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Bakeries (Hours of Work) Cap. 99:06 3
CHAPTER 99:07
BAKERIES (HOURS OF WORK) ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Restriction of working hours in bakeries.
4. Power of Minister to make orders modifying the restrictions
imposed by section 3.
5. Power of the Minister to modify the restrictions imposed by
section 3.
6. Overtime.
7. Register of employees.
8. Powers of the Chief Labour Officer and other officers.
9. Offences.
10. Power of magistrate to modify agreements.
11. Saving for work in biscuit factories.
1953 Ed.
___________ c. 120
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An Act to regulate the working hours in bakeries and for purposes 4 of 1946
connected therewith.
[23RD MARCH, 1946]
1. This Act may be cited as the Bakeries (Hours of Work) Act. Short title.
2. In this Act— Interpretation.
“bakery” means any premises in which a person, otherwise than in
pursuance of a contract of service, engages by way of trade or for
purposes of gain in the manufacture of bread or flour
confectionery or in any other work incidental thereto;
“day” means the period between midnight of one night and midnight of
the following night;
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“occupier of a bakery” means a person who, otherwise than in
pursuance of a contract of service, engages, by way of trade or for
purposes of gain, in a bakery in the manufacture of bread or flour
confectionery or in any other work incidental thereto;
“week” means the period between midnight on Saturday night and
midnight on the following Saturday night;
“work incidental to the manufacture of bread or flour confectionery”
includes slicing, wrapping, or otherwise preparing bread or flour
confectionery for sale or distribution and, where the same persons
are employed in manufacture and in distribution, includes work
in or incidental to distribution.
Restriction of 3. Subject to sections 4 and 5, no person shall manufacture bread
working hours or flour confectionery in any bakery or engage in any work incidental
in bakeries.
thereto—
[23 of 1951
19 of 1994]
(a) on any Sunday, except in the work of setting sponge;
or
(c) for more than sixty hours in any week.
Power of 4. (1) The Minister may, subject to the provisions of subsection
Minister to (2) of this section, by order, direct that the restrictions imposed by
make orders
section 3 shall not apply, or shall apply subject to such modifications
modifying the
restrictions as may be specified in the order, in respect of employment in
imposed by bakeries—
section 3.
(a) in dough-making;
(b) in oven-firing;
(c) in work undertaken by reason of a breakdown of
machinery or plant, or other unforeseen emergency;
(d) in work for the purpose of providing supplies for
public holidays and feast days;
(e) in respect of employment in any bakery in work for
the purpose of meeting a sudden and unexpected demand for
bread;
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(f) where the occupier of a bakery is acquiring or erecting
new plant or premises, in respect of employment in that
bakery during such period as the Minister considers
reasonable in the circumstances; and
(g) in work done in any circumstances or for any other
purpose in or for which the Minister is satisfied that special
provision should be made.
(2) No order made under this section shall permit, or shall be
construed as permitting, the employment of any person for more than
seventy-two hours in any week in a bakery in the manufacture of bread
or flour confectionery or in any other work incidental thereto.
(3) Any order made by the Minister under this section may be
made—
(a) for a limited period or without limit of period;
(b) either generally or in relation to any area or to any
description of bakery or premises;
(c) subject to such conditions as he thinks fit,
and may contain such supplemental and consequential provisions as he
considers necessary for giving full effect to the order.
5. The Minister may, where he considers it desirable so to do by Power of the
reason of any breakdown of machinery or plant or other unforeseen Minister to
modify the
emergency, permit the employment of any person in a bakery in the
restrictions
manufacture of bread or flour confectionery on any Sunday. imposed by
section 3.
[23 of 1951
19 of 1994]
6. (1) A person who is employed in a bakery in the manufacture of Overtime.
bread or flour confectionery or in any other work incidental thereto [12 of 1967
shall be paid— 4 of 1972
19 of 1994]
(a) at twice the rate at which he would but for this section
be paid, in respect of work—
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(i) on Sundays, Christmas Day, the day after Christmas
Day if Christmas falls on a Sunday, Eid-UI-Azha Day or,
if that day is a Sunday, the following day, Phagwah Day or,
if that day is a Sunday, the following day, Good Friday,
Easter Monday, Labour Day, that is to say the 1st May, or,
if that day is a Sunday, the following day;
(ii)between the hour of seven in the evening of any day
and the hour of five in the morning of the succeeding day;
and
(b) at one and a half times the rate at which he would but
for this section be paid, in respect of work—
(i)on any public holiday, other than as specified in
paragraph (a) (i); or
(ii)on any day in excess of eight hours:
Provided that where the hours of work, or any of them, under this
paragraph also fall under paragraph (a), the provisions of paragraph (a)
shall apply in respect of such hours.
(2) Any person who contravenes subsection (1) shall be liable
on summary conviction to a fine of thirty-one thousand, two hundred
and fifty dollars.
Register of 7. (1) The occupier of a bakery shall keep a register (hereinafter in
employees. this Act referred to as “the register of employees”) of the persons
employed in the bakery in the manufacture of bread or flour
confectionery or in any other work incidental thereto.
(2) The register of employees shall be in such form, and shall
contain such particulars, as are from time to time prescribed by the
Minister by notice published in the Gazette.
(3) The register of employees shall be kept up to date.
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Bakeries (Hours of Work) Cap. 99:06 7
8. (1) The Chief Labour Officer, the Deputy Chief Labour Officer, Powers of the
the Assistant Chief Labour Officer, any Inspector of Labour, any Chief Labour
Officer and
Assistant Inspector of Labour or any officer or sub-officer of police
other officers.
shall, for the purpose of the execution of this Act, have power— [7 of 1949
12 of 1967]
(a) to enter, inspect and examine at all reasonable times,
by day and night, any bakery and every part thereof, when he
has reasonable cause to believe that any person is employed
therein, and to enter by day any place which he has
reasonable cause to believe to be a bakery; and
(b) to take with him such assistants as he considers
necessary; and
(c) to require the production of the register of employees
kept under section 7, to inspect, examine and make copies of
any entries therein and, if he so thinks fit, to remove the
register to his office; and
(d) to make such examination and inquiry as may be
necessary to ascertain whether the provisions of this Act or
of any order made thereunder or of any enactments for the
time being in force relating to public health are complied
with, in relation to the bakery and any persons employed
therein;
(e) to require any person whom he finds in a bakery to
give such information as it is in his power to give as to the
name and place of residence of the occupier of the bakery;
(f) to examine, either alone or in the presence of any other
person, as he thinks fit, with respect to matters under this
Act, every person whom he finds in a bakery or whom he has
reasonable cause to believe to be or to have been within the
preceding two months employed in a bakery, and to require
every such person to be so examined and to sign a
declaration of the truth of the matters in respect of which he
is so examined:
Provided that no person shall be required under this paragraph to
answer any question or to give any evidence tending to incriminate
himself; and
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8 Cap. 99:06 Bakeries (Hours of Work)
(g) to exercise such other powers as may be necessary for
carrying this Act into effect.
(2) The occupier of every bakery, his agents and servants, shall
furnish the means required by the Chief Labour Officer, or other
officer specified in subsection (1), as necessary for an entry,
inspection, examination, inquiry or otherwise for the exercise of his
powers under this Act in relation to such bakery.
Offences. 9. (1) Where any person is employed in a bakery in the
[7 of 1949 manufacture of bread or flour confectionery or in any other work
23 of 1951
incidental thereto, and any of the provisions of section 3 or 5, or of an
4 of 1972
19 of 1994] order made under section 4, has been contravened in respect of such
employment, the occupier of the bakery shall be liable on summary
conviction to a fine of twelve thousand, five hundred dollars.
(2) Where—
(a) no register of employees is kept as required by
section 7; or
(b) the name of an employee, or of a person who was an
employee, is or has been omitted from such register; or
(c) any particulars required by the notice under section 7
to be entered in the register of employees in respect of any
employee are omitted from the register of employees, or are
inaccurately stated therein,
the occupier of the bakery shall be liable on summary conviction to a
fine of thirty-one thousand, two hundred and fifty dollars.
(3) Any person who—
(a) wilfully delays the examining officer, or any of his
assistants under section 8(1)(b), in the exercise of any power
under that section; or
(b) fails to produce the register of employees which he is
required by that section to produce; or
(c) wilfully withholds any information as to who is the
occupier of any bakery; or
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(d) conceals or prevents, or attempts to conceal or
prevent, a person from appearing before or being examined
by the examining officer; or
(e) in any way obstructs the examining officer in the
exercise of his powers or duties under section 8,
shall be liable on summary conviction to a fine of thirty-one thousand,
two hundred and fifty dollars.
(4) Where an offence under subsection (3) takes place in a
bakery, the occupier of the bakery shall be guilty of an offence under
that subsection.
(5) In subsection (3) the expression “examining officer” means
the Chief Labour Officer or other officer specified in section 8 (1).
10. Where, by reason of an agreement in force at the Power of
commencement of this Act between the lessor and the lessee of magistrate to
premises the whole or any part of which is used for the manufacture of modify
agreements.
bread or flour confectionery or any other work incidental thereto, the
lessee is prevented from carrying out structural or other alterations in
the premises, the lessee may apply to the magistrate of the magisterial
district in which the premises are situate and, if the magistrate is
satisfied that, having regard to the restrictions on hours of work
imposed by or under this Act, the lessee ought reasonably to be allowed
to carry out any such structural or other alterations, the magistrate may
make such order setting aside or modifying the terms of the agreement
as the magistrate considers just and equitable in the circumstances of
the case.
11. This Act shall not apply in respect of the employment of Saving for
persons in a bakery in which the sole or principal work carried on is the work in biscuit
factories.
manufacture of biscuits, or in such part of a bakery as may be specified
in an order made by the Minister, being a part in which the Minister is
satisfied that the sole or principal work carried on is the manufacture of
biscuits.
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Meaning of 12. (1) Subject to subsection (2), the term “employment” shall be
term “employ- deemed for the purposes of this Act to include work being carried on by
ment”. a person on his own account, and the term “employed” shall be
[16 of 1958]
construed accordingly.
(2) Subsection (1) of this section shall not apply to section 7.
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