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. 2

The Factories Act has provisions for making appeal by parties concerned in factories, such as owner/occupiers, managers, inspectors and workers. The government can formulate rules for factories for the submission of returns to regulatory authorities. Workers are prohibited to interfere in any affairs of the factory, which may cause loss or damage to the factory itself or to other workers. The Act also made a provision for repeal and it declared that notwithstanding the repeal, any order or notification issued, any action taken, any proceeding commenced or anything done under any provision of the Act shall continue in force. 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, reenact 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 • • • •

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(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 4

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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. 6

(3) Any person aggrieved by the order of the Inspector may within thirty days of the issue of such order, appeal to the Chief Inspector who may either confirm, modify or set aside the order of the Inspector. (4) A second appeal from the order of the Chief Inspector shall lie to the Government if made within thirty days of the issue of the order of the Chief Inspector and the decision of the Government shall be final. 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. 7

(1) Workers employed in shops or commercial or industrial establishments shall be entitled to leave and holidays with wages as provided in the East Bengal Shops and Establishments Act, 1951, the Factories Act, 1965, or in any other law for the time being in force, as the case may be, and other holidays which the Government may specially declare to be holidays for workers by notification in the official Gazette. (2) A worker who desires to obtain leave of absence shall apply to the employer for the same, in writing, stating his leave address therein, and the employer or his authorized officer shall issue orders on the application within a weak of its submission to two days prior to the commencement of leave applied for, whichever is earlier: Provided that if, due to emergent reasons, the leave applied for is to commence on the date of application or within three days thereof, the order shall be given on the same day. If the leave asked for is granted, a leave pass shall be issued to the worker. If the leave is refused or postponed, the fact of such refusal or postponement and the reasons thereof shall be recorded in writing in a register to be maintained by the employer for the purpose. If the worker after proceeding on leave, desires an extension thereof, he shall, if such leave is due to him, apply sufficiently in advance before the expiry of the leave to the employer who shall as far as practicable, send a written reply either granting or refusing extension of leave to the worker to his leave address. (3) If the worker remains absent beyond the period of leave originally granted or subsequently extended, he shall be liable to lose his lien to his appointment unless he returns within ten days of the expiry of his leave and explains to the satisfaction of the employer his inability to return earlier: Provided that in case any worker loses his lien to his appointment under this section, he shall not be deprived of the benefits and privileges which already accrued to him under the law due to his past services and in addition, he shall also be kept on the badli list, if any: 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. 8

(4) If the services of a worker, to whom any annual leave is due under the provisions of the Shops and Establishments Act, 1965, the Factories Act, 1965, or of any other law for the time being in force, as the case may be, is dispensed with whether as a result of retrenchment, discharge, dismissal, termination, retirement or by reason of his resignation before he has availed of any such leave, the employer shall pay his wages in lieu of the unveiled leave, at the rate he is entitled to the payment of wages during the period of leave in accordance with the provisions of those laws and such payments shall be made before the expiry of the second working day after the day on which his employment is dispensed with. 6. Stoppage of work. (1) The employer may, at any time, in the event of fire, catastrophe, breakdown of machinery, or stoppage of power supply, epidemics, civil commotion or other cause beyond his control, stop any section or sections of the shop or the commercial or industrial establishment, wholly or partly, for any period. (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 9

worker affected (other than a casual or badli worker), shall be paid wages for the day or days by which it will exceed one working day, and if the stoppage of work extends beyond three working days, the workers may be laid-off in accordance with the provisions of section 9 and such lay-off shall be effective from the day of stoppage of work and any wage paid to a worker for the first three days may be adjusted against the compensation payable for such subsequent lay-off: Provided that for the piece-rate workers affected, their average daily earnings in the previous month shall be taken to be the daily wage for the purposes of the foregoing sub-sections. (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; 10

(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 11Notwithstanding 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 subsection (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 fortyfive 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, compensation shall be payable to a worker who has been laid off; •

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(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 •

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(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 •

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(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

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(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 subsection, 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 subsection 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. -

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(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

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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

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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• •

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(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

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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(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,
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"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

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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

o

(a) employed as a member of the watch and ward or security staff or confidential assistant, cypher assistant of any establishment; (b) employed in a managerial or administrative capacity;

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(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 by27

(a) A statement showing(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.
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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:• • •

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(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;

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(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 subsection: 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.

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(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

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(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(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.
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(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 subsection (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 subsection (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, nonemployment, 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 subsection (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 cooperation 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 subsection (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 sub42

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 lockout, (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 subsection (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.

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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).

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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

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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

o

(i) the site of the factory and its immediate surroundings including adjacent buildings and other structures, roads and drains; and (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

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(1) Scale of fees payable for licence and annual renewal of licence by factories: Maximum number of workers Licence to be employed on any day fees. Tk. during the year. A. 10 to 30 80.00 B. 31 to 50 200.00 C. 51 to 100 400.00 D. 101 to 200 600.00 E. 201 to 300 800.00 p. 301 to 500 1400.00 G. 501 to 750 1600.00 H. 751 to 1,000 2000.00 I. Abov 1,000 2400.00 e Renewal licence fees. Tk. 16.00 40.00 80.00 120.00 160.00 280.00 320.00 400.00 480.00

(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. 62

15. Artificial humidification in cotton mills.- There shall be no artificial humidification in any room of a cotton spinning or weaving factory:
• •

(a) by the use of steam during any period when the dry bulb temperature of that room exceeds 85 degrees; (b) at any time when the wet bulb reading of the hygrometer is higher than that specified in the Schedule below in relation to the dry bulb reading of the hygrometer at that time, or as regards a dry bulb reading intermediate between any two dry bulb readings indicated consecutively in the schedule when the dry bulb reading does not exceed the wet bulb reading to the extent indicated in relation to the lower of these two dry bulb readings:

Provided that clause (b) shall not apply when the difference between the wet bulb temperature as indicated by the hygrometer in the department concerned and the wet bulb temperature taken with a hygrometer outside in the shed is less than 3.5 degrees. THE SCHEDULE Dry bulb 1 60.0 61.0 62.0 63.0 64.0 65.0 66.0 67.0 68.0 69.0 70.0 71.0 72.0 73.0 74.0 75.0 76.0 Wet bulb 2 58.0 59.0 60.0 61.0 62.0 63.0 64.0 65.0 66.0 67.0 68.0 69.0 70.0 71.0 72.0 73.0 74.0 Dry bulb 3 77.0 78.0 79.0 80.0 81.0 82.0 83.0 84.0 85.0 86.0 87.0 88.0 89.0 90.0 91.0 92.0 93.0 Wet bulb 4 75.0 76.0 77.0 78.0 79.0 80.0 80.5 81.0 82.0 82.5 83.0 83.5 84.0 84.5 85.0 85.5 86.0 Dry bulb 5 94.0 95.0 96.0 97.0 98.0 99.0 100.0 101.0 102.0 103.0 104.0 105.0 106.0 107.0 108.0 109.0 110.0 Wet bulb 6 86.0 87.0 87.0 88.0 88.5 89.0 89.5 90.0 90.0 90.5 90.5 91.0 91.0 91.5 91.5 92.0 92.0

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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 thermometer. number shall be indelibly marked upon the

(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.

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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.

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(3) Any open well or reservoir from which the drinking water is derived shall be so situated and protected as not to be liable to pollution by any organic matter or other impurities. (4) The area around any place where drinking water is supplied to the workers shall be maintained in a clean and drained condition. (5) The Inspector may, by order in writing, require the Manager of the factory to obtain a report from the Directorate of Health Services as to whether the drinking water supplied to the workers is fit for drinking or otherwise. 26. Cooling of water.- In every factory wherein more than two hundred and fifty workers are ordinarily employed, the drinking water supplied to the workers' canteen, lunch room and rest room shall, from the 1st of April to the 30th September, in every year, be cooled by ice or other effective method: Provided that if ice is placed in the drinking water, the ice shall be clean and wholesome: Provided further that in the case of factories where provisions for water coolers have been made, the Chief Inspector may, by order in writing, relax the provision of this rule. 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.

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(6) Where piped water-supply is available, a sufficient number of water taps, conveniently accessible, shall be (provided) in or near such latrine accommodation. 29. Septic tank latrine.- The following provisions shall apply to septic tank latrines: •

(a) The maximum number of daily users for whom the tank is designed shall be approved by the Directorate of Health Services, and a notice board showing such number shall be fixed in a prominent position on each latrine. (b) The latrines shall be so designed as to allow a space of 2 cubic feet to 3 cubic feet per user and the ordinary filter beds shall have 6 cubic feet of filtering media per every user, and for rotary filters the capacity may be reduced to 3 cubic feet per user. (c) Efficient automatic recording turnstile or turnstiles shall be provided for recording the total number of users admitted on any day, and a register showing the number of daily users shall be maintained. (d) The effluent therefrom shall conform to such standards as the Government may, by notification in the official Gazette, specify in this behalf. (e) For the satisfactory disposal of the sludge or other solid matters, a pit of cubical capacity equal to the total flow of not less than an hour shall be provided to receive the solid matter. When the pit becomes full, the valves should be closed and the solid matter and sludge shall be allowed time to settle. The effluent shall then be drawn off and sterilized, and the solid matter and sludge shall be buried or burnt:

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

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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 subsection (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.

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(5) All chains and lifting tackles, except a rope sling, shall, unless they have been subjected to such other heat treatment as may be approved by the Chief Inspector, be effectively annealed under the supervision of a competent person at the following intervals:•

(i) all chains, slings, rings, hooks, shackles and swivels used in connection with molten metal or molten slag or when they are made of half inch bar or smaller, once at least every six months; (ii) all other chains, rings, hooks, shackles and swivels in general use once at least in every twelve months:

Provided that chains and lifting tackle not in frequent use shall, subject to the approval of the Chief Inspector, be annealed only when necessary particulars of such annealing shall be entered in the register mentioned under sub-rule (4). (6) Nothing in sub-rule (5) shall apply to the following classes of chains and lifting tackle:• • • • • • • • •

(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 subrule (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 witho (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

o

o

(i) externally, once in every period of six months, to ensure general condition of the vessel and the working of its fitting; (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; (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. 79

(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 fireresisting 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: 82

No. of workers Up to 20 21 to 35 36 to 50 51 to 150 151 to 200

No. of taps 1 2 3 4 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

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(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:
o

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

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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:

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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:

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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 subrule (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 balancesheet 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: 88

Provided that the accounts pertaining to the canteen in a Government factory having its own Accounts Department, may be audited by such Department. 62. Managing Committee.- (1) The Manager shall consult the Canteen Managing Committee from time to time as to• • • •

(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 subsection (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 91

muster-roll in Form No. 12 showing the normal piece-work rate of pay, or rate of pay per hour of all exempted employees. In this muster-roll there shall be correctly entered the overtime hours of work and payments of all exempted workers. The muster-roll shall be always available for inspection. All entries shall be made in ink and the muster-roll shall be preserved for three calendar years after the last entry in it. (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: 93

Provided that if the Chief Inspector is of the opinion that any musterroll 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

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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;

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• • • • •

(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 Xrays. 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 subrules (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.

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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 Compensation appointed under section 20; for Workmen's

(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;

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(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,

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(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 104

(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 105

the said Part B or the said Part C, as the case may be, as an occupational disease peculiar to the employment and that such disease arose out of the employment, the contracting of the disease shall be deemed to be an injury by accident within the meaning of this section. (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) 106

where death results an amount equal to fifty from the injury cent of the monthly wages of the deceased workman multiplied by the relevant factor; or an amount of fifty thousand rupees, whichever is more; (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

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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 halfmonthly 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, 108

and, such payment shall be deposited with the Commissioner or made to the workman, as the case may be, without prejudice to the right of the workman to make any further claim. (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. 111

(6) Where any compensation deposited with the Commissioner is payable to any person, the Commissioner shall, if the person to whom the compensation is payable is not a woman or a person under a legal disability, and may, in other cases, pay the money to the person entitled thereto. (7) Where any lump sum deposited with the Commissioner is payable to a woman or a person under a legal disability, such sum may be invested, applied or otherwise dealt with for the benefit of the woman, or of such person during his disability, in such manner as the Commissioner may direct; and where a half-monthly payment is payable to any person under a legal disability, the Commissioner may, of his own motion or on an application made to him in this behalf, order that the payment be made during the disability to any dependant of the workman or to any other person, whom the Commissioner thinks best fitted to provide for the welfare of the workman. (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 unless such person has been given an why the order should not be made, or which it would involve the repayment already paid to him. to any person shall be made opportunity of showing cause shall be made in any case in by a dependant of any sum

(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. 114

10B. REPORTS OF FATAL ACCIDENTS AND SERIOUS BODILY INJURIES. (1) Where, by any law for the time being in force, notice is required to be given to any authority, by or on behalf of an employer, of any accident occurring on his premises which results in death, or serious bodily injury, the person required to give the notice shall, within seven days of the death or serious bodily injury, send a report to the Commissioner giving the circumstances attending the death or serious bodily injury: 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 noncompliance 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 118

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 crossexamining 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 crossexamining 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 crossexamining 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.

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(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.

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(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

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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 :

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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 halfmonthly 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 halfmonthly 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;

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(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.

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(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 noticebooks under sub-section (3) of section 10, and the form of such noticebooks; (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 e of loss of earning capacity

Seria Description of injury l No. 1 2 3 4

Loss of both hands or amputation 100 at higher sites Loss of a hand and foot 100 Double amputation through leg or thigh, or amputation through 100 leg or thigh on one side and loss of other foot Loss of sight to such an extent as 100

132

to render the claimant unable to perform any work for which eye sight is essential 5 6 Very severe facial disfigurement 100 Absolute deafness

PART II LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL DISABLEMENT Amputation Cases - Upper limbs - Either arm 1 2 Amputation joint through shoulder 90

Amputation below shoulder with stump less than 20.32 cms. from 80 tip of acromion Amputation from 20.32 cms. from 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 60 amputation from 11.43 cms. below tip of olecranon Loss of thumb 30 Loss of thumb and its metacarpal 40 bone Loss of four fingers of one hand Loss of two fingers of one hand Loss of thumb terminal phalanx of 50 20 20 Loss of three fingers of one hand 30

3

4 5 6 7 8 9 10

Amputation cases - Lower limbs 10A 11 12 Guillotine amputation of tip of 10 thumb without loss of bone Amputation of both feet resulting 90 in end bearing stumps Amputation through both feet proximal to the metatarso- 80 phalangeal joint Loss of all toes of both feet through the metatarso- 40 phalangeal joint

13

133

14

Loss of all toes of both feet proximal to the proximal inter- 30 phalangeal joint Loss of all toes of both feet distal to the proximal inter-phalangeal 20 joint Amputation at hip 90 Amputation below hip with stump not exceeding 12.70 cms. in length measured from tip of 80 great trenchanter but not beyond middle thigh Amputation below hip with stump exceeding 12.70 cms. in length measured from tip of great 70 trenchanter but not beyond middle thigh Amputation below middle thigh to 60 8.89 cms. below knee Amputation below knee with stump exceeding 8.89 cms. but 50 not exceeding 12.70 cms. Amputation below knee with 50 stump exceeding 12.70 cms. Amputation of one foot resulting 50 in end bearing Amputation through on foot proximal to the metatarso- 50 phalangeal joint Loss of all toes of one foot through the metatarso- 20 phalangeal joint Loss of one eye, without complications, the other being 40 normal Loss of vision of one eye, without complications or disfigurement of 30 eyeball, the other being normal 10 of -

15 16

17

18

19 20 21 22 23

24

Other injuries 25

26

26A Loss of partial vision of one eye Loss

134

A Fingers Index finger 27 28 29 30 31 32 33 34 35 36 37 38 Whole

of

right

or

left 14 11 9

hand

Two phalanges One phalanx Guillotine amputation without loss of bone Whole Two phalanges One Phalanx Guillotine amputation without loss of bone Whole Two phalanges One Phalanx Guillotine amputation without loss of bone of right of or tip of tip of time

5 12 9 7 4 7 6 5 2 foot

Middle finger

Ring or little finger

B Toes Great toe 39 40 41 42 43 44 45 46 Through joint

left 14 3 3 1 5 2 6 3

metatarso-phalangeal

Part, with some loss of bone Through joint metatarso-phalangeal

Any other toe

Part with some loss of bone Through joint metatarso-phalangeal

Two toes of one foot, excluding great toe

Part, with some loss of bone Through joint metatarso-phalangeal

Three toes of one foot, excluding great toe

Part, with some loss of bone

Four toes of one foot, excluding great toe

135

47 48

Through joint

metatarso-phalangeal

9 3

Part-with some loss of bone

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) (c) (d) (e) dock inland mine vessel quarry wharf or mechanically or jetty; propelled; oil-field; 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. (1) The Time wages of of every payment person employed of upon or wages 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) (b) deductions for absence from fines; 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 wageperiod 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 wageperiod on any employed person shall not exceed an amount equal to three per cent of the wages payable to him in respect of that wageperiod. (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 houseaccommodation 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 subsection (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 subsection 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 :

150

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 151

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 subsection 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 152

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 sub153

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. 154

(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. 157

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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