34. The following new section is hereby inserted immediately after section 79, and shall have effect as section 79A, of the principal enactment;-
| 79A.
| | (1) The owner (whether or not he is one of the occupiers) of a tenement factory shall, instead of the occupier, be responsible for any contravention of the following provisions of this Ordinance, that is to say -
| | | (a) the provisions of Part II with respect to cleanliness, overcrowding, ventilation, temperature, lighting, drainage of floors, sanitary conveniences: |
| (b) the provisions of Part III with respect to provision and maintenance of fencing and safety appliances, the construction, maintenance, testing and examination of machinery or plant, the construction, and maintenance of floors, passages and stairs, and the power of a Magistrate's Court to make orders as to dangerous conditions in factories; |
| (c) the provisions of Part IV. |
| (d) the provisions of Part V with respect to the removal of dust or fumes and precautions to be taken when asphyxiant or irritant, gas or vapour is used or is liable to be present; |
| (e) the provisions of Part VI; and |
| (f) the provisions of Part X. |
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| | (2) For the purpose of the 'provisions referred to in subsection (1), the whole of a tenement factory shall be deemed to be one factory in the occupation of the owner. | | |
| | (3) Subsection (1) of this section shall not apply to any contravention arising from the use in a tenement of any feeing, appliances machinery or plant, if the use is a matter outside the control of the owner. | | |
| | (4) Subsection (1) of this section shall not apply to any contravention in rooms . occupied, by only one tenant-
| | | (a) of the provisions of Part II with respect to cleanliness, over-crowding, temperature, ventilation and lighting; or |
| (b) of the provisions of Part V with respect to the removal of dust and fumes; |
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| | (5) Subsection (1) of this section shall not apply to a contravention of the provisions of Part IV unless it arises from any such failure or defect as is mentioned in subsection (4) of this section. | | |
| | (6) The provisions of this Ordinance shall, as far as they are applicable and have not been applied by the foregoing provisions of this section, apply to any part of a tenement factory which is not comprised within any of the separate factories as if that part were a factory and the owner were the occupier thereof. | | |
| | (7) The Minister may be regulations modify the provisions of this section In their application to any class or descriptions of tenement factory. | | |
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Sri Lanka Consolidated Acts