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Section 7 -Weekly Holidays Act,1942

Weekly Holidays Act,1942

7. Inspectors.

(1) The 1[State] Government may, by notification in the Official Gazette, appoint persons to be inspectors for the purposes of this Act within such local limits as it may assign to each such person.

(2) Every inspector appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

COMMENTS

Section 21 of the Indian Penal Code is given below for ready reference:

21. “Public servant” The words “public servant” denote a person falling under any of the description hereinafter following, namely:

Second. Every Commissioned Officer in the Military, Naval or Air Forces of India;

Third. Every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions;

Fourth. Every officer of a Court of Justice (including a liquidator, receiver or commissioner) whose duty it is as such officer, to investigate or report on any matter of law or fact or to make, authenticate, or keep any document, or to take charge or dispose of any property or to execute any judicial process, or to administer any oath, or to interpret or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties;

Fifth. Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant;

Sixth. Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority;

Seventh. Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

Eighth. Every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or conveyance;

Ninth. Every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government. or to execute any revenue process, or to investigate, or to report, on any matter affecting the pecuniary interest of the Government or to make, authenticate or keep any document relating to the pecuniary interest of the Government, or to prevent the infraction of any law of the protection of the pecuniary interests of the Government;

Tenth. Every officer whose duty it is, as such officer, to take, receive, keep or expand any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;

Eleventh. Every parson who holds any office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election;

Twelfth. Every person

(a)in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;

(b)in the service or pay of local authority, a corporation established by or under a Central, Provincial or State Act or a Government company as defined in section 617 of the Companies Act,1956 (1 of 1956).

Illustration

A Municipal Commissioner is a public servant.

Explanation 1. Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.

Explanation 2. Whatever the words “public servants” occur, they shall be understood of ev
ery person who is in actual possession of the situation, of public servant, whether legal defect there may be in his right to hold that situation.

Explanation 3. The word “election” denotes an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by or under, any law prescribed as by election.

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Weekly Holidays Act,1942

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