Section 36 — FACTORIES AND MACHINERY ACT 1967

(a)

any machinery in any factory; or

(b)

any machinery in respect of which a certificate of fitness is prescribed, except with the written approval of the Inspector.

(2)

For the purpose of obtaining the approval referred to in subsection (1)

there shall be submitted to the Inspector such particulars as may be prescribed.

(3)

When any machinery in respect of which a certificate of fitness is prescribed has been installed, a written notice shall be served by the occupier or owner of the factory on—

(a)

the Inspector, who may as soon as conveniently may be, make an inspection of the machinery; or

(b)

a licensed person where applicable, who shall within one month from the date of receipt of the written notice make an inspection of the machinery.

(4)

If, upon inspection, the Inspector or the licensed person finds that the machinery—

(a)

complies with the requirements under this Act, the Inspector or the licensed person shall issue upon payment of the prescribed fee a certificate of fitness in the prescribed form specifying that the machinery has passed the inspection on the date of the inspection; or

(b)

does not comply with the requirements, the occupier or owner of the factory shall pay to the Government or the licensed person such payments as may be prescribed for the services rendered despite the non-issuance of a certificate of fitness.

42 Laws of Malaysia ACT 139

(5)

Where a certificate of fitness is refused, the Inspector or the licensed person shall specify the grounds for such refusal.

(6)

A person aggrieved by the refusal of the Inspector or the licensed person to issue a certificate of fitness may appeal to the Chief Inspector, and on such appeal, the Chief Inspector shall cause a re-inspection to be carried out at the expense of the aggrieved person and after the re-inspection may cause to be issued or refuse to issue a certificate of fitness.

(7)

The decision of the Chief Inspector under subsection (6) shall be final.

(8)

The licensed person shall employ only a person with the prescribed qualification and competency to carry out the inspection and to issue a certificate of fitness under this section.

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