(1) Notuwit fla‘xduw anythmu cox\umed in the Puym«‘nl ofWanm Act. 1936, the i 1or1936.
;G or 1986 i &0 g 1 ! 45 of 1860.
g THE GAZETTE OF INDIA EXTRAORDINARY 11 Regulation shall apply to all or any class of employees and their employers in establishments to which this Regulation applies and the said Act or the provisions thereof, as the case may be, shall be applicable as if the same had been enacted in this Regulation.
(2) On the application of the provisions of the Payment of Wages Act, 1936 to the employees and employer of any establishment under sub-section (/), the Inspector appointed under this Regulation shall be deemed to be the Inspector for the purpose of the enforcement of the provisions of the said Act within the Jocal limits of his jurisdiction.
19. The provisions of the Workmen’s Compensation Act, 1923 and the Maternity Benefit Act, 1961 and the rules made thereunder shall apply mutatis mutandis to the employers and the employees of establishments to which this chulalion applies.
20. No child shall be employed in any establishment except as provided in the Child Labour (Prohibition and Regulation) Act, ]986.
*21. No woman or a young person shall be required or permitted to work whether as an employee or otherwise in any establishment during night.
CHAPTER V ENFORCEMENT AND INSPECTION
22. The Administrator may, by notification, appoint such number of Inspectors as may be necessary for the purposes of carrying out the provisions of this Regulation and define the local limits of jurisdiction within which they shall exercise their functions.
23. Subject to the rules made under this Regulation, an Inspector may, within the local limits of his jurisdiction,—
(a) enter, at working hours, with such assistants, if any, being persons in the service of the administration of the Union territory of the Andaman and Nicobar Islands, as he may consider necessary, any place which is, or which he has reason to believe to be, an establishment;
(b) make such examination of the premises and of any prescribed registers, records and notices and take on the spot or otherwise, evidence of any person as he may deem necessary, for carrying out the purposes of this Regulation; and
(c) exercise such other powers as may be prescribed for carrying out the purposes of this Regulation:
Provided that no person shall be required under:this section to answer any question or to give any.evidence tending to incriminate himself.
24. Every person appointed under section 22 to be an Inspector shall be deemed to be apublic servant within the meaning of section 21 of the Indian Penal Code.
25.'Every employer-shall, on demand by an Inspector, produce for inspection, all registers, records-and notices required to be kept under this Regulation.
CHAPTER VI OFFENCES, PENALTIES AND PROCEDURE If any person contravenes any of the provisions of this Regulation, h«. shall iable with fine -which may extend to five hundred rupees. B
(2) If any person, who has been convicted of the commissior of an offence under sub-section (1), is subsequently convicted of the commission of the offence under the said sub-section, he shall be punishable with imprisonment for 2 term which may extend 1o three months. or with fine which may exfend to one thousand xupcm or with both.
Application of Acts 8 of 1923 and $3 of 1961 Prohibition of employment of children.
Prohibition uf employment of women and young persons during night Inspectors Powers and duties of Inspectors Inspectors to be public servants.
Employer 1o produce registers.
records, eic., tor inspection.
Penalties.
Procedure.
Penalty for abstructing Inspectors, ote.
Maintenance of registers and records and display of nolices.
Saving of certain rights and privileges.
Prowection of action taken in good faith.
Delegation of howers.
12 THE GAZETTE OF INDIA EXTRAORDINARY [Part [I-—
(3) If any person makes or causes or allows to be made in any register; record, document or notice required to be maintained or kept or displayed under this Regulation or the rules made thereunder any entry which is, to his knowledge, false in any material particular, or wilfully omits or causes or allows to be omitted fromn any such register, record, document or notice an entry required to be made therein, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend 1o one thousand rupees, or with both.
(4) If any person contravenes any provision of any rule made under this Regulation, he shall be punishable with fine which may extend to fifty rupees.
(5) No court shall take cognizance of any offence under this section, except on the complaint made by the Inspector: :
Provided that no such complaint shall be made by the Inspector after the expiry of two years from the date on which the commission of the offence comes to the knowledge of the Inspector.
27. No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the First Class shall try any offence punishable under thi§ Regulation.
28. If a person—
(a) wilfully obstructs an Inspector in the discharge of his duties; or
(b) wilfully obstructs any person lawfully-assisting an Inspector in the discharge of his duties; or
(c) fails to comply with any lawful direction given by an Inspector, he shall be punishable with fine which may extend to two hundred and fifty rupees.
CHAPTER VII MISCELLANEOUS