Section 19

In the case of any contravention of subsection (1) an Inspector shall forthwith serve upon the person aforesaid a notice in writing prohibiting the operation of the machinery or may render the machinery inoperative until such time as a valid certificate of fitness is issued.

Certificates of fitness issued under this Act shall be in the forms respectively prescribed, and shall be valid subject to this Act, for such period as may be prescribed.

A certificate of fitness in respect of any machinery which is being dismantled or repaired or is damaged for any reason shall terminate upon such dismantlement, repair or damage, but the Chief Inspector may exempt any machinery from the application of this subsection if in his opinion the machinery will not cause any danger to any person or property.

For the purpose of subsection (4)—

“damage” means any physical defect caused to any machinery during operation or otherwise which may affect the strength and integrity of the machinery during subsequent operation;

“dismantle” means to undo any part of any machinery which may affect the strength, integrity or functional capability of that machinery;

“repair” means any work done to make good any part of any machinery which has been damaged.

Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Factory and Machinery 29

Power to revoke certificate of fitness obtained by way of fraud or misrepresentation