Section 92: Power of Court to make order

92. Power of Court to make order (1) Where the Court is satisfied, on complaint by the Permanent Secretary or an officer delegated by him or an employee, that any premises which are or are intended to be used as a place of work are in such condition or are [Issue 1] O2 – 62 Revised Laws of Mauritius so constructed or situated that any process or work carried on therein, or intended to be carried on therein, cannot be so carried on with due regard to the safety, health and welfare of the employees, the Court may by order prohibit the use thereof for the purpose of that process or work, and in the case of premises which are intended for use as a place of work, the Court may make such an order if satisfied on complaint by the Permanent Secretary that the process or work cannot be carried on therein without contravention of this Act, and any such order may be revoked or varied on the application of the employer or owner of the premises. (2) Where the Court is satisfied, on complaint by the Permanent Secretary or an officer delegated by him or an employee, or otherwise that the carrying on of any process or work may involve any risk of bodily injury, the Court may by order prohibit such process or work either indefinitely or until such steps have been taken as may be specified in that order, to enable the process or work to be carried on with due regard to the safety, health and welfare of the employees, and any such order may be revoked or varied on the application of the employer or owner of the premises. (3) On an application for the revocation or variation of an order under subsection (1) or (2), the Permanent Secretary or an officer delegated by him shall be entitled to be heard if the order was made on a complaint by him.