Factories.


Power of court
to modify
agreements.











Power of court
to apportion
expenses














Repeal and
Saving.
No. 20 of 1943.
No. 29 of 1943.


 39. If by reason of an agreement between the owner and the
occupier of premises the whole or any part of which has been let
as a factory the said owner or occupier is prevented from carrying
out any structural or other alterations in the premises which are
necessary to enable him to comply with the provisions of this
Ordinance or of any regulation or order made under this
Ordinance or in order to conform with any standard or
requirement imposed by or under this Ordinance, he may apply in
accordance with Rules of Court to the Supreme Court, and the
court, after hearing the parties and any witnesses whom they
desire to call, may make such an order setting aside or modifying
the terms of the agreement as the court considers just and
equitable in the circumstances of the case.

 40. Where in any premise,,; the whole or any part of which
has been let as a, factory any structural or other alterations are
required in order to comply with the provisions of this Ordinance
or of any regulation or order made under this Ordinance or :n
order to conform with any standard or requirement imposed by or
under this Ordinance and the owner or occupier as the case may
be alleges that the whole or part of the expenses of the alterations
ought to be borne by the occupier or owner, the owner or occupier
may apply in accordance with Rules of Court to the Supreme
Court, and the court, after hearing the parties and any witnesses
whom they may desire to call, may make such an order concerning
the expenses or their apportionment as the court considers just
and equitable in the circumstances of the case, regard being had
to the terms of any contract between the parties, or in the
alternative the court may at the request of the owner or occupier
determine the lease.

 41. The Factories Ordinance, 1943, and any amendments
thereto are hereby repealed.
 Provided that all regulations made under the Ordinances
 hereby repealed and in force at the time of coming into
 operation of this Ordinance shall be deemed to have been made
 and given under this Ordinance, and shall continue in force
 until other provision shail be made by virtue of this Ordinance.


FIRST SCHEDULE


(Section 2).


 Interpretation of expression factory "

(1) Subject to the provisions of this Ordinance, the expression factory" means
 any premises in which, or within the close curtilage or precincts of which,
 persons are employed in manual labour in any process for or incidental to
 any of the following purposes, namely :-


1955.


No. 5.