3.
| (1) The provisions of section 2 with respect to the employment of women during the night shall not apply-
| | (a) to women holding responsible positions of a managerial or technical character, | | |
| | (b) to women employed in health and welfare services who are not ordinarily engaged in manual work, | | |
| | (c) to an industrial undertaking in which only members of the same family are employed, | | |
| | (d) in a case of force majeure, when in an industrial undertaking there occurs an interruption of work which it was impossible to foresee and which is not of a recurring character, if it is reported, within seven days of its occurrence, to the Commissioner of Labour, and | | |
| | (e) in a case where the work has to do with raw materials or materials in course of treatment which are subject to rapid deterioration and work during the night is necessary to preserve such materials from loss and the permission of an authorized officer to perform such work during the night has been obtained. | | |
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| (2) When in a case of serious emergency, the public interest demands it, the Minister may, after consultation with the employers' and workers' organizations concerned, if any, suspend, by Order published in the Gazette, the prohibition of the employment of women during the night in any industrial undertaking or undertakings or branches thereof. Every such suspension shall be notified to the Director-General of the International Labour Office by the Government of Ceylon in its annual report on the application of the convention concerning night work of women employed in industrial undertakings. |
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| (3) The Minister may, after consultation with the employers' and workers' organizations concerned, if ,any, authorize, by Order published in the Gazette, the employment during the night of male young persons who have attained the age of sixteen years but are under the age of eighteen years for purposes of apprenticeship or vocational training in such industrial undertakings required to be carried on continuously as is or are specified in the Order. |
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| (4) Where in an industrial undertaking there occurs an emergency which could not have been controlled or foreseen and which is not of a periodical character and which interferes with the normal working of that undertaking, then, during that emergency, the provisions of section 2 with respect to the employment of persons under the age of eighteen years during the night shall not apply to persons between the ages of sixteen and eighteen years employed in that undertaking, if the emergency is reported, within seven days of its occurrence, to the Commissioner of Labour. |
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| (5) When in a case of serious emergency the public interest demands it, the Minister may, after consultation with the employers' and workers' organizations concerned, if any, by Order published in the Gazette, suspend, only with respect to persons between the ages of sixteen and eighteen years, the prohibition of the employment of persons under the age of eighteen years during the night in any industrial undertaking or undertakings or branches thereof. |
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| (6) If the Minister considers it expedient to do so, he may, by Order published in the Gazette, permit women and young persons to be employed in any industrial undertaking or in any branch thereof during that part of the night which falls between 7 p.m. and 11 p.m. subject to the condition that no woman or young person so employed shall be required or permitted to work in such undertaking or branch at any time during the eleven hours immediately following 11 p.m. |
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| (7) Regulations may be made to exempt from the application of the provisions of this Part relating to persons under the age of eighteen years the employment of such persons on work which is not deemed by the Minister to be harmful, prejudicial, or dangerous to them in a family undertaking wherein only parents and their children or wards are employed. |
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Sri Lanka Consolidated Acts