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THE FACTORIES ACT, 1965 (Act No. IV of 1965)

An Act to repeal and, with certain amendments, re-enact the Factories Act, 1934 (XXV of 1934)

WHEREAS it is expedient to repeal and, with certain amendments, re-enact the Factories Act, 1934 for regulating working conditions in factories and for matters connected therewith:

It is hereby enacted as follows:-


CHAPTER I:  PRELIMINARY

      1.     Short title, extent and commencement. -
              (1)  This Act maybe called the Factories Act, 1965.
              (2)  It extends to the whole of Bangladesh.
              (3)  It shall come into force at once.

      2.     Definitions. - In this Act, unless there is anything repugnant in the subject or context, -
               (a)    'adolescent' means a person who has completed sixteen
                       years but has not completed eighteen years of age;

               (b)    'adult' means a person who has completed eighteen years
                       of age;

               (c)    'child' means a person who has not completed sixteen
                       years of age;

               (d)    'day' means a period of twenty-four hours beginning at
                       mid-night;

               (e)    'explosive substance' includes any materials for making
                       any explosive substance;

               (f)    'factory' means any premises including the precincts
                      thereof whereon ten or more workers are working or were
                      working on any day of the preceding twelve months and in
                      any part of which a manufacturing process is being
                      carried on with or without the aid of power, but does not
                      include a mine subject to the operation of the Mines Act,
                     1923 (IV of 1923).

                      Notes
                      The word "premises" ordinarily includes lands and "precincts"
                      means the "limit, bound or exterior line encompassing a place."

                      In order to make it a factory, it is not necessary that the
                      workers should be continuously working in any premises.  It would
                      be sufficient if on any one day of the preceding twelve months ten
                      workers are employed.  Nevertheless, the premises will still
                      continue to be a factory for the next twelve months even if the
                      number of workers is subsequently reduced.

               (g)   'machinery'  includes prime movers, transmission
                      machinery and other appliances whereby power is
                      generated, transformed, transmitted or applied.

               (h)   'manufacturing process' means any process - 

                     (i)    for making, altering, repairing, ornamenting,
                            painting and washing, finishing, or packing, or
                            otherwise treating any articles or substance with a
                            view to its use, sale, transport, delivery, display
                            or disposal, or

                    (ii)    for pumping oil, gas, water, sewage or other fluids
                           or slurries, or

                   (iii)    for generating, transforming or transmitting
                           power or gas, or 
 
                   (iv)    for constructing, reconstructing, repairing,
                           refitting, finishing or breaking up of ships or
                           vessels, or

                   (v)    for printing by letter press, lithography,
                          photogravure or other similar work or book-binding
                          which is carried on by way of trade or for purposes
                          of gain or incidental to another business so
                          carried on;

                   (vi)   'occupier' in relation to a factory means the
                          person who has ultimate control over the affairs of
                          the factory:

                   Provided that where the affairs of a factory are entrusted to
                   a managing agent, such agent shall be deemed to be the occupier of
                   the factory.

                   Note
                   An occupier is one who has ultimate control  over the affairs
                   of  the factory.   A person who controls the business side of the
                   factory is an occupier who may be an owner, a lessee or even a mere
                   licensee.  He must, however, have the right to occupy the property
                   and dictate how it is to be managed although he may not be in
                   actual possession of the property.

                (j)    'prescribed' means prescribed by rules made by the
                       Government under this Act;

                (k)    'prime mover' means any engine, motor, or other appliance
                       which generates or otherwise provides power;

                (l)    'relay' means where work of the same kind is carried out
                       by twe or more sets of workers working during different
                       periods of the day, each of such sets;

                (m)   'shift' means, where work of the same kind is carried out
                       by two or more sets or workers working during different
                       periods of the day, each of such periods;

                (n)    'transmission machinery' means any shaft, wheel, drum
                       pulley, system of pulleys couplings, clutch driving belt
                       or other appliance or device by which the motion of a
                       prime mover is transmitted to or received by any
                       machinery or plant;

                (o)    'week' means a period of seven days beginning with the
                       preceding mid-night of the day specified as the weekly
                       holiday;

                (p)    'worker' means a person employed directly or through any
                       agency, whether for wages or not, in any manufacturing
                       process, or in cleaning any part of the machinery or
                       premises used for a manufacturing process, or in any
                       other kind of work incidental to or connected with, the 
                       manufacturing process or the subject of the manufacturing
                       process, but does not include any person solely employed
                       in a clerical capacity in any room or place where no
                       manufacturing process is carried on;

                (q)    'young person' means a person who is either a child or an
                       adolescent;

                (r)    'power' means electrical energy and any other form of
                       energy which is mechanically transmitted and is not
                       generated by human or animal agency; and

                (s)    'wages' means wages as defined in the Payment of Wages
                       Act, 1936 (IV of 1936).

      3.     Power to apply the provisions of this Act to certain places. -

              (1)   The Government may, by notification in the official Gazette,
              declare that all or any of the provisions of this Act shall apply
              to any place wherein a manufacturing process is being carried on or
              is ordinarily carried on whether with or without the use of power
              whenever five or more workers are working therein or have worked
              therein on any day of the twelve months immediately preceding.

              (2)    A notification under sub-section (1) may be made in
              respect of any one such place or in respect of any class of such
              places or generally in respect of all such places.

              (3)    Notwithstanding anything contained in clause (f) of
              Section 2, a place to which all or any of the provisions of this
              Act are, for the time being, applicable in pursuance of a
              declaration under sub-section (l), shall, to the extent to which
              such provisions are so made applicable but not otherwise, be deemed
              to be a factory.


      4.     Power to declare departments to be separate factories. -
              The Government may, by order in writing, direct that the different
              departments or branches of a specified factory be treated as
              separate factories for all or any of the purposes of this Act.

      5.     Power to exempt. - The Government may, by notification in
              the official Gazette,  exempt any factory or any class or
              description of factories from all or any of the provisions of this
              Act for such period as it may think fit in the public interest:

              Provided that no such exemption shall be made for a period
              exceeding six months at a time.

      6.     Notice to Inspector before commencement of work.

             (1)    The occupier shall, at least fifteen days before he
             begins to occupy or  use any premises as a factory send to the
             Chief Inspector a written notice containing  -

                    (a)   the name and situation of the factory;

                    (b)   the name and address of the occupier;

                    (c)   the address to which communications relating to the
                          factory may be sent;

                    (d)   the nature of the manufacturing process -

                          (i)    carried on in the factory during the last
                                 twelve months in the case of factories in
                                 existence on the date of the  commencement of
                                 this Act;

                          (ii)   to be carried on in the factory during the
                                 next twelve months in the case of all
                                 factories;

                     (e)  the nature and quantity of power to be used; the
                          name of the Manager of the factory for the purposes
                          of this Act;

                    (f)   the number of workers likely to be employed in the
                          factory;

                    (g)   the average number of workers per day employed
                          during the last twelve months in the case of a
                          factory in existence on the date of the
                          commencement of this Act; and

                    (h)   such other particulars as may be prescribed.

              (2)    In respect of all factories which come within the scope
             of this Act for the first time,  the occupier shall send a written
             notice to the Chief Inspector containing particulars specified in
             sub-section (1) within thirty days from the date of the
             commencement of this Act..

             (3)    Before a factory engaged in a manufacturing process,
             which is ordinarily carried on for less than one hundred and eighty
             working days in the year, resumes working,  the occupier shall send
             a written notice to the Chief Inspector containing the particulars
             specified in sub-section (1) within thirty days before the date of
             the commencement of work.

             (4)    Whenever another person is appointed as Manager, the
             occupier shall send to the Chief Inspector a written notice of the
             change, within seven days from the date on which such person
             assumes charge.

             (5)    During any period for which no person has been designated
             as Manager of the factory or during which the person so designated
             does not manage the factory, any person found acting as Manager or
             if no such person is found, the occupier himself shall be deemed to
             be the Manager of the factory for the purposes of this Act.


      7.    Seasonal Factory. - The Government may, by notification
             in the official Gazette, declare any factory in which
             manufacturing processes are ordinarily carried on for not more
             than one hundred and eighty working days in the year and
             cannot be carried on except during particular seasons or at
             times dependent on the irregular action of natural forces, to
             be a seasonal factory for the purposes of this Act.

      8.     Approval of plans and fees for licensing and
             registration.

             (1)    The Government may - 

                    (a)   require that previous permission in writing be
                          obtained in the prescribed manner from the Chief
                          Inspector for the construction or extension of any
                          factory or class or description of factories;

                    (b)   require registration and licensing of factories or
                          any class or description of factories and payment
                          of fees for such registration and licensing or for
                          the renewal of licences, in the prescribed manner.

             (2)    If, in accordance with the provisions of sub-section (1)
             an application for permission accompanied by the plans and
             specifications is sent to the Chief Inspector and no order is
             communicated to the applicant within two months from the date of
             its receipt by the Chief Inspector, the permission applied for in
             the said application shall be deemed to have been granted.

             (3)    Where the Chief Inspector refuses to grant permission to
             the said construction or extension of a factory or to registration
             and licensing of a factory the applicant may, within sixty days of
             the date of such refusal, appeal to the Government.

             Explanation - A factory shall not be deemed to be extended
             within the meaning of this section by reason only of the
             replacement of any plant or machinery or, within such limits as may
             be prescribed, of the addition of any plant or machinery.


CHAPTER II: CHIEF INSPECTOR,  INSPECTORS AND CERTIFYING SURGEONS

      9.     Chief Inspector and Inspectors. - 

             (1)    The Government may, by notification in the official
             Gazette, appoint any person to 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 the country
             and shall also have powers of supervision and control over the
             Inspectors appointed under sub-section (2):

             Provided that the Chief Inspector may authorise any other
             officer or officers under him to exercise all or any of his powers
             for such area or areas as may be specified by him.

             (2)    The Government may, by notification in the official
             Gazette, appoint such persons as it thinks fit,  to be Inspectors
             for the puposes of this Act within such local limits as it may
             assign to them respectively.

             (3)    The Government may also, by notification as aforesaid,
             appoint such public officers as it thinks fit to be Inspectors for
             all or any of the purposes of this Act, within such local limits as
             it may assign to them respectively.

             (4)    Every Deputy Commissioner shall be an Inspector of his
             district.

             (5)    No person shall be appointed to be an Inspector under
             sub-section (2) or, having been so appointed, shall continue to
             hold office, who is or becomes directly or indirectly, interested
             in a factory or in any process or business carried on therein or
             any patent or machinery connected therein.

             (6)    In any area where there are more Inspectors than one, the
             Government may, by notification as aforesaid, declare the powers
             which such Inspectors shall respectively exercise, and the
             Inspector to whom the prescribed notices are to be sent.

             (7)    The Chief Inspector and every Inspector shall be deemed
             to be a public servant within the meaning of section 21 of the
             Penal Code, (Act XLV of 1860) [as adapted] and the Inspectors
             appointed under sub-section (3) shall be officially subordinate to
             such authority as the Government may specify on this behalf.

      10.    Powers of Inspector. - 

             (1)    For carrying out the purposes of this Act, an Inspector
             may, within the local limits for which he is appointed - 

                    (a)   enter with such assistants, being persons in the
                          service of Bangladesh or of any municipal or other
                          local authority, as he thinks fit, inspect and
                          examine any place which is, or which he has reason
                          to believe to be, used as a factory under the
                          provisions of section 3;

                    (b)   require the production of the registers,
                          certificates, notices and documents kept in
                          pursuance of this Act, and inspect, examine and
                          copy any of them;

                    (c)   make such examination and inquiry as may be
                          necessary to ascertain whether the provisions of
                          this Act and other laws for the time being in force
                          relating to health and hygiene, in respect of a
                          factory and any person employed in a factory are
                          complied with;

                    (d)   require any person whom he finds in a factory to
                          give such information as it is in his knowledge
                          relating to the actual occupier of the factory;

                    (e)   examine, in respect of matters pertaining to this
                          Act, every person whom he finds in a factory, or
                          whom he has reasonable cause to be or to have been
                          within the  preceding two months, employed in a
                          factory;

                          Provided  that no person shall be required to answer any
                          questions or to give any evidence tending to incriminate himself;
                          and

                    (f)   require every person so examined to sign the record
                          of such examination by way of verification.

             (2)    The occupier of every factory, his agents and servants,
             shall furnish the means required by an Inspector as necessary
             for an entry, inspection, examination, enquiry, the taking of
             samples, or otherwise for the exercise of his powers under
             this Act, in relation to that factory.

             (3)    An Inspector may seize any record, register or any other
             documents of any factory, relevant  to the enforcement of the
             provisions of this Act, as he may consider necessary in the
             prescribed manner for the purpose of carrying out his functions
             under this Act.

      11.    Certifying Surgeons. -

             (1)    The Government may appoint such registered medical
             practitioners as it deems fit to be Certifying Surgeons, for
             the purposes of this Act within such local limits or for such
             factory or class or description of factories as may be
             assigned to them respectively.

             (2)    No person shall be appointed to be a Certifying Surgeon,
             or having been so appointed, continue to exercise such powers, who
             is or becomes the occupier of a factory or is or becomes directly
             or indirectly interested therein or in any patent or machinery
             connected therewith or is otherwise in the employment of the
             factory.

             (3)    The Certifying Surgeon will carry out such duties as may
             be prescribed in connection with -

                    (a)   examination and certification of young persons
                          under this Act;

                    (b)   examination of persons engaged in factories in such
                          dangerous occupations or processes as may be
                          prescribed;

                    (c)   such medical supervision as may be prescribed for
                          any factory or class or description of factory
                          where - 

                          (i)    cases of illness having occurred which it is
                                 reasonable to believe are due to the nature of
                                 the manufacturing process carried on or other
                                 conditions of work prevailing therein; 

                          (ii)   by reason of any change in the manufacturing
                                 process carried on or in the substance used
                                 therein or by reason of the adoption of any
                                 new manufacturing process or any new substance
                                 for use in a manufacturing process, there is
                                 likelihood of injury to the health of the
                                 workers employed in that manufacturing
                                 process; and

                          (iii)   young persons are, or are about to be
                                 employed in any work which is likely to
                                 cause injury to their health.


CHAPTER III: HEALTH AND HYGIENE

      12.    Cleanliness. -

             (1)   Every factory shall be kept clean and free from
              effluvia arising from any drain privy or other nuisance, and in
              particular, - 

                   (a)    accummulation of dirt and refuge shall be
                          moved daily by sweeping or by any other
                          effective method from the floors and benches
                          of workrooms and from staircases and passages
                          and disposed of in a suitable manner;

                   (b)    the floor of every workroom shall be cleaned
                          at least once in every week by washing, using
                          disinfectant where necessary or by some other
                          effective method;

                   (c)    where the floor is liable to become wet in the
                          course of any manufacturing process to such
                          extent as is capable of being drained,
                          effective means of drainage shall be provided
                          and maintained;

                   (d)    all inside walls and partitions, all ceilings
                          or tops of rooms  and walls, sides and tops of
                          passages and staircases shall-

                          (i)    where they are painted or varnished, be
                                 repainted or revarnished at least once in
                                 every five years;

                          (ii)   where they are painted or varnished and
                                 have smooth impervious surfaces, be
                                 cleaned at least once in every fourteenth
                                 month, by such methods as may be
                                 prescribed;

                          (iii)        in any other case, be kept white-
                                       washed or colour-washed and the
                                       white-washing or colour-washing
                                       shall be carried out at least once
                                       in every fourteen months; and

                   (e)    the dates on which the processes required by
                          clause (d) are carried out shall be entered in
                          the prescribed register.

             (2)    If, in view of the nature of the operations carried on in
              a factory it is not possible for the occupier to comply with all or
              any of the provisions of sub-section (1), the Government may, by an
              order, exempt such factory or class or description of factories
              from any of the provisions of that sub-section and specify
              alternative methods for keeping the factory in a clean state.

      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.

      14.  Ventilation and temperature. -

             (1)    Effective and suitable provisions shall be made in every
              factory for securing and maintaining in every work-room -

                    (a)   adequate ventilation by the circulation of fresh
                          air; and

                    (b)   such temperatures as will secure to workers therein
                          reasonable conditions of comfort and which will
                          prevent injury to health, and in particular, -

                          (i)    the walls and roof shall be of such material
                                 and so designed that such temperature shall
                                 not be exceeded but be kept as low as
                                 practicable;

                          (ii)   where the nature of the work carried on in the
                                 factory involves, or is likely to involve, the
                                 production of excessively high temperature,
                                 such adequate measures as are practicable,
                                 shall be taken to protect the workers
                                 therefrom by separating the process which
                                 produces such temperature from the work-room
                                 by insulating the hot parts or by other
                                 effective means.

             (2)    The Government may prescribe a standard of adequate
              ventilation and reasonable temperature for any factory or class or
              description of factories or parts thereof and direct that a
              thermometer shall be provided and maintained in such place and
              position as may be specified.

             (3)    If it appears to the Government that in any factory or
              class or description of factories excessively high temperature can
              be reduced by such methods as white-washing, spraying or insulating
              and screening outside walls or roofs or windows or by raising the
              level of the roof, or by insulating the roof either by an air space
              and double roof or by the use of insulating roofing materials, or
              by other methods, it may prescribe such of those or other methods
              to be adopted in the factory.

      15.    Dust and fume. -

             (1)    In every factory in which, by reason of the manufacturing
              process carried on, there is given off any dust or fumes or other
              impurity of such a nature and to such an extent as is likely to be
              injurious or offensive to the workers employed therein, effective
              measures shall be taken to prevent its accummulation in any work-
              room and its inhalation by workers, and if any exhaust appliance is
              necessary for this purpose, it shall be applied as near as possible
              to the point of origin of the dust, fumes or other impurity, and
              such point shall be enclosed so far as is possible.

             (2)    In any factory no stationary internal combustion engine
              shall be operated unless the exhaust is conducted into open air,
              and no internal combustion engine shall be operated in any room
              unless effective measures have been taken to prevent such
              accummulation of fumes therefrom as are likely to be injurious to
              the workers employed in the work-room.

      16.    Artificial humidification. -

             (1)    The Government may, in respect of all factories in which
                    humidity of the air is artificially increased, make rules
                    -

                    (a)   prescribing standards of humidification;

                    (b)   regulating the methods used for artificially
                          increasing the humidity of the air;

                    (c)   directing prescribed tests determining the humidity
                          of the air to be correctly carried out and
                          recorded; and

                    (d)   prescribing methods to be adopted for securing
                          adequate ventilation and cooling of the air in the
                          work-rooms.

             (2)    In any factory in which the humidity of the air is
              artificially increased, the water used for the purpose shall be
              taken from a public supply, or other source of drinking water, or
              shall be effectively purified before it is so used.

             (3)    If it appears to an Inspector that the water used in a
              factory for increasing humidity which is required to be effectively
              purified under sub-section (2) is not effectively purified, he may
              serve on the Manager of the factory an order in writing, specifying
              the measures which in his opinion should be adopted, and requiring
              them to be carried out before a specified date.

      17.    Overcrowding. -

             (1)    No work-room in any factory shall be overcrowded to the
              extent that it is injurious to the health of the workers employed
              therein.

             (2)    Without prejudice to the generality of the provisions of
              sub-section (1), there shall be provided for every worker employed
              in a work-room-

                    (a)   at least three hundred and fifty cubic feet of
                          space in the case of a factory in existence on the
                          date of the commencement of this Act, and

                    (b)   at least five hundred cubic feet of space in the
                          case of a factory built after the commencement of
                          this Act.

              Explanation - For the purpose of this sub-section no account
              shall be taken of  a space which is more than fourteen feet above
              the level of the floor of the room.

             (3)    If the Chief Inspector by order in writing so requires, 
              there shall be posted in each work-room of a factory a notice
              specifying the maximum number of workers who may, in compliance
              with the provisions of this section, be employed in the room.

             (4)    The Chief Inspector may, by order in writing exempt,
              subject to the conditions as he may think fit to impose, any work-
              room from the provisions of this section if he is satisfied that
              compliance therewith in respect of such room is not necessary for
              the purpose of health of the workers employed therein.

      18.    Lighting. -

             (1)    In every part of a factory where workers are working or
              passing, there shall be provided and maintained sufficient and
              suitable lighting, natural or artificial, or both.

             (2)    In every factory all glazed windows and skylights used
              for the lighting of the work-room shall be kept clean on both the
              outer and inner surfaces and free from obstruction as far as
              possible under the rules framed under sub-section (3) of section 14.

             (3)    In every factory effective provision shall so far as is
              practicable, be made for the prevention of -

                    (a)   glare either directly from any source of light or
                          by reflection from a smooth or polished surface,
                          and

                    (b)   the formation of shadows to such an extent as to
                          cause eye strain or risk of accident to any worker.

            (4)    The Government may prescribe standards of sufficient and
              suitable lighting for factories or for any class or description of
              factories or for any manufacturing process.

      19.    Drinking water. -

             (1)    In every factory effective arrangements shall be made to
              provide and maintain at a suitable point conveniently situated for
              all workers employed therein, a sufficient supply of wholesome
              drinking water.

             (2)    All such points shall be legibly marked "Drinking Water"
              in a language understood by the majority of the workers and no such
              point shall be situated within twenty feet of any washing place,
              urinal or latrine, unless a shorter distance is approved in writing
              by the Chief Inspector.

             (3)    In every factory wherein more than two hundred and fifty
              workers are ordinarily employed, provision shall be made for
              cooling the drinking water during the hot weather by effective
              means and for distribution thereof.

             (4)    The Government may, in respect of all factories or any
              class or description of factories, make rules for securing
              compliance with the provisions of this section.

      20.    Latrines and urinals. -

             (1)    In every factory -

                    (a)   sufficient latrines and urinals of prescribed types
                          shall be provided conveniently situated and
                          accessible to workers at all times while they are
                          in the factory;

                    (b)   enclosed latrines and urinals shall be provided
                          separately for male and female workers;

                    (c)   such latrines and urinals shall be adequately
                          lighted and ventlated and no latrine or urinal
                          shall, unless specifically exempted in writing by
                          the Chief Inspector, communicate with any work-room
                          except through an intervening open space or
                          ventilated passage;

                    (d)   all such latrines and urinals shall be maintained
                          in a clean and sanitary condition at all times with
                          suitable detergents or disinfectants or with both;

                    (e)   the floors and internal walls of the latrines and
                          urinals and the sanitary blocks shall, up to a
                          height of three feet, be finished to provide a
                          smooth polished impervious surface.

             (2)    The Government may prescribe the number of latrines and
              urinals to be provided in any factory in proportion to the numbers
              of male and female workers ordinarily employed therein and such
              further matters in respect of sanitation in the factories.

      21.    Spittoons. -

             (1)    In every factory there shall be provided, at convenient
              places, a sufficient number of spittoons which shall be maintained
              in a clean and hygienic condition.

             (2)    The Government may make rules prescribing the type and
              the number of spittoons to be provided and their location in any
              factory and such further matters as may be deemed necessary
              relating to their maintenance in a clean and hygienic condition.

             (3)    No person shall spit within the premises of a factory
              except in the spittoons provided for the purpose.  A notice
              containing this provision and the penalty for its violation shall
              be prominently displayed at suitable places in the premises.

             (4)    Whosoever spits in contravention of sub-section (3),
              shall be punishable with a fine not exceeding Taka Two.


CHAPTER 1V: SAFETY

      22.    Precautions in case of fire. -

             (1)    Every factory will be provided with such means of escape
              in case of fire as may be prescribed.

             (2)    If it appears to the Inspector that any factory is not
              provided with the means of escape prescribed under sub-section (1),
              he may serve on the Manager of the factory an order in writing
              specifying the measures which, in his opinion, should be adopted
              before a date specified in the order.

             (3)    In every factory the doors affording exit from any room
              shall not be locked or fastened so that they can be easily and
              immediately opened from inside while any person is within the room,
              and all such doors, unless they are of the sliding type, shall be
              constructed to open outwards, or where the door is between two
              rooms, in the direction of the nearest exit from the building and
              no such door shall be locked or obstructed while work is being
              carried on in the room.

             (4)    In every factory every window, door, or other exit
              affording means of escape in case of fire, other than the means of
              exit in ordinary use, shall be distinctively marked in a language
              understood by the majority of the workers and in red letters of
              adequate size or by some other effective and clearly understood
              sign.

             (5)    In every factory there shall be provided effective and
              clearly audible means of giving warning in case of fire to every
              person employed therein.

             (6)    A free passage-way giving access to each means of escape
              in case of fire shall be maintained for the use of all workers in
              every room of the factory.

             (7)    In every factory wherein more than ten workers are
              ordinarily employed in any place above the ground floor, or
              explosives or highly inflammable materials are used or stored,
              effective measures shall be taken to ensure that all the workers
              are familiar with the means of escape in case of fire and have been
              adequately trained in the routine to be followed in such case.

             (8)    The Government may make rules prescribing in respect of
              any factory, or class or description of factories, the means of
              escape to be provided in case of fire and the nature and amount of
              fire-fighting apparatus to be provided and maintained.

      23.    Fencing of machinery. - 

             (1)    In every factory the following shall be securely fenced
              by safeguards of substantial construction which shall be kept in
              position while the part of machinery required to be fenced are in
              motion or in use, namely -

                    (a)   every moving part of a prime mover, and every fly
                          wheel connected to a prime mover;

                    (b)   the head-race and tail-race of every water wheel
                          and water turbine;

                    (c)   any part of a stock-bar which projects beyond the
                          head stock of a lathe; and

                    (d)   unless they are in such position or of such
                          construction as to be as safe to every person
                          employed in the factory as they would be if they
                          were securely fenced -

                          (i)    every part of an electricity generator, a
                                 motor or rotary convertor;

                          (ii)   every part of transmission machinery; and

                          (iii)         every dangerous part of any machinery:
       
              Provided  that, for the purpose of determining whether any
              part of machinery is in such position or is of such construction as
              to be safe as aforesaid, account shall not be taken of any occasion
              when it being necessary to make an examination of the machinery
              while it is in motion or, as a result of such examination, to carry
              out any mounting or shipping of belts, lubrication or other
              adjusting operation while the machinery is in motion, such
              examination or operation is made or carried out in accordance with
              the provisions of section 24.

             (2)    Without prejudice to any other provision of this Act
              relating to the fencing of machinery, every set screw, bolt and key
              on any revolving shaft, spindle wheel or pinion and all spur, worm
              and other toothed or friction gearing in motion with which a worker
              would otherwise be liable to come into contact, shall be securely
              fenced, to prevent such contact.

             (3)    The Government may exempt, subject to such conditions as
              may be imposed, for securing the safety of the workers, any
              particular machinery or part thereof from the provisions of this
              Act.

             (4)    The Government may, by rules, prescribe such further
              precautions as it may consider necessary in respect of any
              particular machinery or part thereof.

      24.    Work on or near machinery in motion. - 

             (1)    Where in any factory it becomes necessary to examine any
              part of machinery referred to in section 23 while the machinery is
              in motion, or as a result of such examination, to carry out any
              mounting or shipping of belts, lubrication or other adjusting
              operation while the machinery is in motion, such examination or
              operation shall be made or carried out only by a specially trained
              adult male worker wearing tight fitting clothing whose name has
              been recorded in the register prescribed in this behalf and while
              he is so engaged such worker shall not handle a belt at a moving
              pulley unless the belt is less than six inches in width and unless
              the belt-joint is either laced or flush with the belt.

             (2)    No woman or child shall be allowed in any factory to
              clean, lubricate or adjust any part of machine while that part is
              in motion, or to work between moving parts or between fixed and
              moving parts, of any machinery which is in motion.

             (3)    The Government may, by notification in the official
              Gazette, prohibit, in any specified factory or class or description
              of factories, the cleaning, lubricating or adjusting by any person,
              of specified parts of machinery when those parts are in motion.

      25.    Employment of young persons on dangerous machines.

             (1)    No young person shall work at any machine unless he has
              been fully instructed as to the dangers arising in
              connection with the machine and the precautions to be
              observed, and -

                    (a)   has received sufficient training in work at the
                          machine, or

                    (b)   is under adequate supervision by a person who has
                          thorough knowledge and experience of the machine.

             (2)    This section shall apply to such machines as may be
              notified by the Government to be of such a dangerous character that
              young persons ought not to work at them unless the foregoing
              requirements are complied with.

      26.    Striking gear and devices for cutting off power. -

             (1)    In every factory -

                   (a)   suitable striking gear or other efficient
                          mechanical appliances shall be provided and
                          maintained and used to move driving belts to and
                          from fast and loose pulleys which form part of the
                          transmission machinery, and such gear or appliances
                          shall be so constructed, placed and maintained as
                          to prevent the belt from crooping back on the first
                         pulleys;

                   (b)   driving belts when not in use shall not be allowed
                          to rest or ride upon shafting in motion.

             (2)    In every factory suitable devices for cutting off power
              in emergencies from running machinery shall be provided and
              maintained in every work-room.

             (3)    In respect of factories in operation before the
              commencement of this Act the provisions of sub-section (2) shall
              apply only to work-rooms in which electricity is used for power.

      27.    Self-acting machines. - No traversing part of a self-
acting machine in any factory and no material carried thereon
shall,  if the space over which it runs is a space over which any
person is liable to pass whether in the course of his employment or
otherwise, be allowed to run on its outward or inward traverse
within a distance of eighteen inches from any fixed structure which
is not part of the machine:

      Provided that the Chief Inspector may permit the continued use
of a machine installed before the commencement of this Act which
does not comply with the requirements of this section on such
conditions for ensuring safety as he may think fit to impose.

      28.    Casing of new machinery. -

             (1)    In all machinery driven by power and installed in any
              factory after the commencement of this Act -

                    (a)   every set screw, belt or key or any revolving
                          shaft, spindle, wheel or pinion shall be so sunk,
                          encased or otherwise effectively guarded as to
                          prevent danger; and
                    (b)   all spur, worm and other toothed or friction
                          gearing which does not require frequent adjustment
                          while in motion, shall be completely encased unless
                          it is so situated as to be as safe as it would be
                          if it were completely encased.

             (2)    Whoever sells or lets on hire or as agent of a seller or
              hirer, causes or procures to be sold or let on hire, for use in a
              factory any machinery driven by power which does not comply with
              the provisions of sub-section (1), shall be punishable with
              imprisonment for a term which may extend to threee months, or with
              a fine which may extend to Taka five hundred or with both.

             (3)    The Government may make rules specifying further
              afeguards to be provided in respect of any other dangerous part of
              any particular machine or class or description of machines.

      29.    Prohibition of employment of women and children near
cotton-openers. - No woman or child shall be employed in any part
of a factory for pressing cotton in which a cotton-opener is at
work:

      Provided that if the feed-end of a cotton-opener is in a room
separated from the delivery end by a partition extending to the
roof or to such heights as the Inspector may, in any particular
case, specify in writing, women and children may be employed on the
side of the partition where the feed-end is situated.

      30.    Cranes and other lifting machinery. -

             (1)    The following provisions shall apply in respect of cranes
              and all other lifting machinery, other than hoists and lifts, in
              any factory -

                    (a)   every part thereof, including the working gear,
                          whether fixed or movable, ropes and chains and
                          anchoring and fixing appliances shall be - 

                          (i)    of good construction, sound material and
                                 adequate strength;

                          (ii)   properly maintained;

                          (iii)   thoroughly examined by a competent person
                                 at least once in every period of twelve
                                 months, and a register shall be kept
                                 containing the prescribed particulars of
                                 every such examination;

                    (b)  no such machinery shall be loaded beyond the safe
                          working load which shall be plainly marked thereon;
                          and

                    (c)  while any person is employed or working on or near
                          the wheel-tract of a travelling crane in any place
                          where he would be liable to be struck by the crane,
                          effective measures shall be taken to ensure that
                          the crane does not approach within twenty feet of
                          that place.

             (2)    The Government may make rules in respect of any lifting
              machinery or class or description of lifting machinery in factories

                    (a)   prescribing requirements to be complied with in
                          addition to those set out in this section; or

                    (b)  exempting from compliance with all or any of the
                          requirements of this section, where, in its
                          opinion, such compliance is unnecessary or
                          impracticable.

      31.    Hoists and lifts.-

             (1)    In every factory-

                    (a)   every hoist and lift shall be -

                          (i)    of good mechanical construction, sound
                                 material and adequate strength,

                          (ii)   properly maintained, and shall be thoroughly
                                 examined by a competent person at least once
                                 in every period of six months, and a register
                                 shall be kept containing the prescribed
                                 particulars of every such examination;

                    (b)  every hoistway and liftway shall be sufficiently
                          protected by an enclosure fitted with gates, and
                          the hoist or lift and every such enclosure shall be
                          so constructed as to prevent any person or thing
                          from being trapped between any part of the hoist or
                          lift and any fixed structure or moving part;

                    (c)  the maximum safe working load shall be plainly
                          marked on every hoist or lift, and no load greater
                          than such load shall be carried thereon;

                    (d)  the cage of every hoist or lift used for carrying
                          persons shall be fitted with a gate on each side
                          from which access is afforded to a landing;

                    (e)  every gate referred to in clause (b) or clause (d)
                          shall be fitted with interlocking or other
                          efficient device to secure the gate so that it
                          cannot be opened except when the cage is at the
                          landing and to ensure that the cage cannot be moved
                          unless the gate is closed.

             (2)    the following additional requirements shall apply to
              hoists and lifts used for carrying persons and installed or
              reconstructed in a factory after the commencement of this Act,
              namely-

                    (a)  where the cage is supported by rope or chain there
                          shall be at least two ropes or chains separately
                          connected to the cage and balance weight, and each
                          rope or chain with its attachments shall be capable
                          of carrying the whole weight of the cage together