(1) In this Act unless the context otherwise requires,   "factory"  means any premises or part of a premises where -

(a) within the close or curtilage or precincts of the premises or part thereof persons are employed in manual labour in any process for or connected with or incidental to the making, altering, repairing, ornamenting, sorting, finishing, cleaning, washing, breaking, demolishing, constructing, re-constructing, fitting, refitting, adjusting or adapting of any article or part thereof; and

(b) the said work is carried on by way of trade for the purposes of gain or incidentally to any business so carried on,

and (whether or not they are factories by reason of the foregoing DEFINITION) the expression factory also includes the following premises in which persons are employed in manual labour -

(i) any yard or dry dock (including the precincts

3 PART I PRELIMINARY-3. Interpretation - general.

In this Act unless the context otherwise requires -

"amusement device" means any contrivance or a combination of contrivances, or rides, equipment or plant or any other similar device which are designed or intended to entertain or amuse people and which can be installed repeatedly without loss of substance, whether temporarily or permanently, at fairs, amusement parks or other locations;

[Ins. Act A1268]

"amusement park" means a tract or area used principally as a location for amusement devices and structures;

[Ins. Act A1268]

  "article"  means any solid, liquid or gas or any combination thereof, and also includes electricity;

  "bodily injury"  includes injury to health;

  "building operation"  means the construction, structural alteration, re

4 PART I PRELIMINARY-4. Appointment of officers.

(1) There shall be appointed an officer to be styled the Chief Inspector of Factories and Machinery and such number of Deputy Chief Inspectors of Factories and Machinery, Senior Inspectors of Factories and Machinery and Inspectors of Factories and Machinery as may be necessary for the purposes of this Act.

(2) There shall be appointed such other officers as may be expedient for the performance of such duties as may be prescribed under this Act.

5 PART I PRELIMINARY-5. Supervision of officers.

(1) All Deputy Chief Inspectors, Senior Inspectors and Inspectors and all officers appointed under section 4 (2) shall be subject to the direction and supervision of the Chief Inspector.

(2) A Senior Inspector shall have and may exercise all powers vested by this Act in an Inspector and the Chief Inspector and a Deputy Chief Inspector shall have and may exercise all such powers vested in a Senior Inspector or an Inspector.

(3) The Chief Inspector may in writing delegate any of the functions, powers or duties assigned to him under this Act to any Deputy Chief Inspector, Senior Inspector or Inspector, subject to such terms and conditions as he thinks fit.

(4) A delegation under this section shall not preclude the Chief Inspector himself from performing or exercising at any time any of the functions, powers or duties so delegated.

[Ins. Act A1268]

6 PART I PRELIMINARY-6. Officers are public servants.

(1) All officers appointed under section 4 shall be deemed to be public servants within the meaning of the Penal Code applicable.

(2) A licensed person, all his servants and agents and other persons employed by him shall, while discharging their duties as a licensed person and such servants, agents and employees, be deemed to be public servants within the meaning of the Penal Code.

[Ins. Act A1268]

7 PART I PRELIMINARY-7. Powers of an Inspector.

(1) An Inspector shall, for carrying the purposes of this Act into effect, have powers to do all or any of the following -

(a) to enter, inspect and examine, by day or by night any factory, and every part thereof when he has reasonable cause to believe that any work or process is being carried on therein, and to enter, inspect and examine by day, any place which he has reasonable cause to believe to be a factory and any part of any building of which a factory forms part and in which he has reasonable cause to believe that explosive or highly inflammable materials are stored or used and to exercise such powers as may be necessary to inspect and examine any machinery, plant, appliance or fitting therein;

(b) to require the production of factory records, certificates, notices and documents kept in pursuance of this Act and to inspect, examine and copy any of them;

(c) to make such examination

7A PART I PRELIMINARY-7A. Entry into premises with a search warrant and the power of seizure.

Where information is given on oath to a magistrate that there is reasonable cause for suspecting that there is in a factory or premises any article, thing, book, document, plant, substance, installation or part thereof which has been used to commit or is intended to be used to commit an offence under this Act or regulation made thereunder, he shall issue a warrant under his hand by virtue of which an Inspector named or referred to in the warrant may enter the factory or premises at any reasonable time by day or night, and search for and seize or seal the article, thing, book, document, plant, substance, installation or part thereof.

[Ins. Act A1268]

7B PART I PRELIMINARY-7B. Entry into premises without a search warrant and the power of seizure.

Where an Inspector is satisfied upon information received that he has reasonable grounds for believing that, by reason of delay in obtaining a search warrant, any article, thing, book, document, plant, substance, installation or part thereof in a factory or premises which has been used to commit or is intended to be used to commit an offence under this Act or any regulation made thereunder is likely to be removed or destroyed, he may enter the factory or premises without a warrant and seize or seal the article, thing, book, document, plant, substance, installation or part thereof found therein.

[Ins. Act A1268]

7C PART I PRELIMINARY-7C. Service of list of things seized.

The Inspector seizing any article, thing, book, document, plant, substance, installation or part thereof under section 7a or 7b shall prepare a list of things seized and forthwith, deliver a copy of the list signed by him to the occupier, or his agent or servant present in the premises, and if the premises are unoccupied or if the occupier, or his agent or servant is absent the Inspector shall, wherever possible, post a list of the things seized on the premises and make a police report thereafter.

[Ins. Act A1268]

7D PART I PRELIMINARY-7D. Appointment, powers and duties of a licensed person.

(1) Notwithstanding any other provisions of this Act, the Minister shall have the power to grant a licence on such conditions as he may think fit to any person to perform any of the functions specified in this Act as the functions of a licensed person as it appears to him to be necessary.

(2) The Minister may, make an order for the purpose of subsection (1) and in particular but without prejudice to the generality of the foregoing, such order may-

(a) prescribe the qualification and standards of competency of persons to be employed by a licensed person;

(b) prescribe the powers of a person employed by a licensed person to carry out the functions of a licensed person;

(c) prescribe the records to be kept by a licensed person;

(d) prescribe the returns to be submitted by a licensed person to the Chief Inspector at certain intervals;

(e) regulate the inspection by the Chief Inspector of the premises of a li

7E PART I PRELIMINARY-7E. Revocation of licence.

(1) If the Chief Inspector is satisfied that a licensed person has breached any condition of the licence, the Chief Inspector may give a notice in writing to the licensed person requiring him to comply with the condition which he has breached and take all measures stipulated therein within the period stated in the notice.

(2) If by the time the period stipulated in the notice expires the licensed person has failed to comply with the notice, the Chief Inspector shall present a report to the Minister on such failure.

(3) If, after considering the report from the Chief Inspector, the Minister is satisfied that the breach is serious in nature or affects or may affect the safety and health of workers or members of the public and that the licensed person has failed or refused to take or has not taken all measures stipulated in the notice for the purpose of ensuring compliance with the condition which the licensed person has breached, the Min

7F PART I PRELIMINARY-7F. Granting of new licence upon revocation.

(1) Upon the revocation under section 7e of a licence granted to the licensed person, the Minister may, after consulting the Chief Inspector, appoint another person to carry out, discharge, assume or perform any of the functions, obligations, duties, responsibilities and conditions conferred or imposed by the revoked licence, and to receive any payments, benefits or privileges which the person whose licence is revoked is entitled to receive or enjoy under the terms and conditions of the licence.

(2) The person whose licence is revoked and his agents or employees shall render all necessary assistance and cooperation to the person appointed by the Minister under subsection (1).

[Ins. Act A1268]

8 PART I PRELIMINARY-8. Obstruction an offence.

8. Any person who-

(a) refuses to allow or wilfully delays or obstructs an Inspector or a licensed person from entering a factory in the exercise of any power under this Act; (b) fails to comply with any notice, other than a notice given under subsection 39(3) or 40(4), lawfully given by a licensed person in the exercise of any power under this Act;

(c) wilfully withholds any information as to who is the occupier or owner of any factory or machinery or conceals or prevents a person from appearing before or being examined by an Inspector or a licensed person, or in any manner obstructs an Inspector or licensed person;

(d) conceals the location or existence of any other person or any plant or substance from an Inspector or a licensed person;

(e) prevents or attempts to prevent any person from assisting an Inspector or a licensed person;

(f) in any other way, hinders, impedes or opposes an Inspector or a licensed pe

9 PART I PRELIMINARY-9. Persons not to reveal secrets.

(1) Except for the purpose of this Act or for the purpose of any civil or criminal proceedings under this Act or any other written law, no person appointed under section 4 or licensed person and employees of the licensed person shall disclose any manufacturing or commercial secret which may at any time come to his knowledge or has been obtained by him in the course of his duties under this Act.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

[Subs. Act A1268]

10 PART II SAFETY, HEALTH AND WELFARE-10. Provisions relating to safety, etc.

Without prejudice to any law with respect to local authorities, in respect of any factory, the following provisions relating to safety shall apply -

(a) foundations and floors shall be of sufficient strength to sustain the loads for which they are designed; and no foundation or floor shall be overloaded;

(b) roofs shall be of sufficient strength to carry where necessary suspended loads;

(c) all floors, working levels, platforms, decks, stair-ways, passages, gangways, ladders and steps shall be of safe construction so as to prevent a risk of persons falling, and structurally sound so as to prevent a risk of collapse, and shall be properly maintained and kept, as far as reasonably practicable, free from any loose material and in a non-slippery condition;

(d) such means as are reasonably practicable shall be provided, maintained, and used so as to ensure safe access to any p

11 PART II SAFETY, HEALTH AND WELFARE-11. Persons exposed to explosive, inflammable, etc., substances.

In every factory in which persons are exposed to risk of bodily injury from explosive, inflammable, poisonous or corrosive substances or ionising radiations, such measures as may be prescribed shall be taken as will eliminate the risk.

12 PART II SAFETY, HEALTH AND WELFARE-12. Lifting of weights.

No person shall be employed to lift, carry or move any load so heavy as to be likely to cause bodily injury to him.

13 PART II SAFETY, HEALTH AND WELFARE-13. Provisions against fire.

Without prejudice to any law with respect to local authorities, in every factory there shall be taken such precautions against fire, and there shall be provided and maintained, such means of escape in case of fire other than means of exit in ordinary use, and such means of extinguishing fire as may be prescribed.

14 PART II SAFETY, HEALTH AND WELFARE-14. Construction of machinery.

All machinery and every part thereof including all fittings and attachments shall be of sound construction and sound material free from defect and suitable for the purpose and shall be properly maintained.

15 PART II SAFETY, HEALTH AND WELFARE-15. Dangerous parts of machinery.

Every dangerous part of any machinery shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on or entering into the premises as it would be if securely fenced:

Provided that so far as the safety of a dangerous part of any machinery cannot by reason of the nature of the operation be secured by means of a fixed guard the requirements of this section shall be deemed to have been complied with if a device is provided which automatically prevents the operator from coming or being brought into contact with that part.

16 PART II SAFETY, HEALTH AND WELFARE-16. Projecting material.

In respect of such machinery as may be prescribed, any part of any material carried by that machinery while it is working thereon which projects beyond any part of the machinery shall be effectively fenced unless it is in such a position as to be safe to any person employed or working on or entering into the premises.

17 PART II SAFETY, HEALTH AND WELFARE-17. Machinery for hire or sale must comply with regulations.

No person shall sell or let on hire any machinery other than transmission machinery which does not comply with any regulations made under this Act applicable to the machinery.

18 PART II SAFETY, HEALTH AND WELFARE-18. Machinery manufactured or repaired must comply with regulations.

(1) No person shall manufacture, repair or instal machinery in such a manner that it does not comply with the provisions of this Act and any regulations made thereunder applicable to such machinery.

(2) No person shall import any machinery other than transmission machinery which does not comply with any regulations made under this Act applicable to such machinery.

19 PART II SAFETY, HEALTH AND WELFARE-19. Certificate of fitness.

(1) No person shall operate or cause or permit to be operated any machinery in respect of which a certificate of fitness is prescribed, unless there is in force in relation to the operation of the machinery a valid certificate of fitness issued under this Act.

(2) In the case of any contravention of subsection (1) an Inspector shall forthwith serve upon the person aforesaid a notice in writing prohibiting the operation of the machinery or may render the machinery inoperative until such time as a valid certificate of fitness is issued.

(3) Certificates of fitness issued under this Act shall be in the forms respectively prescribed, and shall be valid subject to this Act, for such period as may be prescribed.

(4) A certificate of fitness in respect of any machinery which is being dismantled or repaired or is damaged for any reason shall terminate upon such dismantlement, repair or damage, but the Chief Inspector may exempt any mach

19A PART II SAFETY, HEALTH AND WELFARE-19A. Power to revoke certificate of fitness obtained by way of fraud or misrepresentation.

(1) The Chief Inspector shall revoke or terminate a certificate of fitness if he is satisfied that the certificate of fitness has been obtained by way of fraud or misrepresentation.

(2) Any person who is aggrieved by the decision of the Chief Inspector under subsection (1) may, within fourteen days from the date of such decision being notified to him, appeal to the Minister by way of writing.

(3) The decision of the Minister under this subsection shall be final.

[Ins. Act A1268]

20 PART II SAFETY, HEALTH AND WELFARE-20. Duties of persons employed.

(1) No person employed in any factory or in any place where any machinery is installed shall wilfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of this Act for securing the safety, health or welfare of the persons employed in the factory or the place where the machinery is installed; and when any means or appliance for securing safety, health or welfare is provided for the use of the person under this Act, he shall make use of such means or such appliance.

(2) No person employed in any factory or in any place where any machinery is installed shall wilfully and without reasonable cause act in any manner so as to cause or to be likely to cause bodily injury to himself or other persons or damage to any machinery or other property.

21 PART II SAFETY, HEALTH AND WELFARE-21. Duties of occupier.

The occupier shall at all times maintain all safety appliances and machinery.

22 PART II SAFETY, HEALTH AND WELFARE-22. Provisions relating to health.

(1) Without prejudice to any law relating to public health, in respect of any factory the following provisions relating to health of persons shall apply -

(a) every factory shall be kept in a clean state and free from offensive effluvia arising from any drain, sanitary convenience or other source and shall be cleaned at such times and by such methods as may be prescribed and these methods may include lime-washing or colour washing, painting, varnishing, disinfecting or de-odorising;

(b) the maximum number of persons employed at any one time in any work-room in any factory shall be such that the amount of cubic metre of space and the superficial metre of floor area allowed in the work-room for each such person are not less than the amount of cubic metre of space and the superficial metre of floor area prescribed either generally or for the particular class of work carried on in the work-room;

[Ins. Act A1268]

30 PART III PERSONS IN CHARGE AND CERTIFICATES OF COMPETENCY-30. Panel of Examiners and Board of Appeal.

(1) For the purpose of this Part there shall be appointed a Panel of Examiners consisting of a Chairman and such persons as may be prescribed.

(2) The Panel shall hold such examinations as may be prescribed and recommend to the Chief Inspector the grant to successful candidates at such examinations, the certificates of competency in the prescribed form.

(3) Examinations shall be conducted in accordance with the directions of the Chief Inspector as regards the times and places at which they shall be held, their form and content and the manner in which they shall be conducted.

(4) Every matter referred to the Panel shall be considered and decided by the Chairman and at least one member thereof:

Provided that the Chairman may permit the examination of engine drivers by one member.

(5) Any person dissatisfied with the decision of the Panel may appeal to the Chief Inspector who will convene an Appeal Board consisting

31 PART IV NOTIFICATION OF ACCIDENT, DANGEROUS OCCURRENCE AND DANGEROUS DISEASES-31. Accidents and dangerous occurrence to be reported.

Whenever any accident which either -

(a) causes loss of life to any person;

(aa) causes serious bodily injury to any person;

[Ins. Act A1268]

(b) causes bodily injury to any person so that the person is prevented from following his normal occupation for more than three clear days excluding the day of the accident; or

[Am. Act A1268]

(c) causes serious damage to machinery or other property,

or any dangerous occurrence takes place in any factory or in connection with any machinery, the occupier shall report the accident or dangerous occurrence to the Inspector having jurisdiction for the area in which the accident or dangerous occurrence has taken place by the quickest means available and subsequently with the least possible delay report in writing to the Inspector in the prescribed form the

32 PART IV NOTIFICATION OF ACCIDENT, DANGEROUS OCCURRENCE AND DANGEROUS DISEASES-32. Notification of occupational diseases.

[Am. Act A1268]

Every registered medical practitioner attending on, or called in to visit, a patient whom he believes to be suffering from any of the diseases named in the Third Schedule and contracted in a factory shall, unless such notice has been previously sent -

(a) forthwith send to the Chief Inspector a notice stating the name and location of the factory in which the patient states he is or was last employed, the name and full postal address of the patient and the disease from which, in the opinion of the registered medical practitioner, the patient is suffering; and

(b) at the same time send a copy of the notice to the occupier of the factory in which the patient states he is or was last employed.

33 PART IV NOTIFICATION OF ACCIDENT, DANGEROUS OCCURRENCE AND DANGEROUS DISEASES-33. Investigation and enquiries.

(1) An Inspector shall make a preliminary investigation of the circumstances of any accident or dangerous occurrence referred to in paragraphs 31 (a), (aa) and (c) and may make a preliminary investigation of the circumstances of any accident that causes bodily injury as described in paragraph 31(b), or industrial disease referred to in section 32, reported to him, and shall forward in writing to the Chief Inspector a report on the investigation and if there has been any loss of life or there is reason to believe that any person has been fatally injured the Chief Inspector shall send a copy of the aforementioned report to the nearest Magistrate together with such further report as he may consider necessary and shall inform the Magistrate whether or not it is proposed to hold an enquiry under subsection (2).

[Am. Act A1268]

(2) (a) If upon consideration of the report referred to in subsection (

34 PART V NOTICE OF OCCUPATION OF FACTORY, AND REGISTRATION AND USE OF MACHINERY-34. Operation of factory.

(1) Every person who at the commencement of this Act occupies or uses any premises as a factory shall -

(a) within three months of the date submit to the Chief Inspector such particulars as may be prescribed; and thereafter

(b) within six months of being required so to do by the Chief Inspector submit such further particulars as may be prescribed.

(2) (a) No person shall except with the written permission of the Inspector begin to use any premises as a factory until one month after he has served on the Inspector a written notice in the prescribed form.

(b) This subsection shall not apply to any person who takes over a factory from another person if there is no change in the nature of the work carried on in the factory provided that the first person shall within one month of such taking over have served on the Inspector written notice in the presc

35 PART V NOTICE OF OCCUPATION OF FACTORY, AND REGISTRATION AND USE OF MACHINERY-35. Building operations of works of engineering construction.

(1) Every person who undertakes any building operations or works of engineering construction shall not later than seven days from the commencement of those operations serve on the Inspector written notice in the prescribed form.

(2) Subsection (1) shall not apply to -

(a) building operations or works of engineering construction the carrying out of which does not involve the use of machinery and which the person undertaking them has grounds for believing will be completed in a period of less than six weeks; and

(b) a person undertaking any operations in a place in which building operations or works of engineering construction are being carried out in respect of which notice has been given under subsection (1).

36 PART V NOTICE OF OCCUPATION OF FACTORY, AND REGISTRATION AND USE OF MACHINERY-36. Installation of machinery etc.

(1) No person shall install or caused to be installed-

(a) any machinery in any factory; or

(b) any machinery in respect of which a certificate of fitness is prescribed, except with the written approval of the Inspector.

(2) For the purpose of obtaining the approval referred to in subsection (1) there shall be submitted to the Inspector such particulars as may be prescribed.

(3) When any machinery in respect of which a certificate of fitness is prescribed has been installed, a written notice shall be served by the occupier or owner of the factory on-

(a) the Inspector, who may as soon as conveniently may be, make an inspection of the machinery; or

(b) a licensed person where applicable, who shall within one month from the date of receipt of the written notice make an inspection of the machinery.

(4) If, upon inspection, the Inspector or the licensed person finds that the machinery-

(a) com

37 PART V NOTICE OF OCCUPATION OF FACTORY, AND REGISTRATION AND USE OF MACHINERY-37. Application for registration.

(1) Every person who comes into possession of any machinery in respect of which a certificate of fitness is prescribed, shall send to the Inspector and licensed person such particulars in such manner as may be prescribed.

[Am. Act A1268]

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

[Ins. Act A1268]

38 PART V NOTICE OF OCCUPATION OF FACTORY, AND REGISTRATION AND USE OF MACHINERY-38. Register.

(1) There shall be kept in every factory a register in the prescribed form to be called the general register and there shall be entered in or attached to that register all such particulars as may be prescribed.

(2) The occupier of every factory shall send to an Inspector or licensed person such extracts from the general register as the Inspector or licensed person may from time to time require for the purpose of the execution of his duties under this Act.

(3) The general register and every other register or record or certificate kept in pursuance of this Act shall be preserved and shall be kept available for inspection by any Inspector for at least two years or such other period as may be prescribed for any class or description of register or record, after the date of the last entry in the register or record.

[Am. Act A1268]

(4) The licensed person shall only have access to information in the gene

39 PART V NOTICE OF OCCUPATION OF FACTORY, AND REGISTRATION AND USE OF MACHINERY-39. Moving alteration of or addition to machinery to be approved.

(1) No person shall move, alter or add to or cause to be moved, altered or added to, any machinery which is installed for use if the effectiveness of any fencing or any safety appliance is affected by the moving, alteration or addition, unless he has received in writing the approval of the Inspector thereto. For the purpose of such approval there shall be submitted to the Inspector details of the proposed moving, alteration or addition and of the proposed modifications to the fencing and safety appliances together with the name and address of the person who is to carry out the said moving, alteration or addition and a sketch showing the details of the modifications.

(2) The occupier of the factory shall notify the Inspector in writing as soon as the moving, alteration or addition referred to in subsection (1) has been completed.

(3) If the machinery does not comply with the requirements of this Act, the Inspector shall by notice in writ

40 PART V NOTICE OF OCCUPATION OF FACTORY, AND REGISTRATION AND USE OF MACHINERY-40. Periodical inspections.

(1) All factories and machinery in respect of which a certificate of fitness is not prescribed shall be inspected by an Inspector at such periods and in such manner as may be prescribed.

[Subs. Act A1268]

Prior text read "(3)(1) All machinery and factories shall be inspected by an Inspector or such other person as may be approved in writing by the Minister, at such periods and in such manner as may be prescribed.

(1a) All machinery in respect of which a certificate of fitness is prescribed shall be inspected by an Inspector or a licensed person at such periods and in such manner as may be prescribed.

[Ins. Act A1268]

(2) The occupier of every factory and the owner or person having possession of any machinery shall afford to an Inspector all reasonable facilities for inspection and all information as may reasonably be required in connection there

41 PART V NOTICE OF OCCUPATION OF FACTORY, AND REGISTRATION AND USE OF MACHINERY-41. Questions for decision by an Inspector and appeals from such

(1) Any person aggrieved by any order made by an Inspector or any decision made by a licensed person under this Act may within twenty-one days from the date of such order or decision appeal to a Senior Inspector who may after considering any representations made by that person by order in writing confirm, annul or vary the order or decision.

[Am. Act A1268]

(2) Any person aggrieved by any order made by a Senior Inspector under subsection (1) or otherwise under this Act may within twenty-one days from the date of the order appeal to the Chief Inspector who shall refer it to a Board of Appeal constituted under this section.

(3) A Board of Appeal may after hearing such evidence as it may consider necessary and considering any representations made confirm, annul or vary the order made by the Senior Inspector.

(4) (a) The Minister shall appoint a Board of Appeal for the purpose of considering any appeal

42 PART V NOTICE OF OCCUPATION OF FACTORY, AND REGISTRATION AND USE OF MACHINERY-42. Report of changes, etc.

It shall be the duty of the occupier of any factory to report to the Inspector any structural change in the factory or any change in the name of the factory or the nature of work carried on therein.

43 PART V NOTICE OF OCCUPATION OF FACTORY, AND REGISTRATION AND USE OF MACHINERY-43. Machinery or factory no longer in use.

It shall be the duty of any occupier who ceases to use any premises as a factory or any machinery to notify an Inspector of the cessation within thirty days thereof.

44 PART V NOTICE OF OCCUPATION OF FACTORY, AND REGISTRATION AND USE OF MACHINERY-44. Notice of sale, hire or transfer.

(1) Any owner who shall sell, hire out or transfer permanently or temporarily to any person any machinery for which a certificate of fitness has been issued shall within ten days of the sale, hiring out or transfer, give notice thereof in writing to an Inspector and a licensed person.

[Am. Act A1268]

(2) Any person, being a person who purchases for resale used machinery for which a certificate of fitness is prescribed, shall within ten days of reselling any such machinery, give notice thereof in writing to an Inspector in such manner as may be prescribed and a licensed person.

[Am. Act A1268]

45 PART V NOTICE OF OCCUPATION OF FACTORY, AND REGISTRATION AND USE OF MACHINERY-45. Copy of report of enquiry may be supplied.

Any person concerned in any enquiry held under this Act shall be entitled, upon payment of the prescribed fee, to receive a copy of the evidence taken at, and the decision of, the enquiry.

46 PART V NOTICE OF OCCUPATION OF FACTORY, AND REGISTRATION AND USE OF MACHINERY-46. Powers of the Chief Inspector and Senior Inspectors at enquiries.

For the purpose of holding enquiries under this Act the Chief Inspector and a Senior Inspector shall have the power to administer oaths and affirmations and shall be vested with the powers of a First Class Magistrate for compelling the attendance of witnesses, production of documents, maintaining order and otherwise duly conducting the said enquiries, and all persons summoned to attend any such enquiries shall be legally bound so to attend.

47 PART VI GENERAL-47. Criminal or civil liability unaffected.

Nothing in this Act shall operate to relieve any owner, occupier, engineer, dredgemaster, driver or other person from any civil or criminal liability.

---

Legal Commentary on Section 47 of the FACTORIES AND MACHINERY ACT 1967 [REVISED - 1974]

Introduction

Section 47 of the Factories and Machinery Act 1967 (FMA 1967) is a fundamental provision that clarifies the legal standing regarding liability arising from violations of the Act. It emphasizes that the enactment does not affect existing criminal or civil liabilities, maintaining the integrity of other legal remedies and penalties.

What does Section 47 Say

Section 47 states: "Criminal or civil liability unaffected." This indicates that the provisions of the Act do not override or diminish any existing criminal or civil liabilities that may arise from breaches of the Act or related regulations.

Essential Ingredients

• Affirmation that the Act does not affect liabilities.
• Clarification that liabilities under other laws remain intact.
• Reinforcement of the independence of criminal and civil liabilities from the provisions of the Act.

Scope of Section

• Applies broadly to all violations of the Act.
• Ensures that enforcement actions under the Act do not preclude other legal proceedings.
• Maintains the applicability of other statutes and common law remedies.

Punishment for Section

• The section itself does not prescribe penalties; rather, it preserves the applicability of penalties under other laws.
• Penalties for violations are detailed elsewhere in the Act or related regulations, such as fines or imprisonment.

Legal Comments

• Liability Preservation - Section 47 ensures that the Act does not limit or alter existing criminal or civil liabilities, preserving the legal framework for enforcement .
• Legal Independence - The section maintains the independence of liabilities arising from other statutes, allowing multiple legal avenues for enforcement .
• Enforcement Clarity - Clarifies that violations can be prosecuted under the Act or other applicable laws without conflict, supporting effective enforcement .
• Complementary Legislation - The section supports the coexistence of the FMA 1967 with other laws such as the Electricity Supply Act 1990 or the Industrial Disputes Act 1947 .
• Protection of Rights - By stating liabilities are unaffected, it safeguards individuals' rights to pursue civil remedies or face criminal prosecution independently .
• No Immunity - The section indicates that compliance with the Act does not confer immunity from prosecution under other laws .
• Legal Certainty - Provides legal certainty that violations under the Act can be addressed through multiple legal channels .
• Operational Implication - Employers and operators must be aware that breaches can lead to liabilities under the Act and other laws simultaneously .
• Legal Hierarchy - Reinforces the hierarchy and coexistence of statutory liabilities, emphasizing that the Act is part of a broader legal system .
• Policy Implication - The provision aligns with the policy of comprehensive regulation, ensuring no loopholes in enforcement .
• Historical Context - Reflects the legislative intent to uphold existing liabilities and not to create immunity or reduce penalties .
• Legal Strategy - Prosecutors and litigants can rely on multiple statutes to enforce compliance and seek remedies .
• Implication for Defendants - Defendants cannot claim that violations under the Act are exempt from civil or criminal consequences .
• Consistency with Other Laws - Ensures consistency with other Malaysian laws that regulate workplace safety, health, and safety standards .
• Legal Robustness - Enhances the robustness of the legal framework by preventing the dilution of liabilities .
• Administrative Enforcement - Supports administrative enforcement actions without prejudice to criminal or civil proceedings .

In summary, Section 47 of the Factories and Machinery Act 1967 affirms that the Act's provisions do not diminish or alter existing liabilities, ensuring a comprehensive and enforceable legal regime for factory safety and machinery regulation.

47A PART VI GENERAL-47A. Protection against personal liability.

Subject to the provisions of this Act and any regulations made under this Act, no Inspector or licensed person shall be personally liable for any loss or damage caused by his act or omission in carrying out the duties under this Act or any regulations made under this Act, unless the loss or damage was caused intentionally or through recklessness or negligence on the part of the Inspector or licensed person.

[Ins. Act A1268]

48 PART VI GENERAL-48. Fees.

(1) All fees payable under this Act shall be paid in such manner and within such period as may be prescribed.

[Am. Act A1268]

(2) Any fees payable and due to the Government under this Act shall be a debt due to and recoverable by the Government.

[Ins. Act A1268]

(3) Any fees payable and due to a licensed person under this Act shall be a debt due to and recoverable by the licensed person.

[Ins. Act A1268]

49 PART VI GENERAL-49. Chief Inspector's powers.

Where the Chief Inspector is satisfied in respect of any particular factory or part thereof or any particular process that any requirement of any regulations made under this Act need not, having regard to all the circumstances, be complied with or compliance with such requirement is not reasonably practicable, he may by certificate in writing, which he may after such notice as he may consider reasonable in the circumstances revoke, exempt the factory or part or process from complying with the requirement subject to such conditions as he may specify in the said certificate.

50 PART VI GENERAL-50. Offences.

(1) Subject to subsections (2) to (4) where the occupier of a factory contravenes this Act he shall be guilty of an offence.

(2) Where the contravention as aforesaid is one in respect of which the owner is by or under this Act made responsible the owner shall be guilty of an offence.

(3) Notwithstanding subsections (1) and (2) whenever it is proved to the satisfaction of a court that a contravention of this Act, has been committed by any person other than the occupier or owner of the factory or machinery in respect of which the contravention has been committed, the owner or occupier as the case may be shall also be held to be liable for that contravention, and to the penalty provided therefor, unless he shall prove to the satisfaction of the court that the same was committed without his knowledge or consent and that he had taken all reasonable means to prevent the same and to ensure the observance of this Act:

Provided that noth

51 PART VI GENERAL-51. Penalties.

(1) Any person who contravenes section 31 , subsections 34(1), 36(1), 38 (1) and 39(1), shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

[Subs. Act A1268]

Prior text read "(1) Any person who contravenes sections 19 (1), 31, 34 (1), 36 (1), 37, 38 (1), 39 (1), 40 (3) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

(2) Any person who contravenes any other provision of this Act or any regulation made under this Act for which contravention no penalty is expressly provided shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit to imprisonment for a term not exceeding one year or to both.

[Am. Act A1268] <

51A PART VI GENERAL-51A. Jurisdiction to try offences.

Notwithstanding any written law to the contrary, a Court of a First Class Magistrate shall have jurisdiction to try any offence under this Act and to impose the full punishment for any such offence.

[Ins. Act A1268]

52 PART VI GENERAL-52. Prosecutions.

No prosecution in respect of any offence under this Act shall be instituted except by or with the written consent of the Public Prosecutor.

[Subs. Act A1268]

Prior text read "It shall be competent for an Inspector to conduct a prosecution for any offence under this Act before any court.

52A PART VI GENERAL-52A. Power to compound.

(1) The Chief Inspector or any Deputy Chief Inspector or any Senior Inspector appointed under subsection 4(1) may, with the consent in writing of the Public Prosecutor, compound any offence committed by any person which is punishable under this Act or any regulations made under this Act.

(2) The Chief Inspector or any Deputy Chief Inspector or any Senior Inspector may, in a case where he deems it fit and proper so to do, compound an offence by making a written offer to the person who has committed the offence to compound the offence on the payment to the Chief Inspector or the Deputy Chief Inspector or the Senior Inspector, as the case may be, within such time as may be specified in the offer, of such sum of money as may be specified in the offer, which shall not exceed fifty per centum of the amount of the maximum fine (including the daily fine, if any, in the case of a continuing offence) to which the person would have been liable if he had b

53 PART VI GENERAL-53. Power to modify agreements.

If by reason of an agreement between the owner and the occupier of premises the whole or any part of which has been let as a factory the said owner or occupier is prevented from carrying out any structural or other alterations in the premises which are necessary to enable him to comply with this Act or in order to conform with any standard or requirement imposed by or under this Act, he may apply to the High Court for the terms of the agreement to be set aside or modified; and the Court, after hearing the parties and any witnesses whom they may desire to call, may make an order setting aside or modifying the terms of the agreement as the Court considers just and equitable in the circumstances of the case.

54 PART VI GENERAL-54. Power to apportion expenses.

Where in any premises the whole or any part of which has been let as a factory any structural or other alterations are required in order to comply with this Act or in order to conform with any standard or requirement imposed by or under this Act, and the owner or occupier, as the case may be, alleges that the whole or part of the expenses of the alterations ought to be borne by the occupier or owner, the owner or occupier may apply to the High Court for the expenses of the alterations to be apportioned between them; and the Court, after hearing the parties and any witnesses whom they may desire to call, may make an order concerning the apportionment of such expenses as the Court considers just and equitable in the circumstances of the case, regard being had to the terms of any contract between the parties, or in the alternative, the Court may, at the request of the owner or occupier, determine the lease.

55 PART VI GENERAL-55. Exemptions.

(1) Nothing contained in this Act shall apply to -

(a) any factory or machinery operated -

(i) by the armed forces; or

(ii) by agreement with the Government by any visiting force lawfully present in Malaysia; or

(b) any machinery which is subject to the law relating to merchant shipping.

(2) Any factory and machinery operated by -

(a) the Government of the Federation and the Government of every State shall be exempted from the provisions of -

(i) the whole of sections 34, 35, 38, 48; and

(ii) sections 36, 37, 39, 40, 43, only in respect of machinery other than steam boilers, steam receivers, fired pressure vessels, unfired pressure vessels and lifts; and

[Am. Act A1268]

(3) The Minister may, by order, exempt either

56 PART VI GENERAL-56. Regulations.

(1) The Minister may make regulations in respect of any matter which may be prescribed under this Act and in particular -

(a) prescribe the duties of the Chief Inspector and of any of the officers appointed under section 4 and the duties of a licensed person;

[Am. Act A1268]

(b) prescribe the records to be kept in respect of machinery and factories and of inspections, the certificates and any other matters to which this Act relates and the form thereof and the person by whom the same are to be kept;

(c) prescribe the standard of cleanliness to be observed and the means of removal of injurious and offensive fumes or dust arising from certain processes in factories, or class or description of factory and the special measures to be taken to ensure the health of persons employed therein;

(ca) prescribe the standard of cleanliness and permissible exposure

57 PART VI GENERAL-57. Medical supervision.

Where it appears to the Minister that in any factory or class or description of factory -

(a) cases of illness have occurred which he has reason to believe may be due to the nature of the process or other conditions of work;

(b) there may be risk of injury to the health of persons employed in any process; or

(c) persons below the age of eighteen years are, or are about to be, employed in work which may cause risk of injury to health,

he may make regulations requiring arrangements to be made for the medical supervision of or the provision of medical treatment of a preventive character for persons, or any class of persons, employed at the factory or class or description of factory as may be specified in the regulations.

58 PART VI GENERAL-58. Repeal.

The Machinery Ordinance, 1953 of the States of Malaya, and the Machinery Ordinance of the State of Sabah and all the regulations made thereunder are hereby repealed:

Provided that -

(a) any appointments made and any exemptions granted under the aforesaid Ordinances shall, so far as they are consistent with this Act, be deemed to have been made or granted by this Act and where applicable under the provisions of this Act shall remain in force until revoked or superseded by any appointment or exemption made under this Act;

(b) any certificates or written permits to operate any machinery granted under the aforesaid Ordinances shall remain valid as if they have been granted under this Act; and where applicable shall have effect for the period specified therein:

Provided further that, in respect of the State of Sabah this section shall not have effect until the whole of the provisio

59 PART VI GENERAL-59. Amendment of Schedule.

The Minister may, at any time by order, amend any of the Schedules.