State Act

64

Section 64. Evidence as to age.

The Bombay Shops and Establishments Act, 1948

Act no. 79 of 19481948Repealed 1 May 2019Gujarat (State Act)

This Act was repealed on 1 May 2019 by the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019 (Gujarat Act 4 of 2019), s.41; it may still apply to matters that began before then.

64. (1) When an act or omission would, if a person were under or over a certain age, be an offence punishable under this Act, and such person is in the opinion of the Court apparently under or over such age, the burden shall be on the accused to prove that such person is not under or over such age. (2) A declaration in writing by a 94[qualified medical practitioner] relating to an employee that he has personally examined him and believes him to be under or over the age set forth in such declaration shall, for the purposes of this Act, be admissible as evidence of the age of the employee. Explanation.—For the purposes of this section, a 95[qualified medical practitioner] shall have the same meaning as in the Factories Act, 96[1948],