Section 39
Moving or alteration of or addition to machinery to be approved
of Factories and Machinery Act 1967
(1)
No person shall move, alter or add to or cause to be moved, altered or added to, any machinery which is installed for use if the effectiveness of any fencing or any safety appliance is affected by the moving, alteration or addition, unless he has received in writing the approval of the Inspector thereto. For the purpose of such approval there shall be submitted to the Inspector details of the proposed moving, alteration or addition and of the proposed modifications to the fencing and safety appliances together with the name and address of the person who is to carry out the said moving, alteration or addition and a sketch showing the details of the modifications.
(2)
The occupier of the factory shall notify the Inspector in writing as soon as the moving, alteration or addition referred to in subsection (1) has been completed.
(3)
If the machinery does not comply with the requirements of this Act, the Inspector shall by notice in writing served on the occupier or where this is not practicable, posted on the premises where the machinery to which it relates is installed, require such defects as he may specify to be made good or removed within such period as he shall specify in the notice and the machinery shall not be operated after the expiry of that period unless the defects have been made good or removed to the satisfaction of the Inspector who shall thereupon, on payment of the prescribed fee, permit its use and where applicable endorse the certificate of fitness:
44 Laws of Malaysia ACT 139
Provided that if the Inspector is of the opinion the defect is likely to cause immediate danger to life or property, he shall by notice served or posted as aforesaid prohibit the operation of the machinery until the defect is made good or removed, and in that case the machinery shall not be operated so long as the prohibition remains unrevoked:
And provided further that the Inspector may in such case render the machinery inoperative by any means he may deem best suited for the purpose.