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Bangladesh -- Factories Act, 1965

Bangladesh -- Factories Act, 1965

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Published by soronkhandaker
Assingment on Industrial Compliance
Assingment on Industrial Compliance

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Published by: soronkhandaker on Mar 07, 2010
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12/16/2012

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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 thedisposal of wastes and effluents due to the manufacturing processcarried on therein.(2) The Government may make rules prescribing the arrangements tobe made in accordance with sub-section (1) or requiring that thearrangement made in accordance with sub-section (1) shall beapproved 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 workingconditions in factories, including health and hygiene, safety, welfare,working hours, leave and holidays, and punishments and penalties forboth the owners and workers for non-compliance of the requirements.East Pakistan Factories Act 1965 was published in the Dhaka GazetteExtraordinary in September 1965. The government of Bangladeshadopted the Act and declared it enforceable throughout the country. Ithas 11 chapters and 116 main sections. The Act defines and clarifies various terms included in it. Importantamong such terms are: adolescent, adult, child, day, explosivesubstance, factory, machinery, manufacturing process, occupier, primemover, shift in factory, transmission machinery, working hour, andwages. It describes the power of the government relating todeclaration of departments as separate factories, notification by thechief inspector before commencement of work, and declaration of anyfactory as seasonal (depending upon the number of working days in ayear or in a particular season). It incorporates the provisions forobtaining approval of factory plans, including the construction orextension, class or description of factories from the chief inspector. Italso specifies the fees for licensing and registration. The Act incorporates rules for appointing the chief inspector,inspectors and certifying surgeons by the government for overseeingthe purposes of the Act and certifying the fitness of workers. Accordingto the Act, every factory is to be maintained clean and free fromeffluvia arising from any drain, privy or other nuisance. Effectivearrangements 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 safetymeasures, appropriate means of escaping in case of fire, andprotection against dangerous and accident-prone parts of machinery,electric and mechanical devices, self-acting machines, etc. Workers areto be given proper training before they are employed on dangerousmachines. Controlling appliances of cranes and other lifting machines,hoists and lifts must be of good construction, sound material andadequate strength. Other sources of dangers, such as pits, sumps,openings in floors, etc, should be securely covered or fenced andeffective screens or suitable goggles should be provided to workers toprotect their eyes. Every factory is to have adequate and suitablefacilities for washing and bathing and provide first-aid medicines andappliances. Canteens and rooms for children should also bemaintained. In every factory wherein five hundred or more workers areemployed, the occupier should employ a number of welfare officers asmay be prescribed.Under the Act no adult worker shall be allowed to work in a factory formore than forty-eight hours in a week or on weekly holidays unlessstated otherwise. Workers may, however, be put to work on off days,but only with the provision for an equal number of compensatoryholidays. Other rules regarding working hours of adults relate to dailyworking hours, interval for rest or meals, spreadover, night shifts andprohibition of overlapping shifts, extra allowances for overtime,restriction on double employment, notice of periods of work, andregistration of adult workers. The Act prohibits employment of anychild under the age of 14 in any factory. An adolescent may beemployed only after granting a certificate of fitness issued by acertifying surgeon. Working hours for such young persons, if employed,shall not be more than five hours a day. They shall not be allowed towork between 7 pm and 7 am. In every factory, a notice of the periodsof work for children shall be displayed and a register maintained. Theinspector of factories is empowered to order the medical examinationof a child worker if required.Under different circumstances and conditions laid down in varioussections of the Act, workers are entitled to have certain days as annualleave with wages, festival holidays, and casual and sick leave.However, the workers may be allowed some leave without pay. Thegovernment is empowered to make rules regarding leave and holidaysfor factory workers. The Act has provisions regarding dangerousoperations in any factory, notices of certain accidents, dangerousoccurrences and certain diseases. Penalties for employers indicated inthe Act include general penalty for offences, such as obstructinginspectors, 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 partiesconcerned in factories, such as owner/occupiers, managers, inspectorsand workers. The government can formulate rules for factories for thesubmission of returns to regulatory authorities. Workers are prohibitedto interfere in any affairs of the factory, which may cause loss ordamage to the factory itself or to other workers. The Act also made aprovision for repeal and it declared that notwithstanding the repeal,any order or notification issued, any action taken, any proceedingcommenced or anything done under any provision of the Act shallcontinue in force.
The Employment of Labor (Standing Orders) Act, 1965
An Act to repeal and with certain amendments, re-enact the Industrialand 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 IndustrialEstablishments 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 (StandingOrders) 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 Shopsand Establishments Act, 1965 applies;
(b) every industrial establishment in the areas in which theShops and Establishments Act, 1965 applies;
(c) every industrial establishment in all other areas of Bangladesh, in which five or more workers are employed or wereemployed on any day of the preceding twelve months:Provided that the provisions of this Act shall not apply to any shop orcommercial or industrial establishment, owned and directly managed
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