Section 8. Where an Inspector is of opinion

58. Where an Inspector is of opinion- Power `to` require medlcal - require medlcal - (a) that any person working in a factory without a certi- examination. ficate of fitness is a child or an adolescent, or (b) that a chid or adolescent working in a factory with a certificate is no longer fit to work in the capacity stated therein, he inay serve on the manager of the factory a notice requiring that such person, or that such child or adolescent, as the case may be, shall be examined by `a.` certifying surgeon or by a practitioner authorised under sub-section (2) of section 12, and such person, child or adolescent shall not, if the Inspector so directs, be allowed to worlr in any factory until he has been so esamined and has been granted a certificate of fitness or a fresh certificate of fitness, as the case may be. 38. The periods of work of an adult worker in a factory spread over. shall be so arranged that along with his intervals for rest under section 37, they shall not spread over more than thirteen liours in any day, save with the permission of the Local Government and subject to such conditions as it may impose, either generally or in the GRSe of any particular factory. 39. (1) There I Factories. [ACT `XXY` 39. (1) There shall be displayed and correctly maintained in every factory in accordnnce with the provisiolls of ~ub-section (8) of section 76 a Notice of Periodn for Work for adult^ sho\ving clearly tlie periods within which adult workers may be required to work. Notfee of Perltda for o : A d ~ t ~ t s and I (2) The periods shown in the Notice required by sub-section (1) shall be fixed beforehand in accordance with the following provisions of t111s secthn and sllall be such Illat workers working for tliose periods would not be working in contravention of any of the provisions of sections 34, 35, 36, 37 and 38. (3) Where all the adult worl<ers in a factory nre required to work within tlie same periods, the manager of the factory shall fix those periods for such workers generally. [ACT xxv (12) "worlrer" means a person employed, whether for wages or not, in any ~ntlnufacturii~g process, or jn cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work whatsoever incident21 to or conneztzd with the manufacturing process or connected with th: subjact `d` the manufacturing process, but does not ~nclude nny person solely employed in a clerical 'capacity in any room or place where no manufacturing process is being carried on ; (j) "factory" means any premises including the precincts thereof whereon twenty or more wsrkers are working, or were working on any day of the preceding twelve months, and in any parb of which a manufacturing process is being carried on with the aid of power, or is ordinarily so caxrid on, but does not include a mine subject to the operation of the Indian Mines Act, 1923; `IV` of 192.3, `(k)` "machinery" includes all plant whereby power is generated, transformed, transmitted or applied ; (1) "occupier" of a factory means the person who has ultimate control over the affairs of the factory : Provided that where the affairs of a factory are entrusted to a managing agent, such agent shall be deemed to be the occupier of the factory; (in) where work of the same kind is c.arried out by two or more sets of workers working during different periods of the day, each of such sets is called a 6' relay", and the period or periods for which it mol-ks is called a "shift"; and (n) "prescribed" means prescribed by rules made by the Local Government under this Act. / 8. References to time of day in this Act are references- (a) in British India, excluding Burma, to Indian Standard Time, which is five and a half hours ahead of Greenwich Mean Time, and (b) in Burma, to Burma Standard Time, which is six and a half hours ahead of Graenwich Mean Time: Provided that for any area in British India in which Indian Standard Time is not ordinarily observed the Local Gover~~lnent may make rules- (i) specifying the area, (ii) defining the local mean time ordinarily observed therein, and `(iii)` permitting such time to be observed ill all or any of the factories situated in the area. 4. (1) For I 6 `OF..` 1934.1 Factories. I