Clause 13

If the Chief Inspector is satisfied that —

any factory or part of a factory is in such condition, or is so placed, or any part of the machinery or plant in the factory is so used, that any process or work carried on in the factory cannot be carried on with due regard to the safety, health and welfare of the persons employed; or

any process or work is carried on or anything is or has been done in any factory in such a manner as to cause risk of bodily injury,he may by order direct the occupier of the factory —

to take such steps as may be specified in the order, to remedy the danger to the satisfaction of the Chief Inspector; or

to cease forthwith the carrying on of any process or work indefinitely or until such steps have been taken as may be specified in the order to enable the process or work to be carried on with due regard to the safety, health and welfare of persons employed.(2) The occupier of a factory who fails to comply with any order under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part thereof during which the offence continues after conviction.(3) Where the occupier of a factory fails to comply with any order under subsection (1), the Chief Inspector may —

at all reasonable times enter upon the premises of the factory and take such measures and do such work as may be necessary to comply with the order; and

take appropriate measures to prevent unauthorised entry to any area or unauthorised access to any machinery affected by the order.(4) Any costs and expenses incurred by the Chief Inspector under subsection (3) may be recovered as a debt due to the Government from the occupier of the factory.(5) Where the Chief Inspector has taken measures under subsection (3)(b) in respect of any area or machinery, any person who, knowing that such measures have been taken, enters that area or gains access to that machinery without the authorisation of the Chief Inspector shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.(6) A police officer or an inspector authorised in writing by the Chief Inspector may arrest without warrant any person who has committed an offence under subsection (5) and take him before a Magistrate’s Court to be dealt with according to law.(7) Section 88(4) to (9) shall apply, with the necessary modifications, to a person arrested in accordance with subsection (6).”.