Factories Act 1970 PDF
Factories Act 1970 PDF
Factories Act 1970 PDF
____________________________________
ARRANGEMENT OF REGULATIONS
_____________________________________
Preamble
PRELIMINARY
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
FIFTH SCHEDULE
SIXTH SCHEDULE
SEVENTH SCHEDULE
EIGHT SCHEDULE
NINTH SCHEDULE
LIST OF AMENDMENTS
Preamble
IN exercise of the powers conferred by section 56 (1) of the Factories and Machinery Act 1967 [64/1967],
the Minister of Labour hereby makes the following regulations.
PRELIMINARY
These regulations may be cited as the Factories and Machinery (Notification, Certificate of Fitness
and Inspection) Regulations, 1970, and shall come into force on the 1st of February, 1970.
2. Interpretation.
"cubic capacity" means, in respect of any unfired pressure vessel, the volumetric capacity measured in
cubic metre;
[Am. P.U. (A) 345/2004]
"service lift" means a lift designed and constructed to carry goods only, and includes a dumbwaiter;
"heating surface " means, in respect of any steam boiler, the total surface of all plates and tubes exposed
to heat on one side and in contact with water on the other, measured on the water or fire side, whichever
is the greater, and excluding the heating surface of any economiser and superheater connected thereto;
"working floor area" means the area covered by the premises and all the precincts, curtilage and yard of
the factory as derived from the plan or sketch submitted at the time of notification, including all floor areas
above and below ground level:
Provided that catwalks, ladders, and other such means of access to machinery shall not be considered
when calculating working floor area;
"initial inspection" means an inspection of any machinery or factory carried out subsequent to service of
notices under regulations 3 (2) and 7 (2) of these regulations or an inspection of any machinery for which
a certificate of fitness is required pursuant to section 36 (2) of the Act and in respect of which a certificate
has not been issued;
(1) Pursuant to paragraph (i) and (ii) of sub-section (1) of section 34 of the Act the prescribed particulars
to be submitted in respect of premises occupied or used as a factory at the date of the coming into force
of the Act shall be as Form A and Form B respectively in the First Schedule to these regulations.
(2) Pursuant to paragraph (a) of sub-section (2) of section 34 of the Act the prescribed notice in respect of
premises to be first used as a factory after the date of the coming into force of the Act shall be as Form C
in the First Schedule to these regulations.
(3) Pursuant to paragraph (b) of sub-section (2) of section 34 of the Act the prescribed notice to be served
by every person who takes over a factory from another person after the date of the coming into force of
the Act shall be as Form D in the First Schedule to these regulations.
(4) The provisions of this regulation shall not apply to building operations or works of engineering
construction.
Pursuant to sub-section (1) of section 35 of the Act the prescribed notice to be served by every person
undertaking any building operations or works of engineering construction after the date of the coming into
force of the Act (unless exempted under the provisions of section 35 (2) of the Act) shall be as Form E in
the First Schedule to these regulations.
Pursuant to section 38 (1) of the Act, the particulars required to be entered in or attached to the general
register to be kept in every factory shall be as specified in the Second Schedule to these regulations.
(1) Pursuant to section 42 of the Act with respect to notice of any structural change, or changes in the
name of the factory or the nature of the work carried on therein, to be served on the Inspector shall be as
specified in the Third Schedule to these regulations.
(2) The provisions of this regulation shall not apply to building operations or works of engineering
construction.
7. Installation of machinery.
(1) Pursuant to sub-section (1) of section 36 of the Act the prescribed particulars to be served by every
person who intends to install or cause to be installed any machinery other than electric passenger and
goods lifts after the date of the coming into force of this Act shall be as Form A in the Fourth Schedule to
these regulations.
(2) Pursuant to sub-section (3) of section 36 of the Act the prescribed notice to be served on the Inspector
in respect of any machinery, other than machinery in respect of which a certificate of fitness is prescribed,
or which is specified in any written notice served on the Inspector pursuant to section 34 of the Act, to be
first used in a factory shall be as Form B in the Fourth Schedule to these regulations.
8. Notification of accidents.
Any report to an Inspector in respect of an accident under the provisions of section 31 of the Act shall be
in the form specified in Form A of the Fifth Schedule to these regulations.
The notice to be submitted pursuant to sub-section (2) of section 32 in respect of any person suffering
from any of the diseases named in the Third Schedule to the Act and contracted in a factory, shall be in
the form specified in Form B of the Fifth Schedule to these regulations.
PART II
CERTIFICATES OF FITNESS
(1) The owner of every steam boiler, unfired pressure vessel or hoisting machine other than a hoisting
machine driven by manual power shall hold a valid certificate of fitness in respect thereof so long as such
machinery remains in service.
(2) A certificate of fitness for every steam boiler, unfired pressure vessel and hoisting machine shall be as
Forms A, B and C in the Sixth Schedule to these regulations.
(3) The period of validity of every certificate of fitness shall ordinarily be fifteen calendar months from the
date of inspection or such longer period not exceeding three years as the Chief Inspector in his discretion
may consider appropriate:
Provided where any steam boiler, unfired pressure vessel or hoisting machine is out of service for a long
period immediately subsequent to an inspection by reason of dismantling or repair of any defect the
Inspector may issue a certificate effective from the date when such machinery is replaced in service.
(4) Where the components of any combination of unfired pressure vessel, hoisting machine are so
interconnected that it would be unreasonable to issue certificates of fitness for each component the Chief
Inspector may direct that one certificate of fitness be issued to cover the combination of components.
(5) The certificate shall be in the form prescribed for that component of the combination which, in the
opinion of the Chief Inspector, is the most appropriate and the inspection fee shall be charged
accordingly.
The validity of a current certificate of fitness in respect of any machinery which is sold or hired our shall
terminate on such sale or hire.
The possession of a current certificate of fitness in respect of any machinery shall in no way absolve the
owner thereof from compliance with the provisions of any written law relating to the construction,
installation, maintenance and operation of the machinery.
PART III
INSPECTION
(1) After an initial inspection every factory and every machinery shall be inspected at regular intervals by
an Inspector so long as such factory remains in operation or such machinery remains in use.
(2) The regular interval shall ordinarily be fifteen months subject to such extension not exceeding thirty-six
months in any particular case as may be authorised by the Chief Inspector in his discretion, and the
regular inspection shall ordinarily be carried out during the fifteen months following the month in which the
last inspection was made or where the interval has been extended by the Chief Inspector during the
month following the expiry of the extended interval.
(1) An Inspector may postpone a regular inspection of a factory or machinery if he cannot conveniently
carry it out on or about the due date or after the occupier or the owner requests a postponement for some
good and sufficient reason provided that the inspection shall not without the approval of the Chief
Inspector be postponed for a period of more than three months after the date due or in the case of
machinery which requires a certificate of fitness on the date on which the validity of such certificate
expires.
(2) An Inspector may in his discretion advance the date of the regular inspection of any factory or
machinery provided that such date shall in no case be earlier than the first day of the twelfth month
following the month in which the last inspection was made.
(3) An Inspector may reduce the interval between inspections of any factory or machinery at the request
of the occupier of the owner or where in the opinion of the Inspector the rate of deterioration of the factory
or machinery or the nature of work carried on in the factory is such that a shorter interval between
inspections is necessary or in the case of machinery requiring a certificate of fitness, he is not able to
issue a certificate of fitness in respect thereof for the ordinary period of validity.
An Inspector shall give reasonable notice to an occupier or owner of his intention to make a regular
inspection on Form A in the Seventh Schedule to these regulations.
The occupier of any factory or owner of any machinery, if not the occupier, shall upon receipt of a notice
of intended regular inspection ensure at the due date that such factory or machinery is prepared for
inspection in accordance with the following:
(i) that such steam boiler including any economiser and superheater connected thereto is
empty, cool and dry and has been thoroughly cleaned inside and outside;
(iii) that all smoke-tubes, exterior of water-tubes, furnaces, smoke-boxes and external
flues have been thoroughly cleaned;
(iv) that all manhole, handhole and sighthole doors and cleaning plugs have been
removed;
(v) that all caps in the headers and mud-drums of water-tube steam boilers have been
removed;
(vi) that all cocks and valves have been dismantled, cleaned and ground where
necessary;
(vii) that the steam boiler has been effectively disconnected from any other steam boiler
and source of steam or hot water in the manner prescribed therefor; and
(viii) that any special requirements which the Inspector may have specified, in writing on
the notice of inspection have been complied with. Such special requirements may be in
respect of the drilling of any plates, the removal of any lagging, brick-work or masonry,
the preparations for a hydrostatic test of the steam boiler, or its mountings and
associated piping, the withdrawal of tubes, the verification of the pressure gauge, and the
dismantling for inspection of any part of any associated steam engine.
(b) In respect of any unfired pressure vessel, that the preparations as for steam boilers and
contained in sub-paragraphs (i), (iv), (vi), (vii) and (viii) of paragraph (a) of this regulation are
complied with so far as is appropriate.
(c) In respect of any hoisting machine, that arrangements have been made to enable such
hoisting machine to be tested under conditions of maximum safe working load and so as to cause
all safety devices to function.
(d) In respect of any other machinery, that arrangements have been made, so far as practicable,
to operate any driven machinery under maximum load and to have all safety devices in proper
working order.
(e) In respect of factory premises that arrangements have been made, so far as practicable, to
have such premises clean and tidy, and have a readiness all such means and appliances for safe
access, as requested by an Inspector, as to facilitate good and proper inspection in accordance
with the provisions of the Act and the appropriate regulations made thereunder.
(1) On a visit of regular inspection where such factory or machinery is not prepared as prescribed, an
Inspector may refuse to make or complete the inspection of the factory or machinery and in such case the
Inspector shall inform the occupier or owner thereof in writing of his reason for such refusal and shall
appoint such other date and time for the inspection.
(2) In respect of such visit of inspection or of each such other visit of inspection the appropriate fee for a
regular inspection shall be charged.
(1) In addition to the initial and regular inspection prescribed an Inspector shall make a supplementary
inspection of every steam boiler and unfired pressure vessel within a period of three months subsequent
to the date of the initial and of every regular inspection, except that in the case of any unfired pressure
vessel not under pressure of steam such supplementary inspection may be made as and when the Chief
Inspector may direct.
(2) The owner of every steam boiler or unfired pressure vessel shall ensure, during any supplementary
inspection, that conditions of maximum working pressure are maintained.
(3) An Inspector shall give reasonable notice to an owner, in writing, of his intention to make a
supplementary inspection, in Form B set out in the Seventh Schedule to these regulations.
(1) An inspector may, at the request in writing of a prospective purchaser of any machinery or prospective
occupier of any premises intended to be used as a factory, and on payment of the prescribed fee, make a
special inspection of such machinery or premises, or supervise a special hydrostatic or other test on any
machinery.
(2) As a consequence of any special inspection or test, the Inspector shall inform such prospective
purchaser or occupier in writing of his observations during such inspection or test, and no other certificate
including a certificate of fitness shall be issued.
21. Further inspection.
Pursuant to section 7 (1) of the Act an Inspector may, at any time notwithstanding anything contained in
these regulations make further inspections of any machinery or factory as he may deem necessary to
ensure that any lawful order given in pursuance of the Act or any regulation made thereunder has been
carried out or to ensure that the provisions of the Act or any regulation made thereunder are being
observed.
Any occupier, owner, engineer, dredgemaster or driver who is required by any notice of a regular or a
supplementary inspection to be present at such inspection shall be present thereat and an occupier or
owner shall advise and instruct his engineer, dredgemaster or driver, as the case may be, to attend such
inspection where so required by any notice of inspection.
All inspections shall be carried out in respect of detail as the Chief Inspector may direct.
(1) Every occupier or owner shall, on receipt of a notice of regular inspection in respect of a factory which
is no longer in operation, or on receipt of a notice of regular or supplementary inspection in respect of
machinery which is no longer working, and which he does not wish to be inspected, inform the inspector
accordingly.
(2) In the case of a notice of regular inspection, where the Inspector is not so informed within thirty-six
hours of the appointed time of inspection the occupier or owner shall be liable for payment of the regular
inspection fee.
(3) Before resuming the operation of such factory or the use of such machinery, the occupier or owner
thereof shall send notice in writing to the Inspector as required under sub-section (2) (a) of section 34,
and sub-sections (2) and (3) of section 36 of the Act as the case may be.
Following the inspection of every steam boiler, unfired pressure vessel and hoisting machine other than a
hoisting machine driven by manual power and on payment of the prescribed fee the Inspector shall where
he is satisfied that such machinery complies with the provisions of the Act and the regulations relating
thereto, issue the appropriate certificate of fitness:
Provided that where any steam boiler, unfired pressure vessel or hoisting machine is out of service for a
prolonged period immediately subsequent to an inspection by reason of dismantling or repair of any
defect, the Inspector may issue a certificate operative from the date when such machinery is replaced in
service.
26. Operational condition and limitation after inspection.
(1) After an inspection of any factory or machinery, an Inspector may, in his discretion, issue a notice in
writing in respect of the factory or machinery specifying such operational conditions and limitations as he
may deem appropriate except that in the case of a machinery requiring a certificate of fitness such
operational condition and limitation shall be endorsed in the certificate thereof.
(2) The conditions and limitations may include the operation of machinery at a reduced maximum working
pressure or at a reduced maximum speed or at a reduced maximum applied load.
(3) Machinery in respect of which a notice described in paragraph (1) above has been issued shall be
operated strictly in accordance with the conditions and limitations specified in such notice or by such
endorsement.
(4) An Inspector shall notify the Chief Inspector of all machinery in respect of which notices as described
in paragraph (1) have been issued or certificates of fitness have been endorsed.
Pursuant to sub-section (3) of section 39 and sub-section (4) of section 40 of the Act where the Inspector
is of the opinion that such factory or machinery does not comply with any of the provisions of the Act or
any regulations made thereunder, he shall issue to the occupier or owner a notice as Form A in the
Eighth Schedule to these regulations requiring him to make good or remove any defect or otherwise
cause the factory or machinery to comply with such requirements of the Act or any regulations made
thereunder within such period as he shall specify therein:
Provided that where the defect is, in his opinion, likely to cause immediate danger to life or property he
shall issue to the owner or occupier a notice to cease operation forthwith as Form A in the Eight Schedule
to these regulations.
Where an Inspector finds that there is no current certificate of fitness in respect of any machinery for
which a certificate of fitness is prescribed, he shall give a notice in pursuance to section 19 (2) of the Act
prohibiting the use of such machinery to the owner. Such notice shall be in Form B in the Eighth Schedule
to these regulations.
Where by reason of breakdown or where there is damage caused by any accident reportable under
section 31 of the Act, any machinery or factory is so damaged that it requires very extensive repairs or
that it is not readily identifiable thereafter-
(i) in the case of any machinery in respect of which a certificate of fitness is in force the occupier
or owner shall surrender the certificate of fitness pertaining to such machinery to an Inspector
who on receipt of such a certificate shall cancel or suspend it and no issue of a new certificate or
renewal of any suspended certificate shall be made until such machinery has been repaired to his
satisfaction; and
(ii) in the case of other machinery or factory and before resuming the use of such machinery or
the operation of such factory the owner or occupier thereof shall send a notice in writing to an
Inspector as required under sub-section (2) of section 34 and sub-section (3) of section 36 of the
Act as the case may be.
(1) Pursuant to paragraph (f) of section 7 (1) of the Act an inspector may at any time after informing an
occupier or owner of a factory or machinery or if the occupier or owner is not readily available, a
responsible person with respect to the factory or machinery, take for analysis or test sufficient samples of
any substance used or intended to be used in or in connection with such factory or machinery.
(2) The occupier, owner or responsible person may, at the time when a sample is taken by an Inspector
under the provisions of this regulation and, on providing the necessary appliances, request for the division
of the sample into three parts where such sample permits such division, for-
(i) the marking, sealing and fastening up of each part in such a manner as its nature permits;
(iii) the retention of one part by the Inspector for future comparison; and
(3) A certificate purporting to be a certificate by any of the authorities specified in the Ninth Schedule to
these regulations as to the result of any analysis or test of a sample under this regulation shall, in any
proceedings, be admissible as evidence of the matters stated therein, but either party may require the
person by whom the analysis or test was made to be called as a witness.
31. Penalties.
Any person who commits an offence against these regulations for which no corresponding penalty is
provided by the Act shall be liable to a fine not exceeding one thousand dollars.
31A. [Deleted].
[Deleted - Factories And Machinery (Notification, Certificate Of Fitness And Inspection) (Amendment)
Regulations, 2009 - P.U. (A) 168/2009].
Nothing in these regulations shall operate to relieve any owner, occupier or other person from complying
with any other written law.
PART IV
INSPECTION FEES
Fees shall be charged as follows for an inspection of a factory (excluding inspection of machinery) where
the working floor are is-
RM
Fees shall be charged for an inspection of a steam boiler (including any associated steam engine) as
follows:
(i) where such vessel is under steam pressure and has a cubic capacity-
RM
0.1 cubic metre and above but under 0.5 cubic metre 54
(ii) where such vessel is not under steam pressure, and is not used exclusively for starting an
internal combustion engine, and has a cubic capacity
RM
0.1 cubic metre and above but under 0.5 cubic metre 40
Fees shall be charged as follows for an inspection of an internal combustion engine where the kilowatt of
such engine is
RM
under 10 kilowatt 50
Provided that, where the engine is started by means of compressed air or exhaust gas, there shall be
charged an additional fee of RM20 for every unfired pressure vessel connected to such engine.
Fees shall be charged as follows for an inspection of any waterdriven engine where the kilowatt of such
engine is-
RM
under 20 kilowatt 40
(i) any hoisting machine (other than an electric passenger, goods or service lift or mobile crane)
where the aggregate kilowatt of the prime movers installed therein is-
RM
under 15 kilowatt 86
(ii) any electric passenger or goods lift where the travel of such lift is-
RM
(i) any machinery other than steam boiler, unfired pressure vessel, hoisting machine or internal
combustion engine where the aggregate kilowatt of the prime movers (excluding any standby
prime mover) is-
RM
under 10 kilowatt 15
(ii) At any time when additional machinery other than steam boiler, unfired pressure vessel,
hoisting machine or internal combustion engine is installed and the aggregate kilowatt required to
drive the total machinery exceeds the category in which the machinery is registered, additional
fee equal to the difference between the fee chargeable on the new category and the fee already
paid will be charged.
(iii) In the case of an inspection of a gas cylinder in the course of its manufacture including the
witnessing of hydrostatic or other tests on such cylinder the fee shall be RM2 for every such
cylinder having a capacity not exceeding 0.15 cubic metre.
The fee to be charged for a special inspection under the provisions of regulation 20 of these regulations
shall be at the rate appropriate for initial inspection.
(i) to ensure that repairs to machinery have been properly effected or that any lawful order given
in pursuance of the Act or any regulations made thereunder has been carried out or to ensure
that the provisions of the Act and any regulations made thereunder are being observed;
an Inspector may in his discretion charge a fee at a rate not exceeding half the rate appropriate for an
inspection and not in any case exceeding RM100.
Every fee for an inspection shall be paid within thirty days from the date of such inspection.
FIRST SCHEDULE
Form A
NOTICE of occupation or use of premises as factory at the date of the coming into force of the Act as
required under section 34 (1) (i) of the Act. (Factory as defined in section 2 of the Act).
I / We the undersigned hereby give notice that I am / we are operating a factory, particulars of which are
given below:
A. Name of Factory
B. Particulars of occupier:
1. Name
2. Postal Address
C. Particulars of operation:
1. Date of first operation
I/ We declare to the best of my/ our knowledge and belief that all particulars furnished in this modification
are true.
To:
NOTICE to request for further particulars concerning the occupation or use of premises as a factory at the
date of the coming into force of the Act as required under section 34 (1) (ii) of the Act.
Pursuant to section 34 (1) (ii) of the Factories and Machinery Act, 1967, you are hereby required to
furnish all the particulars as requested herein. This form must be delivered to me at the address below
within six months from the date of service of this Notice.
Note-
Notice of Operation of Factory as required under section 34 (1) (i) of the Factories and Machinery Act,
1967 (Form A of the First Schedule to these regulations) was submitted on .....................................
Name of factory .. ..
Name of occupier .. ..
Form A
A-D
E. Particulars of authorities concerned with
the project:
1. Name of local or other authorities
having statutory jurisdiction over the
area where premises is situated
a. Site has been obtained on Date
2. Approval from local authority in b. Building has been obtained on
respect of
c. Fire has been obtained on
precautionary
measures
d. Others has been obtained on
3. Approval from electrical Electrical has been obtained on
inspectorate in respect of installation
4. Approval from other government authorities or departments in respect of operating permits, licenses
and registration certificates, etc.
F. List of installation/machinery including steam boilers, unfired pressure vessels, internal combustion
engines, hoisting machines with details in the form below:
Column 2 - State whether steam boiler, unfired pressure vessel, internal combustion engine or
description of machinery or hoisting machine
G. I / We submit herewith, dimensioned sketch layout plans of the factory as listed below:
1. ......................................................................................................................
2. ......................................................................................................................
3. ......................................................................................................................
NOTE-
(i) Dimensioned layout of the whole factory including all premises, precincts, curtilages, yards,
etc. and all installations in the open and clear indication of the boundaries within which the
activities of the factory will be confined.
(b) Purpose of each part of floor of each premises (e.g., storage, works, administration,
etc.)
(c) Position and number of washing and toilet facilities (in the factory layout plan if these
are not in the premises).
(g) All major openings, pits, trenches and rails in floors, their dimensions and purposes.
H. " Working Floor Area"- calculated from sketch/drawing submitted ........................... square metre.
I / We declare to the best of my/our knowledge and belief that all particulars furnished in this application
are true.
To:
NOTICE of first occupation of a factory as required under section 34 (2) (a) of the Act (Factory as defined
under section 2 of the Act).
*(a) give notice that I / we shall begin to occupy a factory, particulars and details of which are given below
on a date not less than one month from the date of this notice, i.e., on or after
*(b) request your written permission to begin to occupy a factory, particulars and details of which are
given below on a date less than one month from the dare of this notice, i.e., on
2. Postal Address
_________________________________
* Delete where not applicable.
F. I / We submit herewith, dimensioned sketch layout plans of the intended factory as listed below:
1. ..........................................................................................................................
2. ..........................................................................................................................
3. ..........................................................................................................................
NOTE-
(i) Dimensioned layout of the whole factory including all premises, precincts, curtilages, yards,
etc. and all installations in the open and clear indication of the boundaries within which the
activities of the factory will be confined.
(b) Purpose of each part of floor of each premises (e.g., storage, works, administration,
etc.)
(c) Position and number of washing and toilet facilities (in the factory layout plan if these
are not in the premises).
(e) Height of lowest part of ceiling or cross beam from floor level.
(g) all major openings, pits, trenches and rails in floors, their dimensions and purposes.
G. "Working Floor Area"- calculated from sketch/ drawing submitted ............................. square metre.
I / We declare to the best of my/our knowledge and belief that all particulars furnished in this application
are true.
LIST OF MACHINERY
Item Description Manufacture Serial Year of Horse R.P.M Type of FOR BOILERS AND FOR Permission
of No. manufacture power drive UNFIRED PRESSURE HOISTING to install
machinery e.g, VESSELS MACHINES obtained on
electric/
*Heating Working Reg. SAFE
diesel/
surface pressure No. or WORKING
others
or file ref. LOAD
capacity and
date of
approval
of
design
* Heating surface for boilers to be given in square metre; capacity for unfired pressure vessels to be given
in cubic metre.
NOTICE in respect of taking over a factory under section 34 (2) (b) of the Act.
A. Particulars of factory:
1. Name of factory
2. Name of present occupier
3. Postal address
B. 1. Name of previous occupier
2. Postal Address
I / We the undersigned, present occupier of above factory, hereby give notice that I / we have taken over
the above factory on ................................................................... and I / We declare that there is NO
CHANGE in the nature of the work carried on in the said factory.
To:
NOTICE in respect of building operation and works of engineering construction as required under section
35 (1) of the Act.
I / We the undersigned hereby give notice that I / We have undertaken building operation / works of
engineering construction particulars of which are given below:
Name
Postal address
4. Location/site of operation (Sketch
location showing position relative to
nearest main road and state
milestone if no other landmark is
available)
5. Particulars of sub-contractors if
any:
a. Name and postal address
b. Name and postal address
c. Name and postal address
6. Name of architect, consultants
connected with project:
a. Name and postal address
b. Name and postal address
7. List of construction machinery, including steam boilers, unfired pressure vessels, internal combustion
engines and hoisting machines, used by person undertaking the operation, with details in the form below:
Column 2 - State whether steam boiler, unfired pressure vessel, internal combustion engine or
description of machinery or hoisting machine.
I declare to the best of my knowledge and belief that all particulars furnished in this application are true,
and that all machinery used comply with the requirements of this provision of the Act and the relevant
regulations made thereunder.
NOTE-
Not applicable to building operation and works of engineering construction the carrying out of
which does not involve the use of machinery and which the person undertaking them has grounds
for believing will be completed in a period of less than six weeks.
SECOND SCHEDULE
1. Particulars of person employed part or full time within the two preceding years in the factory with the
following details in respect of each:
(i) Name.
(ii) Identity card number.
(iii) Address.
(iv) Date of birth.
(v) Sex.
(vi) Normal occupation.
(vii) Period of training.
(viii) Any special qualification.
(ix) Physical defects, if any.
(x) Date first employed.
(xi) Date of leaving employment.
(ii) List of names of persons currently employed holding first aid certificates.
(iii) List of names of industrial health officers and/or medical officers and/ or industrial nurses currently
employed, stating whether employed full-time or part-time.
3. Records of inspection made by Inspectors with provision for date of inspection, name of Inspector,
Inspector remarks and Inspector's signature. These records may be kept in a separate book but attached
to the General Register.
THIRD SCHEDULE
NOTICE of structural change or changes in the name of a factory or change in the nature of work carried
on in a factory as required under section 42 of the Act.
I / We the undersigned hereby give notice that the following changes in respect of above have occurred in
my/our factory.
A. Particulars of factory:
1. Name of factory
(Former name if there
has been a change in
name)
2. Present name of
factory
B. Particulars of any structural
changes:
1. Name of architect,
consultants, if any
2. Description of
structural changes or
alterations (Submit
detailed plans or
drawings)
3. New working floor
area if affected by
change.
a. Site has been obtained on Date
b. Building has been obtained on
4. Approval from local
authority in respect of c. Fire precautionary has been obtained on
measures
d. Others has been obtained on
Form A
APPLICATION for-
(a) permission to install machinery under section 36 (1) of the Act; and
(b) issue of certificate of fitness in respect of steam boiler, unfired pressure vessel, or hoisting
machine not being a hoisting machine driven by manual power.
I / We the undersigned, hereby apply for permission to install machinery, the particulars of which are as
follows:
A. Particulars of factory:
1. Name of factory or intended factory
or premises in which machinery is to be
installed
2. Postal address
I / We submit herewith dimensioned sketch / plan / drawings showing details of proposed layout of
machinery.
I / We submit a list of machinery in the attached form(s) and declare that the said machinery complies
with the requirements of the Act and the relevant regulations made thereunder.
To:
Item Description Manufacture Serial Year of Horse R.P.M Type of FOR BOILERS AND FOR Remarks
of No. manufacture power drive, UNFIRED PRESSURE HOISTING
machinery e.g, VESSELS MACHINES
electric/
* Working Reg. Safe
diesel/
Heating pressure No.or working
others
surface file ref. load
or and date
capacity of
approval
of
design
* Heating surface for boilers to be given in square feet: capacity for unfired pressure vessels to be given
in cubic feet.
___________________________________________
Form B
NOTICE of first use of machinery other than machinery for which a certificate of fitness is prescribed, as
required under section 36 (3) of the Act.
I / We declare the above machinery comply with the provisions of the Act and the relevant regulations
made thereunder.
NOTE-
This notice is not required in respect of machinery already specified in the written notice of intention to
operate or of operation of a factory served on an Inspector pursuant to section 34 of the Act (on Form A,
B and C of the First Schedule to the above regulations).
............................................................
............................................................
FIFTH SCHEDULE
FORM A
ACCIDENT REPORT
IN accordance with the provisions of section 31 of the Factories and Machinery Act, 1967, I / we hereby
report an accident which occurred at my ......................................... situated at ........................... on the
.................... day of ............................ 19 .......................... at or about ...................... a.m/p.m. details
which are given below:
N.R.I.C No.
Date of birth
Sex
3. Nature of injuries
He/She was taken to ...................................... for treatment, and was/was not admitted to Hospital at
................................................... and discharged on .............................................................
No alterations or additions, other than those necessitated by rescue work, have been made to the site of
the accident or to the machinery concerned.
To:
_______________________________________________
Form B
IN accordance with the provisions of section 32 (2) of the Factories and Machinery Act, 1967, I/we hereby
notify the occurrence of one of the diseases named in the Third Schedule to the Act, details of which are
given below:
Title .........................
To:
Chief Inspector of Factories and Machinery,
Malaysia, Kuala Lumpur
SIXTH SCHEDULE
Form A
THIS CERTIFICATE will hold good until above date unless previously suspended, cancelled or otherwise
determined under the provisions of the Act and provided the provisions of the Act and the regulations
made thereunder are not contravened in respect of the above Steam Boiler.
* This certificate is issued to you on the understanding that the instructions in my letter to you reference
.................................. and dated ............................... have been carried out, as stated in your reply
reference ......................... dated ...............................
This CERTIFICATE will hold good until above date unless previously suspended, cancelled or otherwise
determined under the provisions of the Act and provided the provisions of the Act and the regulations
made thereunder are not contravened in respect of the above Unfired Pressure Vessel.
......................................
Inspector of Factories and
Machinery
* This certificate is issued to you on the understanding that the instructions in my letter to you reference
.................................... and dated ......................................... have been carried out, as stated in your reply
reference ...................... dated .................................
This CERTIFICATE will hold good until above date unless previously suspended, cancelled or otherwise
determined under the provisions of the Act and provided the provisions of the Act and the regulations
made thereunder are not contravened in respect of the above Hoisting Machine.
......................................
Inspector of Factories and
Machinery
* This certificate is issued to you on the understanding that the instructions in my letter to you reference
............................. and dated .............................. have been carried out, as stated in your reply reference
............................. dated ............................
Form A
IN accordance with regulation 16 of the above regulations you are hereby informed that your factory or
machinery on your premises at ...................... will be inspected by me on the ............................ day of
........................... 19 ................................. I expect to arrive at your ...................................... at about
............................... o'clock.
Reg. No Description
..................................................................................................................................
..................................................................................................................................
..................................................................................................................................
..................................................................................................................................
To enable a thorough inspection to be made you are required to prepare your factory or machinery in
accordance with the provisions of regulation 17 of the above regulations.
.....................................
Inspector of Factories and
Machinery
To:
..............................................................
.............................................................
.............................................................
EIGHT SCHEDULE
JKJ 26
Serial No
Form A
[REGULATION 27]
NOTICE OF PROHIBITION
*NOTICE OF IMMEDIATE PROHIBITION
Under the provisions of *section 39 (3) of the Factories and Machinery Act, 1967, I hereby require
section 40 (4)
you to:
* remove or make good such defects before ..................................................... and if such defects
are not removed or made good by that date you are to cease operating your
...........................................
* suspended from the date above-mentioned under the provisions of the Act if the defects are not
removed or made good by that date.
To:
..
..
.....................................................
( )
Inspector of Factories and Machinery
Date
Time:
Office stamp
I hereby confirm receipt of this notification. I am satisfied that this notification has been
complied with and I hereby revoke the notification.
.. ..
( ) ( )
Inspector of Factories and Machinery
___________________________________________
JKJ 26
Serial No
Form B
[REGULATION 28]
NOTICE OF PROHIBITION
Whereas it has been brought to my notice that you are the owner of ....................................... situated at
.................................................. for which a certificate of fitness is required under regulation 10 (1) of the
above regulations and that you are operating the machinery abovementioned without such certificate and
thus you are contravening .section 19(1) of the Factories and Machinery Act 1967.
In exercise of the powers vested in me under section 19 (2) of the Factories and Machinery Act, 1967, I
prohibit the operation ofthe machinery until such time as a valid certificate of fitness is issued in respect
thereof.
To:
..
..
.....................................................
( )
Inspector of Factories and Machinery
Date
Time:
Office stamp
I hereby confirm receipt of this notification. I am satisfied that this notification has been
complied with and I hereby revoke the notification.
.. ..
( ) ( )
Inspector of Factories and Machinery