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Bangladesh. The Factories Rules,1979

 

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BANGLADESH

THE FACTORIES RULES,1979


CHAPTER I - APPROVAL OF PLANS OF FACTORY, FEES FOR I LICENSING AND REGISTRATION

CHAPTER II - INSPECTING STAFF

CHAPTER III - HEALTH

CHAPTER IV - SAFETY

CHAPTER V - WELFARE

CHAPTER VI - WORKING HOURS OF ADULTS

CHAPTER VII - EMPLOYMENT OF YOUNG PERSONS AND EXCLUSION OF UNDER-AGE CHILDREN

CHAPTER VIII - SPECIAL PROVISIONS

CHAPTER IX - SUPPLEMENTAL

CHAPTER X - WELFARE OFFICERS


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-

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;

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-

(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,-

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

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

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

(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.

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 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.

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

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 Wet bulb Dry bulb Wet bulb Dry bulb Wet bulb
1 2 3 4 5 6
60.0 58.0 77.0 75.0 94.0 86.0
61.0 59.0 78.0 76.0 95.0 87.0
62.0 60.0 79.0 77.0 96.0 87.0
63.0 61.0 80.0 78.0 97.0 88.0
64.0 62.0 81.0 79.0 98.0 88.5
65.0 63.0 82.0 80.0 99.0 89.0
66.0 64.0 83.0 80.5 100.0 89.5
67.0 65.0 84.0 81.0 101.0 90.0
68.0 66.0 85.0 82.0 102.0 90.0
69.0 67.0 86.0 82.5 103.0 90.5
70.0 68.0 87.0 83.0 104.0 90.5
71.0 69.0 88.0 83.5 105.0 91.0
72.0 70.0 89.0 84.0 106.0 91.0
73.0 71.0 90.0 84.5 107.0 91.5
74.0 72.0 91.0 85.0 108.0 91.5
75.0 73.0 92.0 85.5 109.0 92.0
76.0 74.0 93.0 86.0 110.0 92.0

 

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:-

(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 construction and equal in dimensions, scale, and divisions of scale. They shall be mounted on a frame with a suitable reservoir containing water.

(2) The wet bulb shall be closely covered with a single layer of muslin, kept wet by means of a wick attached to it and dipping into the water in the reservoir.

(3) No part of the wet bulb shall be within 3 inches of the dry bulb or less than 1 inch from the surface of the water in the reservoir and the water reservoir shall be below it, on the side of it away from the dry bulb.

(4) The bulb shall be spherical and of suitable dimensions and shall be freely exposed on all sides to the air of the room.

(5) The bores of the stems shall be such that the position of the top of the mercury column shall be readily distinguishable at a distance of 2 feet.

(6) Each thermometer shall be graduated so that accurate readings may be taken between 50 and 120 degrees.

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

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

(9) The accuracy of each thermometer shall have to be certified by such authority as the Chief Inspector may specify and such certificate shall be attached to the Humidity Register.

20. Maintenance of thermometer.- (1) Thermometers shall be maintained at all factories in such manner as the Chief Inspector may, by instruction, direct in this behalf.

(2) If the Inspector gives notice in writing that a thermometer is not accurate it shall not be deemed to be accurate unless and until a fresh certificate is obtained declaring its fitness.

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-

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.

(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:-

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; 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-

(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.  

(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: -

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.

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:-

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

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.

(3) Wherever practicable, connection between the flexible cable of a portable apparatus and the supply line shall be made by a properly designed three pin plug and socket so that wrong insertion will not be possible.

(4) The type and the layout of electrical apparatus to be used and the method of electrical wiring likely to induce [a spark] in any part of a factory in which any ignitable or explosive substance is used or stored , shall be subject to the approval of the Chief Inspector.

Explanation.- 'Apparatus' includes all apparatus, machines and fittings in which conductors are used, or of which they form parts.

42. Methods of work.- No process or work shall be carried on in any factory in such a manner as to cause risk of bodily injury.

43. Stacking and storing of materials etc.- No materials or equipment shall be stacked or stored in such a manner as to cause risk of bodily injury.

44. Work on or near machinery in motion.- (1) One or more adult workers shall be appointed for the purposes of sub-section (1) of section 24. A list of such workers shall be maintained in a Register in From No. 8.

(2) No worker shall be appointed unless he has been sufficiently trained for such examination or operation and is acquainted with the dangers from moving machinery arising in connection with such work.

(3) A worker required to wear tight fitting clothing under subsection (1) of section 24 shall be provided such clothes by the employer and such clothing shall consist of at least a pair of closely fitting shorts and a closely fitting half sleeve shirt or vest. Such clothing shall be returned to the employer upon termination of service or when new clothing is provided.

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

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:

(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:-

Provided that chains and lifting tackle not in frequent use shall, subject to the approval of the Chief Inspector, be annealed only when necessary particulars of such annealing shall be entered in the register mentioned under sub-rule (4).

(6) Nothing in sub-rule (5) shall apply to the following classes of chains and lifting tackle:-

(7) All lifting machines, chains, ropes and lifting tackles, except a fibre rope or fibre rope sling, which have been lengthened, altered or repaired by welding or otherwise, shall, before being again taken into use, be adequately tested and re-examined by a competent person and a certificate of such test and examination be obtained.

(8) All rails on which a travelling crane moved and every track on which the carriage of a transporter or runway moves, shall be of proper 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-

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 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;

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 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.

(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-

(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:

(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:

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-

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.

(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:

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-

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 in sub-rule (2) shall consist of foam, carbon tetrachloride, dry powder, carbon dioxide, chlorobromomethene 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-

(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.

(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-

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:

No. of workers No. of taps
Up to 20 1
21 to 35 2
36 to 50 3
51 to 150 4
151 to 200 5
Exceeding 200 but not exceeding 500 5 plus 1 tap for 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:-

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 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 compounder 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-

(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:

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)

(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:

Provided that, in any particular factory or in any particular class of factories, the Chief Inspector may, by an order in writing in this behalf, alter percentage of workers to be accommodated.

(2) The floor area of the dining hall, excluding the area occupied by the service counter and any furniture except tables and chairs, shall be not less than 10 sq. ft. per worker to be accommodated as specified in sub-rule (1).

(3) A portion of the dining hall and service counter shall be partitioned off and reserved for women workers in proportion to their number. Washing places for women shall be separate and screened to secure privacy.

(4) Sufficient tables with impervious tops, chairs or benches shall be available for the number of workers to be accommodated as specified in sub-rule (1).

59. Equipment.- (1) There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for the efficient running of the canteen. Suitable clean clothes for the employees serving in the canteen shall also be provided and maintained.

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

60. Prices to be charged.- (1) Food, drink and other items served in the canteen shall be sold on a non-profit basis and the prices charged shall be subject to the approval of the Canteen Managing Committee.

(2) The charges of foodstuff, beverages and any other item served in the canteen shall be conspicuously displayed in the canteen.

61. Accounts.- (1) All books of accounts, registers and any other documents used in connection with the running of the canteen shall be produced on demand to an Inspector.

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

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-

(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.

(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:-

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.

CHAPTER VI

WORKING HOURS OF ADULTS

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

(2) The Manager of the factory shall display, on or before the month in which holidays are lost, a notice in respect of workers allowed compensatory holidays during the month in which they are due or the two subsequent months and of the days thereof, at the place at which the notice of periods of work specified under section 60 is displayed. Any subsequent change in the notice in respect of any compensatory holiday shall be made not less than 5 days in advance of the date of the holiday.

(3) No worker shall be discharged or dismissed before he has been given compensatory holiday to which he may be entitled and no such holiday or holidays shall be reckoned as part of any period of notice required to be given before discharge or dismissal.

(4) The Manager of the factory shall maintain a register in Form No. 11. The register shall be preserved for a period of three years after the last entry in it and shall be produced before the Inspector on demand.

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

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

(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 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-

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.

(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:

Provided that if the Chief Inspector is of the opinion that any muster-roll or register maintained as part of the routine of the factory, or return made by the Manager, gives in respect of any or all of the workers in the factory the particulars required for the enforcement of Chapter VII of the Act, he may, by order in writing direct that such a master-roll or register or return shall, to the corresponding extent, be maintained in place of and be treated as the register or return required under this rule in respect of that factory.

(2) The register of leave with wages shall be preserved for a period of 3 years after the last entry in it and shall be produced before the Inspector on demand.

78. Leave Book.- (1) The Manager shall provide each worker with a book to be called Leave Book in Form No. 17. The Leave Book shall be the property of the worker and the Manager of the factory or his agent shall not demand it except to make relevant entries therein whenever necessary and shall not keep it for more than a week at a time. All entries in the Leave Book shall be made in ink, shall be legible and shall be maintained up-to-date.

(2) If a worker loses his Leave Book, the Manager of the factory shall provide him with another copy on payment of 25 poisa and shall complete it from his record.

79. Medical certificate.- If any worker is absent from work due to his illness, and wants to avail himself of the leave with wages due to him to cover the whole or part of the period of his illness under the provisions of sub-section (2) of section 80, he shall, if required by the Manager of the factory, produce a medical certificate signed by a registered medical practitioner stating the cause of the absence and the period for which the worker is, in the opinion of such medical practitioner, unable to attend his work.

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

(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-

(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 forthwith to the authorities mentioned in clauses (a), (b), (c) and (d) of rule 84.

(2) When an accident which has been reported to the Chief Inspector and Inspector as 'Minor' afterwards proves to be 'Serious', or when one reported as 'Serious' afterwards proves to be 'Minor' the Manager of the factory shall make the necessary corrections in a supplementary report which shall be sent forthwith to the authorities mentioned in clauses (a), (b) and (c) of rule 84.

(3) A final accident report shall be sent by the Manager of the factory to the Chief Inspector and Inspector, in From No. 18A within one month from the date or occurrence of the accident.

87. Site of fatal accident.- Where loss of life has immediately resulted from an accident, the place where the accident occurred shall be left as it was immediately after the accident until the expiration of at least three days after the time when the notice required under rule 84 was given, or until the visit to the place by an Inspector, whichever first happens, unless compliance with this rule would tend to increase or continue the danger.

88. Explosions, fire and accidents to plant.- When there occurs in any factory any explosion, fire, collapse of buildings, or serious accident to the machinery or plant, whether or not attended by personal injury or disablement, such occurrence shall be reported by the Manager of the factory within five hours of the occurrence to the authorities mentioned in clauses (a) and (b) of rule 84 in Form No. 18B.

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

CHAPTER IX

SUPPLEMENTAL

90. Procedure in appeals.-(1) An appeal presented under section 108 shall be in the form of a memorandum setting forth concisely the 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-

(6) An assessor appointed in accordance with the provisions of sub-rules (3) and (5) shall receive, for the hearing of appeal, a fee to be fixed by the appellate authority, subject to a maximum of fifty taka per diem. He shall also receive the actual travelling expenses. The fees and travelling expenses shall be paid to the assessors by the Government, but where assessors have been appointed at the request of the appellant, the travelling expenses of the assessors shall be paid in whole or in part out of the money deposited under sub-rule (2), and the balance of the deposit, if any, refunded to the appellant.

91. Display of extract of the Act and the rules.- The Manager or occupier of a factory shall display such extracts of the act and the rules as the Chief Inspector may direct in a conspicuous place of the factory.

92. Returns.- The Manager of every factory shall furnish to the Chief Inspector-

CHAPTER X

WELFARE OFFICERS

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.

94. Duties of welfare officers.- The duties of a welfare officer shall be-

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 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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