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Bangladesh -- Factories Act, 1965

Section 13. Disposal of wastes and effluents. -

(1) Effective arrangements shall be made in every factory for the


disposal of wastes and effluents due to the manufacturing process
carried on therein.

(2) The Government may make rules prescribing the arrangements to


be made in accordance with sub-section (1) or requiring that the
arrangement made in accordance with sub-section (1) shall be
approved by such authority as may be prescribed.

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.

The Act incorporates rules for appointing the chief inspector,


inspectors and certifying surgeons by the government for overseeing
the purposes of the Act and certifying the fitness of workers. According
to the Act, every factory is to be maintained clean and free from
effluvia arising from any drain, privy or other nuisance. Effective
arrangements are to be made in every factory for the disposal of
wastes and effluents, prevention of accumulation of dust and fume,
and proper ventilation and maintenance of room temperature.

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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.

Under different circumstances and conditions laid down in various


sections of the Act, workers are entitled to have certain days as annual
leave with wages, festival holidays, and casual and sick leave.
However, the workers may be allowed some leave without pay. The
government is empowered to make rules regarding leave and holidays
for factory workers. The Act has provisions regarding dangerous
operations in any factory, notices of certain accidents, dangerous
occurrences and certain diseases. Penalties for employers indicated in
the Act include general penalty for offences, such as obstructing
inspectors, wrongful disclosure of information or disclosure of
restricted information, and employment of child workers.

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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.

The Employment of Labor (Standing Orders) Act, 1965

An Act to repeal and with certain amendments, re-enact the Industrial


and Commercial Employment (Standing Orders) Ordinance, 1960.

WHEREAS it is expedient to repeal and, with certain amendments, re-


enact the Industrial and Commercial Employment (Standing Orders)
Ordinance, 1960 (Ordinance No. III of 1960) for regulating conditions of
service of workers employed in Shops and Commercial and Industrial
Establishments and for matters connected therein;

It is hereby enacted as follows:

1 . Short title, extent, commencement and application. -

(1) This Act may be called the Employment of Labour (Standing


Orders) Act, 1965.

(2) It extends to the whole of Bangladesh.

(3) It shall come into force at once.

(4) It shall apply to -

• (a) every shop or commercial establishment to which the Shops


and Establishments Act, 1965 applies;
• (b) every industrial establishment in the areas in which the
Shops and Establishments Act, 1965 applies;
• (c) every industrial establishment in all other areas of
Bangladesh, in which five or more workers are employed or were
employed on any day of the preceding twelve months:

Provided that the provisions of this Act shall not apply to any shop or
commercial or industrial establishment, owned and directly managed

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by the Government and the persons employed therein are governed by
the Government Servants Conduct Rules.

2. Definition -

In this Act, unless there is anything repugnant in the subject or context


-

• (a) 'apprentice' means a learner who is paid an allowance during


the period of his training.
• (b) 'badli' means a worker who is appointed in the post of a
permanent worker or of a probationer who is temporarily absent;
• (c) 'casual worker' means a worker whose employment is of a
casual nature;
• (d) 'commercial establishment' means an establishment in which
the business of advertising, commission or forwarding is
conducted, or which is a commercial agency, and includes a
clerical department of a factory or of any industrial or
commercial undertaking, the office establishment of a person
who for the purpose of fulfilling a contract with the owner of any
commercial establishment or industrial establishment employs
workers, a unit of a joint-stock company, an insurance company,
a banking company or a bank, a broker's office or stock
exchange, a club, a hotel or a restaurant or an eating house,
cinema or theatre, or such other establishment or class thereof
as the Government may, by notification in the official Gazette,
declare to be a commercial establishment for the purpose of this
Act;
• (e) 'Director of Labour' means an officer so appointed by the
Government;
• (f) 'Discharge' means the termination of services of a worker by
the employer for reasons of physical or mental incapacity or
continued ill health of the worker or such other similar reasons
not amounting to misconduct;
• (g) 'dismissal' means the termination of services of a worker by
the employer for misconduct;
• (h) 'employer' means a person, a body of persons or body
corporate, company or institutions owning or managing a shop,
commercial establishment or industrial establishment, or their
heirs, successors or assigns, as the case may be, and includes;
o i) in a factory, any person working as manager of the
factory,
o ii) in any shop, commercial establishment or industrial
establishment, carried on by or behalf on a local authority,
the officer appointed, the chief executive officer of that
authority, and

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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;

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• (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 -

(1) In every shop or commercial or industrial establishment,


employment of workers and other matters incidental thereto shall be
regulated in accordance with the provisions of this Act:

Provided that any shop or commercial or industrial establishment may


have its own rules regulating employment of workers or any class
thereof, but no such rules shall be less favourable to any worker than
the provisions of this Act.

(2) The service rules regulating employment of workers or any class


thereof in any shop or commercial or industrial establishment as
mentioned in the proviso to sub-section (1) shall be submitted by the
employer or such shop or commercial or industrial establishment to the
Inspector appointed under section 30 for approval and such service
rules shall not be put into effect until such approval of the Inspector
has been obtained.

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(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.

4. Classification of workers and period of probation. -

(1) A worker employed in any shop or commercial or industrial


establishment shall be classified in any of the following classes
according to the nature and conditions of work and in the manner
provided in this Act -

• (a) apprentices.
• (b) badlis.
• (c) casual.
• (d) permanent.
• (e) probationer, and
• (f) temporary.

(2) The period of probation for a worker whose function is of clerical


nature, shall be six months and for other workers such period shall be
three months, including breaks due to leave, illegal lock-out or strike
(not being an illegal strike) in the shop or commercial or industrial
establishment:

Provided that in the case of a skilled worker, the period of probation


may be extended by an additional period of three months if, for any
circumstances, it has not been possible to determine the quality of his
work within three months' period of his probation.

(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.

(4) If a permanent worker is employed as a probationer in a new post,


he may, at any time during the probationary period, be reverted to his
old permanent post.

5. Leave and holidays. -

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(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:

Provided further that if such a worker fails to explain to the satisfaction


of the employer the reason of his failure to return at the expiry of the
leave, the employer may, on consideration of extenuating
circumstances, if any, suspend him, as a measure of punishment, for a
period not exceeding seven days from the date of his return and the
worker shall not be entitled to wages for such periods of unauthorized
absence and of suspension; but he shall not lose the lien to his
appointment.

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(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.

(2) In the event of such stoppage occurring at any time beyond


working hours, the employer shall notify the workers affected, 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 before the work is due to begin next, indicating as to when the
work will be resumed and whether such workers are to remain at their
place of work at any time before the actual resumption.

(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.

(4) In the case of detention of workers following such stoppage -

• (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

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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.

(6) The employer may, in the event of a strike by any section or


department of a shop or commercial or industrial establishment, close
down either wholly or partly such section or department or any other
section or department affected by such closing down and the workers
affected may not be paid any wages for such closure:

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.

7. Calculation of 'one year' or 'six months' of continuous


service. -

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.

Explanations.- In computing the number of days on which a worker,


actually worked in a shop or commercial or industrial establishment
the days on which -

• (a) he has been laid-off under an agreement or as permitted


under this Act or under any other law applicable to the shop or
the commercial or industrial establishment the total number of
days' during which he has been so laid off;
• (b) he has been on leave with or without wages due to sickness
or accident;

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• (c) in the case of a female, she has been on maternity leave not
exceeding twelve weeks shall be counted.

8. Restrictions of applications of section 6, 9, 10 and 11-

Notwithstanding anything contained elsewhere in this Act -

• (a) the provisions of sections 6, 9, 10 and 11 shall not apply to


any shop, commercial or industrial establishment in which five or
more workers are not employed, or were not employed on any
day of the proceeding twelve months.
• (b) the provisions of section 9 to 11, both inclusive shall not
apply to a shop, commercial or industrial establishment which is
of seasonal character or in which work is performed only
intermittently, irrespective of the number of workers employed
therein;

Provided that if a question arises whether a shop or commercial or


industrial establishment is of seasonal character or whether work is
performed therein intermittently, the decision of the Government shall
be final:

Provided further that it will not be necessary for an employer to follow


the provisions of sections 9 to 11, in respect of any lay-off due to
stoppage of work extending beyond three days as provided in sub-
section (5) of section 6, in a shop, commercial or industrial
establishment to which clause ((b) of this section applies.

9. Right of laid-off workers for compensation. -

(1) Whenever a worker (other than a badli or casual worker), whose


name is borne on the muster-rolls of a shop or commercial or industrial
establishment and who has completed not less than one year of
continuous service under the employer is laid-off, he shall be paid by
the employer, for all days during which he is so laid off, except for such
weekly holidays as may intervene, compensation which shall be equal
to half of the total of the basic wages and dearness allowance, and the
full amount of housing allowance, if any, that would have been payable
to him had he not been so laid-off:

Provided that a badli worker whose name is borne on the muster-rolls


of the shop or commercial or industrial establishment shall cease to be
regarded as such for the purpose of this section, if he has completed
one year of continuous service in the shop or the commercial or
industrial establishment:

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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.

(2) Notwithstanding anything contained in the proviso to sub-section


(1) if during a calendar year a worker is laid-off for more than forty-five
days whether continuously or intermittently, and the lay-off after the
expiry of the first forty-five days comprises period or periods of fifteen
days or more, the worker shall, unless there is an agreement to the
contrary between him and the employer, be paid for all the days
comprised in every subsequent period of lay-off for fifteen days or
more, compensation which shall be equal to one forth of the total of
the basic wages and dearness allowance, and the full amount of
housing allowance if any that would have been payable to him had he
not been so laid off.

(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.

10. Muster-roll for laid off workers. -

Notwithstanding that the workers or any section thereof employed in a


shop or commercial or industrial establishment have been laid off, it
shall be the duty of every employer to maintain a muster-roll, and to
provide for the making of entries therein by or for the laid-off workers
who may present themselves for work at the shop or the commercial
or industrial establishment at the appointed time during normal
working hours.

11. Workers not entitled to compensation in certain cases. -

Notwithstanding anything contained elsewhere in this Act, no


compensation shall be payable to a worker who has been laid off; -

• (a) if he refuses to accept, on the same wages, any alternative


employment not requiring any special skill or previous
experience, in the same shop or the commercial or industrial
establishment from which he has been laid off, or in any other
shop or commercial or industrial establishment belonging to the
same employer and situated in the same town or villa or situated
within a radius of five miles from the shop or the commercial or
industrial establishment;

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• (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.

12. Conditions of retrenchment -

No worker employed in any shop or commercial or industrial


establishment who has been in continuous service for not less than
one year under an employer shall be retrenched by the employer
unless -

• (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:

Provided that in case of retrenchment of a worker under subsection (3)


of section 9, no notice as mentioned in clause ((a) will be necessary,
but the worker shall be paid fifteen days' wages in addition to the
compensation or gratuity, as the case may be, which may be payable
to him under clause (c).

Explanation. For the purpose of calculation of compensation under this


section, wage shall mean the average of the basic wages plus

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dearness allowance, if any, paid to the worker during the period of
twelve months immediately preceding the date of retrenchment.

13. Procedure for retrenchment. -

Where any worker is to be retrenched and he belongs to a particular


category of workers, the employer shall, in the absence of any
agreement between him and the worker in this behalf, ordinarily
retrench the worker who was the last person to be employed in that
category, unless, for reasons to be recorded in writing, the employer
retrenches any other worker.

14. Re-employment of retrenched workers. -

Where any number of workers are retrenched, and the employer


proposes to take into his employ any person within a period of one
year from the date of such retrenchment, he shall give an opportunity
to the retrenched workers belonging to the particular category
concerned by sending a notice to their last known addresses, to offer
themselves for employment and the retrenched workers who so offer
themselves for re-employment shall have preference over other
persons, each having priority according to the length of his service
under the employer.

15. Fine.-

A worker may be fined in accordance with the provisions of the


Payment of Wages Act, 1936.

16. Discharge from service. -

A worker may be discharged from service for reasons of physical or


mental incapacity or continued ill-health or such other reasons not
amounting to misconduct:

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.

Explanation. For the purpose of calculation of wages under this section,


wages shall mean the average of the basic wages and dearness
allowance, if any, paid to the worker during the period of twelve
months immediately preceding the date of discharge.

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17. Dismissal from service. -

Notwithstanding anything regarding lay-off, retrenchment, discharge


and termination of service as provided elsewhere in this Act, a worker
may-

• (a) be dismissed without prior notice or pay in lieu thereof or any


compensation if he is convicted for an offence; or
• (b) be dismissed without prior notice or pay in lieu thereof if he is
found guilty of misconduct under section 18:

Provided that the worker who is so dismissed shall, if his continuous


service is not less than one year, be paid by the employer
compensation at the rate of fourteen 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.

Explanation. For the purpose of calculation of compensation under this


sub-section, 'wages' shall mean the average of basic wages and
dearness allowance, if any, paid to the worker during the period of
twelve months immediately preceding the date of his dismissal.

(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.

(3) The following acts and omissions shall be treated as misconduct -

• (a) wilful insubordination or disobedience, whether alone or in


combination with others, to any lawful or reasonable order of a
superior;
• (b) theft, fraud or dishonesty in connection with the employer's
business or property;
• (c) taking or giving bribes or any illegal gratification in
connection with his or any other worker's employment under the
employer;
• (d) habitual absence without leave or absence without leave for
more than ten days;
• (e) habitual late attendance;
• (f) habitual breach of any law or rule or regulation applicable to
the shop or commercial or industrial establishment;

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.

18. Procedure of punishment.-

(1) No order for discharge or dismissal of a worker shall be made


unless -

• (a) the allegations against him are recorded in writing;


• (b) he is given a copy thereof and not less than three days' time
to explain;
• (c) he is given a personal hearing if such a prayer is made; and
• (d) The employer or the manager approves of such order.

(2) A worker charged for misconduct may be suspended pending


enquiry into the charges against him and unless the matter is pending
before any court, the period of such suspension shall not exceed sixty
days:

Provided that during the period of such suspension, a worker shall be


paid by his employer a subsistence allowance equivalent to half of his
average including dearness allowance, if any.

(3) An order of suspension shall be in writing and may take effect


immediately on delivery to the worker.

(4)

• (a) If, on enquiry, a worker is found guilty of any of the charges


alleged and is punished under sub-section (1) of section 17, he
shall not be entitled to his wages for any period of suspension for
enquiry but shall be entitled to the subsistence allowance under
the proviso to sub-section (2).
• (b) If the worker is found not guilty, he shall be deemed to have
been on duty for the period of suspension for enquiry, if any, and
shall be entitled to his wages for such period of suspension and
the subsistence allowance shall be adjusted accordingly.
• (c) In cases of punishment, a copy of the order inflicting such
punishment shall be supplied to the worker concerned.

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.

(7) Notwithstanding anything contained in the foregoing sub-sections


or elsewhere in this Act, an employer, in cases of 'go-slow' or illegal
strike, may discharge or dismiss one or more workers or inflict such
other punishment on him or them, individually or collectively, by notice
posted on the notice board, after obtaining permission from the Labor
Court.

19. Termination of employment. -

(1) For terminating the employment of a permanent worker by the


employer, otherwise than in the manner provided elsewhere in this
Act, One hundred twenty-days' notice in the case of monthly rated
workers and sixty days notice in the case of other workers, in writing,
shall be given by the employer:

Provided that wages for 120 days or sixty days, as the case may be,
may be paid in lieu of such notice:

Provided further that the worker whose employment is so terminated,


shall be paid by the employer compensation at the rate thirty days'
wages for every completed year of service or for any part thereof in
excess of six months, in addition to any other benefit to which he may
be entitled under this Act or any other law for the time being in force.

Explanation - For the purpose of calculation of wages under this sub-


section, wages shall mean the average of the basic wages and
dearness allowance, if any, paid to the worker during the period of
twelve months immediately preceding the date of termination.

(2) If a permanent worker desires to terminate his employment, one


month's notice in the case of monthly rated workers, and fourteen
days' notice in the case of other workers in writing, shall be given by
him to his employer:

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.

(3) For terminating the employment of a temporary worker by the


employer, otherwise than in the manner provided elsewhere in this
Act, and if it is not due to the completion, cessation, abolition or
discontinuance of the temporary work which he was appointed to
perform, one month's notice in the case of monthly rated workers and
fourteen days' notice in other cases, in writing shall be given by the
employer:

Provided that wages for one month or fourteen days as the case may
be, may be paid in lieu of such notice.

20. Provident Fund. -

No worker, who is a member of any Provident Fund, shall be deprived


due, to retrenchment, dismissal, discharge or termination of service, of
the benefit of the Provident Fund including the employer's contribution
thereto, if he is entitled to it under the rules of that Fund.

21. Certificate of service. -

Every worker (other than a casual or badli worker) shall be entitled to a


certificate of service at the time of his retrenchment, discharge,
dismissal, retirement or termination of service.

22. Protection of existing conditions of employment. -

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.

23. Power to exempt. -

The Government may, by notification in the official Gazette, exempt,


on such conditions as may be imposed, any shop or commercial or
industrial establishment or any class thereof from the operation of all
or any of the provisions of this Act.

24. Eviction from residential accommodation. -

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.

(2) On default of a worker in vacating the residential accommodation


under sub-section (1), the employer may lodge a complaint to a
Magistrate of the first class, having jurisdiction.

(3) The Magistrate, on hearing the parties, may notwithstanding


anything contained in any other law for the time being in force,
summarily decide the case and may pass an order of eviction giving
the worker reasonable time to quit.

(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.

25. Grievance procedure. - (1) Any individual worker (including a


person who has been dismissed, discharged, retrenched, laid-off or
otherwise removed from employment) who has a grievance in respect
of any matter covered under this Act and intends to seek redress there
of under this section, shall observe the following procedure;-

• (a) the worker concerned shall submit his grievance to his


employer, in writing, by registered post within fifteen days of the
occurrence of the cause of such grievance and the employer
shall within fifteen days of receipt of such grievance, enquire into
the matter, give the worker concerned an opportunity of being
heard and communicate his decision, in writing, to the said
worker;
• (b) if the employer fails to give a decision under clause (a) or if
the worker is dissatisfied with such decision, he may make a

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.

26. Penalty for non-compliance of court's order under section


25. -

(1) Whoever refuses or fails to comply with an order passed by the


court under section 25, may be punished with simple imprisonment for
a term not exceeding three months or with fine not exceeding Tk.
1000/-or with both.

(2) No court shall take cognizance of an offence under sub-section (1)


except on complaint made by the aggrieved person.

27. Penalties and procedure. -

(1) An employer who contravenes any provision of this Act, as


applicable to his shop or commercial or industrial establishment, shall,
for the first offence, be punishable with fine not exceeding Tk. 500/-
and in the case of a continuing offence, with a further fine which may
extend to Tk. 50/- for every day after the first during which the offence
continues and for each of the subsequent offences with a fine which
may extend to Tk. 500/- or with simple imprisonment not exceeding
one month or with both and in the case of a continuing offence arising
out of such subsequent offence with further fine which may extend to

20
Tk. 50/- for every day after the first during which such offence
continues.

(2) Whoever contravenes any of the provisions of this Act shall, if no


other penalty is elsewhere provided by or under this Act for such
contravention, be punishable, for the first offence, with a fine which
may extend to Tk. 200/- and for each subsequent offence with a fine
which may extend to Tk. 200/- or with simple imprisonment not
exceeding one month or with both.

(3) No prosecution for an offence punishable under this section shall be


instituted except by or under the authority of, or with the previous
permission, in writing, of the Chief Inspector or his authorized officers.

(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.

28. Display of notice of abstracts of the Act. -

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.

29. Liability of employer. - The employer of every shop or


commercial or industrial establishment shall personally be held
responsible for proper and faithful observance of the provisions of this
Act.

30. Chief Inspector and Inspectors. -

(1) The Chief Inspector of Factories and Establishments shall be the


Chief Inspector, who shall, in addition to the powers conferred on the
Chief Inspector under this Act, have the powers of an Inspector
throughout Bangladesh and shall also have powers of supervision and
control over the Inspectors:

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.

(4) The Chief Inspector and every Inspector shall be deemed to be a


public servant within the meaning of section 21 of the Penal, Code,
1860.

31. Powers to make rules. - (1) The Government may, subject to


the conditions of previous publication in the official Gazette, make
rules for carrying into effect the purposes of this Act.

(2) Without prejudice to the generality of the foregoing powers, such


rule may provide for all or any matter which is to be or may be
prescribed under this Act.

(3) Rules made under this section may provide that a contravention
thereof shall be punishable with fine not exceeding Tk. 100/-.

32. (Repealed) Rep. - by Repealing and Amending Ordinance, 1966


(Ordinance XIII of 1966).

Industrial Relations Ordinance, 1969.

An Ordinance to amend and consolidate the law relating to the


formation of trade unions, the regulation of relations between
employers and workmen and the avoidance and settlement of any the
avoidance and settlement of any difference or disputes arising
between them

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;

And, whereas, the national interest of Pakistan in relation to the


achievement of uniformity requires Federal legislation in the matter;

Now, therefore, in pursuance of the proclamation of the 25th day of


March, 1969 read with the provisional Constitution Order, 1969 and in
exercise of all powers enabling him in that behalf the President is
pleased to make and promulgate the following Ordinance:-

1. Short title, extent, application and commencement.-

(1) This Ordinance may be called the Industrial Relations Ordinance,


1969.

(2) It extends to the whole of Bangladesh.

(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.

(4) It shall come into force at once.

2. Definitions.- In this Ordinance, unless there is anything repugnant in


the subject or context-

• (i) "Arbitrator" means a person appointed as such under this


Ordinance;
• (ii) "Award" means the determination by a Labour Court,
Arbitrator or Appellate Tribunal of any industrial dispute or any
matter relating thereto and includes an interim award;
• (iii & iv) Not in existence.
• (v) "Collective Bargaining Agent" in relation to an establishment
or industry, means the trade union of workmen which, under
section 22, is the agent of the workmen in the establishment or,

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.

Exception.- Notwithstanding anything contained in sub-clause (a), a


person employed as a member of the watch and ward or security staff
or confidential assistant or cypher assistant of any establishment shall
be entitled to all financial benefits admissible to a worker or Workman
of similar grade or category.

3. Trade unions and freedom of association.- Subject to the provisions


contained in this Ordinance-

(a) workers, without distinction whatsoever, shall have the right to


establish and, subject only to the Rules of the organisation concerned,
to join associations of their own choosing without previous
authorisation;

(b) employers, without distinction whatsoever, shall have the right to


establish and subject only to the Rules of the organisation concerned,
to join associations of their own choosing without previous
authorisation;

(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;

(d) workers' and employers' organisations shall have the right to


establish and join federations and confederations and any such
organisation, federation or confederation shall have the right to
affiliate with international organisations and confederations of workers'
and employers' organisations.

4. Workers and employers and their respective organisations, in


exercising the rights provided for in section 3, like other persons or
organised collectivities, shall respect the law of the land.

5. Application for registration.- Any trade union may, under the


signature of its chairman and the secretary, apply for registration of
the trade union under this Ordinance.

6. Requirements for application.- Every application for registration of


trade union shall be made to the Registrar and shall be accompanied
by-

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.

7. Requirements of registration.- (1) A trade union shall not be entitled


to registration under this Ordinance unless the constitution thereof
provides for the following matters, namely:-

• (a) the name and address of the trade union;


• (b) the objects for which the trade union has been formed;
• (c) the manner in which a worker may become a member of the
trade union specifying therein that no worker shall be enrolled as
its member unless he applies in the form set out in the
constitution declaring that he is not a member of any other trade
union;
• (cc) the sources of the fund of the trade union and the purposes
for which such fund shall be applicable;
• (d) Not in existence.
• (e) the conditions under which a member shall be entitled to any
benefit assured by the constitution of the trade union and under
which any fine or forfeiture may be imposed on him;
• (f) the maintenance of a list of the members of the trade union
and of adequate facilities for the inspection thereof by the
officers and members of the trade union;

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.

(2) A trade union of workers shall not be entitled to registration under


this Ordinance unless it has a minimum membership of thirty per cent
of the total number of workers employed in the establishment or group
of establishments in which it is formed:
Provided that more than one establishments under the same employer,
which are allied to and connected with one another for the purpose of
carrying on the same industry irrespective of their place of situation,
shall be deemed to be one establishment for the purpose of this sub-
section:
Provided further that where any doubt or dispute arises as to whether
any two or more establishments are under the same employer or
whether they are allied to or connected with one another for the
purpose of carrying on the same industry, the decision of the Registrar
shall be final.

7-A. Disqualifications for being an officer or a member of a trade


union.-
(1) Notwithstanding anything contained in the constitution or the rules
of a trade union, a person shall not be entitled-

• (a) to be, or to be elected as, an officer of a trade union if he has


been convicted of an offence involving moral turpitude or an
offence under clause (d) of sub-section (1) of section 16 or
section 61; and
• (b) to be a member or officer of a trade union formed in any
establishment or group of establishments if he is not or was
never employed or engaged in that establishment or group of
establishments, or if he was dismissed from any such
establishment.

29
(2) Nothing in clause (b) shall apply to any federation of trade unions.

7-B. Registered trade union to maintain register, etc.- Every registered


trade union shall maintain in such form as may be prescribed-

• (a) a register of members showing particulars of subscriptions


paid by each member;
• (b) an accounts book showing receipts and expenditure; and
• (c) a minute book for recording the proceedings of meetings;

8. Registration.- (1) The registrar, on being satisfied that the trade


union has complied with all the requirements of this Ordinance, shall
register the trade union in a prescribed register and issue a
registration certificate in the prescribed form within a period of sixty
days from the date of receipt of the application. In case the application
is found by the Registrar to be deficient in a material respect or
respects he shall communicate in writing his objection to the trade
union within a period of 15 days from the receipt of the application and
the trade union shall reply thereto within a period of fifteen days from
the receipt of the objections.

(2) When the objections raised by the Registrar have been


satisfactorily met, the Registrar shall register the trade union as
provided in sub-section (1). In case the objections are not satisfactorily
met, the Registrar may reject the application.

(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.

9. Certificate of registration.- The Registrar, on registering a trade


union under section 8, shall issue a certificate of registration in the
prescribed form which shall be conclusive evidence that the trade
union has been duly registered under this Ordinance.

10. Cancellation of registration.- (1) Subject to the other provisions of


this section, the registration of a trade union may be cancelled by the
Registrar if the trade union has-

• (a) applied for such cancellation or ceased to exist;


• (b) obtained registration by fraud or by misrepresentation of
facts;

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.

(2) Where the Registrar is of opinion that the registration of a trade


union should be cancelled, he shall submit an application to the Labour
Court praying for permission to cancel such registration.

(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. -

(4) The registration of a trade union shall not be cancelled on the


ground mentioned in clause (d) of sub-section (1) if the unfair labour
practice is not committed within three months prior to the date of
submission of the application to the Labour Court.

11. Appeal against cancellation- (1) A trade union aggrieved by the


order of cancellation of its registration under section 10 may, within
sixty days from the date of the order appeal to the Labour Appellate
Tribunal which may uphold or reject the order.

11-A. No Trade union to function without registration. - (1) No trade


union which is unregistered or whose registration has been cancelled
shall function as a trade union.

(2) No person shall collect any subscription for any fund of trade union
mentioned in sub-section (1).

11-B. Restriction on dual membership.- No worker shall be entitled to


enrol himself as, or to continue to be, member of more than one trade
union at the same time.

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.

14. Incorporation of registered trade union.- (1) Every registered trade


union shall be a body corporate by the name under which it is
registered, shall have perpetual succession and a common seal and
the power to contract and to acquire, hold and dispose of property,
both movable and immovable and shall, by the said name, sue or be
sued.

(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.

15.Unfair labour practices on the part of employers.- (1) No employer


or trade union of employers and no person acting on behalf of either
shall-

• (a) impose any condition in a contract of employment seeking to


restrain the right of a person who is a party to such contract to
join a trade union or continue his membership of a trade union;
or
• (b) refuse to employ or refuse to continue to employ any person
on the ground that such person is, or is not, a member or officer
of a trade union; or
• (c) discriminate against any person in regard to any
employment, promotion, condition of employment or working
condition on the ground that such person is or is not, a member
or officer of a trade union; or

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.

(2) Nothing in subsection (1) shall be deemed to preclude an employer


from requiring that a person upon his appointment or promotion to
managerial position shall cease to be, and shall be disqualified from
being a member or officer of a trade union of workmen.

16. Unfair labour practices on the part of workmen.- (1) No workman or


trade union of workmen and no person acting on behalf of such trade
union shall-

• (a) persuade a workman to join or refrain from joining a trade


union during working hours, or
• (b) intimidate any person to become, or refrain from becoming,
or to continue to be or to cease to be a member or officer of a
trade union; or
• (c) induce any person to refrain from becoming, or 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; or

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.

(2) It shall be an unfair practice for a trade union to interfere with a


ballot held under section 22 by the exercise of undue influence,
intimidation, impersonation or bribery through its executive or through
any person acting on its behalf.

RIGHTS AND PRIVILEGES OF REGISTERED TRADE UNIONS

AND COLLECTIVE BARGAINING AGENTS

17. Law of conspiracy limited in application.- No officer or member of a


registered trade union or collective bargaining agent as determined by
the Registrar shall be liable to punishment under sub-section (2) of
section 120-B of the Penal Code (Act XLV of 1860), in respect of any
agreement made between the members thereof for the purpose of
furthering any such object of the trade union as is specified in its
constitution referred to in section 7, unless the agreement is an
agreement to commit an offence, or otherwise violate any law other
than this Ordinance.

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.

20. Registration of Federation of Trade Unions.- (1) Any two or more


registered trade unions may, if their respective general bodies so
resolve, constitute a federation by executing an instrument of
federation and apply for the registration of the federation:
Provided that a trade union of workmen shall not join a federation
which comprises a trade union of employers, nor shall a trade union of
employers join a federation which comprises a trade union of
workmen.

(2) An instrument of federation referred to in sub-section (1) shall,


among outer things, provide for the procedures to be followed by
federated trade unions and the rights and responsibilities of the
federation and the federated unions.

(3) An application for the registration of a federation of trade unions


shall be signed by the presidents of all the trade unions constituting
the federation or by the officers of these trade unions respectively
authorised by the trade unions in this behalf and shall be accompanied
by three copies of the instrument of federation referred to in sub-
section (1).

(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.

21. Returns.- (1) There shall be sent annually to the Registrar on or


before such date as may be prescribed, a general statement audited in
the prescribed manner of all receipts and expenditure of every
registered trade union during the year ending on the 31st day of
December next preceding such prescribed date, and of the assets and
liabilities of the trade union existing on such 31st day of December as
may be prescribed.

(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.

(3) A copy of every alteration made in the constitution of registered


trade union and of a resolution of the general body having the effect of
a provision of the constitution shall be sent to the Registrar within 15
days of the making of the alteration or adoption of resolution.

(4) In case the registered trade union is member of a federation, the


name of that federation shall be given in the annual statement.

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.

(3) Upon receipt of an application under sub-section (2), the Registrar


shall by notice in writing, call upon every registered trade union in the
establishment or group of establishments to which the application
relates to indicate, within the time specified in the notice, whether it
desires to be a contestant in the secret ballot to be held for
determining the collective bargaining agent in relation to the
establishment or group of establishments.

(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.

(5) Every employer shall-

• (a) on being so required by the Registrar, submit to the Registrar


a list of all workers employed in the establishment, excluding
those whose period of employment in the establishment is less
than three months or who are casual or badli workers, showing in

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.

(6A) The objections, if any, received by the Registrar within the


specified time shall be disposed of by him after such enquiry as he
deems necessary.

(6B) The Registrar shall make such amendments, alterations or


modifications in the list of workers submitted by the employer as may
be required by any decision given by him on objections under sub-
section (6A).

(6C) After amendments, alterations or modification, if any, made under


sub-section (6B), or where no objections are received by the Registrar
within the specified time, the Registrar shall prepare a list of workers
employed in the establishment concerned and send copies thereof to
the employer and each of the contesting trade unions at least four
days prior to the date fixed for the poll.

(6D) The list of workers prepared under sub-section (6C) shall be


deemed to be the list of voters, and every worker whose name appears
in that list shall be entitled to vote in the poll to determine the
collective bargaining agent.

(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.

(11) A collective bargaining agent may, without prejudice to its own


position, implead as a party to any proceedings under this Ordinance
of which it is itself a party, any federation of trade unions of which it is
a member.

(12) The collective bargaining agent in relation to an establishment or


group of establishments shall be entitled to-

• (a) undertake collective bargaining with the employer or


employers on matters connected with employment, non-
employment, the terms of employment or the conditions of work;
• (b) represent all or any of the workmen in any proceedings;
• (c) give notice of, and declare, a strike in accordance with the
provisions of this Ordinance; and
• (d) nominate representatives or workmen on the Board of
Trustees of any welfare institution or Provident Funds, and of the
Worker's Participation Fund established under the Companies
Profits (Workers Participation) Act, 1968 (XII of 1968).

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) Where a collective bargaining agent has been determined under


sub-section (1) for the establishments referred to therein, the
collective bargaining agent determined, if any, under section 22 for
any one or more of such establishments shall not undertake collective
bargaining in respect of matters relating to the terms and conditions of
employment applicable to workmen employed in any of such
establishments.

23. Check off.- (1) If a collective bargaining agent so requests, the


employer of the workmen who are members of a trade union shall
deduct from the wages of the workmen such amounts towards their
subscription to the funds of the trade union as may be specified with
the approval of each individual workman named in the demand
statement furnished by the trade union.

(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.

(3) The employer shall provide facilities, to the collective bargaining


agent for ascertaining whether deductions from the wages of its
members are being made under sub-section (1).

JOINT CONSULTATION, CONCILIATION AND MEDIATION

24. Participation Committee.- (1) The Director of Labour or any officer


authorised by him in this behalf, shall, by an order in writing, require
the employer in any establishment in which fifty or more workmen are
employed or were employed on any day in the preceding twelve
months, to constitute, in the prescribed manner a participation
committee consisting of representatives of the employer and the

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.

25. Function of the Participation Committee.- The functions of the


Participation Committee shall be to inculcate and develop a sense of
belonging and workers' commitment and, in particular-

• a) to endeavour to promote mutual trust, understanding and co-


operation between the employer and the workmen;
• b) to ensure application of labour laws;
• c) to foster a sense of discipline and to improve and maintain
safety, occupational health and working conditions;
• d) to encourage vocational training, workers' education and
family welfare training;
• e) to adopt measures for improvement of welfare services for the
workers and their families;
• f) to fulfil production target, reduce production cost and wastes
and raise quality of products.

25A. Meetings of the Participation Committee. (1) The Participation


Committee shall meet at least once in every two months to discuss,
and exchange views and recommend measures for performance of the
functions under section 25.

(2) The proceedings of every meeting of the Participation Committee


shall be submitted to the Director of Labour and the Conciliator within
seven days of the date of the meeting.

26. Negotiation relating to industrial disputes.- (1) If, at any time, an


employer or a collective bargaining agent finds that an industrial
dispute is likely to arise between the employer and of the workmen,
the employer or, as the case may be, the collective bargaining agent
shall communicates his or its views in writing to the other party.

(2) Within ten days of the receipt of a communication under sub-


section (1), the party receiving it shall, in consultation with the

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.

(3) If the parties reach a settlement on the issues discussed, a


memorandum of settlement shall be recorded in writing and signed by
both the parties and a copy thereof shall be forwarded to the
Conciliator and the authorities mentioned in clause (xxiv) of section 2.

27. Conciliator.- The Government shall, by notification in the official


Gazette, appoint as many persons as it considers necessary to be
Conciliators for the purposes of this Ordinance and shall specify in the
notification the area within which, or the class of establishments or
industries in relation to which each one of them shall, perform his
functions.

27A. Conciliation before notice of strike, etc.- Where the parties to an


industrial dispute fail to reach a settlement by negotiation under
section 26, any of them may report to the Conciliator that the
negotiations have failed and request him in writing to conciliate in the
dispute and the Conciliator shall, on receipt of such request, proceed to
conciliate in the dispute.

28. Notice of strike or lock-out.- If the Conciliator fails to settle the


dispute within ten days from the date of receipt of a request made
under section 27-A, the collective bargaining agent or the employer
may, in accordance with the provisions of this Ordinance, serve on the
other party to the dispute twenty-one days' notice of strike or lock-out,
as the case may be:
Provided that no collective bargaining agent shall serve any notice of
strike unless three-fourths of its members have given their consent to
it through a secret ballot specifically held for the purpose.

29. Conciliation after notice of strike or lock-out.- Where a party to an


industrial dispute serves a notice of strike or lock-out under section 28,
it shall, simultaneously with the service of such notice, deliver a copy
thereof to the Conciliator who shall proceed to conciliate or, as the
case may be, continue to conciliate in the dispute notwithstanding the
notice of strike or lock-out:
Provided that before proceeding to conciliate in the dispute the
Conciliator shall satisfy himself as to the validity of the notice of strike
and if the notice does not conform to the provisions of this Ordinance
or the rules or of the constitution of the trade union concerned, the
notice of strike shall not be deemed to have been given under the
provisions of this Ordinance and in such cases, whether the notice

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.

30. Proceedings before Conciliator. (1) The Conciliator shall, as soon as


possible, call a meeting of the parties to the dispute for the purpose of
bringing about a settlement.

(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.

(3) The Conciliator shall perform such functions in relation to a dispute


before him as may be prescribed and may, in particular, suggest to
either party to the dispute such concessions or modifications in its
demand as are, in the opinion of the Conciliator, likely to promote an
amicable settlement of the dispute.

(4) If a settlement of the dispute or of any matter in dispute is arrived


at in the course of the proceedings before him, the Conciliator shall
send a report thereof to the Government together with the
memorandum of settlement signed by the parties to the dispute.

(5) If no settlement is arrived at within the period of the notice of strike


or lock-out, the conciliation proceedings may be continued for such
further period as may be agreed upon by the parties.

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.

(2) The Arbitrator to whom a dispute is referred under sub-section (1)


may be a person borne on a panel to be maintained by the
Government or any other person agreed upon by the parties.

(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.

32. Strike and Lock-out. (1) If no settlement is arrived at during the


course of conciliation proceedings and the parties to the dispute do not
agree to refer it to an Arbitrator under section 31, the workmen may
go on strike or as the case may be, the employer may declare a lock-
out, (on the expiry of the period of the notice under section 28) or
upon (the issuance of a notice by the Conciliator to the parties to the
dispute a certificate to the effect that the conciliation proceedings
have failed, whichever is the later.

(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.

(3) In any case in which the Government prohibits a strike or lock-out,


it shall, forthwith, refer the dispute to the Labour Court.

(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.

34. Application to Labour Court. Any collective bargaining agent or any


employer or workman may apply to the Labour Court for the
enforcement of any right guaranteed or secured to it or him by or
under any law or any award or settlement.

35. Labour Court. (1) The Government may, by notification in the


official Gazette, establish as many Labour Courts as it considers
necessary and, where it establishes more than one Labour Court, shall
specify in the notification the territorial limits within which each one of
them shall exercise jurisdiction under this Ordinance.

(2) A Labour Court shall consist of a Chairman appointed by the


Government and two members to advise the Chairman, one to
represent the employers and the other to represent the workmen,
appointed in the manner hereinafter provided.

(3) A person shall not be qualified for appointment as Chairman unless


he has been or is, or is qualified to be, a Judge, or Additional Judge of
the High Court Division or is a District Judge, or an Additional District
Judge.

(4) The Government shall constitute, in the prescribed manner, by


notification in the official Gazette, two panels, one of which shall
consist of representatives of employers and the other of
representatives of the workmen, each panel consisting of not more
than five persons:
Provided that the Government shall reconstitute such panels after
every two years, but the members of the panels, notwithstanding the
expiry of the said period of two years, shall continue on the panels till
the new panels are constituted and notified in the official Gazette.

(4A) The Chairman shall, for adjudication, enquiry, determination or


disposal of a case relating to a specific industrial dispute, select one
person from each of the two panels constituted under sub-section (4),
and persons so selected, together with the Chairman shall be deemed
to, have constituted the Labour Court in respect of that specific
industrial dispute:

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.

(5) A Labour Court shall have exclusive jurisdiction to-

• a) adjudicate and determine an industrial dispute which has been


referred to or brought before it under this Ordinance;
• b) enquire into and adjudicate any matter relating to the
implementation or violation of a settlement which is referred to it
by the Government;
• c) try offences under this Ordinance, and such other offences
under any other law as the Government may, by notifications in
the official Gazette, specify in this behalf;
• d) exercise and perform such other powers and functions as are
or may be conferred upon or assigned to it by or under this
Ordinance or any other law.

(6) Notwithstanding anything contained in the Workmen's


Compensation Act, 1923 (VII of 1923) or the Payment of Wages Act,
1936 (IV of 1936), the Government may, by notification in the official
Gazette, appoint a Labour Court to be, or confer upon it any power or
function of, any authority under any of the said Act, and upon such
notification, the Labour Court shall be deemed to be such authority and
shall exercise the powers and perform the functions of such authority
under the relevant Act.

(7) If any member of the Labour Court is absent from, or is otherwise


unable to attend any sitting of the Court, the proceedings of the Court
may continue and the decision or award may be given in the absence
of such member; and no act, proceedings, decision or award of the
Court shall be invalid or be called in question merely on the ground of
such absence or on the ground of any vacancy in, or any defect in the
constitution of, the Labour Court.

36. Procedure and powers of Labour Court. (1) Subject to the


provisions of this Ordinance a Labour Court shall follow as nearly as
possible summary procedure as prescribed under the Code of Criminal
Procedure, 1898 (Act V of 1898).

(2) A Labour Court shall, for the purpose of adjudicating and


determining any industrial dispute, be deemed to be a Civil Court and
shall have the same powers as are vested in such Court under the
Code of Civil Procedure, 1908 (Act V of 1908) including the powers of-

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.

37. Awards and decisions of Labour Court.- (1) An award or decision of


a Labour Court shall be given in writing and delivered in open Court
and two copies thereof shall be forwarded forthwith to the
Government.

(1A) An award or decision of Labour Court shall in every case, be


delivered, unless the parties to the dispute give their consent in writing
to extend the time limit within sixty days following the date of filing of
the case:
Provided that no award or decision of a Labour Court shall be invalid
merely on the ground of delay in its delivery.

(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.

38. Labour Appellate Tribunal.- (1) The Government may, by


notification in the official Gazette, establish one or more Labour
Appellate Tribunals for the purposes of this Ordinance.

(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.

(3A) If an appeal is preferred against an order of reinstatement of a


workman by the Labour Court, the Tribunal shall, notwithstanding
anything contained in sub-section (3), decide such appeal within a
period not beyond 180 days following the filing of the appeal and in the
meantime the Tribunal may pass an order staying the operation of the
order of the Labour Court if such appeal is not disposed of within the
aforesaid period, the order of the Tribunal shall stand vacated after the
expiry of the period.

(4) The Tribunal shall follow such procedure as may be prescribed.

(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.

39. Settlements and awards on whom binding.- (1) A settlement


arrived at in the course of a conciliation proceeding, or an award of an
Arbitrator published under section 31, or an award or decision of a
Labour Court delivered under section 37 (or the decision of a Tribunal
under section 38) shall-

• (a) be binding on all other parties to the industrial dispute;


• (b) be binding on all other parties summoned to appear in any
proceedings before a Labour Court as parties to the industrial
dispute, unless the Court specifically otherwise directs in respect
of any such party;
• (c) be binding on the heirs, successors or assignees of the
employer in respect of the establishment to which the industrial
dispute relates where an employer is one of the parties to the
dispute; and
• (d) where a collective bargaining agent is one of the parties to
the dispute, be binding on all workmen who were employed in
the establishment or industry to which the industrial dispute
relates on the date on which the dispute first arose or who are
employed therein after that date.

(2) A settlement arrived at by agreement between the employer and a


trade union otherwise than in the course of conciliation proceedings
shall be binding on the parties to the agreement.

40. Effective date of settlement, award etc.- (1) A settlement shall


become effective-

• (a) if a date is agreed upon by the parties to the dispute to which


it relates, on such date; and
• (b) if a date is not so agreed upon, on the date on which the
memorandum of the settlement is signed by the parties.

(2) A settlement shall be binding for such period as is agreed upon by


the parties, and if no such period is agreed upon, for a period of one

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.

(3) An award given under sub-section (1) of section 37 shall, unless an


appeal against it is preferred to the Tribunal, become effective on such
date and remain effective for such period, not exceeding two years, as
may be specified therein. The Arbitrator, the Labour Court, or as the
case may be, the Tribunal, shall specify dates from which the award on
various demands shall be effective and the limit by which it shall be
implemented in each case:
Provided that if, at any time before the expiry of the said period, any
party, bound by an award, applied to the Labour Court which made the
award to reduction or the period on the ground that the circumstances
in which the award was made have materially changed, the Labour
Court may, by order made after giving to the other party and
opportunity of being heard, terminate the said period on a date
specified in the order.

(4) A decision of the Tribunal in appeal under sub-section (3) of section


38 shall be effective from the date of the award.

(5) Notwithstanding the expiry of the period for which an award is to be


effective under sub-section (3), the award shall continue to be binding
on the parties 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 award.

41. Commencement and conclusion of proceedings.- (1) A conciliation


proceeding shall be deemed to have commenced on the date on which
a notice of strike or lock-out is received by the Conciliator under
section 28.

(2) A conciliation proceeding shall be deemed to have concluded-

• (a) where a settlement is arrived at, on the date on which a


memorandum of settlement is signed by the parties to the
dispute; and
• (b) where no settlement is arrived at-

o (i) if the dispute is referred to an Arbitrator under section
31 on the date on which the Arbitrator has given his award;
or otherwise;

49
o (ii) on the date on which the period of the notice of strike
or lock-out expires.

(3) Proceedings before a Labour Court shall be deemed to have


commenced-

• (a) in relation to an industrial dispute on the date on which an


application has been made under (section 32 or) section 34, or
on the date on which it is referred to the Labour Court by the
Government under section 32 or 33; and
• (b) in relation to any other matter, on the date on which it is
referred to the Labour Court.

(4) Proceedings before a Labour Court shall be deemed to have


concluded on the date on which the award or decision is delivered
under sub-section (1) of section 37.

42. Certain matters to be kept confidential.- There shall not be


included in any report, award or decision under this Ordinance any
information obtained by a Registrar, Conciliator, Labour Court,
Arbitrator or Tribunal in the course of any investigation or enquiry as to
a trade union or as to any individual business (whether carried on by a
person, firm or company) which is not available otherwise than through
the evidence given before such authority, if the trade union, person,
firm or company in question has made a request in writing to the
authority that such information shall be treated as confidential, nor
shall such proceedings disclose any such information without the
consent in writing of the secretary of the trade union or the person,
firm or company in question, as the case may be:
Provided that nothing contained in this section shall apply to disclosure
of any such information for the purpose of a prosecution under section
193 of the Penal Code (Act XLV of 1860).

43. Raising of industrial disputes.- No industrial dispute shall be


deemed to exist unless it has been raised in the prescribed manner, by
a collective bargaining agent (or an employer).

44. Prohibition of serving notice of strike or lock-out while proceedings


pending.- No notice of strike or lock-out shall be served by any party to
an industrial dispute while any conciliation proceedings or proceedings
before an arbitrator or a Labour Court or an appeal to the Tribunal
under sub-section (3) of section 38 are or is pending in respect of any
matter constituting such industrial dispute.

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.

(2) When an appeal in respect of any matter arising out of an industrial


dispute is referred to a Tribunal under section 38 the Tribunal may, by
an order in writing, prohibit continuance of any strike or lock-out in
pursuance of such industrial dispute which had already commenced
and was in existence on the date on which the appeal was preferred.

46. Illegal strikes and lock-out- (1) Strike or lock-out shall be illegal if-

• (a) it is declared, commenced or continued without giving to the


other party to the dispute, in the prescribed manner, a notice of
strike or lock-out on or before the date of strike or lock-out
specified in such notice, or in contravention of section 44; or
• (b) it is declared, commenced or continued inconsequence of an
industrial dispute raised in a manner other than that provided in
section 43; or
• (c) it is continued in contravention of an order made under
(section 33) or section 45; or
• (d) it is declared, commenced or continued during the period in
which a settlement or award is in operation in respect of any of
the matters covered by a settlement or award.

(2) A lock-out declared in consequence of an illegal strike and a strike


declared in consequence of an illegal lock-out shall not be deemed to
be illegal.

47. Conditions of service to remain unchanged while proceedings


pending.-
(1) No employer shall, while any conciliation proceedings or
proceedings before an Arbitrator, a Labour Court or Tribunal in respect
of an industrial dispute are pending, alter to the disadvantage of any
workman concerned in such dispute, the conditions of service
applicable to him before the commencement of the conciliation
proceedings or of the proceedings before the Arbitrator the Labour
Court or Tribunal, as the case may be, nor shall he,-

• (a) save with the permission of the Conciliator, while any


conciliation proceedings are pending, or
• (b) save with the permission of the Arbitrator, the Labour Court
or Tribunal, while any proceedings before the Arbitrator, Labour
Court or Tribunal are pending, discharge, dismiss or otherwise

51
punish any workman (or terminate his service) except for
misconduct not connected with such dispute.

(2) Notwithstanding anything contained in sub-section (1), an officer of


a registered trade union shall not during the pendency of any
proceedings referred to in sub-section (1), be discharged, dismissed or
otherwise punished for misconduct, except with the previous
permission of the Labour Court.

47A. Conditions of service to remain unchanged while application for


registration pending.- No employer shall, while an application under
section 5 for registration of a trade union is pending, alter, without
prior permission of the Registrar, to the disadvantage of any workman
who is an officer of such trade union, the conditions of service
applicable to him before the receipt of the application by the Registrar.

47B. President and General Secretary not to be transferred.- Neither


the President nor the General Secretary of any trade union shall be
transferred from one place to another without his consent.

48. Protection of certain persons.- (1) No person refusing to take part


or to continue to take part in any illegal strike or illegal lock-out shall
by reason of such refusal, be subject to expulsion from any trade union
or to any fine or penalty or to the deprivation of any right or benefit
which he or his legal representatives would otherwise have been
entitled, or, be liable to be placed in any respect, either directly or
indirectly, under any disability or disadvantage as compared with other
members of the trade union.

(2) Any contravention of the provisions of sub-section (1) may be made


the subject-matter of an industrial dispute, and nothing in the
constitution of a trade union providing the manner in which any
dispute between its executive and members shall be settled, shall
apply to proceedings for enforcing any right or exemption granted by
sub-section (1). In any such proceeding, the Labour Court may, in lieu
of ordering a person who has been expelled from membership of a
trade union to be restored to membership, order that he be paid out of
the funds of the trade union such sum by way of compensation or
damages as the Court thinks just.

49. Representation of parties.- (1) A workman who is a party to an


industrial dispute shall be entitled to be represented in any
proceedings under this Ordinance by an officer of a collective
bargaining agent and, subject to the provisions of sub-section (2) and
sub-section (3) any employer who is a party to an industrial dispute

52
shall be entitled to be represented in any such proceeding by a person
duly authorised by him.

(2) No party to an industrial dispute shall be represented by a legal


practitioner in any conciliation proceedings under this Ordinance.

(3) A party to an industrial dispute may be represented by a legal


practitioner in any proceeding before the Labour Court, or before an
Arbitrator, with the permission of the Court or the Arbitrator, as the
case may be.

50. Interpretation of settlement and awards.- (1) If any difficulty or


doubt arises to the interpretation of any provision of an award or
settlement, it shall be referred to the Tribunal constituted under this
Ordinance.

(2) The Tribunal to which a matter is referred under sub-section (1)


shall, after giving the parties an opportunity of being heard, decide the
matter and its decision shall be final and binding on the parties.

51. Recovery of money due from an employer under a settlement or


award.-
(1) Any money due from an employer under a settlement, or under an
award or decision of the Arbitrator, Labour Court or Tribunal may be
recovered as arrears of land revenue or as a public demand upon
application by the Government if it is moved in that behalf by the
person entitled to the money under that settlement, award or decision.

(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.

52. Any act or function which is, by this Ordinance, required to be


performed by or has been conferred upon a collective bargaining agent
may, until a collective bargaining agent has been ascertained under
the provisions of this Ordinance, be performed by a registered trade
union which has been recognised by the employer or employers.

Explanation.- For the purposes of this section, a registered trade union


means such registered trade union which has a membership of at least
one-third of the total number of workers of the establishment
concerned.

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.

(3)A trade union or person other than a workman which or who


contravenes the provisions of section 16, shall be punishable with
imprisonment which may extend to one year, or with fine which may
extend to two thousand Taka or with both.

54. Penalty for committing breach of settlement.- Whoever commits


any breach of any term of any settlement, award or decision which is
binding on him under this Ordinance, shall be punishable-

• (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.

55. Penalty for failing to implement settlement, etc.- Whoever wilfully


fails to implement any term of any settlement, award or decision which
it is his duty under this Ordinance to implement, shall be punishable
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, in the
case of continuing failure, with a further fine which may extend to two
hundred Taka for every day after the first during which the failure
continues.

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.

(2) Any employer who commences, continues or otherwise acts in


furtherance of an illegal lock-out shall be punishable with
imprisonment for a term which may extend to one year, or with fine
which may extend to five thousand Taka or with both, and in the case
of a continuing offence, with a further fine which may extend to two
hundred Taka for every day after the first during which the offence
continues.

58. Penalty for instigating illegal strike or lock-out. Whoever instigates


or incites others to take part in or expends or supplies money or
otherwise acts in furtherance or support of an illegal strike or an illegal
lock-out, shall be punishable with imprisonment which may extend to
six months or with fine, which may extend to one thousand Taka or
with both.

59. Penalty for taking part in or instigating 'go-slow'.- Whoever takes


part in, or instigates or incites others to take part in or otherwise acts
in furtherance of a "go-slow" 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.

Explanation.- In this section, 'go-slow' means an organised, deliberate


and purposeful slowing down of normal output of work by a body of
workmen acting in a concerted manner, but does not include the
slowing down of normal output of work which is due to mechanical
defect, break-down of machinery, failure or defect in power supply or
in the supply of normal materials and spare parts of machinery.

60. Penalty for discharging officer of trade union in certain


circumstances, etc.- Any employer who contravenes the provisions of
section 47, shall be punishable with imprisonment for a term which
may extend to six months, or with fine which may extend to five
thousand Taka or with both.

61. Penalty for embezzlement or misappropriation of funds.- Any


officer or any other employee of a registered trade union, guilty of
embezzlement or misappropriation of trade union funds shall be
punishable with imprisonment for a term which may extend to one
year and shall also be liable to fine, which shall not exceed the amount
found by the Court to have been embezzled or misappropriated. Upon

55
realisation, the amount of fine may be reimbursed by the Court to the
trade union concerned.

61A. Penalty for activities of unregistered trade unions.- Whoever takes


part in, or instigates or incites others to take part in the activities of an
unregistered trade union or of a trade union whose registration has
been cancelled or collects subscription except enrolment fee, for the
fund of any such trade union, 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.

61B. Penalty for dual membership of trade unions.- Whoever enrols


himself as, or continues to be, a member of more than one trade union
at the same time 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.

62. Penalty for other offences.- Whoever contravenes, or fails to


comply with any of the provisions of this Ordinance, shall if no other
penalty is provided by this Ordinance for such contravention or failure,
be punishable with fine which may extend to two hundred and fifty
Taka.

62A. Penalty for non-appearance or non-representation before a


Conciliator.- A person who fails, except for reasons satisfactory to the
Conciliator, to comply with the provisions of sub-section (2) of section
30 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.

63. Offences by corporations.- Where the person guilty of any offence


under this Ordinance is a company or other body corporate, every
Director, Manager, Secretary or other officer or agent thereof shall,
unless he proves that the offence was committed without his
knowledge or consent or that he exercised all due diligence to prevent
the commission of the offence, be deemed to be guilty of such offence.

64. Trial of offences.- No Court other than a Labour Court or that of a


Magistrate of the First Class shall try any offence punishable under this
Ordinance (and no prosecution for an offence punishable under section
53 or 62A shall be instituted except by or under the authority, or with
the previous permission of the Director of Labour or an officer
authorised by him in this behalf).

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.

65-A. Registrar, etc. to be public servants - A Registrar, a Conciliator,


the Chairman of a Labour Court and the member of the Tribunal shall
be deemed to be public servants within the meaning of section 21 of
the Penal Code, 1860 (Act XLV of 1860).

66. Powers to make rules.- (1) The Government may, by notification in


the official Gazette, make rule for carrying out the purposes of this
Ordinance.

(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:-

• (a) The Trade Union Act, 1965 (E.P. Act V of 1965);


• (b) The Labour Dispute Act, 1965 (E.P. Act VI of 1965);
• (c) The Industrial Disputes Ordinance, 1968 (W.P. Ordinance IV of
1968); and
• (d) The Trade Unions Ordinance, 1968 (W.P. Ordinance V of
1968).

(2) Notwithstanding the repeal of any law by sub-section (1), and


without prejudice to the provisions of section 24 of the General Clauses
Act, 1897 (X of 1897)-

(a) every trade union existing immediately before the commencement


of this Ordinance, which was registered under any such law, shall be
deemed to be registered under this Ordinance and its constitution,
shall in so far as it is not inconsistent with the provisions of this
Ordnance continue in force until altered or rescinded; and

(b) anything done, rules made, notification or order issued, officer


appointed. Court constituted, notice given, proceedings commenced or
other actions taken under any law, shall be deemed to have been
done, made, issued, appointed, constituted, notice given, proceedings
commenced or other actions taken, as the case may be under me
corresponding provisions of this Ordinance

57
1. Short title.- These rules may be called the Factories Rules, 1979.

2. Definitions.- In these rules, unless there is anything repugnant in the


subject or context-

• (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:

Provided that the introduction of air directly from outside through


moistened mats or screens placed in openings at a time when the
temperature of the room is 80 degrees or more, shall not be deemed
to be artificial humidification;

• (c) 'belt' includes any driving strap or rope;


• (d) 'degree' means degrees on the Fahrenheit scale;
• (e) 'Form' means a form appended to these rules;
• (f) 'fume' includes gas or vapour;
• (g) 'section' means a section of the Act; and
• (h) 'septic tank latrine' means a latrine of the septic tank type,
together with its filter beds, and includes activated sludge
latrines and aerobacterial latrines.

CHAPTER I

APPROVAL OF PLANS OF FACTORY, FEES FOR I LICENSING AND


REGISTRATION

3. (1) There shall not be any construction or extension of any factory


unless previous permission in writing is obtained from the Chief
Inspector for such construction or extension.

(2) All applications for permission shall be made in Form No. 1 which
shall be accompanied by the following documents, namely-

• (a) a flow chart of the manufacturing process supplemented by a


brief description of the process in its various stages;
• (b) plans in duplicate showing-

o (i) the site of the factory and its immediate surroundings
including adjacent buildings and other structures, roads
and drains; and
o (ii) the plan, elevation and necessary cross-sections of the
various buildings drawn to scale indicating all relevant

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.

(3) The Chief Inspector, if satisfied, shall, in returning to the applicant


one copy of the plan submitted under sub-rule (2) and subject to such
conditions as he may specify, approve the plans of construction or, as
the case may be, the extension of a factory, or may call for such other
particulars as he may require to enable him to approve the plan.

(4) No deviation of any kind from approved plans shall be made


without the written permission of the Chief Inspector.

4. The occupier of every factory shall submit to the Chief Inspector an


application in Form No. 2, in duplicate, for its registration and grant of
licence,-

• (a) in the case of a factory already in existence and engaged in


manufacturing process, within six months from the date of
coming into force of these rules, and
• (b) in the case of a factory coming into existence and engaging
in manufacturing process on or after the coming into force of
these rules, within at least thirty days before the factory resumes
working.

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:

Provided that the fee payable by a factory declared under section 3 of


the Act shall be five Taka.

(2) Every licence shall remain in force up to the 31st December of the
year in which the licence is granted,

(3) The Chief Inspector, on receipt of an application in Form No. 1, may


renew the licence.

(4) The licence or a copy of it shall be displayed at a conspicuous place


of the factory.

THE SCHEDULE

59
(1) Scale of fees payable for licence and annual renewal of licence by
factories:

Maximum number of workers Licence Renewal


to be employed on any day fees. Tk. licence
during the year. fees. Tk.
A. 10 to 30 80.00 16.00
B. 31 to 50 200.00 40.00
C. 51 to 100 400.00 80.00
D. 101 to 200 600.00 120.00
E. 201 to 300 800.00 160.00
p. 301 to 500 1400.00 280.00
G. 501 to 750 1600.00 320.00
H. 751 to 1,000 2000.00 400.00
I. Abov 1,000 2400.00 480.00
e

(2) Every application for renewal of licence shall be submitted in Form


No. 2, in duplicate, on or before the 31st December every year.

6. Amendment in Licence.- (1) A licence granted under rule 5 may be


amended by the Chief Inspector.

(2) A licencee whose licence requires to be amended due to increase in


the number of workers in the factory shall submit an

application in Form No. 2 to the Chief Inspector stating the nature of


amendment. Fee for such amendment shall be forty Taka and, in
addition, the licensee shall be required to pay the amount of licence
fee as may be applicable to the factory minus the amount which was
originally paid for such licensing.

7. Default in payment of renewal fee.- If the fee for renewal of licence


is not deposited within the time specified in sub-rule (2) of rule 5, then,
notwithstanding any other action which may be taken under the Act or
these Rules, the amount of the fee for renewal of the licence shall be
25 percent, in excess of the amount which would otherwise be payable
if the payment is made within three calendar months of the time
specified and shall be 50 percent, in excess of the amount which would
otherwise be payable for further default beyond three calendar
months:

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.

9. Payment of fees.- Every application under these Rules shall be


accompanied by a Treasury receipt showing that the non-refundable
fee has been paid into the local Treasury under the head of account
65-Misc. Non tax Revenue Department of Inspection for Factories and
Establishments.

CHAPTER II

INSPECTING STAFF

10. Duties of Certifying Surgeons.- (1) A Certifying Surgeon shall fix


such places and times as he thinks fit for the attendance of persons
wishing to obtain certificate of fitness. Notice of places and times so
fixed shall be given to the Manager of the factory concerned.

(2) The Certifying Surgeon shall grant certificate of fitness in Form No.
4.

(3) While preparing a certificate of fitness which shall be deemed to be


a certificate of fitness under section 68 of the Act, the required
particulars shall be filled in on the certificate and the counterfoil, and
on both shall be impressed the left thumb mark of the person to whom
the certificate is being granted.

(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.

(7) If the Certifying Surgeon finds as a result of the examination that


any person employed in any process is no longer fit for medical
reasons to work in the process, such person shall be withdrawn from
working in that process for such time as the Certifying Surgeon may
think fit and no person, after suspension, shall be employed in that

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.

(10) If the examination of persons employed in dangerous occupations


or processes cannot be carried out at the factory owing to the special
nature of the examination that may be necessary, the Manager of the
factory shall arrange to send such persons to such places as may be
required by the Certifying Surgeon.

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.

12. Record of cleanliness.- The dates on which the processes required


by clause (d) of section 12 are carried out shall be entered in the
Register maintained in Form No. 6.

13. Disposal of wastes and effluents. In the case of a factory situated in


a place where no public sewerage system exists, prior approval of the
arrangements made for the disposal of the wastes and effluents shall
be obtained from the Chief Inspector who shall act in this behalf in
consultation with the Directorate of Health Services.

14. Construction and maintenance of drains.- All drains carrying waste


or sludge water shall be constructed in masonry or other impervious
material and shall be regularly flushed and the effluent shall be
disposed of by connecting such drains with a suitable drainage line:

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.

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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.

(2) The number of hygrometers shall be regulated according to the


following scales, namely:-

• (a) Weaving Departments. One hygrometer for departments with


less than 250 looms, and thereafter one additional hygrometer
for every 250 looms or part thereof.
• (b) Other departments. One hygrometer for each room of less
than 2,00,000 cubic feet capacity and thereafter one extra
hygrometer for each 1,50,000 cubic feet capacity or part thereof.
• (c) One additional hygrometer shall be provided and maintained
outside each cotton spinning and weaving factory wherein
artificial humidification is adopted.

(3) A legible copy of the Schedule annexed to Rule 15 shall be affixed


near each hygrometer.

17. Exemption from maintenance of hygrometer.- If the Chief Inspector


is satisfied that the limits of humidity allowed by the Schedule to Rule
15 are never exceeded, he may grant exemption to any department of
a factory from the maintenance of the hygrometer.

18. Temperature to be recorded at each hygrometer.- (1) At each


hygrometer maintained in accordance with rule 16, correct wet and dry
bulb temperature shall be recorded thrice daily during each working
day by the persons nominated by the Manager of the factory and
approved by the Inspector. The temperatures shall be taken between
7. a. m. and 9 a. m., between 11 a. m. and 2 p. m. (but not between
the rest interval) and between 4 p. m. and 5-30 p. m. In exceptional
circumstances, such additional readings shall be taken in such a
manner as the Inspector may specify.

(2) The temperatures shall be entered in a Humidity Register in Form


No. 7, maintained in the factory. At the end of each month, the persons
who have taken the readings shall sign the Register and certify the
correctness of the entries. This Register shall always be available for
inspection by the Inspector.

19. Specifications of hygrometer.- (1) Each hygrometer shall comprise


two mercurial thermometers of wet bulb and dry bulb of similar

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.

(6) Each thermometer shall be graduated so that accurate readings


may be taken between 50 and 120 degrees.

(7) Every degree from 50 degrees up to 120 degrees shall be clearly


marked by horizontal lines on the stem, each fifth and tenth degree
shall be marked by longer marks than the intermediate degrees, and
the temperature marked opposite each tenth degree, that is, 50, 60,
70, 80, 90, 100, 110 and 120.

(8) A distinctive number shall be indelibly marked upon the


thermometer.

(9) The accuracy of each thermometer shall have to be certified by


such authority as the Chief Inspector may specify and such certificate
shall be attached to the Humidity Register.

20. Maintenance of thermometer.- (1) Thermometers shall be


maintained at all factories in such manner as the Chief Inspector may,
by instruction, direct in this behalf.

(2) If the Inspector gives notice in writing that a thermometer is not


accurate it shall not be deemed to be accurate unless and until a fresh
certificate is obtained declaring its fitness.

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.

(2) No hygrometer shall be fixed at a height of more than 5 feet 6


inches from the floor to the top of the thermometer stem, or in the
direct drafts coming from a fan, window or ventilation opening.

22. Recording of reading on hygrometer.- No reading shall be taken for


record on any hygrometer within 15 minutes of the renewal of water in
the reservoir.

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.

66
(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.

27. Latrine accommodation.- (1) Latrine accommodation shall be


provided in every factory on the following scale:-

• (a) where females are employed, there shall be at least one


latrine for every 25 females;
• (b) where males are employed, there shall be at least one latrine
for every 25 males:

Provided that, where the number of male employees exceeds 100, it


shall be sufficient if there is one latrine for every 25 males up to the
first 100, and one for every 50 thereafter.

Explanation. In calculating the number of latrines required under this


rule, any odd number of workers less than 25 or 50, as the case may
be, shall be reckoned as 25 or 50.

(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;

67
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.

28. Design, situation, etc. of latrines.- The following provisions shall


apply to latrines:

(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-

• (a) the site or situation and immediate surroundings including


adjacent buildings and drinking water source, and
• (b) the plan elevation and necessary cross-section drawn to scale
indicating all relevant details.

(2) They shall be situated, unless otherwise approved in writing by the


Inspector, within the factory precinct and so located that every worker
may have ready access thereto and no effluvia therefrom can arise
within a workroom.

(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.

(4) They shall be under cover and so partitioned off as to secure


privacy, and shall have proper hinged doors and fastenings:

Provided that the Chief Inspector may, by order in writing, exempt


factories existing on the commencement of these rules from providing
hinged doors and fastening for these latrines which have been
constructed before such commencement.

(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.

68
(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:

Provided that where the Chief Inspector is satisfied that in respect of


any septic tank the requirements of clause (c) are not necessary he
may, by order in writing, grant exemption from that clause on such
conditions if any, as he may impose.

30. Reference to municipal and local authorities.- In the case of


factories situated in places within the limits of a local authority, if it
appears to the Inspector that there has been a breach of the provisions
of any act constituting the local authority relating to sanitary
arrangements, removal of objectionable rubbish, the cleaning and
fencing of water tanks, or the like matters, the

Inspector shall, without prejudice to any action which he is empowered


to take under the Act or the rules made thereunder, draw the attention
of the local authority to the breach of such provisions.

69
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.

32. Urinals to conform to public health requirements.- Urinals other


than those connected with an efficient waterborne sewage system as
urinals in a factory wherein more than 250 workers are ordinarily
employed shall comply with the requirements of the Directorate of
Health Services.

33. White-washing, colour-washing of latrines and urinals.- The walls,


ceilings and partitions of every latrine and urinal shall be white-washed
or colour-washed and the white-washing or colourwashing shall be
repeated at least once in every period of four months. The dates on
which the white-washing or colour-washing is carried out shall be
entered in the Register in Form No. 6:

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.

34. Number and location of spittoons.- The number and location of


spittoons to be provided shall be to the satisfaction of the Chief
Inspector.

35. Type of spittoons shall be of either of the following types:-

• (a) a galvanised iron container with conical funnel shaped cover.


A layer of suitable disinfectant liquid shall always be maintained
in the container; or
• (b) a container filled with dry and clean sand and covered with a
layer of bleaching powder; or
• (c) any other type approved by the Chief Inspector.

36. Cleaning of spittoons.- The spittoons shall be emptied, cleaned and


disinfected at least once in every day and the spittoons mentioned in
clause (b) of rule 35 shall be cleaned by scraping out the top layer of
sand as often as necessary or at least once in every day.

CHAPTER IV

70
SAFETY

37. Safety precautions.- Without prejudice to the provisions of


subsection (1) of section 23, in regard to the fencing of machines, the
further precautions as may be directed by the Chief Inspector in
writing shall apply to the machines specified in such direction.

38. Building and structures.- No building, wall, chimney, bridge, tunnel,


road, gallery, stairway, ramp, floor, platform, staging or other
structure, whether a permanent or temporary character, shall be
constructed, situated or maintained in any factory in such a manner as
to cause risk of bodily injury.

39. Electrical and mechanical transport.- No railway or other electrical


or mechanical means of transport within the precincts of a factory shall
be constructed, situated, operated or maintained in such a manner as
to cause risk of bodily injury:

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.

40. Machinery and plant.- No machinery, plant or equipment shall be


constructed, situated, operated or maintained in any factory in such a
manner as to cause risk of bodily injury.

41. Precautions against electrical hazards.- (1) In every factory all


electric supply lines and apparatus shall be of proper size and
sufficient strength and shall be constructed, situated, protected,
worked and maintained in such a manner as to cause no risk of bodily
injury:

Provided that where an automatic mechanism is installed which


renders 'dead' any electrical equipment on the occurrence of any
danger, such mechanism shall be taken into account by the Inspector
when considering the adequacy or otherwise of the protection
furnished:

Provided further that in no case shall the Inspector accept as adequate


any conditions or combination of conditions which are subject to
objection under any law for the time being in force.

(2) Every portable hand lamp must be equipped with an insulating


handle and the bulb must be enclosed in a wire cage which must be
insulated from the metal parts of the lamp-holder.

71
(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.

Explanation.- 'Apparatus' includes all apparatus, machines and fittings


in which conductors are used, or of which they form parts.

42. Methods of work.- No process or work shall be carried on in any


factory in such a manner as to cause risk of bodily injury.

43. Stacking and storing of materials etc.- No materials or equipment


shall be stacked or stored in such a manner as to cause risk of bodily
injury.

44. Work on or near machinery in motion.- (1) One or more adult


workers shall be appointed for the purposes of sub-section (1) of
section 24. A list of such workers shall be maintained in a Register in
From No. 8.

(2) No worker shall be appointed unless he has been sufficiently


trained for such examination or operation and is acquainted with the
dangers from moving machinery arising in connection with such work.

(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.

45. Employment of young persons on dangerous machinery.- The


following machines shall be deemed to be of such dangerous character
that young persons shall not work at them unless the provisions of sub-
section (1) of section 25 are complied with-

• (a) power presses other than hydraulic presses, milling machines


used in the metal trades;
• (b) guillotine machine;
• (c) circular saws; and
• (d) plate printing machines.

72
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.

(4) A register in Form No. 9 shall be maintained containing the


following particulars, which shall be available for inspection:

• (i) name of the occupier of the factory;


• (ii) address of the factory;
• (iii) distinguishing number or mark and description to identify the
lifting machine, chain, rope or lifting tackle;
• (iv) date when the lifting machine, chain, rope or lifting tackle
was first taken into use in the factory;
• (v) date and number of the certificate relating to any test and
examination made under sub-rule (1) together with the name
and address of the person who issued the certificate;
• (vi) date of each periodical thorough examination made and by
whom it was carried out;
• (vii) date of annealing or other heat treatment of the chain and
other lifting tackle and by whom it was carried out;
• (viii) particulars of any defects affecting the safe working load
found at any examination or after annealing and of the steps
taken to remedy such defects.

73
(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:-

• (i) chains made of malleable cast iron;


• (ii) plate link chains;
• (iii) chains, rings, hooks, shackles and swivels made of steel or of
any non-ferrous metal;
• (iv) pitched chains, working on sprocket or pocketed wheels;
• (v) rings, hooks, shackles and swivels permanently attached to
pitched chains, pulley blocks or weighing machines;
• (vi) hooks and swivels having screw threaded parts or ball
bearing or other case hardened parts;
• (vii) socket shackles secured to wire ropes by white metal
capping;
• (viii) bordeaux connections;
• (ix) any chain or lifting tackle which has been subjected to heat
treatment known as "normalising" instead of annealing. Such
chains and lifting tackle shall be thoroughly examined by a
competent person once at least in every twelve months and
particulars entered in the register kept in accordance with sub-
rule (4).

(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.

(9) No person under 18 years of age and no person who is not


sufficiently trained and reliable shall be employed as driver of a lifting
machine whether driven by mechanical power or otherwise or to give
signals to the driver.

(10) Overhead travelling cranes shall be provided with safe access be


stairways or fixed ladders from the ground or floor to the crane cabs
and from the crane cabs to the bridge footwalks.

(11) Where the regular footwalks or platforms provided on the bridges


of overhead travelling cranes do not afford safe support for changing
or repairing wheels of end tracks, special platforms shall be provided
for the purpose at both ends of each bay:

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-

• (a) of good construction, sound material, adequate strength and


free from any patent defect;
• (b) properly maintained in a safe condition;
• (c) fitted with-
o (i) a suitable safety valve or other effective device to
ensure that the maximum permissible working pressure of
the vessel shall not be exceeded;
o (ii) a suitable pressure gauge easily visible and designed to
show, at all times, the correct internal pressure in pounds
per sq. inch, and marked with a prominent red mark at the
safe working pressure of the vessel;
o (iii) a suitable stop valve or valves by which the vessel may
be isolated from other vessels or source of supply of
pressure;
o (iv) a suitable drain cock or valve at the lowest part of the
vessels for the discharge of collected liquid:

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;

• (d) thoroughly examined by a competent person-



o (i) externally, once in every period of six months, to ensure
general condition of the vessel and the working of its
fitting;
o (ii) internally, once in every period of twelve months, to
ensure condition of the walls, seams and ties, both inside
and outside vessel, soundness of the parts of the vessel,
and the effects of corrosion. If by reason of construction of
the vessel, thorough internal examination is not possible,
then examination may be replaced by a hydraulic test
which shall be carried out once in every two years,
provided that the vessels in continuous processes which
cannot be frequently opened, the period of internal
examination may be extended to four years;
o (iii) hydraulically, at intervals of not more than four years:

Provided that in respect of pressure vessels with thin walls, such as


sizing cylinders made of copper or any other non-ferrous metal,
periodic hydraulic test may be dispensed with on the condition that the
requirements laid down in sub-rule (2) are fulfilled.

(2) In respect of pressure vessels of thin walls, such as sizing cylinders


made of copper or any other non-ferrous metal, the safe working
pressure shall be reduced at the rate of 5 per cent of the original
working pressure for every year of its use after the first 5 years, and no
such cylinder shall be continued to be used for more than twenty years
after it was first taken into use.

(3) If no information as to the date of construction, thickness of walls


and safe working pressure is available, the age of the sizing cylinder
shall be determined by the competent person in consultation with the
Chief Inspector from any other particulars available with the Manager
of the factory.

(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.

(5) Every vessel other than part of a prime mover operated at a


pressure greater than atmospheric pressure, and not so constructed as

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.

(6) If during thorough examination doubt arises as to the ability of a


vessel to work safely until the next examination provided for in these
rules, then the competent person shall enter in his report in Form No.
10 a statement mentioning the reasons for authorising the vessel for
further work subject to a lowering of pressure or to more frequent
inspection or subject to both of these requirements.

(7) No vessel which has undergone alterations or repairs shall be taken


into use unless it is thoroughly examined by a competent person.

(8) A report on the result of every examination made shall be


completed in Form No. 10 and signed by the person making the
examination and shall be kept available for perusal by an Inspector.

(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.

(11) The competent person making the report of any examination


under this rule shall, within seven days of the completion of the
examination, send to the Inspector a copy of the report in every case
where the maximum permissible working pressure is reduced, or the
examination shows that the part cannot continue to be used with
safety unless certain repairs are carried out immediately or within a
specified time.

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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.

(13) Nothing in this rule shall apply to-

• (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.

(14) The Chief Inspector may exempt on such conditions as may be


deemed expedient any or all the pressure vessels from compliance
with any or all the provisions of this rule if he is satisfied that the
construction or use of these vessels is such that inspection provisions
are not necessary or are not practicable.

Explanation.- In this rule, 'vessel' means any closed vessel of any


capacity but does not include feed pumps, steam traps, turbine
casings, compressor cylinders, valves, air vessels or pumps, pipe coils
of the normal design, accessories of instruments and appliances, such
as cylinders and piston assemblies used for operating relays and
interlocking types of guards, gas holders with working pressure only
slightly over atmospheric pressure and of capacity less than 5,000
cubic feet, vessels with liquids subject to static head only and hydraulic
operating cylinders other than any communicating with an air loaded
accumulator.

48. Excessive weights.- (1) No man, woman or young person shall be


employed in any factory to lift, carry or move by hand or on head,
unaided by another person, any material, article, tool or appliance
exceeding the following maximum limit in weight:

• (a) adult male ............... 68 lbs


• (b) adult female ............ 50 lbs
• (c) adolescent male ....... 50 lbs
• (d) adolescent female .... 40 lbs
• (e) male child ............... 35 lbs
• (f) female child ............. 30 lbs

(2) No woman, while she is pregnant, shall be employed in any factory


to lift, carry or move by hand or on head, any material, article, tools or
appliance.

49. Protection of eyes.- Effective screens or suitable goggles shall be


provided for the protection of persons employed in or in the immediate
vicinity of the following processes:

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.

50. Minimum dimension of manholes.- Every chamber, tank, vat, pipe,


flue or other confined space in which persons may have to enter and
which may contain dangerous fumes to such extent as to involve risk
of the persons being overcome thereby, shall, unless there is other
effective means of egress, be provided with a manhole which may be
rectangular, oval or circular in shape, and which shall-

• (a) in the case of a rectangular or oval shape, be not less than


16" long and 12" wide;
• (b) in the case of a circular shape, be not less than 16 "in
diameter.

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.

(3) In the case of a factory building or part of a factory building of more


than one storey and in which not less than 20 persons work at any one
time, there shall be provided at least with one substantial stairway
permanently constructed either inside or outside the building and
which affords direct and unimpeded access to ground - level.

(4) In the case of a factory building or part of a factory building in


which 20 or more persons work at any one time above the level of the
ground floor wherein explosive or highly inflammable materials are
used or stored, or which is situated below ground level, the means of
escape shall include at least two separate and substantial stairways
permanently constructed either inside or outside the building and
which afford direct and unimpeded access to ground level.

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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.

(6) In the case of a building constructed or converted for use as a


factory, after coming into force of these rules, the following additional
requirements shall apply:

• (a) at least one of the stairways shall be of fire resisting


materials;
• (b) every hoistway or lift-way inside a factory building shall be
completely enclosed with fire-resisting materials and all means
of access to the hoist or lift shall be fitted with doors of fire-
resisting materials;
• (c) no fire escape stair shall be constructed at an angle greater
than 45 degrees from the horizontal;
• (d) no part of a factory building shall be at a distance (along the
line of travel) of 150 or more from any fire escape stair; and
• (e) no stairway shall be less than 45" in width.

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-

• (a)conform to appropriate Bangladesh standard specification;


• (b) be kept in a position approved by the Inspector and shall be
used for no other purpose than for extinguishing fire; and
• (c) at all times be kept full of water, except where the principal
fire risk arises from inflammable liquid or other substances
where water cannot be used:

Provided that Chief Inspector may, for reasons to be recorded in


writing, relax the requirements of this clause.

(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).

(3) In factories where fire may occur due to inflammable liquids or


grease or paint, the extinguishers to be provided at the scale laid down

80
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.

(5) In factories where fire may occur due to magnesium, aluminum or


zinc dust or shavings or other ignitable metals, the use of liquids,
carbon dioxide or foam type extinguishers shall be prohibited and an
ample supply of clean, fine, dry sand, stone dust or other inert material
shall be kept ready for extinguishing such fires.

(6) Every type of portable fire extinguisher shall be kept mounted in a


position approved by the Inspector:

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.

(7) Every portable fire extinguisher to be provided under sub-rule (2)


shall-

• (a) conform to the appropriate standard specification;


• (b) be kept charged ready for use, properly mounted in a position
approved by the Inspector and accompanied by the maker's
printed instructions for its use; and
• (c) be examined, tested or discharged periodically in accordance
with the maker's recommendation.

(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.

(9) Every worker of the factory should, as far as possible, be trained in


the use of portable fire extinguishers subject to a minimum of at least
one-fourth of the numbers engaged separately in each section of the
factory.

(10) Each factory shall have a trained officer who shall be responsible
for the proper maintenance and upkeep of all fire fighting equipment.

81
(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.

53. Prohibition of smoking and naked lights.- There shall be exhibited


in Bengali and in English languages, a notice prohibiting smoking and
the use of naked lights in any place where they would be dangerous, or
where the Inspector may require, and all other reasonable precautions
against fire shall be taken.

CHAPTER V

WELFARE

54. Washing facilities.- (1) There shall be provided and properly


maintained in every factory for the use of the workers adequate and
suitable facilities for washing which shall include soap and nail brushes
or other suitable means of cleaning, and the facilities shall be
conveniently accessible and shall be kept in a clean and orderly
condition.

(2) Without prejudice to the generality of the foregoing provisions, the


washing facilities shall include-

• (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.

(6) If female workers are employed, separate washing facilities shall be


provided and so enclosed or screened that the interiors are not visible
from any place where persons of the other sex work or pass. The
entrance to such facilities shall bear conspicuous notice in the
language understood by the majority of the workers 'For Women Only'
and shall also be indicated pictorially.

(7) The water-supply to the washing facilities shall be capable of


yielding at least two gallons a day for each person employed in the
factory.

55. First-aid appliances.- The first-aid boxes or cup-boards shall be


distinctively marked with a red cross on a white ground and shall
contain the following equipments:-

• (a) for factories in which the number of persons employed does


not exceed ten or, in the case of factories in which mechanical
power is not used, does not exceed fifty persons, each first-aid
box or cup-board shall contain the following equipments:-
o (i) 6 small sterilized dressings,
o (ii) 3 medium size sterilized dressings,
o (iii) 3 large size sterilized dressings,
o (iv) 3 large size sterilized bum dressings,
o (v) 1 (liquid oz.) bottle containing a 2 per cent alcoholic
solution of iodine,
o (vi) 1 (liquid oz.) bottle containing rectified spirit,
o (vii) one pair of scissors,
o (viii) 1 copy of the first-aid leaflet, and

83
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:

Provided that items xi to xvii (both inclusive) need not be included in


the standard first-aid box or cup-board in case there is a properly

84
equipped ambulance room, or where there is at least one box
containing such items is maintained.

56. Ambulance room: - (1) The ambulance room or dispensary shall be


in charge of a qualified medical practitioner assisted by at least one
qualified compounded and nurse and such subordinate staff as the
Chief Inspector may direct. The medical practitioner shall always be
available on call during working hours.

(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.

(3) Plan and site plan, in duplicate, of the building to be constructed or


adapted as the ambulance room or dispensary shall be submitted for
the approval of the Chief Inspector.

(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-

• (a) a glazed sink with hot and cold water,


• (b) a table with a smooth top of at least 6-0 "x 3-6",
• (c) means for sterilizing instruments,
• (d) a couch,
• (e) two stretchers,
• (f) two buckets or containers with close fitting lids,
• (g) two rubber hot water bags and two ice bags, where required,
• (h) a kettle and spirit stove or other suitable means of boiling
water,
• (i) 12 plain (36" x 4" x1/2") wooden splints,
• j) 12 plain (14" x 3' x 1/2")(k) 6 plain (10" x 2" x 1/2") wooden
splints,
• (1) 6 woollen blankets,
• (m) one pair of artery forceps,
• (n) two medium size sponges,
• (o) 6 hand towels,
• (p) four kidney trays,
• (q) four cakes of carbolic soap,
• (r) 2 glass tumblers and wine glasses,
• (s) 2 clinical thermometers and few hypodermic syringes,
• (t) graduated measuring glasses and teaspoon,
• (u) eye bath arrangements,
• (v) one bottle (2 Ibs.) carbolic lotion 1 in 20,

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.

(7) A record of all cases of accident and sickness treated at the


ambulance room shall be kept and produced to the Inspector or
Certifying Surgeon when required.

(8) The scale of medicines to be provided in the dispensary shall be as


notified by the Chief Inspector from time to time.

57. Canteen.- (1) The owner of every factory as may be specified by


notification in the Official Gazette wherein more than 250 workers are
ordinarily employed shall provide in the factory an adequate canteen
according to the standards specified, in these rules.

(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.

(4) The canteen building shall be constructed in accordance with the


plans approved by the Chief Inspector and shall contain at least a
dining hall, kitchen, store room, pantry and washing places separately
for workers and for utensils:

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:

Provided that in the case of factories existing on the date of


commencement of these rules, the Chief Inspector may, by order in
writing, relax the provision of the sub-rule regarding height.

(6) The doors and windows of a canteen building shall be of flyproof


construction and shall allow adequate ventilation.

(7) The canteen shall be sufficiently lighted at all times when any
person have access to it.

(8)

• (a) In every canteen,-


o (i) all inside walls of rooms and all ceilings and passages
and stair-cases shall be lime-washed or colour-washed at
least once in each year or painted once in every three
years;
o (ii) all wood work shall be varnished or painted once in
every three years;
o (iii) all internal structural iron or steel work shall be
varnished or painted once in every three years;
o (iv) inside walls of the kitchen shall be lime-washed once in
every four months.
• (b) Records of dates on which lime-washing, colour-washing,
varnishing or painting is carried out, shall be maintained in the
Register in Form No. 6.

(9) The canteen building shall be maintained in a clean and hygienic


conditions and its precincts shall be maintained in a clean and sanitary
condition. Waste water shall be carried away in suitable covered drains
and shall not be allowed to accumulate so as to cause a nuisance.
Suitable arrangement shall be made for the collection and disposal of
garbage.

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.

(4) Sufficient tables with impervious tops, chairs or benches shall be


available for the number of workers to be accommodated as specified
in sub-rule (1).

59. Equipment.- (1) There shall be provided and maintained sufficient


utensils, crockery, cutlery, furniture and any other equipment
necessary for the efficient running of the canteen. Suitable clean
clothes for the employees serving in the canteen shall also be provided
and maintained.

(2) The furniture, utensils and other equipment shall be maintained in


a clean and hygienic condition. A service counter, if provided, shall
have a top or smooth and impervious material. Suitable facilities
including an adequate supply of hot water shall be provided for the
cleaning of utensils and equipment.

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.

(2) The accounts pertaining to the canteen shall be audited, once in


every 12 months, by registered accountants and auditors. The balance-
sheet prepared by the said auditors shall be submitted to the Canteen
Managing Committee not later than 2 months after the closing of the
audited accounts:

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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-

• (a) the quality and quantity of foodstuffs to be served in the


canteen;
• (b) the arrangement of the menus;
• (c) the times of meals in the canteen; and
• (d) any other matter as may be found necessary for the purpose
of efficient administration of the canteen.

(2) The Canteen Managing Committee shall consist of an equal number


of persons nominated by the Manager and elected by the workers. The
number of elected workers shall be in-the proportion of 1 for every 1,
000 workers employed in the factory:

Provided that, in no case, there shall be more than 5 or less than 2


workers in the Committee.

(3) The Manager of the factory shall determine supervise the


procedure for elections to the Canteen Managing Committee.

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.

64. Creches.- (1) The creche shall be conveniently accessible to the


mothers of the children accommodated therein and so far as is
reasonably practicable it shall not be situated in close proximity to any
part of the factory where obnoxious fumes, dust or odours are given off
or in which excessively noisy processes are carried on. The planor site
plan, in duplicate, of the building to be constructed or adapted, shall
be submitted for the approval of the Chief Inspector.

(2) The building in which the creche is situated shall be soundly


constructed and all the wall sand roof shall be of suitable heat resisting
materials and shall be water-proof. The floor and internal walk up to a
height of 4 feet from the floor of the creche shall be so laid or finished,
as to provide a smooth impervious surface.

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(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.

(5) The creche shall be adequately furnished and equipped and in


particular there shall be one suitable cot or cradle with necessary
bedding for each child, at least one chair or equivalent seating
accommodation for the use of each mother while she is feeding or
attending to her child and a sufficient supply of suitable toys for the
older children.

(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.

65. Wash room- There shall be in or adjoining the creche a suitable


wash-room for the washing of the children and their-clothing. The
wash-room shall conform to the following standards:-

• (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

WORKING HOURS OF ADULTS

68. Compensatory holidays.- (1) Except in the case of workers engaged


in any work which, for technical reasons, must be allowed under sub-
section (1) of section 52, holidays shall be so spaced that not more
than two holidays are given in one week.

(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.

(3) No worker shall be discharged or dismissed before he has been


given compensatory holiday to which he may be entitled and no such
holiday or holidays shall be reckoned as part of any period of notice
required to be given before discharge or dismissal.

(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.

69. Cash equivalent- The cash equivalent of the advantage accruing


through the concession sale to a worker of food-grains and other
articles shall be computed at the end of every wage period fixed under
section 4 of the Payment of Wages Act, 1936.

70. Manner of calculating the ordinary rate of wages, overtime slips


and muster-roll.- (1) For the purposes of section 58 of the Act the
ordinary rate of wages per hour payable to workers shall be calculated
in the following manner:

• (i) for workers employed on daily wages- 1/9th of the daily


wages;
• (ii) for workers employed on weekly wages-1/48th of the weekly
wages; or
• (iii) for workers employed on monthly wages-1/20th of the
monthly wages.

(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

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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.

(3) Period of overtime work shall be entered in overtime slips, in


duplicate, a copy of which duly signed by the Manager of the factory or
by a person duly authorised by him shall be given to the workers
immediately after completion of the overtime work.

71. Employment in two factories on the same day.- An adult worker


employed in one factory may work on the same day in one or more
other factories provided that-

• (a) he does not thereby change his employer;


• (b) unless working under the provisions of the rule providing for
the exemption of workers engaged on urgent repairs under
clause (a) of sub-section (2) of section 63, he does not work for
longer-periods or for more hours than he might legally have
worked in the factory in which he is employed;
• (c) any time spent in travelling between one factory and another
shall be deemed to be time during which he has worked; and
• (d) in computing any pay due to the worker for overtime, the
total of all hours worked by him in any factory, including any
time necessarily spent in travelling between one factory and
another shall be deemed to be the total hours worked by him on
that day.

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.

(2) There shall be maintained a separate register for each group of


workers classified under section 60.

(3) Where a worker is transferred from one group to another or from


one relay to another, the particulars of his transfer shall be entered
against his name.

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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

EMPLOYMENT OF YOUNG PERSONS AND EXCLUSION OF UNDER-AGE


CHILDREN

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.

75. Register of children worker.-(1) The register of child workers shall


be maintained in Form No. 15.

(2) There shall be maintained a separate register for each group of


children classified under section 70.

(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.

76. Exclusion of under-age children.- No child under the age of 14


years shall be permitted within the work rooms and godowns of any
factory at any time during which work is carried on.

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.

80. Notice to Inspector of lay-off or closure.- The occupier or Manager


of every factory shall give to the Inspector a notice of every case of
lay-off as soon as possible, and of every extended closure of the
factory or any section or department thereof stating the reason for the
lay-off or closure. The particulars of workers working in the factory,
section or department, as the case may be, on the date of the notice,
the number of worker on lay-off or likely to be unemployed on account
of the closure and the possible period of the closure shall be brought to
the notice of the Inspector in writing. The occupier or Manager shall
also send a notice to the Inspector as soon as the factory, section or
department starts working again, stating the number of workers

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.

81. Notice of leave with wages.- (1) As far as circumstances permit,


members of the same family, comprising husband, wife and children,
shall be allowed leave under section 78 on the same date.

(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.

82. Payment of wages if the worker dies.- If a worker dies before


availing himself of leave with wages due to him, his leave pay shall be
paid to his legal heir.

CHAPTER VIII

SPECIAL PROVISIONS

83. Dangerous operation.- (1) The following operations shall be


considered hazardous operations for the purpose of section 87-

• (a) manufactures of aerated water and processes incidental


thereto;
• (b) electrolytic plating or oxidation of metal articles by use of
electrolytes containing chromic acids or other chromium
compounds;
• (c) manufacture or repair of electric accumulators;
• (d) glass manufacture;
• (e) grinding or glazing of metals;
• (f) manufacture, treatment or handling of lead, lead alloys or
certain compounds of lead;
• (g) generation of gas from dangerous petroleum;
• (h) cleaning or smoothing of articles by jet of sand, metal shot or
grit or other abrasive propelled by a blast of compressed air of
steam;
• (i) liming and tanning of raw hids and skins and processes
incidental thereto;
• (j) feeding of jute, hemp or other fibres into softening machines;
• (k) lifting, stacking, storing and shipping of bales in and from
finished good's godowns of Jute Mills;
• (l) manufacture, use or storage of cellulose solutions;
• (m) manufacture of chromic acid or manufacture or recovery of
the bichromate of sodium, potassium or ammonium;

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.

(2) The Chief Inspector shall, by instructions in writing, specify the


requirements for the purpose of clauses (b), (c), (d) and (e) of section
87.

84. Reporting of accidents.- (1) When there occurs in any factory an


accident to any person which results in death or such injury that there
is no reasonable prospect that he will be able to resume his
employment in the factory within 20 days, such accidents shall be
called in all communication as 'Fatal' or 'Serious', as the case may be,
and the Manager of the factory shall give notice of the occurrence
forthwith by telephone, telegram or special messenger to-

• (a) the Chief Inspector,


• (b) the Deputy Commissioner,
• (c) Inspector,
• (d) the Commissioner for Workmen's Compensation appointed
under section 20 of the Workmen's Compensation Act, 1923; and
• (e) in the case of fatal accident only, the Officer-in-Charge of the
police station within the local limits of which the factory is
located.

(2) Reports by special messenger shall be in Form No. 18 and those


sent by telephone or telegram shall be confirmed within 24 hours by a
written report in that Form.

85. Minor accidents.- When there occurs in any factory an accident to


any person less serious than those described in rule 84 but which
prevents or is likely to prevent him from resuming the employment in
the factory within 48 hours after the accident occurred, such accident
shall be recorded by the Manager and reported by him in Form No. 18
as soon as practicable, but in any case within 7 days of its occurrence,
to the authorities mentioned in clauses (a), (b) and (c) of rule 84. Such
accidents shall be called in the communications as 'Minor Accidents'.

86. Supplementary reports.- (1) When an accident which has been


reported to the Inspector as either 'Serious' or 'Minor' afterwards
proves to be 'Fatal', the Manager of the factory shall make the
necessary corrections in a supplementary report which shall be sent

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.

89. Notice of occupational and poisoning disease.- Notices in Form Nos.


19 and 20 shall be sent forthwith both to the Chief Inspector and to the
Certifying Surgeon by the Manager of a factory in which there occurs a
case of lead, phosphorous, mercury, manganese, arsenic carbon
bisulphide or benzene poisoning, or poisoning by nitrous fumes, or by
halogens or halogen derivatives of the hydrocarbons or the aliphatic
series, of or chrome ulceration, anthrax, silicosis, toxic anaemia, toxic
jaundice, primary epitheliomatous cancer of the skin, or pathological
manifestations due to radium of other radio-active substances or X-
rays.

CHAPTER IX

SUPPLEMENTAL

90. Procedure in appeals.-(1) An appeal presented under section 108


shall be in the form of a memorandum setting forth concisely the

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.

(2) On receipt of the memorandum of appeal, the appellate authority


shall, if the appellant has requested that the appeal should be heard
with the aid of assessors, call upon the appellant to deposit an amount
to be fixed by it for payment to the assessors, if necessary after
conclusion of the appeal.

(3) On receipt of the memorandum of appeal, the appellate authority


shall, if it thinks fit or if the appellant has requested that the appeal
should be heard with the aid of assessors, call upon the registered
association of employers declared under sub-rule (4) to be
representative of the industry concerned to appoint an assessor within
a period of 14 days. If an assessor is appointed by such association,
the appellate authority shall appoint a second assessor itself. It shall
then fix a date and place for the hearing of the appeal and shall give
due notice of such date and place to the appellant and to the Chief
Inspector or, as the case may be. Inspector, whose order is appealed
against and also to the two assessors.

(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-

• (a) if the appellant is a member of one such association it shall


be that association;
• (b) if he is a member of more than one such association, it shall
be the association which desires that the assessor should be
appointed.
• (c) if the appellant does not declare in the memorandum of
appeal that he is a member of any association, or if he does not
declare which of such associations desires to appoint the
assessor, then the appellate authority shall call upon the
association which it considers to be the best fitted to represent
the industry, to appoint the assessor.

(6) An assessor appointed in accordance with the provisions of sub-


rules (3) and (5) shall receive, for the hearing of appeal, a fee to be
fixed by the appellate authority, subject to a maximum of fifty taka per

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-

• (a) annual returns, in duplicate, in Form Nos. 21, 22, 23 and 24


by the 31st January of the year subsequent to that to which it
relates; and
• (b) a half-yearly return in Form No. 25 by the 15th July and 15th
January each year.

CHAPTER X

WELFARE OFFICERS

93. Number of welfare officers.- In every factory where five hundred or


more workers are ordinarily employed there shall be appointed at least
one welfare officer, and when the number of

workers exceed two thousand, one welfare officer shall be appointed


for every two thousand workers or a fraction thereof.

95. Supply of information.- Every occupier or Manager of a factory shall


send a report to the Chief Inspector as soon as a Welfare Officer is
appointed. A report on the termination of employment of such an
officer shall also be sent to the Chief Inspector within seven days of the
termination of service of an such an officer.

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.

98. Service of notice.- Any notice or order required by the provisions of


the Act or these rules to be served on any person shall be served by
tendering the notice or order or sending it by registered post to the
person for whom it is intended.

99. Information required by the Inspector.- The occupier or Manager of


every factory shall furnish any information that an Inspector may
require for the purpose of satisfying himself whether any provision of
the Act has been carried out. Any information, if demanded during the
course of an inspection, shall be complied with forthwith if the
information is available in the factory, or, if demanded in writing, shall
be complied with within seven days of receipt thereof.

100. Register of accidents and dangerous occurrence.- The Manager of


every factory shall maintain a Register of all accidents and dangerous
occurrences which occur in the factory in Form No. 28.

101. Filing and preservation of Inspector's reports, letters, etc.- All


certificates, orders, letters, reports or other documents issued by the
Inspector or other officer duly appointed in this behalf by the
Government with regard to the fitness of safety of the factory or any
portion of its buildings, works, machinery and plants, apparatus or
ways, or with respect to the fitness of workers employed in the factory
shall be properly filed and preserved for a period of three years and
shall be available in the factory for examination by the Inspector.

100
Workmen's Compensation Act, 1923.

1. SHORT TITLE, EXTENT AND COMMENCEMENT. - (1) This Act may be


called the Workmen's Compensation Act, 1923.

(2) It extends to the whole of India.

(3) It shall come into force on the first day of July, 1924.

2. DEFINITIONS. - (1) In this Act, unless there is anything repugnant in


the subject or context, - (a) Omitted

(b) "Commissioner" means a Commissioner for Workmen's


Compensation appointed under section 20;

(c) "compensation" means compensation as provided for by this Act;

(d) "dependent" means any of the following relatives of a deceased


workman, namely :- (i) a widow, a minor legitimate or adopted son,
and unmarried legitimate or adopted daughter, or a widowed mother;
and

(ii) if wholly dependent on the earnings of the workman at the time of


his death, a son or a daughter who has attained the age of 18 years
and who is infirm;

(iii) if wholly or in part dependent on the earnings of the workman at


the time of his death, (a) a widower,

(b) a parent other than a widowed mother,

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,

(d) a minor brother or an unmarried sister or a widowed sister if a


minor,

(e) a widowed daughter-in-law,

(f) a minor child of a pre-deceased son,

(g) a minor child of a pre-deceased daughter where no parent of the


child is alive, or

(h) a paternal grandparent if no parent of the workman is alive.

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;

(e) "employer" includes any body of persons whether incorporated or


not and any managing agent of an employer and the legal
representative of a deceased employer, and, when the services of a
workman are temporarily lent or let on hire to another person by the
person with whom the workman has entered into a contract of service
or apprenticeship, means such other person while the workman is
working for him;

(f) "managing agent" means any person appointed or acting as the


representative of another person for the purpose of carrying on such
other person's trade or business, but does not include an individual
manager subordinate to an employer;

(ff) "minor" means a person who has not attained the age of 18 years;

(g) "partial disablement" means, where the disablement is of a


temporary nature, such disablement as reduces the earning capacity
of a workman in any employment in which he was engaged at the time
of the accident resulting in the disablement, and, where the
disablement is of a permanent nature, such disablement as reduces his
earning capacity in every employment which he was capable of
undertaking at that time :

Provided that every injury specified in Part II of Schedule I shall be


deemed to result in permanent partial disablement;

102
(h) "prescribed" means prescribed by rules made under this Act;

(i) "qualified medical practitioner" means any person registered under


any Central Act, Provincial Act, or an Act of the Legislature of a State
providing for the maintenance of a register of medical practitioners, or,
in any area where no such last-mentioned Act is in force, any person
declared by the State Government, by notification in the Official
Gazette, to be a qualified medical practitioner for the purposes of this
Act;

(k) "seaman" means any person forming part of the crew of any ship,
but does not include the master of the ship;

(l) "total disablement" means such disablement, whether of a


temporary or permanent nature, as incapacitates a workman for all
work which he was capable of performing at the time of the accident
resulting in such disablement :

Provided that permanent total disablement shall be deemed to result


from every injury specified in Part I of Schedule I or from any
combination of injuries specified in Part II thereof where the aggregate
percentage of the loss of earning capacity, as specified in the said Part
II against those injuries, amounts to one hundred per cent or more;

(m) "wages" includes any privilege or benefit which is capable of being


estimated in money, other than a travelling allowance or the value of
any travelling concession or a contribution paid by the employer a
workman towards any pension or provident fund or a sum paid to a
workman to cover any special expenses entailed on him by the nature
of his employment;

(n) "workman" means any person (other than a person whose


employment is of a casual nature and who is employed otherwise than
for the purposes of the employer's trade or business) who is - (i) a
railway servant as defined in clause (34) of section 2 of the Railways
Act, 1989 (24 of 1989), not permanently employed in any
administrative, district or sub-divisional office of a railway and not
employed in any such capacity as is specified in Schedule II, or (ia) (a)
a master, seaman or other member of the crew of a ship,

(b) a captain or other member of the crew of an aircraft,

(c) a person recruited as driver, helper, mechanic, cleaner or in any


other capacity in connection with a motor vehicle,

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

(ii) employed in any such capacity as is specified in Schedule II,


whether the contract of employment was made before or after the
passing of this Act and whether such contract is expressed or implied,
oral or in writing; but does not include any person working in the
capacity of a member of the Armed Forces of the Union; and any
reference to a workman who has been injured shall, where the
workman is dead, include a reference to his dependants or any of
them.

(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.

(3) The Central Government or the State Government, by notification


in the Official Gazette, after giving not less than three months' notice
of its intention so to do, may, by a like notification, add to Schedule II
any class of persons employed in any occupation which it is satisfied is
a hazardous occupation, and the provisions of this Act shall thereupon
apply, in case of a notification by the Central Government, within the
territories to which the Act extends, or, in the case of a notification by
the State Government, within the State, to such classes of persons :

Provided that in making addition, the Central Government or the State


Government, as the case may be, may direct that the provisions of this
Act shall apply to such classes of persons in respect of specified
injuries only.

3. EMPLOYER'S LIABILITY FOR COMPENSATION. - (1) If personal injury is


caused to a workman by accident arising out of and in the course of his
employment, his employer shall be liable to pay compensation in
accordance with the provisions of this Chapter :

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;

(b) in respect of any injury, not resulting in death or permanent total


disablement, caused by an accident which is directly attributable to -

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(i) the workman having been at the time thereof under the influence of
drink or drugs, or

(ii) the willful disobedience of the workman to an order expressly


given, or to a rule expressly framed, for the purpose of securing the
safety of workmen, or

(iii) the willful removal or disregard by the workman of any safety


guard or other device which he knew to have been provided for the
purpose of securing the safety of workmen,

(2) If a workman employed in any employment specified in Part A of


Schedule III contracts any disease specified therein as an occupational
disease peculiar to that employment, or if a workman, whilst in the
service of an employer in whose service he has been employed for a
continuous period of not less than six months (which period shall not
include a period of service under any other employer in the same kind
of employment) in any employment specified in Part B of Schedule III,
contracts any disease specified therein as an occupational disease
peculiar to that employment, or if a workman whilst in the service of
one or more employers in any employment specified in Part C of
Schedule III, for such continuous period as the Central Government
may specify in respect of each such employment, contracts any
disease specified therein as an occupational disease peculiar to that
employment, the contracting of the disease shall be deemed to be an
injury by accident within the meaning of this section and, unless the
contrary is proved, the accident shall be deemed to have arisen out of,
and in the course of, the employment :

Provided that if it is proved, - (a) that a workman whilst in the service


of one or more employers in any employment specified in Part C of
Schedule III has contracted a disease specified therein as an
occupational disease peculiar to that employment during a continuous
period which is less than the period specified under this sub-section for
that employment, and

(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 :

Provided further that if it is proved that a workman who having served


under any employer in any employment specified in Part B of Schedule
III or who having served under one or more employers in any
employment specified in Part C of that Schedule, for a continuous
period specified under this sub-section for that employment and he has
after the cessation of such service contracted any disease specified in

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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.

(2A) If a workman employed in any employment specified in Part C of


Schedule III contracts any occupational disease peculiar to that
employment, the contracting whereof is deemed to be an injury by
accident within the meaning of this section, and such employment was
under more than one employer, all such employers shall be liable for
the payment of the compensation in such proportion as the
Commissioner may, in the circumstances, deem just.

(3) The Central Government or the State Government, after giving, by


notification in the Official Gazette, not less than three months' notice
of its intention so to do, may, by a like notification, add any description
of employment to the employments specified in Schedule III, and shall
specify in the case of employments so added the diseases which shall
be deemed for the purposes of this section to be occupational diseases
peculiar to those employments respectively, and thereupon the
provisions of sub-section (2) shall apply In the case of a notification by
the Central Government, within the territories to which this Act
extends or, in case of a notification by the State Government, within
the State as if such diseases had been declared by this Act to be
occupational diseases peculiar to those employments.

(4) Save as provided by Sub-sections (2), (2A) and (3), no


compensation shall be payable to a workman in respect of any disease
unless the disease is directly attributable to a specific injury by
accident arising out of and in the course of his employment.

(5) Nothing herein contained shall be deemed to confer any right to


compensation on a workman in respect of any injury if he has
instituted in a Civil Court a suit for damages in respect of the injury
against the employer or any other person; and no suit for damages
shall be maintainable by a workman in any Court of law in respect of
any injury - (a) if he has instituted a claim to compensation in respect
of the injury before a Commissioner; or

(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.

4. AMOUNT OF COMPENSATION. - (1) Subject to the provisions of this


Act, the amount of compensation shall be as follows, namely :- (a)

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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;

(b) where permanent total an amount equal to disablement results


from sixty the injury per cent of the monthly wages of the injured
workman multiplied by the relevant factor, or an amount of sixty
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;

Explanation II : Where the monthly wages of a workman exceed two


thousand rupees, his monthly wages for the purposes of clause (a) and
clause (b) shall be deemed to be two thousand rupees only;

(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

(ii) in the case of an injury not specified in Schedule I, such percentage


of the compensation payable in the case of permanent total
disablement as is proportionate to the loss of earning capacity (as
assessed by the qualified medical practitioner) permanently caused by
the injury;

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;

Explanation II : In Assessing the loss of earning capacity for the


purposes of sub-clause (ii) the qualified medical practitioner shall have
due regard to the percentages of loss of earning capacity in relation to
different injuries specified in Schedule I;

(d) Where temporary a half monthly payment of the sum disablement,


whether equivalent to twenty-five per cent of total or partial, results

107
monthly wages of the workman, to from the injury be paid in
accordance with the provisions of sub-section (2).

(1A) Notwithstanding anything contained in sub-section (1), while


fixing the amount of compensation payable to a workman in respect of
an accident occurred outside India, the Commissioner shall take into
account the amount of compensation, if any, awarded to such
workman in accordance with the law of the country in which the
accident occurred and shall reduce the amount fixed by him by the
amount of compensation awarded to the workman in accordance with
the law of that country.

(2) The half-monthly payment referred to in clause (d) of sub-section


(1) shall be payable on the sixteenth day - (i) from the date of
disablement where such disablement lasts for a period of twenty-eight
days or more; or

(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

(b) no half-monthly payment shall in any case exceed the amount, if


any, by which half the amount of the monthly wages of the workman
before the accident exceeds half the amount of such wages which he is
earning after the accident.

Explanation : Any payment or allowance which the workman has


received from the employer towards his medical treatment shall not be
deemed to be a payment or allowance received by him by way of
compensation within the meaning of clause (a) of the proviso.

4A. COMPENSATION TO BE PAID WHEN DUE AND PENALTY FOR


DEFAULT. - (1) Compensation under section 4 shall be paid as soon as
it falls due.

(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,

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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.

(3) Where any employer is in default in paying the compensation due


under this Act within one month from the date it fell due, the
Commissioner shall - (a) direct that the employer shall, in addition to
the amount of the arrears, pay simple interest thereon at the rate of
twelve per cent per annum or at such higher rate not exceeding the
maximum of the lending rates of any scheduled bank as may be
specified by the Central Government, by notification in the Official
Gazette, on the amount due; and

(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.

Explanation : For the purposes of this sub-section, "scheduled bank"


means a bank for the time being included in the Second Schedule to
the Reserve Bank of India Act, 1934 (2 of 1934).

(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.

5. METHOD OF CALCULATING WAGES. - In this Act and for the purposes


thereof the expression "monthly wages" means the amount of wages

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;

(b) where the whole of the continuous period of service immediately


preceding the accident during which the workman was in the service of
the employer who is liable to pay the compensation was less than one
month, the monthly wages of the workman shall be the average
monthly amount which, during the twelve months immediately
preceding the accident, was being earned by a workman employed on
the same work by the same employer, or, if there was no workman so
employed, by a workman employed on similar work in the same
locality;

(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.

Explanation : A period of service shall, for the purposes of this section


be deemed to be continuous which has not been interrupted by a
period of absence from work exceeding fourteen days.

6. REVIEW. - (1) Any half-monthly payment payable under this Act,


either under an agreement between the parties or under the order of a
Commissioner, may be reviewed by the Commissioner, on the
application either of the employer or of the workman accompanied by
the certificate of a qualified medical practitioner that there has been a
change in the condition of the workman or, subject to rules made
under this Act, on application made without such certificate.

(2) Any half-monthly payment may, on review under this section,


subject to the provisions of this Act, be continued, increased,
decreased or ended, or if the accident is found to have resulted in
permanent disablement, be converted to the lump sum to which the
workman is entitled less any amount which he has already received by
way of half-monthly payments.
7. COMMUTATION OF HALF-MONTHLY PAYMENTS. - Any right to receive
half-monthly payments may, by agreement between the parties or, if

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.

8. DISTRIBUTION OF COMPENSATION. - (1) No payment of


compensation in respect of a workman whose injury has resulted in
death, and no payment of a lump sum as compensation to a woman or
a person under a legal disability, shall be made otherwise than by
deposit with the Commissioner, and no such payment made directly by
an employer shall be deemed to be a payment of compensation :

Provided that, in the case of a deceased workman, an employer may


make to any dependant advances on account of compensation of an
amount equal to three months' wages of such workman and so much
of such amount as does not exceed the compensation payable to that
dependant shall be deducted by the Commissioner from such
compensation and repaid to the employer.

(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.

(3) The receipt of the Commissioner shall be a sufficient discharge in


respect of any compensation deposited with him.

(4) On the deposit of any money under sub-section (1), as


compensation in respect of a deceased workman the Commissioner
shall, if he thinks necessary, cause notice to be published or to be
served on each dependant in such manner as he thinks fit, calling upon
the dependants to appear before him on such date as he may fix for
determining the distribution of the compensation.

If the Commissioner is satisfied after any inquiry which he may deem


necessary, that no dependant exists, he shall repay the balance of the
money to the employer by whom it was paid.

The Commissioner shall, on application by the employer, furnish a


statement showing in detail all disbursements made.

(5) Compensation deposited in respect of a deceased workman shall,


subject to any deduction made under sub-section (4), be apportioned
among the dependants of the deceased workman or any of them in
such proportion as the Commissioner thinks fit, or may, in the
discretion of the Commissioner, be allotted to any one dependant.

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(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.

(8) Where, on application made to him in this behalf or otherwise, the


Commissioner is satisfied that, on account of neglect of children on the
part of a parent or on account of the variation of the circumstances of
any dependant or for any other sufficient cause, an order of the
Commissioner as to the distribution of any sum paid as compensation
or as to the manner in which any sum payable to any such dependant
is to be invested, applied or otherwise dealt with, ought to be varied,
the Commissioner may make such orders for the variation of the
former order as he thinks just in the circumstances of the case :

Provided that no such order prejudicial to any person shall be made


unless such person has been given an opportunity of showing cause
why the order should not be made, or shall be made in any case in
which it would involve the repayment by a dependant of any sum
already paid to him.

(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.

9. COMPENSATION NOT TO BE ASSIGNED, ATTACHED OR CHARGED. -


Save as provided by this Act, no lump sum or half-monthly payment
payable under this Act shall in-any way be capable of being assigned
or charged or be liable to attachment or pass to any person other than
the workman by operation of law, nor shall any claim be set off against
the same.

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 that, where the accident is the contracting of a disease in


respect of which the provisions of sub-section (2) of section 3 are
applicable, the accident shall be deemed to have occurred on the first
of the days during which the workman was continuously absent from
work in consequence of the disablement caused by the disease :

Provided further that in case of partial disablement due to the


contracting of any such disease and which does not force the workman
to absent himself from work, the period of two years shall be counted
from the day the workman gives notice of the disablement to his
employer :

Provided further that if a workman who, having been employed in an


employment for a continuous period, specified under sub-section (2) of
section 3 in respect of that employment, ceases to be so employed and
develops symptoms of an occupational disease peculiar to that
employment within two years of the cessation of employment, the
accident shall be deemed to have occurred on the day on which the
symptoms were first detected.

Provided further that the want of or any defect or irregularity in a


notice shall not be a bar to the entertainment of a claim - (a) if the
claim is preferred in respect of the death of a workman resulting from
an accident which occurred on the premises of the employer, or at any
place where the workman at the time of the accident was working
under the control of the employer or of any person employed by him,
and the workman died on such premises or at such place, or on any
premises belonging to the employer, or died without having left the
vicinity of the premises or place where the accident occurred, or (b) if
the employer or any one of several employers or any person
responsible to the employer for the management of any branch of the
trade or business in which the injured workman was employed had
knowledge of the accident from any other source at or about the time
when it occurred :

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.

(4) A notice under this section may be served by delivering it at, or


sending it by registered post addressed to, the residence or any office
or place of business of the person on whom it is to be served, or, where
a notice-book is maintained, by entry in the notice book.

10A. POWER TO REQUIRE FROM EMPLOYERS STATEMENTS REGARDING


FATAL ACCIDENTS. - (1) Where a Commissioner receives information
from any source that a workman has died as a result of an accident
arising out of and in the course of his employment, he may send by
registered post a notice to the workman's employer requiring him to
submit within thirty days of the service of the notice, a statement, in
the prescribed form, giving the circumstances attending the death of
the workman, and indicating whether, in the opinion of the employer,
he is or is not liable to deposit compensation on account of the death.

(2) If the employer is of opinion that he is liable to deposit


compensation, he shall make the deposit within thirty days of the
service of the notice.

(3) If the employer is of opinion that he is not liable to deposit


compensation, he shall in his statement indicate the grounds on which
he disclaims liability.

(4) Where the employer has so disclaimed liability, the Commissioner,


after such enquiry as he may think fit, may inform any of the
dependants of the deceased workman that it is open to the
dependants to prefer a claim for compensation, and may give them
such other further information as he may think fit.

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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:

Provided that where the State Government has so prescribed the


person required to give the notice may instead of sending such report
to the Commissioner send it to the authority to whom he is required to
give the notice.

Explanation : "Serious bodily injury" means an injury which involves, or


in all probability will involve, the permanent loss of the use of, or
permanent injury to, any limb, or the permanent loss of or injury to the
sight or hearing, or the fracture of any limb, or the enforced absence of
the injured person from work for a period exceeding twenty days.

(2) The State Government may, by notification in the Official Gazette,


extend the provisions of sub-section (1) to any class of premises other
than those coming within the scope of that sub-section, and may, by
such notification, specify the persons who shall send the report to the
Commissioner.

(3) Nothing in this section shall apply to factories to which the


Employees' State Insurance Act, 1948 (34 of 1948), applies.

11. MEDICAL EXAMINATION. - (1) Where a workman has given notice of


an accident, he shall, if the employer, before the expiry of three days
from the time at which service of the notice has been effected, offers
to have him examined free of charge by a qualified medical
practitioner, submit himself for such examination, and any workman
who is in receipt of a half-monthly payment under this Act shall, if so
required, submit himself for such examination from time to time :

Provided that a workman shall not be required to submit himself for


examination by a medical practitioner otherwise than in accordance
with rules made under this Act, or at more frequent intervals than may
be prescribed.

(2) If a workman, on being required to do so by the employer under


sub-section (1) or by the Commissioner at any time, refuses to submit
himself for examination by a qualified medical practitioner or in any
way obstructs the same, his right to compensation shall be suspended

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.

(3) If a workman, before the expiry of the period within which he is


liable under sub-section (1) to be required to submit himself for
medical examination, voluntarily leaves without having been so
examined the vicinity of the place in which he was employed, his right
to compensation shall be suspended until he returns and offers himself
for such examination.

(4) Where a workman, whose right to compensation has been


suspended under sub-section (2) or sub-section (3), dies without
having submitted himself for medical examination as required by
either of those sub-sections, the Commissioner may, if he thinks fit,
direct the payment of compensation to the dependants of the
deceased workman.

(5) Where under sub-section (2) or sub-section (3) a right to


compensation is suspended, no compensation shall be payable in
respect of the period of suspension, and, if the period of suspension
commences before the expiry of the waiting period referred to in
clause (d) of sub-section (1) of section 4, the waiting period shall be
increased by the period during which the suspension continues.

(6) Where an injured workman has refused to be attended by a


qualified medical practitioner whose services have been offered to him
by the employer free of charge or having accepted such offer has
deliberately disregarded the instructions of such medical practitioner,
then if it is proved that the workman has not thereafter been regularly
attended by a qualified medical practitioner or having been so
attended has deliberately failed to follow his instructions and that such
refusal, disregard or failure was unreasonable in the circumstances of
the case and that the injury has been aggravated thereby, the injury
and resulting disablement shall be deemed to be of the same nature
and duration as they might reasonably have been expected to be if the
workman had been regularly attended by a qualified medical
practitioner, whose instructions he had followed, and compensation, if
any, shall be payable accordingly.

12. CONTRACTING. - (1) Where any person (hereinafter in this section


referred to as the principal) in the course of or for the purposes of his
trade or business contracts with any other person (hereinafter in this
section referred to as the contractor) for the execution by or under the
contractor of the whole or any part of any work which is ordinarily part
of the trade or business of the principal, the principal shall be liable to

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.

(2) Where the principal is liable to pay compensation under this


section, he shall be entitled to be indemnified by the contractor, or any
other person from whom the workman could have recovered
compensation and where a contractor who is himself a principal is
liable to pay compensation or to indemnify a principal under this
section he shall be entitled to be indemnified by any person standing
to him in the relation of a contractor from whom the workman could
have recovered compensation, and all questions as to the right to and
the amount of any such indemnity shall, in default of agreement, be
settled by the Commissioner.

(3) Nothing in this section shall be construed as preventing a workman


from recovering compensation from the contractor instead of the
principal.

(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.

14. INSOLVENCY OF EMPLOYER. - (1) Where any employer has entered


into a contract with any insurers in respect of any liability under this
Act to any workman, then in the event of the employer becoming
insolvent or making a composition or scheme of arrangement with his
creditors or, if the employer is a company, in the event of the company
having commenced to be wound up, the rights of the employer against
the insurers as respects that liability shall, notwithstanding anything in
any law for the time being in force relating to insolvency or the winding

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.

(4) There shall be deemed to be included among the debts which


under section 49 of the Presidency-towns Insolvency Act, 1909 (3 of
1909), or under section 61 of the Provincial Insolvency Act, 1920 (5 of
1920), or under section 530 of the Companies Act, 1956 (1 of 1956),
are in the distribution of the property of an insolvent or in the
distribution of the assets of a company being wound up to be paid in
priority to all other debts, the amount due in respect of any
compensation the liability wherefore accrued before the date of the
order of adjudication of the insolvent or the date of the
commencement of the winding up, as the case may be, and those Acts
shall have effect accordingly.

(5) Where the compensation is a half-monthly payment, the amount


due in respect thereof shall, for the purposes of this section, be taken
to be the amount of the lump sum for which the half-monthly payment
could, if redeemable, be redeemed if application were made for that
purpose under section 7, and a certificate of the Commissioner as to
the amount of such sum shall be conclusive proof thereof.

(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

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the company being wound up has entered into such a contract with
insurers as is referred to in sub-section (1).

(7) This section shall not apply where a company is wound up


voluntarily merely for to purposes of reconstruction or of
amalgamation with another company.

14A. COMPENSATION TO BE FIRST CHARGE ON ASSETS TRANSFERRED


BY EMPLOYER. - Where an employer transfers his assets before any
amount due in respect of any compensation, the liability whereof
accrued before the date of the transfer has-been paid, such amount
shall, notwithstanding anything contained in any other law for the time
being in force, be a first charge on that part of the assets so
transferred as consists of immovable property.

15. SPECIAL PROVISIONS RELATING TO MASTERS AND SEAMEN. - This


Act shall apply in the case of workmen who are masters of ships or
seamen 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 master of the ship, be served on the master of the
ship as if he were the employer, but where the accident happened and
the disablement commenced on board the ship, it shall not be
necessary for any seaman to give any notice of the accident.

(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.

Provided that the Commissioner may entertain any claim to


compensation in any case notwithstanding that the claim has not been
preferred in due time as provided in this sub-section, if he is satisfied
that the failure so to prefer the claim was due to sufficient cause.

(3) Where an injured master or seaman is discharged or left behind in


any part of India or in any foreign country any depositions taken by
any Judge or Magistrate in that part or by any Consular Officer in the
foreign country and transmitted by the person by whom they are taken
to the Central Government or any State Government shall, in any
proceedings for enforcing the claim, be admissible in evidence : (a) if
the deposition is authenticated by the signature of the Judge, '
Magistrate or Consular Officer before whom it is made;

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(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

(c) if the deposition was made in the course of a criminal proceeding,


on proof that the deposition was made in the presence of the person
accused; and it shall not be necessary in any case to prove the
signature or official character of the person appearing to have signed
any such deposition and a certificate by such person that the
defendant or the person accused had an opportunity of cross-
examining the witness and that the deposition if made in a criminal
proceeding was made in the presence of the person accused shall,
unless the contrary is proved, be sufficient evidence that he had that
opportunity and that it was so made.

(4) No half-monthly payment shall be payable in respect of the period


during which the owner of the ship is, under any law in force for the
time being relating to merchant shipping, liable to defray the expenses
of maintenance of the injured master or seaman.

(5) No compensation shall be payable under this Act in respect of any


injury in respect of which provision is made for payment of a gratuity,
allowance or pension under the War Pensions and Detention
Allowances (Mercantile Marine, etc.) Scheme, 1939, or the War
Pensions and Detention Allowances (Indian Seamen, etc.) Scheme,
1941, made under the Pensions (Navy, Army, Air Force and Mercantile
Marine) Act, 1939, or under War pensions and Detention Allowances
(Indian Seaman) Scheme, 1942, made by the Central Government.

(6) Failure to give a notice or make a claim or commence proceedings


within the time required by this Act shall not be a bar to the
maintenance of proceedings under this Act in respect of any personal
injury, if - (a) an application has been made for payment in respect of
the injury under any of the schemes referred to in the preceding
clause, 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.

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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 :

Provided that the Commissioner may entertain any claim for


compensation in any case notwithstanding that the claim has not been
preferred in due time as provided in this sub-section, if he is satisfied
that the failure so to prefer the claim was due to sufficient cause.

(3) Where an injured captain or other member of the crew of the


aircraft is discharged or left behind in any part of India or in any other
country, any depositions taken by any Judge or Magistrate in that part
or by any Consular Officer in the foreign country and transmitted by
the person by whom they are taken to the Central Government or any
State Government shall, in any proceedings for enforcing the claims,
be admissible in evidence - (a) if the deposition is authenticated by the
signature of the Judge, Magistrate or Consular Officer before whom it is
made;

(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;

(c) if the deposition was made in the course of a criminal proceeding,


on proof that the deposition was made in the presence of the person
accused, and it shall not be necessary in any case to prove the
signature or official character of the person appearing to have signed
any such deposition and a certificate by such person that the
defendant or the person accused had an opportunity of cross-
examining the witness and that the deposition if made in a criminal
proceeding was made in the presence of the person accused shall,
unless the contrary is proved, be sufficient evidence that he had that
opportunity and that it was so made.

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,

(2) In the case of death of the workman in respect of whom the


provisions of this section shall apply, the claim for compensation shall
be made within one year after the news of the death has been
received by the claimant :

Provided that the Commissioner may entertain any claim for


compensation in any case notwithstanding that the claim has not been
preferred in due time as provided in this sub-section, if he is satisfied
that the failure so to prefer the claim was due to sufficient cause.

(3) Where an injured workman is discharged or left behind in any part


of India or in any other country any depositions taken by any Judge or
Magistrate in that part or by any Consular Officer in the foreign country
and transmitted by the person by whom they are taken to the Central
Government or any State Government shall, in any proceedings for
enforcing the claims, be admissible in evidence - (a) if the deposition is
authenticated by the signature of the Judge, Magistrate or Consular
Officer before whom it is made;

(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;

(c) if the deposition was made in the course of a criminal proceeding,


on proof that the deposition was made in the presence of the person
accused, and it shall not be necessary in any case to prove the
signature or official character of the person appearing to have signed
any such deposition and a certificate by such person that the
defendant or the person accused had an opportunity of cross-
examining the witness and that the deposition if made in a criminal
proceeding was made in the presence of the person accused shall,
unless the contrary is proved, be sufficient evidence that he had that
opportunity and that it was so made.

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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.]

18A. PENALTIES. - (1) Whoever - (a) fails to maintain a notice-book


which he is required to maintain under sub-section (3) of section 10, or

(b) fails to send to the Commissioner a statement which he is required


to send under sub-section (1) of section 10A, or

(c) fails to send a report which he is required to send under section


10B, or

(d) fails to make a return which he is required to make under section


16, shall be punishable with fine which may extend to five thousand
rupees.

(2) No prosecution under this section shall be instituted except by or


with the previous sanction of a Commissioner, and no Court shall take
cognizance of any offence under this section, unless complaint thereof
is made within six months of the date on which the alleged commission
of the offence came to the knowledge of the Commissioner.

19. REFERENCE TO COMMISSIONERS. - (1) If any question arises in any


proceedings under this Act as to the liability of any person to pay
compensation (including any question as to whether a person injured is
or is not a workman) or as to the amount or duration of compensation
(including any question as to the nature or extent of disablement), the
question shall, in default of agreement, be settled by a Commissioner.

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.

20. APPOINTMENT OF COMMISSIONER. - (1) The State Government


may, by notification in the Official Gazette, appoint any person to be a
Commissioner for Workmen's Compensation for such area as may be
specified in the notification.

(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.

(4) Every Commissioner shall be deemed to be a public servant within


the meaning of the Indian Penal Code (45 of 1860).

21. VENUE OF PROCEEDINGS AND TRANSFER. - (1) Where any matter


under this Act is to be done by or before a Commissioner, the same
shall, subject to the provisions of this Act and to any rules made
hereunder, be done by or before the Commissioner for the area in
which - (a) the accident took place which resulted in the injury; or

(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.

(2) If a Commissioner is satisfied that any matter arising out of any


proceedings pending before him can be more conveniently dealt with
by any other Commissioner, whether in the same State or not, he may,
subject to rules made under this Act, order such matter to be
transferred to such other Commissioner either for report or for
disposal, and, if he does so, shall forthwith transmit to such other
Commissioner all documents relevant for the decision of such matter
and, where the matter is transferred for disposal, shall also transmit in
the prescribed manner any money remaining in his hands or invested
by him for the benefit of any party to the proceedings :

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.

(3) The Commissioner to whom any matter is so transferred shall,


subject to rules made under this Act, inquire there into and, if the
matter was transferred for report, return his report thereon or, if the
matter was transferred for disposal, continue the proceedings as if
they had originally commenced before him.

(4) On receipt of a report from a Commissioner to whom any matter


has been transferred for report under sub-section (2), the
Commissioner by whom it was referred shall decide the matter
referred in conformity with such report.

(5) The State Government may transfer any matter from any
Commissioner appointed by it to any other Commissioner appointed by
it.

22. FORM OF APPLICATION. - (1) Where an accident occurs in respect


of which liability to pay compensation under this Act arises, a claim for
such compensation may, subject to the provisions of this Act, be made
before the Commissioner.

(1A) Subject to the provisions of sub-section (1), no application for the


settlement of any matter by a Commissioner, other than an application
by a dependant or dependants for compensation shall be made unless

125
and until some question has arisen between the parties in connection
therewith which they have been unable to settle by agreement.

(2) An application to a Commissioner may be made in such form and


shall be accompanied by such fee, if any, as may be prescribed, and
shall contain, in addition to any particulars which may be prescribed,
the following particulars, namely :- (a) a concise statement of the
circumstances in which the application is made and the relief or order
which the applicant claims;

(b) in the case of a claim for compensation against an employer, the


date of service of notice of the accident on the employer and, if such
notice has not been served or has not been served in due time, the
reason for such omission;

(c) the names and addresses of the parties; and

(d) except in the case of an application by dependants for


compensation a concise statement of the matters on which agreement
has and of those on which agreement has not been come to.

(3) If the applicant is illiterate or for any other reason is unable to


furnish the required information in writing; the application shall, if the
applicant so desires, be prepared under the direction of the
Commissioner.

22A. POWER OF COMMISSIONER TO REQUIRE FURTHER DEPOSIT IN


CASES OF FATAL ACCIDENT. - (1) Where any sum has been deposited
by an employer as compensation payable in respect of a workman
whose injury has resulted in death, and in the opinion of the
Commissioner such sum is insufficient, the Commissioner may, by
notice in writing stating his reasons, call upon the employer to show
cause why he should not make a further deposit within such time as
may be stated in the notice.

(2) If the employer fails to show cause to the satisfaction of the


Commissioner, the Commissioner may make an award determining the
total amount payable, and requiring the employer, to deposit the
deficiency.
23. POWERS AND PROCEDURE OF COMMISSIONERS. - The
Commissioner shall have all the powers of a Civil Court under the Code
of Civil Procedure, 1908 (5 of 1908) for the purpose of taking evidence
on oath (which such Commissioner is hereby empowered to impose)
and of enforcing the attendance of witnesses and compelling the
production of documents and material objects and the Commissioner
shall be deemed to be a Civil Court for all the purposes of section 195

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.

25. METHOD OF RECORDING EVIDENCE. - The Commissioner shall


make a brief memorandum of the substance of the evidence of every
witness as the examination of the witness proceeds, and such
memorandum shall be written and signed by the Commissioner with
his own hand and shall form part of the record :

Provided that, if the Commissioner is prevented from making such


memorandum, he shall record the reason of his inability to do so and
shall cause such memorandum to be made in writing from his dictation
and shall sign the same, and such memorandum shall form a part of
the record : Provided further that the evidence of any medical witness
shall be taken down as nearby as may be word for word.
26. COSTS. - All costs, incidental to any proceedings before a
Commissioner, shall, subject to rules made under this Act, be in the
discretion of the Commissioner.

27. POWER TO SUBMIT CASES. - A Commissioner may, if he thinks fit,


submit any question of law for the decision of the High Court and, if he
does so, shall decide the question in conformity with such decision.

28. REGISTRATION OF AGREEMENTS. - (1) Where the amount of any


lump sum payable as compensation has been settled by agreement,
whether by way of redemption of a half-monthly payment or otherwise,
or where any compensation has been so settled as being payable to a
woman or a person under a legal disability a memorandum thereof
shall be sent by the employer to the Commissioner, who shall, on being
satisfied as to its genuineness, record the memorandum in a register in
the prescribed manner :

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

(c) the Commissioner may at any time rectify the register;

(d) where it appears to the Commissioner that an agreement as to the


payment of a lump sum whether by way of redemption of a half-
monthly payment or otherwise, or an agreement as to the amount of
compensation payable to a woman or a person under a legal disability
ought not to be registered by reason of the inadequacy of the sum or
amount, or by reason of the agreement having been obtained by fraud
or undue influence or other improper means, he may refuse to record
the memorandum of the agreement and may make such order
including an order as to any sum already paid under the agreement, as
he thinks just in the circumstances.

(2) An agreement for the payment of compensation which has been


registered under sub-section (1) shall be enforceable tinder this Act
notwithstanding anything contained in the Indian Contract Act, 1872 (9
of 1872), or in any other law for the time being in force.
29. EFFECT OF FAILURE TO REGISTER AGREEMENT. - Where a
memorandum of any agreement, the registration of which is required
by section 28, is not sent to the Commissioner as required by that
section, the employer shall be liable to pay the full amount of
compensation which he is liable to pay under the provisions of this Act,
and notwithstanding anything contained in the proviso to sub-section
(1) of, section 4, shall not, unless the Commissioner otherwise directs,
be entitled to deduct more than half of any amount paid to the
workmen by way of compensation whether under the agreement or
otherwise.

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;

(aa) an order awarding interest or penalty under section 4A;

(b) an order refusing to allow redemption of a half-monthly payment;

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;

(d) an order allowing or disallowing any claim for the amount of an


indemnity under the provisions of sub-section (2) of section 12; or

(e) an order refusing to register a memorandum of agreement or


registering the same or providing for the registration of the same
subject to conditions :

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.

Provided further that no appeal by an employer under clause (a) shall


lie unless the memorandum of appeal is accompanied by a certificate
by the Commissioner to the effect that the appellant has deposited
with him the amount payable under the order appealed against.

(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).

32. POWER OF THE STATE GOVERNMENT TO MAKE RULES. - (1) The


State Government may make rules to carry out the purposes of this
Act.

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;

(c) for prescribing the procedure to be followed by Commissioners in


the disposal of cases under this Act and by the parties in such cases;

(d) for regulating the transfer of matters and cases from one
Commissioner to another and the transfer of money in such cases;

(e) for prescribing the manner in which money in the hands of a


Commissioner may be invested for the benefit of dependants of a
deceased workman and for the transfer of money so invested from one
Commissioner to another;

(f) for the representation in proceedings before Commissioners of


parties who are minors or are unable to make an appearance;

(g) for prescribing the form and manner in which memoranda of


agreements shall be presented and registered;

(h) for the withholding by Commissioners, whether in whole or in part


of half-monthly payments pending decision on applications for review
of the same;

(i) for regulating the scales of costs which may be allowed in


proceedings under this Act;

(j) for prescribing and determining the amount of the fees payable in
respect of any proceedings before a Commissioner under this Act;

(k) for the maintenance by Commissioners of registers and records of


proceedings before them;

(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;

(m) for prescribing the form of statement to be submitted by


employers under section 10A;

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;

(p) for prescribing the manner in which diseases specified as


occupational diseases may be diagnosed;

(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.

34. PUBLICATION OF RULES. - (1) The power to make rules conferred


by section 32 shall be subject to the condition of the rules being made
after previous publication.

(2) The date to be specified in accordance with clause (3) of section 23


of the General Clauses Act, 1897 (10 of 1897), as that after which a
draft of rules proposed to be made under section 32 will be taken into
consideration, shall not be less than three months from the date on
which the draft of the proposed rules was published for general
information.

(3) Rules so made shall be published in the Official Gazette and, on


such publication, shall have effect as if enacted in this Act.

35. RULES TO GIVE EFFECT TO ARRANGEMENTS WITH OTHER


COUNTRIES FOR THE TRANSFER OF MONEY PAID AS COMPENSATION. -
(1) The Central Government may, by notification in the Official Gazette,
make rules for the transfer to any foreign country of money deposited
with a Commissioner under this Act which has been awarded to or may
be due to, any person residing or about to reside in Such foreign
country and for the receipt, distribution and administration in any State
of any money deposited under the law relating to workmen's
compensation. in any foreign country, which has been awarded to, or
may be due to any person residing or about to reside in any State.:

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.

(2) Where money deposited with a Commissioner has been so


transferred in accordance with the rules made under this section, the
provisions elsewhere contained in this Act regarding distribution by the
Commissioner of compensation deposited with him shall cease to apply
in respect of any such money.
36. RULES MADE BY CENTRAL GOVERNMENT TO BE LAID BEFORE
PARLIAMENT. - Every rule made under this Act by the Central
Government 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.

SCHEDULE I

[See sections 2(1) and (4)]

PART I LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL


DISABLEMENT

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

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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

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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 -

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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

Note - Complete and permanent loss of the use of any limb or


member referred to in this Schedule shall be deemed to be
equivalent to the loss of that limb or member.

Payment of Wages (Procedure) Rules, 1937.

3067, dated the 24th February; 1937.1

In exercise of the powers conferred by sub-section (1) of s. 26 of the


Payment of Wages Act, 1936 (4 of 1936), read with s. 22 of the General
Clauses Act, 1897 (10 of 1897), the Governor-General-in-Council is
pleased to make the following rules, the same having been previously

136
published as required by sub-section (5) of s. 26 of the first named Act,
namely:-

Short title

These rules may be called the Payment of Wages (Procedure) Rules,


1937.

In these rules, unless there is anything repugnant in the subject or


context,-

a. 'the Act' means the Payment of Wages Act (4 of 1936);


b. 'Appeal' means an appeal under section 17;
c. 'the Authority' means the authority appointed under sub-section
(1) of section 15;
d. 'the Court' means the court mentioned in sub-section (1) of
section 17;
e. 'Employer' includes the persons responsible for the payment of
wages under section 3;

Payment of Wages Act 1936.

1. Short title extent commencement and application

(1) This Act may be called the Payment of Wages Act 1936.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government
may by notification in the Official Gazette appoint.

(4) It applies in the first instance to the payment of wages to persons


employed in any factory to persons employed (otherwise than in a
factory) upon any railway by a railway administration or either directly
or through a sub-contractor by a person fulfilling a contract with a
railway administration and to persons employed in an industrial or
other establishment specified in sub-clauses (a) to (g) of clause (ii) of
section 2.

(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.

(6) Nothing in this Act shall apply to wages payable in respect of a


wage-period which over such wage-period average one thousand six
hundred rupees a month or more.

2. Definitions

In this Act unless there is anything repugnant in the subject or context


-

(i) "employed person" includes the legal representative of a deceased


employed person;

(ia) "employer" includes the legal representative of a deceased


employer;

(ib) "factory" means a factory as defined in clause (m) of section 2 of


the Factories Act 1948 (63 of 1948) and includes any place to which
the provisions of that Act have been applied under sub-section (1) of
section 85 thereof;

(ii) "industrial or other establishment" means any -

(a) tramway service or motor transport service engaged in carrying


passengers or goods or both by road for hire or reward;

(aa) air transport service other than such service belonging to or


exclusively employed in the military naval or air forces of the Union or
the Civil Aviation Department of the Government of India;

(b) dock wharf or jetty;

(c) inland vessel mechanically propelled;

(d) mine quarry or oil-field;

(e) plantation;

(f) workshop or other establishment in which articles are produced


adapted or manufactured with a view to their use transport or sale;

(g) establishment in which any work relating to the construction


development or maintenance of buildings roads bridges or canals or

138
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;

(h) any other establishment or class of establishments which the


Central Government or a State Government may having regard to the
nature thereof the need for protection of persons employed therein
and other relevant circumstances specify by notification in the Official
Gazette.

(iia) "mine" has the meaning assigned to it in clause (j) of sub-section


(1) of section 2 of the Mines Act 1952 (35 of 1952);

(iii) "plantation" has the meaning assigned to it in clause (f) of section


2 of the Plantations Labor Act 1951 (69 of 1951);

(iv) "prescribed" means prescribed by rules made under this Act;

(v) "railway administration" has the meaning assigned to it in clause


(6) of section 3 of the Indian Railways Act 1890 (9 of 1890); and

(vi) "wages" means all remuneration (whether by way of salary


allowances or otherwise) expressed in terms of money or capable of
being so expressed which would if the terms of employment express or
implied were fulfilled by payable to a person employed in respect of his
employment or of work done in such employment and includes -

(a) any remuneration payable under any award or settlement between


the parties or order of a court;

(b) any remuneration to which the person employed is entitled in


respect of overtime work or holidays or any leave period;

(c) any additional remuneration payable under the terms of


employment (whether called a bonus or by any other name);

(d) any sum which by reason of the termination of employment of the


person employed is payable under any law contract or instrument
which provides for the payment of such sum whether with or without
deductions but does not provide for the time within which the payment
is to be made;

(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 -

139
(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;

(2) the value of any house-accommodation or of the supply of light


water medical attendance or other amenity or of any service excluded
from the computation of wages by a general or special order of the
State Government;

(3) any contribution paid by the employer to any pension or provident


fund and the interest which may have accrued thereon;

(4) any traveling allowance or the value of any traveling concession;

(5) any sum paid to the employed person to defray special expenses
entailed on him by the nature of his employment; or

(6) any gratuity payable on the termination of employment in cases


other than those specified in sub-clause (d).

3. Responsibility for payment of wages -

Every employer shall be responsible for the payment to persons


employed by him of all wages required to be paid under this Act :

Provided that in the case of persons employed (otherwise than by a


contractor) -

(a) in factories if a person has been named as the manager of the


factory under clause (f) of sub-section (1) of section 7 of the Factories
Act 1948 (63 of 1948) ;

(b) in industrial or other establishments if there is a person responsible


to the employer for the supervision and control of the industrial or
other establishments;

(c) upon railways (otherwise than in factories) if the employer is the


railway administration and the railway administration has nominated a
person in this behalf for the local area concerned.

The person so named the person so responsible to the employer or the


person so nominated as the case may be shall also be responsible for
such payment.

140
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.

(2) No wage-period shall exceed one month

5. Time of payment of wages

(1) The wages of every person employed upon or in -

(a) any railway factory or industrial or other establishment upon or in


which less than one thousand persons are employed, shall be paid
before the expiry of the seventh day,

(b) any other railway factory or industrial or other establishment shall


be paid before the expiry of the tenth day, after the last day of the
wage-period in respect of which the wages are payable :

Provided that in the case of persons employed on a dock wharf or jetty


or in a mine the balance of wages found due on completion of the final
tonnage account of the ship or wagons loaded or unloaded as the case
may be shall be paid before the expiry of the seventh day from the day
of such completion.

(2) Where the employment of any person is terminated by or on behalf


of the employer the wages earned by him shall be paid before the
expiry of the second working day from the day on which his
employment is terminated :

Provided that where the employment of any person in an


establishment is terminated due to the closure of the establishment for
any reason other than a weekly or other recognised holiday the wages
earned by him shall be paid before the expiry of the second day from
the day on which his employment is so terminated.

(3) The State Government may by general or special order exempt to


such extent and subject to such conditions as may be specified in the
order the person responsible for the payment of wages to persons
employed upon any railway (otherwise than in a factory) or to persons
employed as daily-rated workers in the Public Works Department of the
Central Government or the State Government from the operation of
this section in respect of wages of any such persons or class of such
persons :

141
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.

(4) Save as otherwise provided in sub-section (2) all payments of


wages shall be made on a working day.

6. Wages to be paid in current coin or currency notes -

All wages shall be in current coin or currency notes or in both :

Provided that the employer may after obtaining the written


authorization of the employed person pay him the wages either by
cherub or by crediting the wages in his bank account.

7. Deductions which may be made from wages

(1) Notwithstanding the provisions of sub-section (2) of section 47 of


the Indian Railways Act 1890 (9 of 1890) the wages of an employed
person shall be paid to him without deductions of any kind except
those authorized by or under this Act.

Explanation I : Every payment made by the employed person to the


employer or his agent shall for the purposes of this Act be deemed to
be a deduction from wages.

Explanation II : Any loss of wages resulting from the imposition, for


good and sufficient cause upon a person employed of any of the
following penalties namely :-

(i) the withholding of increment or promotion (including the stoppage


of increment at an efficiency bar);

(ii) the reduction to a lower post or time scale or to a lower stage in a


time scale; or

(iii) suspension;

shall not be deemed to be a deduction from wages in any case where


the rules framed by the employer for the imposition of any such
penalty are in conformity with the requirements if any which may be
specified in this behalf by the State Government by notification in the
Official Gazette.

(2) Deductions from the wages of an employed person shall be made

142
only in accordance with the provisions of this Act and may be of the
following kinds only namely :

(a) fines;

(b) deductions for absence from duty;

(c) deductions for damage to or loss of goods expressly entrusted to


the employed person for custody or for loss of money for which he is
required to account where such damage or loss is directly attributable
to his neglect or default;

(d) deductions for house-accommodation supplied by the employer or


by government or any housing board set up under any law for the time
being in force (whether the government or the board is the employer
or not) or any other authority engaged in the business of subsidizing
house-accommodation which may be specified in this behalf by the
State Government by notification in the Official Gazette;

(e) deductions for such amenities services supplied by the employer as


the State Government or any officer specified by it in this behalf may
by general or special order authorize.

Explanation : The word "services" in this clause does not include the
supply of tools and raw materials required for the purposes of
employment;

(f) deductions for recovery of advances of whatever nature (including


advances for traveling allowance or conveyance allowance) and the
interest due in respect thereof or for adjustment of over-payments of
wages;

(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;

(fff) deductions for recovery of loans granted for house-building or


other purposes approved by the State Government and the interest
due in respect thereof;

(g) deductions of income-tax payable by the employed person;

(h) deductions required to be made by order of a court or other


authority competent to make such order;

(i) deductions for subscriptions to and for repayment of advances from

143
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;

(j) deductions for payments to co-operative societies approved by the


State Government or any officer specified by it in this behalf or to a
scheme of insurance maintained by the Indian Post Office and

(k) deductions made with the written authorization of the person


employed for payment of any premium on his life insurance policy to
the Life Insurance Corporation Act of India established under the Life
Insurance Corporation 1956 (31 of 1956) or for the purchase of
securities of the Government of India or of any State Government or
for being deposited in any Post Office Saving Bank in furtherance of
any savings scheme of any such government.

(kk) deductions made with the written authorization of the employed


person for the payment of his contribution to any fund constituted by
the employer or a trade union registered under the Trade Union act
1926 (16 of 1926) for the welfare of the employed persons or the
members of their families or both and approved by the State
Government or any officer specified by it in this behalf during the
continuance of such approval;

(kkk) deductions made with the written authorization of the employed


person for payment of the fees payable by him for the membership of
any trade union registered under the Trade Union Act 1926 (16 of
1926);

(l) deductions for payment of insurance premier on Fidelity Guarantee


Bonds;

(m) deductions for recovery of losses sustained by a railway


administration on account of acceptance by the employed person of
counterfeit or base coins or mutilated or forged currency notes;

(n) deductions for recovery of losses sustained by a railway


administration on account of the failure of the employed person to
invoice to bill to collect or to account for the appropriate charges due
to that administration whether in respect of fares freight demurrage
wharfage and cranage or in respect of sale of food in catering
establishments or in respect of sale of commodities in grain shops or
otherwise;

144
(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;

(p) deductions made with the written authorization of the employed


person for contribution to the Prime Minister's National Relief Fund or
to such other Fund as the Central Government may by notification in
the Official Gazette specify;

(q) deductions for contributions to any insurance scheme framed by


the Central Government for the benefit of its employees.

(3) Notwithstanding anything contained in this Act the total amount of


deductions which may be made under sub-section (2) in any wage-
period from the wages of any employed person shall not exceed -

(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

(ii) in any other case fifty per cent of such wages :

Provided that where the total deductions authorized under sub-section


(2) exceed seventy five per cent or as the case may be, fifty per cent
of the wages the excess may be recovered in such manner as may be
prescribed.

(4) Nothing contained in this section shall be construed as precluding


the employer from recovering from the wages of the employed person
or otherwise any amount payable by such person under any law for the
time being in force other than the Indian Railways Act 1890 (9 of
1890).

8.Fines-

(1) No fine shall be imposed on any employed person save in respect


of such acts and omissions on his part as the employer with the
previous approval of the State Government or of the prescribed
authority may have specified by notice under sub-section (2).

(2) A notice specifying such acts and omissions shall be exhibited in


the prescribed manner on the premises in which the employment
carried on or in the case of persons employed upon a railway
(otherwise than in a factory) at the prescribed place or places.

145
(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.

(6) No fine imposed on any employed person shall be recovered from


him by installments or after the expiry of sixty days from the day on
which it was imposed.

(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.

Explanation : When the persons employed upon or in any railway,


factory or industrial or other establishment are part only of a staff
employed under the same management all such realizations may be
credited to a common fund maintained for the staff as a whole
provided that the fund shall be applied only to such purposes as are
approved by the prescribed authority.

9. Deductions for absence from duty -

(1) Deductions may be made under clause (b) of sub-section (2) of


section 7 only on account of the absence of an employed person from
the place or places where by the terms of his employment , he is
required to work such absence being for the whole or any part of the
period during which he is so required to work.

(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

146
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.

Explanation : For the purposes of this section an employed person shall


be deemed to be absent from the place where he is required to work if
although present in such place he refuses in pursuance of a stay-in
strike or for any other cause which is not reasonable in the
circumstances to carry out his work.

10. Deductions for damage or loss

(1) A deduction under clause (c) or clause (o) of sub-section (2) of


section 7 shall not exceed the amount of the damage or loss caused to
the employer by the neglect or default of the employed person.

(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.

11. Deductions for services rendered -

A deduction under clause (d) or clause (e) of sub-section (2) of section


7 shall not be made from the wages of an employed person, unless the
house-accommodation amenity or service has been accepted by him
as a term of employment or otherwise and such deduction shall not
exceed an amount equivalent to the value of the house-
accommodation amenity or service supplied and in the case of
deduction under the said clause (e) shall be subject to such conditions
as the State Government may impose.

147
12. Deductions for recovery of advances -

Deductions under clause (f) of sub-section (2) of section 7 shall be


subject to the following conditions namely :

(a) recovery of an advance of money given before employment began


shall be made from the first payment of wages in respect of a
complete wage-period but no recovery shall be made of such advances
given for traveling-expenses;

(aa) recovery of an advance of money given after employment began


shall be subject to such conditions as the State Government may
impose;

(b) recovery of advances of wages not already earned shall be subject


to any rules made by the State Government regulating the extent to
which such advances may be given and the installments by which they
may be recovered.

12A. Deductions for recovery of loans -

Deductions for recovery of loans granted under clause (fff) of sub-


section (2) of section 7 shall be subject to any rules made by the State
Government regulating the extent to which such loans may be granted
and the rate of interest payable thereon.

13. Deductions for payments to co-operative societies and insurance


schemes

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.

(2) Every register and record required to be maintained under this


section shall for the purposes of this Act be preserved for a period of
three years after the date of the last entry made therein.

14. Inspectors -

148
(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.

(3) The State Government may by notification in the Official Gazette


appoint such other persons as it thinks fit to be Inspectors for the
purposes of this Act and may define the local limits within which and
the class of factories and industrial or other establishments in respect
of which they shall exercise their functions.

(4) An Inspector may,

(a) make such examination and inquiry as he thinks fit in order to


ascertain whether the provisions of this Act or rules made there under
are being observed;

(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;

(c) supervise the payment of wages to persons employed upon any


railway or in any factory or industrial or other establishment;

(d) require by a written order the production at such place as may be


prescribed of any register maintained in pursuance of this Act and
taken on the spot or otherwise statements of any persons which he
may consider necessary for carrying out the purposes of this Act;

(e) seize or take copies of such registers or documents or portions


thereof as he may consider relevant in respect of an offence under this
Act which he has reason to believe has been committed by an
employer;

(f) exercise such other powers as may be prescribed :

Provided that no person shall be compelled under this sub-section to


answer any question or make any statement tending to incriminate
himself.

(4A) The provisions of the Code of Criminal Procedure 1973 (2 of 1974)

149
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.

(5) Every Inspector shall be deemed to be a public servant within the


meaning of the Indian Penal Code (45 of 1860).

14A. Facilities to be afforded to Inspectors

Every employer shall afford an Inspector all reasonable facilities for


making any entry inspection supervision examination or inquiry under
this Act.

15. Claims arising out of deductions from wages or delay in payment of


wages and penalty for malicious or vexatious claims -

(1) The State Government may by notification in the Official Gazette


appoint a presiding officer of any Labour Court or Industrial Tribunal
constituted under the Industrial Disputes Act 1947 (14 of 1947) or
under any corresponding law relating to the investigation and
settlement of industrial disputes in force in the State or any
Commissioner for Workmen's Compensation or other officer with
experience as a Judge of a Civil Court or as a Stipendiary Magistrate to
be the authority to hear and decide for any specified area all claims
arising out of deductions from the wages or delay in payment of the
wages of persons employed or paid in that area including all matters
incidental to such claims :

Provided that where the State Government considers it necessary so to


do it may appoint more than one authority for any specified area and
may by general or special order provide for the distribution or
allocation of work to be performed by them under this Act.

(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) :

Provided that every such application shall be presented within twelve


months from the date on which the deduction from the wages was
made or from the date on which the payment of the wages was due to
be made as the case may be :

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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.

(3) When any application under sub-section (2) is entertained the


authority shall hear the applicant and the employer or other person
responsible for the payment of wages under section 3 or give them an
opportunity of being heard and after such further inquiry (if any) as
may be necessary may without prejudice to any other penalty to which
such employer or other person is liable under this Act direct the refund
to the employed person of the amount deducted or the payment of the
delayed wages together with the payment of such compensation as
the authority may think fit not exceeding ten times the amount
deducted in the former case and not exceeding twenty-five rupees in
the latter and even if the amount deducted or the delayed wages are
paid before the disposal of the application direct the payment of such
compensation as the authority may think fit not exceeding twenty-five
rupees :

Provided that no direction for the payment of compensation shall be


made in the case of delayed wages if the authority is satisfied that the
delay was due to -

(a) a bona fide error or bona fide dispute as to the amount payable to
the employed person or

(b) the occurrence of an emergency or the existence of exceptional


circumstances such that the person responsible for the payment of the
wages was unable though exercising reasonable diligence to make
prompt payment or

(c) the failure of the employed person to apply for or accept payment.

(4) If the authority hearing an application under this section is satisfied


-

(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

(b) that in any case in which compensation is directed to be paid under


sub-section (3) the applicant ought not to have been compelled to seek
redress under this section the authority may direct that a penalty not
exceeding fifty rupees be paid to the State Government by the

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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.

(4B) Any inquiry under this section shall be deemed to be a judicial


proceeding within the meaning of sections 193 219 and 228 of the
Indian Penal Code (45 of 1860).

(5) Any amount directed to be paid under this section may be


recovered -

(a) if the authority is a Magistrate by the authority as if it were a fine


imposed by him as Magistrate and

(b) if the authority is not a Magistrate by any Magistrate to whom the


authority makes application in this behalf as if it were a fine imposed
by such Magistrate.

16. Single application in respect of claims from unpaid group -

(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.

(2) A single application may be presented under section 15 on behalf


or in respect of any number of employed persons belonging to the
same unpaid group and in such case every person on whose behalf
such application is presented may be awarded maximum
compensation to the extent specified in sub-section (3) of section 15.

(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 -

(1) An appeal against an order dismissing either wholly or in part an


application made under sub-section (2) of section 15 or against a

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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 -

(a) by the employer or other person responsible for the payment of


wages under section 3 if the total sum directed to be paid by way of
wages and compensation exceeds three hundred rupees or such
direction has the effect of imposing on the employer or the other
person a financial liability exceeding one thousand rupees or

(b) 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 if the total
amount of wages claimed to have been with held from the employed
person exceeds twenty rupees or from the unpaid group to which the
employed person belongs or belonged exceeds fifty rupees or

(c) by any person directed to pay a penalty under sub-section (4) of


section 15.

(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.

(2) Save as provided in sub-section (1) any order dismissing either


wholly or in part an application made under sub-section (2) of section
15 or a direction made under sub-section (3) or sub-section (4) of that
section shall be final.

(3) Where an employer prefers an appeal under this section the


authority against whose decision the appeal has been preferred may
and if so directed by the court referred to in sub-section (1) shall
pending the decision of the appeal withhold payment of any sum in
deposit with it.

(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.

17A. Conditional attachment of property of employer or other person


responsible for payment of wages

(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.

(2) The provisions of the Code of Civil Procedure 1908 (5 of 1908)


relating to attachment before judgment under that Code shall so far as
may be apply to any order for attachment under sub-section (1).

18. Powers of authorities appointed under section 15 -

Every authority appointed under sub-section (1) of section 15 shall


have all the powers of a civil court under the Code of Civil Procedure
1908 (5 of 1908) for the purpose of taking evidence and of enforcing
the attendance of witnesses and compelling the production of
documents and every such authority shall be deemed to be a civil
court for all the purposes of section 195 and of Chapter XXVI of the
Code of Criminal Procedure 1973 (2 of 1974).

20. Penalty for offences under the Act -

(1) Whoever being responsible for the payment of wages to an


employed person contravenes any of the provisions of any of the
following sections namely section 5 except sub-section (4) thereof
section 7 section 8 except sub-section (8) thereof , section 9 section 10
except sub-section (2) thereof and section 11 to 13 both inclusive shall
be punishable with fine which shall not be less than two hundred
rupees but which may extend to one thousand rupees.

(2) Whoever contravenes the provisions of section 4 sub-section (4) of


section 5 section 6 sub-section (8) of section 8 sub-section (2) of
section 10 or section 25 shall be punishable with fine which may
extend to five hundred rupees.

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(3) Whoever being required under this Act to maintain any records or
registers or to furnish any information or return -

(a) fails to maintain such register or record; or

(b) willfully refuses or without lawful excuse neglects to furnish such


information or return; or

(c) willfully furnishes or causes to be furnished any information or


return which he knows to be false; or

(d) refuses to answer or willfully gives a false answer to any question


necessary for obtaining any information required to be furnished under
this Act

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 -

(a) willfully obstructs an Inspector in the discharge of his duties under


this Act; or

(b) refuse or willfully neglects to afford an Inspector any reasonable


facility for making any entry inspection examination supervision or
inquiry authorised by or under this Act in relation to any railway factory
or industrial or other establishment; or

(c) willfully refuses to produce on the demand of an Inspector any


register or other document kept in pursuance of this Act; or

(d) prevents or attempts to prevent or does anything which he has any


reason to believe is likely to prevent any person from appearing before
or being examined by an Inspector acting in pursuance of his duties
under this Act;

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

155
less than five hundred rupees but which may extend to three thousand
rupees.

Provided that for the purpose of this sub-section no cognizance shall be


taken of any conviction made more than two years before the date on
which the commission of the offence which is being punished came to
the knowledge of the Inspector.

(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.

21. Procedure in trial of offences -

(1) No court shall take cognizance of a complaint against any person


for an offence under sub-section (1) of section 20 unless an application
in respect of the facts constituting the offence has been presented
under section 15 and has been granted wholly or in part and the
authority empowered under the latter section or the appellate Court
granting such application has sanctioned the making of the complaint.

(2) Before sanctioning the making of a complaint against any person


for an offence under sub-section (1) of section 20 the authority
empowered under section 15 or the appellate Court as the case may
be shall give such person an opportunity of showing cause against the
granting of such sanction and the sanction shall not be granted if such
person satisfies the authority or Court that his default was due to -

(a) a bona fide error or bona fide dispute as to the amount payable to
the employed person or

(b) the occurrence of an emergency or the existence of exceptional


circumstances such that the person responsible for the payment of the
wages was unable though exercising reasonable diligence to make
prompt payment or

(c) the failure of the employed person to apply for or accept payment.

(3) No Court shall take cognizance of a contravention of section 4 or of


section 6 or of a contravention of any rule made under section 26
except on a complaint made by or with the sanction of an Inspector
under this Act.

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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.

22. Bar of suits -

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 -

(a) forms the subject of an application under section 15 which has


been presented by the plaintiff and which is pending before the
authority appointed under that section or of an appeal under section
17; or

(b) has formed the subject of a direction under section 15 in favour of


the plaintiff; or

(c) has been adjudged in any proceeding under section 15 not to be


owned to the plaintiff; or

(d) could have been recovered by an application under section 15.

22A. Protection of action taken in good faith -

No suit prosecution or other legal proceeding shall lie against the


government or any officer of the government for anything which is in
good faith done or intended to be done under this Act.

23. Contracting out -

Any contract or agreement whether made before or after the


commencement of this Act whereby an employed person relinquishes
any right conferred by this Act shall be null and void in so far as it
purports to deprive him of such right.

24. Application of Act to railways air transport services mines and


oilfields -

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 -

The person responsible for the payment of wages of persons employed


in a factory or an industrial or other establishment shall cause to be
displayed in such factory or industrial or other establishment a notice
containing such abstracts of this Act and of the rules made there under
in English and in the language of the majority of the persons employed
in the factory, or industrial or other establishment as may be
prescribed.

25A. Payment of undisbursed wages in case of death of employed


person -

(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.

(2) Where in accordance with the provisions of sub-section (1) all


amounts payable to an employed person as wages -

(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.

26. Rule-making power

(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.

(2) The State Government may by notification in the Official Gazette


make rules for the purpose of carrying into effect the provisions of this
Act.

(3) In particular and without prejudice to the generality of the

158
foregoing power rules made under sub-section (2) may -

(a) require the maintenance of such records registers returns and


notice as are necessary for the enforcement of the Act prescribe the
form thereof and the particulars to be entered in such registers or
records;

(b) require the display in a conspicuous place on premises where


employment is carried on of notices specifying rates of wages payable
to persons employed on such premises;

(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;

(e) prescribe the authority competent to approve under sub-section (1)


of section 8 acts and omissions in respect of which fines may be
imposed;

(f) prescribe the procedure for the imposition of fines under section 8
and for making of the deductions referred to in section 10;

(g) prescribe the conditions subject to which deductions may be made


under the proviso the sub-section (2) of section 9;
(h) prescribe the authority competent to approve the purposes on
which the proceeds of fines shall be expended;

(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;

(k) prescribe the amount of court-fees payable in respect of any


proceedings under this Act

(l) prescribe the abstracts to be contained in the notices required by

159
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;

(lb) specify the authority with whom amounts required to be deposited


under clause (b) of sub-section (1) of section 25A shall be deposited
and the manner in which such authority shall deal with the amounts
deposited with it under that clause;

(m) provide for any other matter which is to be or may be prescribed.

(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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