Sri Lanka Consolidated Acts

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Factories (Amendment) Law (No. 12 of 1976) - Sect 2

Replacement of Part I of Chapter 128,

2. Part I of the Factories Ordinance (hereinafter referred to as the " principal enactment ") replaced by Act No, 54 of 1961, is hereby repealed and the following new Fart substituted therefor:-"
2.
(1) On and after the notified date, no person shall be the occupier of any factory, whether established before, on or after that date, unless such factory is registered and licensed in accordance with the provisions of this Ordinance and the regulations made hereunder:
(2) For the purpose of the registration and licensing required by this Ordinance the date of the establishment of a factory shall be the date on which any of the actual operations of the factory, or any process of work of any kind, other than the construction or renovation of buildings or the cleaning and preparation of the premises or the installation or repair of machinery or equipment, is commenced therein.
(3) On and after the notified date no person shall commence-
(a) the construction of a factory building on any site; or
(b) the making of any extension to any factory building; or
(c) the conversion of any other building into a factory building,
(4) In this section, " extension " includes the addition of any building, room or other structure, the alteration of any building for the purpose of dividing it into two or more portions, the roofing of any space between two or more walls, the re-erection of the whole or any part of any building destroyed or demolished for the purpose of re-erection, any change in the lay out of machinery, or any other alteration in the internal arrangements of the building which affects any provision of this Ordinance such as the temperature, lighting or ventilation.
3.
(1) The Minister may, by regulations, provide for all matters relating to the registration and licensing of factories, the approval of factory buildings and sites; the approval of extension to factory buildings and the approval of the conversion of other buildings into factory buildings, required by this Ordinance.
(2) In particular and without prejudice to the generality of the powers conferred by subsection (1). the Minister may be regulations-
(a) require, for the purpose of considering applications for approval under section 2 (3), the submission of plans and specifications and prescribe the nature of. such plans and specifications:
(b) prescribe the form of application and the fees payable for registration and licensing and for the renewal of licences;
(c) prescribe the forms of certificates to be issued on registration, and licensing:
(d) provide for the matters to be complied with by an applicant-before registration or licensing: and
(e) prescribe the conditions subject to 'which registration, may be made and licences may be issued and the circumstances in which such registration and licences may be cancelled.
(3) For the purpose of the registration and licensing of factories different regulations may be made under the preceding provisions of this section-
(a) in respect of factories established before the notified date; and
(b) in respect of factories established on or after the notified date,
4. On and after the notified date no person shall commence the occupation of, or the use of any premises as, a factory unless he has, at least one month before the date on which it is intended to commence such, occupation or use, served on the Chief Factory Inspecting Engineer or the District Factory Inspecting Engineer a written notice of stating the intention to commence such occupation or use, and specifying the name and address of such person, the situation of the factory or premises, the nature of the work to be carried on therein and the particulars in respect of such matters relating to the factory or premises as may be prescribed;
5. When work in any factory has before such work was suspended was six months, the person who. immediately been suspended for a period exceeding the occupier of the factory-
(a) shall serve on the ' Chief Factory inspecting Engineer or the District Factory inspecting Engineer a written notice specifying the date on which such work was suspended; and
(b) shall not resume such work therein unless he has , at least fifteen clays before the date on which it is intended to resume such work, served on the Chief Factory Inspecting Engineer or the District Factory Inspecting' Engineer a 'written notice stating the intention to resume, and the date on which it is intended to resume, such work.
5A. No local authority shall issue a licence to carry on any trade or business which consists of or includes any process or operation referred to in sections 80, 81, 82. 84, 86 or 126, unless the premises in which such trade or business is carried on is registered as a factory under this Ordinance.',


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