Professional Documents
Culture Documents
Factories Act 1965 (Act XXV of 1934) adopted with the objective of
regulating the appointment of workers, their wages and the working
conditions in factories, including health and hygiene, safety, welfare,
working hours, leave and holidays, and punishments and penalties for
both the owners and workers for non-compliance of the requirements.
East Pakistan Factories Act 1965 was published in the Dhaka Gazette
Extraordinary in September 1965. The government of Bangladesh
adopted the Act and declared it enforceable throughout the country. It
has 11 chapters and 116 main sections.
The Act defines and clarifies various terms included in it. Important
among such terms are: adolescent, adult, child, day, explosive
substance, factory, machinery, manufacturing process, occupier, prime
mover, shift in factory, transmission machinery, working hour, and
wages. It describes the power of the government relating to
declaration of departments as separate factories, notification by the
chief inspector before commencement of work, and declaration of any
factory as seasonal (depending upon the number of working days in a
year or in a particular season). It incorporates the provisions for
obtaining approval of factory plans, including the construction or
extension, class or description of factories from the chief inspector. It
also specifies the fees for licensing and registration.
1
The Act requires that factory must ensure adequate fire safety
measures, appropriate means of escaping in case of fire, and
protection against dangerous and accident-prone parts of machinery,
electric and mechanical devices, self-acting machines, etc. Workers are
to be given proper training before they are employed on dangerous
machines. Controlling appliances of cranes and other lifting machines,
hoists and lifts must be of good construction, sound material and
adequate strength. Other sources of dangers, such as pits, sumps,
openings in floors, etc, should be securely covered or fenced and
effective screens or suitable goggles should be provided to workers to
protect their eyes. Every factory is to have adequate and suitable
facilities for washing and bathing and provide first-aid medicines and
appliances. Canteens and rooms for children should also be
maintained. In every factory wherein five hundred or more workers are
employed, the occupier should employ a number of welfare officers as
may be prescribed.
Under the Act no adult worker shall be allowed to work in a factory for
more than forty-eight hours in a week or on weekly holidays unless
stated otherwise. Workers may, however, be put to work on off days,
but only with the provision for an equal number of compensatory
holidays. Other rules regarding working hours of adults relate to daily
working hours, interval for rest or meals, spreadover, night shifts and
prohibition of overlapping shifts, extra allowances for overtime,
restriction on double employment, notice of periods of work, and
registration of adult workers. The Act prohibits employment of any
child under the age of 14 in any factory. An adolescent may be
employed only after granting a certificate of fitness issued by a
certifying surgeon. Working hours for such young persons, if employed,
shall not be more than five hours a day. They shall not be allowed to
work between 7 pm and 7 am. In every factory, a notice of the periods
of work for children shall be displayed and a register maintained. The
inspector of factories is empowered to order the medical examination
of a child worker if required.
2
The Factories Act has provisions for making appeal by parties
concerned in factories, such as owner/occupiers, managers, inspectors
and workers. The government can formulate rules for factories for the
submission of returns to regulatory authorities. Workers are prohibited
to interfere in any affairs of the factory, which may cause loss or
damage to the factory itself or to other workers. The Act also made a
provision for repeal and it declared that notwithstanding the repeal,
any order or notification issued, any action taken, any proceeding
commenced or anything done under any provision of the Act shall
continue in force.
Provided that the provisions of this Act shall not apply to any shop or
commercial or industrial establishment, owned and directly managed
3
by the Government and the persons employed therein are governed by
the Government Servants Conduct Rules.
2. Definition -
4
o iii) in relation to any other shop, commercial establishment
or industrial establishment, every Director, Manager,
Secretary, Agent or other officer or person concerned with
management thereof and responsible to the owner for the
supervision and control of such shop, commercial
establishment or industrial establishment;
• (i) 'go-slow' means an organised deliberate and purposeful
slowing down of normal output of work by a body of workers in a
concerted manner, and which is not due to any mechanical
defect, breakdown of machinery, failure or defect in power
supply or in the supply of normal materials and spare parts of
machinery.
• (j) 'industrial establishment' means any workshop or other
establishment in which articles are produced, adapted or
manufactured or where the work of making, altering, repairing,
ornamenting, finishing or packing or otherwise treating any
article or substance, with a view to their use, transport, sale,
delivery or disposal, is carried on or such other class of
establishments including water transport vessels or any class
thereof which the Government may, by notification in the official
Gazette, declare to be an industrial establishment for the
purpose of this Act, and includes -
o i) any motor omnibus service, any dock, wharf or jetty.
o ii) any mine, quarry, gas-field or oil-field,
o iii) any plantation, or
o iv) a factory as defined in the Factories Act, 1965;
• (k) 'Labour Court' means a Court constituted under the Industrial
Relations Ordinance, 1969.
• (l) 'lay-off= means the failure, refusal or inability of an employer
on account of shortage of coal, power or raw material or the
accumulation of stock or the break-down of machinery or for any
other reason, to give employment to a worker whose name is
borne on the muster rolls of his shop, commercial establishment
or industrial establishment;
• (m) 'permanent worker' means a worker who has been engaged
on a permanent basis or who has satisfactorily completed the
period of his probation in the shop or the commercial or
industrial establishment;
• (n) 'plantation' means any estate which is maintained for the
purpose of growing cinchona, rubber, coffee or tea and includes
agricultural farms under sugar mill for growing sugar cane,
employing twenty-five or more persons for that purpose;
• (o) 'public servant' shall have the same meaning as in section 21
of the Penal Code, 1860;
5
• (p) 'probationer' means a worker who is provisionally employed
to fill a permanent vacancy in a post and has not completed the
period of his probation;
• (q) 'retrenchment' means the termination by the employer of
services of workers, not as a measure of punishment inflicted by
way of disciplinary action, but on the ground of redundancy;
• (r) 'shop' means a shop as defined in the Shops and
Establishments Act, 1965;
• (s) 'temporary worker' means a worker who has been engaged
for work which is essentially of temporary nature and is likely to
be finished within a limited period;
• (t) 'trade union' means a trade union registered under the
Industrial Relations Ordinance, 1969;
• (u) 'wage' means wages as defined in the payment of wages Act,
1936;
• (v) 'worker' means any person including any apprentice
employed in any shop, commercial establishment or industrial
establishment to do any skilled, unskilled, manual, technical,
trade promotional or clerical work for hire or reward, whether the
terms of employment be expressed or implied, but does not
include any such person -
o i) who is employed mainly in a managerial or
administrative capacity; or
o ii) who, being employed in a supervisory capacity,
exercises, either by nature of the duties attached to office
or by reason of power vested in him, functions mainly of
managerial or administrative nature.
3. Conditions of employment -
6
(3) Any person aggrieved by the order of the Inspector may within
thirty days of the issue of such order, appeal to the Chief Inspector
who may either confirm, modify or set aside the order of the Inspector.
(4) A second appeal from the order of the Chief Inspector shall lie to
the Government if made within thirty days of the issue of the order of
the Chief Inspector and the decision of the Government shall be final.
• (a) apprentices.
• (b) badlis.
• (c) casual.
• (d) permanent.
• (e) probationer, and
• (f) temporary.
(3) If any worker, whose service has been terminated during his
probationary period, including the extended period of three months in
case of a skilled worker as mentioned in sub-section (2), is again
appointed by the same employer within a period of three years, he
shall, unless appointed on a permanent basis, be deemed to be a
probationer and the period or periods of his earlier probation shall be
counted for determining his total period of probation.
7
(1) Workers employed in shops or commercial or industrial
establishments shall be entitled to leave and holidays with wages as
provided in the East Bengal Shops and Establishments Act, 1951, the
Factories Act, 1965, or in any other law for the time being in force, as
the case may be, and other holidays which the Government may
specially declare to be holidays for workers by notification in the
official Gazette.
(2) A worker who desires to obtain leave of absence shall apply to the
employer for the same, in writing, stating his leave address therein,
and the employer or his authorized officer shall issue orders on the
application within a weak of its submission to two days prior to the
commencement of leave applied for, whichever is earlier:
Provided that if, due to emergent reasons, the leave applied for is to
commence on the date of application or within three days thereof, the
order shall be given on the same day. If the leave asked for is granted,
a leave pass shall be issued to the worker. If the leave is refused or
postponed, the fact of such refusal or postponement and the reasons
thereof shall be recorded in writing in a register to be maintained by
the employer for the purpose. If the worker after proceeding on leave,
desires an extension thereof, he shall, if such leave is due to him,
apply sufficiently in advance before the expiry of the leave to the
employer who shall as far as practicable, send a written reply either
granting or refusing extension of leave to the worker to his leave
address.
(3) If the worker remains absent beyond the period of leave originally
granted or subsequently extended, he shall be liable to lose his lien to
his appointment unless he returns within ten days of the expiry of his
leave and explains to the satisfaction of the employer his inability to
return earlier:
Provided that in case any worker loses his lien to his appointment
under this section, he shall not be deprived of the benefits and
privileges which already accrued to him under the law due to his past
services and in addition, he shall also be kept on the badli list, if any:
8
(4) If the services of a worker, to whom any annual leave is due under
the provisions of the Shops and Establishments Act, 1965, the
Factories Act, 1965, or of any other law for the time being in force, as
the case may be, is dispensed with whether as a result of
retrenchment, discharge, dismissal, termination, retirement or by
reason of his resignation before he has availed of any such leave, the
employer shall pay his wages in lieu of the unveiled leave, at the rate
he is entitled to the payment of wages during the period of leave in
accordance with the provisions of those laws and such payments shall
be made before the expiry of the second working day after the day on
which his employment is dispensed with.
6. Stoppage of work. -
(1) The employer may, at any time, in the event of fire, catastrophe,
breakdown of machinery, or stoppage of power supply, epidemics, civil
commotion or other cause beyond his control, stop any section or
sections of the shop or the commercial or industrial establishment,
wholly or partly, for any period.
(3) In the event of such stoppage occurring at any time during working
hours, the workers affected shall be notified as soon as practicable, by
notices posted, in the case of a factory on the notice board in the
section or department concerned, and in other cases, at a conspicuous
place, indicating as to when the work will be resumed and whether
such workers are to leave or remain at their place of work.
• (a) the workers so detained may not be paid for the period of
such detention if it does not exceed one hour;
• (b) the workers so detained shall be paid wages for the whole
period of such detention if it exceeds one hour.
(5) If the period of stoppage of work does not exceed one working day,
a worker, unless entitled to wages under clause ((b) of sub-section (4)
for detention beyond one hour, may not be paid any wages; but if the
period of stoppage of work continues for more than a working day, a
9
worker affected (other than a casual or badli worker), shall be paid
wages for the day or days by which it will exceed one working day, and
if the stoppage of work extends beyond three working days, the
workers may be laid-off in accordance with the provisions of section 9
and such lay-off shall be effective from the day of stoppage of work
and any wage paid to a worker for the first three days may be adjusted
against the compensation payable for such subsequent lay-off:
Provided that for the piece-rate workers affected, their average daily
earnings in the previous month shall be taken to be the daily wage for
the purposes of the foregoing sub-sections.
Provided that the fact of such closure shall be notified by the employer,
as soon as practicable, by notice posted, in the case of a factory, on
the notice board in the section or department concerned and in the
time-keeper's offices, if any, and in any other case in a conspicuous
place and the fact of resumption of work, following such closure shall
likewise be notified.
For the purpose of this Act, a worker who, during the preceding twelve
calendar months, has actually worked in a shop or commercial or
industrial establishment for not less than two hundred and forty days
and one hundred and forty days, as the case may be, shall be deemed
to have completed 'one year' or 'six months' respectively, of
continuous service in the shop or the commercial or industrial
establishment.
10
• (c) in the case of a female, she has been on maternity leave not
exceeding twelve weeks shall be counted.
11
Provided further that no worker shall, unless there is an agreement to
the contrary between him and the employer, be entitled to the
payment of compensation in the aforesaid manner for more than forty-
five days during any calendar year.
(3) In any case where, during a calendar year, a worker is to be laid off
after the first forty-five days as aforesaid, for any continuous period of
fifteen days or more, the employer may, instead of laying off such a
worker, retrench him under section 12.
12
• (b) if he does not present himself for work at the shop or the
commercial or industrial establishment at the appointed time
during normal working hours at least once a day if so required by
the employer; or
• (c) if such lay-off is due to a strike in another part of the shop or
the commercial or industrial establishment.
Explanation. For the purpose of clause (b) , every laid-off worker who
presents himself for work at the shop or the commercial or industrial
establishment, as the case may be, at the time appointed for the
purpose during normal working hours on any day and is not given
employment by the employer within two hours of his so presenting
himself shall be deemed to have been laid off for that day within the
meaning of this section; and if the worker instead of being given
employment at the commencement of any shift for any day, is asked
to present himself for the purpose during the second half of the shift
for the day, and if he so presents himself, he shall be deemed to have
been laid off only for one-half of that day, the other half being treated
as on duty, irrespective of the fact whether he is given work or not.
• (a) the worker has been given one month's notice in writing,
indicating the reasons for retrenchment or the worker has been
paid in lieu of such notice, wages for the period of notice;
• (b) a copy of the notice in respect of the retrenchment is sent to
the Chief Inspector or any other officer authorized by him; and
• (c) the worker has been paid, at the time of retrenchment,
compensation which shall be equivalent to thirty days wages for
every completed year of service or for any part thereof in excess
of six months, or gratuity, if any, whichever is higher:
13
dearness allowance, if any, paid to the worker during the period of
twelve months immediately preceding the date of retrenchment.
15. Fine.-
Provided that a worker having completed not less than one year of
continuous service, so discharged, shall be paid by the employer
compensation at the rate of thirty days wages for every completed
year of service or for any part thereof in excess of six months, or
gratuity, if any, whichever is higher.
14
17. Dismissal from service. -
(2) Any-worker found guilty of misconduct but not dismissed under the
provisions of sub-section (1) in consideration of any extenuating
circumstances, may be discharged, or suspended, as a measure of
punishment, without wages as well as subsistence allowance, for a
period not exceeding seven days and such period may be within or in
addition to the period of suspension of the worker for enquiry under
sub-section (2) of section 18, if any, or he may be otherwise punished
less severely.
15
• (g) riotous or disorderly behavior in the shop or commercial or
industrial establishment, or any act subversive of discipline;
• (h) habitual negligence or neglect of work;
• (i) frequent repetition of any act or omission for which a fine may
be imposed;
• (j) resorting to illegal strike or 'go-slow' or inciting others to
resort to illegal strike or 'go-slow';
• (k) Falsifying, tampering with, damaging or causing loss of
employer's official records.
(4)
16
(5) if a worker refuses to accept any notice, letter, charge sheet, order
or any other document addressed to him by the employer, it shall be
deemed that such notice, letter, charge sheet, order or the document
has been delivered to him if a copy of the same has been exhibited on
the notice board and another copy has been sent to the address of the
worker as available from the records of the employer, by registered
post.
(6) In awarding punishment under this Act the employer shall take into
account the gravity of the misconduct, the previous record, if any, of
the worker and any other extenuating or aggravating circumstances
that may exist.
Provided that wages for 120 days or sixty days, as the case may be,
may be paid in lieu of such notice:
17
Provided that a worker who terminates his employment under this sub-
section shall not be entitled to the payment of any compensation
mentioned in sub-section (1), but he shall be entitled to other benefits,
if any, under this Act or under any other law for the time being in force.
Provided that wages for one month or fourteen days as the case may
be, may be paid in lieu of such notice.
Nothing in this Act shall affect any law, custom, usage or any award,
agreement or settlement, in force immediately before the
commencement of this Act, if such law, custom, usage, award,
agreement or settlement ensures conditions of employment more
favorable to the workers than those provided in this Act.
18
(1) A worker occupying a residential accommodation provided by his
employer, who has been retrenched, discharged, dismissed or whose
services have been terminated, shall vacate such residential
accommodation within a period of fifteen days from the date of his
retrenchment, discharge, dismissal or termination of service, as the
case may be, unless a case in respect of such retrenchment,
discharge, dismissal or termination of service is pending before any
court.
(4) The Magistrate may also pass an order directing a police officer to
evict such a worker, if necessary, by force, in case he fails to quit the
residential accommodation within the time allowed under sub-section
(3).
(5) The police officer, while acting under an order of the Magistrate
under sub-section (4), shall notify the occupants of the premises in
question of the contents of the Magistrate's order and his intention to
enter into such premises and shall allow at least two hours' time to the
occupants to vacate the premises and shall give all reasonable
facilities to the children before applying any force for taking over the
possession of such premises.
19
complaint to the Labour Court having jurisdiction, within, thirty
days from the last date under clause (a) or within thirty days
from the date of the decision, as the case may be unless the
grievance has already been raised or has otherwise been taken
cognizance of as labour dispute under the provisions of the
Industrial Relations Ordinance, 1969:
Provided that no complaint shall lie against an order of
termination of employment of a worker under section 19, unless
the services of the worker concerned is alleged to have been
terminated for his trade union activities or unless the worker
concerned has been deprived of the benefits specified in that
section: and
• (c) on receipt of any complaint under clause (b), the court after
notice and given the parties hearing, may decide the matter;
• (d) in deciding the matter, the court may pass such orders
including orders regarding cost, as it may deem just and proper
and it may, in appropriate cases, require, by such order, the
reinstatement of the complainant thereof and such order shall be
final:
Provided that any complaint under this section shall not amount
to prosecution under section 27 of this Act;
• (e) no court fee shall be payable for filing or exhibiting of any
complaint or document of any kind in the court.
20
Tk. 50/- for every day after the first during which such offence
continues.
(4) No court inferior to that of a Magistrate of the first class shall try
any offence punishable under this section as well as under section 26.
An abstract of the provisions of this Act and rules made there under as
well as the rules of service regulating employment as mentioned in the
proviso to section 3, if any, shall be prominently posted and kept in a
legible condition by the employer in Bengali, and (English) on special
boards to be maintained for the purpose, in conspicuous places of the
shop or commercial or industrial establishment:
Provided that this section shall, not apply to any shop or commercial or
industrial establishment where the total number of workers employed
is less than seven.
Provided that the Chief Inspector may authorise any other officer or
officers under him to exercise all or any of his powers for such person
as may be specified by him.
21
(2) The Government may, by notification in the official Gazette, appoint
such persons or class of persons as it thinks fit to be inspectors for the
purposes of this Act, within the local limit as may be assigned to each.
(3) An Inspector may, at all reasonable hours, enter any premises and
make such examination of any record, register or other document
relevant to the enforcement of the provisions of this Act and take, on
the spot or otherwise, such evidence of any person and may require
the owner or the occupant of such premises to render all reasonable
assistance which may be necessary for carrying out the purposes of
this Act.
(3) Rules made under this section may provide that a contravention
thereof shall be punishable with fine not exceeding Tk. 100/-.
22
Preamble: Whereas it is expendient to amend and consolidate the law
relating to the formation of trade unions, the regulation of relation
between employers and workmen and the avoidance and settlement of
any differences or disputes arising between them or matters
connected therewith and ancillary thereto;
(3) It shall not apply to any person employed in the Police or any of the
Defence services of Bangladesh and any services or installations
connected with or incidental to the Armed Forces of Bangladesh,
including an Ordinance Factory maintained by the Government, or to
any person employed in the administration of the Republic other than
those employed as workmen by the Railways, Posts, Telegraph and
Telephone Departments; or to any person employed in the Security
Printing Corporation (Bangladesh) Ltd.
23
as the case may be, industry, in the matter of collective
bargaining.
• (vi) "Conciliation Proceedings" means any proceedings before a
Conciliator;
• (vii) "Conciliator'' means a person appointed as such under
section 27;
• (vii) (a) "Director of Labour" means a person appointed as such
by the Government;
• (viii) "Employer", in relation to an establishment, means any
person or body of persons, whether incorporated or not, who or
which employs workmen in the establishment under a contract of
employment and includes-
•
o (a) an heir, successor or assign, as the case may be, or
such person or body as aforesaid;
o (b) any person responsible for the management,
supervision and control of the establishment;
o (c) in relation to an establishment run by or under the
authority of any Ministry or Division of the Government, the
authority appointed in this behalf or, where no authority is
appointed, the Head of the Ministry or Division;
o (d) in relation to an establishment run by or on behalf of a
local authority, the officer appointed in this behalf or where
no officer is so appointed, the chief executive officer of
that authority;
Special provision. For the purposes of distinction from the
category of "workers or workmen", "officers and
employees" of a Ministry or Division of the Government or
a local authority, who belong to the superior, managerial,
secretarial, directional, supervisory or agency staff and
who have been notified for this purpose in the official
Gazette shall be deemed to fall within the category of
employers.
o (e) in relation to any other establishment, the proprietor of
such establishment and every director, manager,
secretary, agent or other officer or person concerned with
the management of the affairs thereof; (and in the case of
a banking company, also the person who holds a general
power of attorney or has authority to sign, endorse or
discharge negotiable instruments on behalf of the banking
company.)
• (ix) "Establishment" means any office, firm, industrial unit,
transport vehicle, undertaking, shop or premises in which
workmen are employed for the purpose of carrying on any
industry:
Provided that each class of transport vehicles, such as,
24
"truck/tank lorry", "bus/minibus", "taxi" and "baby taxi/tempo",
operating in a region of a transport committee shall be deemed
to be an establishment for the purpose of registration of trade
union of workmen employed in such transport vehicles;
• (x) "Executive" means the body, by whatever name called to
which the management of the affairs of a trade union is
entrusted by its constitution;
• (xi) "Illegal lock-out" means a lock-out declared commenced or
continued otherwise than in accordance with the provisions of
this Ordinance;
• (xii) "Illegal Strike" means a strike declared, commenced or
continued otherwise than in accordance with the provisions of
this Ordinance;
• (xiii) "Industrial Dispute" means any dispute or difference
between employers and employers or between employers and
workmen or between workmen and workmen, which is connected
with the employment or non-employment or the terms of
employment or the conditions of work of any person;
• (xiv) "Industry" means any business, trade, manufacture, calling,
service, employment or occupation;
• (xv) "Labour Court" means a Labour Court established under
section 35;
• (xvi) "Lock-Out" means the closing of a place of employment or
part of such place or the Suspension, wholly or partly, of work by
an employer, or refusal absolute or conditional, by an employer
to continue to employ any number of workmen employed by him
where such closing, suspension or refusal occurs in connection
with an industrial dispute or is intended for the purpose of
compelling workmen employed to accept certain terms and
conditions of or affecting employment;
• (xvii) "Organisation" means any organisation of workers or of
employers for furthering and defending the interest of workers or
of employers;
• (xviii) "Officer" in relation to a trade union means any member of
the executive thereof but does not include an auditor or legal
adviser;
• (xix) "Prescribed" means prescribed by rules;
• (xx) "Public Utility Service" means any of the services specified in
the Schedule;
• (xxi) "Registered Trade Union" means a trade union registered
under this Ordinance;
• (xxii) "Registrar" means a Registrar of Trade Unions appointed
under section 12;
• (xxiii) "Rule" means rule made under section 66;
• (xxiv) "Settlement" means a settlement arrived at in the course
of conciliation proceeding, and includes an agreement between
25
an employer and his workmen arrived at otherwise than in the
course of any conciliation proceeding, where such agreement is
in writing, has been signed by the parties thereto in such manner
as may be prescribed and a copy thereof has been sent to the
Government, the Conciliator and such other person as may be
prescribed;
• (xxiv-a)"State-owned manufacturing industry" means a
manufacturing industry owned, or nationalised or taken over by
or under any law, by the Government;
• (xxv) "Strike" means cessation of work by a body of persons
employed in any establishment acting in combination or a
concerned refusal, or refusal, under a common understanding to
any number of persons who are or have been so employed to
continue to work or to accept employment;
• (xxvi) "Trade Union" means any combination of workmen or
employers formed primarily for the purpose of regulating the
relations between workmen and employers or workmen and
workmen or employers and employers, or for imposing restrictive
conditions on the conduct of any trade or business and includes
a federation of two or more trade unions;
• (xxvi-a) "transport vehicles" shall have the same meaning as in
clause (57) of section 2 of the Motor Vehicles Ordinance, 1983
(LV of 1983);
• (xxvi-aa) "Transport Committee" means a Transport Committee
constituted under section 54 of the Motor Vehicles Ordinance,
1983 (LV of 1983);
• (xxvii) "Tribunal" means the Labour Appellate Tribunal
constituted under section 38 of the Ordinance;
• (xxviii) "Worker" and "Workmen" means any person including an
apprentice not falling within the definition of employer who is
employed in an establishment or industry for hire or reward
either directly or through a contractor to do any skilled,
unskilled, manual, technical or clerical work whether the terms of
employment be expressed or implied and for the purpose of any
proceeding under this Ordinance in relation to an industrial
dispute includes a person who has been dismissed, discharged,
retrenched, laid-off or otherwise removed from employment in
connection with or as a consequence of that dispute or whose
dismissal, discharge, retrenchment, lay-off or removal has led to
that dispute, but dose not include a person-
•
o (a) employed as a member of the watch and ward or
security staff or confidential assistant, cypher assistant of
any establishment;
o (b) employed in a managerial or administrative capacity;
26
o (c) who being employed in a supervisory capacity
performs, by virtue of the duties attached to his office or
by reason of the powers given to him, functions of
managerial or administrative nature.
(c) trade unions and employers' associations shall have the right to
draw up their constitutions and rules, to elect their representatives in
full freedom, to organise their administration and activities and to
formulate their programmes;
27
• (a) A statement showing-
•
o (i) the name of the trade union and the address of its head
office;
o (ii) date of formation of the union;
o (iii) the titles, names, ages, addresses and occupations of
the officers of the trade union;
o (iv) statement of total paid membership;
o (v) in case of federation of trade unions, the names,
addresses and registration number of member unions;
o (vi) in case of a trade union of transport vehicles workmen,
total number of transport vehicles, the names and
addresses of their owners, the route permit number of the
vehicles, and the number of workers in such vehicles;
• (b) Three copies of the constitution of the trade union together
with a copy of the resolution by the members of the trade union
adopting such constitution bearing the signature of the chairman
of the meeting;
• (c) A copy of the resolution by the members of the trade union
authorising its chairman and the secretary to apply for its
registration; and
• (d) In case of a federation of trade unions, a copy of the
resolution from each of the constituent unions agreeing to
become a member of the federation.
28
• (g) the manner in which the constitution shall be amended varied
or rescinded;
• (h) the safe custody of the funds of trade union, its annual audit,
the manner of audit and adequate facilities for inspection of the
account books by the officers and members of trade union;
• (i) the manner in which the trade union may be dissolved;
• (j) the manner of election of officers by the general body of the
trade union and the term, not exceeding two years, for which an
officer may hold office upon his election or reelection;
• (k) the procedure for expressing want of confidence in any officer
of me trade union; and
• (l) the meetings of the executive and of the general body of the
trade union, so that the executive shall meet at least once in
every three months and the general body at least once every
year.
29
(2) Nothing in clause (b) shall apply to any federation of trade unions.
(3) In case the application has been rejected or the Registrar has, after
settlement of the objections, delayed disposal of the application
beyond the period of sixty days provided in sub-section (1), the trade
union may appeal to the Labour Court who, for reasons to be stated in
their judgement, may pass an order directing the Registrar to register
the trade union and to issue a certificate of registration or may dismiss
the appeal.
30
• (c) contravened any of the provisions of its constitution.
• (d) committed any unfair labour practice;
• (e) made in its constitution any provision which is inconsistent
with this Ordinance or the rules;
• (f) a membership which has fallen short of 30% of the workers of
the establishment or group of establishments for which it was
formed;
• (g) failed to submit its annual report to the Registrar as required
under this Ordinance;
• (h) elected as its officer a person who is disqualified under
section 7- A from being elected as, or from being, such officer; or
• (i) contravened any of the provisions of this Ordinance or the
rules.
(3) The Registrar shall cancel the registration of a trade union within
seven days from the date of receipt of permission from the Labour
Court. -
(2) No person shall collect any subscription for any fund of trade union
mentioned in sub-section (1).
12. Registrar of trade unions.- For the purpose of this Ordinance, the
Government may, by notification in the official Gazette, appoint as
many persons as it considers necessary to be Registrars of trade
31
unions and where it appoints more than one Registrar, shall specify in
the notification the area within which each one of them shall exercise
and perform the powers and function under this Ordinance.
13. Powers and functions of the Registrar.- The following shall be the
powers and functions of the Registrar:-
• (a) the registration of trade unions under this Ordinance and the
maintenance of a register for this purpose;
• (b) to lodge complaints with the Labour Courts for action against
trade unions for any alleged offence or any unfair labour practice
or violation of any provisions of this Ordinance;
• (c) the determination of the question as to which one of the trade
unions in an establishment or an industry is entitled to be
certified as the collective bargaining agent in relation to that
establishment or industry; and
• (d) such other powers and functions as may be prescribed.
(2) The Societies Registration Act, 1860 (XXI of 1860), the Cooperative
Societies Act, 1940 (Ben. Act XXI of 1940) and the Companies Act,
1913 (VII of 1913), shall not apply to any registered trade union and
the registration of any trade union under any of these Acts shall be
void.
32
• (d) dismiss, discharge, remove from employment or threaten to
dismiss, discharge or remove from employment a workman or
injure or threaten to injure him in respect of his employment by
reason that the workman-
•
o (i) is or proposes to become, or seeks to persuade any
other person to become, a member or officer of a trade
union, or
o (ii) participates in the promotion, formation or activities of
a trade union;
• (e) induce any person to refrain from becoming, or to cease to be
a member or officer of a trade union, by conferring or offering to
confer any advantage on, or by procuring or offering to procure
any advantage for such person or any other person;
• (f) compel any officer of the collective bargaining agent to sign a
memorandum by using intimidation, coercion, pressure, threat,
confinement to a place, physical injury, disconnection of water,
power and telephone facilities and such other methods;
• (g) interfere with or in any way influence the balloting provided
for in section 22; or
• (h) recruit any new workman during the period of strike under
section 28 or during the currency of a strike which is not illegal
except where the Conciliator has, being satisfied that complete
cessation of work is likely to cause serious damage to the
machinery or installation, permitted temporary employment of a
limited number of workmen in the section where the damage is
likely to occur.
33
• (d) compel (or attempt to compel) the employer to sign a
memorandum of settlement by using intimidation, coercion,
pressure, threat, confinement to a place, physical injury,
disconnection of telephone, water and power facilities and such
other methods; (or)
• (e) compel or attempt to compel any workman to pay or refrain
from paying, any subscription towards the fund of any trade
union by using intimidation, coercion, pressure, threat,
confinement to a place, physical injury, disconnection of
telephone, water and power facilities and such other methods.
18. Immunity from civil suit in certain cases.- (1) No suit or other legal
proceedings shall be maintainable in any Civil Court against any
registered trade union or collective bargaining agent or any officer or
member thereof in respect of any action done in contemplation or
furtherance of an industrial dispute to which the trade union is a party
on the ground only that such act induces some other person to break a
contract of employment or that it is an interference with the trade,
business or employment of some other person or with the right of
some other person to dispose of his capital or of his labour as he wills.
(2) A trade union shall not be liable in any suit or other legal
proceedings in any Civil Court in respect of any tortious act done in
contemplation or furtherance of an industrial dispute by an agent of
the trade union if it is proved that such person acted without the
knowledge of, or contrary to express instruction given by, the
executive of the trade union.
34
19. Enforceability of agreement.- Notwithstanding anything contained
in any other law for the time being in force, an agreement between the
members of a trade union shall not be void or voidable by reason only
that any of the objects of the agreement are in restraint of trade:
Provided that nothing in this section shall enable any Civil Court to
entertain any legal proceedings instituted for the express purpose of
enforcing, or recovering damages for the breach of any agreement
concerning the conditions of which any member of a trade union shall
or shall not sell their goods, transact business, or work, employ or be
employed.
(4) Subject to sub-sections (1), (2) and (3) provisions of this Ordinance
shall, so far as may be and with the necessary modifications, apply to a
federation of trade unions as they apply to a trade union.
(2) Together with the general statement, there shall be sent to the
Registrar a statement showing all changes of officers made by the
35
trade union during the year to which the general statement refers,
together with a copy of the constitution of the trade union corrected up
to the date of the despatch thereof to the Registrar.
22. Collective bargaining agent.- (1) Where there is only one registered
trade union in an establishment or a group of establishments, that
trade union shall, if it has as its members not less than one-third of the
total number of workmen employed in such establishment or group of
establishments, be deemed to be collective bargaining agent for such
establishment or group.
(2) Where there are more registered trade unions than one in an
establishment or a group of establishments, the Registrar shall upon
an application made on this behalf by any such trade union which has
as its members not less than one-third of the total number of workmen
employed in such establishment or group of establishments or by the
employer, hold a secret ballot to determine as to which one of such
trade unions shall be the collective bargaining agent for the
establishment or group.
(4) If a trade union fails to indicate, within the time specified in the
notice, its desire to be a contestant in the secret ballot, it shall be
presumed that it shall not be a contestant in such ballot.
36
respect of each worker his parentage, age, the section or
department and the place in which he is employed, his ticket
number and the date of his employment in the establishment,
and also as many copies of such list as may be demanded by the
Registrar; and
• (b) provide such facilities for verification of the list submitted by
him as the Registrar may require.
(6) On receipt of the list of workers from the employer, the Registrar
shall send a copy of the list to each of contesting trade unions and
shall also affix a copy thereof in a conspicuous part of his office and
another copy of the list in a conspicuous part of the establishment
concerned, together with a notice inviting objections, if any, to be
submitted to him within such time as may be specified by him.
(7) Every employer shall provide all such facilities in his establishment
as may be required by the Registrar for the conduct of the poll but
shall not interfere with, or in any way, influence the voting.
(8) No person shall canvass for vote within a radius of fifty yards of the
polling station.
(9) For the purpose of holding secret ballot to determine the collective
bargaining agent, the Registrar shall-
37
• (a) fix the date for the poll and intimate the same to each of the
contesting trade unions and also to every employer;
• (b) on the date fixed for the poll to place in the polling station set
up for the purpose the ballot boxes which shall be sealed in the
presence of the representatives of the contesting trade unions as
to receive the ballot papers;
• (c) conduct the poll at the polling station at which the
representatives of the contesting trade unions shall have the
right to be present;
• (d) after the conclusion of the poll and in the presence of such of
the representatives of the contesting trade unions as may be
present, open the ballot boxes and count the votes; and
• (e) after the conclusion of the count, declare the trade union
which has received the highest number of votes to be the
collective bargaining agent:
Provided that no trade union shall be declared to be the
collective bargaining agent for an establishment or group of
establishments unless the number of votes received by it is not
less than one-third of the total member of workmen employed in
such establishment or group.
(10) Where a registered trade union has been declared under clause
(e) of sub-section (9) to be the collective bargaining agent for an
establishment or group of establishments, no application for the
determination of the collective bargaining agent for such
establishment or group shall be entertained within a period of two
years from the date of such declaration.
38
(13) The Registrar may, by order in writing, delegate any of his powers
under sub-section (9) to any officer subordinate to him.
22. A Collective bargaining agent for institutions with more than one
establishment- (1) Where an employer carrying on an industry has, for
the purpose of the industry, more establishments than one, any
registered trade union which fulfils such conditions as may be
prescribed in this behalf may make an application in such manner and
to such authority as may be prescribed for being declared as the
collective bargaining agent in relation to all such establishments and,
upon such an application, there shall be determined in the prescribed
manner a collective bargaining agent for such establishments.
(2) An employer making any deduction from the wages under sub-
section (1) shall, within 15 days of the end of the period for which the
deductions have been made, deposit the entire amount so deducted by
him in the account of the trade union on whose behalf he has made
the deductions.
39
workmen so however that the representatives of the workmen is not
less than the number of the representatives of the employer in the
participation committee.
(2) In the case of an establishment where there are one or more trade
unions, the collective bargaining agent shall nominate the
representatives of the workmen in such participation committee;
Provided that where there is no collective bargaining agent,
representatives of the workmen on a participation committee shall be
chosen in the prescribed manner from amongst the workmen engaged
in the establishment for which the participation committee is
constituted.
40
representatives of the other party, arrange a meeting with the
representatives of the other party, for collective bargaining on the
issues raised in the communication with a view to reaching an
agreement thereon through the procedure of a dialogue.
41
relates to a public utility service or not, the Conciliator may, at his
discretion, decide not to proceed with the conciliation:
Provided further that no conciliation proceeding which has been
undertaken by the Conciliator under this section shall however be
invalid merely on the ground that such notice of strike does not
conform.
(2) The parties to the dispute shall appear before the Conciliator in
person or shall be represented before him by persons, nominated by
them and authorised to negotiate and enter into an agreement
binding on the parties:
Provided that in the case of a dispute in which a state-owned
manufacturing industry is involved, the representative of the Ministry
or Division administratively concerned with that industry may also
appear before the Conciliator.
31. Arbitration. (1) If the conciliation fails, the Conciliator shall try to
persuade the parties to agree to refer the dispute to an Arbitrator. In
case the parties agree, they shall make a joint request in writing for
reference of the dispute to an Arbitrator agreed upon by them.
(3) The Arbitrator shall give his award within a period of thirty days
from the date on which the dispute is referred to him under sub-
42
section (1) or such further period as may be agreed upon by the
parties to the dispute.
(4) After he has made an award, the Arbitrator shall forward a copy
thereof to the parties and to the Government who shall cause it to be
published in the official Gazette.
(5) The award of the Arbitrator shall be final and no appeal shall lie
against it. It shall be valid for a period not exceeding two years or as
may be fixed by the Arbitrator.
(1A).- The parties to the dispute may, at any time, either before or
after the commencement of a strike or lock-out, make a joint
application to me Labour Court for adjudication of the dispute.
(2) If a strike or lock-out lasts for more than 30 days, the Government
may, by order in writing, prohibit the strike or lock-out:
Provided that the Government may, by order in writing prohibit a strike
or lock-out at any time before the expiry of thirty days if it is satisfied
that the continuance of such strike or lock-out is causing serious
hardship to the community or is prejudicial to the national interest.
(4) The Labour Court shall, after giving both the parties to the dispute
an opportunity of being heard, make such award as it deems fit as
expeditiously as possible but not exceeding sixty days from the date
on which the dispute was referred to it:
Provided that the Labour Court may also make an interim award on
any matter of dispute:
Provided also that any delay by the Labour Court in making an award
shall not affect the validity of any award made by it.
(5) An award of the Labour Court shall be for such period, as may be
specified in the award, which shall not be more then two years.
43
33. Strike or Lock-out in Public Utility Services. (1) In the case of any of
the public utility services, the Government may, by order in writing,
prohibit a strike or lock-out at any time before or after the
commencement of the strike or lock-out.
(2) The provisions of sub-section (3), (4) and (5) of section 32 shall also
apply to an order made under sub-section (1) above as they apply to
an order made under sub-section (2) of that section.
44
Provided that the Chairman may select any member from either of the
panels as a member of the Labour Court in respect of more than one
case pending before the Labour Court.
45
• a) enforcing the attendance of any person and examining him on
oath,
• b) compelling the production of documents and material objects,
• c) issuing commissions for the examination of witnesses or
documents, and
• d) delivering exparte decision in the event of failure of any party
to appear before the Court.
(2A) A Labour Court may, if it is satisfied that the dispute has been
amicably resolved, allow the withdrawal of a case before it at any
stage of the proceeding thereof upon consideration of an application
signed by all the parties to the case after giving hearing all or any one
of them.
(3) A Labour Court shall, for the purpose of trying an offence under the
Ordinance, have the same powers as are vested in the Court of a
Magistrate of the First class under the Code of Criminal Procedure,
1898 (Act V of 1898) and shall, for the purpose of appeal for a
sentence passed by it, be deemed to be a Court of Sessions under that
Code.
(4) No Court fee shall be payable for filing, exhibiting or recording any
document, or obtaining any document from a Labour Court.
(2) The Government shall, within a period of one month from the
receipt of the copies of the award or decision, publish it in the official
Gazette.
(3) Any party aggrieved by an award given under sub-section (1), may
prefer an appeal to Labour Appellate Tribunal within 30 days of the
delivery thereof and the decision of the Tribunal in such appeal shall
be final.
46
(4) All decisions of a Labour Court, other than awards referred to in
sub-section 3 of section 36, shall be final and shall not be called in
question in any manner by or before any Court or other authority.
(1A) When more than one Labour Appellate Tribunal is established, the
Government shall, by notification in the official Gazette, specify the
area within which each Tribunal shall exercise jurisdiction.
(2) The Tribunal shall consist of one member who shall be appointed by
the Government, by notification in the official Gazette, from among
person who is or has been a Judge or an Additional Judge of the High
Court Division.
(2A) The member of the Tribunal shall hold office on such terms and
conditions as the Government may determine.
(3) The tribunal may, on appeal, confirm, set aside, vary or modify the
award and shall exercise all the powers conferred by this Ordinance on
the Court, save as otherwise provided. The decision of me tribunal
shall be delivered as expeditiously as possible, within a period of 60
days following the filing of the appeal:
Provided that such decision shall not be rendered invalid by reason of
any delay in its delivery.
(4A) The Tribunal may, on its own motion, and for the purpose of
satisfying itself as to the correctness, legality or propriety of the order
of the Labour Court, call for the record of any case or proceeding under
this Ordinance and may pass such order in relation thereto as it thinks
fit:
Provided that no order under this sub-section shall be passed revising
47
or modifying any order adversely affecting any person without giving
such person a reasonable opportunity of being heard.
(5) The Tribunal shall have authority to punish for contempts of its
authority, or that of any Labour Court subject to its appellate
jurisdiction, as if it were a High Court.
(6) Any person convicted and sentenced by the Tribunal under sub-
section (5) to imprisonment for any period, or to pay a fine exceeding
one thousand Taka may prefer an appeal to the High Court Division.
48
year from the date on which the memorandum of settlement is signed
by the parties to the dispute and shall continue to be binding on the
parties after the expiry of the aforesaid period until the expiry of two
months from the date on which either party informs the other party in
writing of its intention no longer to be bound by the settlement.
49
o (ii) on the date on which the period of the notice of strike
or lock-out expires.
45. Powers of Labour Court and Tribunal to prohibit strike etc.- (1)
When a strike or lock-out in pursuance of an industrial dispute has
50
already commenced and is in existence at the time when, in respect of
such industrial dispute, there is made, to, or is pending before, a
Labour Court or an application under section 34 the Labour Court may,
by an order in writing, prohibit continuance of the strike or lock-out.
46. Illegal strikes and lock-out- (1) Strike or lock-out shall be illegal if-
51
punish any workman (or terminate his service) except for
misconduct not connected with such dispute.
52
shall be entitled to be represented in any such proceeding by a person
duly authorised by him.
(2) Where any workman is entitled to receive from the employer any
benefit, under settlement or under an award or decision of the
Arbitrator, Labour Court or Tribunal, which is capable of being
computed in terms of money, the amount at which such benefit shall
be computed may, subject to the rules made under this Ordinance, be
determined and recovered as provided for in sub-section (1) and paid
to the workman concerned within a specified date.
53
PENALTIES AND PROCEDURE
53. Penalty for unfair labour practices.- (1) Whoever contravenes the
provisions of section 15, shall be punishable with imprisonment which
may extend to one year, or with fine which may extend to five
thousand Taka or with both.
(2) Any workman who contravenes the provisions of section 16, shall
be punishable with imprisonment which may extend to six months, or
with fine which may extend to two hundred Taka or with both.
• (a) for the first offence, with imprisonment for a term which may
extend to one year, or with fine which may extend to five
hundred Taka or with both; and
• (b) for each subsequent offence with imprisonment for a term
which may extend to two years or with fine which may extend to
one thousand Taka or with both.
56. Penalty for false statement, etc.- Whoever wilfully makes or causes
to be made in any application or other document submitted under this
Ordinance or the rules thereunder any statement which he knows or
has reason to believe to be false, or wilfully neglects or fails to
maintain or furnishes any list document or information he is required to
maintain or furnish under this Ordinance or the rules thereunder, shall
be punishable with imprisonment for a term which may extend to six
months, or with fine which may extend to five hundred Taka, or with
both.
54
57. Penalty for illegal strike or lock-out.- (1) Any workman who
commences, continues or otherwise acts in furtherance of an illegal
strike shall be punishable with imprisonment for a term which may
extend to six months or with fine which may extend to two hundred
Taka or with both.
55
realisation, the amount of fine may be reimbursed by the Court to the
trade union concerned.
56
65. Indemnity.- No suit, prosecution or other legal proceedings shall lie
against any person for anything which is, in good faith, done or
intended to be done in pursuance of this Ordinance or any rule.
(2) Rules made under this section may provide that a contravention
thereof shall be punishable with fine which may extend to one hundred
Taka.
67. Repeal and savings.- (1) The following laws are hereby repealed,
namely:-
57
1. Short title.- These rules may be called the Factories Rules, 1979.
• (a) 'Act' means the Factories Act, 1965 (E. P. Act IV of 1965);
• (b) 'artificial humidification' means the introduction of moisture
into the air of a room by any artificial means whatsoever, except
the unavoidable escape of steam or water vapour into the
atmosphere directly due to a manufacturing process:
CHAPTER I
(2) All applications for permission shall be made in Form No. 1 which
shall be accompanied by the following documents, namely-
58
details relating to construction of walls, roofing, natural
lighting, ventilation and means of escape in case of fire,
the position of the plant, machinery, aisles and passage
ways; and
• (c) such other particulars as the Chief Inspector may require.
5. (1) Every licence for a factory shall, on the payment of the fees
specified in the Schedule below, be granted by the Chief Inspector in
Form No. 3:
(2) Every licence shall remain in force up to the 31st December of the
year in which the licence is granted,
THE SCHEDULE
59
(1) Scale of fees payable for licence and annual renewal of licence by
factories:
Provided that if part of the renewal fee is paid within the due date, the
excess fee shall only be payable on the balance due.
60
8. Loss of licence.- Where a licence granted under these Rules is lost or
accidentally destroyed, a duplicate may be granted on payment of
twenty Taka.
CHAPTER II
INSPECTING STAFF
(2) The Certifying Surgeon shall grant certificate of fitness in Form No.
4.
(4) The Certifying Surgeon shall submit such a report to the Chief
Inspector as the Chief Inspector may call for from time to time in
respect of any factory or class or description of factory determined by
him.
(5) The Certifying Surgeon shall visit the factories to examine persons
engaged in dangerous occupations or processes at such intervals as
the Chief Inspector may specify on his behalf.
(6) The Certifying Surgeon shall record the result of the examination in
each visit in a register, known as the Health Register, in Form No. 5
maintained with the Manager.
61
process without the written sanction of the Certifying Surgeon in the
Health Register.
(8) The Manager of the factory shall afford to the Certifying Surgeon all
facilities to inspect any process in which any person is employed or is
likely to be employed.
(9) The Manager of the factory shall provide, for the purpose of any
medical examination which the Certifying Surgeon wishes to conduct
at the factory, a room which shall be properly cleaned and adequately
ventilated and lighted and furnished with a screen, a table, and chairs.
CHAPTER III
HEALTH
11. Lime-washing and painting.- In every factory, all inside walls and
partitions, all ceilings or tops of rooms and all walls, sides and tops of
passages and staircases, if painted or varnished and have smooth
impervious surfaces, shall be washed with water once every fourteen
months and, if necessary, by soap and brush.
Provided that, where there is no such drainage line, the effluent shall
be deodorized and rendered innocuous and then disposed of in a
suitable manner to the satisfaction of the Inspector.
62
15. Artificial humidification in cotton mills.- There shall be no artificial
humidification in any room of a cotton spinning or weaving factory:
• (a) by the use of steam during any period when the dry bulb
temperature of that room exceeds 85 degrees;
• (b) at any time when the wet bulb reading of the hygrometer is
higher than that specified in the Schedule below in relation to the
dry bulb reading of the hygrometer at that time, or as regards a
dry bulb reading intermediate between any two dry bulb
readings indicated consecutively in the schedule when the dry
bulb reading does not exceed the wet bulb reading to the extent
indicated in relation to the lower of these two dry bulb readings:
Provided that clause (b) shall not apply when the difference between
the wet bulb temperature as indicated by the hygrometer in the
department concerned and the wet bulb temperature taken with a
hygrometer outside in the shed is less than 3.5 degrees.
THE SCHEDULE
Dry Wet Dry Wet Dry Wet bulb
bulb bulb bulb bulb bulb
1 2 3 4 5 6
60.0 58.0 77.0 75.0 94.0 86.0
61.0 59.0 78.0 76.0 95.0 87.0
62.0 60.0 79.0 77.0 96.0 87.0
63.0 61.0 80.0 78.0 97.0 88.0
64.0 62.0 81.0 79.0 98.0 88.5
65.0 63.0 82.0 80.0 99.0 89.0
66.0 64.0 83.0 80.5 100.0 89.5
67.0 65.0 84.0 81.0 101.0 90.0
68.0 66.0 85.0 82.0 102.0 90.0
69.0 67.0 86.0 82.5 103.0 90.5
70.0 68.0 87.0 83.0 104.0 90.5
71.0 69.0 88.0 83.5 105.0 91.0
72.0 70.0 89.0 84.0 106.0 91.0
73.0 71.0 90.0 84.5 107.0 91.5
74.0 72.0 91.0 85.0 108.0 91.5
75.0 73.0 92.0 85.5 109.0 92.0
76.0 74.0 93.0 86.0 110.0 92.0
63
16. Hygrometer.- (I) In all departments of cotton spinning and weaving
mills wherein artificial humidification is adopted, hygrometers shall be
provided and maintained in such positions as are approved by the
Inspector.
64
construction and equal in dimensions, scale, and divisions of scale.
They shall be mounted on a frame with a suitable reservoir containing
water.
(2) The wet bulb shall be closely covered with a single layer of muslin,
kept wet by means of a wick attached to it and dipping into the water
in the reservoir.
(3) No part of the wet bulb shall be within 3 inches of the dry bulb or
less than 1 inch from the surface of the water in the reservoir and the
water reservoir shall be below it, on the side of it away from the dry
bulb.
(4) The bulb shall be spherical and of suitable dimensions and shall be
freely exposed on all sides to the air of the room.
(5) The bores of the stems shall be such that the position of the top of
the mercury column shall be readily distinguishable at a distance of 2
feet.
65
21. Affixing of hygrometers.- (1) No hygrometer shall be affixed to a
wall pillar, or other surface unless protected by wood or other
nonconducting material at least half an inch in thickness.
23. Introduction of steam for humidification.- The steam pipes used for
the introduction of steam for the purpose of artificial humidification of
the air in any room shall be subject to the following, namely-
• (a) the diameter of the pipes shall not exceed two inches and, in
the case of pipes installed after the 1st day of March, 1979, the
diameter shall not exceed one inch;
• (b) the pipes shall be as short as is reasonably practicable;
• (c) all hangers supporting the pipes shall be separated from the
bare pipes by an efficient insulator not less than half an inch in
thickness;
• (d) the steam pressure of the pipes shall be as low as practicable
and shall not exceed 70 lbs. per square inch; and
• (e) the pipes employed for the introduction of steam into the air
in a department shall be effectively covered with such
nonconducting material as may be approved by the Inspector in
order to minimise the amount of heat radiated by them into the
department.
24. Lighting of interior parts.- The lighting of, and the light fittings in,
the interior parts of a factory where persons are regularly employed
and in other parts shall be of such specification or, as the case may be,
of such manner, as the Chief Inspector may specify in this behalf.
25. Provisions for drinking water.- (1) In every factory there shall be
provided and maintained at suitable points conveniently accessible to
all workers a supply of water fit for drinking. The quantity supplied
daily shall be at least as many gallons as there are workers.
(2) The drinking water required to be supplied under sub-rule (1) shall
be contained in suitable vessels and shall be renewed at least daily. All
practicable steps shall be taken to preserve the water and vessels from
contamination.
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(3) Any open well or reservoir from which the drinking water is derived
shall be so situated and protected as not to be liable to pollution by
any organic matter or other impurities.
(4) The area around any place where drinking water is supplied to the
workers shall be maintained in a clean and drained condition.
(5) The Inspector may, by order in writing, require the Manager of the
factory to obtain a report from the Directorate of Health Services as to
whether the drinking water supplied to the workers is fit for drinking or
otherwise.
26. Cooling of water.- In every factory wherein more than two hundred
and fifty workers are ordinarily employed, the drinking water supplied
to the workers' canteen, lunch room and rest room shall, from the 1st
of April to the 30th September, in every year, be cooled by ice or other
effective method:
Provided that if ice is placed in the drinking water, the ice shall be
clean and wholesome:
Provided further that in the case of factories where provisions for water
coolers have been made, the Chief Inspector may, by order in writing,
relax the provision of this rule.
(2) The number of workers in a factory for whom septic tank latrine
accommodation shall be deemed to be adequate shall be the
maximum number of daily users as approved by the Directorate of
Health Services under clause (a) of rule 29, or the number of workers
provided for on the scale specified in sub-rule (1), whichever is less;
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and where the number so calculated is less than total number of
workers employed, the accommodation provided by way of septic tank
latrines shall not be deemed to be sufficient within the meaning of
section 20.
(1) The design and the site or situation shall be subject to the approval
of the Directorate of Health Services, and the construction shall be
subject to the approval of the Chief Inspector. Application for such
approval shall be accompanied by plans in duplicate showing-
(3) They shall not open onto any workroom except through the open
air or through an intervening ventilated space and shall be adequately
lighted during working hours.
(5) Where workers of both sexes are employed, separate latrines shall
be provided for each sex, and outside each latrine, at the entrance,
there shall be displayed in a conspicuous position, an approved sign or
a notice in Bengali clearly indicating the sex for which the latrine is
provided. All latrines intended for females shall be so placed or so
screened that the interior shall not be visible, even when the door is
open, from any place where persons of other sex have to work or pass,
and, if the latrines for one sex adjoin those for the other sex, the
approaches shall be separate and there shall be no common entrance.
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(6) Where piped water-supply is available, a sufficient number of water
taps, conveniently accessible, shall be (provided) in or near such
latrine accommodation.
29. Septic tank latrine.- The following provisions shall apply to septic
tank latrines: -
• (a) The maximum number of daily users for whom the tank is
designed shall be approved by the Directorate of Health
Services, and a notice board showing such number shall be fixed
in a prominent position on each latrine.
• (b) The latrines shall be so designed as to allow a space of 2
cubic feet to 3 cubic feet per user and the ordinary filter beds
shall have 6 cubic feet of filtering media per every user, and for
rotary filters the capacity may be reduced to 3 cubic feet per
user.
• (c) Efficient automatic recording turnstile or turnstiles shall be
provided for recording the total number of users admitted on any
day, and a register showing the number of daily users shall be
maintained.
• (d) The effluent therefrom shall conform to such standards as the
Government may, by notification in the official Gazette, specify
in this behalf.
• (e) For the satisfactory disposal of the sludge or other solid
matters, a pit of cubical capacity equal to the total flow of not
less than an hour shall be provided to receive the solid matter.
When the pit becomes full, the valves should be closed and the
solid matter and sludge shall be allowed time to settle. The
effluent shall then be drawn off and sterilized, and the solid
matter and sludge shall be buried or burnt:
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31. Urinal accommodation.- Urinal accommodation shall be provided
for the use of male workers which shall not be less than 2 feet in
length. It shall be sufficient if there is one urinal for every 50 males up
to the first 500 employed, and one for every 100 thereafter. In
calculating the urinal accommodation required under this rule any odd
number of workers less than 50 or 100, as the case may be, shall be
reckoned as 50 or 100.
Provided that parts of latrines and urinals which are laid in glazed tiles
or otherwise finished to provide a smooth polished impervious surface
shall be washed with suitable detergents and disinfectants at least
once in every period of four months.
CHAPTER IV
70
SAFETY
Provided that the Chief Inspector shall not allow the use of any such
railway or means of transport if it is designed, maintained or operated
in contravention of any provisions of any other Act, for the time being
in force.
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(3) Wherever practicable, connection between the flexible cable of a
portable apparatus and the supply line shall be made by a properly
designed three pin plug and socket so that wrong insertion will not be
possible.
(4) The type and the layout of electrical apparatus to be used and the
method of electrical wiring likely to induce [a spark] in any part of a
factory in which any ignitable or explosive substance is used or stored ,
shall be subject to the approval of the Chief Inspector.
(3) A worker required to wear tight fitting clothing under subsection (1)
of section 24 shall be provided such clothes by the employer and such
clothing shall consist of at least a pair of closely fitting shorts and a
closely fitting half sleeve shirt or vest. Such clothing shall be returned
to the employer upon termination of service or when new clothing is
provided.
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46. Lifting machines, chains, ropes and lilting tackles.- (1) No lifting
machine and no chain, rope or lifting tackle, except a fibre rope or fibre
rope sling, shall be taken in use in any factory for the first time in that
factory unless it has been tested and all parts have been thoroughly
examined by a competent person and a certificate of such a test and
examination specifying the safe working load or loads, and signed by
the person taking the test and the examination, has been obtained and
is kept available for inspection.
(2) Every jib-crane so constructed that the safe working load may be
varied by the raising or lowering of the jib, shall have attached thereto
either an automatic indicator or safe working loads at an
corresponding inclination of the jib or at corresponding radii of the
load.
(3) A table showing the safe working loads of every kind and size of
chain, rope or lifting tackle in use, and in the case of a multiple sling,
the safe working loads of different angles of the legs, shall be posted in
the store room or place where or in which the chains, ropes or lifting
tackles are kept, and in prominent position on the premises;
furthermore no rope, chain or lifting tackle not shown in the table shall
be used. The provisions of this sub-rule shall not apply in respect of
lifting tackle if the safe working load thereof, or in the case of a
multiple sling, the safe working load at different angles of the legs, is
plainly marked upon it.
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(5) All chains and lifting tackles, except a rope sling, shall, unless they
have been subjected to such other heat treatment as may be approved
by the Chief Inspector, be effectively annealed under the supervision of
a competent person at the following intervals:-
• (i) all chains, slings, rings, hooks, shackles and swivels used in
connection with molten metal or molten slag or when they are
made of half inch bar or smaller, once at least every six months;
• (ii) all other chains, rings, hooks, shackles and swivels in general
use once at least in every twelve months:
Provided that chains and lifting tackle not in frequent use shall, subject
to the approval of the Chief Inspector, be annealed only when
necessary particulars of such annealing shall be entered in the register
mentioned under sub-rule (4).
(6) Nothing in sub-rule (5) shall apply to the following classes of chains
and lifting tackle:-
(7) All lifting machines, chains, ropes and lifting tackles, except a fibre
rope or fibre rope sling, which have been lengthened, altered or
repaired by welding or otherwise, shall, before being again taken into
use, be adequately tested and re-examined by a competent person
and a certificate of such test and examination be obtained.
(8) All rails on which a travelling crane moved and every track on
which the carriage of a transporter or runway moves, shall be of proper
74
size and adequate strength and have an even running surface and
every such rail or track shall be properly laid, adequately supported
and properly maintained.
Provided that the Chief Inspector may exempt any factory in respect of
any particular overhead travelling crane from the operation of any
provision of this sub-rule subject to such condition as he may direct in
writing.
47. Pressure plant.- (1) Every plant or machinery other than working
cylinder of prime movers used in a factory, and operated at a pressure
greater than atmospheric pressure, shall be-
Provided that it shall be sufficient for the purpose of clause (c) if the
safety valves, pressure gauge and stop valve are mounted on a pipe
75
line immediatly adjacent to the vessels and where there is a range of
two or more similar vessels in a plant served by the same pressure
load, only one set of such mountings need be fitted, provided they
cannot be isolated;
(4) Every new and second hand cylinder of thin walls to which repairs
have been carried out and which may effect its safety, shall be tested
before use at at least one and a half times its working pressure.
76
to withstand safely the maximum permissible working pressure at the
source of supply or the maximum pressure which can be obtained in
the pipe connecting the vessel with any other source of supply, shall
be fitted with a suitable reducing valve or other suitable automatic
device to prevent the safe working pressure of the vessel from being
exceeded.
(9) No vessel which has previously been used elsewhere shall be taken
into use for the first time in another factory until it has been examined
and reported in accordance with these rules, and no new vessel shall
be taken into use unless a certificate specifying the maximum
permissible working pressure thereof, and the nature of the tests to
which the vessel and its fittings, if any, have been subjected, has been
obtained from the maker of the vessel, or from a competent person.
The certificate shall be kept available for perusal by an Inspector, and
the vessel to which the certificate relates shall be so marked as to
enable it to be easily identified.
(10) Where the report of any examination under this rule specifies
conditions for securing the safe working of a vessel, the vessel shall
not be used except in accordance with these conditions.
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(12) The requirements of this rule shall be in addition to and not in
derogation of the requirement of any other law, rule or regulation for
the time being in force.
• (a) any pressure plant which comes within the scope of the
Boilers Act, 1923; and
• (b) portable cylinders of vessels used for transport of gases.
78
• (a) dry grindings of metal or metal articles applied by hand to a
revolving wheel, or disc driven by mechanical power; turning
(external or internal) of non-ferrous metals or of cast iron, or
articles of such metals or such iron, where the work is done dry,
other than precision turning where the use of goggles or screen
would seriously interfere with the work, or turning by means of
hand tools;
• (b) welding or cutting of metals by means of electric,
oxyacetylene or similar processes;
• (c) fettling, cutting out cold rivets or bolts, chipping or scaling,
and breaking or dressing for stone, concrete slag and the like by
hand tools or other portable tools.
51. Means of escape in case of fire.- (1) Each room of a factory building
shall be provided with not less than two exits for use in case of fire, so
positioned that each person will have a reasonably free and
unobstructed passage from his work place to an exit.
(2) No such exit shall be less than 32-0" in width and less than 6-6" in
height.
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(5) Every stairway in a factory which affords means of escape in case
of fire shall be provided with a substantial handrail which, if the
stairway has open an side shall be on that side, and if the stairway has
two open sides, such handrail shall be provided on both sides.
52. Fire fighting apparatus and water supply.- (1) In every factory there
shall be provided and maintained two fire buckets of not less than two
gallon capacity each for every 1,000 sq. ft. of floor area subject to a
minimum of four such buckets on each floor and every bucket shall-
(2) In factories having more than 1,000 sq. ft. floor area and where fire
may occur due to combustible materials other than inflammable
liquids, electrical equipment and ignitable metals, soda acid or
equivalent type of portable extinguishers at the rate of one for every
5,000 sq. ft. of area spaced at not more than 100 ft. apart subject to a
minimum of one extinguisher shall be provided in addition to fire
buckets required under sub-rule (1).
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in sub-rule (2) shall consist of foam, carbon tetrachloride, dry powder,
carbon dioxide, chlorobromome theme or other equivalent type.
(4) In factories where fire may occur due to electrical equipment, the
extinguisher to be provided at the scale laid down in sub-rule (2) shall
consist or carbon dioxide, dry powder, carbon tetrachloride or
equivalent types.
Provided that where the Chief Inspector is of opinion that owing to the
adequate automatic fire fighting installations approved by any
recognised fire association or fire insurance company provided in the
factory building or room, the provisions of this sub-rule may be
relaxed, and he may issue a certificate in writing specifying the extent
to which the above requirements are relaxed in respect of that building
or room.
(8) Every factory shall keep and maintain sufficient number of spare
charges for each type of extinguisher provided in the factory with a
maximum of 12 spare charges always in stock and readily available.
(10) Each factory shall have a trained officer who shall be responsible
for the proper maintenance and upkeep of all fire fighting equipment.
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(11) The Manager of the factory shall prepare a detailed 'Fire Safety
Plan' for proper enforcement of fire safety rules and for actions to be
taken, in proper sequence, in the case of a fire in the factory.
CHAPTER V
WELFARE
• (a) a trough with tap or jets at intervals of not less than 2'-0", or
• (b) wash-basins with taps attached thereto, or
• (c) taps on stand-pipes, or
• (d) showers controlled by taps, or
• (e) circular troughs of the fountain type:
Provided that the Inspector may, having regard to the need and habits
of the workers, fix the proportions in which the aforementioned types
of facilities shall be installed.
(3) Every trough and basin shall have a smooth, impervious surface
and shall be fitted with a waste-pipe and plug.
(4) The floor or ground under and in the immediate vicinity of every
trough, tap, wash-basin, stand pipe and shower shall be so laid or
furnished as to provide a smooth impervious surface and shall be
adequately drained.
(5) For persons whose work involves contact with any injurious or
noxious substance, there shall be at least one tap for every 15 persons
and for persons whose work does not involve such contact the number
of taps shall be as follows:
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No. of workers No. of taps
Up to 20 1
21 to 35 2
36 to 50 3
51 to 150 4
151 to 200 5
Exceeding 200 but not 5 plus 1 tap for
exceeding 500 every 50 or fraction
of 50.
Exceeding 500 11 plus one tap for
every 100 or
fraction of 100.
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o (ix) analgesic tablets, ointment for burns and suitable
surgical antiseptic solutions:
• (b) for factories in which mechanical power is used and in which
the number of persons employed exceeds ten but does not
exceed fifty, each first-aid box or cup-board shall contain the
following equipments:-
o (i) 12 small sterilized dressings,
o (ii) 6 medium size sterilized dressings,
o (iii) 6 large size sterilized dressings,
o (iv) 6 large size sterilized bum dressings,
o (v) 6 (1/2 oz.) packets of sterilized cotton wool,
o (vi) 1 (2 oz.) bottle containing a 2 per cent alcoholic
solution of iodine,
o (vii) 1 (2 oz.) bottle containing rectified spirit,
o (viii) 1 roll of adhesive plaster,
o (ix) tourniquet,
o (x) 1 pair of scissors,
o (xi) 1 copy of first-aid leaflet, and
o (xii) analgesic tablets, ointment for burns and suitable
surgical antiseptic solution;
• (c) for factories employing more than fifty persons, each first-aid
box or cup-board shall contain the following equipments:-
o (i) 24 small sterilized dressings,
o (ii) 12 medium size sterilized dressings,
o (iii) 12 large size sterilized dressings,
o (iv) 12 large size sterilized bum dressings,(v) 12 (1/2 oz.)
packets of sterilized cotton wool,
o (vi) tourniquet,
o (vii) 1 (4 oz.) bottle containing a 2 per cent alcoholic
solution of iodine,
o (viii) one pair of scissors,
o (ix) 1 (4 oz.) bottle of rectified spirit,
o (x) 1 copy of first-aid leaflet,
o (xi) 12 (4 wide) roller bandages,
o (xii) 12 (2 wide) roller bandages,
o (xiii) 2 rolls of adhesive plaster,
o (xiv) 6 triangular bandages,
o (xv) 2 packets of safety pins,
o (xvi) a supply of suitable splints, and
o (xvii) analgesic tablets, ointment for burns and suitable
surgical antiseptic solution:
84
equipped ambulance room, or where there is at least one box
containing such items is maintained.
(2) The ambulance room or dispensary shall be separated from the rest
of the factory and shall not be situated in close proximity to any part of
the factory in which noisy processes are carried on.
(4) The ambulance room shall have smooth, hard impervious floor and
walls impervious up to a height of 5 ft. and shall be adequately
ventilated and lighted by both natural and artificial means. It shall be
used only for the purpose of first-aid treatment and rest and shall
contain at least-
85
• (w) 3 chairs,
• (x) one screen,
• (y) one electric hand torch,
• (z) four first-aid boxes or cup-boards stocked to the standards
prescribed under clause (c) of rule 55, and
• (zz) adequate supply of anti-tetanus serum.
(5) The Chief Inspector may, in the case of Ordinance Factories, relax
the provisions of sub-rules (1), (2), (3), and (4).
(6) The occupier of every factory shall, for the purpose of removing
serious cases of accident or sickness, provide in the premises and
maintain in good condition a suitable transport unless he has made
arrangements for obtaining such a transport from a hospital.
(2) The owner of a factory shall submit for the approval of the Chief
Inspector, plans and site plans in duplicate, of the building to be
constructed or adapted for use as a canteen.
(3) The canteen building shall be situated not less than 50 ft. from any
latrine, urinal, boiler house, coal stacks, ash dumps and other source of
dust, smoke or obnoxious fumes:
Provided that the Chief Inspector may, in any particular factory, relax
the provisions of this sub-rule to such extent as may be reasonable in
the circumstances and may require measures to be adopted to secure
the essential purposes of this sub-rule.
86
Provided that the Chief Inspector may, in the case of factories existing
on the date of commencement of these rules, relax the provisions of
this sub-rule to such extent as he considers reasonable.
(5) The height of every room in the building shall be not less than 12
feet from the floor level to the lowest part of the roof. The floor and
inside walls up to a height of 4 ft. from the floor shall be made of
smooth and impervious material:
(7) The canteen shall be sufficiently lighted at all times when any
person have access to it.
(8)
58. Dining hall.- (1) The dining hall shall accommodate at least 30
percent of the workers working at a time:
87
Provided that, in any particular factory or in any particular class of
factories, the Chief Inspector may, by an order in writing in this behalf,
alter percentage of workers to be accommodated.
(2) The floor area of the dining hall, excluding the area occupied by the
service counter and any furniture except tables and chairs, shall be not
less than 10 sq. ft. per worker to be accommodated as specified in sub-
rule (1).
(3) A portion of the dining hall and service counter shall be partitioned
off and reserved for women workers in proportion to their number.
Washing places for women shall be separate and screened to secure
privacy.
60. Prices to be charged.- (1) Food, drink and other items served in the
canteen shall be sold on a non-profit basis and the prices charged shall
be subject to the approval of the Canteen Managing Committee.
(2) The charges of foodstuff, beverages and any other item served in
the canteen shall be conspicuously displayed in the canteen.
61. Accounts.- (1) All books of accounts, registers and any other
documents used in connection with the running of the canteen shall be
produced on demand to an Inspector.
88
Provided that the accounts pertaining to the canteen in a Government
factory having its own Accounts Department, may be audited by such
Department.
62. Managing Committee.- (1) The Manager shall consult the Canteen
Managing Committee from time to time as to-
63. Shelters, rest rooms and lunch rooms.- The shelters or rest rooms
and lunch rooms shall conform to such standard and size as the Chief
Inspector may direct, and the Manager of the factory shall submit for
the approval of the Chief Inspector the plan and site plan, in duplicate,
of the building to be constructed or adapted.
89
(3) The heights of the rooms in the building shall not be less than 12 ft.
from the floor to the lowest part of the roof and there shall be not less
than 20 sq. ft. of floor area for each child to be accommodated.
(4) Effective and suitable provisions shall be made in every part of the
creche for securing and maintaining adequate ventilation by the
circulation of fresh air.
(6) A suitable fenced and shady open air play-ground shall be provided
for the older children:
Provided that the Chief Inspector may, by order in writing, exempt any
factory from compliance with this sub-rule if he is satisfied that there is
not sufficient space available for the provision of such a play-ground.
• (a) The floor and internal walls of the room to a height of 3 ft.
shall be so laid or finished as to provided smooth impervious
surface. The room shall be adequately lighted and ventilated and
the floor shall be effectively drained and maintained in a clean
and tidy conditions.
• (b) There shall be at least one basin or similar vessel for every
five children accommodated in the creche at any one time
together with a supply of water provided, if practicable, through
taps at the rate of at least 5 gallons per child per day.
• (c) An adequate supply of clean clothes, soap and clean towels
shall be made available for each child.
66. Supply of milk and refreshment.- At least 1/2 lb. (one half pound) of
pure milk shall be made available for each child on every day for the
children while in creche. There shall be provided in addition an
adequate supply of wholesome refreshment.
67. Clothes for creche staff.- The creche staff shall be provided with
suitable clean clothes for use while on duty in the creche.
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CHAPTER VI
(2) The Manager of the factory shall display, on or before the month in
which holidays are lost, a notice in respect of workers allowed
compensatory holidays during the month in which they are due or the
two subsequent months and of the days thereof, at the place at which
the notice of periods of work specified under section 60 is displayed.
Any subsequent change in the notice in respect of any compensatory
holiday shall be made not less than 5 days in advance of the date of
the holiday.
(4) The Manager of the factory shall maintain a register in Form No. 11.
The register shall be preserved for a period of three years after the last
entry in it and shall be produced before the Inspector on demand.
(2) The Manager of every factory in which workers are exempted from
the operation of the provisions of section 50 or section 51 shall keep a
91
muster-roll in Form No. 12 showing the normal piece-work rate of pay,
or rate of pay per hour of all exempted employees. In this muster-roll
there shall be correctly entered the overtime hours of work and
payments of all exempted workers. The muster-roll shall be always
available for inspection. All entries shall be made in ink and the
muster-roll shall be preserved for three calendar years after the last
entry in it.
72. Notice of periods of work for adults.- The notice of periods of work
for adult workers shall be in Form No. 13, Form No. 13A or Form No.
13B, as the case may be.
73. Register of adult workers.- (1) The register of adult workers shall be
maintained in Form No. 14.
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(4) All entries in the registers shall be made in ink, shall be legible and
shall be maintained up-to-date.
(5) All registers shall be maintained in Bengali or English and all dates
entered in a register shall be in accordance with English calendar year.
(6) All registers for the preceding three calendar years shall be
preserved and be made available in the factory for examination by the
Inspector.
CHAPTER VII
74. Notice of periods of work for children.- The notice of period of work
for children worker shall be in Form No. 13, Form No. 13A or Form No.
13B, as the case may be.
(3) Where a child is transferred from one group to another, or from one
relay to another, the particulars of his transfer shall be entered against
his name.
(4) All entries in the registers shall be made in ink, shall be legible and
shall be maintained up-to-date.
(5) All registers shall be maintained in Bengali or English and all dates
entered in accordance with the English calendar year.
(6) All registers for the preceding three calendar years shall be
preserved and shall be available in the factory for examination by the
Inspector.
77. Register of leave with wages.- (1) The Manager of every factory
shall keep an up-to-date register in Form No. 16 showing the
particulars of leave with wages:
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Provided that if the Chief Inspector is of the opinion that any muster-
roll or register maintained as part of the routine of the factory, or
return made by the Manager, gives in respect of any or all of the
workers in the factory the particulars required for the enforcement of
Chapter VII of the Act, he may, by order in writing direct that such a
master-roll or register or return shall, to the corresponding extent, be
maintained in place of and be treated as the register or return required
under this rule in respect of that factory.
(2) The register of leave with wages shall be preserved for a period of
3 years after the last entry in it and shall be produced before the
Inspector on demand.
78. Leave Book.- (1) The Manager shall provide each worker with a
book to be called Leave Book in Form No. 17. The Leave Book shall be
the property of the worker and the Manager of the factory or his agent
shall not demand it except to make relevant entries therein whenever
necessary and shall not keep it for more than a week at a time. All
entries in the Leave Book shall be made in ink, shall be legible and
shall be maintained up-to-date.
(2) If a worker loses his Leave Book, the Manager of the factory shall
provide him with another copy on payment of 25 poisa and shall
complete it from his record.
79. Medical certificate.- If any worker is absent from work due to his
illness, and wants to avail himself of the leave with wages due to him
to cover the whole or part of the period of his illness under the
provisions of sub-section (2) of section 80, he shall, if required by the
Manager of the factory, produce a medical certificate signed by a
registered medical practitioner stating the cause of the absence and
the period for which the worker is, in the opinion of such medical
practitioner, unable to attend his work.
94
employed. Entries to this effect shall be made in the leave with wages
register and the Leave Book in respect of each worker concerned.
(2) A worker may exchange the period of his leave with another
worker, subject to the approval of the Manager of the factory.
(3) 'Year' in sections 79 and 80 shall mean the English calendar year.
CHAPTER VIII
SPECIAL PROVISIONS
95
• (n) printing presses and type foundries wherein certain load
processes are carried on;
• (o) manufacture of compressed hydrogen or compressed oxygen;
• (p) manufacture of pottery;
• (q) manufacture of rayon by the viscose process; and
• (r) manufacturing processes and incidental thereto carried out in
such works as the Chief Inspector may specify in writing.
96
forthwith to the authorities mentioned in clauses (a), (b), (c) and (d) of
rule 84.
(2) When an accident which has been reported to the Chief Inspector
and Inspector as 'Minor' afterwards proves to be 'Serious', or when one
reported as 'Serious' afterwards proves to be 'Minor' the Manager of
the factory shall make the necessary corrections in a supplementary
report which shall be sent forthwith to the authorities mentioned in
clauses (a), (b) and (c) of rule 84.
(3) A final accident report shall be sent by the Manager of the factory
to the Chief Inspector and Inspector, in From No. 18A within one month
from the date or occurrence of the accident.
87. Site of fatal accident.- Where loss of life has immediately resulted
from an accident, the place where the accident occurred shall be left
as it was immediately after the accident until the expiration of at least
three days after the time when the notice required under rule 84 was
given, or until the visit to the place by an Inspector, whichever first
happens, unless compliance with this rule would tend to increase or
continue the danger.
88. Explosions, fire and accidents to plant.- When there occurs in any
factory any explosion, fire, collapse of buildings, or serious accident to
the machinery or plant, whether or not attended by personal injury or
disablement, such occurrence shall be reported by the Manager of the
factory within five hours of the occurrence to the authorities mentioned
in clauses (a) and (b) of rule 84 in Form No. 18B.
CHAPTER IX
SUPPLEMENTAL
97
grounds of objection to the order and bearing Court-fees stamps in
accordance with Article II of Schedule II to the Court-fees Act, 1870,
and shall be accompanied by a copy of the order appealed against.
(4) If, in the memorandum of appeal, the appellant has requested that
the appeal should be heard with the aid of assessors, he shall declare
in the memorandum the name or names of registered associations of
employers of which he is a member.
(5) The association entitled to appoint the assessor within the meaning
of sub-section (2) of section 108 shall be determined as hereinafter
stated-
98
diem. He shall also receive the actual travelling expenses. The fees
and travelling expenses shall be paid to the assessors by the
Government, but where assessors have been appointed at the request
of the appellant, the travelling expenses of the assessors shall be paid
in whole or in part out of the money deposited under sub-rule (2), and
the balance of the deposit, if any, refunded to the appellant.
91. Display of extract of the Act and the rules.- The Manager or
occupier of a factory shall display such extracts of the act and the rules
as the Chief Inspector may direct in a conspicuous place of the factory.
92. Returns.- The Manager of every factory shall furnish to the Chief
Inspector-
CHAPTER X
WELFARE OFFICERS
96. Creche Return.- The Manager of every factory wherein more than
50 women workers are ordinarily employed shall furnish to the Chief
Inspector and Inspector not later than the 31st January of the year
subsequent to that to which it relates a creche return as provided by
Form No. 26.
97. Shelters, rest rooms and lunch rooms.- The Manager of every
factory wherein more than 150 workers are ordinarily employed, shall
furnish to the Chief Inspector not later than 31st January of the year
99
subsequent to that to which it relates a return in respect of shelters,
rest rooms and lunch rooms as provided in Form No. 27.
100
Workmen's Compensation Act, 1923.
(3) It shall come into force on the first day of July, 1924.
101
(c) a minor illegitimate son, an unmarried illegitimate daughter or a
daughter legitimate or illegitimate or adopted if married and a minor or
if widowed and a minor,
Explanation : For the purposes of sub-clause (ii) and items (f) and (g) of
sub-clause (iii), references to a son, daughter or child include an
adopted son, daughter or child respectively;
(ff) "minor" means a person who has not attained the age of 18 years;
102
(h) "prescribed" means prescribed by rules made under this Act;
(k) "seaman" means any person forming part of the crew of any ship,
but does not include the master of the ship;
103
(d) a person recruited for work abroad by a company, and who is
employed outside India in any such capacity as is specified in Schedule
II and the ship, aircraft or motor vehicle, or company, as the case may
be, is registered in India, or
(2) The exercise and performance of the powers and duties of a local
authority or of any department acting on behalf of the Government
shall, for the purposes of this Act, unless a contrary intention appears,
be deemed to be the trade or business of such authority or
department.
Provided that the employer shall not be so liable - (a) in respect of any
injury which does not result in the total or partial disablement of the
workman for a period exceeding three days;
104
(i) the workman having been at the time thereof under the influence of
drink or drugs, or
(b) that the disease has arisen out of and in the course of the
employment; the contracting of such disease shall be deemed to be an
injury by accident within the meaning of this section :
105
the said Part B or the said Part C, as the case may be, as an
occupational disease peculiar to the employment and that such
disease arose out of the employment, the contracting of the disease
shall be deemed to be an injury by accident within the meaning of this
section.
(b) if an agreement has been come to between the workman and his
employer providing for the payment of compensation in respect of the
injury in accordance with the provisions of this Act.
106
where death results an amount equal to fifty from the injury cent of the
monthly wages of the deceased workman multiplied by the relevant
factor; or an amount of fifty thousand rupees, whichever is more;
Explanation I : For the purposes of clause (a) and clause (b), "relevant
factor", in relation to a workman means the factor specified in the
second column of Schedule IV against the entry in the first column of
that Schedule specifying the number of years which are the same as
the completed years of the age of the workman on his last birthday
immediately preceding the date on which the compensation fell due;
(c) where permanent partial disablement results from the injury (i) in
the case of an injury specified in Part II of Schedule I, such percentage
of the compensation which would have been payable in the case of
permanent total disablement as is specified therein as being the
percentage of the loss of earning capacity caused by that injury, and
Explanation I : Where more injuries than one are caused by the same
accident, the amount of compensation payable under this head shall
be aggregated but not so in any case as to exceed the amount which
would have been payable if permanent total disablement had resulted
from the injuries;
107
monthly wages of the workman, to from the injury be paid in
accordance with the provisions of sub-section (2).
(ii) after the expiry of a waiting period of three days from the date of
disablement where such disablement lasts for a period of less than
twenty-eight days; and thereafter half-monthly during the disablement
or during a period of five years, whichever period is shorter :
Provided that - (a) there shall be deducted from any lump sum or half-
monthly payments to which the workman is entitled the amount of any
payment or allowance which the workman has received from the
employer by way of compensation during the period of disablement
prior to the receipt of such lump sum or of the first half-monthly
payment, as the case may be; and
(2) In cases where the employer does not accept the liability for
compensation to the extent claimed, he shall be bound to make
provisional payment based on the extent of liability which he accepts,
108
and, such payment shall be deposited with the Commissioner or made
to the workman, as the case may be, without prejudice to the right of
the workman to make any further claim.
(b) if, in his opinion, there is no justification for the delay, direct that
the employer shall, in addition to the amount of the arrears and
interest thereon, pay a further sum not exceeding fifty per cent of such
amount by way of penalty :
Provided that an order for the payment of penalty shall not be passed
under clause (b) without giving a reasonable opportunity to the
employer to show cause why it should not be passed.
(3A) The interest payable under sub-section (3) shall be paid to the
workman or his dependant, as the case may be, and the penalty shall
be credited to the State Government.
(3) On the ceasing of the disablement before the date on which any
half-monthly payment falls due, there shall be payable in respect of
that half-month a sum proportionate to the duration of the disablement
in that half-month.
(4) If the injury of the workman results in his death, the employer shall,
in addition to the compensation under sub-section (1), deposit with the
Commissioner a sum of one thousand rupees for payment of the same
to the eldest surviving dependant of the workman towards the
expenditure of the funeral of such workman or where the workman did
not have a dependant or was not living with his dependant at the time
of his death to the person who actually incurred such expenditure.
109
deemed to be payable for a month's service (whether the wages are
payable by the month or by whatever other period or at piece rates),
and calculated as follows, namely :- (a) where the workman has, during
a continuous period of not less than twelve months immediately
preceding the accident, been in the service of the employer who is
liable to pay compensation, the monthly wages of the workman shall
be one-twelfth of the total wages which have fallen due for payment to
him by the employer in the last twelve months of that period;
(c) in other cases [including cases in which it is not possible for want of
necessary information to calculate the monthly wages under clause
(b), the monthly wages shall be thirty times the total wages earned in
respect of the last continuous period of service immediately preceding
the accident from the employer who is liable to pay compensation,
divided by the number of days comprising such period.
110
the parties cannot agree and the payments have been continued for
not less than six months, on the application of either party to the
Commissioner be redeemed by the payment of a lump sum of such
amount as may be agreed to by the parties or determined by the
Commissioner, as the case may be.
(2) Any other sum amounting to not less than ten rupees which is
payable as compensation may be deposited with the Commissioner on
behalf of the person entitled thereto.
111
(6) Where any compensation deposited with the Commissioner is
payable to any person, the Commissioner shall, if the person to whom
the compensation is payable is not a woman or a person under a legal
disability, and may, in other cases, pay the money to the person
entitled thereto.
(7) Where any lump sum deposited with the Commissioner is payable
to a woman or a person under a legal disability, such sum may be
invested, applied or otherwise dealt with for the benefit of the woman,
or of such person during his disability, in such manner as the
Commissioner may direct; and where a half-monthly payment is
payable to any person under a legal disability, the Commissioner may,
of his own motion or on an application made to him in this behalf,
order that the payment be made during the disability to any
dependant of the workman or to any other person, whom the
Commissioner thinks best fitted to provide for the welfare of the
workman.
(9) Where the Commissioner varies any order under sub-section (8) by
reason of the fact that payment of compensation to any person has
been obtained by fraud, impersonation or other improper means, any
amount so paid to or on behalf of such person may be recovered in the
manner hereinafter provided in section 31.
112
10. NOTICE AND CLAIM. - (1) No claim for compensation shall be
entertained by a Commissioner unless notice of the accident has been
given in the manner hereinafter provided as soon as practicable after
the happening thereof and unless the claim is preferred before him
within two years of the occurrence of the accident or, in case of death,
within two years from the date of death :
Provided further that the Commissioner may entertain and decide any
claim to compensation in any case notwithstanding that the notice has
113
not been given, or the claim has not been preferred in due time as
provided in this sub-section, if he is satisfied that the failure so to give
the notice or prefer the claim, as the case may be, was due to
sufficient cause.
(2) Every such notice shall give the name and address of the person
injured and shall state in ordinary language the cause of the injury and
the date on which the accident happened, and shall be served on the
employer or upon any one of several employers, or upon any person
responsible to the employer for the management of any branch of the
trade or business in which the injured workman was employed.
(3) The State Government may require that any prescribed class of
employers shall maintain at their premises at which workmen are
employed a notice-book, in the prescribed form, which shall be readily
accessible at all reasonable times to any injured workman employed
on the premises and to any person acting bond fide on his behalf.
114
10B. REPORTS OF FATAL ACCIDENTS AND SERIOUS BODILY INJURIES.
(1) Where, by any law for the time being in force, notice is required to
be given to any authority, by or on behalf of an employer, of any
accident occurring on his premises which results in death, or serious
bodily injury, the person required to give the notice shall, within seven
days of the death or serious bodily injury, send a report to the
Commissioner giving the circumstances attending the death or serious
bodily injury:
115
during the continuance of such refusal or obstruction unless, in the
case of refusal, he was prevented by any sufficient cause from so
submitting himself.
116
pay to any workman employed in the execution of the work any
compensation which he would have been liable to pay if that workman
had been immediately employed by him; and where compensation is
claimed from the principal, this Act shall apply as if references to the
principal were substituted for references to the employer except that
the amount of compensation shall be calculated with reference to the
wages of the workman under the employer by whom he is immediately
employed.
(4) This section shall not apply in any case where the accident
occurred elsewhere than on, in or about the premises on which the
principal has undertaken or usually undertakes, as the case may be, to
execute the work or which are otherwise under his control or
management.
13. REMEDIES OF EMPLOYER AGAINST STRANGER. - Where a workman
has recovered compensation in respect of any injury caused under
circumstances creating a legal liability of some person other than the
person by whom the compensation was paid to pay damages in
respect thereof, the person by whom the compensation was paid and
any person who has been called on to pay an indemnity under section
12 shall be entitled to be indemnified by the person so liable to pay
damages as aforesaid.
117
up of companies, be transferred to and vest in the workman, and upon
any such transfer the insurers shall have the same rights and remedies
and be subject to the same liabilities as if they were the employer, so,
however, that the insurers shall not be under any greater liability to
the workman than they would have been under to the employer.
(2) If the liability of the insurers to the workman is less than the liability
of the employer to the workman, the workman may prove for the
balance in the insolvency proceedings or liquidation. (3) Where in any
case such as is referred to in sub-section (1) the contract of the
employer with the insurers is void or voidable by reason of non-
compliance on the part of the employer with any terms or conditions of
the contract (other than a stipulation for the payment of premia), the
provisions of that sub-section shall apply as if the contract were not
void or voidable, and the insurers shall be entitled to prove in the
insolvency proceedings or liquidation for the amount paid to the
workman :
Provided that the provisions of this sub-section shall not apply in any
case in which the workman fails to give notice to the insurers of the
happening of the accident and of any resulting disablement as soon as
practicable after he becomes aware of the institution of the insolvency
or liquidation proceedings.
(6) The provisions of sub-section (4) shall apply in the case of any
amount for which an insurer is entitled to prove under sub-section (3),
but otherwise those provisions shall not apply where the insolvent or
118
the company being wound up has entered into such a contract with
insurers as is referred to in sub-section (1).
(2) In the case of the death of a master or seaman, the claim for
compensation shall be made within one year after the news of the
death has been received by the claimant or, where the ship has been
or is deemed to have been lost with all hands, within eighteen months
of the date on which the ship was, or is deemed to have been, so lost.
119
(b) if the defendant or the person accused, as the case may be, had an
opportunity by himself or his agent to cross-examine the witness; and
(b) the State Government certifies that the said application was made
in the reasonable belief that the injury was one in respect of which the
scheme under which the application was made makes provision for
payments, and that the application was rejected or that payments
made in pursuance of the application were discontinued on the ground
that the injury was not such an injury, and
(c) the proceedings under this Act are commenced within one month
from the date on which the said certificate of the State Government
was furnished to the person commencing the proceedings.
120
15A. SPECIAL PROVISIONS RELATING TO CAPTAINS AND OTHER
MEMBERS OF CREW OF AIRCRAFT'S. - This Act shall apply in the case of
workmen who are captains or other members of the crew of aircraft's
subject to the following modifications, namely :- (1) The notice of the
accident and the claim for compensation may, except where the
person injured is the captain of the aircraft, be served on the captain of
the aircraft as if he were the employer, but where the accident
happened and the disablement commenced on board the aircraft it
shall not be necessary for any member of the crew to give notice of the
accident.
(2) In the case of the death of the captain or other member of the
crew, the claim for compensation shall be made within one year after
the news of the death has been received by the claimant or, where the
aircraft has been or is deemed to have been lost with all hands, within
eighteen months of the date on which the aircraft was, or is deemed to
have been, so lost :
(b) if the defendant or the person accused, as the case may be, had an
opportunity by himself or his agent to cross-examine the witness;
121
15B. SPECIAL PROVISIONS RELATING TO WORKMEN ABROAD OF
COMPANIES AND MOTOR VEHICLES. - This Act shall apply - (i) in the
case of workmen who are persons recruited by companies registered in
India and working as such abroad, and
(ii) persons sent for work abroad along with motor vehicles registered
under the Motor Vehicles Act, 1988 (59 of 1988) as drivers, helpers,
mechanics, cleaners or other workmen, subject to the following
modifications, namely :- (1) The notice of the accident and the claim
for compensation may be served on the local agent of the company, or
the local agent of the owner of the motor vehicle, in the country of
accident, as the case may be,
(b) if the defendant or the person accused, as the case may be, had an
opportunity by himself or his agent to cross-examine the witness;
122
16. RETURNS AS TO COMPENSATION. - The State Government may, by
notification in the Official Gazette, direct that every person employing
workmen, or that any specified class of such persons, shall send at
such time and in such form and to such authority, as may be specified
in the notification, a correct return specifying the number of injuries in
respect of which compensation has been paid by the employer during
the previous year and the amount of such compensation together with
such other particulars as to the compensation as the State
Government may direct.
17. CONTRACTING OUT. - Any contractor agreement whether made
before or after the commencement of this Act, whereby a workman
relinquishes any right of compensation from the employer for personal
injury arising out of or in the course of the employment, shall be null
and void in so far as it purports to remove or reduce the liability of any
person to pay compensation under this Act.
18. PROOF OF AGE. - OMITTED BY THE WORKMEN'S COMPENSATION
(AMENDMENT ACT, 1959, W.E.F. 1-6-1959.]
123
(2) No Civil Court shall have jurisdiction to settle, decide or deal with
any question which is by or under this Act required to be settled,
decided or dealt with by a Commissioner or to enforce any liability
incurred under this Act.
(2) Where more than one Commissioner has been appointed for any
area, the State Government may, by general or special order, regulate
the distribution of business between them.
(3) Any Commissioner may, for the purpose of deciding any matter
referred to him for decision under this Act, choose one or more persons
possessing special knowledge of any matter relevant to the matter
under inquiry to assist him in holding the inquiry.
(b) the workman or in case of his death, the dependant claiming the
compensation ordinarily resides; or
(c) the employer has his registered office Provided that no matter shall
be processed before or by a Commissioner, other than the
Commissioner having jurisdiction over the area in which the accident
took place, without his giving notice in the manner prescribed by the
Central Government to the Commissioner having jurisdiction over the
area and the State Government concerned :
Provided further that, where the workman, being the master of a ship
or a seaman or the captain or a member of the crew of an aircraft or a
workman in a motor vehicle or a company, meets with the accident
outside India any such matter may be done by or before a
Commissioner for the area in which the owner or agent of the ship,
aircraft or motor vehicle resides or carries on business or the
registered office of the company is situate, as the case may be.
124
(1A) If a Commissioner, other than the Commissioner with whom any
money has been deposited under section 8, proceeds with a matter
under this Act, the former may for the proper disposal of the matter
call for transfer of any records or money remaining with the latter and
on receipt of such a request, he shall comply with the same.
Provided that the Commissioner shall not, where any party to the
proceedings has appeared before him, make any order of transfer
relating to the distribution among dependants of a lump sum without
giving such party an opportunity of being heard.
(5) The State Government may transfer any matter from any
Commissioner appointed by it to any other Commissioner appointed by
it.
125
and until some question has arisen between the parties in connection
therewith which they have been unable to settle by agreement.
126
and of Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of
1974).
24. APPEARANCE OF PARTIES. - Any appearance, application or act,
required to be made or done by any person before or to a
Commissioner (other than an appearance of a party which is required
for the purpose of his examination as a witness) may be made or done
on behalf of such person by a legal practitioner or by an official of an
Insurance Company or registered trade union or by an Inspector
appointed under sub-section (1) of section 8 of the Factories Act, 1948
(63 of 1948), or under sub-section (1) of section 5 of the Mines Act,
1952, (35 of 1952), or by any other officer specified by the State
Government in this behalf, authorised in writing by such person, or,
with the permission of the Commissioner, by any other person so
authorised.
127
Provided that - (a) no such memorandum shall be recorded before
seven days after communication by the Commissioner of notice to the
parties concerned;
(b) Omitted
30. APPEALS. - (1) An appeal shall lie to the High Court from the
following orders of a Commissioner, namely :- (a) an order awarding as
compensation a lump sum whether by way of redemption of a half-
monthly payment or otherwise or disallowing a claim in full or in part
for a lump sum;
128
(c) an order providing for the distribution of compensation among the
dependants of a deceased workman, or disallowing any claim of a
person alleging himself to be such dependant;
Provided that no appeal shall lie against any order unless a substantial
question of law is involved in the appeal and, in the case of an order
other than an order such as is referred to in clause (b) unless the
amount in dispute in the appeal is not less than three hundred rupees :
Provided further that no appeal shall lie in any case in which the
parties have agreed to abide by the decision of the Commissioner, or
in which the order of the Commissioner gives effect to an agreement
come to by the parties.
(2) The period of limitation for an appeal under this section shall be
sixty days.
(3) The provision of section 5 of the Limitation Act, 1963 (36 of 1963)
shall be applicable to appeals under, this section.
30A. WITHHOLDING OF CERTAIN PAYMENTS PENDING DECISION OF
APPEAL. - Where an employer makes an appeal under clause (a) of
sub-section (1) of section 30, the Commissioner may, and if so directed
by the High Court shall, pending the decision of the appeal withhold
payment of any sum in deposit with him.
31. RECOVERY. - The Commissioner may recover as an arrear of land
revenue any amount payable by any person under this Act, whether
under an agreement for the payment of compensation or otherwise,
and the Commissioner shall be deemed to be a public officer within the
meaning of section 5 of the Revenue Recovery Act, 1890 (1 of 1890).
129
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely:- (a) for prescribing the intervals at which and the
conditions subject to which an application for review may be made
under section 6 when not accompanied by a medical certificate;
(b) for prescribing the intervals at which and the conditions subject to
which a workman may be required to submit himself for medical
examination under sub-section (1) of section 11;
(d) for regulating the transfer of matters and cases from one
Commissioner to another and the transfer of money in such cases;
(j) for prescribing and determining the amount of the fees payable in
respect of any proceedings before a Commissioner under this Act;
(l) for prescribing the classes of employers who shall maintain notice-
books under sub-section (3) of section 10, and the form of such notice-
books;
130
(n) for prescribing the cases in which the report referred to in section
10B may be sent to an authority other than the Commissioner;
(o) for prescribing abstracts of this Act and requiring the employers to
display notices containing such abstracts;
(q) for prescribing the manner in which diseases may be certified for
any of the purposes of this Act;
(r) for prescribing the manner in which, and the standards by which,
incapacity may be assessed.
(3) Every rule made under this section shall be laid, as soon as may be
after it is made, before the State Legislature.
33. POWER OF LOCAL GOVERNMENT TO MAKE RULES. - OMITTED BY
THE A.O. 1937.
131
Provided that no sum deposited under this Act in respect of fatal
accidents shall be so transferred without the consent of the employer
concerned until the Commissioner receiving the sum has passed orders
determining its distribution and apportionment under the provisions of
sub-sections (4) and (5) of section 8.
SCHEDULE I
Percentag
Seria e of loss of
Description of injury
l No. earning
capacity
Loss of both hands or amputation
1 100
at higher sites
2 Loss of a hand and foot 100
Double amputation through leg
or thigh, or amputation through
3 100
leg or thigh on one side and loss
of other foot
4 Loss of sight to such an extent as 100
132
to render the claimant unable to
perform any work for which eye
sight is essential
5 Very severe facial disfigurement 100
6 Absolute deafness
PART II
LIST OF INJURIES DEEMED TO RESULT IN
PERMANENT PARTIAL DISABLEMENT
Amputation Cases - Upper limbs - Either arm
Amputation through shoulder
1 90
joint
Amputation below shoulder with
2 stump less than 20.32 cms. from 80
tip of acromion
Amputation from 20.32 cms. from
3 tip of acromion to less than 4" 70
below tip of olecranon
Loss of a hand or of the thumb
and four fingers of one hand or
4 60
amputation from 11.43 cms.
below tip of olecranon
5 Loss of thumb 30
Loss of thumb and its metacarpal
6 40
bone
7 Loss of four fingers of one hand 50
8 Loss of three fingers of one hand 30
9 Loss of two fingers of one hand 20
Loss of terminal phalanx of
10 20
thumb
Amputation cases - Lower limbs
Guillotine amputation of tip of
10A 10
thumb without loss of bone
Amputation of both feet resulting
11 90
in end bearing stumps
Amputation through both feet
12 proximal to the metatarso- 80
phalangeal joint
Loss of all toes of both feet
13 through the metatarso- 40
phalangeal joint
133
Loss of all toes of both feet
14 proximal to the proximal inter- 30
phalangeal joint
Loss of all toes of both feet distal
15 to the proximal inter-phalangeal 20
joint
16 Amputation at hip 90
Amputation below hip with stump
not exceeding 12.70 cms. in
17 length measured from tip of 80
great trenchanter but not beyond
middle thigh
Amputation below hip with stump
exceeding 12.70 cms. in length
18 measured from tip of great 70
trenchanter but not beyond
middle thigh
Amputation below middle thigh to
19 60
8.89 cms. below knee
Amputation below knee with
20 stump exceeding 8.89 cms. but 50
not exceeding 12.70 cms.
Amputation below knee with
21 50
stump exceeding 12.70 cms.
Amputation of one foot resulting
22 50
in end bearing
Amputation through on foot
23 proximal to the metatarso- 50
phalangeal joint
Loss of all toes of one foot
24 through the metatarso- 20
phalangeal joint
Other injuries
Loss of one eye, without
25 complications, the other being 40
normal
Loss of vision of one eye, without
26 complications or disfigurement of 30
eyeball, the other being normal
26A Loss of partial vision of one eye 10
Loss of -
134
A - Fingers of right or left hand
Index finger
27 Whole 14
28 Two phalanges 11
29 One phalanx 9
Guillotine amputation of time
30 5
without loss of bone
Middle finger
31 Whole 12
32 Two phalanges 9
33 One Phalanx 7
Guillotine amputation of tip
34 4
without loss of bone
Ring or little finger
35 Whole 7
36 Two phalanges 6
37 One Phalanx 5
Guillotine amputation of tip
38 2
without loss of bone
B - Toes of right or left foot
Great toe
Through metatarso-phalangeal
39 14
joint
40 Part, with some loss of bone 3
Any other toe
Through metatarso-phalangeal
41 3
joint
42 Part with some loss of bone 1
Two toes of one foot, excluding great toe
Through metatarso-phalangeal
43 5
joint
44 Part, with some loss of bone 2
Three toes of one foot, excluding great toe
Through metatarso-phalangeal
45 6
joint
46 Part, with some loss of bone 3
Four toes of one foot, excluding great toe
135
Through metatarso-phalangeal
47 9
joint
48 Part-with some loss of bone 3
136
published as required by sub-section (5) of s. 26 of the first named Act,
namely:-
Short title
(1) This Act may be called the Payment of Wages Act 1936.
(3) It shall come into force on such date as the Central Government
may by notification in the Official Gazette appoint.
(5) The State Government may after giving three months' notice of its
intention of so doing by notification in the Official Gazette extend the
provisions of this Act or any of them to the payment of wages to any
class of persons employed in any establishment of class of
establishments specified by the Central Government or a State
Government under sub-clause (h) of clause (ii) of section 2 :
137
Provided that in relation to any such establishment owned by the
Central Government no such notification shall be issued except with
the concurrence of that government.
2. Definitions
(e) plantation;
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relating to operations connected with navigation irrigation or to the
supply of water or relating to the generation transmission and
distribution of electricity or any other form of power is being carried
on;
(e) any sum to which the person employed is entitled under any
scheme framed under any law for the time being in force, but does not
include -
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(1) any bonus (whether under a scheme of profit sharing or otherwise)
which does not form part of the remuneration payable under the terms
of employment or which is not payable under any award or settlement
between the parties or order of a court;
(5) any sum paid to the employed person to defray special expenses
entailed on him by the nature of his employment; or
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4. Fixation of wage-periods -
(1) Every person responsible for the payment of wages under section 3
shall fix periods (in this Act referred to as wage-periods) in respect of
which such wages shall be payable.
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Provided that in the case of persons employed as daily-rated workers
as aforesaid no such order shall be except in consultation with the
Central Government.
(iii) suspension;
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only in accordance with the provisions of this Act and may be of the
following kinds only namely :
(a) fines;
Explanation : The word "services" in this clause does not include the
supply of tools and raw materials required for the purposes of
employment;
(ff) deductions for recovery of loans made from any fund constituted
for the welfare of labor in accordance with the rules approved by the
State Government and the interest due in respect thereof;
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any provident fund to which the Provident Funds Act 1952 (19 of 1952)
applies or any recognized provident funds as defined in section 58A of
the Indian Income Tax Act 1922 (11 of 1922) or any provident fund
approved in this behalf by the State Government during the
continuance of such approval;
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(o) deductions for recovery of losses sustained by a railway
administration on account of any rebates or refunds incorrectly
granted by the employed person where such loss is directly
attributable to his neglect or default;
(i) in cases where such deductions are wholly or partly made for
payments to co-operative societies under clause (j) of sub-section (2)
seventy-five per cent of such wages and
8.Fines-
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(3) No fine shall be imposed on any employed person until he has been
given an opportunity of showing cause against the fine or otherwise
than in accordance with such procedure as may be prescribed for the
imposition of fines.
(4) The total amount of fine which may be imposed in any one wage-
period on any employed person shall not exceed an amount equal to
three per cent of the wages payable to him in respect of that wage-
period.
(5) No fine shall be imposed on any employed person who is under the
age of fifteen years.
(7) Every fine shall be deemed to have been imposed on the day of the
act or omission in respect of which it was imposed.
(8) All fines and all realisations thereof shall be recorded in a register
to be kept by the person responsible for the payment of wages under
section 3 in such form as may be prescribed; and all such realisations
shall be applied only to such purposes beneficial to the persons
employed in the factory or establishment as are approved by the
prescribed authority.
(2) The amount of such deduction shall in no case bear to the wages
payable to the employed person in respect of the wage-period for
which the deduction is made in a larger proportion than the period for
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which he was absent bears to the total period within such wage-period
during which by the terms of his employments he was required to work
:
Provided that subject to any rules made in this behalf by the State
Government if ten or more employed persons acting in concert absent
themselves without due notice (that is to say without giving the notice
which is required under the terms of their contracts of employment)
and without reasonable cause such deduction from any such person
may include such amount not exceeding his wages for eight days as
may by any such terms be due to the employer in lieu of due notice.
(1A) A deduction shall not be made under clause (c) or clause (m) or
clause (n) or clause (o) of sub-section (2) of section 7 until the
employed person has been given an opportunity of showing cause
against the deduction or otherwise than in accordance with such
procedure as may be prescribed for the making of such deductions.
(2) All such deductions and all realizations thereof shall be recorded in
a register to be kept by the person responsible for the payment of
wages under section 3 in such form as may be prescribed.
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12. Deductions for recovery of advances -
Deductions under clause (j) and clause (k) of sub-section (2) of section
7 shall be subject to such conditions as the State Government may
impose.
13A. Maintenance of registers and records
(1) Every employer shall maintain such registers and records giving
such particulars of persons employed by him the work performed by
them the wages paid to them the deductions made from their wages
the receipts given by them and such other particulars and in such form
as may be prescribed.
14. Inspectors -
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(1) An Inspector of Factories appointed under sub-section (1) of section
8 of the Factories Act 1948 (63 of 1948) shall be an Inspector for the
purposes of this Act in respect of all factories within the local limits
assigned to him.
(2) The State Government may appoint Inspectors for the purposes of
this Act in respect of all persons employed upon a railway (otherwise
than in a factory) to whom this Act applies.
(b) with such assistance if any as he thinks fit enter inspect and search
any premises of any railway factory or industrial or other establishment
at any reasonable time for the purpose of carrying out the objects of
this Act;
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shall so far as may be apply to any search or seizure under this sub-
section as they apply to any search or seizure made under the
authority of a warrant issued under section 94 of the said Code.
(2) Where contrary to the provisions of this Act any deduction has been
made from the wages of an employed person or any payment of wages
has been delayed such person himself or any legal practitioner or any
official of a registered trade union authorised in writing to act on his
behalf or any Inspector under this Act or any other person acting with
the permission of the authority appointed under sub-section (1) may
apply to such authority for a direction under sub-section (3) :
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Provided Further that any application may be admitted after the said
period of twelve months when the applicant satisfies the authority that
he had sufficient cause for not making the application within such
period.
(a) a bona fide error or bona fide dispute as to the amount payable to
the employed person or
(c) the failure of the employed person to apply for or accept payment.
(a) that the application was either malicious or vexatious the authority
may direct that a penalty not exceeding fifty rupees be paid to the
employer or other person responsible for the payment of wages by the
person presenting the application; or
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employer or other person responsible for the payment of wages.
(4A) Where there is any dispute as to the person or persons being the
legal representative or representatives of the employer or of the
employed person the decision of the authority on such dispute shall be
final.
(1) Employed persons are said to belong to the same unpaid group if
they are borne on the same establishment and if deductions have been
made from their wages in contravention of this Act for the same cause
and during the same wage-period or periods or if their wages for the
same wage-period or periods have remained unpaid after the day fixed
by section 5.
(3) The authority may deal with any number of separate pending
applications presented under section 15 in respect of persons
belonging to the same unpaid group as a single application presented
under sub-section (2) of this section and the provisions of that sub-
section shall apply accordingly.
17. Appeal -
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direction made under sub-section (3) or sub-section (4) of that section
may be preferred within thirty days of the date on which the order or
direction was made in a Presidency-town before the Court of Small
Causes and elsewhere before the District Court -
(1A) No appeal under clause (a) of sub-section (1) shall lie unless the
memorandum of appeal is accompanied by a certificate by the
authority to the effect that the appellant has deposited the amount
payable under the direction appealed against.
(4) The court referred to in sub-section (1) may if it thinks fit submit
any question of law for the decision of the High Court and if it so does
shall decide the question in conformity with such decision.
(1) Where at any time after an application has been made under sub-
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section (2) of section 15 the authority or where at any time after an
appeal has been filed under section 17 by an employed person or any
legal practitioner or any official of a registered trade union authorised
in writing to act on his behalf or any Inspector under this Act or any
other person permitted by the authority to make an application under
sub-section (2) of section 15 the Court referred to in that section is
satisfied that the employer or other person responsible for the
payment of wages under section 3 is likely to evade payment of any
amount that may be directed to be paid under section 15 or section 17
the authority or the court as the case may be except in cases where
the authority or court is of opinion that the ends of justice would be
defeated by the delay after giving the employer or other person an
opportunity of being heard may direct the attachment of so much of
the property of the employer or other person responsible for the
payment of wages as is in the opinion of the authority or court
sufficient to satisfy the amount which may be payable under the
direction.
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(3) Whoever being required under this Act to maintain any records or
registers or to furnish any information or return -
shall for each such offence be punishable with fine which shall not be
less than two hundred rupees but which may extend to one thousand
rupees.
(4) Whoever -
shall be punishable with fine which shall not be less than two hundred
rupees but which may extend to one thousand rupees.
(5) If any person who has been convicted of any office punishable
under this Act is again guilty of an offence involving contravention of
the same provision he shall be punishable on a subsequent conviction
with imprisonment for a term which shall not be less than one month
but which may extend to six months and with fine which shall not be
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less than five hundred rupees but which may extend to three thousand
rupees.
(6) If any person fails or willfully neglects to pay the wages of any
employed person by the date fixed by the authority in this behalf he
shall without prejudice to any other action that may be taken against
him be punishable with an additional fine which may extend to one
hundred rupees for each day for which such failure or neglect
continues.
(a) a bona fide error or bona fide dispute as to the amount payable to
the employed person or
(c) the failure of the employed person to apply for or accept payment.
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(3A) No Court shall take cognizance of any offence punishable under
sub-section (3) or sub-section (4) of section 20 except on a complaint
made by or with the sanction of an Inspector under this Act.
(4) In imposing any fine for an affiance under sub-section (1) of section
20 the court shall take into consideration the amount of any
compensation already awarded against the accused in any
proceedings taken under section 15.
No Court shall entertain any suit for the recovery of wages or of any
deduction from wages in so far as the sum so claimed -
The powers by this Act conferred upon the State Government shall, in
relation to railways air transport services mines and oilfields be powers
of the Central Government.
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25. Display by notice of abstracts of the Act -
(1) Subject to the other provisions of the Act all amounts payable to an
employed person as wages shall if such amounts could not or cannot
be paid on account of his death before payment or on account of his
whereabouts not being known -
(a) be paid to the person nominated by him in this behalf in
accordance with the rules made under this Act; or
(b) where no such nomination has been made or where for any reasons
such amounts cannot be paid to the person so nominated be deposited
with the prescribed authority who shall deal with the amounts so
deposited in such manner as may be prescribed.
(a) are paid by the employer to the person nominated by the employer
person; or
(b) are deposited by the employer with the prescribed authority, the
employer shall be discharged of his liability to pay those wages.
(1) The State Government may make rules to regulate the procedure
to be followed by the authorities and courts referred to in sections 15
and 17.
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foregoing power rules made under sub-section (2) may -
(c) Provide for the regulate inspection of the weights measures and
weighing machines used by employers in checking or ascertaining the
wages of persons employed by them;
(d) prescribe the manner of giving notice of the days on which wages
will be paid;
(f) prescribe the procedure for the imposition of fines under section 8
and for making of the deductions referred to in section 10;
(i) prescribe the extent to which advances may be made and the
installments by which they may be recovered with reference to clause
(b) of section 12;
(ia) prescribe the extent to which loans may be granted and the rate of
interest payable thereon with reference to section 12A;
(ib) prescribe the powers of Inspectors for the purposes of this Act;
(j) regulate the scales of costs which may allowed in proceedings under
this Act;
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section 25;
(la) prescribe the form and manner in which nominations may be made
for the purposes of sub-section (1) of section 25A the cancellation or
variation of any such nomination or the making of any fresh
nomination in the event of the nominee predeceasing the person
making nomination and other matters connected with such
nominations;
(4) In making any rule under this section the State Government may
provide that a contravention of the rule shall be punishable with fine
which may extend to two hundred rupees.
(5) All rules made under this section shall be subject to the condition of
previous publication and the date to be specified under clause (3) of
section 23 of the General Clauses Act 1897 (10 of 1897) shall not be
less than three months from the date on which the draft of the
proposed rules was published.
(6) Every rule made by the Central Government under this section shall
be laid as soon as may be after it is made before each House of
Parliament while it is in session for a total period of thirty days which
may be comprised in one session or in two or more successive sessions
and if before the expiry of the session immediately following the
session or the successive sessions aforesaid both Houses agree in
making any modification in the rule or both Houses agree that the rule
should not be made the rule shall thereafter have effect only in such
modified form or be of no effect as the case may be; so however that
any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
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