHAMBER.
;d;'tj0It is notified for ienevral in'form tiion that ti re will lie a m etinr of the
Legislative Council ;it the Council Ch(;ibnher. Kingstown. on T'hurday, 5th
May, 1955, at 10.C0 a.m.
A cordial invitation to attend is extenled to the General Public.
26th April, 1955.
(A. 111949 II.)

No. 178.
APPOINTMENTS.
CoTToN CLOSE SEASON. 1955.

Under the provision of Section 8 (1) of the Cotton Protecticn 0l (dii ri(e
Cap. 37, the undermentioned p,.-rsonis have been appointed InsBpecit o f r th}
purpose of the Close Season Regulatiots :-


C. J. Williams
R. E. Lockhart
G. R. Vanloo
D. L. Minors
E. McN. Nash
M. S. Morris
J. H. Crozier
H. V. D). ;*hortte
A. E. Lawrence
J. A. delFreitas
J. C. Dublin
Cornelius Williams
C. B. Matthews
K. D. Bonadie
L. C. Thomas
0. F. Gould
Joshua Jacksoni
C. F. Nichlolls


Agricultnril Assistant (North Wind\;ird)
., (Southl Windwamrd)
4tnior Agricultural Instructor

A.ricultnrl Ilistructor


Junior Agricultural Iini'(ictor


Actin' Jnimior Agtricultural Instructor
Flold A

13,7.21

%5 i?


Sublih d bu lit thoritp.















SAINT VINCENT, TUESDAY, 26 APRIL, 1955.-(No. 25).


Robert Loiii -l:ced
David M3cT;ir
Olive Charles
L. Gooiding
Henry Ha;.kshaw
.lamer Rol)botrs
James Crees"
Th eophilus Harry
Alex Parsons
Jonithmn Babbh
Charle" Bartholotrni
Victor Henillricksoti
Christian Ad(msl
26th April, 1955.
(B. 1411951).


Forest Guard, North Leward
Ranger, Union Island
O/c Land Settlement. 0C;n onaii
Land Settlement Watche r. ]Jequia
., .. Overs(er, Canouan
Roseb;ank
Diamond
Tronmaca
M esopot m ia
Ki ngstown
T.owmnans Hill (Leew:ird)

Barronallie.


No. 179. use of fertilizers, adoption of co-opera-
His Excellency the Acting Governor tive methods in the processing and
has been please:l to 1, e, Mr. CECTI marketing of agricultural products.
ERIC ALBERT RAWLB of Dominica for Also the supervision and, guidance of
appointment to the post of Registrar agricultural credit organizations and
and Aditional Magistrate, t. Vinent. land settlements, and assisting gener-
and Additional ally in conducting the business of the
2. Mr. RAWLE i, expected to arrive Agr:, eltural Department and in the
in St. Vincent on or about 16th May n inst :ion of laws relating to Agri-
next to assume dty. ic l'i. In addition to perform such
2()th April. 1955. other duties as may from time to time
(P. F. 778). He assitgneil to them. The Officers will
be sulij-ct to tih Colonial Regulations,
General Ord ,rs, Financial Rules and all
No. 175. Ordinances and Subsidiary legislation
POSTS OF AGRICULTURAL ASSIST- for the time bein-i in force.
ANTS, DEPARTMEN i' OF AGRICUL- Applicants should furnish testimon-
TIURE, ST. VINCENT. ials (which \\ill not be returned) cer-
tified as true copies by a Justice of the
Applications are invited lor two vt- Peace, Minister of Religion or Head of
cant posts of Agricultural A!ssistants in a Governmient Department.
the Departmeint of Agrictiltur., St. Applications should lie addressed to
Vincent. the Governmni(,t Secretary, Government
The posts which are pensionable Office. St. Vincent and should reach
carry a salary scale of $2,112 x$96- that address not later than 31st May,
$2,976. Consideration will be given to 1955.
the appointment of an applicant at ai 19th April. 1955.


point in excess o1 the mlinimumn ii cir-
cumstances warrant.
No quarters are provideil.
A travelling allowance atccoriinig to
the means of transport used and ap-
proved by the Superintendent of A gri-
culture is payalde.
Applicants should have the DIiplonima
of the Imperial CUollege of Tropical
Agriculture or an equivalent degree.
Experience, especially in extensionsn
work will lie advantageoue5s.
The duties of the otlic-rs will lbe those
assigned to them by i e Siaperinten lent
of Agriculture to wliom they will lhe
directly responsible. Such duties will
include the iinprovepment of both lrge 1
and snmill-scale :tri lnltilre. in a sound
system of land utilization. pay-insg p:r-
ticular attention to the ediiction of
agrieultrrit s i'n .eter f : r i n L'
method.-, su h a-i the :ipplic- tioi of seil
conservAltion niO:isires, the iore effee-
tiv' utilisation of livestock in approp-
riate system o' mixed farntitg,. the


No. 18O.
LEGISLATION.

Tlie lRightt JiHonoural.le Lite Secretary
If State for tie Colonies has notified that
lier Majesty the QUEEN will not be
ad ise(d to exercise her power of dis-
!illowance ii respect of the following
Ordinlince of this Government:-
No. 2 of 1955.-An Ordlinance fur-
ther to anmend the Pensions
Ordintuce,, 1948.
26th April, 1955.


No. 181.
T he o ndern n tioned Ordinance
whlicli lias'beeilisseiited to by the Act-
ini Governor is published for general
inifornation with this issue of the
Gazette :-














SAINT VINCENT, TUESDAY, 26 APRIL, 1955.-(No. 25). 123


5 of 1955.-An Ordinance to pro- the 27th March and 4th April 1955,
vide for the regulation of the inclusive, have been lost at sea.
conditions of employment in fac-
tories and other plans as regards McD. SMITH,
the health, safety and welfare of Oolonial Postmaster.
persons employed therein for the GENERAL POST OFFICE,
safety and inspection of certain ST. VINCENT, B.W.I.,
plant anl machinery, and for 21st April. 1955.
purposes incidental to, or con-
nected with matters aforesaid.


26th Aprl]. 1955.

No. 182.
The Accounts of the Colony for the
period 1st to 31st January, 1955, are
published with this issue of the Gazette.
By Command.
A. L. SAMUEL,
Acting Government Secretary.
GOVERNMENT OFFICE.
26th April. 1955.


DEPARTMENTAL AND
OTHER NOTICES.

EDUCATION NOTICES.

GRAMMAR SCHOOL.
Term I. 1955, will begin on Monday,
9th May, 1955, at 10.30 a.m.
J. F. GORDON,
Acting Headmaster.
26th April, 1955.

GIRLS' HIGH SCHOOL.
Term I, 1955, will begin on Monday,
9th May, 1955, at 10.30 a.m.
J. M. BUCHAN,
Headmisltress.
26th April, 1955.


POST OFFICE NOTICES.

BOXHOLDERS are hereby requested
that all care must he exercise( witti
Keys fot their Letter Boxes :is Duplicate
Keys cannot be easily obtained, a id in
the event of the loss of such keys. great
delay and inconvenience will- be caused
to the boxholders.
Secondly, the instruction issued to
Clerks that letters must not be cleared
from Letter Boxes for delivery to Box-
holders is being strictly adhered to,
and Boxholders are kindly requested to
bring their heys on all occasions.
7th April, 1955.

It is notified f'()r i l] ;n for:nation
that, ;ill letter and parcel mails for BAR-
BADOS posted in St. Vincent between


AGRICULTURAL DEPARTMENT NOTICE.

Notice is hereby given that an Order
in Council gazetted on the 5th April,
1955 declares the Close Season for Cot-
ton to be as follows :-
St. Vincent-from 1st May, 1955-
15th August, 1955.
Bequia and Mustique from 15th
April 1955-31st July, 1955.
St. Vincent Grenadines (except Beq-
uia and Mnstique) from 1st
May, 1955-15th July, 1955.
All Cotton and Ochro plants must be
destroyed before the Close Season com-
mences. Owing to the prevalence of
Pink Boll Worm, growers are asked to
pay particular attention to the cleaning
up of their cotton houses.
Any person not complying with the
Close Season Regulations will liable to
prosecution.
J. M. CAVE,
Superintendent nf Agriculture.
12th April, 1955.


NOTICE TO TAX DEFAULTERS.

It is hereby notified that Warrants
will be issued for the recovery of all
taxes in respect of "Land and Houses"
together with the fines thereon which
have become due as at 31st January,
1955, and still remain unpaid.
A. D. W. JOHNSON,
for Colonial Treasurer.
25th Mairch, 1955.


CONTROL NOTICE.

It is hereby notified for general in-
formation that the prices of Arrowroot
Starch set out in St. Vincent Statutory
Rules and Orders, No. 51 of 1952.
Prices Control (A nendment No. 21)
Notice of 8th July, 195!. nre no longer
in force as this item is now decon-
trolled.
Dated this 26th day of April. 1955.
C. R. WILLIAMS.
for Controller of Supplies.
21st April, 1955.












124 SAINT VINCENT. TUESDAY, 26 APRIL, 1955.-(No. 25).


ATTENDANCE OF DISTRICT REGISTRARS AT THEIR DISTRICIS
FOR PERFORMANCE OF DUTIES.

The un(lermnendioneii District Registrars shall attelrl for tlie perifimaniic
of their duties at their Districts every day, i j im the hour oI eight-thiri3


o'clock in the foreiioon to three
any Banrk or Public Holiday:-
District Registry.
Kingstown

(Jalliaqnua

Mesopotainia


(Georgetown ...
Bridgetown ...
Layou ...

Barrouallie ...
Chateaabelair ...


Coloiiirie

Sandy Bay ...
Bequia
Union Island ...
Mustique ...
Mayreau ...
Canonan ...


o'clock in the alfternooni. except on Sunda\ ard

Name of Officer.
... D. Kson Wcekcs, Esq.,--Deputy
liegistrar.
... The No-Coliumissioned Officer-in-
C.harge, Cullitq'ua Police Station.
... The Non-Commisrioned Officer-in-
Charge, Mesopotamia Police Sta-
tion.
... The Revenue Officer-ij.-Charge.
... Miss Kathleen John.
... The Non-Commissioned Officer-in-
Charge, Layou Police Station.
... The Revenue Officer-in-Charge.
... The Non-Commissioned Officer-in-
Charge, Chateaubelair Police Sta-
tion.
The Nwi-Commissioned Officer-in-
Charge. Colonarie Police Station.
... Richard S. John. Esq.
... The Revetne Officer-in-Charge.
The District Officer.
... Henry Moo, Esq.
George S. Morris, Esq.
... Emmanuiel F. Adams, E-q.


D. ELSON WEEKS,
Acting Regi.sirr- General.


RIEGISTRAR-GENERAL'S
KINGSTOWN,
ST. VINCENT,
23rd April, 1955.


DEPARTMENT,


PUBLIC WORKS NOTICE.

it has been decided to form a Panel
of Contractors, in connection with Gov-
ernment Building projects. and all
interested persons are asked to submit
their names to the Superintendent of
Public Works for inclusion on the
panel, not later than 30th April. 1,955.
2. In f mure, contracts will only be


Given to those persons \whose names are
1on tihe panel.
3. Applicants are required to submit
references relating to work done in the
past, either for Government or private
individuals.
R. (4. SMITH,
Acting Superintendent of Works.
13th April, 1955.


FRINT ET T=3 @OY3RNXMM IMUU, AT 2M S001U3T IIDVTMI OMMOU
KZWEOWN, ST. TDIIIIInI.
1Price 24 cents. I


















SAINT VINCENT.


No. 5 of 1955.

I Assent,

W. MACMILLAN,
Acting Governor,

14th April, 1955.

AN ORDINANCE to provide for the regulation of the conditions
of employment in factories and other places as regards the
health, safety and welfare of persons employed therein, for
the safety and inspection of certain plant and machinery, and
for purposes incidental to, or connected with matters
aforesaid.
[ On Proclamation. ]
Enacted by the Legislature of Saint Vincent.

1. (1) This Ordinance may be cited as the Factories Short title
Ordinance, 1955. Commencement
(2) This Ordinance shall come into operation on such date as and Saving.
the Governor may by Proclamation published in the Gazette
appoint.
(3) Except where otherwise expressly provided, the provisions
of this Ordinance shall be in addition to, and not in substitution
for or diminution of, the provisions of any other Ordinance.

INTERPRETATION.
2. "Factory" in this Ordinance means any premises Meaning of
included in the First Schedule to this Ordinance. "factory ".


3. (1) In this Ordinance unless the context otherwise
requires, the following expressions have the meanings hereby
assigned to them respectively, that is to say :-


Interpretation.








No. 5. Factories. 1955.

"air receiver meaps-
(a) any vessel (other than a pipe or coil, or an accessory,
fitting or part of a compressor) for containing
compressed air and connected with an air compressing
plant; or
(b) any fixed vessel for containing compressed air or
compressed exhaust gases and used for the purpose of
starting an internal combustion engine; or
(c) any fixed or portable vessel (not being part of a spraying
pistol) used for the purpose of spraying by means of
compressed air any paint, varnish, lacquer or similar
material; or
(d) any vessel in which oil is stored and from which it is
forced by compressed air;
bodily injury includes injury to health;
"building operation" means the construction, structural
alteration, repair or maintenance or a building (including
re-pointirig, re-decoration and external cleaning of the
structure) the demolition of a building, and the
preparation for, and laying the foundationtof, an intended
building, but does not include any operation which is a
work of engineering construction within the meaning of
this Ordinance;
"Inspector" means the inspector, appointed under this Ordin-
ance;
class or description 7, in relation to factories, includes a group
of factories described by reference to locality;
"contravention" includes in relation to any provision a
failure to comply with that provision and the expression
contravene" shall be construed accordingly;
driving-belt" includes any driving strap or rope;
fume includes gas or vapour;
harbour" includes harbours properly so called, whether
natural or artificial, piers jetties and other works in or at
which ships can obtain shelter, or ship or unship goods or
passengers;
"machinery includes any driving-belt;
"maintained means maintained in an efficient state, in
efficient working orde--, and in good repair;
"owner means the person for the time being receiving the
rents or profits of the premises in connection with which
the word is used, whether on his own account or as agent
or trustee for any other person, or who would so receive the
same if the premises were let;
"parent" means a parent or guardian of, or person having the
legal custody of, or the control over a, child or young person,
any person having direct benefit from his wages; and
includes in relation to any such child or young person;








No. 5. Factories. 1955;

"prescribed" means prescribed by order of the Governor in
Council;
prime mover means every engine, motor or other appliance
which provides mechanical energy derived from steam,
water, wind, electricity, the combustion of fuel or other
source;
process" includes the use of any locomotive;
quarry" means any excavation for the purpose of mining
stone, slate, granite or their r igneous or metamorphic rocks,
quartz, marble, flint, c lalk, gravel, sand, clay or gypsum,
together with all buildings, 'erections, plant, machinery,
railways, appliances, stores, waste heaps and dumps
belonging or appertain ng thereto;
sanitary conveniences includes urinals, water-closets, earth
closets, privies, ashpits, and any similar conveniences;
steam boiler means any closed vessel in which for any
purpose steam is generated under pressure greater than
atmospheric pressure and includes any economiser used to
heat water being fe. to any such vessel, and any
superheater used for heating steam;
steam container means any vessel (other than r steam pipe
or coil) constructed with a permanent out -t into the
atmosphere or into a space where the pressure does not
exceed atmospheric pressure, and through which steam is
passed at atmospheric pressure, or at approximately tlat
pressure, for the purpose of heating, boiling, drying,
evaporating or other similar purpose;
"steam receiver" means any vessel or apparatus (other than a
steakn boiler, steam container, a steam pipe or coil, 3r a
part of a prime mover) used for containing steam under
pressure greater than atmospheric pressure;
"stone" includes all-kinds of limestone, sandstone, calcareous
sandstone or basalt;
tenement factory" means' any premises where mechanical
power from any prime mover within the close or curtilage
of the premises is distributed for use in manufacturing
processes to different parts of the same premises occupied
by different persons in such manner that those parts
constitute in law separate factories;
transmission machinery" means every shaft, wheel, drum,
pulley, system of fast and loose pulleys, coupling, clutch,
driving-belt or other device by which the motion of a prime
mover is transmitted to or received by any machine or
appliance;
"Woman" means a woman who has attained the age of
eighteen;







' No. 5.


. neral
application.



Applications
to factories
belonging to
Government.


Factories. 1955.

work of engineering construction" means the construction,
structural alteration or repair (including re-pointing and
re-painting) or the demolition of any dock, harbour, tunnel,
bridge, viaduct, waterworks, reservoir, pipeline, aqueduct,
sewer, sewage works, or gasholder,and shall include such
other works as may be specified by regulations of the
Governor;
young person means a person who has attained the age of
fourteen and has not attained the age of eighteen.
(2) A woman, young person, or child who works in a factory,
whether for wages or not, either in a process or in cleaning any
part of the factory used for any process, or in cleaning or oiling
any part of the machinery or plant, or in any other kind of worK
whatsoever incidental to or connected with the process, or
connected with the article made or otherwise the subject of the
process herein, shall, save as is otherwise provided by this
Ordinance, be deemed to be employed therein for the purposes of
this Ordinance or of any proceedings thereunder.
(3) A young person who works in a factory, whether for
wages or not, in collecting, carrying or delivering goods carrying
messages or running errands shall be deemed to be employed in
the factory for the purposes of this Ordinance or of any
proceedings thereunder.
(4) For the purposes of this Ordinance, an apprentice shall
be deemed to be a person employed.


APPLICATION OF ORDINANCE.

4. Sav, as in this Ordinance otherwise expressly provided,
the provisions of this Ordinance shall apply only to factories as
deilned by this Ordinance, but shall, except where the contrary
intention appears, apply to all such factories.

5. (1) This Ordinance shall apply to factories belonging to
or in the occupation of Her Majesty's Government or the
Government of the Colony and to building operations and works
of engineering consLruction undertaken by or on behalf of Her
Majesty's Government or the Government of the Colony; but in
the case of any public emergency the Governor may, by order, to
the extent and during the period named in the order exempt from
this Ordinance any factory belonging to Her Majesty's
Government or the Government of the Colony or any building
operations or works of engineering construction undertaken by or
on behalf of Her Majesty's Government or the Government of the
Colony or any factory in respect of work which is being done on
behalf of Her Majesty's Government or the Gover rent of the
Colony.










(2) In this section-
" Her Majesty's Government" includes any department
thereof; and "Government of the Colony" includes any
department thereof.


6. The Governor in Council may by order declare that the
provisions of certain sections of this Ordinance shall be applicable
to tenement factories, electrical stations, premises in which steam
boilers are used, premises tn which hoists and lifts are used,
institutions, docks, wharves, quays (including any warehouses in
connection with same) and other warehouses, ships on which
work is being carried out in harbour or wet dock, building
operations or works of engineering construction.

7. Where a part of a building is let off as a separate factory
the Governor in Council may by order declare which sections of
tIle Ordinance are to be the responsibility of the owners of the
building and which the responsibility of the occupier of the
factory.


HEALTH, SAFETY AND WELFARE.

8. (1) The occupier of every factory shall-
(a) keep the factory in a clean state;
(b) not permit the factory to be overcrowded;
(c) secure adequate ventilation in the factory;
(d) provide suitable and sufficient lighting therein;
(e) provide effective means for draining floors;
(f) provide suitable and sufficient sanitary conveniences for
the use of the persons employed in the factory.
(2) The Governor in Council may make regulations prescrib-
ing the standards to be achieved in respect to any of the above
obligations and the methods of attaining them.
(3) (a) The Governor in Council may make orders prohibiting
the employment, of any young person in j factory after a
prescribed period of time, being not less than 7 days, unless
he has been examined by a duly qualified medical
practitioner and certified by him to be fit for that
employment.
(b) Such orders may apply to all .factories or to prescribed
classes or descriptions of factories and to all young
persons or to prescribed classes and descriptions of young
persons.
(c) Such orders may also prescribe the conditions and
procedure under which certificates are to be issued.
(4) The Governor in Council may make regulations requiring
arrangements to be made for medical supervision in any factory.


Application of
.Specific
Provisions.






Responsibility
where part of
building is
separate
factory.


Health.


Factories.


No. 5.







No. 5. Factories. 1955.

Safety .. (1) For the purpose of securing the safety of persons
employed in or performing any duty in a factory the following
provisions shall apply to every factory :-
a iere shall so far as is reasonably practicable be provided
and maintained safe means of access to every place at
which any person has at any time to work;
i.lb adequate measures shall be taken for the prevention of fire
!,1 every factory and the provision of adequate means of
c-scape in case of fire for the persons employed therein;
c wi'_,ie in any factory, explosive nr dm;'mmabie dust, gas,
v 'epCr or substance is pres.nft, precautions shall be taken
in cider Lo reduce the risk of fire or explogon to a
n'ninimum,
id all machinery used and every part thereof which Is in use
in any factory shall be made safe to all persons employed
or working in the factory. For this purpose the word
"machinery" shall be deemed to include-
(i) every machine and every part thereof;
(ii) prime movers and every part thereof; and
(iii) transmission machinery including every shaft, wheel,
drum, pulley, system of fast and loose pulleys, driving-
belt or chain, couplings, clutch or. other device by
which the mo-ion of a prime mover is transmitted to
or received by any machinery or appliance;
i.e; every steam boiler, steam container, steam receiver, air
receiver, gas holder or other pressure vessel used in any
factory shall be operated and maintained in such a manner
:i to be safe 6o persons employed or working in the factory;
f *:.i chains, ropes and lilting tackle, cranes and other
lilting machines, hoists and lifts used in any factory shall
St operated and maintained in such a manner as to be
sa:e -c persons employed in the factory;
(g, all floors, steps, stairs, passages and gangways shall be of
iound construction and properly maintained and every
part of the ways, works, machinery or plant used in the
factory shall be in such a condition or so constructed, or so
placed that ic can be used without risk of bodily injury..
(2) The Governor in Council may make Regulations prescrib-
:3 L'Ie s arards to be achieved in respect to any of the above
:.li:s.alri> ;ind 1h-, methods of attaining them.
(3; i. on complaint by :he inspector a magistrate is satisfied
cia1t any pal't of1 ih ways, works machinery or plant used in a
facLory is dan,,erous or cannot be used without danger, or that any
i):'cess oi work am a factory is carried on in such a manner as to
'i, dangerous the magistrate may by order prohibit the use of the
factory or part thereof or oi the machinery or plant either
absolutely or until the danger is remedied.
(4) Where it appears to the Governor in Council that, in view
of the number and nature of accidents occurring in any factory









or class or description of factory, special provision ought to be
made at that factory, or at factories of that class or description
to secure the safety of persons employed therein, he may ma.e
regulations requiring the occupier to make such provision by
arrangements for special supervision in regard to safety,
investigation of the circumstances and causes of accidents, and
otherwise as may be specified in the regulations.

10. (1) The Governor in Council may make regulations
requiring such steps to be taken in connection with-securing the
welfare of persons employed in any factory as may be specified in
such regulations. Such regulations-
(a) may be made for any particular factory, or for factories of
any class or description, or for any class of persons
employed in any factory;
(b) may in particular require-
(i) the provision of an adequate supply of wholesome
drinking water;
(i') the provision of washing facilities;
(iii) the provision of accommodation for clothing not worn
during working hours and for drying such clothing;
(iv) the provision for the use of employed persons of
suitable facilities for sitting during the course of their
employment;
(v) the provision and maintenance so as to be readily
accessible of a first-aid box, or first-aid equipment;
(vi) the provision and maintenance of such other
arrangements as appear to him to be necessary,
including canteens, messrooms, rest rooms, welfare
supervision.
(2) The Governor in Council may make Regulations prescrib-
ing the standards to be achieved in respect to the above regula-
tions and the methods of attaining them.

11. (1) The Governor in Council may make Regulations
prescribing the measures to be taken to protect the persons
employed against the inhalation of any dust, fumes or other
impurities likely to be injurious or offensive to persons employed.
(2) (a) No person shall be permitted to partake of food or drink
in any room where any lead, arsenic or other poisonous
substance is used.
(b) The Governor in Council may by order prohibit the taking
of meals in any room where he is satisfied that it may oe
undesirable or injurious to health to take meals in such
rooms.
(c) Suitable provision shall be made for enabling persons
.employed in any such room to take their meals elsewhere
in the factory.


.Tfare




























Special
Protective
Measures


Factories.


No. 5.







No. 5. Factories. 1955.

(3) The Governor in Council may by order specify any process
which in vulves a special risk of injury to the eyes and may require
the provision ol' suitable goggles or effective screens to protect the
eyes of the persons employed in that process.
(4) Where in any factory workers are employed in any
process involving exposure to wet or to any injurious or offensive
substance the Governor in Council may by order require the
provision and maintenance or suitable protective clothing and
appliances, including where necessary, suitable gloves, footwear,
goggles and head coverings for the use of such workers.
(5) (a) No person shall use white phosphorus in the manufacture
of matches.
(b) For the purpose of this part of the Ordinance the
expression white phosphorus" means the substance
usually known as white or yellow phosphorus.
(6) The Governor in Council may make regulations prohibit-
ing or restricting the carrying on of work in any Underground
room, and may prescribe the standards of construction, height,
light, ventilation, any hygienic conditions and the means of
escape in case of fire to be provided in iny such workroom in
which work is permitted to be carried on.
(7) In every laundry effective steps shall be taken to regulate
the temperature in every ironing room and to carry away the
steam in every washhouse and all stoves for heating irons shall oe
so separated from any ironing room or ironing table so as to
protect the workers from the heat thereof.
(8) The Governor in Council may make regulations prescrib-
ing the maximum weights which may be lifted, carried or moved
by persons employed in factories; and any such regulation may
prescribe different weights in different circumstances, and may
relate either to persons generally or to any class of persons, or to
persons employed in any class or description of factory or in any
process.
(9) (a) Where the Governor in Council is satisfied that any
manufacture, machinery, plant, equipment, appliance,
process or description of manual labour used in factories
is of such a nature as to cause risk of bodily injury or be
offensive to the persons employed, or any class of those
persons he may, subject to the provisions of this Ordinance,
make such special regulations as appear to him to be
reasonably practicable and to meet the necessity of the
case.
(b) Such Regulations may prohibit or restrict the employment
of all persons or any class of persons in circumstances
specified in the regulations, may prohibit, limit or control
the use of any material or process and may apply to all
factories or to any specific class or description of such
factories, may provide for exemption in prescribed
circumstances and may impose obligations on owners of
factories, employed persons and other persons, as well as
on the occupiers of factories.








No. 5.


Factories.

MISCELLANEOUS.


12. '(1) The Inspector shall keep a register of factories
. in which he shall cause to be entered such particulars in relation
to every factory required to be entered under the Ordinance as he
may consider necessary or desirable.
(2) The Governor in Council may make regulations prescrib-
ing the procedure to be followed for registration of factories.
Such regulations may include a requirement that occupiers shall
apply for registration of factories and that the operation of a
factory without a certificate of registration shall be illegal and
may set up an Appeal Board to consider claims by occupiers
against refusal to register.

13. The Governor irn Council may by regulations require:-
(a) such notices to be posted in any factory;
(b) such registers and records to be kept;
(c) such returns of persons employed to be submitted-as may
appear to him to be necessary.

14. The Governor in Council may make regulations to
facilitate the protection of persons employed outside a factory oy
the occupier of a factory in the business of the factory.

15. (1) No person employed in a factory or in any other
place to which any provisions of this Ordinance apply shall
wilfully interfere with or misuse any means, appliance,
convenience or other thing provided in pursuance of this
Ordinance for securing the health, safety or welfare of the persons
employed in the factory or place, and where any means or
appliance for securing health or safety is provided for the use of
any such person under this Ordinance, he shall use the means or
appliance.

(2) No person employed in a factory or in any other place to
which any provisions of this Ordinance apply shall wilfully and
without reasonable cause do anything likely to endanger himself
or others.

18. The occupier of a factory shall not in respect of anything
to be done or provided by him in pursuance of this Ordinance,
make any deduction from the sum contracted to be paid by him
to any person employed or receive or allow any person in his
employment to receive any payment from any such person.


1955.


Registration
of Factory.









JNotices,
Records etc.




Protection of
Outworkers.


Duties of
persons
employed.


Prohibition of
deductions
from wages.


ADMINISTRATION.
17. (1) The Inspector shall be responsible for the admin- Appointment
istration of this Ordinance, except insofar as the Governor in of Inspector.
Council may impose certain duties on other Government officers.








No. 5. Factories. 1955.

(2) The Governor in Council may appoint an inspector,
under whatever title he may from time to time determine, and
such other officers as he thinks necessary for the execution of this
Ordinance, and may remove such. inspector and other officers.

Powers of 18. (1) The Inspector shall, for the purpose of the execution
Inspector. of this Ordinance, have power to do all or any of the following
things, that is to say :-
(a) to enter, inspect and examine by day or by night, a
factory, and every part thereof, when he has reasonable
cause to believe that any person is employed therein, and
to enter, inspect and examine by day, any place which he
has reasonable cause to believe to be a factory and any
part of any building of which a factory forms part and in
which he has reasonable cause to believe that explosive
or highly inflammable materials are stored or used;
(b) to take with him a police officer if he has reasonable cause
to apprehend any serious obstruction in the execution of
his duty;
(c) to require the production of the registers, certificates,
noUices and documents, directed to be kept in pursuance of
this Ordinance and to inspect, examine and copy any of
them;
(d) to make such examination and inquiry as may be necessary
to ascertain whether the provisions of this Ordinance are
complied with, so far as respects a factory and any persons
employed in a factory;
(e) to require any person whom he finds in a factory to give
such information as it is in his power to give as to who is
the occupier of the factory;
(f) to examine, either alone or in the presence of any other
person, as he thinks fit, with respect to matters under this
Ordinance, every person whom he finds in a factory or
whom he has reasonable cause to believe to be or to have'
been within the preceding three months employed in a
factory, and to require every such person to be so
examined and to sign a declaration of the truth of the
matters respecting v/hich he is so examined; so, however,
that no one shall be required under this provision to
answer any question or to give any evidence tending to
incriminate himself;
(g) in the case of an inspector who is a duly qualified medical
practitioner, to carry out such medical examinations as
may be necessary for the purposes of his duties under this
Ordinance;
(h) to exercise such other powers as may be necessary for
carrying this Ordinance into effect.










(2) The Inspector may, although he is not a qualified legal
practitioner prosecute, conduct or defend in any legal proceedings
arising under this Ordinance or in the discharge of his duties as
an inspector.
(3) Where the Inspector is of opinion that the employment of
any young person in a factory or in any particular process or kind
of work in a factory is prejudicial to his health or the health of
other persons, he may serve written notice thereof on the
occupier of the factory requiring that the employment of that
young person in the factory or in the process or kind of work, as
the case may be, be discontinued after the period named therein,
not being less than one nor more than seven days after the ser-
vice of the notice and the occupier shall not continue after the
period named in the notice to employ that young person, unless,
after the service of the notice, the young person has been exam-
ined by a duly qualified medical practioner, and certified by him
to be fit for employment in the factory or in the process or kind
of work as the case may be.
(4) (a) The Inspector may take for analysis samples of mate-
rial used, or intended to be used, in a factory, which
he thinks may prove on analysis to be likely to cause
bodily injury to the persons employed.
(b) The Governor in Council may make regulations pre-
scribing the procedure to be followed in taking
samples.


19. The Inspector shall be furnished with a certificate of
his appointment, and when visiting. a factory or place to which
any of the provisions of this Ordinance apply shall, if required,
produce the said certificate to the occupier of, or other person
holding a responsible position of management at, the factory.

20. The occupier of every factory, his agents and employees
shall furnish the means required by the inspector as necessary
for an entry, inspection, examination, inquiry, the taking of
samples, or otherwise for the exercise of his powers under this
Ordinance in relation to that factory.

21. If any person who, in pursuance of powers conferred by
this ordinance or any regulations or orders made thereunder,
enters or is admitted into any factory or place discloses, without
the permission 6f the occupier, to any person any information
obtained by him in a factory or place with regard to any manu-
facturing process or trade secret, he shall, unless such disclosure
was made in the performance of his duty, be guilty of an offence
and liable to a fine of five hundred dollars or imprisonment for
three months or both such punishments.


Certificate of
appointment
of inspector.



Duty to furnish
means for
inspector.



Penalty for
disclosure of
trade secrets.


No. 5.


Factories.


1955.









Issue and
revocation of
certificates.


Provisions as to
Regulations
and Orders
made under this
Ordinance.




Offences.































Provisions
regarding
continuing
off ences.


22. Any certificate issued under or for the purposes of this
Ordinance by the Inspector may be issued for a limited period
or without limit of period and may be varied or revoked by
the Inspector issuing the same, or any successor in office.

23. Any Regulation or Order made under this Ordinance may
ie made ior a limited period or without limit of period and may
be made subject to such conditions as the authority or person
wnicn or who made the Regulation or Order thinks lit, and may
contain such supplemental and consequential provisions as that
authority or person considers necessary for giving full effect to
Ute Regulation or Order.

OFFENCES, PENALTIES AND LEGAL PROCEEDINGS.
24. (1) in the event of any contravention in or in connection
with or in relation to a factory, of the provisions of this Ordinance,
or of any regulation or order made thereunder, the occupier or
(if the contravention is one in respect of which the owner is by or
under this Ordinance made responsible) the owner, of the factory
shall, subject as hereinafter in this Ordinance provided, be guilty
of an offence. ,., 5
(2) In the event of a contravention by an employed person of
the proviions of this Ordinance with respect to duties of persons
cmpluyea or of a contravention by any person of any regulation )r
crder made under this Ordinance which expressly imposes any
duty upon him, that person shall b'e guilty of an offence and the
occupier or owner, as the case may be, shall not be guilty of an
offence in respect of that contravention unless it is proved that he
failed to take all reasonable steps to prevent the contravention.
(3) If the occupier of a factory avails himself of any special
exception allowed by or under this Ordinance and fails to comply
with any of the conditions attached to the exception, he shall be
deemed to have contravened the provisions of this Ordinance.
(4) If any persons are employed in a factory otherwise than
in accordance wiith -he provisions of this Ordinance or of any
regulation or order made thereunder, there shall be deemed to oe
a separate contravention in respect of each person so employed.
(5) Where an offence under this Ordinance committed by a
company or other body of persons is proved to have been
committed with the consent or connivance of, or to have been
facilitated by any neglect on the part of, any director, chairman
manager, secretary or other officer of the company, or other body
of persons, he, as well as the company, or other -body of persons,
shall be deemed to be guilty of the offence and shall be liable to
be proceeded against and punished accordingly.

25. It is hereby declared that where the contravention of any
provision of this Ordinance is a continuing offence-
(a) the recommencement of such offence after any interval
constitutes a fresh offence;


No. 5.


Factories.


1955.









(b) a prosecution may be institute, and the person accused
may be convicted and sentenced from time to time in
relation to any portion of the period during which the
oilence continues to be committed, not being a portion of
such period in relation to which the person accused has
been previously convicted and sentenced for the offence.


26. Subject as hereinafter in this Ordinance or in any
Regulations or Orders made thereunder provided, any person
guilty of an offence under this Ordinance or in any Regulations or
Orders made thereunder for which 1o express penalty is provided
by this Ordinance or in any Regulations or Orders made
thereunder shr.ll be liable to a fine no. exceeding one hundred
dollars, and, if the contravention in respect of which he was so
convicted is continued after the conviction he shall (subject to the
provisions of section 27 of this Ordinance) be guilty of a further
offence and liable in respect thereof to a fine not exceeding
twenty dollars for each day on which the contravention was
so continued.

27. Where the occupier or owner of a factory is convicted of
an offence under this Ordinance, the court may, in addition to or
instead of inflicting a line, order hini, within the time specified in
the order, -o take such steps as may be so specified for remedying
the mattcis in respect of which the contravention occurred, and
may, c.n application, enlarge the time so specified, and where such
an order is made, the occupier or owr1er shall not be liable under
hiis Ordinance in respect of the continuation of the contravention
during the time allowed by the court, but if, after the expiration
of that time as originally specified or enlarged by subsequent
order, the order is not complied with, the occupier or owner, as
the case may be, shall be liable to a fine not exceeding twenty
dollars for each day on which the non-compliance continues.

28. If any person is killed, or dies, or suffers any bodily
injury, in cor.equence of the occupier or owner of a factory
having contravened any provision of this Ordinance or of any
regulation or order made thereunder, the occupier or owner of
the factory shall, without prejudice to any other penalty, be
liable to a fine not exceedinrg five hundred dollars; and the whole
or any part of the fine may be applied for the benefit of the
injured person or his family or otherwise as the Governor in
Council determines :
Provided that-
(a) in the case of injury to health, the occupier or owner shall
not be liable to a fine under this section unless the injury
was caused directly by the contravention; and
(b) the occupier or owner shall not be liable to a fine under
this section if proceedings against him under this


Fines for
offences for
which no
express penalty
provided.








Power of
court to order
cause of
contravention
to be remedied.









Fines in case of
death or injury


No. 5.


Factories.


1955.










Ordinance in respect of the act or default by which the
death or injury was caused, have taken place and been
dismissed before the death or injury occurred.


Forgery of
certificates,
false entries,
and false
declarations.
























Penalty for
persons actually
committing
offence for
which occupier
is liable.

Penalty for
obstruction, etc.


29. If any person-
(a) forges or counterfeits- any certificate required by, under, or
for the purposes of, this Ordinance or any order or
regulation made thereunder;
(b) gives or signs any such certificate knowing it to be false in
any material particular;
(c) knowingly utters or makes use of any such certificate so
forged, counterfeited, or false as aforesaid;
(d) knowingly utters or makes use of as applying to any person
any such certificate which does not so apply;
(e) personates any person named in any such certificate;
(f) falsely pretends to be an inspector;
(g) wilfully connives at any such forging, counterfeiting,
giving, signing, uttering, making use, personating or
pretending as aforesaid;
(h) wilfully makes a false entry in any register, notice,
certificate, or document required by, under or for the
purposes of this Ordinance or any order or regulation
made thereunder to be kept or served or sent;
(i) wilfully makes or signs a false declaration required by,
under or for, the purposes of this Ordinance or any order
or regulation made thereunder;
(j) knowingly makes use of any such false entry or declaration
as aforesaid;
he shall, without prejudice to any other penalty, be guilty of an
offence under this Ordinance, and liable to a fine not exceeding
five hundred dollars, or to imprisonment for a term not exceeding
three months.

30. Where an act or default for which an occupier or owner
is liable under this Ordinance is in fact the act or default of some,
agent, servant, worker or other person, that agent, servant, worker
or other person shall be guilty of an offence and liable to the like
fine as if he were the occupier or owner, as the case may be.


31. (4) Any person who-
(a) obstructs or delays an inspector in the due exercise of any
power conferred on him by or under this Ordinance; or
(b) refuses to answer, or answers falsely, any injury authorised
by or under this Ordinance to be made; or
(c) fails to produce any register, certificate, book, or document,
he is required by or under this Ordinance to produce; or
(d) conceals or prevents, or attempts to conceal or prevent,
any person from appearing before or being examined by
the Inspector;


1955.


Factories.


No. 5.








No. 5. Factories. 1955.

shall be guilty of an offence and liable on conviction thereof to a
fine not exceeding twenty-five dollars or to imprisonment for one
month and, in the case of a second or subsequent conviction
under this section within two years from the last conviction
for the same offence, to a fine of one hundred dollars or to
imprisonment for two months.
(2) Where an offence against subsection (1) is committed in
a factory by a person other than the occupier thereof, both that
person and the occupier of the factory shall be guilty of that
offence.

32. (1) Where the occupier or owner of a factory is charged Power of
with an offence under this Ordinance, he shall be entitled upon occupier or
information duly laid by him and on giving to the prosecution owner to
not less than three days' notice in writing of his intention, to have exempt himself
any other person whom he charges as the actual offender brought from liability on
before the court at the time appointed for hearing the charge; conviction of
and if, after the commission of the offence has been proved, the the actual
occupier or owner of the factory proves to the satisfaction of the offender.
court-
(a) that he has used all due diligence to enforce the execution
of this Ordinance and of any relevant order or regulation
made thereunder; and
(b) that the said other person had committed the offence in
question without his consent, connivance or wilful default;
that other person shall be summarily convicted of the offence
and the occupier or owner shall not be guilty of the offence and
the person so convicted shall, in the discretion of the court, oe
also liable to pay any costs incidental to the proceedings.
The prosecution shall have the right in any such case to
cross-examine the occupier or owner if he gives evidence and any
witnesses called by him in support of his charge, and to call
rebutting evidence.
(2) When it is made to appear to the satisfaction of the
Inspector at the time of discovering an offence-
(a) that the occupier or owner (as the case may be) of the
factory has used all due diligence to enforce the execution
of this Ordinance; and
(b) by what person the offence has been committed; and
(c) that it has been committed without the consent,
connivance or wilful default of the occupier or owner and
in contravention of his orders,

the inspector shall proceed against the person whom he believes
to be the actual offender without first proceeding against the
occupier or owner of the factory.







No. 5.

Proceedings
against persons
other than
occupiers
or owners.




Owner of
machine liable
in certain
cases instead of
occupied.



Prosecution
of offences
and recovery
and application
of fines.

























Special
provisions as
to evidence.


Factories.


'A3. Where, under this Ordinance, any person is substituted
for the occupier or owner with respect to any provisions of this
Ordinance, any order, summons, notice, or proceeding, which for
the purpose of any o01 those provisions is by or under this
Ordinance required or authorised to be served on or taken in
relation to the occupier or-owner, is hereby required or authorised
(as the ca:re may be) to be served on jr taken in relation to that
person.

34. Where in a factory the owner or hirer of a machine or
implement moved by mechanical power is some person other than
the occupier of the factory, the owner or hirer shall, so far as
respects any offence under this Ordinance committed in relation
to a person who is employed in or about or in connection with
that machine or implement, and is in the employment or pay of
the owner or hirer, be deemed to be the occupier of the factory.

35. (1) In any proceedings under this Ordinance it shall be
sufTPcient in the information to allege that the factory is a factory
within the meaning of this Ordinance and to state the name of
the ostensible occupier of the factory, or, where the occupier is a
firm, the title of the firm.
(2) Where, with respect to or in consequence of any accidents
in a factory, a report is made by any authority appointed to hold
a formal investigation under any law, or a coroner's inquest 4s
held, and it appears from thel report, or from the proceedings at
Ihe inquest, that any of the provisions of this Ordinance, or any
orders or regulations made thereunder, were not complied with at
or before the time of the accident, summary proceedings against
any person liable to be proceeded against in respect of such non
compliance may be commenced at any time within three months
afo r the making of the report or the conclusion of the inquest.
(3) Where an offence is committed under this Ordinance by
reason of a failure to make an examination enter a report, or do
any other thing, at or within a time specified by this Ordinance
or any regulation or order made thereunder, the offence shall be
deemed to continue until the examination is made, or the report
entered. or the other thing done, as the case mAay be.
(4) Where a prco ,';ding is taken before a court with respect
to an offence under this Ordinance alleged to be committed in or
with reference i: : factory, no person shall be qualified to act as
a member of the court who is the occupier or owner of the factory,
or the husband, wife, parent, son, daughter, brother, or sister of
the occupier or owner of the factory, or a person engaged in, or an
officer of any association of persons engaged in, the same trade or
occupation as any person charged with the offence.

36. (1) If a person is found in a factory at any time at which
work is going on or the machinery is in motion, except during the
intervals for meals or rest, he shall, until the contrary is proved be


1955.








No. 5.


deemed for the. purposes. of this Ordinance to have been then
employed in the factory, :
Provided that, this subsection shall not apply to a factory
in, which the. only persons employed- are members of the same
family dwelling there.
(2.). Where in any proceedings under this Ordinance with
respect to a young person it appears to the court that that young
person is apparently of or below the age alleged by the informant,
it shall, lie on the defendant to prove that the young person is not
of or below that age.
(3) Where any entry-is required by this Ordinance or by any
order or regulations made thereunder to be made in the general
register or in any other register or record, the entry made by the
occupier of a factory or on his behalf shall, as against him, be
admissible as evidence of the facts therein stated, and the fact
that any entry so, required with respect to the observance of any
provisions of this Ordinance or of any order or regulation made
thereunder has not been made, shall be admissible as evidence
that that provision has not been observed.


3M7. (1) Any, document (including any summons or order)
required or authorised to be served under this Ordinance may be
served-
(a) on any person by delivering it to him, or by leaving it at,
or sending it by post to, his residence;
(b) on any firm by delivering it to any partner of the firm, or
by leaving it at, or sending it by post to, the offce of the
firm;
(c) on the owner or occupier of a factory (including any such
owner or occupier) being a limited company, in any such
manner as aforesaid, or by delivering it, or a true copy
thereof, to any person apparently not under the age of
sixteen years at the factory.
(2) Any such document may be addressed for the purpose of
the service thereof on the occupier of a factory, to the occupier"
at the proper postal address of the factory, without further name
or description.
(3) the foregoing provisions of this section shall apply with
the necessary modifications to documents required or authorised
under this Ordinance to be sent to any person, firm, owner or
occupier, and to the sending, addressing, and delivering of such
documents.

38. Where the age of any person is required to be ascertained
or proved for the purposes of this Ordinance any person shall on,
application and on payment of a fee of twenty-four cents, be
entitled to obtain a certified extract under the hand of the
Registrar of the entry in the register under the Registration of
Births and Deaths Ordinance of the birth of that person.


Service and
sending of
documents, ete.




















Certificates
of Birth


Cap. 160


19Mi.


Factories.







Factories.


Power of court
to modify
agreements.











Power of court
to apportion
expenses














Repeal and
Saving.
No. 20 of 1943.
No. 29 of 1943.


39. If by reason of an agreement between the owner and the
occupier of premises the whole or any part of which has been let
as a factory the said owner or occupier is prevented from carrying
out any structural or other alterations in the premises which are
necessary to enable him to comply with the provisions of this
Ordinance or of any regulation or order made under this
Ordinance or in order to conform with any standard or
requirement imposed by or under this Ordinance, he may apply in
accordance with Rules of Court to the Supreme Court, and the
court, after hearing the parties and any witnesses whom they
desire to call, may make such an order setting aside or modifying
the terms of the agreement as the court considers just and
equitable in the circumstances of the case.

40. Where in any premise,,; the whole or any part of which
has been let as a, factory any structural or other alterations are
required in order to comply with the provisions of this Ordinance
or of any regulation or order made under this Ordinance or :n
order to conform with any standard or requirement imposed by or
under this Ordinance and the owner or occupier as the case may
be alleges that the whole or part of the expenses of the alterations
ought to be borne by the occupier or owner, the owner or occupier
may apply in accordance with Rules of Court to the Supreme
Court, and the court, after hearing the parties and any witnesses
whom they may desire to call, may make such an order concerning
the expenses or their apportionment as the court considers just
and equitable in the circumstances of the case, regard being had
to the terms of any contract between the parties, or in the
alternative the court may at the request of the owner or occupier
determine the lease.

41. The Factories Ordinance, 1943, and any amendments
thereto are hereby repealed.
Provided that all regulations made under the Ordinances
hereby repealed and in force at the time of coming into
operation of this Ordinance shall be deemed to have been made
and given under this Ordinance, and shall continue in force
until other provision shail be made by virtue of this Ordinance.


FIRST SCHEDULE


(Section 2).


Interpretation of expression factory "

(1) Subject to the provisions of this Ordinance, the expression factory" means
any premises in which, or within the close curtilage or precincts of which,
persons are employed in manual labour in any process for or incidental to
any of the following purposes, namely :-


1955.


No. 5.








No. 5. Factories. 1955.

(a) the making of any article or of part of any article; or
(b) the altering, repairing, ornamenting, finishing, cleaning or washing, or
the breaking up or demolition of any article; or
(c) the adapting for sale of any article;
being premises in which, or within the close or curtilage or precincts of
which, the work is carried on by way of trade or for purposes of gain and to
or over which the employer of the persons employed therein has the right of
access or control; and (whether or not they are factories by reason of the
foregoing definition) the expression "factory" also includes the following
premises in which persons are employed in manual labour, that is to say:-
(i) any yard or any dock (including the precincts thereof) in which ships
or vessels are constructed, reconstructed, repaired, refitted, finished or
broken up;
(ii) any premises in which the business of sorting any articles is carried
on as a preliminary to the work carried on in any factory or
incidentally to the purposes of any factory;
(iii) any premises in which the business of washing or filling bottles or
containers or packing articles is carried on incidentally to the purposes
of any factory;
(iv) any laundry carried on as ancillary to another business, or incidentally
to the purposes of any public institution;
(v) any premises in which the construction, reconstruction or repair of
vehicles or other plant for use for transport purposes is carried
on as ancillary to a transport undertaking or other industrial or
commerical undertaking, not being any premises used for the purpose
of housing vehicles where only cleaning, washing, running repairs
or minor adjustments -are carried out;
(vi) any premises in which printing by letter-press, lithography,
photogravure, or other similar process, or bookbinding is carried on by
way of trade or for purposes of gain or incidentally to another business
so carried on;
(vii) any premises in which the making, adaptation or repair of dresses,
scenery or properties is carried on incidentally to the production,
exhibition or presentation by way of trade or for purposes of gain of
cinematograph films or theatrical performances, not being a stage or
dressing-room of a theatre in which only occasional adaptation or
repairs are made;
(viii) any premises in which the business of making or mending nets is
carried on incidentally to the fishing industry;
(ix) any premises in which the mechanical power is used in connection
with the making or repair of articles of metal or wood incidentally to
any business carried on by way of trade or for purposes of gain;
(x) any premises in which articles are made or prepared incidentally to
the carrying on of building operations or works of engineering
construction, not being premises in which such operations or works
are being carried on;
(xi) any waterworks or other premises in which mechanical power is used
for the purposes of, or in connection with, a public water supply;







No. 5. Factories. 1955.

(xii) any sewage works in which mechanical power is used and any pumping
station used in connection with any sewage works;
(xiii) any irrigation works in which mechanical power is used and any
pumping station used in connection with any irrigation works;
(xiv) any hydraulic power generating works;
(xv) any quarry.
(2) Any line or siding (not being part of a railway) which is used in connection
with and for the purposes of a factory, shall be deemed to be part of a factory;
if any such line or siding is used in connection with more than one factory
belonging to different occupiers, the line or siding shall be deemed to be a
separate factory.
(3) A part of a factory may, with the approval in writing of the chief inspector,
be taken to be a separate factory and two or more factories may, with the
like approval, be taken to be a single factory.
(4) Any workplace in which, with the permission of or under agreement with the
owner or occupier, two or more persons carry on any work which wouldcon-
stitute the workplace of a factory if the persons working therein were in the
employment of the owner or occupier, shall be deemed to be a factory for the
purposes of this Ordinance, and, in the dase of any such workplace not being
a tenement factory or part of a tenement factory, the provisions of this
Ordinance shall apply as if the owner or occupier of the workplace were the
occupier of 6he factory and the persons working therein were persons
employed in the factory.
(5) Where a place situate within the close, curtilage, or precincts forming a
factory is solely used for some purpose other than the processes carried on in
the factory, that place shall not be deemed to form part of the factory for the
purposes of this Ordinance, but shall, if otherwise it would be a factory, be
deemed to be a separate factory.
(6) Premises -hall not be excluded from the definition of a factory by reason only
that they are open air premises.
(7) Where the Director, by certificate in writing, so directs as respects all or any
purposes of i:his Ordinance, different branches or departments of woqk
carried on in the same factory shall be deemed to be different factories.
(8) Any premises belonging to or in the occupation of Her Majesty's Government
or any department thereof, or of the Government of the Colony or any
department thereof, or of any local authority, shall not be deemed not to be a
factory, and building operations or works of engineering construction
undertaken by or on behalf of Her Majesty's Government or any
department thereof, or the Government of the Colony or any department
thereof, or any local authority, shall not be excluded from the operation of
this Ordinance, by reason only that the work carried, on threat is not carried
on by way of trade or for purposes of gain.,

SECOND SCHEDULE. (S 13).

Particulars to be Submitted by Occupier or Intending Occupier of a Factory.

1. 'Name of the occupier or intending occupier of the factory.
2. Address and location of the factory.
3. Nature of the work carried on, or.proposed to be carried on in the factory.








No. 5. Factories. 1955.

4. Whether mechanical power is used or intended to be used and, if so, its nature.
5. Whether steam boilers are used or intended to be used and, if so, the following
particulars in respect of each such boiler-
(a) type, description and distinctive number;
(b) country and year of manufacture;
(c) date of the last thorough examination and name of the person by whom
the examination was made;
(d) maximum permissible working pressure in pounds per square inch.
6. (a) Total number of persons employed or intended to be employed, in the
factory;
(b) Where persons are employed, or intended to be employed, in shifts, the
maximum number employed, or intended to be employed, at any one
time.

Passed the Legislative Council this 10th day of March, 1955.

0. E. LEIGERTWOOD,
Acting Clerk of Legislative Council.
(J. 85/1948).

PRINTED BY THE GOVERNMENT PRINTER, AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 84 cents. ]
1955.






SAINT VINCENT.
Comparative Statement of Revenue for the period 1st January-31st January, 1955.


Heads of Revenue.


1. Import Duties-
Import Duty
Warehouse Rent
2. Export -Duty
3, Excise Duty on Rum
Cess on Sugar
4. Other Duties
5. Licences-Liquor ...
Motor Vehicles, &c. ...
Other ...
6. Taxes-Income Tax ...
Land and Rlouse Tax
Other Taxes ...
7. Port and Harbour Dues-Tonnage ...
Port ...
Landing Dues, Aircraft ...
8. Other Fees of Court, &c. ...
9. Post Office
10. Telephone ...
11. Rent of Government Property
Interest ...
12. Sales and Leases of Crown Lands ...


11B. Loans and Advances-Repayments ...

13. Colonial Development & W/fare Schemes ...
14. Deferred Maintenance
15. Grant-in-Aid-Normal


Total Revenue


Estimate
for the
year
1955.
$
710,000
3,500
322,700
225,000
3,300
167,000
11,500
17,500
8,260
262,000
39,000
19,000
12,200
3,500
10
154,551
183,400
10,400

13,025
10.125


149,283

278,989
32,500
329,780


$ 12,966,523


Actual tRevenue
for the period ot
the return.


$ c.
54,838 28
232 22
26,993 75
16,404 76
584 75
245 60
3,792 14
6,041 75
3,015 49
.3,071 28
1,229 60
885 72
1,752 11
319 50

12,802 82
456 72
1,292 71
326 91
131 28
265 74
134,683 13

659 50
135,342 63
16.853 96


Revenue for
same period of
preceding year.


$ c..
61,125 76
276 86
26,769 18
11,801 57
585 16
1,704 47
3,483 75
6,307 32
2,990 86
10,986 24
1,006 88
1,606 53
1,336 52
228 00

7,246 90
5,559 80
1,132 30
386 22
311 49
163 29
145,009 10

325 00
IA I ')A 1


id,0'1 4 u 0
Dr 6.877 38


Increase. Deoreme.


$


224
4,603


308

24

222

415
91

5,555

160


102
11,709

334


118,488 67 152,211 48 12,043


$ .**
6,287 48.
44 64


... 41
1,458 87

265 57

7,914 96

720 81




5,103 08

59 31
180 21

22,035 34


22,035 34
23,731 34



45,766 68


Comparative Statement of Expenditure for the period 1st January-31st January 1955.


Estimate Actual Expen-
forthe ditu.re for the 'Expenditure for
HeadA of Expenditure. year period of same period of Increa se,
1955. j the return. precedir g year.
Sc. $ c. $ c.
L Governor ...1 14,208
2. Legislature ... 19,920 590 00 550 00 40 00
:3. Ainiiiistration ... 124,615i 11,026 36 8,301 93 2,724 43
4. Agriculture ... 110,251 6,354 74 5,879 10) 475 64
5.- Audit ... 17,005 1,132 90 1,041 30 91 60
6. Central Housing Authority ... ,000 ... ... ... ...
GA. Ciintral Road Authiority ... 205,125 2,591 14 1,051 27 1,539 87
rB. Central Wat'-r Authority ... 27,5 9.4 637 98 901 77 .
7. Charitable ... 31,508 1,686 98 1,662 34 24 64
9. Education ... 365,348& 27,598 48 25,577 08 2,021 45
11. Judicial ... 46,210 2,369 41 2,530 07 ...
12. Labour. ... 11,170 840 00 800 88 39 12
13. Lands and Survey ... 19,425 975 09 1,459 63 ...
14. Legal ... 7,673 584 00 806 00
14A. Loans ... 148,000 ...
15. Medical ... 464,928 27,299 34 21,721 79 5,577 55
16. Miscellaneous ... 117,199 4,304 91 3,180 09 1,124 82
17. Pensions ... 58,130 3,629 34 3,319 42 309 92
18. Police ... 189,948 13,912 88 13,918 91
19. Port an Marine ... 45,484 3,062 86 2,273 30 789 56
20. Popt Oflice ... 56,550 3,212 57 2,536 93 675 64
21.-Prisons ... 60,409 4,665 90 6,399 82 ..
22. I' ,di, Doebt ... 37,551 12,651 14 12,696 64 ...
23. Public Library ... 10,030 532 90 308 34 224 56
2?. Public Works Department ... 78,303 5,961 18 4,301 43 1,659 75
25. PI'blic Works Recnrrent ... 100,645 3,85.' 78 6,606 94
'8. Sbhventions ... 82,084 36,158 37 322 72 35,835 65
:0. 'T'eloolone .. 27,716 1,858 05 1,632 94 225 11
1. l'rI'esrv ... 79,795! 8,970 36 6,417 69 2,552 67
186.460 66 136,198 28 0 55,931 98

26; Puiihl Works Extraordinary ... 90,2101 3,762 22 420 04 3,342 18
?6A Deferr(d Maintenance ... 32,500 ... ... 5,676 95 ...
190,222 88 142,295 27 59,274 16
CGloni;il Dovelonmentand Welfare Schemes 278,989 8,830. 85 10,349 70 ...
Fotal Expenditure $ 2,966,523 199,053 73 152,644 .97 59,274 16


TREASURY,
15th April, 1955.
(F. 20/1952 II).


PETER R. ELLS,
Colonial Treasurer.


Decrease.

$ c.






263 79


160 66

484 54
222 00



6 03


1,733 92
45 5.


2,753 79



,,669 60


5,676 95
11,346 55

1,518 85
12,865 40
12,865 40







Statement of Assets and Liabilities of the Colony of Saint Vincent as at 31st January, .1955.


1954

$ c.
137,627 00 DEPOSITS :-
Special Funds
Less Investments therein

OVERDRAFT:-

Crown Agents Joint Colonial Funid

Less Cash:-

T'reasury and Sub-Treasuries
Barclays Bank
Crown Agents Currmnt ajc
Crown Agents Remittances
Drafts and Remittances
Irnprests


327,144 00 GENERAL REVENUE BALANCE :-


464,771 00


$ c. $ c.

... 8 1,051 (0
... 733,781 00 147,270 00



... 249,600 00


S c.i
12,906.00
37,393.00
1,400.00
62.100.00
'80O.00 I
11,94(i.00 126,215 00 123,385 00


1954

$ c.
305,635 00 ADVANCES :-
Anthorised Specifically
Other Advances


Less Other Deposits


160,136 00


Balance as at 1st January 1955 ... 298,521 00
Revenue (net) to 31st January 1955 135,343.00 i
Expenditure (net) to 31st Jannary 1955 190,223.00 54,880 00

Colony Surplus as at 31st January 1955 ... 243,641 00
Less C.D.W. Expenditure at 31st Janua y 1955 ... 25,685 00

217,956 00 0
Add Colony Reserve Fund ... 35,322 00 253,278 00

523,933 00 1 464,771 00


3 c.

... 776,135 00
... 157,417 00

9:33,552 00
... 409,619 00


CASH:


523,933 00























523,933 00


NOTES:-
1. The Public Debt as at 31st January. 1955 sood at $637,875.
2. The Accummulated Fund for the redemptii of the Debt at 31st January, 1955 stood at $170,022.


TREASURY CHAMBERS,
SAINT VINCENT, B.W.I.
15th April, 1955.


PETER R. ELLS,
Colonial Tre.surer.




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