Factories (Amendment) Act 1998

This Act may be cited as the Factories (Amendment)

Act, No. 18 of 1998.

Section 22 of the Factories Ordinance (hereinafter referred to as the “principal enactment”) is hereby amended in subsection (2) of that section, by the substitution for the words “not exceeding one thousand rupees.”, of the words

“not exceeding fifty thousand rupees.”

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Section 34 of the principal enactment is hereby amended in subsection (12) of that section by the substitution

Tor the words “not exceeding five hundred tupees.”, of the words “not exceeding twenty-five thousand rupees.”.

Section 35 of the principal enactment is hereby amended in subsection (4a) of that section by the substitution for the words “not exceeding five hundred rupees.”, of the words “not exceeding twenty-five thousand rupees.”

Section 36 of the principal enactment is hereby amended in subsection (4) of that section by the substitution for the words “not exceeding five hundred rupees.” of the words “not exceeding twenty-five thousand rupees.”.

Section 36a of the principal enactment is hereby amended in subsection (2) of that section, by the substitution, for the words “not exceeding five hundred rupees.”, of the words “not exceeding twenty-five thousand rupees.”.

2--D 041880—8,550 (10/96)

Section 39 of the principal enactment is hereby amended in subsection (1) of that section, by the substitution for all the words from “not exceeding five hundred rupees,”

to the end of that subsection of the words “not exceeding twenty-five thousand rupees and if the contravention in respect of which he was so convicted is continued after the conviction, he shall subject to the provisions of section 110, be guilty of a further offence and liable in respect thereof to a fine not exceeding five hundred rupees for each day on which the offence was so continued.”.

Section 60 of the principal enactment is hereby amended in subsection (4) of that section by the substitution for the words “not exceeding five hundred rupees.”, of the words “not exceeding twenty-five thousand rupees.”.

Section 61 of the principal enactment is hereby amended by the.repeal of subsection (3) of that section and the substitution of the following subsection therefor :-—

“(3) Where any accident to which this section applies occurs to a person employed and the occupier of the factory is not the actual employer of the person killed or injured, the occupier or manager, or the superintendent (in the case of an estate factory), shall obtain form the actual employer of the person killed or injured, written notice of the accident, in such form and accompanied by such particulars as may be prescribed and shall forthwith cause such notice of accident to be sent to the District Factory Inspecting Engineer.”.

Section 63 of the principal enactment is hereby amended as follows :—

by the substitution, in subsection (1) of that section for the words “fee of ten rupees”, of the words “fee of two hundred rupees”.

by the substitution, in subsection (2) of that section, for the words “not exceeding fifty rupees.”, of the words “not exceeding five hundred rupees.”.

Section 65 of the principal enactment is hereby amended in paragraph (g) of subsection (1) of that section by the substitution for the words “one hundred rupees” wherever such words occur in that paragraph, of the words “five thousand rupees”.

Section 81 of the principal enactment

.is hereby amended in paragraph (e) of subsection (2) of that section by the substitution for the words “not exceeding fifty rupees.”, of the words “not exceeding two thousand five hundred rupees.”

Section 87 of the principal enactment is hereby amended in subsection (4) of that section, by the substitution for the words “not exceeding one hundred rupees.”, of the words “not exceeding five thousand rupees.”.

Section 90 of the principal enactment is hereby amended in subsection (3) of that section, by the substitution for the words “not exceeding fifty rupees.”, of the words

“not exceeding two thousand five hundred rupees.”.

Section 101 of the principal enactment is hereby amended in subsection (4) of that section, by the substitution for the words “not exceeding fifty rupees ;” of the words

“not exceeding two thousand five hundred rupees ;”.

Section 109 of the principal enactment is hereby repealed and the following section substituted therefor :-—

“Fines for

109.

Replacement of section 109 of the principal enactment

Subject as hereinafter provided, any ofence for person guilty of an offence under this Ordinance express for which no express penalty is provided shall be penaltyis liable—

in the case of a first offence, to a fine ont less than five thousand rupees ;

inthe case of a second offence (not being an offence in respect of a continuation of an offence referred to in subsection (2)), to a fine not less than five thousand rupees but not exceeding twelve thousand five hundred rupees ;

Where any person convicted of an offence and punished under subsection (1) continues the contravention in respect of which he was so convicted and punished he shall, (subject to the provisions of section 110) be guilty of a further offence and liable in respect thereof to a fine not exceeding five hundred rupees for each day on which such contravention was so continued.”.

Section 110 of the principal enactment is hereby amended by the substitution for the words “not exceeding fifty rupees” of the words “not exceeding five hundred rupees”.

Section 111 of the principal enactment is hereby amended by the substitution for the words “not exceeding one thousand rupees;”, of the words “not exceeding one hundred thousand rupees;”.

Section 112 of the principal enactment is hereby amended by the substitution for the words “not exceeding fifty rupees,” of the words “not exceeding five hundred rupees,”.

Section 113 of the principal enactment is hereby amended by the substitution for the words “not exceeding one thousand rupees, or to imprisonment of either description for a term not exceeding three months.”, of the words “not exceeding fifty thousand rupees or to imprisonment of either description for a term not exceeding six months.”.

Inthe event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.