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Other Provisions

5.    Other Provisions

Any factory that is seriously endangering the public or property in the factory or its vicinity may be ordered to cease operations or to make specified improvements. The Minister has the authority to order removal of all or part of the plant to a location where the public will not be threatened. Officers of the Ministry of Industry have broad powers of inspection, and are authorized to issue written orders requiring a factory to cease operations, modify or repair machinery, or undertake other remedial measures.

Issuance of either a factory establishment license or a factory operator’s license does not exempt the licensee from compliance with other central or local government requirements for carrying out a proposed industrial activity. For example, the factories established to produce and sell food and drugs must also apply for production license from the Ministry of Health.

Licenses may be suspended for violations of the Act or for failure to carry out orders issued under the Act by competent officials.

Violation of certain provisions of the Act may incur penalties in the nature of a fine or imprisonment not exceeding 4 years. A Case Settlement Committee of three legal experts is appointed by the Ministry to carry out penalties for violations of the Act. If the offender is a partnership, company or other juristic entity, the directors, managers or other persons responsible for committing the offense are subject to the same punishment unless it can be proved that the offense was committed without their knowledge or consent.

Reviewed: November 2015

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