Sri Lanka Consolidated Acts

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Factories (Amendment) Law (No. 12 of 1976) - Sect 37

Replacement of heading and section 84 of the principal enactment."

37. (1) The heading immediately after section 83 of the principal, enactment is' hereby repealed and the following new heading substituted therefor: -
(2) Section 84 of the principal enactment is hereby repealed and the following new section is substituted therefor: -
84.
(1) Subject to the following provisions of this section, the provisions of this Ordinance specified in subsection (2) of this section shall apply to building and other construction works undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking, and to any line or siding which, is used in connection therewith and for the purposes therof and is not part of a railway or tramway.
(2) The said provisions are: -
(3) No order made under the provisions of this Ordinance with respect to the power of a Magistrate's Court to make orders as to dangerous conditions and practices and no special regulations made under Part V of this Ordinance shall operate so as to interfere with the design of any works of engineering construction or with the adoption in the execution of these work of any method not inconsistent with the safety of the works or of the person employed which is prescribed in the specification or in any signed plans issued, or written directions given, by the consulting engineer or
(4) The provisions of this Ordinance in their application to building operations or to works of engineering construction shall have effect as if any place where such operations or works are carried on were a factory and any person undertaking any such operations or works to winch, this Ordinance applies were the occupier of a factory, and with such other adaptations and modifications as may be made by regulations made by the Minister.
(5) The provisions of this Ordinance requiring general registrars to be kept and copies of the prescribed bed abstract of this Ordinance and of special emulations or the prescribed abstract of such regulations to be kept posed up on the premises shall be deemed to be complied with do respects building operations or works of engineering (construction if the register is kept at an office of the person undertaking the operations or works and copies of the abstract of this Ordinance and of the regulations or abstract thereof are kept posted up at each office, yard or shop of the person undertaking the operations or work- at which persons employed by him on the operations or works attend, and in a position where they can easily be read by those persons.
(6) Subject to subsection (7) of this section, any person undertaking any building operations or works of engineering construction to which this Ordinance applies shall, not later than seven days after the beginning thereof, serve on the District Oil the District Factory Inspecting Engineer a written notice stating the name and postal address of that person, the place and nature of the operations or works, whether any mechanical power is used and, if so, its nature, the name of the local authority within whose administrative limits the operations or works are situated and such other particulars as may be prescribed
(7) Subsection (6) of this section shall not apply to any operations or works which the person undertaking them has reasonable grounds for believing will be completed in a period of less than six weeks, except in such cases as the Chief Factory Inspecting Engineer may direct; and where a person undertakes any building operations or works of engineering construction in a place where such operations or works, as the case may be, are in progress, he shall not be required to give notice under that subsection if such a notice was given in respect of the operations or works in progress,
(8) The application of this Ordinance to any building operations or works of engineering construction by virtue of the foregoing provisions of this section shall not be excluded by reason of the fact that they are undertaken on premises to which this Ordinance applies apart from those provisions; and nothing in this section shall be taken as prejudicing the application of this Ordinance to those premises apart from this section.".


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