Sri Lanka Consolidated Acts

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Factories (Amendment) Law (No. 12 of 1976) - Sect 27

Amendment of section 60 of the principal enactment

27. Section 60 of the principal enactment is hereby amended as follows: -
(a) by the substitution, for subsection (1) thereof, of the following new subsection:-
" (1) Any District Factory Inspecting Engineer or any person authorized in writing by the Chief Factory Inspecting Engineer may at any time after informing the occupier or if the occupier is not readily available, the manager, or the superintendent (in the case of an estate factory), a foreman or other-responsible person in the factory,-
(a) take for analysis sufficient samples of any material in use or mixed for use in the manufacture of any article in any factory;
(b) take for analysis sufficient number of articles produced in any factory;
(c) take for analysis any substance used or intended to be used in any factory being a substance in respect of which he suspects a contravention of any regulation made under this Part of this Ordinance, or which in his opinion is likely to cause bodily injury to any person employed;
(d) photograph or make any sketch of any factory or machinery or any article found in such factory; or
(e) take for production at any investigation., inquiry or trial any machinery or article found in any factory.";
(b) by the substitution, for subsection (2) thereof, of the following new subsection: -
" (2) The occupier or the manager or the superintendent (in the case of an estate factory), or the foreman or other responsible person aforesaid may, at the time when a sample is taken under this section, and on providing the necessary appliances, require the District Factory Inspecting Engineer or the person authorized by the Chief Factory Inspecting Engineer to divide the sample into three parts, to mark and seal or fasten up each part in such manner as its nature permits, and -
(a) to deliver one part to the occupier or the manager or the superintendent (in the case of an estate factory) or the foreman or other responsible person aforesaid;
(b) to retain one part for future comparison;
(c) to submit one part to the analyst;
(c) by the substitution, for subsection (3) thereof, of the following new subsection: -
" (3) A certificate purporting to be a certificate by the Government Analyst or the head of such Government Laboratory or Institution as to the result of an analysis of a sample under this section shall in any proceeding under this Ordinance be admissible as evidence of the matter stated therein but either party may require the person by whom the analysis was made to be called as a witness.'; and
(d) by the substitution, for the marginal note to that " section, of the following new marginal note: -


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