Section 40

All machinery in respect of which a certificate of fitness is prescribed shall be inspected by an Inspector or a licensed person at such periods and in such manner as may be prescribed.

The occupier of every factory and the owner or person having possession of any machinery shall afford to an Inspector all reasonable facilities for inspection and all information as may reasonably be required in connection therewith.

For the purpose of subsection (1A), the occupier of every factory and the owner or person having possession of any machinery in respect of which a certificate of fitness is prescribed shall afford to an Inspector or a licensed person all reasonable facilities for inspection and testing and all information as may reasonably be required in connection with the inspection.

Every engineer and dredgemaster in charge of any machinery and every occupier of a factory, shall as soon as he becomes aware of any defect therein which is likely to cause bodily injury to any person or damage to any property, make good or remove the said defect, and if the engineer, dredgemaster or occupier is unable to make good or remove the said defect he shall cease to operate such machinery or use such part or parts of the factory and forthwith make a report thereon to an Inspector.

Factory and Machinery 45

If in the opinion of an Inspector the use of any part of the ways or works in a factory, or machinery, whether a certificate of fitness is or is not prescribed in respect of the machinery, is likely to cause bodily injury to any person or damage to any property, he shall by notice in writing served on the occupier or where this is not practicable, posted at the premises where the machinery to which it relates is installed, require the defect to be made good or removed within such period as he shall therein specify and in every such case that part of the ways or works in that factory shall not be used or the machinery shall not be operated after the expiry of that period unless the defect has been made good or removed to the satisfaction of the Inspector expressed in writing:

Provided that if the Inspector is of the opinion that the defect is likely to cause immediate danger to life or property, he shall by notice served or posted as aforesaid forthwith prohibit the operation and use of the said machinery until the defect is made good or removed to the satisfaction of the

Inspector expressed in writing:

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.

Any factory owner or occupier may apply to the Chief Inspector for approval for a special scheme of inspection.

The Chief Inspector may approve the application under subsection (5) if he is satisfied that the prescribed requirements in respect of the machinery in question in relation to the special scheme of inspection have been fulfilled.

Upon the approval under subsection (6), the inspection of the machinery shall be conducted according to the special scheme of inspection.

Any person who contravenes subsection 40(3) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.

46 Laws of Malaysia ACT 139

Questions for decision by an Inspector and appeals from such decision