19. Section 44 of the principal enactment is hereby repealed and the following new section substituted therefor: -
44.
| | (1) If on complaint by any person appointed under section 100 a Magistrate's Court is satisfied-
| | | (a) that any part of the ways, works, machinery or plant used in a factory is in such a condition or is so constructed or is so placed. that it cannot be used without risk of bodily injury; or |
| (b) that any process of work is carried on or anything is or has been done in any factory in such a manner as to cause risk of bodily injury; |
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| | (2) Where a complaint is or has been made under subsection (1) of this section, the court may, on application ex parte by any person appointed under section 100, and on receiving evidence that the use of any such part of the ways, works, machinery or plant, or as the case may be, the carrying on of any process or work or the doing of anything in such a manner as aforesaid, involves imminent risk of serious bodily injury, make an interim order prohibiting, either absolutely or subject to conditions, the use, carrying on or doing thereof until the earliest opportunity for hearing and determining the complaint.". | | |
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