Attestation of contract

(1) Every contract shall be presented by the employer thereunder within seven days of the making thereof for attestation to a labour officer or other officer authorised for the purpose by the Commissioner (the “attesting officer”). Any employer who fails or neglects to comply with this sub-section commits an offence and is liable on summary conviction to a fine not exceeding two hundred and fifty dollars or to imprisonment for a term not exceeding six months. (2) Before attesting any contract the attesting officer shall– (a) ascertain that the employee has freely consented to the contract, and that his consent has not been obtained by coercion or undue influence, or as the result of misrepresentation or mistake; and (b) satisfy himself that– (i) the contract is in due legal form; (ii) the terms of the contract are in accordance with the requirements of this Act; 48 (iii) the employee has fully understood the terms of the contract before signing or otherwise indicating his assent; (iv) the provisions relating to medical examination which are contained in this Act have been complied with; and (v) the worker declares himself not bound by any previous engagement. (3) An attesting officer may refuse to attest any contract in respect of which he is not satisfied in regard to any of the matters specified in sub-section (2); and any contract which an attesting officer has refused to attest shall have no further validity. (4) A contract which has not been attested shall not be enforceable except during the period of one month from the making thereof, but each of the parties shall be entitled to have it presented for attestation at any time prior to the expiry of the period for which it was made. (5) Three copies of every contract attested under this Act shall be attested along with the original. One copy shall be delivered to the employer, one to the worker or in the case of a group of workers to one of their number. The original of every attested contract shall be deposited with and preserved by the (6) Where the omission to present the contract for attestation was due to the wilful act or the negligence of either party the other party shall be entitled to apply to the Commissioner for the cancellation of the contract.