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(2) A copy of the "Government Gazette," containing an Order so extending the powers of a Special Board shall be conclusive evidence of the making of such Order, and such Order shall not be liable to be challenged or disputed in any court whatever.

(II) Suspension of Determination.

105. (1) Notwithstanding anything contained in this Act, the Governor in Council may, at any time, for such period or periods, as he thinks fit, not exceeding six months in the whole, by Order published in the "Government Gazette," suspend the operation of the determination of any Special Board. When the operation of any determination (whether published in the "Government Gazette" or not) is so suspended, it shall be the duty of such Special Board to forthwith hear, receive and examine evidence as to such determination, and thereupon such Special Board may either adhere to the said determination or may make such amendments therein as to such Board seems proper.

(2) In the event of such Special Board making any such amendments, such determination as so amended shall forthwith be published in the "Government Gazette," and shall for all purposes be deemed and taken to be the determination of such Special Board, and shall from such date as may be fixed in such amended determination apply to every city and town, and also to any borough or shire, or part of a shire, to which such determination, may be expressly applied by the Governor in Council by a notification in the "Government Gazette"; and the suspended determination shall thereupon have no further force or effect.

(3) In the event of such Special Board notifying the Minister that such Board adheres to its determination without amendment, such suspension of the operation of such determination shall, by an Order in Council published in the "Government Gazette" be revoked from such date, not later than fourteen days, as may be fixed in such Order.

(12) General Provisions.

106. In this Part the expression" clothing or wearing apparel" includes boots and shoes.

107. Where any person is employed to perform two or more classes of work to which a rate fixed by a Special Board is applicable, then such person shall be paid in respect of the time occupied in each class of work at the rate fixed by the Board for such work.

xv. When any person is employed during any part of a day for an employer at work for which a Special Board has fixed a wages price or rate, then all work whatever done by such person during such day for such employer, whether inside or outside a factory or workroom, shall be paid for at the same wages price

or rate.

108. When any determination of a Special Board is amended or repealed, such amendment or repeal shall not, directly or indirectly, affect any legal proceedings of any kind theretofore commenced under the provisions of this Act for any breach of such determination or any right existing at the time of such amendment or repeal under the provisions of this Part.

109. The Governor in Council may, by Order published in the “Government Gazette," direct that any Special Board may, in any regulation, determination, Order or instrument or legal proceedings, be described for all purposes by some short title specified in such Order.

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110. There shall be kept printed, painted or affixed in legible Roman characters, in some conspicuous place at or near the entrance of each and every factory or workroom or shop or place to which the determination of a Special Board applies, in such a position as to be easily read by the persons employed

therein, a true copy of the determination of the Special Board as to the lowest prices or rates of payment determined by such Board.

III. When in any determination a Special Board has fixed piecework prices or rates for wholly or partly preparing or manufacturing any articles, and in the description of the work in respect of which such piecework price or rate is to be paid such Board enumerates several operations, and when any one or more of such operations is, by the direction or with the expressed or implied consent of the occupier of the factory or his manager or foreman or agents omitted, such omission shall not affect the price or rate to be paid in connection with the particular work, but such price or rate shall, unless otherwise provided in such determination, be that fixed as the price or rate for the whole work prescribed.

I12. When in any determination a Special Board has fixed a wages rate only for wholly or partly preparing or manufacturing, either inside or outside a factory or workroom, any articles or for doing any work, then it shall not be lawful for any person to pay or authorise or permit to be paid therefor any piecework rates, and the receipt or acceptance of any piecework rates shall not be deemed to be payment or part payment of any such wages.

113. Where a piecework price or rate, or a wages price or rate, has been fixed by the determination of any Special Board for wholly or partly preparing or manufacturing either inside or outside any factory or workroom, any articles or for doing any work, no person shall, either directly or indirectly, require or compel any person affected by such determination to accept goods of any kind or description in lieu of money, or in payment or part payment for any work done or wages earned, and the receipt or acceptance of any goods shall not be deemed to be payment or part payment for any such work, or of any such wages.

xxxiii. (1) It shall not be lawful for any occupier of a factory, workroom or shop (other than a shop mentioned in the Fourth Schedule to the Principal Act), his wife or child to, directly or indirectly, for any consideration keep or receive adult employés as boarders or lodgers, or have any share or interest in the keeping of a lodging-house in which his employés board or lodge. Provided that the Chief Inspector may, if he think fit, allow an occupier of a factory, workroom or shop, or his wife or child, to accept money for board or lodging from an employé, subject to such conditions as the Chief Inspector may impose.

(2) Except as in this Section provided, no employé shall pay to any occupier of a factory, workroom or shop, or his wife or child, any sum of money whatever for board or lodging, or give credit therefor.

114. Where any employer employs any person who does any work for him for which a Special Board has determined the lowest prices or rates, then such employer shall be liable to pay, and shall pay in full in money, without any deduction whatever, to such person the price or rate so determined, and such person may, within twelve months after such money became due, take proceedings in any court of competent jurisdiction to recover from the employer the full amount or any balance due in accordance with the determination, any smaller payment or any express or implied agreement or contract to the contrary notwithstanding.

115. The Special Boards appointed, before the commencement of this Act in respect of the process, trade or business of a maker of carriages, carts and other vehicles (other than perambulators), and also of persons employed in making any parts of carriages, carts and other vehicles (other than perambulators) shall not be revived or continued, and no determination made by such Special Boards or either of them shall hereafter apply or be in force.

116. The determinations made before the ninth day of September, One thousand nine hundred and two, by the Special Board appointed in respect of the trade or business of a tinsmith or any determinations hereafter to be made, shall not apply or be in force, so far as such determination refers to the wages to be paid to persons employed in making tins or receptacles for preserving or containing jam, fruit or vegetables, or produce of any kind intended for food for human consumption.

(13) Proceedings in Courts of Law.

117. The production before any court, judge or justices of a copy of the "Government Gazette" containing the determination of any Special Board shall be conclusive evidence of the due making and existence of such determination and of the due appointment of such Board and of all preliminary steps necessary to the making of such determination.

118. (1) If any person desires to dispute the validity of any determination of any Special Board made or purporting to have been made under any of the provisions of this Act, or any Act repealed thereby, it shall be lawful for such person to apply to the Supreme Court upon affidavit for a rule calling upon the Chief Inspector to show show cause why such determination should not be quashed, either wholly or in part, for the illegality thereof; and the said court may make the said rule absolute or discharge it with or without costs as to the court shall seem meet.

(2) Every determination of any Special Board shall, unless and until so quashed, have and be deemed and taken to have the like force, validity and effect, as if such determination had been enacted in this Act, and shall not be in any manner liable to be challenged or disputed; but any such determination may be altered or revoked by any subsequent determination under this Act.

(14) Penalty.

119. (1) Where a price or rate of payment for any person or persons or classes of persons employed in any process, trade or business, or for wholly or partly preparing or manufacturing any articles as aforesaid, has been determined by a Special Board and is in force, then any person

(a) who either directly or indirectly, or under any pretence or device, attempts to employ or employs or authorises or permits to be employed any person, apprentice or improver in any process, trade or business, or in so preparing or manufacturing any such articles at a lower price or rate of wages or piecework (as the case may be) than the price or rate so determined; or

(b) who attempts to employ or employs or authorises or permits to be employed any improver in excess of the number or proportionate number as determined pursuant to this Part; or

(c) who is guilty of a contravention of any of the provisions of this

Partshall be guilty of an offence against this Act, and shall, on conviction, be liable to a penalty for the first offence of not more than Ten pounds, and for the second offence of not less than Five pounds nor more than Twenty-five pounds, and for the third or any subsequent offence of not less than Fifty pounds, nor more than One hundred pounds.

(2) The registration of the factory or workroom of any person who is convicted under this Part of a third offence shall, without further or other authority than this Act, be forthwith cancelled by the Chief Inspector.

PART X.-COURT OF INDUSTRIAL APPEALS.

120. (1) There shall be a Court of Industrial Appeals for deciding all appeals against a determination of a Special Board and for dealing with any determination of a Special Board referred to the Court by the Minister.

(2) The Court shall consist of such Judge of the Supreme Court as

may be from time to time appointed by the Governor in Council.

(3) If from any cause whatever any Judge appointed as aforesaid is unable to act, the Governor in Council may appoint any other Judge of the Supreme Court to be the Court during such inability.

(4) The Governor in Council may, for the purposes of this Act, appoint a Registrar of the Court of Industrial Appeals.

xxxii. Where any determination of a Special Board is under the consideration of the Court of Industrial Appeals, such Court may, in fixing any prices or rates of payment (whether piecework prices or rates, or wages prices or rates) either increase or decrease the same as the Court thinks fit.

121. Where any determination of a Special Board appointed after the commencement of this Act is under the consideration of the Court of Industrial Appeals, such Court shall in all cases have regard to the principles mentioned in §83 of this Act.

I22. Where any determination made by a Special Board, either before or after the commencement of this Act, is being dealt with by the Court, such Court shall consider whether the determination appealed against has had, or may have the effect of prejudicing the progress, maintenance of or scope of employment in the trade or industry affected by any such price or rate; and if of opinion that it has had, or may have, such effect, the Court shall make such alterations as, in its opinion, may be necessary to remove or prevent such effect, and at the same time to secure a living wage to the employés in such trade or industry who are affected by such determination.

123. (1) Notwithstanding anything contained in this Act, a majority of the representatives of employers or a majority of the representatives of employés on any Special Board, or any employer or group of employers who employ not less than twenty-five per centum of the total number of the workers in any trade, may at any time, in the prescribed manner, appeal against such determination to the Court. For the purposes of this Sub-section, the Court shall accept the records given by the Chief Inspector in his latest annual report. (2) The Minister may, without appeal, at any time after the making of a determination by a Special Board, refer such determination for the consideration of the Court, and may also refer any appeal made as hereinbefore provided for the consideration of the Court.

(3) No appeal against or reference to the Court of a determination which has been published in the "Government Gazette " shall have the effect of suspending or delaying the operation of such determination.

(4) Every determination of a Special Board referred to the Court by the Minister, and such documents relating thereto as may be deemed necessary shall be forwarded by the Chief Inspector to the Registrar of the Court.

(5) Except as hereinafter provided, no barrister and solicitor or agent shall be allowed to appear before or be heard by the Court. By the direction of the Court, or with the consent of both parties to the appeal or reference, either party may, at its own cost, be represented by a barrister and solicitor or agent. In appeals by a minority of employers or employés as provided under Sub-section (1) of this Section, the Court may give such directions for the representation of parties as may in the circumstances appear to be proper.

(6) The Court shall have, and may exercise, all or any of the powers conferred on a Special Board by this Act, and shall have full power to amend the whole or any part of any determination of a Special Board.

(7) The Court shall have and may exercise, in respect of the summoning, sending for and examining of witnesses, documents and books, and in respect of persons summoned or giving evidence before the Court, the same powers as are by the Evidence Act, 1890, conferred on a Board or Commission appointed or issued by the Governor in Council; provided, however, that every summons to attend the Court may be signed by the Registrar.

(8) No evidence relating to any trade secret or to the profits or financial position of any witness or party shall be disclosed or published without the consent of the person entitled to the trade secret or non-disclosure.

(9) The determination of the Court shall be final and without appeal, and may not be reviewed or altered by a Special Board without leave of the Court, but the Court, if satisfied upon affidavit that a primâ facie case for review exists, may either give such leave or may direct a re-hearing before the Court, when the Court may itself alter or amend its determination.

(10) The determination of the Court shall be forwarded to the Minister by the Registrar.

124. (1) On any such appeal or reference to the Court, the Court shall appoint two assessors for the purpose of advising on any questions relating to the determination.

(2) Within such time as the Court specifies, one of such assessors may be nominated by the representatives of the employers, and one by the representatives of the employés on the Special Board which made the determination. (3) If default is made in nominating an assessor for the employers or the employés (as the case may be), the Court may appoint an assessor for the employers or the employés (as the case may be) without any nomination. (4) Each assessor shall be entitled to an attendance fee of One pound for every day on which he attends the Court by order of the Court.

125. (1) The Minister shall cause each determination of the Court to be published in the "Government Gazette," and such determination shall apply to every city and town, and also to any borough or shire, or part of a shire, to which the referred determination applies, or is expressly applied.

(2) The production before any court, judge or justice of a copy of the Government Gazette," containing a determination of the Court shall be conclusive evidence of the making and existence of such determination, and of the appointment of such Court and of all preliminary steps necessary to the making of such determination.

(3) The provisions of this Act for, or relating to, the enforcement of any determination of a Special Board shall equally apply to any determination made by the Court, and such provisions shall, with such substitutions as may be necessary, be read and construed accordingly.

126. (1) A determination of the Court of Industrial Appeals may be applied by an Order of the Governor in Council to any portion of any shire if such portion is within ten miles of any city or town.

(2) A determination of the Court of Industrial Appeals may be applied by an Order of the Governor in Council to any portion of any shire which is at least ten miles from any city or town, if the council of such shire petitions the Governor in Council so to apply such determination.

(3) Every Order of the Governor in Council made pursuant to this Section shall be published in the "Government Gazette," and any determina

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